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Agenda 05-17-22
The City of Boynton Beach City Commission Agenda Tuesday, May 17, 2022, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Ty Penserga (At Large) Vice Mayor Angela Cruz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Thomas Turkin (District 111) Commissioner Aimee Kelley (District IV) James Stables, Interim 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. boy nton- beach. org Page 1 of 946 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: Page 2 of 946 You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 946 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Rev. Randy Patterson, Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Announce the virtual Hurricane Preparedness Info. Session being held on Thursday, May 19 from 12: 00-1: 00 p. m. B. Announce the Memorial Day Veterans Ceremony on Sunday, May 29th, starting at 2:OOpm at the Boynton Beach Memorial Park Cemetery located at 1611 S. Seacrest Blvd. C. Announcement by Interim City Manager Jim Stables recognizing the Boynton Beach City Library for being awarded the 2022 Florida Library Association Library of the Year. D. Proclaim May 15-21, 2022 as Water Reuse Week for the City of Boynton Beach. Sherry McCorkle from South Florida Water Management District will accept the proclamation. E. Proclaim May 18, 2022 as Haitian Flag Day and proclaim the month of May 2022 as Haitian Heritage Month. Samuel Pierre of Palm Beach Haitian Heroes, Inc. will accept the proclamation. F. Proclaim the month of May as Asian Pacific American Heritage Month. G. Proclaim Friday, June 3, 2022 as National Gun Violence Awareness Day. Wynna Dunmyer of Moms Demand Action for Gun Sense in America will accept the proclamation. H. Proclaim May 21-27, 2022 as National Safe Boating Week. Flotilla Commander Shari Forman will accept the proclamation. Proclamations requested by Commissioner Cruz to recognize the 10th Annual Hispanic/Latino Studies Summer Institute and the FL Association of Latino Administrators and Superintendents (FL -ALAS) State Conference. Vice Mayor Angela Cruz will accept the proclamations. J. The City's external auditing firm Marcum, LLP has completed the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2021. Attached to this agenda are the final financial statements and reports. 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 Page 4 of 946 A. Ms. Barbara Ready is term limited as a board member on the Historic Resources Preservation Board and has requested that the City Commission consider her re -appointment. B. Annual appointment and reappointment of eligible members of the community to serve in vacant positions on City advisory boards. 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. Proposed Resolution No. R22-064 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event on Monday, July 4, 2022. Proposed Resolution No. R22-065 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and 3301 Quantum Owner LLC for the 4th of July event on Monday, July 4, 2022. Proposed Resolution No. R22-066 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and BB1 Development LLC for the 4th of July event on Monday, July 4, 2022. B. Proposed Resolution No. R22-067 - Accept EMS grant funds from Palm Beach County for fiscal year 2021-2022 and authorize the Interim City Manager to sign the Grant Agreement. C. Proposed Resolution No. R22-068- Authorize the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Brothers Catering Services LLC located at 411 S Federal Highway, Boynton Beach, FL 33435. D. Proposed Resolution No. R22-069 -Authorize the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,322.01 for J & I Optical, LLC located at 1034 Gateway Blvd. Suite 106, Boynton Beach, FL 33426 E. Proposed Resolution No. R22-070 - Authorize the Interim City Manager to sign an interlocal agreement between the Palm Beach County Sheriff and the City of Boynton Beach, Florida, pertaining to the Operation Stonegarden Grant Program subject to the approval of the City Attorney. F. Legal Expenses - April 2022 - Information at the request of the City Commission. No action required. G. Approve minutes from the April 26, 2022 City Commission special meeting, May 3, 2022 City Commission meeting and May 7, 2022 City Commission workshop meeting. 7. Consent Bids And Purchases Over $100,000 A. Proposed Resolution No. R22-071 - Approve a Progressive Design -Build Phase 1 agreement with PCL Construction, Inc. for the Lift Station 317 Major Upgrade project in the amount of $490,740.00 and authorize the Interim City Manager to sign the agreement. B. Approve a task order with Johnson -Davis, Inc. for the West Water Treatment Plant Diesel Tank Piping project in the amount of $106,500.00. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. Page 5 of 946 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve request for Major Site Plan Modification (MSPM 22-003) to the Publix Distribution Center to allow for the construction of a ±571,558 square foot warehouse building expansion and associated site improvements on a 63.79 acre site, located at 5500 Park Ridge Boulevard, in the PID (Planned Industrial Development) zoning district. Applicant: Randolph Barber, Publix Super Markets, I nc. B. Approve request for Master Plan Modification (MPMD 22-001) for Shalimar at Boynton Beach to establish project density and intensity, maximum building heights, land use distribution, and vehicle pedestrian circulation design. Applicant: Rene Gutierrez, TM Residential LLC. Approve request for New Major Site Plan (NWSP 22-001) for Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. Applicant: Rene Gutierrez, TM Residential LLC. (Tabled from the April 19, 2022 City Commission Meeting.) 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business A. Commission discussion regarding potential height limitations, requested by Commissioner Turkin. B. Commission discussion regarding acreage of open space required based on population, requested by Commissioner Turkin. C. Commission discussion regarding changing the start time for City Commission meetings to 6:00 p.m., requested by Commissioner Turkin. D. Commission discussion regarding adding a dog park in District III, requested by Commissioner Turkin. E. Proposed Resolution No. R22-072- Approve the Employment Agreement for Interim City Manager with James Stables and authorize the Mayor to sign the Employment Agreement. 12. Legal A. Proposed Ordinance No. 22-013 - First Reading - Approve amendments to the Land Development Regulations, Chapter 3, Article 111. Zoning Districts and Overlay Zones; Chapter 3, Article IV, Section 5. Nonconforming Uses; and Chapter 4, Article IX, Section 6. Historic Preservation Requirements to promote, incentivize and facilitate the preservation of historically - designated properties in the City. 13. Future Agenda Items A. Discuss process for a permanent City Manager - June 7, 2022 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) Page 6 of 946 The city shallfurnish 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 iterrn may be added subsequent to the publication of the agenda on the city's web site. lnfortrntion regarding iterrn 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 946 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 5/17/2022 Requested Action by Commission: Call to Order - Mayor Ty Penserga Roll Call Invocation by Rev. Randy Patterson, Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Woodrow 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 5/17/2022 Page 8 of 946 Requested Action by Commission: Informational items by the 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 5/17/2022 Page 9 of 946 Requested Action by Commission: Announce the virtual Hurricane Preparedness Info. Session being held on Thursday, May 19 from 12:00-1:00 p.m. Explanation of Request: Join City and County staff virtually to learn about hurricane safety preparation tips. For more information and to register for the webinar, visit the City's website at https://www.boynton-beach.org/hurricane. A sign language interpreter will be in attendance on the May 19 webinar. To request other accommodations or with any questions, please call 561-742-6241 or email ada@bbfl.us. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 10 of 946 iw Requested Action by Commission: Announce the Memorial Day Veterans Ceremony on Sunday, May 29th, starting at 2:00pm at the Boynton Beach Memorial Park Cemetery located at 1611 S. Seacrest Blvd. Explanation of Request: The City of Boynton Beach and the Boynton Beach Veterans Task Force will host a Memorial Day Veterans Ceremony at the Boynton Beach Memorial Park Cemetery located at 1161 S. Seacrest Blvd. on Sunday, May 29th, starting at 2:00 p.m. How will this affect city programs or services? Support Services will be provided by the Recreation & Parks Department, Public Works, and Marketing & Events. Fiscal Impact: There are no hard costs to the City associated with this event. Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: Hosting special events provides an opportunity for residents and non-residents to visit Boynton Beach Memorial Park. It is also a great opportunity to collaborate and build partnerships with the Veteran's Task Force and other groups attend and volunteer at the City's events. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 11 of 946 Requested Action by Commission: Announcement by Interim City Manager Jim Stables recognizing the Boynton Beach City Library for being awarded the 2022 Florida Library Association Library of the Year. Explanation of Request: Each year, the Florida Library Association issues awards for Excellence in Libraries. An awards committee composed of professional librarians throughout the state of Florida rate applications in multiple categories, including Library of the Year. Public and academic libraries are included in the consideration. How will this affect city programs or services? This award is a testament to the hard work and dedication of Boynton Beach City Library staff in creating innovative programming and public access to 21st century technology. Fiscal Impact: Alternatives: Strategic Plan: Building Wealth in the Community, High Performing Organization, Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ffaclhtirTIENI'lt Description 1:::: lloirida II.....lilbira iry Associatioin of th E' Y(.sa ir' ir: ['10LA 111C, a s irYI a s ir': f Page 12 of 946 m 3, ;v rtV' A n. u j", , 4.Jl r I 1 �! l U «� � fly ill/ �„ / � �� /�/ � � / /.,,�,n 0 hre Ak. Jdonoriny excellence tn 311ortila litbrarie3 LMa ifetimrshelle J. Berry Marshelle Berry is worthy of the Lifetime Achievement Award because she has demonstrated her commitment to the library profession by serving in a variety of leadership roles for the past 35 years. She is willing to take risks'and try new things, as evidenced by her work with children and teens, with authors and with elected officials, through library design and space management. She's led multiple teams through the changing landscape of library service, helping staff transition to increased focus on the communities they serve using data -driven approaches to community engagement. a�w-w�a�� mm mm Library of the Year Boynton Beach City Library At the Boynton Beach City Library, service to their community is not restricted by location, language, or income level. They strive to meet their patrons where they are needed most; whether that meant working out of a temporary site while their new building was being constructed, providing virtual programming during the pandemic, or creating free resources to kickstart local entrepreneurs. They took a year of inevitable change and transformed it into a challenge to be the library their community needs. A brand-new library was opened with modern technologies, a Creative Edge Studio makerspace, increased support of small businesses and entrepreneurs, revamped marketing, and they opened a Friends Bookstore. Lader of the Ye e ar Eric Head Eric Head is a superb and passionate leader who for the past 26 years has and continues to give his heart and time to FLA, libraries and the community. His passion for intellectual freedom and free access are what he advocates for on a daily basis. His involvement in early literacy in the community is commendable and is to be emulated.; He encourages his staff to invest in themselves and the Florida Library Association by getting involved in committees and the library community. He is a true leader who always does what is right for the greater and not for himself. �< Outstanding New Librarian Katrina Brockway Katrina Brockway received her MLIS in December 2020 and is everything we want our new librarians to be: enthusiastic, dedicated, creative, and informed. She has flair and a passion for programming, and is willing — excited, even — to innovate and iterate to meet the needs of the community. She doesn't, however, let her enthusiasm for programming detract from other areas of librarianship. She currently serves on two'system committees, and dedicates a significant amount of time to advancing their goals, especially goals related to equity and inclusion. She consistently provides excellent customer service to both internal and external customers, frequently receiving particular praise for going above and beyond when helping. In all, Katrina embodies the future of librarianship. F'f<rril, ; rhtaiit spanp'y 2022 flafib.org Outstanding Paraprofessio Niurka Olivers de Ojeda Branch Clerk Niurka Olivera de Ojeda meaningfully improves the lives of the numerous students that take her Citizenship Inspired (CI) classes. Pivoting to a virtual format in 2020, Niurka provides free classes -that help local immigrant residents prepare for the Naturalization Interview and Test. Through her herculean efforts, she has taught Cl over 160 times to over 3000 students and conducted 67 one-on-one mock interviews. At least 74 students have passed under her tutelage. Niurka's passion for citizenship education extends beyond the classroom. She promotes Cl through various media, provides guidance and assistance to other Cl instructors, and has spoken at a regional library conference about the program to offer guidance about starting the series for libraries outside of Orange County. 0, 4, Betty Davis Miller Youth Services Award- Children Palm Beach County Library Virtual Sensory Story Time or (VSST) was created to provide an opportunity to engage members of this community through an inclusive and interactive zoom story time complete with books, songs, and sensory activities. VSST was one of the most well -attended virtual programming for the Palm Beach County Library with a weekly average attendance of 22 members. Since its inception in May 2021, over 523 individuals have attended these story times with a passive viewership -of over 342 participants. Due to the Palm Beach County Library System's ability to recognize a need in the community during a difficult time, VSST has become a beacon for the special needs community where members continuously attend and enjoy quality programming. ................. (11 0�V, Betty Davis Miller Youth Services ward- Teens roward County Library The Ready for College Workshop Series provides outstanding, potentially life -changing services to teens by helping them apply and prepare for college admission. By packaging the college -ready and SAUACT prep workshops and moving them online, BCL staff was able to eliminate barriers to program attendance, increasing it in a year's time by over 200 percent. It can be easily replicated by public and academic libraries. 110 01 ,Excellence in Marketing and Public Relations Award Broward County Library By not only meeting but exceeding its clear objectives, the BCL Marketing section's campaign to increase the open rates of Broward County Library's Fresh News enewsletter proved highly successful and worthy of an FLA Excellence in Marketing and Public Relations Award. Starting with a well-defined goal, the campaign was carefully planned, strategically executed and creative in implementation. Objectives were clear, and they were accomplished and then exceeded. In addition to increasing open rates, this campaign resulted in further awareness of library services, a stronger connection to library customers and a Page 15 of 946 higher -quality product. Fresh News also received a gold award, the second-highest honor, in the 2021 Hermes Creative Awards competition's the eNewsletter category. 1i� Iwlxemplary Instructional Programs or Service Award Jessica Daly Jessica is worthy of this recognition due to her relentless dedication of improving health literacy of patients, family caregivers, and community members within the state of Florida. Her virtual health literacy program, which originated in March of 2020 on the cuff of the COVID-19 pandemic, continues today reaching people from across the country and around the world. Jessica has shown the importance of librarians working together,to reach the Ii0),,lOr 10, Outstanding Scholarly Contribution Marielle Veve Marielle is well deserving of the Outstanding Scholarly Contribution Award because.she has dedicated most of her 20 -year library career to research and publish on practical, but unexplored topics with a high demand in the library field. Examples of these are her free RDA cataloging Booklet and E -book cataloging workshop (Serials Librarian), in addition to many other articles and presentations on non -MARC metadata duties, workflows, harvesting processes, authority control, and electronic theses & dissertations. Her publications are known for transforming complex, unfamiliar topics into simple manageable ones that have helped many librarians in their every day work tasks. needs of the Her work as a Consumer lth Librarian has been ec gni ed by SC/M A, MLA, ALAwand[Fr Friends NewsleFA. Jessica also published her first professional articlethis year which explains her work and this program. iends Of the Library Of Alachua County mo VIV, 10, Intellectual Freedom Palm Beach County Library System The Palm Beach County Library System made an exceptional contribution to increasing the right of access to stories featuring black girls as the lead character in print, electronic and audiobook content through adoption of the national #1000BlackGirlBooks campaign. The displays, bibliography and catalog -searchable hashtag have raised awareness in the community that this it is important for every child to see themselves in the books they read, and due to the ingenuity and perseverance of staff, young black female library members now have a resounding presence among the Library's collection. uuuuVVV V 04), 0,, Tampa-Hillsborough County Public Library Tampa -Hillsborough County Public Library launched its Read or Reject (ROR) program in March of 2021, the library's newest way to bridge Borrow by Mail and Reader's Advisory. Users tell us about their favorite things to read by completing an online form, and, based on that, librarians will pick three titles they think the customer will love from their branch and drop them in the mail. When the customer opens the box, they look at our picks and decide if they will READ... or REJECT! ROR had more than 450 requests during its first week. h��� �� � ( Outstanding Business o Ir Media Partner Award St. Johns Cultural Council The St. Johns Cultural Council -has provided multiple avenues of enhancement to our Library System as part of a mutual interest in the quality of life of the citizens of St. Johns County. The new partnership with the Main Library and Waterworks building will increase opportunities for the Library and FOL to provide programs and events at a library location that had been unable to do as much in the past. The Library and its Friends, the quarterly newsletter of the Friends of the Library of Alachua County (FOL), is produced by a committee of FOL volunteers who write articles, submit original photographs, and promote FOL and library programs and activities. Most FOL members receive the newsletter on- line, where bright color photographs and clear, concise writing attract readers and encourage their engagement with all eight pages of the publication. Printed copies are distributed to branch libraries for community readers and to FOL members. During the recent pandemic while the book house was closed the FOL newsletter wasa major source of information and communication with FOL members. 0 0 0,„ Friends Website Award mends of the Citrus County Library System , In January of 2021, the Citrus Libraries Web Development team partnered with the Friends and began the research phase of what a rebranding and website update would look like. Through their efforts; an updated logo, additional secondary logo, and a set of brand guidelines were developed. With much input and encouragement from the Friends, the team then embarked on the updating process of the website, taking the current website down for about three weeks, to rebuild it in-house, from the ground up. The team worked closely together with the Friends to bring a professional and engaging format to the new website giving the Friends of the Citrus County Library System (FOCCLS) a platform to share their mission with all of Citrus County. 0, H/o, Friends Special Projects 04 VV��W Friends of the LeRoy Collins Leon Public Library System In 2022, the Friends undertook a new project: A Library of Things for the community. A -Library of Things is a collection of items available for checkout other than books, such as household and gardening tools, indoor/outdoor games, and musical instruments. Based on the community input received, the Friends proceed with awarding a grant to the library of the purchase of the items. The initial grant from the Friends of the Library was $15,000. To date, over $4,000 has been spent on 53 items. flafit).or - Florida Libraries, Spring 2022 15 Page 16 of 946 Requested Action by Commission: Proclaim May 15-21, 2022 as Water Reuse Week for the City of Boynton Beach. Sherry McCorkle from South Florida Water Management District will accept the proclamation. Explanation of Request: WateReuse Florida, the state section of the WateReuse Association, has proclaimed the week of May 15-21, 2022 as Florida Water Reuse Week. Florida is the national leader in water reuse - reusing nearly 820 million gallons of reclaimed water per day to conserve freshwater supplies and recharge freshwater resources. The South Florida Water Management District (SFW MD) and its governing board have invited the City of Boynton Beach to issue the attached proclamation. How will this affect city programs or services? This proclamation will educate residents about the importance of water reuse as a means to conserve and augment Florida's precious water resources, particularly during periods of low rainfall when demand is high. Fiscal Impact: Non -budgeted Alternatives: Strategic Plan: Environmental Sustainability Strategic Plan Application: Climate Action Application: 2020 Climate Action Plan Strategy C-2.3: Water Efficiency & Conservation Is this a grant? Grant Amount: Attachments: Type D Flira:aaJa irna tioin Description Flira:aaJa irna tioin Wa tE)r IRE)L SE) VVE'E)lk Page 17 of 946 � � Ili r � �*„"' � � irf�,: iiiii�' Illi►P il,�� �! lili���y� ilk : w�, I��� �/ �I u�aG� Proclamation WHEREAS, safe, clean and sustainable water resources are essential to Florida's environment, economy, citizens, and visitors. Although Florida's water supplies are finite, the state's population and need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water resources and is key to the state's sustainable water future. Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes, and WHEREAS, Florida's permitted reuse capacity is more than 1.8 billion gallons per day (approximately 70 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities). Florida has risen to be the national leader in water reuse -- reusing nearly 820 million gallons of reclaimed water per day to conserve freshwater supplies and recharge our freshwater resources; and WHEREAS, May, typically a dry month when water demands are high, is a good time to educate residents about how they can help save Florida's precious water resources through water reuse; and WHEREAS, WateReuse Florida, the state section of the WateReuse Association, has proclaimed the week of May 15-21,2022 as Florida Water Reuse Week; and WHEREAS, the City of Boynton Beach has joined with WateReuse Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, the City of Boynton Beach has implemented a water reuse program and encourages efficient and effective use of reclaimed water; and NOW, THEREFORE, I, Ty Penserga, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 15-21, 2022 as Wata Y-zus¢ Wgzk in the State of Florida. The City of Boynton Beach, Florida is calling upon each citizen and business to help protect our precious water resources by practicing water conservation and efficient and effective use of reclaimed water. 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 17th day of May, Two Thousand and Twenty -Two. Ty Penserga, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Proclaim May 18, 2022 as Haitian Flag Day and proclaim the month of May 2022 as Haitian Heritage Month. Samuel Pierre of Palm Beach Haitian Heroes, Inc. will accept the proclamation. Explanation of Request: The growth and prosperity of the City of Boynton Beach is due in part to an ethnic diversity that includes a substantial and rapidly increasing Haitian population. We recognize the valuable contribution of the Haitian people in the fight for the independence of the United States of America, especially in the Battle of Savannah, and pay due tribute to their endowment. The Haitian population in South Florida joins together during the Month of May to commemorate Haitian Flag Day and celebrate the Country's historical and cultural indemnity. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D FlirtaaJa irnatlioin Flirta:Ja irnatioin l llalitlia in Il::::lla g IDay a ind Il llalitlia in I lIE)r'iitagE) li oirntlh Page 19 of 946 pro e I CGAM Cation WHEREAS, the growth and prosperity of the City of Boynton Beach is due in part to an ethnic diversity that includes a substantial and rapidly increasing Haitian population; and WHEREAS, we recognize the valuable contribution of the Haitian people in the fight for the independence of the United States of America, especially in the Battle of Savannah, and pay due tribute to their endowment; and WHEREAS, the Haitian population in South Florida joins together during the Month of May to commemorate their "Flag Day" and celebrate their historical and cultural indemnity; and WHEREAS, Haitian president Dumarsais Estime started the Flag Day celebration with parades, cultural and athletic events in many cities in Haiti in the 1930s, when he was minister of education under President Stenio Vincent. Estime wanted to commemorate annually the creation of the Haitian flag to encourage the development of patriotic sentiments among Haitian youth; and WHEREAS, it is appropriate to promote awareness and understanding of cultural diversity in our society in order to strengthen the self-esteem of our multicultural community. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 1Sth day of May, Two Thousand Twenty -Two as: HAITIAN FLAG DAY And the month of May as HAITIAN HERITAGE 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 17th day of May, Two Thousand Twenty -Two. Ty Penserga, Mayor ATTEST: Crystal Gibson, MMC City Clerk 3. F. Requested Action by Commission: Proclaim the month of Mayas Asian Pacific American Heritage Month. Explanation of Request: The month of May was chosen as Asian Pacific American Heritage Month to commemorate the immigration of the first Japanese citizen, Nakahama Manjiro, to the United States on May 7, 1843, but also the anniversary of the May 10, 1869 completion of the first Transcontinental Railroad, built with the back -breaking labor of nearly 20,000 Chinese immigrants. Asian American Pacific Islanders have distinguished themselves as leading researchers in science, medicine, and technology; innovative farmers and ranchers; distinguished lawyers, judges and government leaders; in the arts, literature, and sports; as war heroes who defended our country from fascism; and peacetime healthcare heroes currently on the front lines of the pandemic; and Today more than 20 million Asian American Pacific Islanders live in the United States and through their actions, make America a more vibrant, prosperous, and secure nation. 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 D Fliroca irna bola Description Flir ta:Ja irnatioin Asiain Pacific irTIE)r'iicair: Il lIE)r'iitagE) Ma:air:tlh Page 21 of 946 pro e I CGAM Cation WHEREAS, the month of May was chosen as Asian Pacific American Heritage Month to commemorate the immigration of the first Japanese citizen, Nakahama Manjiro, to the United States on May 7, 1543, but also the anniversary of the May 10, 1569 completion of the first Transcontinental Railroad, built with the back -breaking labor of nearly 20,000 Chinese immigrants; and WHEREAS, we celebrate the achievements and contributions of Asian Americans and Pacific Islanders that enrich our history, society and culture, we must also acknowledge a darker aspect of the AAPI experience in America - structural discrimination, prejudice and injustice that most recently manifested itself in racist attacks on Asian Americans related to the COVID-19 pandemic; and WHEREAS, Asian American Pacific Islanders have distinguished themselves as leading researchers in science, medicine, and technology; innovative farmers and ranchers; distinguished lawyers, judges and government leaders; in the arts, literature, and sports; as war heroes who defended our country from fascism; and peacetime healthcare heroes currently on the front lines of the pandemic; and WHEREAS, today more than 20 million Asian American Pacific Islanders live in the United States and through their actions, make America a more vibrant, prosperous, and secure nation. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of May, Two Thousand and Twenty -Two as: Jisian Pati f ie qqmjzriean fIizritag� 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 17th day of May, Two Thousand and Twenty -Two. Ty Penserga, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Proclaim Friday, June 3, 2022 as National Gun Violence Awareness Day. Wynna Dunmyer of Moms Demand Action for Gun Sense in America will accept the proclamation. Explanation of Request: Moms Demand Action started three groups in Palm Beach County. National Gun Violence Awareness Day started in 2015 and uses the slogan "Wear orange". The color orange has a long and proud history in the gun violence prevention movement, whether it is worn by hunters or activists. Orange expresses our collective hope as a nation for a future free from violence. This proclamation declares the first Friday in June to be National Gun Violence Awareness Day in the City of Boynton Beach to honor and remember all victims and survivors of gun violence and to declare that we as a country must do more to reduce gun violence. 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 Fliroca irna bola Flirtaa Ja irnatioin lNa tioinall (3)LA11: ViC llEsir'1C2,w,-,.irEsir'1E)S > Page 23 of 946 Proclamation WHEREAS, every day, more than 110 Americans are killed by gun violence, alongside more than 200 who are shot and wounded, and on average there are nearly 16,000 gun homicides every year. Americans are 26 times more likely to die by gun homicide than people in other high-income countries; and WHEREAS, gun homicides and assaults are concentrated in cities, with more than half of all firearm related gun deaths in the nation occurring in 127 cities. Cities across the nation, including the City of Boynton Beach, are working to end the senseless violence with evidence -based solutions. Protecting public safety in the communities they serve is mayors' highest responsibility; and WHEREAS, support for the Second Amendment rights of law-abiding citizens goes hand-in-hand with keeping guns away from people with dangerous histories. Mayors and law enforcement officers know their communities best, are the most familiar with local criminal activity and how to address it, and are best positioned to understand how to keep their citizens safe; and WHEREAS, gun violence prevention is more important than ever as the COVID-19 pandemic continues to exacerbate gun violence after more than two years of increased gun sales, increased calls to suicide and domestic violence hotlines, and an increase in city gun violence; WHEREAS, in January 2013, Hadiya Pendleton was tragically shot and killed at age 15; and on June 3, 2022, to recognize the 25th birthday of Hadiya Pendleton (born: June 2,1997), people across the United States will recognize National Gun Violence Awareness Day and wear orange in tribute to her and other victims of gun violence; and WHEREAS, the idea was inspired by a group of Hadiya's friends, who asked their classmates to commemorate her life by wearing orange; they chose this color because hunters wear orange to announce themselves to other hunters when out in the woods and orange is a color that symbolizes the value of human life; and WHEREAS, by wearing orange on June 3, 2022, Americans will raise awareness about gun violence and honor the lives of gun violence victims and survivors. We renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the wrong hands, and encourage responsible gun ownership to help keep our children safe. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 3rd day of June, Two Thousand and Twenty -Two as: Notional bun viol�_'ne�_' 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 17th day of June, Two Thousand and Twenty -Two. Ty Penserga, Mayor ATTEST: Crystal Gibson, MMC, City Clerk 3.H. Requested Action by Commission: Proclaim May 21-27, 2022 as National Safe Boating Week. Flotilla Commander Shari Forman will accept the proclamation. Explanation of Request: For over 100 million Americans, boating continues to be a popular recreational activity. From coast to coast, and everywhere in between, people are taking to the water and enjoying time together boating, sailing, paddling and fishing. During National Safe Boating Week, the U.S. Coast Guard and its federal, state, and local safe boating partners encourage all boaters to explore and enjoy America's beautiful waters responsibly. Safe boating begins with preparation. The Coast Guard estimates that human error accounts for most boating accidents and that life jackets could prevent nearly 86 percent of boating fatalities. Through basic boating safety procedures — carrying lifesaving emergency distress and communications equipment, wearing life jackets, attending safe boating courses, participating in free boat safety checks, and staying sober when navigating — we can help ensure boaters on America's coastal, inland, and offshore waters stay safe throughout the season. National Safe Boating Week is observed to bring attention to important life-saving tips for recreational boaters so that they can have a safer, more fun experience out on the water throughout the year. National Safe Boating Week is observed to bring attention to important life-saving tips for recreational boaters so that they can have a safer, more fun experience out on the water throughout the year. 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: Page 25 of 946 Attachments: Type Flirocbirnatioin Description Na tioinal Saft)Ii:: oatiing VVE�'E)k Page 26 of 946 pro e I CGAM Cation WHEREAS, National Safe Boating Week is observed to bring attention to important life-saving tips for recreational boaters so that they can have a safer, more fun experience out on the water throughout the year; and WHEREAS, on average, 650 people die each year in boating -related accidents in the U.S.; 75 percent of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, the U.S. Coast Guard statistics show that drowning was the reported cause of death in four out of every five recreational boating fatalities in 2020, and that 86 percent of those who drowned were not wearing life jackets; and WHEREAS, Florida has been the leader of Total Number of Accidents from 2016-2020 (Latest Data). NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby support the goals of the Safe Boating Campaign and proclaim May 21-27, 2022 as: National (5-a f z boating VVjzjzk And the start of the year-round effort to promote safe boating. I urge all those who boat to practice safe boating habits and wear a life jacket at all times while boating. 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 17th day of May, Two Thousand and Twenty -Two. Ty Penserga, Mayor ATTEST: Crystal Gibson, MMC City Clerk M Requested Action by Commission: Proclamations requested by Commissioner Cruz to recognize the 10th Annual Hispanic/Latino Studies Summer Institute and the FL Association of Latino Administrators and Superintendents (FL -ALAS) State Conference. Vice Mayor Angela Cruz will accept the proclamations. Explanation of Request: The Office of African, African American, Latino, Holocaust, and Gender studies in the School District of Palm Beach County, will host its 10th Annual Hispanic/Latino Studies Summer Institute on June 2, 2022. It is free and open to the community. For more information, visit https://www.eventbrite.com/e/293190961057. The FL -ALAS State Conference will be June 3-4, 2022. More information about the conference can be found at https://www.flalas.org/registration. 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 D Flira:aa::lla irna tia:air: D Flira:aa::lla irna tia:air: Description Flira:a:::lla irnatioin 1Oth ir:ir:a.a4l 11 lllia: pair:lia::/Il.....a tiir:a:a f: kjidliEss w: LAirnirTIENr Ilir:a:>UkAtE) I.:.lira:aa::lla irnaflioin 1:::::l1........ ll..... S StatE) C01['1fE)irE)1['1 E) Page 28 of 946 pro e I CGAM Cation WHEREAS, In 1995, the State of Florida Legislature enacted the required instruction for students to learn about the study of Hispanic contributions to the United States, and; WHEREAS, The Office of African, African American, Latino, Holocaust, and Gender studies in the School District of Palm Beach County, will host its 101h Annual Hispanic/Latino Studies Summer Institute, and; WHEREAS, The goal of the annual summer institute is to provide professional development to help increase cultural competence among district personnel, and assist in the development of effective and relevant instruction, and; WHEREAS, The institute will help to develop an equitable learning experience for Hispanic/Latino students in The School District of Palm Beach County, which will help to increase their academic achievement, and; WHEREAS, The institute will help to ensure that there is a shared commitment and collective responsibility for the academic success of Hispanic/Latino students, and; WHEREAS, The institute will provide multiple historical and cultural accounts to help enhance understanding of Hispanic/Latino history, ethnicity, culture, identity, and language. The institute will celebrate the culture, contributions, and educational achievements of Hispanic/Latino students. In addition, the institute will help to promote positive, supportive, welcoming, and inclusive school climates for Hispanic/Latino students NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that the School District of Palm Beach County is honored for their achievements in infusing Hispanic contributions to the United States within their curriculum and instruction, and will celebrate this accomplishment at their: 10th ANNUAL HISPANIC LATINO STUDIES SUMMER INSTITUTE IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the day of May, Two Thousand Twenty -Two. Ty Penserga, Mayor ATTEST: Crystal Gibson, MMC City Clerk pro e I CGAM Cation WHEREAS, In 2012, The Florida Association of Latino Administrators and Superintendents (FL -ALAS), was founded and originally known as South Florida ALAS, by a group of Hispanic/Latino educational leaders in Broward, Miami -Dade, and Palm Beach counties, and; WHEREAS, The Florida Association of Latino Administrators and Superintendents saw the need to provide a way for Hispanic/Latino educators to collaborate, and advocate on behalf of Hispanic/Latino educators, students, and families, and; WHEREAS, ALAS not only serves as an acronym for the Association of Latino Administrators and Superintendents, but was intentionally selected as a word in the Spanish language that means wings; generating wings to success for Hispanic/Latino educators and students to reach their dreams, and; WHEREAS, The guiding principle of FL -ALAS is, "We LEAD", which represents their organizational tenets, to Launch, Empower, Advocate, and Deliver educational excellence, and; WHEREAS, FL -ALAS will help to provide leadership that assures every school across the State of Florida effectively serves the educational needs of all students, with a particular emphasis on Hispanic/Latino youth, and; WHEREAS, FL -ALAS will help to build capacity and pathways for leadership, promote best practices, advocate for sound educational policies, and transform educational institutions. FL -ALAS supports the Florida mandate 1003.42(p), the required instruction for students to learn about the study of Hispanic contributions to the United States. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that the Florida Association of Latino Administrators and Superintendents are honored for all their achievements and contributions in advancing equity and equal access to education for all students, with a particular emphasis on Hispanic/Latino youth, and will celebrate this accomplishment at their: 10TH ANNUAL FL -ALAS STATE CONFERENCE IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the day of May, Two Thousand Twenty -Two. Ty Penserga, Mayor ATTEST: Crystal Gibson, MMC City Clerk 3.J. Announcements, Community and Special Events and Presentations 5/17/2022 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 5/17/2022 Requested Action by Commission: The City's a)dernal auditing firm Marcum, LLP has completed the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2021. Attached to this agenda are the final financial statements and reports. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt ttaclhtirTIENI'lt Description 1:::::.)e(s :L.aitliV(s SL.aiiryiiryia iry / RE)p irk C lf::: l: IRE)p itt Page 31 of 946 MA CUM ACCOUNTANTS ADVISORS April 15, 2022 To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Boynton Beach, Florida (the "City") as of and for the fiscal year ended September 30, 2021. We did not audit and report on the City of Boynton Beach Community Redevelopment Agency, a blended component unit of the City, and the City of the Boynton Beach General Employees' Pension Fund, the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, fiduciary funds of the City, which were audited by other auditors. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards, and OMB's Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. Professional standards also require that we communicate to you the following information related to our audit. Our Responsibility under U.S. Generally Accepted Auditing Standards, Government Auditinz Standards, the Uniform Guidance, and Chapter 10.550, Rules of the Auditor General of the State of Florida As stated in our engagement letter dated January 17, 2022, our responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. As part of our audit, we did consider the internal control of the City. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we also performed tests of City's compliance with certain provisions of laws, regulations, contracts, and grants. However, providing an opinion on compliance with those provisions was not an objective of our audit. Our responsibility is to plan and perform the audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement. MARCUM Of?, ak..IIIF' MEMBER Marcum LLP ill, 525 Okeechobee Boulevard ill, Suite 750 ill, West Palm Beach, Florida 33401 ill, Phone 561.653.7300 ill, Fax 561.653.7301Fi ma CIIpIIIq.T1U City of Boynton Beach, Florida April 15, 2022 Page 2 Planned Scope, Timing of the Audit, and Other An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Our audit included obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Material misstatements may result from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. We generally communicate our significant findings at the conclusion of the audit. However, some matters could be communicated sooner, particularly if significant difficulties are encountered during the audit where assistance is needed to overcome the difficulties or if the difficulties may lead to a modified opinion. We also communicate any internal control related matters that are required to be communicated under professional standards. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 — Summary of Significant Accounting Policies to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during fiscal year 2021 except for the implementation of Government Accounting Standards Board (GASB) Statement No. 84, Fiduciary Activities, GASB Statement No. 90, Majority Equity Interests, GASB Statement No. 95, Postponement of the Effective Date of Certain Authoritative Guidance and GASB Statement No. 98, The Annual Comprehensive Financial Report. 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. 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 pension liability/asset and related deferred inflows/outflows in accordance with GASB Statement No. 68, Accounting and Financial Reporting for Pensions -an amendment of GASB Statement No. 27 is based on actuarial methods and assumptions used by the actuaries for the development of funding valuation as well as the accounting valuation for the General Employees' Pension Fund, the Police Officers' Pension Plan, and the Page 33 of 946 City of Boynton Beach, Florida April 15, 2022 Page 3 Firefighters' Pension Plan. The key factors impacting the assumptions, such as change in market conditions, are subject to change on an annual basis and therefore can have a significant impact on this estimate. We evaluated the key factors and assumptions used to develop the estimate described above, in determining that they are reasonable. Management's estimate of the Total OPEB Liability in accordance with GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, is based on actuarial methods and assumptions used by the actuary for the development of the actuarially determined liability. The key factors impacting the assumptions, such as the discount rate and health rate assumptions, are subject to change on an annual basis and therefore can have a significant impact on this estimate. We evaluated the key factors and assumptions used to develop the estimate described above, in determining that it is reasonable. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the financial statements were: The disclosures related to commitments and contingencies in Note 4-13 to the financial statements. The disclosures related to the City's other postemployment benefits (OPEB) plan in Note 4-C to the financial statements. The disclosures related to the City's employee retirement plans in Note 4-1) to the financial statements. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit's financial statements taken as a whole. The attached schedule summarizes the misstatements of the financial statements which the City did not record. Management has determined that its effect is immaterial to the financial statements taken as a whole. Page 34 of 946 City of Boynton Beach, Florida April 15, 2022 Page 4 Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated April 15, 2022. 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 auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as 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 We applied certain limited procedures to management's discussion and analysis, the Pension Information Schedules, and the Other Postemployment Benefits Information, which are required supplementary information (RSI) that supplements the 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 financial statements, and other knowledge we obtained during our audit of the financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. We were engaged to report on the combining and individual fund financial statements, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing the information has not changed from the prior period, and the information is appropriate and Page 35 of 946 City of Boynton Beach, Florida April 15, 2022 Page 5 complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. Our responsibility for this supplementary information, as described by professional standards, is to evaluate the presentation of the supplementary information in relation to the financial statements as a whole and to report on whether the supplementary information is fairly stated, in all material respects, in relation to the financial statements as a whole. Restriction on Use This information is intended solely for the information and use of the Honorable Mayor, City Commission, and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, `9� LCP Marcum LLP Page 36 of 946 Client: 244881- City of Boynton Beach, Florida Engagement: 10555542 - 2021 Boynton Beach Audit Period Ending: 913012021 Trial Balance: 02.01a - Trial Balances - Long -Term Workpaper: 07C.02 - Proposed Journal Entries Report - GLTD and GFAAG Account Description W/P Ref Proposed Journal Entries Proposed Journal Entries JE # 5 To adjust for the net effect of the FRS and HIS pension balances as of FYE 9-30-2021. 951-0000-170.10.00 Deferred Outflows FRS 951-0000-181.96.00 Amount to be Provided - FRS 951-0000-239.00.00 Deferred Inflows - FRS 951-0000-339.95.00 Net Pension Liability - FRS 951-2910-572.22.10X GASB 68 Pension Expense Adjustment FRS Total Total Proposed Journal Entries Total All Journal Entries 0106.02 4/15/2022 2:31 PM Debit Credit 96,999.00 485,724.00 389,177.00 121,751.00 71,795.00 582,723.00 582,723.00 aoc, 1 ca.vv aoc, I ca.vv 582,723.00 582,723.00 1 of 1 Page 37 of 946 �,; \� \ \� �\ \� \\ � � � + � .<� . . �� � .. }� (\ � \\ \� .\ \� \� .\ � \� �/. . ^\ 7 2<f£\ e<*r: ,/f � * 2 »«*y< d�}� /�� }\ � � (\�� \ � (: � � ,� /�� > � \ � (� }� �i \� f « ?�ZI ?�f 2 < +«; \}f \ f :, a.: Page 39 of 946 FOR THE FISCAL YEAR ENDEN SEPTEMBER i i i 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 FrederiksenMara Director Page 40 of 946 Page 41 of 946 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Introductory Section TransmittalLetter.............................................................................................................................. i -viii Electedand Appointed Officials............................................................................................................ ix OrganizationalChart ............................................................................................................................... x Mapof the City of Boynton Beach........................................................................................................xi Certificate of Achievement for Excellence in Financial Reporting......................................................xii Financial Statements IndependentAuditors' Report .............................................................................................................. 1-3 Management's Discussion and Analysis (Required Supplementary Information)............................4-13 Basic Financial Statements Government -wide Financial Statements Statementof Net Position............................................................................................................... 14 Statementof Activities....................................................................................................................15 Fund Financial Statements Governmental Funds: BalanceSheet...............................................................................................................................16 Reconciliation of the Fund Balance of Governmental Funds to the Statement of Net Position of Governmental Activities.............................................................17 Statement of Revenues, Expenditures, and Changes in Fund Balance........................................18 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities of Governmental Activities....................................................................19 General Fund Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual........................................................................ 20 Boynton Beach CRA Special Revenue Fund Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual .......................................... 21 Proprietary Funds: Statement of Net Position.......................................................................................................22-23 Statement of Revenues, Expenses, and Changes in Net Position ................................................ 24 Reconciliation of the Total Enterprise Funds to the Government -wide Statements of Business -type Activities.......................................................25 Statement of Cash Flows........................................................................................................26-27 Fiduciary Funds (Pension Trust Funds Statement of Fiduciary Net Position............................................................................................ 28 Statement of Changes in Fiduciary Net Position......................................................................... 29 Notes to the Financial Statements...............................................................................................30-110 Required Supplementary Information Pension Information Schedules of Changes in the Net Pension Liability (Asset) and Related Ratios ......................111-113 Schedules of City Contributions......................................................................................................114 Notes to Schedules of City Contributions.................................................................................115-116 Schedules of Investment Returns.....................................................................................................117 Other Postemployment Benefits Information Schedule of Changes in the Total OPEB Liability and Related Ratios ..........................................118 Page 42 of 946 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Combining and Individual Fund Financial Statements Major Governmental Funds BalanceSheets................................................................................................................................. 119 Statements of Revenues, Expenditures, and Changes in Fund Balances.........................................120 General Fund BalanceSheet................................................................................................................................121 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................122 Boynton Beach CRA Special Revenue Fund BalanceSheet................................................................................................................................123 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................124 American Rescue Fund BalanceSheet................................................................................................................................125 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................126 Major Enterprise Funds Statements of Net Position............................................................................................................ 127 Statements of Revenues, Expenses, and Changes in Net Position ...............................................128 Statementsof Cash Flows.............................................................................................................129 Water & Sewer Fund Statement of Net Position............................................................................................................. 130 Statement of Revenues, Expenses, and Changes in Net Position .................................................131 Statementof Cash Flows..............................................................................................................132 Sanitation Fund Statement of Net Position............................................................................................................. 133 Statement of Revenues, Expenses, and Changes in Net Position .................................................134 Statementof Cash Flows..............................................................................................................135 Non -Major Governmental Funds Combining Balance Sheet.........................................................................................................136-139 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances ................140-143 Grants Fund BalanceSheet................................................................................................................................144 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................145 FEMA Hurricane Fund BalanceSheet................................................................................................................................146 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................147 SHIP Grant Fund BalanceSheet................................................................................................................................148 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................149 Page 43 of 946 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Combining and Individual Fund Financial Statements (continued) Non -Major Governmental Funds (continued) CDBG Grant Fund BalanceSheet................................................................................................................................150 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) ..........................151 Traffic Safety Fund BalanceSheet................................................................................................................................152 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................153 Local Option Gas Tax Fund BalanceSheet................................................................................................................................154 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................155 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual .......156 Community Improvements Fund BalanceSheet................................................................................................................................157 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) ..........................158 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) — Budgetand Actual...................................................................................................................... 159 Green Building Fund BalanceSheet................................................................................................................................160 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................161 Public Art Fund BalanceSheet................................................................................................................................162 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) ..........................163 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) — Budgetand Actual...................................................................................................................... 164 Recreation Program Fund BalanceSheet................................................................................................................................165 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................166 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual .......167 Boynton Beach Memorial Park Fund BalanceSheet................................................................................................................................168 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................169 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual .......170 Community Services Fund BalanceSheet................................................................................................................................171 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................172 Page 44 of 946 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Combining and Individual Fund Financial Statements (continued) Non-Maior Governmental Funds (continued Building Fund BalanceSheet................................................................................................................................173 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................174 Public Service Tax Debt Service Fund BalanceSheet................................................................................................................................175 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................176 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual .......177 Boynton Beach CRA Debt Service Fund BalanceSheet................................................................................................................................178 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................179 General Capital Improvements Fund BalanceSheet................................................................................................................................180 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................181 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual .......182 Parks & Recreational Facilities Fund BalanceSheet................................................................................................................................183 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................184 Boynton Beach CRA Bond Projects Fund BalanceSheet................................................................................................................................185 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................186 Local Government Surtax Improvement Fund BalanceSheet................................................................................................................................187 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................188 Non-Maior Entemrise Fund Golf Course Fund Statement of Net Position............................................................................................................. 189 Statement of Revenues, Expenses, and Changes in Net Position .................................................190 Statementof Cash Flows..............................................................................................................191 Internal Service Funds Combining Statement of Net Position.............................................................................................192 Combining Statement of Revenues, Expenses, and Changes in Net Position .................................193 Combining Statement of Cash Flows..............................................................................................194 Page 45 of 946 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Combining and Individual Fund Financial Statements (continued) Internal Service Funds (continued) Vehicle Service Fund Statement of Net Position............................................................................................................. 195 Statement of Revenues, Expenses, and Changes in Net Position .................................................196 Statementof Cash Flows..............................................................................................................197 Warehouse Fund Statement of Net Position............................................................................................................. 198 Statement of Revenues, Expenses, and Changes in Net Position .................................................199 Statementof Cash Flows..............................................................................................................200 Self Insurance Fund Statement of Net Position............................................................................................................. 201 Statement of Revenues, Expenses, and Changes in Net Position ................................................. 202 Statementof Cash Flows..............................................................................................................203 Pension Trust Funds Combining Statement of Fiduciary Net Position.............................................................................204 Combining Statement of Changes in Fiduciary Net Position.......................................................... 205 General Employees' Pension Fund Statement of Fiduciary Net Position.............................................................................................206 Statement of Changes in Fiduciary Net Position.......................................................................... 207 Police Officers' Pension Fund Statement of Fiduciary Net Position.............................................................................................208 Statement of Changes in Fiduciary Net Position.......................................................................... 209 Firefighters' Pension Fund Statement of Fiduciary Net Position.............................................................................................210 Statement of Changes in Fiduciary Net Position.......................................................................... 211 Statistical Section Financial Trends Government -wide Net Position by Component...... Government -wide Changes in Net Position ............ Governmental Activities Tax Revenues by Source Fund Balance of Governmental Funds ................... Changes in Fund Balance of Governmental Funds. ................................................................... 212 ............................................................213-214 ................................................................... 215 ................................................................... 216 ................................................................... 217 Page 46 of 946 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Statistical Section (continued) Revenue Capacity Assessed Value and Estimated Actual Value of Taxable Property Property Tax Rates — Direct and Overlapping Governments ......... Ten Principal Property Taxpayers .................................................. Property Tax Levies and Collections .............................................. Debt Capacity Ratios of Outstanding Debt by Type .............................................. Ratios of General Bonded Debt Outstanding .................................. Direct and Overlapping Governmental Activities Debt .................. Legal Debt Margin Information...................................................... Pledged Revenue Coverage — Water & Sewer Bonds .................... Pledged Revenue Coverage — Public Service Tax Bonds ............... ............................................ 218 ............................................ 219 ............................................ 220 ............................................ 221 ............................................ 222 ............................................ 223 ............................................ 224 ............................................ 225 ............................................ 226 ............................................ 227 Demographics and Economic Information Demographic and Economic Statistics............................................................................................ 228 PrincipalEmployers.........................................................................................................................229 Operating Information Full -Time Equivalent City Government Employees by Function ................................................... 230 Operating Indicators by Function/Program..................................................................................... 231 Capital Asset Statistics by Function/Program..................................................................................232 Reporting Section Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards .......................233-234 Independent Auditors' Report on Compliance for Each Major Federal Program and on Internal Control Over Compliance Required by the Uniform Guidance ......................235-236 Schedule of Expenditures of Federal Awards..............................................................................237-238 Notes to Schedule of Expenditures of Federal Awards...................................................................... 239 Schedule of Findings and Questioned Costs — Federal Award Programs ...................................240-241 Management Letter Required by the Rules of the Auditor General for the State of Florida....... 242-244 Independent Accountants' Report on Compliance Pursuant to Section 218.415 FloridaStatutes................................................................................................................................245 Affidavit, F.S. Section 163.31801, Impact Fees.................................................................................246 Page 47 of 946 INTRODUCTORY SECTION Page 48 of 946 Page 49 of 946 The City of Boynton Beach, Florida 100 E Ocean Ave Boynton Beach, Florida 33435 Telephone: (561) 742-6310 Internet. www.boynton-beach.org April 15, 2022 To The honorable Mayor, Members of the City Commission, and Citizens of Boynton Beach, Florida The Financial Services Department is pleased to submit the Annual Comprehensive Financial Report (ACFR) of the City of Boynton Beach, Florida for the Fiscal Year ended September 30, 2021. The report fulfills the requirements set forth in Chapter 218.39 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, Marcum LLP, Certified Public Accountants, have issued an unmodified ("clean") opinion on the City of Boynton Beach's financial statements for the year ended September 30, 2021. The auditor's report is located at the front of the Financial Section of this report. Management's Discussion and Analysis (MD&A) immediately follows the independent auditor's report and provides a narrative, overview and analyses of the basic financial statements. MD&A complements this transmittal letter and we suggest reading it to obtain an introduction to the financial statements. The role of this Annual Comprehensive Financial Report is to assist the City in making sound financial and budgetary decisions to assist in assessing accountability to the City Commission, citizen's bondholders and management by: • Comparing actual financial results with the legally adopted budget, where appropriate; • Assessing financial condition and results of operations • Assisting in determining compliance with finance related laws, rules and regulations; and • Assisting in evaluating the efficiency and effectiveness of City operations. Page 50 of 946 PROFILE OF THE CITY OF BOYNTON BEACH Boynton Beach, Florida's Gateway to the Gulfstream is a coastal city located in southern Palm Beach County. Major Nathan S. Boynton, a native of Port Huron, Michigan founded the City. In 1895, Major Boynton enlisted several workers from his native Michigan to move their families to Boynton Beach. With other settlers, the early years of our city were spent building a town, raising vegetables to supply their needs as well as the guest of the new Boynton Beach Hotel. Due to its location and year-round tropical climate, Boynton Beach today possesses many natural assets that set the stage for numerous leisure, recreation and active lifestyle pursuits. The City of Boynton Beach invests a great deal of resources to ensure that residents and visitors have access to its 253 acres of municipal parks, beach and natural conservation lands. The City, incorporated in 1920, derives its governmental authority from a charter granted by the Legislature of the State of Florida. The City operates under a Commission/Manager form of government. Four Commissioners are elected by distract for a three-year term. A Mayor is elected at large on a non- partisan basis for a three-year term. The City Commission appoints the City Manager who is the Chief Administrative Officers of the City and directs the business of the City and its various departments. The City Commission determines policy, adopts legislation, approves the City's budget, sets taxes and fees and appoints the City Attorney and members of the various boards. The City operates 8 recreation centers, 29 parks, a swimming pool, a municipal beach, and many youth, teen, adult and senior programs. Various facilities offer over 200 recreational programs, classes and events for all ages — from toddlers to seniors. Supplementing its recreational indoor facilities are tennis and basketball courts, playgrounds, fitness centers and a pool. Additionally, one of the four Boynton Beach ocean inlet provides public boat ramps, paddle boating and kayak rentals. In addition, the City operates a municipal golf course, which features both an 18 -hole Championship Course and 9 -hole Family Course (pictured to the left). It also operates a state-of-the- art library. Boynton Beach has one of two working full-service marinas in Palm Beach County. Owned and operated by the Boynton Beach Community Redevelopment Agency (CRA), the Boynton Harbor Marina offers fishing and scuba diving charters, Jet Ski and boat rentals and an eclectic collection of waterfront restaurants. Art and culture are embraced by the City, which houses more than 48 works of art in public places. Boynton Beach produces the world-famous International Kinetic Art Exhibit and Symposium (art sample pictured to the right) on a biennial basis and supports the Boynton Beach Art District's (BBAD) many events, including monthly art walks. In addition, the City is home to popular annual and ongoing events, including Pirate Fest, Movies and concerts at the new amphitheater, St. Patrick's Day Celebration, Earth Day, Holiday Parade, Boat Parade and 4th of July Fireworks over the Intracoastal Waterway. There are four public elementary schools in Boynton Beach, including a gifted center; a S.T.E.M curriculum -based school that has been awarded Best Elementary School in the nation for the past two years; an International Baccalaureate (IB) school. Its middle school is a Math, Science and Technology Magnet and provides an aerospace science, dance, theatre, vocal, culinary arts, early childhood and I.T.S. academies, as well as an aviation maintenance technician school. Supplementing the public schools are five private schools, five charter schools and several pre-schools. There are 12 post- secondary institutions within 67 miles of Boynton Beach, including Florida Atlantic University, Florida Page 51 of 946 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 place making 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. Top 6 Priorities for the City: • Culturally Distinct Downtown: Create a city center as a cultural district for business and entertainment to serve as the foundation that connect 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 high quality of life. • Environmental Sustainability: Beautify and maintain green space and natural areas; enhance industrial, commercial and residential land. in Page 52 of 946 Strategic Projects beginning Fiscal Year 2020-2021 • Social and Racial Equity Initiative — Cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. • Neighborhood Services Resource Directory - Strengthen resource access to the City's underserved populations by maintaining a database of links that connect residents with resources, supporting relationships, and partnerships. • Economic Development Plan: - Build an equitable economy that will grow family -wage careers, advance opportunities for prosperity, collaborate with partners for an equitable city, and create vibrant neighborhoods and communities. • Performance Management Initiative - Create responsive, accountable, and cost-effective government programs and services that lead to Performance Excellence. The City of Boynton Beach's short and long-term successes and competitive environment are key strategic issues addressed in the Adopted Budget. Each City department is aligned to one or more of the six priorities with goals and specific objectives to be achieved. Department Directors are accountable for meeting these stated goals and objectives while still operating within their approved Operating and Capital Budgets. Highlights of FY 2020-2021 Employee Based Priorities For Fiscal Year 2020-21, the Commission approved funding for employee raises of 2%. Over the past four fiscal years, the City Commission and the City Manager has consistently offered adjustment to salary pay ranges or hourly salary increases to its employees. These salary adjustments range from 2% to 4% and are consistent with annual inflation rates. The City continues to fund its employees' Health Savings Account (HSA), except those affiliated with the Police Benevolent Association. The City will contribute $750 to the HSA of each full-time employee, at an annual average cost of $793,500. Additionally, the City provided employees with an "Insurance Stipend" to offset family premium rates. These health savings benefits coincide with the Boynton Beach employee Wellness Program that the City is aggressively promoting to mitigate insurance cost. The City of Boynton Beach has established a tuition reimbursement program for employees who are full time, non -probationary, unrepresented (General) employees and full-time, non -probationary employees covered under the SEIU Blue Collar or White -Collar Collective Bargaining Agreement. For FY 2020- 2021, the City established a budget of $25,000 along with partnering with Palm Beach College for an on- site Organizational Leadership Bachelor's Program. Short -Term City Based Priorities Enterprise Resource Planning (ERP) system which 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 better customer experience and improve internal processes. IV Page 53 of 946 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 awarded to Entrepreneurs and Business Incubators to focus on the empowerment of women, youth technology and enterprise development. The City expects to 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. Over the past year, the City's Marketing & Events Department prioritized the activation of Downtown Boynton. Central to Downtown Boynton are the newly built four-story City Hall/Library, Arts & Cultural Center and Centennial Park and Amphitheater, which collectively have helped to transform the area. A Strategic project of the City's Marketing and Events Department is to invigorate Downtown's vibrant culture by creating inclusive activities that support local businesses and celebrate our diverse community, including First Friday (� 5 concerts and Friday Flicks outdoor movies. The community response has been enthusiastic, with attendees of all ages and demographics coming together to enjoy a variety of food trucks, children's activities and more. In addition to hosting City sponsored events, the Amphitheater is now available for rent, which will generate rental income for the City while providing an opportunity for the public to host live concerts and performances, ensuring Downtown Boynton becomes an entertainment destination year-round. The City is ensuring an inclusive and cultural identity and has implemented a Citywide Comprehensive Branding thru our Marketing/Communication department. v Page 54 of 946 Long Term Priorities/Financial Plans The City has embarked on a long-term comprehensive strategy, in partnership with Florida International University, to address racial and social equity. The strategy consists of an internal organizational review of the City's internal systems, policies, and processes to establish the capacity to assess, implement, and monitor a social and racial equity strategy and foster a culture of diversity and inclusion, and an external community needs assessment that will provide the analytical framework and community engagement to develop research findings and present recommended action/policy items to the City Commission. The external community assessment will develop a baseline evidence -based understanding of the community characteristics and trajectory with indicators that can be used to develop a social equity index that reflects current conditions and allows for monitoring of changes and progress in the future. This long-term investment demonstrates a commitment to inclusion and building equity within all communities in Boynton Beach. As part of our Building Wealth in the Community Strategic Plan Priority, the City has invested in the development of a comprehensive Economic Development Plan that will guide the City's economic development priorities and create a "plan of action" based on current and projected economic, industry, and real estate trends; align policy and investments to maximize City assets; and evaluate current assets and chart a course towards a sustainable and equitable economy that will grow jobs and careers, advance opportunities for prosperity, and create vibrant neighborhoods and communities. According to newly released 2020 Census data, the City of Boynton Beach is experiencing economic and population growth. With this rapid increase in economic and population growth comes rapidly increasing housing costs and transportation needs. As part of the City's Strategic Plan, the City undertook a Housing Needs and Solutions Assessment to assess the current state of the Boynton Beach housing market, estimate the City's future housing needs, and provide strategic guidance for solutions that would address the affordability crisis. The report will include a Market Analysis comprising data on attached and detached housing demand/pricing, housing and vacant lot inventory, rental activity based on current and expected markets, demographic and economic trends; a Housing Cost Burden Analysis for extremely low, very low, and low-income households, estimates of workforce housing demand and affordability gaps based on incomes and housing prices; and policy review and recommendations, including examples of solutions for attainable housing from other cities throughout the country. Transportation and Mobility is a priority that our City Commission identified in our Strategic Plan. The City has begun the process of developing and implementing a comprehensive citywide mobility plan. The Complete Streets Mobility Plan's long-term goal is to address the growing need and desire for a balanced transportation network that adequately accommodates all modes of transportation to improve safety and comfort for people walking, biking, driving, and using transit. The objective of the Mobility Plan is to encourage pedestrian walkability and bicycling to create a healthier and more sustainable community. This aligns with the City Commission's Vision Zero policy to eliminate traffic fatalities and severe injuries among all road users, and to ensure safe, healthy, and equitable mobility for all. The plan will also address traffic congestion, improve local multimodal circulation, adopt new transportation technologies, and implement a new Mobility Fee structure for development projects. Mobility Fees can be used for costs associated with adding new multimodal capacity, including sidewalks, trails, bike lanes, streetscape and landscape, microtransit (i.e. golf carts, neighborhood electric vehicles, autonomous transit shuttles etc.), and other mobility options to provide a variety of choices for personal mobility. The City is working to integrate the Strategic Priority of Environmental Sustainability into all government planning and operations. The 2020 Climate Action Plan established targets of reducing greenhouse gas (GHG) emissions 50% below 2015 levels by 2035 and achieving net zero emissions by 2050, and the City continues to track progress toward these goals through annual inventories of government and community - Vi Page 55 of 946 wide emissions. Boynton Beach recently joined the Cities Race to Zero, a global campaign to accelerate GHG reductions, and is developing targets for high -impact actions such as renewable energy, electric vehicle adoption, and building efficiency. The City also completed a climate change vulnerability assessment (CCVA) in July 2021, which incorporated sea level rise projections for 2040 and 2070, and is working to develop a climate adaptation and resilience plan following the CCVA recommendations. The Sustainability and Engineering Departments are collaborating to align future capital projects with state and federal funding sources for resilient infrastructure, with a focus on social vulnerability to ensure these investments are equitably distributed. The City is looking to implement targeted strategies to engage frontline communities that are most vulnerable to climate impacts. 20-21 Achievements Florida Atlantic University (FAU) Tech Runway has leased space on the first floor of City Hall to establish a business incubator to support entrepreneurs and start-ups in Boynton Beach. FAU Tech Runway provides entrepreneurs with a complete ecosystem in which to train, mentor, fund, and scale their companies from ideation to the early revenue stage. They will provide for the creation, development, and operation of an economic development hub within City Hall to incubate startup companies and train local small businesses. The City provided a $50,000 grant to FAU Tech Runway to expand its services within the City, provide support and resources to local entrepreneurs and startups, and bring awareness to the City of Boynton Beach's economic development efforts. In partnership with Florida International University, the City launched a Racial and Social Equity Initiative to assess both the City's internal organization and the external community. The Internal Assessment will examine the City's internal systems, policies, and processes to establish a social and racial equity strategy and foster a culture of diversity and inclusion. The external Community Assessment will develop key findings and recommend action/policy items in five interconnected equity pillars: Economic Development, Education, Housing, Criminal Justice and Safety, and Public Health. We believe authentic community engagement is the heart of equity -focused policy. The City invested $125,000 in the external Community Assessment and $163,800 for the Internal Assessment. The City completed a climate change vulnerability assessment (CCVA) in partnership with six neighboring municipalities and Palm Beach County as the Coastal Resilience Partnership of Southeast Palm Beach County (CRP). The CCVA includes detailed spatiotemporal analyses of vulnerabilities and risks associated with three types of flooding—rainfall-induced flooding, storm surge, and tidal flooding including projections for sea level rise in the years 2040 and 2070. The CCVA also assessed non -flooding climate threats (high winds, extreme heat, drought, etc.) using spatial and/or narrative analyses. Vulnerabilities and risks were assessed for residential and commercial properties, critical facilities and government buildings, water infrastructure, roads and transportation facilities, natural resources, economic factors, and people/socioeconomics. The "AccelAdapt" web platform provides City staff access to the assessment data at the Census tract and parcel scales to support the integration of CCVA results in City planning and operations. The City's Office of Sustainability contracted with Community Greening to plant 590 trees on public land, and give away 297 trees to City residents for a total of 887 trees planted in FY20/21. Other Sustainability achievements in FY20/21 include the distribution of 62 Energy Edge Rebates totaling $51,800, distribution of 36 rain barrels through the water conservation program, passage of the Polystyrene Foam Waste Reduction Ordinance and launch of the Pass On Plastics Pledge, participation in the second Palm Beach County Solar Co-op, increase to 8 restaurants in the Green Vii Page 56 of 946 Business Recognition Program, and installation of two dual electric car chargers at City Hall and Kapok Park through a partnership with Florida Power & Light. As part of the City's Flood Mitigation Plan, the Utilities, Development and Public Works Engineering Departments annually prioritize drainage improvement needs and requests for projects to be included in the City's CIP Program funding. The City was awarded $83,250 for Hazard Mitigation from the Florida Division of Emergency Management to reduce flooding in Lakeside Gardens neighborhoods. This project is part of the City's continued efforts to comply with the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). Seeking CRS classification improvements within the capabilities of City programs, adopting and administering Federal Emergency Management Agency (FEMA) approved ordinances and Flood Insurance Rate Maps (FIRMS) enhances the City's flood mitigation efforts while securing insurance premium rewards for its residents and businesses. As a result, beginning in April 2022 flood policy holders will now receive up to a 25% discount on their flood insurance premiums resulting in an estimated $424,000 in discounts for flood insurance premiums in the City. ACKNOWLEDGEMENTS The preparation and issuance of this report represents countless hours of work. I thank the many individuals of the Financial Services Department along with the Deputy Finance Director, Corinne Elliott who are responsible for maintaining financial records upon which we base this report for its completion. I also take this opportunity to thank you, the Executive Team and the Commission of Boynton Beach for the vital role you play in enabling the City to achieve and maintain this high degree of fiscal responsibility. Respectfully submitted, Mara Frederiksen Director of Financial Services Page 57 of 946 Elected and Appointed Officials September 30, 2021 Elected Officials Mayor Steven B. Grant District 1 District 2 Commissioner Commissioner Justin Katz Woodrow Hay District 3 Vice -Mayor Christina Romelus Appointed Officials Lori LaVerriere, City Manager District 4 Commissioner Ty Penserga James Cherof City Attorney Kathryn Matos Assistant City Manager -Administrative Svcs Andrew Mack Assistant City Manager -Public Services Crystal Gibson City Clerk James Stables Fire Chief Michael Gregory Police Chief Adam Temple Director of Development Services Mario Guzman Director of Public Works Carisse LeJeune Interim Utility Director Julie Oldbury Director of Human Resources Mara Frederiksen Director of Financial Services Ix Page 58 of 946 Advisory Boards Marketing and Public Information Director �o Assistant City Manager Public Services Utilities ....14125_. Development 311 Public Work; Sanitation, Fleet,and Engineering 1 PJ 40 Recreation and Parks 6179 The Links at Boynton Beach 21 0 Assistant City Manager Administrative Services City Clerk 60..... Information Technology Services 1475 Library 275 Art in Public Places 1S Human Resources& ChiefofPolice Risk Management Director 219-0 10 o .... ........ Financial conomic Grants Services DeEvelopment 1.o 205 20 Fire Chief 1470 Community Standard .........220__. x Page 59 of 946 cit of Boynton][leach Comm, ss i i Page'tO of 946 Government Finance Off Icers Association Certit"kate of' Achievement for Excellence in Financial IIS City of Boynton Beach Florida For its Aruitial Comprehensive Financial Report For the Fl al Year Ended September 30. 2020 Executive Director, CE0 Xii Page 61 of 946 FINANCIAL SECTION Page 62 of 946 Page 63 of 946 INDEPENDENT AUDITORS' REPORT Page 64 of 946 MA CUM ACCOUNTANTS ADVISORS INDEPENDENT AUDITORS' REPORT To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida Report on the Financial Statements 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 ("the "City"), as of and for the year ended September 30, 2021, 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 accounting principles generally accepted in the United States of America; 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. Auditors' 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 13%, 36%, and 12%, respectively, of the assets and deferred outflows of resources, net position, and revenues of the governmental activities of the City. We also did not audit the financial statements of the City of Boynton Beach General Employees' Pension Fund, the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, fiduciary funds of the City, which combined with the non -major governmental funds of the CRA, collectively represent 94%, 96%, and 78%, 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 auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. MARCUM Of?, ak..IIIF' MEMBER Marcum LLP ill, 525 Okeechobee Boulevard ill, Suite 750 ill, West Palm Beach, Florida 33401 ill, Phone 561.653.7300 ill, Fax 561.653.7301, {gIICqIU age An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, based on our audit and the reports of other auditors, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, each major fund and the aggregate remaining fund information of the City, as of September 30, 2021, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America and the respective budgetary comparison for the General Fund and the Boynton Beach CRA Special Revenue Fund. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that management's discussion and analysis on pages 4 through 13 and the pension information and other postemployment benefits information on pages I I I through 118, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with U.S. generally accepted auditing standards, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's, basic financial statements. The introductory section, combining and individual fund financial statements, and the statistical section listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The schedule of expenditures of federal awards is presented for purposes of additional analysis as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and is also not a required part of the basic financial statements. 2 Page 66 of 946 The combining and individual fund financial statements and the schedule of expenditures of federal awards 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. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America 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. Other Matter — 2020 Summarized Comparative Information The financial statements of the City as of and for the fiscal year ended September 30, 2020, were audited by predecessor auditors whose report dated March 12, 2021 expressed an unmodified opinion. The summarized information presented herein as of and for the fiscal year ended September 30, 2020 was derived from the 2020 financial statements. The 2020 individual major and nonmajor fund financial statements are presented for purposes of additional analysis and are not a required part of the 2021 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 2020 basic financial statements. The 2020 financial statements of the Boynton Beach Community Redevelopment Agency, General Employees' Pension Fund, Police Officers' Pension Fund, and Firefighters' Pension Fund, were audited by other auditors and that information is based solely on the reports of the other auditors. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated April 15, 2022, on our consideration of the City's internal control over financial reporting, and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance. py'a4za"'I'Ll.? West Palm Beach, Florida April 15, 2022 3 Page 67 of 946 Page 68 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) Page 69 of 946 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, 2021 organized under the following topics: • Financial highlights (Page 4), • Discussion of the basic financial statements (Pages 4 to 7), • Government -wide overall financial analysis (Pages 7 to 10), • Discussion of major funds (Pages 11 to 12), • Summary of General Fund budgetary results, (Pages 12), • Review of capital assets and debt administration (Pages 12 to 13), and • Future budgetary outlook (Page 13). FINANCIAL HIGHLIGHTS • The City's net position at September 30, 2021 totals $236,625,682 representing a $27,485,080 increase from the net position at September 30, 2020. For 2021, approximately 69% of the net position is attributable to business - type activities (primarily our Water and Sewer System). For 2020, approximately 76% of the net position was attributable to our business -type activities. The City's 2021 net position is summarized as follows: o $232,803,414 is the net investment in capital assets, o $20,763,520 is restricted for public safety, grant programs, debt service, capital projects and other purposes, o $16,941,252 is an unrestricted net deficit. • The City's total fund balances (available financial resources) of all governmental funds at September 30, 2021 were $52,722,678 in comparison with $52,971,193 in the prior year. The 2021 fund balances of individual governmental fund types are: o $15,874,032 -General Fund o $14,265,409 -Special Revenue Funds (restricted, committed, assigned or unassigned for specific purposes) o $ 6,212,255 -Debt Service Funds (accumulated to repay principal and interest on outstanding debt) o $16,370,982 -Capital Project Funds (committed or assigned for capital improvements) • The General Fund includes $10,239,669 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 $35,888 representing nonspendable prepaid items and $8,750 assigned to the 2021/2022 budget, the remaining $5,589,725 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 5.8% of total General Fund 2021 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 0 Page 70 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) These statements consolidate all the City's governmental and proprietary funds similar to those of a private -sector business, but exclude pension funds held in trust for others since these funds cannot be used for the City's programs. The pension funds are included in the fund financial statements since the City is accountable for those resources. The Statement of Net Position presents information on all of the City's assets owned, plus deferred outflows and liabilities owed plus deferred inflows, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or weakening. The Statement of Activities presents information showing how the City's net position changed during the most recent fiscal year. The City reports all changes in net position as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, some revenues and expenses reported in this statement will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both of the government -wide financial statements distinguish between functions of the City that are either: • Governmental Activities —principally supported by taxes and intergovernmental (grant) revenues or, • Business -type Activities — intended to recover all or a major part of their costs through user fees and charges. The governmental activities of the City include general government activities, public safety, physical environment, economic environment, and culture and recreational programs. The business -type activities of the City primarily include water and sewer, sanitation, and recreational (golf course) facilities. Both government -wide financial statements include not only the City itself, but also a legally separate entity, the Boynton Beach Community Redevelopment Agency (the "CRA"), that is a component unit for which the City is financially accountable. The City reports the financial information for the CRA within the governmental funds and activities of the City. See Note 1 of the Notes to the Financial Statements for additional information on the CRA. The government -wide financial statements can be found on pages 14 through 15 of this report. Fund Financial Statements - A fund is a grouping of related accounts established to maintain control over resources segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. The City groups its funds into three categories: • Governmental Funds • Proprietary Funds, and • Fiduciary (Pension) Funds. Governmental Funds account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on: • Near-term inflows and outflows of spendable financial resources. • Balances of spendable financial resources available at the end of the fiscal year. Such information may be useful in evaluating the City's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impact of the government's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. 5 Page 71 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) The City maintains a number of individual governmental funds. Financial information is presented separately for each "major fund" of the City in a Balance Sheet and a Statement of Revenues, Expenditures, and Changes in Fund Balance. The City's major governmental funds are: • General Fund • Boynton Beach Community Redevelopment Agency (CRA) Special Revenue Fund • American Rescue Fund Financial information for the remaining "non -major" funds is combined into a single, aggregated presentation. Individual fund data for each of the non -major governmental funds is provided in the form of combining statements in the Combining and Individual Fund Financial Statements section of this report. The City adopts an annual appropriated budget for certain governmental funds. A budgetary comparison statement has been provided for the General Fund, Boynton Beach CRA Special Revenue Fund and other budgeted funds to demonstrate compliance with the adopted budget. The basic governmental fund financial statements can be found on pages 16 through 21 of this report. Proprietary Funds include enterprise funds and internal service funds providing the same type of information as the government -wide financial statements, only in more detail. Enterprise funds account for business -type activities that charge fees to customers for the use of specific goods or services. The basis of accounting of the financial statements is similar to the basis used to prepare the government -wide financial statements. The City uses enterprise funds to account for its water, wastewater and stormwater utility system, sanitation operations, and municipal golf course. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City's various functions that serve only City departments. The City uses internal service funds to account for its fleet of vehicles, its self-insurance activities, and its warehouse operations. Because these services predominantly benefit governmental rather than business -type functions, they have been included within the governmental activities in the government -wide financial statements. The proprietary fund financial statements provide separate information for the water, wastewater and stormwater utility system and for the sanitation operations, both of which are considered to be major funds of the City, and the one non - major enterprise fund. Conversely, the three internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the internal service funds are provided in the form of combining statements in the Combining and Individual Fund Financial Statements section of this report. The City's proprietary fund financial statements can be found on pages 22 through 27 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 operations of these Plans lead to the recording of related deferred outflows/inflows, pension expense, and net pension liability (asset) on the City's financial statements. Separate from these plans, the City Commission is covered by the Florida Retirement System (FRS), a multi-employer defined benefit plan administered by the State of Florida. The net pension liability (NPL), deferred outflows/inflows and pension expense related to the FRS plan is not considered significant to the City and City management has decided not to record or disclose the FRS activity in the City's financial statements. The City's fiduciary fund financial statements can be found on pages 28 and 29. 6 Page 72 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Notes to the Financial Statements - The notes provide additional information and disclosure that is essential to a full understanding of the data provided in the government -wide and fund financial statements. The notes to the financial statements can be found on pages 30 through 110 of this report. Other Information - In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information (RSI) concerning the City's progress in funding its obligation to provide pension benefits and other postemployment benefits to its employees. Required supplementary information related to these benefits can be found on pages 111 to 118 of this report. This report also contains other supplementary information immediately following the RSI, which includes the combining and individual fund financial statements beginning on page 119. GOVERNMENT -WIDE OVERALL FINANCIAL ANALYSIS Net Position - As noted previously, net position may serve over time as a useful indicator of a government's financial position. In the case of the City, assets and deferred outflows exceeded liabilities and deferred inflows by $236,625,682 at the close of the most recent fiscal year. Summary of Net Position (Amounts in Thousands) A significant portion of the City's net position ($232,803) reflects its investment in capital assets (e.g., land, buildings, and equipment), less any debt and deferred inflows/outflows related to those assets that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City's net position ($20,763 or 7.7%) represents resources that are subject to external restrictions on how they may be used. The remaining balance is an unrestricted net deficit of $16,941 or 7.2%. 7 Page 73 of 946 Governmental Activities Business -type Activities Total 2021 2020 2021 2020 2021 2020 Current and other assets $ 109,307 $ 97,161 $ 66,798 $ 68,161 $ 176,105 $ 165,322 Capital assets 183,189 181,028 185,195 191,203 368,384 372,231 Net pension asset 6,263 -- 3,935 -- 10,198 -- Total Assets 298,759 278,189 255,928 259,364 554,687 537,553 Deferred outflows of resources 10,339 15,714 1,977 3,258 12,316 18,972 Long-term liabilities outstanding 184,443 227,324 84,195 96,333 268,638 323,657 Other liabilities 14,819 9,252 4,366 7,486 19,185 16,738 Total Liabilities 199,262 236,576 88,561 103,819 287,823 340,395 Deferred inflows of resources 35,510 6,724 7,045 265 42,555 6,989 Net Position Net investment in capital assets 83,013 73,221 149,790 153,343 232,803 226,564 Restricted 13,317 7,612 7,446 3,106 20,763 10,718 Unrestricted (deficit) (22,004) (30,230) 5,063 2,089 (16,941) (28,141) Total Net Position $ 74,326 $ 50,603 $ 162,299 $ 158,538 $ 236,625 $ 209,141 A significant portion of the City's net position ($232,803) reflects its investment in capital assets (e.g., land, buildings, and equipment), less any debt and deferred inflows/outflows related to those assets that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City's net position ($20,763 or 7.7%) represents resources that are subject to external restrictions on how they may be used. The remaining balance is an unrestricted net deficit of $16,941 or 7.2%. 7 Page 73 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) At the end of the current fiscal year, the City reported positive balances in total net position, both for the government as a whole, as well as for its separate governmental and business -type activities. The majority of the deficit in unrestricted net position of the governmental activities resulted from the adoption of GASB Statement No. 68 to record the net pension liabilities. Change in Net Position. Total net position increased in fiscal year 2021 by $27,485,080 with governmental activities increasing the City's net position by $23,723,881 and business -type activities increasing the City's net position by $3,761,199. Key elements of these changes are summarized as follows: Summary of Change in Net Position (Amounts in Thousands) 8 Page 74 of 946 Governmental Activities Business -type Activities Total Primary Government 2021 2020 2021 2020 2021 2020 Revenues Program revenues Charges for services $ 27,077 $ 24,982 $ 66,017 $ 63,634 $ 93,094 $ 88,616 Operating grants and contributions 2,154 2,736 2,154 2,736 Capital grants and contributions 532 911 367 477 899 1,388 General revenues Property taxes 40,923 38,489 40,923 38,489 Property tax increment 14,928 13,933 14,928 13,933 Franchise taxes 4,689 4,504 4,689 4,504 Communications and public service taxes 10,637 10,566 10,637 10,566 Sales taxes 12,953 11,092 12,953 11,092 Gas taxes 1,362 1,302 1,362 1,302 State revenue sharing 3,322 2,820 2,820 Investment income 511 967 127 794 638 1,761 Otherrevenues 5,489 5,986 (68) 73 5,421 6,059 Total Revenues 124,577 118,288 66,443 64,978 187,698 183,266 Expenses General government 25,163 23,776 25,163 23,776 Public safety 62,140 66,607 62,140 66,607 Physical environment 1,576 2,119 1,576 2,119 Economic environment 8,299 11,334 8,299 11,334 Culture and recreation 11,192 11,422 11,192 11,422 Interest on long-term debt 3,846 4,080 3,846 4,080 Water ad sewer 38,929 41,037 38,929 41,037 Sanitation 10,742 11,233 10,742 11,233 Golf course 1,649 1,755 1,649 1,755 Total Expenses 112,216 119,338 51,320 54,025 163,536 173,363 Change in net position before transfers 12,361 (1,050) 15,123 10,953 27,484 9,903 Transfers 11,362 10,727 (11,362) (10,727) Change in Net Position 23,723 9,677 3,761 226 27,484 9,903 Net Position - Beginning of Year 50,603 40,926 158,538 158,312 209,141 199,238 Net Position - End of Year $ 74,326 $ 50,603 $ 162,299 $ 158,538 $ 236,625 $ 209,141 • 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. 8 Page 74 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Governmental Activities Taxes (property taxes, tax increment, franchise taxes, public service and communications taxes, sales taxes and gas taxes) continue as the major revenue source for the City's governmental activities representing 68% of revenues in FY 2020-2021, compared to 68% in FY 2019-2020. Public safety (Police, Fire, and 911 Communications) expenses aggregate 56% of total expenses of governmental activities in FY 2020-2021 compared to 57% in FY 2019-2020. 0 Page 75 of 946 Revenues by Source - Governmental Activities Other Revenues 5% Charges for Services Operating and Capital 22% Grants and Contributions State Revenue Sharing 3% Gas Taxes 1% Property taxes Sales Taxes 33% 10% Public Service & Communications Taxes 8% Franchise Taxes Tax Increment 4% 12% Public safety (Police, Fire, and 911 Communications) expenses aggregate 56% of total expenses of governmental activities in FY 2020-2021 compared to 57% in FY 2019-2020. 0 Page 75 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Business—Type Activities Charges for services represent 99% of all revenues in FY 2020-2021 compared to 98% in FY 2019-2020. The charges include those for water, wastewater, stormwater, sanitation and golf course revenues. Investment Earnings and Other 0% Capital Grants and Contributions 1% Revenues by Source - Business -Type Activities Charges for Services 99% The Water and Sewer Fund expenses (excluding interest on long-term debt) accounted for 73% of the expenses of the City's business -type activities in FY 2020-2021 compared to 72% in FY 2019-2020. The Sanitation Fund remained unchanged at 20%, along with the Golf Course Fund at 3%. The interest on long-term debt decreased to 4% in FY 2020-2021 from 5% in FY 2019-2020. Expenses by Source - Business -Type Activities Interest on Long- term Debt ebt 4 Water & Sewer Fund Golf Course+���', �. 73% 3% Sanitation Fund 20% 10 Page 76 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) DISCUSSION OF MAJOR FUNDS The City uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. According to U.S. generally accepted accounting principles (GAAP), the City identifies and separately reports certain major governmental funds and major proprietary funds. The following paragraphs discuss the financial highlights of these selected major funds. Governmental Funds - The City's major governmental funds discussed are: • General Fund • Boynton Beach Community Redevelopment Agency (CRA) Special Revenue Fund • American Rescue Fund The City's governmental funds focus on providing information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. • The General Fund is the primary operating fund accounting for all unrestricted operating expenditures of the City. Revenues plus transfers from other funds and issuance of capital lease agreements aggregated $95.40 million while expenditures plus net transfers to other funds totaled $96.97 million resulting in a $1.57 million decrease in fund balance for the year. The decrease in fund balance for 2021 was primarily attributable to increased property taxes due to higher property valuations and decreases in taxes such as sales, franchise and gas taxes attributable to decreased economic activity and tourism resulting from the coronavirus pandemic. The ending fund balance of $15.9 million includes $10.2 million committed by City Ordinance for emergencies, $8,750 assigned for the FY 2021-2022 budget and $35,888 for prepaid items that is nonspendable. The remaining $5.6 million, representing approximately 5.8% of annual General Fund expenditures (excluding the capital lease expenditure), is unassigned and available (a) to mitigate future revenue shortfalls and unanticipated expenditures, (b) to stabilize tax rates, and (c) to provide for working capital to minimize short-term borrowing for operations. General Fund comparative financial statements for 2021 and 2020 are on pages 121-122. • The Boynton Beach CRA Special Revenue Fund accounts for all of the CRA's general operations. Major revenues for the year included property tax increment revenue of $14.9 million and charges for services of $1.6 million. Expenditures included $3.5 million for general government operations, and transfers to other governmental funds of $12.5 million for redevelopment projects. Fund balance increased by approximately $677,000 due to an increase in tax increment revenue attributable to higher property valuations in 2021. At the end of 2021, approximately $3.7 million of fund balance was committed and assigned for future economic development, primarily redevelopment projects, and $133,000 was nonspendable. The CRA Special Revenue Fund comparative financial statements for 2021 and 2020 are on pages 123-124. • The American Rescue Fund is a new major fund of the City that was established in fiscal 2021. The purpose of the fund is to account for the revenues and expenditures associated with the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan Act (ABPA), which was signed into law on March 11, 2021. The received approximately $6.7 million in funds and expended $146,613 through September 30, 2021. The City expects to receive approximately $7 million in future ARPA funds. Proprietary Funds - The City's major proprietary funds are: • Water and Sewer Fund • Sanitation Fund 11 Page 77 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) The City's major proprietary funds provide the same type of information found in the government -wide financial statements, but in more detail. Unrestricted net position (deficit) of the City's major proprietary funds at September 30, 2021 is summarized as follows: $40,762,100 - Water and Sewer Fund ($661,446 Sanitation Fund The above total unrestricted net position (deficit) compares to $36,498,508 for the Water and Sewer Fund and $(1,131,238) deficit for the Sanitation Fund at the end of 2020. 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 2021 and 2020 are on pages 128 to 130 and Sanitation Fund comparative financial statements for 2021 and 2020 are on pages 131 to 133. SUMMARY OF GENERAL FUND BUDGETARY RESULTS The original General Fund budget appropriation for expenditures and transfers to other funds approved for FY 2020- 2021 was $99,218,382. There was a mid -year budget amendment to expenditures and transfers resulting in a final appropriation for FY 2020-2021 of $99,185,429. Total expenditures alone of $95,080,348 for the year were $322,694 less than the final appropriation for expenditures. Departmental budget details are reflected on page 20. The original General Fund budgeted revenues of $80,745,382 were decreased by $32,953 to $80,712,429 for FY 2020- 2021, Actual revenues were less than the final budget by $1,894,218 for FY 2020-2021 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, 2021, totals $368,384,349 (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 decrease in the City's investment in capital assets for the current fiscal year was approximately $3.8 million or 1.0% (a 1.2% increase for governmental activities and a 3.2% decrease for business -type activities). Capital assets are summarized as follows: Capital Assets - Net of Accumulated Depreciation (Amounts in Thousands) 12 Page 78 of 946 Governmental Activities Business -type Activities Total Primary Government 2021 2020 2021 2020 2021 2020 Land $ 32,183 $ 30,666 $ 5,132 $ 5,132 $ 37,315 $ 35,798 Construction in progress 1,092 14,407 5,333 36,638 6,425 51,045 Intangible assets -- -- 2,910 2,910 2,910 2,910 Building and improvements 121,329 113,335 69,734 57,589 191,063 170,924 Equipment and vehicles 19,756 20,340 18,100 5,145 37,856 25,485 Utility lines and wells -- -- 83,986 83,789 83,986 83,789 Infrastructure 8,829 2,280 -- -- 8,829 2,280 Total $ 183,189 $ 181,028 $ 185,195 $ 191,203 $ 368,384 $ 372,231 12 Page 78 of 946 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Additional information on the City's capital assets can be found in Note 3.F beginning on page 69. 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 $179,267,890, excluding net unamortized bond premium, as summarized below: Long -Term Liabilities (Amounts in Thousands) The revenue bonds, notes payable and capital leases are secured solely by specified revenue sources and the installment agreements are secured by equipment. The City's long-term debt decreased by approximately $12.5 million, or 6.5% during the current year, primarily due to the repayment of debt during the current year. Additional information on the City's long-term liabilities can be found in Note 3.H. beginning on page 74. FUTURE BUDGETARY OUTLOOK The City considered the following economic factors in developing the 2021/2022 fiscal year budget. • Housing prices are continuing to increase in the City and surrounding areas and the increase in property values is expected to continue for the coming fiscal year. • The City is continuing to see an increase in permit issuance related to new construction and remodeling. • Taxable values are expected to increase for fiscal year 2021/2022 and then start to level off thereafter. • Interest rates are expected to remain favorable, enabling the issuance of additional long-term debt to finance new capital projects. • Adoption of a General Fund budget for the 2021/2022 fiscal year of $102 million, which was an increase of $3.1 million or 3.2% from the final 2020/2021 budget. • Adoption of a property tax millage rate of 7.89 mills, which is a decrease of 0.10 mills from the 2020/2021 fiscal year. Requests for Information This financial report is designed to provide a general overview of the City's finances for all those with an interest in the government's finances. Questions or requests for additional information should be addressed to: Director of Financial Services, 100 E. Ocean Avenue, Boynton Beach, FL 33435, (561) 742-6310. 1WvW 1;ZA i&,V Mara Frederiksen Director of Financial Services 13 Page 79 of 946 Governmental Activities Business -type Activities Total Primary Government 2021 2020 2021 2020 2021 2020 Revenue bonds $ 23,864 $ 27,801 $ 25,565 $ 29,565 $ 49,429 $ 57,366 Notes payable -- 1,850 52,330 52,970 52,330 54,820 Capital leases (Town Square) 76,589 78,250 -- -- 76,589 78,250 Installment agreements 856 1,338 -- 856 1,338 Total $ 101,309 $ 109,239 $ 77,895 $ 82,535 $ 179,204 $ 191,774 The revenue bonds, notes payable and capital leases are secured solely by specified revenue sources and the installment agreements are secured by equipment. The City's long-term debt decreased by approximately $12.5 million, or 6.5% during the current year, primarily due to the repayment of debt during the current year. Additional information on the City's long-term liabilities can be found in Note 3.H. beginning on page 74. FUTURE BUDGETARY OUTLOOK The City considered the following economic factors in developing the 2021/2022 fiscal year budget. • Housing prices are continuing to increase in the City and surrounding areas and the increase in property values is expected to continue for the coming fiscal year. • The City is continuing to see an increase in permit issuance related to new construction and remodeling. • Taxable values are expected to increase for fiscal year 2021/2022 and then start to level off thereafter. • Interest rates are expected to remain favorable, enabling the issuance of additional long-term debt to finance new capital projects. • Adoption of a General Fund budget for the 2021/2022 fiscal year of $102 million, which was an increase of $3.1 million or 3.2% from the final 2020/2021 budget. • Adoption of a property tax millage rate of 7.89 mills, which is a decrease of 0.10 mills from the 2020/2021 fiscal year. Requests for Information This financial report is designed to provide a general overview of the City's finances for all those with an interest in the government's finances. Questions or requests for additional information should be addressed to: Director of Financial Services, 100 E. Ocean Avenue, Boynton Beach, FL 33435, (561) 742-6310. 1WvW 1;ZA i&,V Mara Frederiksen Director of Financial Services 13 Page 79 of 946 BASIC FINANCIAL STATEMENTS Page 80 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION SEPTEMBER 30, 2021 The accompanying notes are an integral part of these financial statements. 14 Page 81 of 946 Governmental Business -type Activities Activities Total Assets Pooled cash and investments $ 68,074,818 $ 23,703,584 $ 91,778,402 Receivables, net 3,520,945 7,798,312 11,319,257 Due from other governments 2,329,385 2,329,385 Internal balances 34,356,485 (34,356,485) Prepaid expenses 215,007 77,410 292,417 Inventories 810,067 29,993 840,060 Investment in joint venture 16,650,509 16,650,509 Restricted assets - pooled cash and investments 52,855,837 52,855,837 Restricted assets - accounts receivable 38,553 38,553 Intangible assets 2,910,000 2,910,000 Capital assets not being depreciated 33,275,370 10,465,585 43,740,955 Capital assets net of accumulated depreciation 149,913,482 171,819,912 321,733,394 Net pension asset 6,263,798 3,934,507 10,198,305 Total Assets 298,759,357 255,927,717 554,687,074 Deferred Outflow of Resources Deferred charges on debt refundings 1,134,553 1,070,725 2,205,278 Deferred amount related to OPEB 551,453 348,585 900,038 Deferred amounts related to pensions 8,652,510 558,230 9,210,740 Total Deferred Outflows of Resources 10,338,516 1,977,540 12,316,056 Liabilities Accounts payable and accrued liabilities 6,620,726 1,988,975 8,609,701 Accrued interest payable 111,272 516,491 627,763 Unearned revenue 7,959,821 19,864 7,979,685 Refundable deposits 99,480 158,477 257,957 Customer deposits 1,601,081 1,601,081 Due to other governments 27,061 80,000 107,061 Other payables 1,600 1,600 Noncurrent liabilities: Due within one year: Bonds and notes payable 4,029,000 5,760,000 9,789,000 Capital leases and installment agreements 2,217,871 2,217,871 Compensated absences 1,030,284 192,119 1,222,403 Provision for insurance losses 2,215,459 2,215,459 Due in more than one year: Bonds and notes payable 19,835,000 72,219,712 92,054,712 Capital leases and installment agreements 75,228,019 75,228,019 Compensated absences 6,894,979 1,285,729 8,180,708 Provision for insurance losses 4,160,284 4,160,284 Total OPEB liability 7,493,830 4,737,002 12,230,832 Net pension liability 61,338,393 61,338,393 Total Liabilities 199,261,479 88,561,050 287,822,529 Deferred Inflows of Resources Deferred amount related to OPEB 244,939 154,831 399,770 Deferred amounts related to pensions 35,265,102 6,890,047 42,155,149 Total Deferred Inflows of Resources 35,510,041 7,044,878 42,554,919 Net Position Net investment in capital assets 83,013,515 149,789,899 232,803,414 Restricted for: Public safety 653,322 653,322 Grant programs 1,850,224 1,850,224 Debt service 120,621 3,511,829 3,632,450 Capital projects 2,847,093 2,847,093 Net pension asset 6,263,798 3,934,507 10,198,305 Other purposes 1,582,126 1,582,126 Unrestricted (deficit) (22,004,346) 5,063,094 (16,941,252) Total Net Position $ 74,326,353 $ 162,299,329 $ 236,625,682 The accompanying notes are an integral part of these financial statements. 14 Page 81 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2021 The accompanying notes are an integral part of these financial statements. Page 82 of 946 15 Program Revenues Net (Expense) Revenue and Change in Net Position Charges for Services, Fees, Operating Capital Fines and Grants and Grants and Govenumental Business -type Functions/Programs Expenses Forfeitures Contributions Contributions Activities Activities Total Governmental Activities General govenument $ 25,163,019 $ 9,546,149 $ 223,644 $ -- $ (15,393,226) $ -- $ (15,393,226) Public safety 62,139,809 15,872,161 518,956 481,165 (45,267,527) -- (45,267,527) Physical environment 1,575,544 181,423 -- -- (1,394,121) -- (1,394,121) Economic environment 8,299,197 -- 1,165983 -- (7,133,214) -- (7,133,214) Culture and recreation 11,191,863 1,477,251 244,967 51,024 (9,418,621) -- (9,418,621) Interest on long-term debt 3.846.471 -- -- -- (3,846.471) -- (3,846.471) Total Governmental Activities 112,215,903 27,076,984 2,153,550 532,189 (82,453,180) (82,453,180) Business -type Activities Water and sewer 39,929,678 50,196,297 -- 367.348 -- 11.634957 11.634957 Sanitation 10.742.454 13,269,239 -- -- -- 2.525.784 2.525.784 Golf course 1.648.541 2.552.175 903.634 903.634 Total Business -type Activities 51.319.673 66.016.700 -- 367.348 -- 15.064.375 15.064.375 Total Primary Government $ 163.535.576 $ 93.093.684 $ 2.153.550 $ 899.537 (82.453.180) 15.064.375 (67.399,905) General Revenues Property taxes 40,922,907 -- 40,922,907 Tax increment 14.929,164 -- 14929,164 Franchise taxes 4.699,929 -- 4.699,929 Public service taxes 7.951,901 -- 7951,901 Communications services tax 2.685.713 -- 2.685.713 Sales taxes 12.952,991 -- 12952,991 Gas taxes 1.361,930 -- 1.361,930 State revenue sharing not restricted to specific programs 3,322,120 -- 3,322,120 Investment earnings 511,233 126,999 638,121 Gain (loss) on disposal of capital assets 411,459 (212,861) 198,598 Other 5,077,689 145,232 5,222921 Transfers 11.362.435 (11.362.435) Total General Revenues and Transfers 106.177.061 (11.303.176) 94,973,995 Change in Net Position 23,723,991 3,761,199 27,485,080 Net Position - Beginning of Year 50.602.472 159,539,130 209.140.602 Net Position - End of Year $ 74,326,353 $ 162,299,329 $ 236,625,682 The accompanying notes are an integral part of these financial statements. Page 82 of 946 15 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GOVERNMENTAL FUNDS SEPTEMBER 30, 2021 Assets Pooled cash and investments Receivables, net Due from other governments Due from other funds Prepaid items Total Assets Liabilities, Deferred Inflows of Resources and Fund Balance Liabilities: Accounts payable Accrued liabilities Due to other funds Due to other governments Refundable deposits Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balances Nonspendable Prepaid items Restricted for: Public safety Grant programs Debt service Capital projects Other purposes Committed for: Emergency purposes Economic development Capital projects Assigned to: Subsequent year's budget Economic development Debt service Public safety Culture and recreation Cemetery maintenance Capital projects Unassigned (deficit) Total Fund Balances Total Liabilities, Deferred Inflow of Resources and Fund Balances $ 1,212,528 Boynton $ $ 1,855,619 Other 2,653,740 -- Beach American Non -Major Total General CRA Special Rescue Governmental Governmental Fund Revenue Fund Fund Funds Funds $ 16,347,304 $ 4,280,408 $ 6,208,481 $ 33,380,785 $ 60,216,978 2,421,851 15,708 -- 870,137 3,307,696 716,513 -- -- 1,612,872 2,329,385 1,477,443 -- 500,000 445,561 2,423,004 35,888 132,758 -- 46,361 215,007 $ 20,998,999 $ 4,428,874 $ 6,708,481 $ 36,355,716 $ 68,492,070 $ 1,212,528 $ 109,530 $ $ 1,855,619 $ 3,177,677 2,653,740 -- 16,984 2,670,724 -- 445,561 31,142 1,357,926 1,834,629 -- -- -- 27,061 27,061 83,998 13,677 -- 1,805 99,480 3,950,266 568,768 31,142 3,259,395 7,809,571 1,174,701 -- 6,677,339 107,781 7,959,821 35,888 132,758 -- 46,361 215,007 -- -- 653,322 653,322 1,850,224 1,850,224 120,621 120,621 2,847,093 2,847,093 1,582,126 1,582,126 10,239,669 -- 10,239,669 -- 874,999 874,999 -- 3,908,906 3,908,906 8,750 -- 8,750 -- 2,852,349 -- 2,852,349 -- 6,091,634 6,091,634 2,821,213 2,821,213 617,535 617,535 2,991,802 2,991,802 -- 10,293,644 10,293,644 5,589,725 -- (835,941) 4,753,784 15,874,032 3,860,106 32,988,540 52,722,678 $ 20,998,999 $ 4,428,874 $ 6,708,481 $ 36,355,716 $ 68,492,070 The accompanying notes are an integral part of these financial statements. 16 Page 83 of 946 CITY OF BOYNTON BEACH, FLORIDA RECONCILIATION OF THE FUND BALANCE OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION OF GOVERNMENTAL ACTIVITIES SEPTEMBER 30, 2021 Fund balances reported in the Balance Sheet of total governmental funds. $ 52,722,678 Amounts reported as fund balance in the governmental funds Balance Sheet (above) are different from the total net position for governmental activities in the Statement of Net Position (below) because of a different measurement focus and basis of accounting between the two statements resulting in the following increases and decreases. Increases: Capital assets are not financial resources. Therefore, they are not reported in the Balance Sheet of 173,606,374 governmental funds. However, they are reported in the Statement of Net Position of governmental activities. The City uses internal service funds to charge the costs of fleet management, risk management, and 9,606,532 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 with governmental activities in the Statement of Net Position. The internal service funds have operations with cumulative positive income results over the years; 34,342,640 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 1,134,553 Net Position but are recognized in the governmental funds as proceeds and repayment of debt. The net pension liability (asset) and deferred outflows and inflows of resources related to defined benefit pension plans and other postemployment benefits are reported in the statement of net position. Because the net pension liability (asset) and other postemployment benefits liability do not represent available, spendable resources, they are not reported in governmental funds. Net pension asset 5,717,169 Net pension liability (61,338,393) Deferred outflows related to other postemployment benefits 503,392 Deferred outflows related to pensions 8,574,954 Deferred inflows related to other postemployment benefits (223,591) Deferred inflows related to pensions (34,307,854) Decreases: Governmental funds recognize the proceeds and the repayment of noncurrent bonds and notes payable, (101,309,890) 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. Governmental funds do not recognize interest on the above noncurrent debt as an expense and an accrued (111,272) 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 (6,840,704) accrued liability. However, the total 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 governmental funds. However, they are reported as a liability in the Statement of Net Position for governmental activities thus reducing net position. (7,750,235) Net position reported in the Statement of Net Position of governmental activities. $ 74,326,353 The accompanying notes are an integral part of these financial statements. 17 Page 84 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 Revenues Taxes, net of tax increment revenue Tax increment revenue Licenses and permits Intergovernmental Charges for services Special assessment Fines and forfeitures Rents and royalties Investment earnings Donations Miscellaneous Total Revenues Expenditures Current: General government Public safety Physical environment Economic environment Culture and recreation Capital outlay Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources (Uses) Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances - Beginning of Year Fund Balances - End of Year (16,262,137) 13,191,861 18,473,000 Boynton (3,782,370) Other 14,690,630 (12,514,683) Beach American Non -Major Total General CRA Special Rescue Governmental Governmental Fund Revenue Fund Fund Funds Funds $ 42,428,504 $ -- $ $ 11,916,771 $ 54,345,275 -- 14,928,164 -- 14,928,164 5,250,710 -- 3,839,279 9,089,989 12,657,739 -- 146,563 8,302,362 21,106,664 7,690,810 1,575,454 -- 954,914 10,221,178 7,033,880 -- -- 7,033,880 612,001 2,372,895 2,984,896 550,081 -- -- 550,081 114,058 164,689 225,643 504,390 -- -- 221,412 221,412 4,370,736 -- -- 199,381 4,570,117 80,708,519 16,668,307 146,563 28,032,657 125,556,046 14,620,173 3,476,446 28,574 617,248 18,742,441 65,495,110 -- 103,739 3,938,644 69,537,493 1,392,715 -- 51,818 1,444,533 757,102 14,250 7,541,394 8,312,746 9,885,214 -- 759,754 10,644,968 518,308 10,645,924 11,164,232 1,798,318 6,130,478 7,928,796 2,503,716 1,062,582 3,566,298 96,970,656 3,476,446 146,563 30,747,842 131,341,507 (16,262,137) 13,191,861 18,473,000 33,988,849 (3,782,370) (12,514,683) 14,690,630 (12,514,683) (1,571,507) 677,178 17,445,539 3,182,928 $ 15,874,032 $ 3,860,106 $ -- (2,715,185) (5,785,461) 15,515,849 33,988,849 (12,154,850) (28,451,903) 3,360,999 5,536,946 645,814 (248,515) 32,342,726 52,971,193 $ 32,988,540 $ 52,722,678 The accompanying notes are an integral part of these financial statements. 18 Page 85 of 946 CITY OF BOYNTON BEACH, FLORIDA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR YEAR ENDED SEPTEMBER 30, 2021 Net change in fund balances reported in the Statement of Revenues, Expenditures, and Changes in Fund Balance of total governmental funds $ (248,515) Amounts reported as changes in fund balances in the governmental funds Statement of Revenues, Expenditures, and Changes in Fund Balances (above) are different from the change in net position of governmental activities in the Statement of Activities (below) since a different measurement focus and basis of accounting between the two statements results in the following increases and decreases. Increases: Capital outlay, reported as expenditures in governmental funds, is reported as capital assets in the Statement of Net Position rather than expenses. 11,164,232 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 $ 5,825,489 Nonoperating revenue 911,611 Consolidation of operating loss related to governmental funds (2,173,777) 4,563,323 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. Repayment of noncurrent bonds, notes, installment agreements and capital leases 7,928,796 Decreases: Depreciation expense on governmental capital assets included in the Governmental Activities in the Statement of Activities below, but not included in the net change in fund balances reported in the Statement of Revenues, Expenditures, and Changes in Fund Balance of total governmental funds above. Depreciation expense (4,093,348) 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 (297,479) 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 $ 17,306 Compensated absences expenses (88,893) Other postemployment benefits (464,669) Pension expense 8,095,286 7,559,030 The net effect of transactions involving capital asset dispositions (i.e., sales and trade-ins). (2,852,158) Change in Net Position of Governmental Activities $ 23,723,881 The accompanying notes are an integral part of these financial statements. 19 Page 86 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL BUDGETARY BASIS GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 The accompanying notes are an integral part of these financial statements. 20 Page 87 of 946 Actual Variance with Original Final (Budgetary Final Budget Budget Budget Basis) Positive (Negative) Revenues Taxes, net of tax increment revenue $ 42,833,008 $ 42,833,008 $ 42,428,504 $ (404,504) Licenses and permits 7,860,000 5,325,000 5,250,710 (74,290) Intergovernmental 8,618,237 10,118,237 10, 767,431 649,194 Charges for services 8,207,915 8,207,915 7,690,810 (517,105) Special assessments 6,759,000 6,759,000 7,033,880 274,880 Fines and forfeitures 502,109 502,109 612,001 109,892 Rents and royalties 350,500 350,500 550,081 199,581 Investment earnings 188,000 188,000 114,058 (73,942) Miscellaneous 4,503,000 4,503,000 4,370,736 (132,264) Appropriated fund balance 923,613 1,925,660 -- (1,925,660) Total Revenues 80,745,382 80,712,429 78,818,211 (1,894,218) Expenditures General government: Mayor and commission 320,464 307,464 306,828 636 City manager 847,230 860,299 857,092 3,207 Public affairs 498,463 427,463 419,060 8,403 City clerk 591,034 620,561 612,584 7,977 Financial services 1,509,010 1,517,010 1,520,529 (3,519) Information technology 2,823,098 2,768,098 2,703,740 64,358 Human resources 905,959 853,239 849,300 3,939 City attorney 590,257 648,257 647,054 1,203 Planning and zoning 748,991 780,491 800,079 (19,588) Facilities management 2,423,687 2,772,362 2,733,476 38,886 City hall general administrative 2,992,341 2,846,729 2,723,109 123,620 Town Square 4,519,969 649,432 645,974 3,458 Total general government 18,770,503 15,051,405 14,818,825 232,580 Public safety: Police 34,154,407 34,429,407 34,650,365 (220,958) Fire 26,827,161 27,703,088 27,856,745 (153,657) Protective inspections 3,578,926 1,220,296 1,232,650 (12,354) Total public safety 64,560,494 63,352,791 63,739,760 (386,969) Physical environment: Public works 430,610 274,851 235,347 39,504 Streets maintenance 1,268,317 1,268,317 1,192,071 76,246 Total physical environment 1,698,927 1,543,168 1,427,418 115,750 Economic environment: Other economic environment 980,593 767,593 759,213 8,380 Total economic environment 980,593 767,593 759,213 8,380 Culture and recreation: Library 2,524,277 2,498,277 2,489,179 9,098 Recreation 3,689,267 3,534,807 3,533,672 1,135 Schoolhouse museum 382,233 366,233 364,362 1,871 Forestry and grounds 3,391,829 3,657,668 3,645,885 11,783 Total culture and recreation 9,987,606 10,056,985 10,033,098 23,887 Debt service Principal retirement -- 1,798,900 1,798,318 582 Interest charges 2,832,200 2,503,716 328,484 Total debt service 4,631,100 4,302,034 329,066 Total Expenditures 95,998,123 95,403,042 95,080,348 322,694 Excess (Deficiency) of Revenues Over Expenditures (15,252,741) (14,690,613) (16,262,137) (1,571,524) Other Financing Sources (Uses) Transfers in 18,473,000 18,473,000 18,473,000 -- Transfers out (3,220,259) (3,782,387) (3,782,370) 17 Total Other Financing Sources and Uses 15,252,741 14,690,613 14,690,630 17 Net Change in Fund Balance $ -- $ -- $ (1,571,507) $ (1,571,507) The accompanying notes are an integral part of these financial statements. 20 Page 87 of 946 CITY OF BOYNTON BEACH, FLORIDA BOYNTON BEACH CRA SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2021 The accompanying notes are an integral part of these financial statements. 21 Page 88 of 946 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues Tax increment revenue $ 14,852,192 $ 14,852,192 $ 14,928,164 $ 75,972 Charges for services 1,000,000 1,000,000 1,575,454 575,454 Investment earnings 100,000 545,561 164,689 (380,872) Total Revenues 15,952,192 16,397,753 16,668,307 270,554 Expenditures Current General government 3,883,070 3,883,070 3,476,446 406,624 Total Expenditures 3,883,070 3,883,070 3,476,446 406,624 Revenues Over Expenditures 12,069,122 12,514,683 13,191,861 677,178 Other Financing Uses Transfers out (12,069,122) (12,514,683) (12,514,683) -- Total Other Financing Uses (12,069,122) (12,514,683) (12,514,683) -- Net Change in Fund Balance $ -- $ 677,178 $ 677,178 Fund Balance - Beginning of Year 3,182,928 Fund Balance - End of Year $ 3,860,106 The accompanying notes are an integral part of these financial statements. 21 Page 88 of 946 CITY OF BOYNTON BEACH, FLORIDA Assets Current assets: Pooled cash and investments Accounts receivable, net Other receivables Prepaid expenses Inventories Total current assets Restricted assets: Restricted pooled cash and investments: Customer deposits Revenue bond covenants Capital improvements Restricted accounts receivable Total restricted assets Total current assets Noncurrent assets: Investment in joint venture Intangible assets Capital assets not being depreciated Capital assets, net of accumulated depreciation Net pension asset Total noncurrent assets Total Assets Deferred Outflows of Resources Deferred charges on debt refundings Deferred amounts related to OPEB Deferred amounts related to pensions Total Deferred Outflows of Resources STATEMENT OF NET POSITION PROPRIETARY FUNDS SEPTEMBER 30, 2021 Business -type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds $ 21,977,966 $ 1,725,618 6,482,157 1,313,530 77,410 28,537,533 3,039,148 $ -- $ 23,703,584 $ 7,857,840 2,625 7,798,312 143 -- -- 213,106 -- 77,410 -- 29,993 29,993 810,067 32,618 31,609,299 8,881,156 1,562,528 1,562,528 9,788,320 9,788,320 41,504,989 41,504,989 52,855,837 52,855,837 38,553 38,553 52,894,390 52,894,390 -- 81,431,923 3,039,148 32,618 84,503,689 8,881,156 16,650,509 -- -- 16,650,509 -- 2,910,000 -- 2,910,000 -- 9,109,118 -- 1,356,467 10,465,585 33,166 171,237,474 1,446 580,992 171,819,912 9,549,312 2,724,988 1,026,969 182,550 3,934,507 546,629 202,632,089 1,028,415 2,120,009 205,780,513 10,129,107 284,064,012 4,067,563 2,152,627 290,284,202 19,010,263 1,070,725 -- -- 1,070,725 -- 242,110 90,454 16,021 348,585 48,061 386,623 145,707 25,900 558,230 77,556 1,699,458 236,161 41,921 1,977,540 125,617 (Continued) The accompanying notes are an integral part of these financial statements. 22 Page 89 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION PROPRIETARY FUNDS (CONTINUED) SEPTEMBER 30, 2021 The accompanying notes are an integral part of these financial statements. 23 Page 90 of 946 Business -type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds Liabilities Current liabilities: Accounts payable $ 958,345 $ 397,796 $ 21,036 $ 1,377,177 $ 671,558 Accrued liabilities 425,916 141,859 44,023 611,798 100,767 Unearned revenues -- -- 19,864 19,864 -- Provision for insurance losses, current portion -- -- -- 2,215,459 Refundable deposits 158,477 -- -- 158,477 -- Compensated absences payable, current portion 132,905 42,810 16,404 192,119 22,754 Due to other governments 80,000 -- -- 80,000 -- Due to other funds -- -- 13,845 13,845 574,530 1,755,643 582,465 115,172 2,453,280 3,585,068 Current liabilities payable from restricted assets: Customer deposits 1,601,081 -- -- 1,601,081 -- Revenue bonds, current maturities 5,760,000 5,760,000 Accrued revenue bond interest 516,491 516,491 Contracts payable 1,600 1,600 7,879,172 -- -- 7,879,172 -- Total Current Liabilities 9,634,815 582,465 115,172 10,332,452 3,585,068 Noncurrent liabilities: Revenue bonds payable, less current maturities, plus unaimortized premium 72,219,712 -- -- 72,219,712 -- Provision for insurance losses, less current portion -- -- -- -- 4,160,284 Compensated absences payable, less current portion 889,444 286,501 109,784 1,285,729 152,274 Total OPEB liability 3,290,094 1,229,199 217,709 4,737,002 653,126 Total noncurrent liabilities 76,399,250 1,515,700 327,493 78,242,443 4,965,684 Total Liabilities 86,034,065 2,098,165 442,665 88,574,895 8,550,752 Deferred Inflows of Resources Deferred amount related toOPEB 107,538 40,177 7,116 154,831 21,348 Deferred amounts related to pensions 4,771,956 1,798,413 319,678 6,890,047 957,248 Total Deferred Inflows of Resources 4,879,494 1,838,590 326,794 7,044,878 978,596 Net Position Net investment in capital assets 147,850,994 1,446 1,937,459 149,789,899 9,582,478 Restricted for: Revenue bond covenants 3,511,829 -- -- 3,511,829 -- Net pension asset 2,724,988 1,026,969 182,550 3,934,507 546,629 Unrestricted (deficit) 40,762,100 (661,446) (694,920) 39,405,734 (522,575) Total Net Position $ 194,849,911 $ 366,969 $ 1,425,089 $ 196,641,969 $ 9,606,532 The accompanying notes are an integral part of these financial statements. 23 Page 90 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 The accompanying notes are an integral part of these financial statements. 24 Page 91 of 946 Business -type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds Operating Revenues Charges for services: Water sales $ 24,976,528 $ $ $ 24,976,528 $ Sewer service 19,736,462 19,736,462 Stormwater utility fees 5,483,297 5,483,297 Garbage fees 13,257,797 13,257,797 Recycling fees 10,441 10,441 Cart and green fees 2,108,980 2,108,980 Dues 116,368 116,368 Other services 326,827 326,827 10,763,972 Total Operating Revenues 50,196,287 13,268,238 2,552,175 66,016,700 10,763,972 Operating Expenses Personal services and benefits 9,126,053 3,422,589 1,005,719 13,554,361 2,182,438 Supplies, services and claims 14,686,266 5,750,184 500,685 20,937,135 8,447,461 Depreciation and amortization 12,242,767 2,475 117,256 12,362,498 4,635,460 Total Operating Expenses 36,055,086 9,175,248 1,623,660 46,853,994 15,265,359 Operating Income (Loss) 14,141,201 4,092,990 928,515 19,162,706 (4,501,387) Nonoperating Revenues (Expenses) Investment earnings 124,851 1,991 46 126,888 6,843 Interest expense (1,596,054) (1,596,054) Equity in loss of Regional Wastewater Joint Venture (650,572) (650,572) Intergovernmental 108,557 108,557 Gain (loss) on disposal of capital assets (119,756) (40,175) (52,930) (212,861) 411,459 Miscellaneous income 145,232 145,232 493,309 Total Nonoperating Revenues (Expenses) (1,987,742) (38,184) (52,884) (2,078,810) 911,611 Income (Loss) Before Contributions and Transfers 12,153,459 4,054,806 875,631 17,083,896 (3,589,776) Capital contributions 367,348 367,348 Transfers Transfers in 10,000 10,000 5,848,072 Transfers out (8,716,479) (2,568,610) (87,346) (11,372,435) (22,583) Total Transfers (8,716,479) (2,558,610) (87,346) (11,362,435) 5,825,489 Change in Net Position 3,804,328 1,496,196 788,285 6,088,809 2,235,713 Net Position (Deficit) - Beginning of Year 191,045,583 (1,129,227) 636,804 190,553,160 7,370,819 Net Position - End of Year $ 194,849,911 $ 366,969 $ 1,425,089 $ 196,641,969 $ 9,606,532 The accompanying notes are an integral part of these financial statements. 24 Page 91 of 946 CITY OF BOYNTON BEACH, FLORIDA RECONCILIATION OF THE TOTAL ENTERPRISE FUNDS TO THE GOVERNMENT -WIDE STATEMENTS OF BUSINESS -TYPE ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2021 Amounts Reported for Total Enterprise Funds The City uses internal service funds to charge the costs of fleet management, risk management, and warehouse services to individual governmental and enterprise funds. The operating income (loss) of certain activities of internal service funds related to enterprise funds are included with business -type activities in the Statement of Activities. The following reflect the consolidation of internal service fund activities related to enterprise funds. Current year adjustment Cumulative prior year adjustments Net Position/Change in Net Position of Business -type Activities Statement of Net Position Statement of Revenues, Expenses, and Changes in Net Position $ 196,641,969 $ 6,088,809 (2,327,610) (2,327,610) (32,015,030) -- $ 162,299,329 $ 3,761,199 The accompanying notes are an integral part of these financial statements. 25 Page 92 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 Cash Flows From Operating Activities Receipts from customers and users Receipts from interfund services provided Receipts from others Payments to suppliers Payments to employees Payments for interfund services used Net Cash Provided by (Used in) Operating Activities Cash Flows From Non -Capital Financing Activities Loans to other funds Transfers in Transfers out Net Cash Provided by (Used in) Non -Capital Financing Activities Cash Flows From Capital and Related Financing Activities Acquisition of capital assets Proceeds from sale of capital assets Capital contributions Proceeds from issuance of revenue refunding bonds Bond issuance costs paid Payment to escrow agent for advance refunding of revenue bonds Principal payments on revenue bonds Interest payments on revenue bonds Net Cash Used in Capital and Related Financing Activities Cash Flows From Investing Activity Interest on pooled cash and investments Net Cash Provided by Investing Activity Increase (Decrease) in Pooled Cash and Investments Pooled cash and investments - beginning of year Pooled cash and investments - end of year Reconciliation ofPooled Cash and Investments to Statement ofNet Position Pooled cash and investments Restricted pooled cash and investments Pooled Cash and Investments - End of Year Business -type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds $ 48,802,170 $ 13,345,676 $ 2,523,737 $ 64,671,583 $ 10,550,723 253,789 253,789 493,309 (15,128,324) (3,140,802) (365,416) (18,634,542) (8,720,460) (11,275,720) (4,164,921) (1,100,465) (16,541,106) (2,290,299) (1,026,687) (2,525,008) (148,313) (3,700,008) (290,503) 21,625,228 3,514,945 909,543 26,049,716 (257,230) (614,179) (614,179) 10,000 10,000 5,848,072 (8,716,479) (2,568,610) (87,346) (11,372,435) (22,583) (8,716,479) (2,558,610) (701,525) (11,976,614) 5,825,489 (7,618,492) (42,085) (208,064) (7,868,641) (2,450,145) 283,745 367,348 367,348 41,140,000 41,140,000 764,150 764,150 (42,470,000) (42,470,000) (4,507,679) (4,507,679) (1,955,293) (1,955,293) (14,279,966) (42,085) (208,064) (14,530,115) (2,166,400) 124,851 1,991 46 126,888 6,843 124,851 1,991 46 126,888 6,843 (1,246,366) 916,241 (330,125) 3,408,702 76,080,169 809,377 76,889,546 4,449,138 $ 74,833,803 $ 1,725,618 $ $ 76,559,421 $ 7,857,840 21,977,966 1,725,618 23,703,584 7,857,840 52,855,837 52,855,837 $ 74,833,803 $ 1,725,618 $ $ 76,559,421 $ 7,857,840 (Continued) The accompanying notes are an integral part of these financial statements. 26 Page 93 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS (CONTINUED) FOR THE YEAR ENDED SEPTEMBER 30, 2021 Reconciliation of Operating Income (Loss) to Net Cash Provided By (Used in) Operating Activities Operating income (loss) Adjustments to reconcile operating income to Net Cash Provided By (used in) operating activities: Depreciation Provision for doubtful accounts Miscellaneous income Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable Prepaid expenses Inventories Deferred amounts related to OPEB Deferred amounts related to pensions Accounts payable Accrued expenses Due to other funds Unearned revenues Refundable deposits Due to other governments Provision for insurance losses Customer deposits Compensated absences payable OPEB Net pension asset Total adjustments Net Cash Provided by (Used in) Operating Activities Noncash Investing, Capital and Related Financing Activities Equity in loss of Regional Wastewater Joint Venture Gain on disposal of capital assets Amortization of bond premiums Amortization of charges on refundings Business -type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds $ 14,141,201 $ 4,092,990 $ 928,515 $ 19,162,706 $ (4,501,387) 12,242,767 2,475 117,256 12,362,498 4,635,460 (81,556) (81,556) 253,789 253,789 493,309 (1,302,733) 77,438 1,015 (1,224,280) (143) (26,542) 6,503 (20,039) (5,194) (5,194) 247,770 (31,506) (14,563) (1,785) (47,854) (10,232) 5,792,852 2,140,426 364,454 8,297,732 1,104,754 (1,449,836) 84,374 (14,353) (1,379,815) (1,191,950) 14,357 (13,373) (2,111) (1,127) 25,545 57,202 (29,453) (29,453) (3,943) (3,943) 7,633 7,633 323,476 (5,885) (5,885) (69,078) (138,954) (7,703) (215,735) 12,159 117,045 129,706 (1,512) 245,239 145,755 (7,973,337) (2,845,574) (446,089) (11,265,000) (1,385,842) 7,484,027 (578,045) (18,972) 6,887,010 4,244,157 $ 21,625,228 $ 3,514,945 $ 909,543 $ 26,049,716 $ (257,230) $ (650,571) $ -- $ -- $ (650,571) $ (119,756) (40,175) (52,930) (212,861) 411,459 62,746 62,746 (108,873) (108,873) The accompanying notes are an integral part of these financial statements. 27 Page 94 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF FIDUCIARY NET POSITION PENSION TRUST FUNDS SEPTEMBER 30, 2021 Total investments 526,111,348 Interest and dividends receivable 220,304 Pending trades receivable 601,962 DROP loans 235,912 Prepaid expenses 35,577 Total Assets 528,575,087 Liabilities Accounts payable 671,818 Prepaid employees contributions 70,426 Pending trades payable 881,846 Total Liabilities 1,624,090 Net Position Restricted for Pension Benefits $ 526,950,997 The accompanying notes are an integral part of these financial statements. Page 95 of 946 Total Pension Trust Funds Assets Cash $ 1,369,984 Investments: Money market mutual funds 8,381,322 U.S. Government and Agency obligations 32,789,701 Mortgage-backed securities 3,844,665 Corporate obligations 14,628,908 Equity securities 95,379,265 Equity mutual funds 103,022,526 Equity investment funds 135,701,778 International equity investment funds 28,692,647 Fixed income investment funds 50,138,221 Real estate investment funds 53,532,315 Total investments 526,111,348 Interest and dividends receivable 220,304 Pending trades receivable 601,962 DROP loans 235,912 Prepaid expenses 35,577 Total Assets 528,575,087 Liabilities Accounts payable 671,818 Prepaid employees contributions 70,426 Pending trades payable 881,846 Total Liabilities 1,624,090 Net Position Restricted for Pension Benefits $ 526,950,997 The accompanying notes are an integral part of these financial statements. Page 95 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION PENSION TRUST FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 Total contributions 25,430,983 Investment earnings Net appreciation in fair value of investments Total Interest and dividends Pension Miscellaneous Trust Funds Additions 87,152,871 Contributions: Employer $ 18,683,469 Plan members 4,857,206 State 1,890,308 Total contributions 25,430,983 Investment earnings Net appreciation in fair value of investments 80,310,220 Interest and dividends 6,804,656 Miscellaneous 37,995 87,152,871 Less investment expenses: Investment expenses 2,085,487 Net investment earnings 85,067,384 Total Additions 110,498,367 Deductions Benefits paid 26,551,336 Refunds of contributions 390,939 Administrative expenses 534,504 Total Deductions 27,476,779 Change in Plan Net Position 83,021,588 Net position restricted for pension benefits - beginning of year 443,929,409 Net position restricted for pension benefits - end of year $ 526,950,997 The accompanying notes are an integral part of these financial statements. 29 Page 96 of 946 Page 97 of 946 NOTES TO FINANCIAL STATEMENTS Page 98 of 946 Page 99 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. REPORTING ENTITY The City of Boynton Beach (the "City") is a Florida municipality established in 1920 by the Laws of Florida, Section 24398, pursuant to the authority provided in Chapter 165, Florida Statutes. The City is governed by an elected five -member Commission and provides a full range of municipal services including public safety, planning and zoning, sanitation, highways and streets, recreation and park facilities, public improvements, water, wastewater and stormwater services, and general administration functions. Under governmental accounting and financial reporting standards, the reporting entity consists of the primary government, organizations for which the primary government is financially accountable, and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the City's financial statements to be misleading or incomplete. The primary government is financially accountable if it appoints a voting majority of an organization's governing body and imposes its will on that organization. The primary government may also be financially accountable if an organization is fiscally dependent on the primary government regardless of the authority of the organization's governing board. Legally separate organizations outside of the primary government, which meet the criteria for financial accountability, are component units of the reporting entity. The accompanying financial statements present the City as the primary government, with its blended component unit, the Boynton Beach Community Redevelopment Agency (CRA), and a joint venture, the South Central Regional Wastewater Treatment and Disposal Board (the "Board"). Blended Component Unit. The Boynton Beach Community Redevelopment Agency operates under the authority of Florida Statutes Chapter 163, Part III and City Ordinance Number 83-41 to finance and develop certain targeted areas in the City. The City is financially accountable for the CRA and in accordance with City Ordinance Number 11- 009 and pursuant to Florida Statutes, Section 163.357, the Mayor and City Commissioners plus two (2) additional members appointed by the City Commission comprise the governing board of the CRA, and the City approves the CRA's budget and guarantees the CRA's debt. Accordingly, the CRA meets the criteria to blend its activities with the funds of the City's financial statements. The CRA has a September 30 year-end and issues separate, audited financial statements which are available from the CRA at 710 North Federal Highway, Boynton Beach, Florida 33435. 30 Page 100 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) A. REPORTING ENTITY Joint Venture. The South Central Regional Wastewater Treatment and Disposal Board is an independent special district created by the cities of Boynton Beach and Delray Beach to operate a regional wastewater treatment facility serving both cities. The Board's governing body is comprised of the City Commissions of Boynton Beach and Delray Beach, who exercise equal control and oversight. The City accounts for its investment in the Board as a joint venture recorded on the equity method of accounting as discussed in Note 3.E. The Board has a September 30 year-end and issues separate, audited financial statements which are available at their administrative offices located at 1801 North Congress Avenue, Delray Beach, Florida 33445. Related Organizations. The Quantum Park Overlay Dependent District (the "QPODD") was created on October 18, 2005 by City Ordinance 05-061. The Quantum Community Development District ("QCDD") was created on July 16, 1991 by City Ordinance 091-48. The High Ridge/Quantum Community Development District ("High Ridge CDD") was created on August 17, 2004, by City Ordinance 04-062. The QPODD, QCDD and High Ridge CDD are collectively referred to as the Districts and were formed pursuant to the Florida Uniform Dependent District Act of 1980. Members of each District's governing body are elected at a bi-annual meeting of the landowners in the respective District's area, although members of the governing body are subject to removal by the City Commission. The City does not provide funding, approve budgets, retain any financial interest or have any obligation for debt and cannot impose its will on the Districts. Accordingly, the three Districts are not included in the City's financial reporting entity. B. GOVERNMENT- WIDE FINANCIALSTATEMENTS 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, 31 Page 101 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) B. GOVERNMENT --WIDE FINANCIAL STATEMENTS (CONTINUED) 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 Boynton Beach CRA Special Revenue Fund accounts for the activity and redevelopment projects of the CRA covering a specified redevelopment area in downtown Boynton Beach. The American Rescue Fund accounts for revenues and expenditures associated with the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan Act (ARPA), which was signed into law on March 11, 2021. The City reports the following major proprietary funds: The Water and Sewer Fund accounts for the activities related to providing water, wastewater and stormwater services to the public. The Sanitation Fund accounts for the activities related to providing trash collection and disposal services to the public. Additionally, the City reports the following fund types: Internal Service Funds account for the activities related to providing fleet services, risk management, and warehouse services to other departments of the City. Pension Trust Funds account for the activities of the City's three defined benefit pension funds which accumulate resources for pension benefit payments to City employees. 32 Page 102 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 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. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues available if collected within 60 days of the end of the current fiscal year. Property taxes, franchise taxes, public service taxes, state shared revenues and charges for services and investment income associated with the current fiscal period are all considered susceptible to accrual and are recognized as revenues of the current fiscal period. For special assessments, only the portion of the special assessment receivable due within the current fiscal period is considered susceptible to accrual as revenue of the current fiscal period. Business taxes and other revenues collected in advance of periods to which they relate are recorded as unavailable revenues, a deferred inflow of resources. Grant revenue is recorded when the related expenditures/expenses are incurred and the eligibility requirements have been met. All other revenue items are measurable and available only when the City receives the cash. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. E. FINANCIAL STATEMENT PRESENTATION The City maintains its accounting records in accordance with the principles and policies applicable to governmental entities set forth by the Governmental Accounting Standards Board (GASB) as U.S. generally accepted accounting principles (GAAP). 33 Page 103 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) E. FINANCIAL STATEMENT PRESENTATION (CONTINUED) As a general rule, the effect of interfund activity has been eliminated from the government - wide financial statements. Exceptions to this general rule are payments -in -lieu of taxes where the amounts are reasonably equivalent in value to the interfund services provided and other charges between the City's water and sewer function and various other functions of the City. Amounts reported as program revenues include: (1) charges to customers or applicants for goods, services, or privileges provided, (2) operating grants and contributions, and (3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the water and sewer, sanitation, and golf course enterprise funds, and of the City's internal service funds, are charges to customers for sales and services. Operating expenses for enterprise funds and internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Since the principal users of the internal services accounted for in the City's internal service funds are governmental activities, the financial statements of internal service funds are consolidated into the governmental activities column at the government -wide level and the costs of the internal services are charged to the appropriate functional activity. Surpluses or deficits in the internal service funds are allocated back to customers at the government -wide level which creates a reconciling item between the business -type activities column at the government -wide level and the proprietary fund statements at the fund level. 34 Page 104 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 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 or collateralized. The Florida intergovernmental investment pools authorized by the City include the Florida PRIME Fund 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. 35 Page 105 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) F. POOLED CASH AND INVESTMENTS (CONTINUED) FIT is organized by Florida public agencies under Florida Statutes Section 163, the Florida Interlocal Cooperation Act, for the purpose of operating independent investment pools for local governments in Florida and are administered by a Board of Trustees elected by the participants in the pool. FIT is exempt from registration under the Securities Act of 1933, the Investment Company Act of 1940 and the Florida Securities and Investors Protection Act. FIT operates four fixed income funds with differing cash management and investment goals. The fair value of investments in FIT is the net asset value (NAV) of each fund based on the fair value of the fund's underlying investment portfolio as determined by the fund administrator at the end of each month. The City's pension trust funds investments consist of money market mutual funds, U.S. Government and Agency obligations, 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. G. RECEIVABLES Receivables in the governmental funds include delinquent property taxes, billings for general City services, various taxes due from local businesses, and amounts due from other governments for shared revenues, taxes and grants. All property tax and other receivables are reported net of an allowance for uncollectible accounts. 36 Page 106 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) G. RECEIVABLES (CONTINUED) Accounts receivable in the proprietary funds include amounts due for various City services and utilities, provided primarily to local businesses and residents. Accounts receivable are reported net of an allowance for uncollectible accounts determined based on the age of the individual receivable and historical collection trends. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. An allowance for uncollectible accounts has been provided for those accounts where collectability appears to be doubtful. The City does not require collateral from its customers, except for the Water and Sewer Fund, which requires deposits for services. The City maintains an allowance for doubtful accounts at a level which management believes is sufficient to cover potential credit losses. K UNBILLED SER VICE RECEIVABLES The City's enterprise funds recognize revenue on the basis of monthly cycle billings to customers for services provided. As a result of this cycle billing method, there are unbilled receivables at the end of each fiscal year with respect to services provided, but not billed at such date. It is the policy of the City to accrue the unbilled service amounts at year-end. The public service taxes owed to the City on the unbilled services are recorded as receivables in the Public Service Tax Debt Service Fund. All unbilled receivables are billed in the following month. 1 INTERFUND RECEIVABLES AND PAYABLES Activity between funds that represents interfund lending/borrowing that is outstanding at year end is classified as "due to/due from other funds". Any such balances outstanding between governmental activities and business -type activities in the government -wide financial statements are classified as "internal balances." J PREPAID ITEMS AND INVENTORIES Expenditures/expenses for insurance premiums and other administrative expenses extending over more than one accounting period are accounted for as prepaid items/expenses and allocated between accounting periods. Inventories are valued at average cost which approximates market. Inventories are accounted for using the consumption method, whereby inventories are recorded as expenditures in the period when used. 37 Page 107 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) K INVESTMENT IN JOINT VENTURE The City accounts for its investment in the jointly owned South Central Regional Wastewater Treatment and Disposal Board as a joint venture recorded on the equity method of accounting. This investment is included in the City's Water and Sewer Enterprise Fund statement of net position as Investment in Joint Venture. L. RESTRICTED ASSETS The City classifies certain amounts of pooled cash and investments in the Water and Sewer Enterprise Fund as restricted assets because their use is legally restricted for monies held for customers as security deposits, revenue bond covenant requirements and capital improvements. The net position of the Water and Sewer Enterprise Fund is restricted to the extent that restricted assets exceed liabilities payable from restricted assets. M CAPITAL ASSETS Capital assets include land, intangibles, buildings, equipment, and infrastructure. The City reports these assets in the applicable governmental or business -type activities columns in the government -wide statement of net position and in the statements of net position for enterprise and internal service funds. The City defines capital assets as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. 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. Page 108 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) M. CAPITAL ASSETS (CONTINUED) 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. 39 Page 109 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 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. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as debt issuance costs, during the current period. The debt issued and premiums received on debt issuances are reported as other financing sources, while discounts on debt are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. Q. DEFERRED OUTFLOWS /INFLOWS OF RESOURCES In addition to assets and liabilities, the government -wide statement and proprietary funds statements of net position report a separate section for deferred outflows or deferred inflows of resources. The separate financial statement element, deferred ou flows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until that time. The City reports deferred charges on debt refundings and deferred amounts related to other postemployment benefits (OPEB) and pensions as deferred outflows of resources on the government -wide statement of net position. The deferred charges on debt refundings were losses resulting from the difference in the carrying value of refunded debt and its reacquisition price. These amounts are deferred and amortized over the shorter of the life of the refunded or refunding debt. The deferred amounts related to OPEB and pensions result from differences between expected and actual experience and investment earnings, changes in assumptions, or other actuarial inputs. The deferred amounts are amortized to OPEB and pension expense in a systematic and rational manner over a period equal to the average expected remaining service lives of employees provided with benefits through the OPEB and pension plans, including inactive employees. .N Page 110 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Q. DEFERRED OUTFLOWS/INFLOWS oFRESOURCEs (CONnNUED) The separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenues) until that time. The City's deferred inflows of resources on the government -wide and proprietary funds statements of net position consist of deferred amounts related to OPEB and pensions. The deferred inflows of resources related to OPEB and pensions results from differences between expected and actual experience which are deferred and included in OPEB and pension expense in a systematic and rational manner over a period equal to the average of the expected remaining service lives of all employees that are provided with benefits through the OPEB and pension plans (active employees and inactive employees). The City also has one item, unavailable revenues, which arises only under the modified accrual basis of accounting and is reported as a deferred inflow of resources on the governmental funds balance sheet. The unavailable revenues include amounts received in advance for business licenses, grants and long-term receivables for various housing assistance programs provided by the City. These amounts are deferred and recognized as an inflow of resources in the year that the amounts become available. R. NET PosmoN/FUND BALANCE Net Position Net position of the government -wide and proprietary funds are categorized as net investment in capital assets, restricted or unrestricted. Net investment in capital assets is that portion of net position that relates to the City's capital assets net of accumulated depreciation and net of related deferred inflows/outflows reduced by the portion of the assets that have been acquired through the use of long-term debt. This amount is offset by any unspent debt proceeds that are outstanding at fiscal year-end. Restricted net position is that portion of net position that has been restricted for general use by external parties (creditors, grantors, contributors, or laws or regulations of other governments) or imposed by law through constitutional provisions or enabling legislation. The government -wide statement of net position reports governmental activities restricted net position and business -type activities restricted net position and the proprietary funds statement of net position reports restricted net position for the following purposes: Public Safety — Net position of the governmental activities are restricted for certain funds that are legally restricted by Florida Statutes to law enforcement capital expenditures and police education. 41 Page 111 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) R. NET POSITION/FUND BALANCE (CONTINUED) Net Position (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. 42 Page 112 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) R. NET POSITION/FUND BALANCE (CONTINUED) Fund Balance (continued) 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. S. PROPERTY TAXES Ad valorem property taxes are assessed as of January 1 and levied the following October. Property taxes are due March 31 and become delinquent on April 1. Delinquent tax certificates are sold on June 1 and become a lien on the property. All property taxes are collected by the Palm Beach County Tax Collector and remitted to the City. Revenue is recognized at the time monies are received from Palm Beach County. At September 30, estimated unpaid delinquent taxes are recorded as a receivable and offset by an allowance for estimated uncollectability. State Statutes permit municipalities to levy property taxes at a rate not to exceed 10 mills ($10.00 for each $1,000 of assessed valuation). 43 Page 113 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) S. PROPERTY TAXES (CONnNUED) During 2007, the Florida Legislature passed property tax reform legislation limiting the property tax levies of local governments in the State of Florida. Local governments that adopt a property tax levy in excess of the limit under State law will lose their Half -Cent Sales Tax distribution from the State for the succeeding twelve months. For the fiscal year ended September 30, 2021, the maximum tax levy allowed by a majority vote of the governing body is generally based on a percentage adjustment applied to the prior year (2019/2020) property tax revenue. The percentage adjustment is calculated based on the compound annual growth rate in the per capita property taxes levied for five preceding fiscal years. State law allows local governments to adopt a higher millage rate based on the following approval of the governing body: 1) a majority vote to adopt a rate equal to the adjusted current year rolled -back millage rate plus an adjustment for growth in per capita Florida personal income; 2) a two-thirds vote to adopt a rate equal to the adjusted current year roll back millage rate plus 10%; or, 3) any millage rate approved by unanimous vote of the governing body or voter approved referendum. T. ON -BEHALF PAYMENTS The City receives on -behalf payments from the State of Florida to be used for Police Officers and Firefighters pension benefits. These on -behalf payments are recorded as intergovernmental revenue and public safety expenditures in the GAAP basis government - wide and General Fund financial statements, but are not budgeted and therefore are not included in the General Fund budgetary comparison statement. On -behalf payments to the City totaled $1,890,308 for the fiscal year ended September 30, 2021. U. INTERFUND TRANSACTIONS Transactions between funds during the year consisted of loans, services provided, reimbursements and transfers. Loans are reported in the fund financial statements as Due from Other Funds and Due to Other Funds as appropriate and are subject to elimination in the government -wide financial statements. The outstanding balances between funds result mainly from the time lag between the dates that 1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. Page 114 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) U. INTERFUND TRANSACTIONS (coNTINUED) Services, deemed to be reasonably equivalent in value, are treated as revenue and expenditures/expenses. Reimbursements are when one fund incurs a cost, charges the appropriate benefiting fund and reduces its related cost as a reimbursement. All other interfund transactions are presented as transfers. Transfers within the governmental and business -type activities are eliminated in the government -wide financial statements. V. USE OF ESTIMATES Management uses estimates and assumptions in preparing financial statements in accordance with GAAP. Those estimates and assumptions affect the reported amounts of assets, liabilities and deferred inflows/outflows, the disclosure of contingent assets and liabilities, and the reported revenues and expenses/expenditures. Actual results could vary from the estimates that were used. W IMPLEMENTATION OF GASB ,STATEMENTS The following GASB Statements were effective for the City during the fiscal year ended September 30, 2021. • 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. • 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. • GASB Statement No. 95, Postponement of the Effective Date of Certain Authoritative Guidance, extends the effective dates of certain accounting and financial reporting provisions in Statements and Implementation Guides that were first effective for reporting periods beginning after June 15, 2018. The adoption of GASB No. 95 did not have an impact on the City financial statements. • GASB Statement No. 98, The Annual Comprehensive Financial Report, establishes the term annual comprehensive financial report and its acronym ACFR. That new term and acronym replace instances of comprehensive annual financial report and its acronym in GAAP for state and local governments. 45 Page 115 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) X. RECENTACCOUNTING 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. 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. 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. .e Page 116 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) X RECENTACCOUNTING PRONOUNCEMENTS (CONTINUED) • 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. NOTE 2 - STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY A. CONCENTRATION OF CREDIT RISK The City performs ongoing credit evaluations of its customers and generally does not require collateral, except for customer deposits in the City's Water and Sewer Fund. The City maintains an allowance for uncollectible accounts at a level which management believes is sufficient to cover potential credit losses. Generally, the allowance includes accounts over 90 days past due. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. Subsequent collections on accounts that were previously written off are recorded as revenue in the year received. B. ENCUMBRANCES Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as part of the budgetary accounting system in the general, special revenue and capital projects funds. However, all encumbrances outstanding at year end lapse. 47 Page 117 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 2 - STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY (CONTINUED) C BUDGETS AND THE BUDGETING PROCESS The City follows these procedures in establishing the budgetary data reflected in the financial statements: 1) Prior to July 15, the City Manager submits a tentative budget to the City Commission for consideration and approval. The budget is prepared by fund, function and activity, and is made available to the public at this time. 2) Informal budget workshops are held by the City Commission to review the proposed budget and to obtain public comment. 3) The City advises the Palm Beach County Tax Collector of the proposed millage rate, the rolled -back millage rate, and the day, time and place of the public hearing for budget acceptance. 4) The public hearing is held to obtain final taxpayer input and to adopt the final budget. 5) The budget and related millage rates are legally enacted through passage of an ordinance. 6) Changes or amendments to the total budgeted expenditures of a fund and transfers between funds must be approved by the City Commission. There were six budget amendments that decreased the General Fund budgeted revenues by $32,953 and decreased budgeted expenditures by $595,081 for the fiscal year ended September 30, 2021. Various other non -major funds were adjusted to recognize additional revenues and unforeseen expenditures and to provide a budget for various transfers. Department heads may transfer appropriations within their department with the approval of the Financial Services Department. Changes or amendments to total budgeted expenditures of a department require approval of the City Manager. Accordingly, the legal level of control for budget appropriations is exercised at the fund level. Appropriated budgets are legally adopted on a modified -accrual basis for the following funds: 1) General Fund; 2) Boynton Beach CRA Special Revenue, Local Option Gas Tax, Community Improvements, Public Art, Recreation Program, Boynton Beach Memorial Park (special revenue funds); 3) Public Service Tax Debt Service (debt service fund); and, 4) General Capital Improvements (capital projects fund). The General Fund revenues and expenditures reported in the Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual differ from the revenues and expenditures reported on the GAAP Basis because on -behalf payments from the State of Florida for Police Officers' and Firefighters' pensions are not budgeted in the General Fund. For fiscal year September 30, 2021, the American Rescue Fund did not have a legally adopted budget. Page 118 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 2 - STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY (CONTINUED) C BUDGETS AND THE BUDGETING PROCESS (cONTINUED) The General Fund differences in revenues and expenditures are reconciled as follows: Budgetary basis On -behalf payments for pension benefits GAAP Basis Revenues Expenditures $ 78,818,211 $ 95,080,348 1,890,308 1,890,308 $ 80,708,519 $ 96,970,656 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, Community Improvements Fund, and Public Art Fund (special revenue funds) had deficit fund balances of $160,161, $449,009, and $226,771, respectively, at September 30, 2021. For the Grants Fund, the deficit was caused by program expenditures that were paid but not eligible for grant reimbursement until 60 days after the end of the current fiscal year. For the Community Improvements Fund, the deficit was caused by lower than expected revenues for the City's low-income home improvement program. 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 2022. Those expenditures within these funds have been consistent; however, the revenues fluctuate year to year. The City anticipates that revenues will increase over the next two fiscal years as larger new projects begin. . • Page 119 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 2 - STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY (CONTINUED) D. DEFICIT FUND EQUITY (CONTINUED) The Warehouse Fund and Self Insurance Fund (internal service funds) had a deficit net position of $125,837 and $2,270,713, 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. NOTE 3 -DETAILED NOTES ON ALL FUNDS A. INVESTMENTS The City has adopted an investment policy to establish guidelines for the efficient management of its cash reserves. The City's investment policy limits permitted investments to the following: 1) Florida PRIME Fund or any authorized intergovernmental investment pool pursuant to Florida Statues Section 163.01 may comprise up to 60% of the portfolio and 50% of the portfolio for investments with a floating net asset value (NAV). Individual issuers are limited to a maximum of 35% of the portfolio and 20% of the portfolio for investments with a floating NAV. Investment pools must have a minimum credit rating of AAf by a Nationally Recognized Statistical Rating Organization (NRSRO). 2) United States Government negotiable direct obligations guaranteed by the United States Government may comprise up to 100% of the portfolio with the exception of Treasury Strips which are limited to 10% of the portfolio. Maturities are limited to 5 years from the date of settlement. 3) United States Government Agency bonds, debentures, notes, or callable securities issued or guaranteed by the United States Government may comprise up to 100% of the portfolio. Individual issuers are limited to a maximum of 40% of the portfolio. Maturities are limited to 5 years from the date of settlement. 4) Federal Instrumentalities that are negotiable direct obligations or obligations the principal and interest of which are issued or guaranteed by United States Government sponsored enterprises may comprise no more than 80% of the portfolio. Individual issuers may comprise no more than 40% of the portfolio. Maturities are limited to 5 years from the date of settlement. Eligible securities must be senior debt obligations issued by an Instrumentality carrying the same credit rating by two NRSROs as that of the U.S. Treasury. Securities of such an Agency or Instrumentality with a rating below that of the U.S. Treasury may be considered corporate debt. 50 Page 120 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNUED) 5) Mortgage -Backed Securities guaranteed by a U.S. Government Agency may comprise no more than 20% of the portfolio. Individual issuers may comprise no more than 5% of the portfolio. Maturities are limited to 5 years from the date of settlement. The date corresponding to its average life is considered to be its maturity. Eligible securities must be senior debt obligations with the same credit rating as U.S. Treasury obligations by two NRSROs. Securities of such an Agency or Instrumentality with a rating below that of the U.S. Treasury may be considered corporate debt. The following securities are not permitted: securities collateralized with any portion of Sub -Prime Mortgages or Alt -A Mortgage obligations, collateralized debt obligations, collateralized bond obligations, collateralized loan obligations, Structured Investment Vehicles, or Special Purpose Entity Obligations. 6) Non-negotiable interest bearing certificates of deposit with a financial institution secured by Chapter 280, Florida Statutes, may comprise up to 40% of the portfolio. Individual issuers may comprise a maximum of 20% of the portfolio. Maturities are limited to 3 years from the date of settlement. At the time of deposit, the financial institution must have a minimum 3 -star rating from Bauer Financial. Financial institutions with ratings below 3 -stars are limited to FDIC insured amounts. 7) Money market savings accounts in a Qualified Public Depository may comprise up to 100% of the portfolio. Individual depositories are limited to 25% of the portfolio, except for accounts with the City's main depository institution, which can be up to 100%. The money market savings account must have daily liquidity and the financial institution must have a minimum 3 -star rating from Bauer Financial. Financial institutions with a rating below 3 stars are limited to FDIC insured amounts. 8) Repurchase agreements may be comprised of only those investments set forth by the City's Master Repurchase Agreement. A third party custodian shall hold collateral for all repurchase agreements with a term longer than one business day. The mark - to -market value of collateral must be a minimum of 102% during the term of the repurchase agreement. Repurchase agreements may comprise a maximum of 20% of available funds. One business day agreements and overnight sweep agreements are limited to a maximum of 50% of the portfolio. A maximum of 10% of available funds may be invested with any one financial institution. One business day and overnight sweep agreements are limited to a maximum of 30% of the portfolio. Maturities are limited to 90 days from the date of settlement. At the time of purchase, the repurchase agreement counterparty must have a minimum rating of A by two NRSROs. 51 Page 121 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNUED) 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. 52 Page 122 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNUED) 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; 8) Mortgage-backed securities guaranteed or fully insured by Ginnie Mae (formerly the Government National Mortgage Association), the Federal Home Loan Mortgage Corporation (FHLMC), Fannie Mae (formerly the Federal National Mortgage Association), or rated "Aaa" by Moody's or "AAA" by S&P; 9) Common stocks, with investments in stocks of foreign companies limited to 20% (at cost) of the total investment portfolio and stocks publicly traded for less than one year limited to 15% of the equity portfolio; and, 10) Mutual funds, commingled funds, limited partnerships, real estate held in commingled funds, and absolute or real return investments held in commingled funds. 53 Page 123 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNUED) Police Officers' Pension Fund The investment policy of the Police Officers' Pension Fund limits investments to the following: 1) Time or saving accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings and loan association insured by the Saving Insurance Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund; 2) Obligations issued by the U.S. Government or obligations guaranteed as to principal and interest by the government of the United States; 3) Bonds issued by the State of Israel; 4) Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States or the District of Columbia provided the corporation is listed on one or more of the recognized national exchanges or on the National Market System of the NASDAQ stock market and, in the case of bonds only, the average rating of such bonds shall be no lower than "AA" by S&P; 5) Real estate investment trusts (REIT'S); and, 6) Commingled stock, bond, or money market funds and institutional mutual funds whose investments are restricted to securities meeting the criteria outlined above. Investments in stocks and convertible securities are limited to 65% of the portfolio cost. Firefighters' Pension Fund The investment policy of the firefighters' pension fund limits investments to the following: 1) Bonds, notes, or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof and notes, bonds, or other obligations of Agencies of the United States; 2) State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full faith and credit of the state; 54 Page 124 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 —DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONTINUED) Firefighters' Pension Fund (continued) 3) Certificates of deposit or savings accounts in Florida qualified public depositories; 4) Bankers Acceptances, which are accepted by a member bank of the Federal Reserve System having total deposits of not less than $400 million; 5) Commercial paper, of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service; 6) Negotiable certificates of deposit by domestic or foreign financial institutions denominated in U.S. dollars; 7) Common stocks, preferred stocks, pooled equity funds, and foreign stocks provided that the investments in stocks and convertible securities are limited to 70% of the portfolio cost; and, 8) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, wherein the portfolio is limited to U.S. Government obligations and to repurchase agreements fully collateralized by such U.S. Government obligations. A summary of deposits and investments reported on the statement of net position and statement of fiduciary net position for the City is as follows: 55 Page 125 of 946 Pooled Cash and Investments Pension Cash and Investments Unrestricted Restricted Cash Investments Total Government activities $ 68,074,818 $ $ $ $ 68,074,818 Business -type activities 23,703,584 52,855,837 76,559,421 Total Statement of Net Position 91,778,402 52,855,837 144,634,239 Pension Trust Funds 1,369,984 526,111,348 527,481,332 Total Cash and Investments $ 91,778,402 $ 52,855,837 $ 1,369,984 $ 526,111,348 $ 672,115,571 55 Page 125 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 —DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNUED) The following summary presents the components of the City's cash, pooled cash and investments and investments at September 30, 2021: 56 Page 126 of 946 Fair Value at September 30, 2021 Unrestricted Restricted Pension Total Cash Petty cash $ 5,525 $ $ $ 5,525 Deposits with financial institutions 5,681,894 48,634,651 1,369,984 55,686,529 Total Cash 5,687,419 48,634,651 1,369,984 55,692,054 Investments Money market mutual funds 8,381,322 8,381,322 Florida PRIME Fund 2,801,405 2,801,405 Florida Fixed Income Trust (FIT) 84,090,983 1,419,781 85,510,764 Israel Government Bond 2,000,000 2,000,000 U.S. Government and Agency obligations 32,789,701 32,789,701 Mortgage-backed securities 3,844,665 3,844,665 Corporate obligations 14,628,908 14,628,908 Equity securities 95,379,265 95,379,265 Equity mutual funds 161,009,752 161,009,752 Equity investment funds 106,407,199 106,407,199 Fixed income investment funds 46,389,766 46,389,766 Alternative investments: Domestic fixed income funds 3,748,455 3,748,455 Real estate investment funds 53,532,315 53,532,315 Total Investments 86,090,983 4,221,186 526,111,348 616,423,517 Total Cash and Investments $ 91,778,402 $ 52,855,837 $ 527,481,332 $ 672,115,571 56 Page 126 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (cONnNUED) Fair Value of Investments: The City and the Pension Trust Funds (the "Funds") follows the provisions of GASB Statement No. 72, Fair Value Measurement and Application, which establishes a framework for measuring the fair value of investments in a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives highest priority to unadjusted quoted prices in active markets for identical assets (Level 1 measurements) and the lowest priority to unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy under GASB Statement No. 72 are described below: Level l: Inputs to the valuation methodology are unadjusted quoted prices for identical assets in active markets that the City and Funds have the ability to access at the measurement date. Level 2: Inputs to the valuation methodology include the following: • Quoted prices for similar assets in active markets. • Quoted prices for identical or similar assets in inactive markets. • Inputs other than quoted prices that are observable for the assets. • Inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset has a specified contractual term, the Level 2 input must be observable for substantially the full term of the asset. Level 3: Inputs to the valuation methodology are unobservable and significant to the fair value measurement. These unobservable inputs reflect the entity's own estimates for assumptions that market participants would use in pricing the asset or liability. Valuation techniques would typically include discounted cash flow models and similar techniques, but may also include the use of market prices of assets that are not directly comparable to the subject asset. The fair value measurement of an asset within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. The categorization of an investment within the fair value hierarchy is based upon the pricing transparency of the investment and does not necessarily correspond to the City's and Funds' perceived risk of that investment. 57 Page 127 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONTINUED) Valuation Methodologies: The valuation methods and assumptions used by the City and the Pension Trust Funds in estimating the fair value of financial instruments measured at fair value on a recurring basis under GASB Statement No. 72, were as follows: Equity securities, equity mutual funds, equity investment funds and international equity investment funds: Valued at the closing price or net asset value reported on the active exchange on which the individual securities and mutual funds are actively traded. U.S. Government and Agency obligations, municipal obligations, mortgage-backed securities, corporate obligations, fixed income investment funds and Israel Government bond: Valued at the closing price or net asset value reported on the active exchange on which the individual securities or funds are actively traded. Securities that are not actively traded are valued by the investment manager using a matrix pricing technique based on the securities' relationship to quoted benchmark prices. Certain fixed income investment funds include private corporate obligations that are not traded and are valued by the investment manager using proprietary models. Investments measured at net asset value (NAV): The Florida Fixed Income Trust, certain equity investment funds, certain fixed income investment funds and real estate investment funds are valued at the unadjusted NAV per share at September 30, 2021, calculated in a manner consistent with GAAP for external governmental investment pools and private investment companies based on the fair value of the underlying fund investments as determined by the fund manager, if available, or by valuations of a fund's underlying assets as provided by the general partner or investment manager, since the assets are not publicly traded. Real estate values are based upon appraisals performed for assets held by the fund, or estimated by the fund manager, if appraisals are not performed or available. The fair value of real estate is the price that would be received if the asset was sold to a market participant assuming the highest and best use of each asset at the measurement date. The alternative investment funds are not publicly traded and invest in various types of equity or fixed income securities, as applicable. These alternative investment funds may hold certain investments which are not marketable and may be valued by a single market maker. While the fund managers use their best judgment in estimating the fair values of underlying investments, there are inherent limitations in any estimation technique. Accordingly, the fair values of the alternative investment funds may be estimated by the management of the pension funds and their investment advisors in the absence of readily ascertainable market values. Page 128 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (coNnNUED) The methods and assumptions used by the City and the Funds may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. While the City and the Funds believe its valuation methodologies are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date. There were no changes in the methods and assumptions used for the year ended September 30, 2021. Fair Value oflnvestments: The financial assets measured at fair value on a recurring basis include the City's and the Funds' investments. There were no liabilities measured at fair value on a recurring basis at September 30, 2021. The money market mutual funds and Florida PRIME Fund are reported at amortized cost and are included in the following fair value table for reconciliation purposes only. The fair value of the City's and the Pension Trust Funds' investments at September 30, 2021 is summarized as follows: Fair Value at September 30, 2021 Level Level Level Total Fixed Income Investments U.S. Government and Agency obligations $ $ 32,789,701 $ $ 32,789,701 Mortgage-backed securities 3,844,665 3,844,665 Corporate obligations 14,628,908 14,628,908 Fixed income investment funds 7,335,868 582,709 7,918,577 Israel Government bond 2,000,000 2,000,000 Total Fixed Income Investments 2,000,000 58,599,142 582,709 61,181,851 Equity Investments Equity securities 95,379,265 95,379,265 Equity mutual funds 103,022,526 103,022,526 Equity investment funds 29,294,579 20,367,562 49,662,141 International equity investment funds 28,692,647 28,692,647 Total Equity Investments 256,389,017 20,367,562 276,756,579 Total Investments at Fair Value $ 258,389,017 $ 78,966,704 $ 582,709 337,938,430 (Balance Forward) 59 Page 129 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 —DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNUED) (Balance Forward) 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. At September 30, 2021, certain alternative funds have unfunded commitments of approximately $2,071,000. The redemption notice period is 90 days. Distribution or withdraw requests must be made 60 days in advance and may be paid in one or more installments. Another alternative investment is in real estate investment fund which are structured as limited partnerships with a primary focus to invest in income producing property in major U.S. markets. The fair values of the investments have been determined using net asset value per unit of the Trusts ownership interest in the partners' capital. Real estate investment fund distributions are received through the liquidation of the underlying real estate assets of the fund. It is expected by the fund managers that the underlying assets of this fund would be liquidated over the next five to eight years. Page 130 of 946 Fair Value at September 30, 2021 Level Level Level Total Investments Measured at NAV Florida Fixed Income Trust (FIT) 85,510,764 Alternative Investment funds: Equity investment funds 86,039,637 Fixed income investment funds 42,219,644 Real estate investment funds 53,532,315 Total Investments at NAV 267,302,360 Investments at Amortized Cost Money market mutual funds 8,381,322 Florida PRIME Fund 2,801,405 Total Investments at Amortized Cost 11,182,727 Total Investments $ 616,423,517 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. At September 30, 2021, certain alternative funds have unfunded commitments of approximately $2,071,000. The redemption notice period is 90 days. Distribution or withdraw requests must be made 60 days in advance and may be paid in one or more installments. Another alternative investment is in real estate investment fund which are structured as limited partnerships with a primary focus to invest in income producing property in major U.S. markets. The fair values of the investments have been determined using net asset value per unit of the Trusts ownership interest in the partners' capital. Real estate investment fund distributions are received through the liquidation of the underlying real estate assets of the fund. It is expected by the fund managers that the underlying assets of this fund would be liquidated over the next five to eight years. Page 130 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (coNnNUED) Credit Risk: Credit risk is the risk that a debt issuer will not fulfill its obligations. The investment policies of the City and the pension funds utilize portfolio diversification to control this risk as well as limiting investments to investment grade (BBB) securities as rated by nationally recognized statistical rating organizations at the time of purchase. The S&P ratings for the City and Pension Funds' investments at September 30, 2021, are summarized as follows: Investment Type Rating Fair Value U.S. Government and Agency obligations AA $ 26,033,863 U.S. Government and Agency obligations Not rated 6,755,838 Mortgage-backed securities Not rated 3,844,665 Corporate obligations AA+ to BBB 14,628,908 Fixed income investment funds (FIT) AA 7,918,577 Israel Government bond Not rated 2,000,000 Florida Fixed Income Trust AAAf 85,510,764 Money market mutual funds AAA to AA 8,381,322 Florida PRIME Fund AAAm 2,801,405 Fixed income investment funds AA 38,471,189 Fixed income investment funds Not rated 11,667,032 Custodial Credit Risk: Custodial credit risk is defined as the risk that the City may not recover cash and investments held by another party in the event of financial failure. The City investment policy requires cash and investments to be fully insured or collateralized, or held in independent custodial safekeeping accounts in the City's name. At September 30, 2021, all investments were held in independent custodial safekeeping accounts, except for investments considered unclassified pursuant to GASB Statement No. 3, as amended, which include the Florida Fixed Income Trust investment pool, Florida PRIME Fund, money market mutual funds and alternative investment funds. Concentration of Credit Risk: Concentration of credit risk is defined as the risk of loss attributed to the magnitude of an investment in a single issuer. For all investments of the City, including those in the City's three pension funds, securities of a single issuer are limited to no more than 5% of the total investment portfolio. Mutual funds and investment pools are excluded from the concentration of credit risk disclosures. 61 Page 131 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNUED) Interest Rate Risk: Interest rate risk is the risk that changes in interest rates will adversely affect the fair value of an investment in fixed income securities. Generally, the longer the time to maturity, the greater the exposure to interest rate risks. The City's investment policy limits the maturities of fixed income investments to five years from the date of purchase, unless the investment is matched with a specific cash flow. The investment policies of the three pension funds provide no specific limitations on the maturity of investments, but require the investment portfolios to be structured in a manner as to provide sufficient liquidity to pay obligations as they come due. To the extent possible, investment maturities are matched with the known cash needs and anticipated cash-flow requirements. The Florida PRIME Fund and money market mutual funds held by the City and the Pension Funds have a weighted average maturity of less than 90 days. The City's investment in the Israel Government bond has a scheduled maturity of February 1, 2021. The table below summarizes the average effective duration of the City's investment in the Florida Fixed Income Trust (FIT) investment pools and the fixed income investments of the Police Officers' and Firefighters' Pension Funds at September 30, 2021: City Florida Fixed Income Trust: (FIT) Cash Pool Enhanced Cash Pool Florida PRIME Israel Bond Pensions General Employees' Pension Fund: U.S. Government obligations Mortgage back securities Corporate obligations Police Officers' Pension Fund: Fixed income investment funds Firefighters' Pension Fund U.S. Government obligations Corporate obligations Fixed income investment funds Reported Effective Value Duration $ 45,231,377 0.3 years 40,279,387 0.6 years 2,801,405 Under 90 days 2,000,000 Matures 2-1-21 6,755,838 6.4 years 3,844,665 > 10 years 3,493,546 6.1 years 38,471,189 6.3 years 26,033,863 5.1 years 11,135,362 6.4 years 11,667,032 Not available 62 Page 132 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (coNnNUED) The Florida Fixed Income Trust (FIT) investment pools include the Cash Pool and Enhanced Cash Pool. The Cash Pool is a high quality money market alternative that provides the fund manager flexibility in the portfolio's investments and duration compared to traditional money market mutual funds. The Cash Pool has a floating rate NAV, but is managed in a manner that strives to maintain a fixed NAV of $1.00 per share. The Enhanced Cash Pool is managed to provide growth and a longer investment time horizon of 3 to 18 months. The Enhanced Cash Pool invests in short-term fixed income securities rated A or higher and is managed to provide a target effective duration of 0.5 years. The Enhanced Cash Pool has a floating rate NAV based on the underlying fair value of the portfolio. Investments in both funds may be withdrawn on a next day basis without limitation at any time during normal business hours. Investments in both funds are unsecured and collateralized only by the securities in the fund portfolio. Foreign Currencv 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, 2021 the Pension Trust Funds' investments included $28,692,647 invested in a U.S. dollar denominated international equity investment fund. Other Risks: The value, liquidity, and related income of certain fixed income securities that have contractual cash flows and weighted average maturities or an effective duration in excess of one year, such as mortgage-backed securities, collateralized mortgage obligations, and alternative investment funds or mutual funds investing in these types of securities or entities, are particularly sensitive to changes in financial markets and economic conditions, including real estate values, delinquencies or defaults, or both, and may be adversely affected by shifts in the market's perception of the issuers and changes in interest rates. In addition, such securities are also subject to prepayment risk and liquidity risk which can adversely affect the fair value and/or income of the investment. Due to the various risks associated with the City's and the Pension Trust Funds' investments, it is at least reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the accompanying financial statements. 63 Page 133 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 —DETAILED NOTES ON ALL FUNDS (CONTINUED) B. RECEIVABLES Receivables (excluding restricted assets - accounts receivable) for the City's individual major funds and non -major funds in the aggregate, including the applicable allowances for uncollectible accounts, at September 30, 2021 are as follows: Fund Receivables, Billed Services Receivables, Unbilled Services Due From Other Governments Public Services Taxes Allowance Uncollectible Accounts Total Receivables, Net General Fund $ 7,793,001 $ $ 716,513 $ $ (5,371,150) $ 3,138,364 Special Revenue Fund 15,708 15,708 Non -Major Govern- mental Funds 189,734 53,222 1,612,872 870,733 (30,303) 2,696,258 Water and Sewer Fund 5,124,835 1,871,260 3,313 (517,251) 6,482,157 Sanitation Fund 1,103,188 452,288 (241,946) 1,313,530 Non -Major Enterprise Funds 100 2,525 2,625 Total $ 14,226,566 $ 2,376,770 $ 2,329,385 $ 876,571 $ (6,160,650) $ 13,648,642 The amounts due from other governments at September 30, 2021 are summarized as follows: Due from Palm Beach County $ 643,791 Due from State of Florida 926,591 Due from U.S. Government 759,003 Total Due From Other Governments $ 2,329,385 The CRA established a Homebuyer Assistance Program to assist residents with the purchase of a home by providing a subsidy of up to $50,000 per homeowner. The subsidy is secured by a mortgage note payable on the residence, which require repayment by the property owner only under certain circumstances, such as the sale of the property, and is forgiven if the homeowner remains in the home for the full term specified in the agreement. The amount of these mortgage notes receivable outstanding at September 30, 2021, totaled $1,345,872. Given the nature of these loans and that there is no right to demand payment; the CRA does not expect to collect the receivables. Accordingly, the CRA charges the homeowner loans to expenditures when approved and does not recognize these notes receivable in the financial statements. Page 134 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) B. RECEIVABLES (CONTINUED) The City has a Community Development Block Grant with the U.S. Department of Housing and Urban Development (HUD) to assist local property owners with rehabilitation and preservation of their personal residence. The assistance is secured by a mortgage note payable on the residence, which requires repayment by the property owner only under certain circumstances, such as the sale of the property, and is forgiven if the property owner remains in the property for the full term specified in the agreement, typically ten years. The amount of these mortgage notes receivable outstanding at September 30, 2021 totaled $4,403,004. Given the nature of these loans and that there is no right to demand payment; the City does not expect to collect the receivables. Accordingly, the City charges the homeowner loans to expenditures when approved and does not recognize these notes receivable in the financial statements. C RESTRICTED ASSETS In connection with City ordinances governing the issuance of water and sewer system revenue bonds, the City is required to invest and restrict pooled cash and investments and accounts receivable held for customer deposits, bond requirements and unspent bond proceeds held for capital improvements of the water and sewer system. 65 Page 135 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) G RESTRICTED ASSETS (CONTINUED) The restricted assets and liabilities payable from restricted assets in the Water and Sewer Fund at September 30, 2021, are summarized as follows: Liabilities Payable from Re s tric to d As s e is Customer deposits Revenue bonds payable, current Accrued revenue bond interest Total Liabilities Net Restricted Assets Less unspent bond proceeds allocated to revenue bonds payable Net Position Restricted for Revenue Bond Covenants (1,601,081) -- -- (5,760,000) -- (516,491) (1,601,081) (6,276491) -- 3,511,829 $ -- $ 3,511,829 -- (1,601,081) -- (5,760,000) -- (516,491) -- (7,877,572) 41,504,989 45,016,818 (41,504,989) (41,504,989) $ -- $ 3,511,829 66 Page 136 of 946 Restricted For Customer Revenue Bond Capital Deposits Covenants Improvements Total Restricted Assets Pooled cash and investments $ 1,562,528 $ 9,788,320 $ 41,504,989 $ 52,855,837 Accounts receivable 38,553 -- -- 38,553 Total Restricted Assets 1,601,081 9,788,320 41,504,989 52,894,390 Liabilities Payable from Re s tric to d As s e is Customer deposits Revenue bonds payable, current Accrued revenue bond interest Total Liabilities Net Restricted Assets Less unspent bond proceeds allocated to revenue bonds payable Net Position Restricted for Revenue Bond Covenants (1,601,081) -- -- (5,760,000) -- (516,491) (1,601,081) (6,276491) -- 3,511,829 $ -- $ 3,511,829 -- (1,601,081) -- (5,760,000) -- (516,491) -- (7,877,572) 41,504,989 45,016,818 (41,504,989) (41,504,989) $ -- $ 3,511,829 66 Page 136 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) D. 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, 2021, 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, 2021, the City's 50% equity interest in the net position of the Board totaled $16,095,897 plus land purchased by the City in the amount of $554,612 for a total investment of $16,095,897. This investment has been included in the City's Water and Sewer Enterprise Fund statement of net position as Investment in Joint Venture. 67 Page 137 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) D INVESTMENT IN REGIONAL WASTEWATER TREATMENT PLANT (CONTINUED) At September 30, 2021, the City had a receivable from and a payable to the Board of $797,424 and $334,984, respectively. For the year ended September 30, 2021, the City paid approximately $4.6 million to the Board for operating expenses, repairs and replacement and capital charges. Each individual city is responsible for setting the rates and collecting charges for wastewater disposal from customers within its jurisdiction. Financial information (rounded) relating to the Board as of and for the years ended September 30, 2021 and 2020 is as follows: Current and other assets Capital assets, net Total Assets Current liabilities Noncurrent liabilities Total Liabilities Net Position Net Position 2021 2020 $12,319,000 $11,983,000 34.771.000 37.062.000 47,090,000 49,045,000 2,486,000 2,327,000 12,412,000 13,231,000 14,898,000 15,558,000 $ 32,192,000 $ 33,487,000 Changes in Net Position 2021 2020 Charges for services Operating grants and contributions Capital grants and contributions Operating expenses Operating Loss Investment and other revenues Transfers to joint venture participants Changes in Net Position $ 8,422,000 $ 8,304,000 1,200,000 1,200,000 853,000 435,000 (10,517,000) (10,872,000) (42,000) (933,000) 123,000 142,000 (1,375,000) (852,000) $ (1,294,000) $ (1,643,000) Separate, audited financial statements of the Board can be obtained by contacting the South Central Regional Wastewater Treatment and Disposal Board, 1801 North Congress Avenue, Delray Beach, FL 33445. Page 138 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) E. CAPITAL AssETs Capital asset activity for the year ended September 30, 2021, was as follows: Governmental Activities Non -depreciable assets: Land Construction in progress Total Non -Depreciable Assets Depreciable Assets Buildings and improvements Machinery, equipment, and vehicles Infrastructure Total Depreciable Assets Less Accumulated Depreciation Buildings and improvements Machinery, equipment, and vehicles Infrastructure Total Accumulated Depreciation Total Depreciable Assets, Net Governmental Activities Capital Assets, Net Beginning Ending Balances Reclassification Additions Deletions Balance $ 30,666,245 $ 14,406,782 45,073,027 171,774,303 87,645,046 15,867,023 275,286,372 (58,439,023) (67,305,144) (13,587,504) (139,331,671) 135,954,701 -- $ 1,563,777 $ (14,061,949) 747,524 (14,061,949) 2,311,301 9,886,682 3,861,623 407,913 5,106,614 3,767,354 3,269,127 14, 061,949 12,237,364 (1,999,076) (6,242,732) (487,000) (8,728,808) 14,061,949 3,508,556 (47,009) $ 32,183,013 1,092,357 (47,009) 33,275,370 (3,042,345) 182,480,263 (115,048) 93,044,525 22,903,504 (3,157,393) 298,428,292 286,341 (60,151,758) 259,328 (73,288,548) (14,074,504) 545,669 (147,514,810) (2,611,724) 150,913,482 $ 181,027,728 $ $ 5,819,857 $ (2,658,733) $ 184,188,852 69 Page 139 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 —DETAILED NOTES ON ALL FUNDS (CONTINUED) E. CAPITAL AssETS (CONTLNUED) Capital asset activity for the year ended September 30, 2021, was as follows: Business -type Activities Non -depreciable assets: Land Intangibles Construction in progress Total Non -Depreciable Assets Depreciable Assets Buildings and improvements Utility lines Wells Golf course improvements Machinery, equipment, and vehicles Total Depreciable Assets Less Accumulated Depreciation Beginning Ending Balances Reclassification Additions Deletions Balance $ 5,132,225 $ $ $ $ 5,132,225 2,910,000 (21,050,303) Golf course improvements 2,910,000 36,638,134 (34,160,887) 2,856,113 5,333,360 44,680,359 (34,160,887) 2,856,113 13,375,585 127,984,877 14,512,127 1,046,811 143,543,815 188,299,244 7,167,734 195,466,978 21,924,533 21,924,533 2,681,199 2,681,199 34,821,238 12,481,026 2,481,786 (219,911) 49,564,139 375,711,091 34,160,887 3,528,597 (219,911) 413,180,664 Buildings and improvements (70,612,947) Utility lines (105,384,428) Wells (21,050,303) Golf course improvements (2,464,086) Machinery, equipment, and vehicles (29,676,210) Total Accumulated Depreciation (229,187,974) Total Depreciable Assets, Net 146,523,117 Business -type Activities Capital (3,296,347) (73,909,294) (6,276,668) (111,661,096) (694,932) (21,745,235) (117,256) (2,581,342) (1,977,296) 189,721 (31,463,785) (12,362,499) 189,721 (241,360,752) 34,160,887 (8,833,902) (30,190) 171,819,912 Assets, Net $ 191,203,476 $ $ (5,977,789) $ (30,190) $ 185,195,497 70 Page 140 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) E. CAPITAL AssETS (CONnNUED) Depreciation expense was charged to programs/functions as follows: Government Activities General government $ 2,766,120 Public safety 849,491 Physical environment 107,119 Economic environment 4,667 Culture and recreation 167,872 Capital assets of the City's internal service funds are charged to functions based on their usage of the assets 4,635,460 Blended component unit 198,079 Total Depreciation - Governmental Activities $ 8,728,808 Business -type Activities Water and sewer $12,242,767 Sanitation 2,475 Non -major enterprise fund: Golf course 117,256 Total Depreciation - Business -type Activities $12,362,498 71 Page 141 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) F. INTERFUND RECEIVABLES AND PAYABLES Interfund receivable and payable balances at September 30, 2021, are summarized as follows: General Fund Special Revenue Funds: Boynton Beach CRA Special Revenue Fund Grants Fund Community Improvements Fund Public Art Fund American Rescue Fund Boynton Beach CRA Bond Projects Fund Gold Course Fund Internal Service Fund: Warehouse Fund Total Interfund Interfund Receivables Payables $ 1,477,443 $ -- -- 445,561 -- 260,005 -- 375,191 -- 222,730 500,000 31,142 445,561 500,000 -- 13,845 -- 574 530 $ 2,423,004 $ 2,423,004 The outstanding balances among funds result mainly from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. These balances also include the amount of working capital loans made to various funds that the General Fund expects to collect in the subsequent year. 72 Page 142 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 —DETAILED NOTES ON ALL FUNDS (CONTINUED) G. INTERFUND TRANSFERS 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. 73 Page 143 of 946 Transfers In Non -Major Internal Total General Governmental Sanitation Service Transfers Fund Funds Fund Funds In Transfers Out General Fund $ $ 603,431 $ $ 3,178,939 $ 3,782,370 Boynton Beach CRA Special Revenue Fund 12,514,683 12,514,683 Non -Major Governmental Funds 9,717,000 2,397,735 40,115 12,154,850 Water and Sewer Fund 7,631,000 1,085,479 8,716,479 Sanitation Fund 1,100,000 1,468,610 2,568,610 Golf Course Fund 25,000 10,000 52,346 87,346 Internal Service Funds 22,583 22,583 Total Transfers Out $18,473,000 $ 15,515,849 $ 10,000 $ 5,848,072 $ 39,846,921 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. 73 Page 143 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 —DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES Governmental Activities Changes in governmental activities noncurrent liabilities for the year ended September 30, 2021, were as follows: Total Noncurrent liabilities $ 123,115,164 $ 7,167,796 $ (14,672,064) $ 115,610,896 $ 9,492,614 Compensated absences are typically liquidated by the General Fund. Insurance claims liabilities have typically been liquidated by the Self Insurance Internal Service Fund, which mainly serves the governmental funds. Therefore, the long-term liabilities of this fund are included in the governmental activities noncurrent liabilities. Public Service Tax Revenue Refunding Bonds, Series 2015: On May 15, 2015, the City issued $24,210,000 Public Service Tax Revenue Refunding Bonds, Series 2015 (the "Series 2015 Bonds"), to advance refund $5,425,000 of the Public Service Tax Revenue Bonds, Series 2004, and $18,190,000 of the Public Service Tax Revenue Refunding Bonds, Series 2006, and to pay the costs associated with the issuance of the Series 2015 Bonds. The proceeds of the Series 2015 Bonds were placed in an irrevocable trust to purchase U.S. Government securities which were used, along with all interest earnings, for the sole purpose of paying future debt service on the refunded bonds. The refunding resulted in an economic gain (the difference between the present value of the debt service payments of the refunded and refunding bonds) of approximately $2,450,000 and reduced the total debt service payments by approximately $2,723,000. The Series 2015 Bonds bear interest at a fixed 74 Page 144 of 946 Beginning Ending Due Within Balances Additions Reductions Balance One Year Public Service Tax Revenue Refunding Bonds, Series 2015 $ 15,825,000 $ $ (2,130,000) $ 13,695,000 $ 2,170,000 CRA Tax Increment Refunding Revenue Bonds, Series 2012 8,836,000 (1,397,000) 7,439,000 1,439,000 CRA Tax Increment Refunding Revenue Bonds, Series 2015 3,140,000 (410,000) 2,730,000 420,000 Note payable 1,850,000 (1,850,000) Total Bonds and Note Payable 29,651,000 (5,787,000) 23,864,000 4,029,000 Capital leases for Town Square facilities 78,249,921 (1,660,491) 76,589,430 1,723,405 Installment agreements for equipment 1,337,765 (481,305) 856,460 494,466 Compensated absences 7,824,211 6,048,614 (5,947,562) 7,925,263 1,030,284 Provision for insurance losses 6,052,267 1,119,182 (795,706) 6,375,743 2,215,459 Total Noncurrent liabilities $ 123,115,164 $ 7,167,796 $ (14,672,064) $ 115,610,896 $ 9,492,614 Compensated absences are typically liquidated by the General Fund. Insurance claims liabilities have typically been liquidated by the Self Insurance Internal Service Fund, which mainly serves the governmental funds. Therefore, the long-term liabilities of this fund are included in the governmental activities noncurrent liabilities. Public Service Tax Revenue Refunding Bonds, Series 2015: On May 15, 2015, the City issued $24,210,000 Public Service Tax Revenue Refunding Bonds, Series 2015 (the "Series 2015 Bonds"), to advance refund $5,425,000 of the Public Service Tax Revenue Bonds, Series 2004, and $18,190,000 of the Public Service Tax Revenue Refunding Bonds, Series 2006, and to pay the costs associated with the issuance of the Series 2015 Bonds. The proceeds of the Series 2015 Bonds were placed in an irrevocable trust to purchase U.S. Government securities which were used, along with all interest earnings, for the sole purpose of paying future debt service on the refunded bonds. The refunding resulted in an economic gain (the difference between the present value of the debt service payments of the refunded and refunding bonds) of approximately $2,450,000 and reduced the total debt service payments by approximately $2,723,000. The Series 2015 Bonds bear interest at a fixed 74 Page 144 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) rate of 1.95% and are payable semi-annually on November 1 and May 1. Principal payments are due each November 1 through maturity on November 1, 2026. The Series 2015 Bonds are payable from and secured by a pledge of the City's public service tax revenues. The debt service requirements of the Series 2015 Bonds are as follows at September 30, 2021: Fiscal Year Ending September 30 2022 2023 2024 2025 2026 2027 Total Principal Interest Total $ 2,170,000 $ 245,894 $ 2,415,894 2,215,000 203,142 2,418,142 2,260,000 159,510 2,419,510 2,305,000 115,000 2,420,000 2,350,000 69,615 2,419,615 2,395,000 23,351 2,418,351 $13,695,000 $ 816,512 $14,511,512 CRA Tax Increment Refunding Revenue Bonds, Series 2012: Resolution 12-07 of the CRA Board of Commissioners dated October 9, 2012, authorized the issuance of CRA Tax Increment Refunding Revenue Bonds, Series 2012 (the "CRA Series 2012 Bonds"), in the principal amount of $16,185,000 to advance refund $12,665,000 of the CRA Tax Increment Revenue Bonds, Series 2004 and $3,000,000 of the CRA Tax Increment Revenue Bonds, Series 2005A. The proceeds of the CRA Series 2012 Bonds were placed in an irrevocable trust to purchase U.S. Government securities which were used, along with all interest earnings, for the sole purpose of paying future debt service on the refunded bonds. The refunding resulted in an economic gain of approximately $1,182,000 and reduced the total debt service payments by approximately $2,095,000. The outstanding CRA Series 2012 Bonds at September 30, 2021, were $8,836,000 and are due in annual principal installments of $1,397,000 to $1,530,000 plus interest at 2.56% through maturity on October 1, 2026. Principal and interest on the CRA Series 2012 Bonds are payable from and secured by a pledge of the CRA's tax increment revenues. The debt service requirements of the CRA Series 2012 Bonds are as follows at September 30, 2021: 75 Page 145 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) H NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) Fiscal Year Ending September 30 2022 2023 2024 2025 Principal Interest Total $ 1,439,000 $ 190,438 $ 1,629,438 1,471,000 153,600 1,624,600 1,512,000 115,942 1,627,942 1,487,000 77,236 1,564,236 2026 1,530,000 39,167 1,569,167 Total $ 7,439,000 $ 576,383 $ 8,015,383 CRA Tax Increment Refunding Revenue Bonds, Series 2015: On March 26, 2015, the CRA authorized the issuance of $5,005,000 Tax Increment Refunding Revenue Bonds, Series 2015 (the "CRA Series 2015 Bonds"), to advance refund the CRA's Tax Increment Revenue Bonds, Series 2005B. The CRA Series 2015 Bonds were structured as a private placement to be issued as additional bonds under Resolution No. 15-01 adopted on March 10, 2015. The payment of principal and interest on the CRA Series 2015 Bonds are secured by a pledge of the CRA's tax increment revenues. Principal and interest at a fixed interest rate of 3.30% on the CRA Series 2015 Bonds is payable through maturity on October 1, 2026. The refunding resulted in an economic gain of approximately $1,450,000 and reduced the total debt service payments by approximately $1,790,000. The debt service requirements of the CRA Series 2015 Bonds are as follows at September 30, 2021: Fiscal Year Ending September 30 2022 2023 2024 2025 2026 Total Principal Interest Total $ 420,000 $ 90,090 $ 510,090 435,000 76,230 511,230 445,000 61,875 506,875 705,000 47,190 752,190 725,000 23,925 748,925 $ 2,730,000 $ 299,310 $ 3,029,310 76 Page 146 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) Note Pavable: 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 note was paid in full on September 1, 2021. Town Square Capital Lease Obligation: The City Commission approved the Town Square Project (the "Project") to redevelop the existing City Hall complex and surrounding properties with a Public -Private Partnership between the City and private development companies pursuant to Florida Statutes Section 287.05712. The Project includes the construction of a new City Hall, Police Station, Fire Station and Library and renovation of the historic Boynton Beach High School building as the City's new cultural center. The City entered into lease agreements with CFP Boynton Beach Town Square, LLC ("CFP"), a Minnesota non-profit corporation and a qualified tax exempt 501(c)(3) charitable organization to build and finance the Project and lease the facilities to the City upon completion of construction. The City owns the land where the former City Hall complex and Police and Fire Station facilities were located and entered into "Ground Lease" agreements with CFP to construct the Town Square Project on the City's site. The City and CFP also entered into "Facilities Lease" agreements for the completed Town Square facilities. The 25 year term of the Ground Leases match the term of the Facilities Leases which end on June 1, 2044. The Facilities Leases were determined to be capital lease agreements under GAAP. Upon termination of the Ground Leases and Facilities Leases, CFP's rights and title to the buildings, improvements and property will terminate and all rights and title to the Town Square properties and facilities will vest with the City. The City's lease payments to CFP under the Facilities Leases are due semi-annually on December 1 and June 1, and range from approximately $3.0 million to $5.2 million over the term of the Facilities Leases ending on June 1, 2044. At September 30,2021, the cost of buildings and improvements held under these agreements was approximately $79,850,000 and the accumulated amortization was approximately $1,921,000 at September 30, 2021 Amortization expense related to the leased facilities is included in depreciation expense in the accompanying financial statements. The Facilities Lease payments and all Project buildings and improvements constructed by CFP are pledged as collateral for bonds issued by CFP to construct the Project. 77 Page 147 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) The future annual capital lease payments owed by the City are as follows at September 30, 2021: Fiscal Year Ending September 30 Amount 2022 $ 4,485,424 2023 4,483,578 2024 4,483,178 2025 4,482,619 2026 4,482,186 2027-2031 25,208,054 2032-2036 25,904,396 2037-2041 25,906,667 2042-2044 15,530,842 Total minimum lease payments 114,966,944 Less amounts representing interest (38,377,514) Capital Lease Obligation at September 30, 2021 $ 76,589,430 Installment Agreements s or Equipment: The City entered into various installment agreements to finance the purchase of equipment. At September 30, 2021, the cost of equipment held under these agreements was approximately $4,010,000 and the accumulated amortization was approximately $2,142,000 at September 30, 2021. The installment agreements are secured by the related equipment. Amortization expense related to the equipment is included in depreciation expense in the accompanying financial statements. Future payments for the City's installment agreements through maturity are as follows as of September 30, 2021: Page 148 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) Fiscal Year Ending September 30 Amount 2022 $ 517,617 2023 371,623 Total minimum lease payments 889,240 Less amounts representing interest (32,780) Outstanding Balance at September 30, 2021 $ 856,460 Pledged Governmental Revenues - The City has pledged the future public service tax revenues of the City to repay the outstanding Public Service Tax Revenue Refunding Bonds, Series 2015. The public service tax bonds are payable solely from the public service tax revenues received by the City and are payable through fiscal year 2027. Annual principal and interest payments on the bonds are expected to require less than 25 percent of public service tax revenues. Total principal and interest remaining to be paid on the public service tax revenue bonds is $16,929,332 at September 30, 2021. Principal and interest paid and public service tax revenues received for the current year were $2,417,820 and $10,637,514, respectively. The CRA has pledged its future tax increment revenues to repay the outstanding CRA Tax Increment Refunding Revenue Bonds, Series 2012 and 2015. The City has also pledged its full faith and credit to guarantee repayment by the CRA of its outstanding bonds. The tax increment bonds are payable solely from the tax increment revenues received by the CRA and are payable through fiscal year 2027. Annual principal and interest payments on the bonds are expected to require less than 20 percent of the tax increment revenues. Total principal and interest remaining to be paid on the CRA tax increment revenue bonds at September 30, 2021 is $11,044,693. Principal and interest paid for the current year were $2,136,827. Tax increment revenues received by the CRA for the current year were $14,928,164. 79 Page 149 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 —DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) 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, 2021: Water and Sewer Utility Series 2002 Bonds Series 2012 Bonds Series 2016 Bonds Series 2018 Bonds Series 2020A Bonds Series 2020B Bonds Series 2021A Bonds Unanlortized bond prenvunl Total Revenue Bonds Payable Compensated absences Total Noncurrent Eiabilities Beginning Ending Due Within Balances Additions Reductions Balance One Year S 3,480,000 S $ (3,480,000) S -- S 3,085,000 (520,000) 2,565,000 2,565,000 23,000,000 23,000,000 1,830,000 42,470,000 (42,470,000) 10,500,000 (310,000) 10,190,000 630,000 42,140,000 42,140,000 735,000 282,392 (197,680) 84,712 82,817,392 42,140,000 (46,977,680) 77,979,712 5,760,000 1,693,585 1,214,693 (1,430,430) 1,477,848 192,119 S 84,510,977 S 43,354,693 S (48,408,110) S 79,457,560 S 5,952,119 Compensated absences are typically liquidated by the Water and Sewer, Sanitation and Other Enterprise Funds for which the related employees work. :1 Page 150 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Business -type Activities (continued) Water and Sewer Utility 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 bonds were paid in full on in November 2020. Water and Sewer Utility Revenue Bonds, Series 2012: On February 27, 2012, the City issued $45,895,000 Water and Sewer Utility System Revenue Bonds, Series 2012 (the "Series 2012 Bonds"), to finance the cost of approximately $20 million of capital improvements to the City's Water and Sewer Utility System and to refund all of the City's outstanding Water and Sewer Utility System Revenue Bonds, Series 2008, maturing on or after November 1, 2012. A portion of the proceeds from the issuance of the Series 2012 Bonds, together with certain other funds of the City, were used to currently refund the Series 2008 Bonds, which were called for full redemption on May 1, 2012. The current refunding of the Series 2008 Bonds resulted in an economic gain (the difference between the present value of the debt service payments on the Series 2008 Bonds and Series 2012 Bonds) of approximately $1,712,000 and reduced the City's total debt service payments by approximately $2,290,000. Interest on the Series 2012 Bonds is payable semi-annually on November 1st and May 1st at interest rates ranging from 3.63% to 5.0% and principal payments are due on November 1st. The principal and interest on the Series 2012 Bonds are payable solely from and secured by a pledge of the City's Water and Sewer Utility System revenues. The default interest rate on the Series 2012 Bonds is the maximum rate allowed by law (18%). Page 151 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Business -type Activities (continued) During the fiscal year ended September 30, 2021, the City advance refunded $39,675,000 of the outstanding balance of the Series 2012 bonds through the issuance of the $42,470,000 Taxable Utility System Refunding Revenue Bonds, Series 2020A. The debt service requirements of the outstanding Series 2012 Bonds are as follows: Principal Interest Total Fiscal Year Ending September 30 2022 $ 2,565,000 $ 51,300 $ 2,616,300 Total $ 2,565,000 $ 51,300 $ 2,616,300 Water and Sewer Utility Revenue Bonds, Series 2016: On November 18, 2016, the City issued $23,000,000 Water and Sewer Utility System Revenue Bonds, Series 2016 (the "Series 2016 Bonds"), to finance improvement projects including pipeline rehabilitation in various neighborhood locations, water reuse distribution, completion of the East Plant Rehabilitation and ion exchange, the Seacrest Corridor Improvement Projects and to pay costs associated with the issuance of the Series 2016 Bonds. The Series 2016 Bonds are payable from and secured by a pledge of the Water and Sewer Utility System Revenue which includes (1) Net Revenues of the System, (2) certain impact fees, and (3) certain funds and accounts established under the bond resolution. Interest at 2.45% is payable on November 1st and May 1st and principal payments are due beginning November 1, 2021 through maturity on November 1, 2031. The default interest rate on the Series 2016 Bonds increases to the greater of (a) the Federal Reserve Bank's Prime Rate plus 3%, (b) the Federal Funds Rate plus 5%, or (c) 7%. Page 152 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Business -type Activities (continued) The debt service requirements of the Series 2016 Bonds are as follows: Fiscal Year Ending September 30 2022 2023 2024 2025 2026 2027-2031 2032 Total Principal Interest Total $ 1,830,000 $ 259,333 $ 2,089,333 1,860,000 495,881 2,355,881 1,890,000 449,943 2,339,943 1,925,000 403,209 2,328,209 1,965,000 355,557 2,320,557 11,000,000 1,015,896 12,015,896 2,530,000 30,993 2,560,993 $23,000,000 $ 3,010,812 $26,010,812 Taxable Utility System RelitndiLig Revenue Bonds, Series 202OA: On April 30, 2020, the City issued $42,470,000 Taxable Utility System Refunding Revenue Bonds, Series 2020A (the "Series 2020A Bonds") to a financial institution, to refund a portion of the Series 2012 Bonds and pay the cost of issuance for the Series 2020A Bonds. The proceeds from the issuance of the Series 2020A Bonds, 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 Bonds are payable from and secured by a pledge of the Water and Sewer Utility System Revenue which includes (1) Net Revenues of the System, (2) certain impact fees, and (3) certain funds and accounts established under the bond resolution. Interest at 2.56% is payable on the Series 2020A Bonds on November 1st and May 1st and principal payments are due beginning November 1, 2020 through maturity on November 1, 2034. Page 153 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) H NONCURRENT LIABILITIES (CONTINUED) Business -type Activities (continued) The City has an option to exchange the taxable Series 2020A Bonds to the $42,470,000 Tax Exempt Utility System Refunding Revenue Bonds, 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). On August 4, 2021, the City exercised the option to retire the 2020A Bonds. The City made a principle payment in the amount of $330,000 during fiscal year 2021 and issued $42,140,000 of Series 2021A Bonds. The Series 2020A Bonds were paid in full in August 2021. Tax Exempt Utility System Revenue Refunding Bonds, Series 202OB: On April 30, 2020, the City issued $10,500,000 Tax Exempt Utility System Revenue Refunding Bonds, Series 2020B (the "Series 2020B Bonds") to a financial institution, to currently refund all of the of the Series 2018 Bonds, which were called for full redemption on May 1, 2020, and pay the cost of issuance of the Series 2020B Bonds. The Series 2020B Bonds are payable from and secured by a pledge of the Water and Sewer Utility System Revenue which includes (1) Net Revenues of the System, (2) certain impact fees, and (3) certain funds and accounts established under the bond resolution. Interest at 2.16% is payable on the Series 2020B Bonds on November 1st and May 1st and principal payments are due beginning November 1, 2020 through maturity on November 1, 2034. The debt service requirements of the Series 2020B Bonds are as follows: Fiscal Year Ending September 30 2022 2023 2024 2025 2026 2027-2031 2032-2035 Total Principal Interest Total $ 630,000 $ 213,300 $ 843,300 650,000 199,476 849,476 660,000 185,328 845,328 670,000 170,964 840,964 690,000 156,276 846,276 3,665,000 549,558 4,214,558 3,225,000 141,102 3,366,102 $10,190,000 $ 1,616,004 $11,806,004 Page 154 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Business -type Activities (continued) Tax Exempt Utility System Revenue Refunding Bonds, Series 2021A: On August 4, 2021, the City issued $42,140,000 Utility System Revenue Refunding Bonds, Series 2021A (the "Series 2021A Bonds") to a financial institution, to refund all of the of the Series 2020A notes, which were called for full redemption on August 4, 2021. The current refunding of the Series 2018 Bonds resulted in an economic gain of approximately $1,166,000 and reduced the total debt service payments (cash flow savings) by approximately $1,279,000. The Series 2021A Bonds are payable from and secured by a pledge of the Water and Sewer Utility System Revenue which includes (1) Net Revenues of the System, (2) certain impact fees, and (3) certain funds and accounts established under the bond resolution. Interest at 2.09% is payable on the Series 2021A Bonds on November 1st and May 1st and principal payments are due beginning November 1, 2021 through maturity on November 1, 2034. The debt service requirements of the Series 2021A Bonds are as follows: Fiscal Year Ending September 30 2022 2023 2024 2025 2026 2027-2031 2032-2035 Total Principal Interest Total $ 735,000 $ 645,524 $ 1,380,524 3,595,000 827,797 4,422,797 3,690,000 751,669 4,441,669 3,775,000 673,659 4,448,659 3,865,000 593,821 4,458,821 16,735,000 1,786,689 18,521,689 9,745,000 412,409 10,157,409 $42,140,000 $ 5,691,568 $47,831,568 Bond Resolution 96-88 of the City requires that net operating revenue (as defined in the resolution) of the Water and Sewer Fund be sufficient to provide an amount equal to 110% of the current fiscal year's principal and interest requirements on all outstanding utility system bonds and 100% of all amounts required to meet the current year's reserve account deposit requirements and renewal and replacement fund requirements. The City was in compliance with these requirements for the year ended September 30, 2021. Page 155 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONnNUED) Pledged Business -type Revenues - The City has pledged the future net revenues (generally customer revenues, net of specified operating expenses) of the Water and Sewer Utility System to repay the outstanding Series 2002, Series 2012, Series 2016 and Series 2020A and 2020B water and sewer utility revenue bonds and notes issued to finance improvements to the system. The water and sewer utility revenue bonds and notes are payable solely from the utility net revenues and are payable through fiscal year 2035. Annual principal and interest payments on the bonds are expected to require less than 30 percent of utility net revenues. Total principal and interest remaining to be paid on the water and sewer utility revenue bonds and notes is $88,264,684. Principal and interest paid for the current year was $5,319,108, excluding the Series 2020A bonds which were exchanged for the Series 2021A bonds. The Water and Sewer Utility System net revenues available for debt service for the current year were approximately $24.4 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 $992 million at September 30, 2021. 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, 2021, totaled $6,121,796 and $6,480,097, respectively. we Page 156 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 3 -DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONnNUED) 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, 2021, the outstanding principal of the defeased bonds considered extinguished under these funding arrangements is as follows: Public Service Tax Revenue Bonds, Series 2006 $ 11,595,000 Water and Sewer Utility Revenue Bonds, Series 2012 42,140,000 Total Defeased Bonds $ 53,735,000 L DEBT SERVICE RESERVE SURETYBONDS The City's Water and Sewer Utility Revenue Bonds, Series 2012, require the City to maintain debt service reserves equivalent to the maximum principal and interest due in any year through maturity on the Bonds. The Bonds' resolutions provide that the City may purchase a credit facility for the debt service reserve requirements from an institution with the highest credit rating for municipal bonds insured or guaranteed by that institution. The City purchased surety bonds from Assured Guaranty Municipal Corporation ("AGM") to satisfy the debt service reserve requirements for the Bonds at the date of issue. At September 30, 2021, AGM had credit ratings that were less than the highest rating from Moody's Investor Service, Inc. ("Moody's") and Standard and Poor's ("S&P Global"). The surety bonds outstanding at September 30, 2021, have a credit rating lower than the City's underlying rating of Aa3 from Moody's. City management, in consultation with bond counsel, has determined that the City is not required to obtain new surety bonds or substitute cash and investments to replace the surety bonds from AGM that are held by the City at September 30, 2021. 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 157 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION A. RISKMANAGEMENT The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; natural disasters; and general and automotive liability. The City has a Self Insurance Fund (an Internal Service Fund) to provide coverage for general liability, automotive liability, workers' compensation and property claims. The liability for claims retained by the City is accrued in the Self Insurance Fund which will be the source of payment for these claims. Insurance claim expense is recognized when it is probable that a loss has been incurred and the amount of the loss can be reasonably estimated, and includes incurred -but -not -reported claims. The result of the process to estimate the claims liability is not an exact amount as it depends on many complex factors, such as inflation, changes in legal doctrines, and damage awards. Accordingly, claims are re-evaluated periodically to consider the effects of inflation, recent claim settlement trends (including frequency and amount of pay -outs), and other economic and social factors. The estimate of the claims liability also includes amounts for incremental claim adjustment expenses related to specific claims and other claim adjustment expenses regardless of whether allocated to specific claims. Estimated recoveries, for example from salvage or subrogation, are another component of the claims liability estimate. The City also purchased commercial insurance policies to provide excess coverage as follows: Individual Claims in Excess of Maximum Per Person Per Occurrence Coverage General liability $ 200,000 $ 300,000 $5 million Automobile liability 100,000 300,000 $2 million Property 25,000 100,000 $5 million Workers' compensation 500,000 500,000 $5 million The City's liability for estimated insurance losses represents the estimated ultimate cost of settling self-insured liability claims. The liability for estimated insurance losses was estimated by an outside actuary using accepted actuarial methods. These methods consider case -basis reserves established by the City, the rate of loss development on older claims, the effects of incurred -but -not -reported claims and the effects of inflation and other economic factors to determine ultimate cost. Page 158 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 — OTHER INFORMATION (CONTINUED) A. RISKMANAGEMENT (CONTINUED) The City has recorded a liability for estimated insurance losses of $6,375,743, of which $2,215,459 is considered to be a current liability. The liability falls within the actuarially determined range, from an actuarial valuation for all claims based upon the date the loss was incurred. Due to the long-term nature of many of these claims, the City considers anticipated investment income in determining the net liability for estimated insurance losses by discounting claims to the estimated present value. At September 30, 2021, the recorded liability for estimated insurance losses of $6,375,743 is based on gross claims of $6,873,935 discounted at an assumed rate of return on investments of 3%. The following summarizes the liability for estimated insurance loss activity for the three most recent years: Claims Claims Liability Liability Beginning of Claims Claims End of Years Fiscal Year Expense Paid Fiscal Year 2018-2019 $ 4,854,695 $ 2,859,683 $ (2,169,190) $ 5,545,188 2019-2020 5,545,188 1,832,036 (1,324,957) 6,052,267 2020-2021 6,052,267 1,119,182 (795,706) 6,375,743 For each of the most recent three years, there have been no settlements that have exceeded the City's insurance coverage. B. COMMITMENTS AND CONTINGENCIES Contract Commitments: The City has various long-term contractual obligations for construction projects on which work has not been completed. The balances of these contracts and related commitments as of September 30, 2021, are as follows: .S Page 159 of 946 Capital Other Water and Other General Projects Governmental Sewer Enterprise Fund Funds Funds Fund Funds Total Total contract amount $ 52,555 $ 8,720,476 $ 2,913,014 $ 8,765,034 $ 4,088,370 $ 24,539,449 Interim payments on contracts -- 7,989,265 1,127,519 3,703,280 160,700 12,980,764 Remaining Contract Commitments $ 52,555 $ 731,211 $ 1,785,495 $ 5,061,754 $ 3,927,670 $ 11,558,684 .S Page 159 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) B. COMMITMENTS AND CONTINGENCIES 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 OperatiLg 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. The future minimum lease payments on these operating lease agreements are as follows: Fiscal Year Ending September 30, Amount 2022 $ 103,680 2023 51,840 Total $ 155,520 Interlocal Agreements: The City approved an Interlocal Agreement with the Town of Ocean Ridge ("Ocean Ridge") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to Ocean Ridge for a 12 -year term commencing October 1, 2016 through September 30, 2028. The Agreement provides for Ocean Ridge to pay the City $1,058,853 for the first year of the Agreement with annual increases of 4% thereafter. The City approved an Interlocal Agreement with the Town of Hypoluxo ("Hypoluxo") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to Hypoluxo for a 7 -year term commencing October 1, 2018 through September 30, 2025. The Agreement provides for Hypoluxo to pay the City $436,142 for the first year of the Agreement with annual increases of 4% thereafter. The City approved an Interlocal Agreement with the Town of Briny Breezes (`Briny Breezes") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to Briny Breezes for a 12 -year term commencing October 1, 2016 through September 30, 2028. This Agreement provides for Briny Breezes to pay the City $356,725 for the first year of the Agreement with annual increases of 4% thereafter. Page 160 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) B. COMMITMENTS AND CONTINGENCIES (CONTINUED) The City approved an Interlocal Agreement with the Village of Golf (the "Village") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to the Village for a 10 -year term commencing October 1, 2015 through September 30, 2025. The Agreement provides for the Village to pay the City $200,000 for the first year of the Agreement with annual increases of 4% thereafter. Grants: Amounts received or receivable from grantor agencies are subject to audit and adjustment by those agencies, principally the Federal and State government. Any disallowed claims, including amounts already received, may constitute a liability of the City for the return of those funds. In the opinion of management, all grant expenditures were in substantial compliance with the terms of the grant agreements and applicable Federal and State statutes and regulations and the amount of reimbursement to grantor agencies, if any, would not materially affect the financial position of the City. Liti ag tion: The City is a defendant in various lawsuits incurred in the normal course of operations, the ultimate outcomes of which are not presently determinable. Management and the City's legal counsel believe that amounts not covered by insurance, if any, resulting from these lawsuits would not materially affect the financial position of the City. Environmental Liabilities: The City owns property that was used as a landfill prior to 1985. Final closure occurred during 1992. Post -closure care is mandated by State and Federal statutes and regulations and consists of certain maintenance and monitoring functions at the landfill site for 20 years after its closure. Although the City's mandatory post -closure care period ended in 2012, the City's closed landfill site remains subject to ongoing monitoring by various regulatory agencies for potential environmental contaminants. The monitoring programs have not identified any contaminants from the City's closed landfill, however, in the event any landfill contaminants are identified, the City may be financially responsible for the environmental assessment and any cleanup costs, as well as potential fines imposed by governmental regulatory agencies. 91 Page 161 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) C POSTEMPLOPMENT 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 517 Inactive employees entitled to but not yet receiving benefit payments -- Active employees 653 Total Members 1,170 92 Page 162 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) C POSTEMPLOPMENT BENEFITS OTHER THAN PENSIONS (CONTINUED) Total OPEB Liability The City's total OPEB liability of $12,230,832 was determined by an actuarial roll -forward to September 30, 2021 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: 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%) Mortality October 1, 2019 September 30, 2021 Entry Age Normal None 6.25% for 2021 and gradually decreasing to an ultimate rate of 3.99% in 2044 Level Percent of Payroll — Closed 28 years N/A (l) 2.19% 3.5%-14.5% 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, 2021. (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 2.41 % to 2.19% for the current year. Actuarial valuations involve estimates of the value of reported amounts and assumptions about the probability of events far into the future. Actuarially determined amounts are subject to continual revision as actual results are compared to past expectations and new estimates are made about the future. Projections of benefits are based on the types of benefits provided under the substantive plan at the time of each valuation and on the pattern of sharing of benefit costs between the employer and plan members to that point. In 93 Page 163 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) C POSTEMPLOPMENT BENEFITS OTHER THAN PENSIONS (CONTINUED) Total OPEB Liability (continued) addition, projections of benefits for financial reporting purposes do not explicitly incorporate the potential effects of legal or contractual funding limitations on the pattern of cost sharing between the employer and plan members in the future. Actuarial calculations reflect a long-term perspective and accordingly, actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities. Changes in the Total OPEB Liability The change in the City's total OPEB liability for the current year is as follows: Total OPEB Liability at September 30, 2020 Changes in the total OPEB liability for the year: Service costs Interest Changes in assumptions Benefit payments Change in Total OPEB Liability Total OPEB Liability at September 30, 2021 $ 11,300,032 847,477 286,935 279,337 (482,949) •C 1 :11 $ 12,230,832 Page 164 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) C POSTEMPLOPMENT BENEFITS OTHER THAN PENSIONS (CONTINUED Total OPEB Liability (continued) Sensitivity of the Total OPEB Liability to Changes in the Discount Rate: The following table presents the total OPEB liability of the City calculated using the current discount rate of 2.41%, as well as what the total OPEB liability would be if it were calculated using a discount rate that is one percentage point lower (1.41%) or one percentage point higher (3.41 %) than the current rate: Sensitivitv of the Total OPEB Liabilitv to Chanizes in the Healthcare Cost Trend Rate: The following table presents the total OPEB liability of the City calculated using the current healthcare cost trend rate of 6.25%, as well as what the total OPEB liability would be if it were calculated using a healthcare cost trend rate that is one percentage point lower (5.25%) or one percentage point higher (7.25%) than the current rate: Total OPEB Liability Current 1.0% Current 1.0% Discount Decrease in Discount Increase in Rate Current Rate Rate Current Rate 2.41% $ 13,615,146 $ 12,230,832 $ 11,030,491 Sensitivitv of the Total OPEB Liabilitv to Chanizes in the Healthcare Cost Trend Rate: The following table presents the total OPEB liability of the City calculated using the current healthcare cost trend rate of 6.25%, as well as what the total OPEB liability would be if it were calculated using a healthcare cost trend rate that is one percentage point lower (5.25%) or one percentage point higher (7.25%) than the current rate: 95 Page 165 of 946 Total OPEB Liability Current 1.0% Current 1.0% Discount Decrease in Trend Increase in Rate Current Rate Rate Current Rate 6.25% $ 10,658,578 $ 12,230,832 $ 14,181,262 95 Page 165 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 — OTHER INFORMATION (CONTINUED) C POSTEMPLOPMENT BENEFITS OTHER THAN PENSIONS (CONTINUED OPEB Expense and Deferred Inflows/Outflows of Resources Related to OPEB For the year ended September 30, 2021, the City recognized OPEB expense of $1,280,526. At September 30, 2021, 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 $ 293,905 $ -- Changes in assumptions and other inputs 105,865 900,038 Total $ 399,770 $ 900,038 Amounts reported as deferred inflows and outflows of resources related to OPEB will be recognized in OPEB expense as follows: Fiscal Year Ending September 30, Amount 2022 $ 146,114 2023 157,878 2024 160,238 2025 1,731 2026 34,307 Total $ 500,268 D. DEFINED BENEFIT PENSION PLANS Description of Plans The City contributes to three (General Employees, Police Officers, and Firefighters') single -employer defined benefit pension plans covering all full-time City employees. we Page 166 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Description of Plans (continued) General Emplovees' 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, 2021, the City's contribution was $7,468,676. 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 Ofcers' Pension Fund: The Police Officers' Pension Plan covers all sworn police department employees. Employees are vested after 10 years of service with the City and are eligible for retirement after 20 years of service regardless of age. Employees with 10 years of credited service may retire at or after age 55 or employees with 15 years of credited service may retire at or after age 50. Employees who are age 50 and have 10 years of credited service receive a reduced retirement benefit. Monthly benefit checks begin the month an employee retires, and the amount of benefit to which the retired employee is entitled is equal to the number of years of credited service multiplied by 3% of average final compensation. Employee contributions are 7% of annual compensation. The City's contribution is determined actuarially on an annual basis and is reduced by $465,087 of the amount the City receives from the State of Florida pursuant to Chapter 185 of the Florida Statutes, which provides for a premium tax on certain casualty insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Police Officers' Pension Fund. For the year ended September 30, 2021, the City's contribution was $5,999,430 and the contribution from the State was $895,165. The Police Officers' Pension Plan is governed by a five member board consisting of two police officers, two City residents and a fifth member elected by the other four members. 97 Page 167 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Description of Plans (continued) Firefighters' Pension Fund: The Firefighters' Pension Plan covers all firefighters and fire department officers. Employees become vested after 10 years of service with the City and are eligible for retirement after 20 years regardless of age. Employees with 10 years of credited service may retire at or after age 55. Employees who are age 50 and have 10 years of credited service can receive a reduced retirement benefit. Monthly benefit checks begin the month an employee retires, and the amount of the benefit to which the retired employee will be entitled will be equal to the number of years of credited service multiplied by 3% of average final compensation. Employee contributions are 12% of annual compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the amount the City receives from the State of Florida pursuant to Chapter 175 of the Florida Statutes, which provides for a premium tax on certain property insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Firefighters' Pension Fund. For the year ended September 30, 2021, the City's contribution was $5,215,363 and the contribution from the State was $995,143. The Firefighters' Pension Plan is governed by a five member board consisting of two firefighters, two City residents and a fifth member elected by the other four members. The benefit provisions and all other requirements of the General Employees', Police Officers' and Firefighters' Pension Funds are established by City Ordinance. The funding methods and determination of benefits payable are provided in the various acts of the Florida Legislature, which created these plans, including subsequent amendments thereto. The Florida Statutes provide, in general, that funds are to be accumulated from employee contributions, City contributions, State appropriations and income from investment of accumulated funds. Florida Statutes also provide that, should the accumulated funds at any time be insufficient to meet and pay the benefits due, the City shall supplement the fund by an appropriation from current funds, or from any revenues which may lawfully be used for said purposes and in an amount sufficient to make up the deficiency. The investments of the funds are administered, managed and operated by the respective Board of Trustees of each plan. Page 168 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Description of Plans (continued) The net pension liability, deferred outflows/inflows of resources related to pensions and pension expense related to the City's three defined benefit retirement plans are summarized as follows at September 30, 2021: Net pension asset Net pension liability Deferred outflows/inflows: Deferred outflows of resources Deferred inflows of resources Pension expense Plan Membership General Police Employees' Officers' Firefighters' Total $(10,198,305) $ -- $ -- $(10,198,305) 40,217,605 $ 21,120,788 $ 61,338,393 $ 1,446,941 $ 5,283,243 $ 2,480,556 $ 9,210,740 $ 17,859,115 $ 7,235,858 $ 17,060,176 $ 42,155,149 $ 4,375 $ 7,774,431 $ 1,451,328 $ 9,230,134 Membership data of the City's pension plans as of the most recent actuarial valuation date of October 1, 2020, is summarized as follows: General Police Employees' Officers' Firefighters' Retirees, beneficiaries and DROP participants receiving benefits 441 150 127 Terminated employees entitled to benefits but not yet receiving them 52 21 2 Active members 408 121 119 Page 169 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Significant Accounting Policies The financial statements of the three pension plans are prepared using the economic resources measurement focus and the accrual basis of accounting. Employee and employer contributions are recognized in the period in which employee services are performed. Benefits and refunds are recognized when due and payable in accordance with the terms of the plan. Other expenses are recognized when the corresponding liabilities are incurred. Investment income is recognized as revenue when earned. Investments are reported at fair value. Money market mutual funds are reported at amortized cost, which approximates fair value. Securities and mutual funds traded on a national exchange are valued at the last sales price. Net asset values of investment funds that are not publicly traded are determined by the fund managers based on the fair values of the underlying investments of the fund. Net appreciation or depreciation in the fair value of investments includes the difference between the fair value and cost of the investments held as well as the net realized and unrealized gains and losses for investments sold during the period. Interest and dividend income are recognized on the accrual basis when earned. Purchases and sales of investments are recorded on a trade date basis. Investment earnings are reduced for investment related expenses, such as management fees, portfolio evaluation and custodial services. DROP Accounts Any participant of the General Employees', Police Officers', and Firefighters' Pension Plans who is eligible to receive an early or normal retirement benefit may elect to participate in a deferred retirement option plan (DROP) while continuing his or her active employment. Upon participation in DROP, the participant becomes a retiree for plan purposes and ceases to accrue further benefits under the pension plan. Normal retirement payments payable to the participant are invested in DROP and distributed to the participant upon termination of employment. The amounts held for DROP benefits at September 30, 2021 were $18,575,325 for the General Employees' Pension Plan; $15,223,229 for the Police Officers' Pension Plan; and $22,369,614 for the Firefighters' Pension Plan. 100 Page 170 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Investments Investment Policy: The policy for the allocation of invested assets is established and may be amended by a majority vote of the Board of each pension plan. It is the policy of each pension plan Board to pursue an investment strategy that reduces risk through the prudent diversification of the investment portfolio across a broad selection of distinct asset classes. The investment policies of the City's pension plans discourage the use of cash equivalents, except for liquidity purposes, and aims to refrain from dramatically shifting asset class allocations over short time spans. There were no significant changes in the investment policies of the City's pension plans for the year ended September 30, 2021. The asset allocation policies adopted by the pension plan Boards at September 30, 2021 were as follows: General Police Employees' Officers' Firefighters' Domestic equity 50% 25% 45% International equity 15% 30% 15 % Bonds and fixed income 20% 32% 25% Real estate and REITS 15% 7% 15% Master limited partnerships -- 2% -- Commodities -- 2% -- Cash -- 2% -- Rate of Return: The money -weighted rate of return expresses investment performance, net of investment expenses, adjusted for the changing amounts actually invested. The annual money -weighted rates of return on pension plan investments, net of investment expenses, were as follows for the year ended September 30, 2021: General Police Employees' Officers' Firefighters' Annual money -weighted rate of return 19.90% 18.10% 19.36% 101 Page 171 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Net Pension Liability (Asset) The components of the net pension liability (asset) for the three pension plans for the most recent actuarial valuation as of October 1, 2020, were as follows: Total pension liability Plan fiduciary net position Net Pension Liability (Asset) Plan Fiduciary Net Position as a Percentage of the Total Pension Liability (Asset) General Police Employees' Officers' Firefighters' S 218,974,978 S 173,112,174 S 186,003,933 779 171 7Rl 1I7 R94 569 164 RRA 145 S (10,198,305) S 40,217,605 S 21,120,788 104.66% 76.77% 88.64% The net pension liability is generally liquidated by the General Fund for the governmental activities and by net revenues of the applicable proprietary funds for the business -type activities. Actuarial Assumptions The net pension liability of each pension plan was determined by an actuarial valuation as of October 1, 2020 and measurement date of September 30, 2021, using the following significant actuarial assumptions: Actuarial cost method Amortization method Remaining amortization period Asset valuation method General Police Employees' Officers' Firefighters Entry age normal Entry age normal Entry age normal Level dollar, closed Level percent of Level percent of payroll, closed payroll, closed 6 years 17 years 19 years Five year smoothed Five year smoothed Five year smoothed market market market 102 Page 172 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Actuarial Assumptions (continued) General Police Employees' Officers' Firefighters Actuarial assumptions: Investment rate of return* 6.0% 7.005% 7.35% Projected salary increases 3.25% - 8.10% 5.0%-6.5% 3.5%-14.5% Inflation rate 2.5% 2.5% 2.5% Cost of living adjustments None 1% annually 2% five years after retirement * Includes inflation rate Mortality rates - Mortality rates for the General Employees', Police Officers' and Firefighters' Pension Plans are based on the RP -2000 Combined Healthy Participant Mortality Table for males and females with mortality improvements projected to all future years after 2000 using Scale BB with a 50% blue collar adjustment and 50% white collar adjustment for males and a 100% white collar adjustment for females for General Employees and 90% blue collar adjustment and 10% white collar adjustment for males and a 100% white collar adjustment for females for Police Officers and Firefighters. Actuarial Changes: There were no changes in benefits for the General Employees', Firefighters or Police Pension Plans. The assumed investment return for the General Employees' Pension Plan was reduced from 7.08% to 6.90% for the year ended September 30, 2021. The assumed investment return for the Police Officers' Pension Plan was reduced from 7.25% to 7.00% for the year ended September 30, 2021. The assumed investment return for the Firefighters' Pension Plan was reduced from 7.50% to 7.35% for the year ended September 30, 2021. For the Police Officers and Firefighters Pension Plans, the mortality assumption was updated to the current mortality assumption being used by the Florida Retirement System (FRS), which was update effective July 1, 2019 by FRS. 103 Page 173 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Actuarial Assumptions (continued) 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, 2021 are summarized in the following table: Asset Class Domestic equity International equity Bonds and fixed income Real estate Master limited partnerships Commodities Cash Long -Term Expected Real Rate of Return General Police Employees' Officers' Firefighters' 9.13% 4.80% 6.0% 5.3 2.24 8.5 0.8 2.44 6.0 4.4 7.10 4.5 -- 16.90 -- -- 4.90 -- -- 4.10 -- Discount Rate: The discount rate was based on the expected rate of return on investments of each pension plan. The projection of cash flows used to determine the discount rate assumed that plan member contributions will be made at the current contribution rates and that City contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on those assumptions, each pension plan's fiduciary net position was projected to be available to make all projected future benefit payments for current plan members. Therefore, the long-term expected rate of return on investments of each pension plan was applied to all periods of projected benefit payments to determine the projected total pension liability. 104 Page 174 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Changes in the Net Pension Liability (Asset) The changes in the net pension liability (asset) of the General Employees', Police Officers' and Firefighters' Pension Plans were as follows for the year ended September 30, 2021: Increase (Decrease) Net Total Plan Pension Pension Fiduciary Liability General Employees' Pension Fund Liability Net Position (Asset) Balances at October 1, 2020 $ 212,763,512 $ 194,072,809 $ 18,690,703 Changes for the Current Year Service cost Interest Differences between expected and actual experience Assumption changes Contributions - City Contributions - Employee Net investment income Benefit payments, including refunds of employee contributions Administration expenses Other (contributions toward elective benefits) Balances at September 30, 2021 4,091,360 -- 4,091,360 14,926,445 -- 14,926,445 (301,927) -- (301,927) (474,328) -- (474,328) -- 7,468,676 (7,468,676) -- 1,789,284 (1,789,284) -- 38,062,305 (38,062,305) (12,058,744) (12,058,744) -- -- (161,047) 161,047 28,660 -- 28,660 S 218,974,978 S 229,173,283 S (10,198,305) 105 Page 175 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Changes in the Net Pension Liability (Asset) (continued) Increase (Decrease) Total Plan Net Pension Fiduciary Pension Police Officers' Pension Fund Liability Net Position Liability Balances at October 1, 2020 $ 159,571,394 $ 111,813,658 $ 47,757,736 Changes for the Current Year Service cost 3,553,623 -- 3,553,623 Interest 11,567,515 -- 11,567,515 Differences between expected and actual experience 3,435,967 -- 3,435,967 Contributions - City -- 5,999,430 (5,999,430) Contributions - State 895,165 (895,165) Contributions - Employee -- 1,260,835 (1,260,835) Changes of Assumptions 2,129,859 2,129,859 Net investment income -- 20,788,895 (20,788,895) Benefit payments, including refunds of employee contributions (7,824,823) (7,824,823) -- Administration expenses -- (187,230) 187,230 Other (adjustments to reserves) 678,639 148,639 530,000 Balances at September 30, 2021 S 173,112,174 S 132,894,569 S 40,217,605 106 Page 176 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Changes in the Net Pension Liability (Asset) (continued) Increase (Decrease) Total Plan Net Pension Fiduciary Pension Firefighters' Pension Fund Liability Net Position Liability Balances at October 1, 2020 Changes for the Current Year Service cost Interest Differences between expected and actual experience Contributions - City Contributions - State Contributions - Employee Changes of Assumptions Net investment income Benefit payments, including refunds of employee contributions Administration expenses Other (rollovers into DROP) Balances at September 30, 2021 $ 176,325,833 $ 138,042,942 $ 38,282,891 3,656,658 -- 3,656,658 13,234,970 -- 13,234,970 (890,682) -- (890,682) -- 5,215,363 (5,215,363) 995,143 (995,143) -- 1,489,935 (1,489,935) 709,591 709,591 -- 26,216,184 (26,216,184) (7,058,708) (7,058,708) -- -- (186,227) 186,227 26,271 168,513 (142,242) S 186,003,933 S 164,883,145 S 21,120,788 Sensitivitv of the Net Pension Liabilitv (Asset) to Chanizes in the Discount Rate: The following table presents the current discount rate used to measure the total pension liability (asset) for each pension plan and the net pension liability (asset) of each pension plan calculated using the current discount rate, as well as what the net pension liability would be if it were calculated using a discount rate that is one percentage point lower and one percentage point higher than the current discount rate: 107 Page 177 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Changes in the Net Pension Liability (Asset) (continued) Pension Expense and Deferred Inflows/Outflows of Resources Related to Pensions For the year ended September 30, 2021, the City recognized pension expense of $9,228,446 and $1,688 for the governmental activities and business -type activities, respectively. At September 30, 2021, the City reported deferred inflows and deferred outflows of resources related to the General Employees', Police Officers' and Firefighters' Pension Plans from the following sources: Deferred Deferred General Employees' Pension Funds Inflows Outflows Difference between expected and actual experience $ 282,811 $ 108,651 Change of assumptions 352,705 1,338,290 Net difference between projected and actual investment earnings on pension plan investments 17,223,599 -- Total $17,859,115 $ 1,446,941 Page 178 of 946 Net Pension Liability (Asset) Current 1% Current 1% Discount Decrease in Discount Increase in Rate Current Rate Rate Current Rate General Employees' 6.90% $ 14,694,782 $ (10,198,305) $ (28,924,082) Police Officers' 7.00% $ 58,142,905 $ 40,217,605 $ 25,344,751 Firefighters' 7.35% $ 41,123,455 $ 21,120,788 $ 4,663,925 Pension Expense and Deferred Inflows/Outflows of Resources Related to Pensions For the year ended September 30, 2021, the City recognized pension expense of $9,228,446 and $1,688 for the governmental activities and business -type activities, respectively. At September 30, 2021, the City reported deferred inflows and deferred outflows of resources related to the General Employees', Police Officers' and Firefighters' Pension Plans from the following sources: Deferred Deferred General Employees' Pension Funds Inflows Outflows Difference between expected and actual experience $ 282,811 $ 108,651 Change of assumptions 352,705 1,338,290 Net difference between projected and actual investment earnings on pension plan investments 17,223,599 -- Total $17,859,115 $ 1,446,941 Page 178 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Pension Expense and Deferred Inflows/Outflows of Resources Related to Pensions (continued) Police Officers' Pension Fund Difference between expected and actual experience Change of assumptions Net difference between projected and actual investment earnings on pension plan investments Total Deferred Deferred Inflows Outflows $ 3,239,607 2,043,636 7,235,858 $ 7,235,858 $ 5,283,243 Deferred Deferred Firefighters' Pension Fund Inflows Outflows Difference between expected and actual experience Change of assumptions Net difference between projected and actual investment earnings on pension plan investments Total $ 1,090,301 $ 1,935,986 -- 544,570 15 969 875 -- $17,060,176 $ 2,480,556 Amounts reported as deferred inflows and deferred outflows of resources related to pensions will be recognized in pension expense as follows: General Police Employees Officers Firefighters' Fiscal Year Ending September 30 2022 $ (3,207,601) $ 1,019,785 $ (3,697,835) 2023 (3,279,355) 174,655 (3,276,661) 2024 (5,022,059) (598,709) (4,421,406) 2025 (4,903,159) (2,548,346) (3,183,718) Total $ (16,412,174) $ (1,952,615) $ (14,579,620) 109 Page 179 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Separately Issued Pension Plan Financial Statements The City's external auditors did not audit the financial statements of the General Employees', Police Officers' and Firefighters' Pension Funds which were audited by other auditors. Copies of the separate, audited financial statements of each pension plan can be obtained from the City's Pension Boards by calling (561) 742-6081 or by writing to: Pension Administrator, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. E. CRA DEFINED CONTRIBUTION PLANS The CRA participates in a 401(a) defined contribution retirement plan and a 457(b) deferred compensation plan (the "Plans"). The Plans are qualified under Sections 401(a), 403(a) and 501(a) of the Internal Revenue Code and are administered by independent trustees. All employees who meet the Plans' eligibility requirements are qualified to participate. Employees make voluntary contributions to the 457(b) plan. The CRA contributes 27.5% of the total salaries of qualified participants to the 401(a) defined contribution retirement plan which totaled $214,896 for the year ended September 30, 2021. NOTE 5 - RELATED PARTY TRANSACTIONS The CRA is a blended component unit of the City. For the year ended September 30, 2021, the CRA's tax increment revenue includes $9,377,669 of taxes received from the City. The CRA received $500,000 in funding from the City to assist in the acquisition of certain lots located in the Cherry Hill neighborhood, and currently owned by the Palm Beach County Housing Authority. The funding was not used for its intended purpose, and is due back to the City. The City has $500,00 due from the CRA included in due from other funds as of September 30, 2021. 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, 2021, totaled approximately $4,237,000. 110 Page 180 of 946 REQUIRED SUPPLEMENTARY INFORMATION Page 181 of 946 CITY OF BOYNTON BEACH, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF CHANGES IN THE NET PENSION LIABILITY (ASSET) AND RELATED RATIOS GENERAL EMPLOYEE'S PENSION PLAN Measurement Date, September 30 Total Pension Liability Service cost Interest Changes of benefit terms Differences between expected and actual experience Change in assumptions Benefit payments, including refunds Other (contributions toward elective benefits) Net Change in Total Pension Liability Total Pension Liability - Beginning of Fiscal Year Total Pension Liability - End of Fiscal Year (a) Plan Fiduciary Net Position Contributions Employer Plan members Net investment income Benefit payments, including refunds Administration expense Net Change in Plan Fiduciary Net Position Plan Fiduciary Net Position - Beginning of Fiscal Year Plan Fiduciary Net Position - End of Fiscal Year (b) Net Pension Liability (Asset) - End of Fiscal Year [(a) -(b)] Plan Fiduciary Net Position as a Percentage of Total Pension Liability Covered payroll Net Pension Liability as a Percentage of Covered Payroll Information prior to fiscal year 2014 is not available LAST EIGHT YEARS 2021 2020 2019 2018 2017 2016 2015 2014 $ 4,091,360 $ 3,594,993 $ 3,461,314 $ 3,435,186 $ 3,115,194 $ 2,990,326 $ 2,954,646 $ 2,968,214 14,926,445 14,494,818 14,109,905 13,626,918 12,836,669 12,699,614 11,691,291 11,192,833 -- -- -- - 5,680,646 (301,927) 244,463 (276,923) 484,186 2,006,523 (4,891,541) 1,191,720 (13,973) (474,328) 1,947,549 2,245,392 1,800,889 4,538,235 -- -- (12,058,744) (11,659,811) (10,561,632) (9,969,109) (9,749,117) (8,516,256) (7,784,781) (7,994,248) 28,660 28,902 28,664 30,897 34,453 36,826 40,842 44,092 6,211,466 8,650,914 9,006,720 9,408,967 12,781,957 2,318,969 13,774,364 6,196,918 212,763,512 204,112,598 195,105,878 185,696,911 172,914,954 170,595,985 156,821,621 150,624,703 $ 218,974,978 $ 212,763,512 $ 204,112,598 $ 195,105,878 $ 185,696,911 $ 172,914,954 $ 170,595,985 $ 156,821,621 $ 7,468,676 $ 7,289,319 $ 7,320,463 $ 7,110,298 $ 6,951,693 $ 7,615,053 $ 7,273,068 $ 6,780,773 1,789,284 1,687,097 1,564,653 1,532,846 1,520,068 1,450,369 1,439,239 1,492,985 38,062,305 12,885,168 6,115,140 15,250,355 17,730,273 16,354,236 1,605,790 11,833,483 (12,058,744) (11,659,811) (10,561,632) (9,969,109) (9,749,117) (8,516,256) (7,784,781) (7,994,248) (161,047) (147,348) (141,005) (137,738) (144,179) (141,114) (142,577) (135,227) 35,100,474 10,054,425 4,297,619 13,786,652 16,308,738 16,762,288 2,390,739 11,977,766 194,072,809 184,018,384 179,720,765 165,934,113 149,625,375 132,863,087 130,472,348 118,494,582 $ 229,173,283 $ 194,072,809 $ 184,018,384 $ 179,720,765 $ 165,934,113 $ 149,625,375 $ 132,863,087 $ 130,472,348 $ (10,198,305) $ 18,690,703 $ 20,094,214 $ 15,385,113 $ 19,762,798 $ 23,289,579 $ 37,732,898 $ 26,349,273 104.7% 91.2% 90.2% 92.1% 89.4% 86.5% 77.9% 83.2% $ 25,151,771 $ 23,688,500 $ 21,942,700 $ 21,456,414 $ 21,223,071 $ 20,193,471 $ 19,977,100 $ 20,698,471 -40.5% 78.9% 91.6% 71.7% 93.1% 115.3% 188.9% 127.3% Page 182 of 946 111 CITY OF BOYNTON BEACH, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF CHANGES IN THE NET PENSION LIABILITY AND RELATED RATIOS POLICE OFFICERS' PENSION PLAN Measurement Date, September 30, Total Pension Liability Service cost Interest Changes of benefit terms Differences between expected and actual experience Changes of assumptions Benefit payments, including refunds Other (adjustments to reserves) Net Change in Total Pension Liability Total Pension Liability - Beginning of Fiscal Year Total Pension Liability - End of Fiscal Year (a) Plan Fiduciary Net Position Contributions Employer State Plan members Net investment income Other income Benefit payments, including refunds Administration expense Net Change in Plan Fiduciary Net Position Plan Fiduciary Net Position - Beginning of Fiscal Year Plan Fiduciary Net Position - End of Fiscal Year (b) Net Pension Liability - End of Fiscal Year [(a) -(b)] Plan Fiduciary Net Position as a Percentage of Total Pension Liability Covered payroll Net Pension Liability as a Percentage of Covered Payroll LAST EIGHT YEARS 2021 2020 2019 2018 2017 2016 2015 2014 $ 3,553,623 $ 3,151,301 $ 3,138,898 $ 3,199,467 $ 2,886,162 $ 3,047,445 $ 2,767,701 $ 2,809,815 11,567,515 10,983,024 10,487,401 10,007,776 9,654,424 9,076,479 8,679,595 8,234,704 -- 16,771 -- -- -- 3,435,967 708,903 455,046 1,355,270 (1,118,136) 1,820,086 (1,776,804) (129,636) 2,129,859 -- -- 3,525,859 3,177,559 (565,994) 617,426 -- (7,824,823) (7,853,275) (7,848,043) (6,939,906) (6,270,887) (6,262,438) (5,507,892) (5,519,854) 678,639 598,703 587,472 578,453 533,304 481,282 3951891 255,655 13,540,780 7,605,427 6,820,774 11,726,919 8,862,426 7,596,860 5,175,917 5,650,684 159,5 71,394 151,965,967 145,145,193 133,418,274 124,555,848 116,958,988 111, 783,071 106,132,387 $ 173,112,174 $ 159,571,394 $ 151,965,967 $ 145,145,193 $ 133,418,274 $ 124,555,848 $ 116,958,988 $ 111,783,071 5,999,430 5,815,515 5,809,713 5,355,058 4,791,528 4,391,305 4,365,259 4,159,736 895,165 907,957 861,862 825,507 781,307 735,945 675,227 645,579 1,260,835 1,166,999 983,971 1,214,260 976,688 928,153 1,040,875 911,375 20,788,895 4,736,754 5,426,455 6,379,064 8,797,727 8,254,453 1,428,464 7,154,203 148,639 59,006 108,110 102,504 98,740 109,362 78,814 28,186 (7,824,823) (7,853,275) (7,848,043) (6,939,906) (6,270,887) (6,262,438) (5,507,892) (5,519,854) (187,230) (165,414) (178,668) (163,266) (167,698) (164,398) (153,104) (125,126) 21,080,911 4,667,542 5,163,400 6,773,221 9,007,405 7,992,382 1,927,643 7,254,099 111,813,658 107,146,116 101,982,716 95,209,495 86,202,090 78,209,708 76,282,065 69,027,966 $ 132,894,569 $ 111,813,658 $ 107,146,116 $ 101,982,716 $ 95,209,495 $ 86,202,090 $ 78,209,708 $ 76,282,065 $ 40,217,605 $ 47,757,736 $ 44,819,851 $ 43,162,477 $ 38,208,779 $ 38,353,758 $ 38,749,280 $ 35,501,006 76.So 70.1% 70.5% 70.3% 71.4% 69.2% 66.9% 68.2% $ 13,006,567 $ 12,682,527 $ 11,268,875 $ 11,522,888 $ 11,834,364 $ 11,279,375 $ 11,553,613 $ 11,070,863 309.2% 376.6% 397.7% 374.6% 322.9% 340.0% 335.4% 320.7% Irfformation prior to fiscal year 2014 is not available. 112 Page 183 of 946 CITY OF BOYNTON BEACH, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF CHANGES IN THE NET PENSION LIABILITY AND RELATED RATIOS FIREFIGHTERS' PENSION PLAN LAST EIGHT YEARS Measiuement Date, September 30, 2021 2020 2019 2018 2017 2016 2015 2014 Total Pension Liability Service cost $ 3,656,658 $ 3,593,983 $ 3,403,511 $ 3,717,529 $ 3,330,443 $ 3,204,682 $ 2,988,536 $ 2,772,724 Interest 13,234,970 12,281,407 11,904,771 11,208,637 10,066,945 9,542,671 8,955,215 8,188,369 Change in benefit teens -- 616,047 (1,384,791) -- -- -- -- -- Differences between expected and actual experience (890,682) 3,514,248 (1,516,079) 1,224,054 668,799 (498,197) 708,071 (28,363) Changes ofassiunptions 709,591 -- -- -- 6,644,861 -- 1,809,581 -- Benefitpayments,includingrefimds (7,058,708) (7,748,238) (7,624,103) (6,076,694) (5,510,050) (5,176,836) (4,308,771) (4,342,743) Other (Rollovers to DROP & adjustments to reserves) 26,271 72,315 371,271 (2,695) (161,694) 79,370 399,111 656,082 Net Change in Total Pension Liability 9,678,100 12,329,762 5,154,580 10,070,831 15,039,304 7,151,690 10,551,743 7,246,069 Total Pension Liability - Beginning offiscal Year 176,325,833 163,996,071 158,841,491 148,770,660 133,731,356 126,579,666 116,027,923 108,781,854 Total Pension Liability- End offiscal Year(a) $ 186,003,933 $ 176,325,833 $ 163,996,071 $ 158,841,491 $ 148,770,660 $ 133,731,356 $ 126,579,666 $ 116,027,923 Plan Fiduciary Net Position Contributions Employer $ 5,215,363 $ 4,734,845 $ 5,627,597 $ 5,444,061 $ 4,293,563 $ 4,195,420 $ 3,930,996 $ 3,522,147 State 995,143 881,763 830,904 789,121 883,314 923,246 963,573 1,016,561 Plan members 1,489,935 1,448,783 1,524,397 1,473,516 1,477,115 1,485,128 1,251,530 1,291,773 Net investment income 26,216,184 15,834,660 6,835,550 9,221,736 12,165,106 9,197,486 282,853 7,187,580 Benefit payments, including refimds (7,058,708) (7,748,238) (7,624,103) (6,076,694) (5,510,050) (5,176,836) (4,308,771) (4,342,743) Administration expense (186,227) (229,164) (184,750) (141,569) (151,010) (161,122) (132,439) (122,390) Other (Rollovers into DROP) 168,513 327,937 379,375 323,472 70,279 271,411 139,860 343,843 Net Change in Plan Fiduciary Net Position 26,840,203 15,250,586 7,388,970 11,033,643 13,228,317 10,734,733 2,127,602 8,896,771 Plan Fiduciary Net Position- Beginning offiscal Year 138,042,942 122,792,356 115,403,386 104,369,743 91,141,426 80,406,693 78,279,091 69,382,320 Plan Fiduciary Net Position- End offiscal Year(b) $ 164,883,145 $ 138,042,942 $ 122,792,356 $ 115,403,386 $ 104,369,743 $ 91,141,426 $ 80,406,693 $ 78,279,091 Net Pension Liability- End offiscal Yea [(a) -(b)] $ 21,120,788 $ 38,282,891 $ 41,203,715 $ 43,438,105 $ 44,400,917 $ 42,589,930 $ 46,172,973 $ 37,748,832 Plan Fiduciary Net Position as a Percentage of Total Pension Liability 88.6% 78.3% 74.9% 72.7% 70.2% 68.21/. 63.5% 67.5% Covered payroll $ 12,144,750 $ 11,666,258 $ 12,156,508 $ 11,133,758 $ 11,219,225 $ 10,906,700 $ 9,962,067 $ 9,925,925 Net Pension Liability as a Percentage of Covered Payroll 173.9% 328.2% 338.9% 390.1% 395.8% 390.5% 463.5% 380.3% Information prior to fiscal year 2014 is not available. Page 184 of 946 113 CITY OF BOYNTON BEACH, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION SCHEDULES OF CITY CONTRIBUTIONS PENSION TRUST FUNDS LAST EIGHT YEARS September 30, $ 2021 2020 2019 $ 2018 $ 2017 2016 $ 2015 $ 2014 General Employees' Pension Fund 4,560,918 Contributions in relation to actuarially Actuarially determined contribution $ 7,468,676 $ 7,289,319 $ 7,320,463 $ 7,110,298 $ 6,951,693 $ 7,608,338 $ 7,273,067 $ 6,780,773 Contributions in relation to actuarially 4,856,392 4,830,346 4,624,823 Contribution Deficiency (Excess) $ -- $ -- $(2,426) $ -- determined contribution $ 7,468,676 7,289,319 7,320,463 $ (63,905) 7,110,298 $ 6,951,693 7,615,053 12,682,527 7,273,068 11,268,875 6,780,773 Contribution Deficiency (Excess) $ -- $ -- $ -- $ -- $ -- $ (6,715) $ (1) $ -- Covered payroll $ 25,151,771 $ 23,688,500 $ 21,942,700 $ 21,456,414 $ 21,223,071 $ 20,193,471 $ 19,977,100 $ 20,698,471 Contributions as a Percentage of 55.7% 50.5% 44.4% 43.1% 41.8% 41.8% Firefighters' Pension Fund Covered Payroll 29.7% 30.8% 33.4% 33.1% 32.8% 37.7% 36.4% 32.8% Police Officers' Pension Fund Actuarially determined contribution $ 6,464,517 $ 6,280,602 $ 6,272,374 $ 5,820,145 $ 5,256,615 $ 4,856,392 $ 4,830,346 $ 4,560,918 Contributions in relation to actuarially determined contribution 6,464,517 6,280,602 6,274,800 5,820,145 5,256,615 4,856,392 4,830,346 4,624,823 Contribution Deficiency (Excess) $ -- $ -- $(2,426) $ -- $ -- $ -- $ -- $ (63,905) Covered payroll $ 12,682,527 $ 12,682,527 $ 11,268,875 $ 11,522,888 $ 11,834,364 $ 11,279,375 $ 11,553,613 $ 11,070,863 Contributions as a Percentage of Covered Payroll 51.0% 49.5% 55.7% 50.5% 44.4% 43.1% 41.8% 41.8% Firefighters' Pension Fund Actuarially determined contribution $ 6,400,723 $ 5,969,275 $ 6,409,551 $ 6,157,171 $ 5,075,517 $ 4,899,742 $ 4,635,318 $ 4,226,469 Contributions in relation to actuarially determined contribution 6,210,506 5,616,608 6,458,501 6,226,015 5,075,517 4,977,374 4,635,318 4,226,469 Contribution Deficiency (Excess) $ 190,217 $ 352,667 $ (48,950) $ (68,844) $ -- $ (77,632) $ -- $ -- Covered payroll $ 12,144,750 $ 11,666,258 $ 12,156,508 $ 11,133,758 $ 11,219,225 $ 10,906,700 $ 9,962,067 $ 9,925,925 Contributions as a Percentage of Covered Payroll 51.1% 48.1% 53.1% 55.9% 45.2% 45.6% 46.5% 42.6% Information prior to fiscal year 2014 is not available. Page 185 of 946 114 CITY OF BOYNTON BEACH, FLORIDA NOTES TO SCHEDULES OF CITY CONTRIBUTIONS FOR THE YEAR ENDED SEPTEMBER 30, 2021 Actuarial valuation date Measurement date Actuarial methods and assumptions used to determine contribution rates: Actuarial cost method Amortization method Remaining amortization period Asset valuation method Investment rate of return (net of expenses, with inflation) Salary increases (with inflation) Inflation Cost of living adjustments Retirement age Mortality General Employees' Pension Fund 10/1/2019 9/30/2021 Entry Age Normal Level Dollar, Closed 6 years 5 -Year Smoothed 6.90% / year 3.25% - 8.6% /year 2.5% / year None Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB Police Officers' Pension Fund 10/1/2019 9/30/2021 Entry Age Normal Level Percent of Payroll, Closed 17 years 5 -Year Smoothed 7.00% / year 5.0% - 6.5% / year 2.5% / year 1.0% annually Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB Firefighters Pension Fund 10/1/2019 9/30/2021 Entry Age Normal Level Percent of Payroll, Closed 19 years 5 -Year Smoothed 7.35% / year 3.5% - 14.5% / year 2.5% / year 2.0% five years after retirement Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB 115 Page 186 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO SCHEDULES OF CITY CONTRIBUTIONS (CONTINUED) FOR THE YEAR ENDED SEPTEMBER 30, 2021 Actuarially determined contribution rates are calculated at October 1, one year prior to the end of the fiscal year in which the contributions are reported. General Employees' Police Officers' Firefighters Pension Fund Pension Fund Pension Fund Actuarial Changes Revisions in benefits None None None Revisions in actuarial assumptions (1) (2) (3) (1) The investment return assumption was reduced from 7.08% in the October 1, 2019 actuarial valuation to 6.90% in the October 1, 2020 actuarial valuation. (2) The investment return assumption was reduced from 7.25% in the October 1, 2019 actuarial valuation to 7.00% in the October 1, 2020 actuarial valuation. 3) The investment return assumption was reduced from 7.50% in the October 1, 2019 actuarial valuation to 7.35% in the October 1, 2020 actuarial valuation. 116 Page 187 of 946 COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS Page 188 of 946 CITY OF BOYNTON BEACH, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION SCHEDULES OF INVESTMENT RETURNS PENSION TRUST FUNDS LAST EIGHT FISCAL YEARS 2017 Annual Money -Weighted Rate of Return, 11.04% Net of Investment Expenses 2016 General Police 11.07% 2015 Employees' Officers' Firefighters' Fiscal Year Ended Pension Pension Pension September 30, Plan Plan Plan 2021 19.90% 18.10% 19.36% 2020 7.30% 8.67% 6.44% 2019 3.80% 5.86% 5.36% 2018 9.70% 7.30% 8.78% 2017 12.50% 11.04% 12.86% 2016 12.60% 10.72% 11.07% 2015 0.80% 2.50% 0.78% 2014 10.20% 11.00% 9.54% Notes to Schedule: The money -weighted rate of return considers the changing amounts estimated as invested during a period and weights the amount of pension plan investments by the proportion of time they are available to earn a return during that period. Cash flows are estimated on a monthly basis and are assumed to occur at the beginning of each month. Cash inflows are netted with cash outflows, resulting in a net cash flow in each month. The money -weighted rate of return is calculated net of investment expenses. Information prior to fiscal year 2014 is not available 117 Page 189 of 946 CITY OF BOYNTON BEACH, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF CHANGES IN THE TOTAL OPEB LIABILITY AND RELATED RATIOS LAST FOUR FISCAL YEARS Measurement Date, September 30, Total OPEB Liability Service cost Interest Changes of benefit terms Differences between expected and actual experience Changes in assumptions Benefit payments Net Change in Total OPEB Liability Total OPEB Liability - Beginning of Fiscal Year Total OPEB Liability - End of Fiscal Year Covered Employee Payroll Net Pension Liability as a Percentage of Covered Employee Payroll 2021 2020 2019 2018 2019 2.75% 2018 3.83% $ 847,477 $ 778,151 $ 616,806 $ 642,372 286,935 315,403 360,589 320,506 -- 109,919 -- -- -- (452,773) -- -- 279,337 67,828 1,296,050 (341,125) (482,949) (419,057) (341,856) (335,455) 930,800 399,471 1,931,589 286,298 11,300,032 10,900,561 8,968,972 8,682,674 $ 12,230,832 $ 11,300,032 $ 10,900,561 $ 8,968,972 $ 46,446,673 $ 44,876,013 $ 55,814,027 $ 47,747,864 26.3% 25.2% 19.5% 18.8% Notes to Schedule: Information prior to adoption of GASB Statement No. 75 in fiscal year 2018 is not available The plan is funded on a pay-as-you-go basis and is not administered as a formal qualifying trust. There were no plan assets as of the date of the most recent valuation. Since there are currently no invested plan assets held 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. Changes of Assumptions : Changes of assumptions and other inputs reflect the effects of changes in the discount rate each year. The following are the discount rates used for each fiscal year: 2021 2.19% 2020 2.41% 2019 2.75% 2018 3.83% 118 Page 190 of 946 Page 191 of 946 MAJOR GOVERNMENTAL FUNDS General Fund — The General Fund serves as the primary operating fund of the City. It accounts for all financial resources except those required to be accounted for in another fund. Boynton Beach CRA Special Revenue Fund — The Boynton Beach CRA Special Revenue Fund accounts for revenues and expenditures relative to all the general operations of the City's Community Redevelopment Agency (CRA). It is a blended component unit that encourages development in the City's downtown area. American Rescue Fund - To account for revenues and expenditures associated with the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan Act (ARPA), which was signed into law on March 11, 2021. Page 192 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCE SHEETS MAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2021 119 Page 193 of 946 Boynton Beach CRA Special American General Revenue Rescue Plan Fund Fund Fund Assets Pooled cash and investments $ 16,347,304 $ 4,280,408 $ 6,208,481 Accounts receivable, net 2,421,851 15,708 -- Due from other governments 716,513 -- -- Due from other funds 1,477,443 -- 500,000 Prepaid items 35,888 132,758 -- Total Assets $ 20,998,999 $ 4,428,874 $ 6,708,481 Liabilities, Deferred Inflows of Resources and Fund Balances Liabilities: Accounts payable $ 1,212,528 $ 109,530 $ -- Accrued liabilities 2,653,740 -- -- Due to other funds -- 445,561 31,142 Refundable deposits 83,998 13,677 -- Total Liabilities 3,950,266 568,768 31,142 Deferred Inflows of Resources Unavailable revenue 1,174,701 -- 6,677,339 Fund Balances Nonspendable Prepaid items 35,888 132,758 -- Restricted for: Other purposes -- Committed for: Emergency purposes 10,239,669 -- Economic development -- 874,999 -- Assigned to: Subsequent year's budget 8,750 -- Economic development -- 2,852,349 -- Unassigned 5,589,725 -- Total Fund Balances 15,874,032 3,860,106 -- Total Liabilities, Deferred Inflows of Resources and Fund Balances $ 20,998,999 $ 4,428,874 $ 6,708,481 119 Page 193 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENTS OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES MAJOR GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 Revenues Taxes Less: tax increment revenue Licenses and permits Intergovernmental Charges for services Special assessments Fines and forfeitures Rents and royalties Investment earnings Miscellaneous Total Revenues Expenditures Current: General government Public safety Physical environment Economic environment Culture and recreation Capital outlay Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources (Uses) Transfers in Transfers out Total Other Financing Sources and Uses Net Change in Fund Balances Fund Balances - Beginning of Year Fund Balances - End of Year Boynton Beach CRA Special American General Revenue Rescue Plan $ 51,806,173 (9,377,669) 5,250,710 12,657,739 7,690,810 7,033,880 612,001 550,081 114,058 4,370,736 80,708,519 14,620,173 65,495,110 1,392,715 757,102 9,885,214 518,308 1,798,318 2,503,716 96,970,656 (16,262,137) 18,473,000 (3,782,370) 14,690,630 (1,571,507) 17,445,539 $ 15,874,032 $ 14,928,164 1,575,454 164,689 146,563 16,668,307 146,563 3,476,446 28,574 -- 103,739 14,250 3,476,446 146,563 13,191,861 -- (12,514,683) (12,514,683) 677,178 3,182,928 $ 3,860,106 $ 120 Page 194 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GENERAL FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Accounts receivable, net Due from other governments Due from other funds Prepaid items Total Assets Liabilities, Deferred Inflows of Resources and Fund Balance Liabilities: Accounts payable Accrued liabilities Refundable deposits Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balance Nonspendable: Prepaid items Committed for: Emergency purposes Assigned to: Subsequent year's budget Unassigned Total Fund Balance 2021 2020 $ 16,347,304 $ 17,762,049 2,421,851 2,462,467 716,513 485,879 1,477,443 2,004,369 35,888 69,144 $ 20,998,999 $ 22,783,908 $ 1,212,528 $ 1,246,896 2,653,740 2,505,908 83,998 460,384 3,950,266 4,213,188 1,174,701 1,125,181 35,888 10,239,669 8,750 5,589,725 15,874,032 69,144 8,324,107 923,613 8,128,675 17,445,539 Total Liabilities, Deferred Inflows of Resources and Fund Balance $ 20,998,999 $ 22,783,908 121 Page 195 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Excess (Deficiency) of Revenues Over 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 (16,262,137) (93,926,650) 18,473,000 16,642,000 (3,782,370) (2,598,073) -- 79,853,165 14,690,630 93,897,092 (1,571,507) (29,558) 17,445,539 17,475,097 $ 15,874,032 $ 17,445,539 122 Page 196 of 946 2021 2020 Revenues Taxes $ 51,806,173 $ 49,045,707 Less: tax increment revenue (9,377,669) (8,693,724) Licenses and permits 5,250,710 7,899,485 Intergovernmental 12,657,739 10,907,151 Charges for services 7,690,810 7,598,573 Special assessments 7,033,880 6,883,199 Fines and forfeitures 612,001 468,382 Rents and royalties 550,081 261,296 Investment earnings 114,058 246,953 Miscellaneous 4,370,736 5,600,127 Total Revenues 80,708,519 80,217,149 Expenditures Current: General government 14,620,173 14,268,144 Public safety 65,495,110 63,159,268 Physical environment 1,392,715 1,231,185 Economic environment 757,102 556,495 Culture and recreation 9,885,214 8,898,870 Capital outlay 518,308 80,725,900 Debt service Principal retirement 1,798,318 2,286,056 Interest charges 2,503,716 3,017,881 Total Expenditures 96,970,656 174,143,799 Excess (Deficiency) of Revenues Over 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 (16,262,137) (93,926,650) 18,473,000 16,642,000 (3,782,370) (2,598,073) -- 79,853,165 14,690,630 93,897,092 (1,571,507) (29,558) 17,445,539 17,475,097 $ 15,874,032 $ 17,445,539 122 Page 196 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BOYNTON BEACH CRA SPECIAL REVENUE FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) 123 Page 197 of 946 2021 2020 Assets Pooled cash and investments $ 4,280,408 $ 3,070,013 Accounts receivable, net 15,708 6,089 Prepaid items 132,758 203,995 Total Assets $ 4,428,874 $ 3,280,097 Liabilities and Fund Balance Liabilities: Accounts payable $ 109,530 $ 80,070 Due to primary government 445,561 -- Refundable deposits 13,677 17,099 Total Liabilities 568,768 97,169 Fund Balance Nonspendable: Prepaid items 132,758 203,995 Committed for economic development 874,999 1,425,909 Assigned to economic development 2,852,349 1,553,024 Total Fund Balance 3,860,106 3,182,928 Total Liabilities and Fund Balance $ 4,428,874 $ 3,280,097 123 Page 197 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH CRA SPECIAL REVENUE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) 2021 2020 Revenues Taxes $ 14,928,164 $ 13,932,896 Charges for services 1,575,454 1,168,931 Investment earnings 164,689 225,982 Total Revenues 16,668,307 15,327,809 Expenditures Current: General government 3,476,446 3,357,826 Total Expenditures 3,476,446 3,357,826 Excess (Deficiency) of Revenues Over Expenditures 13,191,861 11,969,983 Other Financing Uses Transfers out (12,514,683) (11,693,401) Total Other Financing Uses (12,514,683) (11,693,401) Net Change in Fund Balance 677,178 276,582 Fund Balance - Beginning of Year 3,182,928 2,906,346 Fund Balance - End of Year $ 3,860,106 $ 3,182,928 124 Page 198 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET AMERICAN RESCUE FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Due from other funds Total Assets Liabilities and Fund Balance Liabilities Due to other funds Deferred revenue Total Liabilities Fund Balance Restricted for: Other purposes Total Fund Balance Total Liabilities and Fund Balance 2021 2020 $ 6,208,481 $ -- 500,000 -- $ 6,708,481 $ -- $ 31,142 $ -- 6,677,339 -- 6,708,481 -- $ 6,708,481 $ -- 125 Page 199 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE AMERICAN RESCUE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Intergovernmental Total Revenues Expenditures Current: General government Public safety Economic environment Total Expenditures Excess of Revenues Over Expenditures Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 146,563 $ -- 146,563 -- 28,574 -- 103,739 -- 14,250 -- 146,563 -- 126 Page 200 of 946 MAJOR ENTERPRISE FUNDS Water & Sewer Fund — Enterprise funds account for activities for which a fee is charged to external users for services or activities financed with debt that is secured solely by a pledge of the net revenues from fees of the activity. Sanitation Fund — To account for the operations of refuse and recycling pickup for all residences and commercial establishments located within the city limits of Boynton Beach. Page 201 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENTS OF NET POSITION MAJOR ENTERPRISE FUNDS SEPTEMBER 30, 2021 Current liabilities payable from restricted assets: Water & Customer deposits Sewer Sanitation Assets 5,760,000 -- Current assets: 516,491 -- Pooled cash and investments $ 21,977,966 $ 1,725,618 Accounts receivable, net 6,482,157 1,313,530 Prepaid expenses 77,410 -- Noncurrent Liabilities 28,537,533 3,039,148 Restricted assets: Restricted pooled cash and investments: 72,219,712 -- Customer deposits 1,562,528 -- Revenue bond covenants 9,788,320 -- Capital improvements 41,504,989 -- Total Liabilities 52,855,837 2,098,165 Restricted accounts receivable - customer deposits 38,553 Total restricted assets 52,894,390 40,177 Total Current Assets 81,431,923 3,039,148 Noncurrent Assets 4,879,494 1,838,590 Investment in Regional Wastewater Joint Venture 16,650,509 -- Intangible assets 2,910,000 1,446 Capital assets not being depreciated 9,109,118 -- Capital assets, net of accumulated depreciation 171,237,474 1,446 Net pension asset 2,724,988 1,026,969 Total Noncurrent Assets 202,632,089 1,028,415 Total Assets 284,064,012 4,067,563 Deferred Outflows of Resources Deferred charges on debt refundings 1,070,725 -- Deferred amounts related to OPEB 242,110 90,454 Deferred amounts related to pensions 386,623 145,707 Total Deferred Outflows of Resources 1,699,458 236,161 Liabilities Current liabilities: Accounts payable 958,345 397,796 Accrued expenses 425,916 141,859 Refundable deposits 158,477 -- Compensated absences payable 132,905 42,810 Due to other governments 80,000 1,755,643 582,465 Current liabilities payable from restricted assets: Customer deposits 1,601,081 -- Revenue bonds, current maturities 5,760,000 -- Accrued revenue bond interest 516,491 -- Contracts payable 1,600 -- 7,879,172 -- Total Current Liabilities 9,634,815 582,465 Noncurrent Liabilities Revenue bonds payable, less current maturities, plus unamortized premium 72,219,712 -- Compensated absences payable, less current portion 889,444 286,501 Other postemployment benefits 3,290,094 1,229,199 Total Noncurrent Liabilities 76,399,250 1,515,700 Total Liabilities 86,034,065 2,098,165 Deferred Inflows of Resources Deferred amounts related to OPEB 107,538 40,177 Deferred amounts related to pensions 4,771,956 1,798,413 Total Deferred Inflows of Resources 4,879,494 1,838,590 Net Position Net investment in capital assets 147,850,994 1,446 Restricted for: Revenue bond covenants 3,511,829 -- Net pension asset 2,724,988 1026969 Unrestricted (deficit) 40,762,100 (661,446) Total Net Position $ 194,849,911 $ 366,969 127 Page 202 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION MAJOR ENTERPRISE FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2020 Operating Expenses Personal services and benefits 9,126,053 3,422,589 Supplies, services and claims 14,686,266 5,750,184 Depreciation and amortization 12,242,767 2,475 Total Operating Expenses 36,055,086 9,175,248 Operating Income 14,141,201 4,092,990 Nonoperating Revenues (Expenses) Investment earnings 124,851 1,991 Interest expense (1,596,054) -- Equity in loss of Regional Wastewater Joint Venture (650,572) -- Miscellaneous income 145,232 -- Total Operating Revenues (Expenses) (1,987,742) (38,184) Income Before Contributions and Transfers 12,153,459 4,054,806 Capital Contributions 367,348 -- Transfers Transfers in Water & 10,000 Transfers out Sewer Sanitation Operating Revenues (8,716,479) (2,558,610) Charges for services: 3,804,328 1,496,196 Water sales $ 24,976,528 $ -- Sewer service 19,736,462 -- Stormwater utility fees 5,483,297 -- Garbage fees -- 13,257,797 Recycling fees -- 10,441 Total Operating Revenues 50,196,287 13,268,238 Operating Expenses Personal services and benefits 9,126,053 3,422,589 Supplies, services and claims 14,686,266 5,750,184 Depreciation and amortization 12,242,767 2,475 Total Operating Expenses 36,055,086 9,175,248 Operating Income 14,141,201 4,092,990 Nonoperating Revenues (Expenses) Investment earnings 124,851 1,991 Interest expense (1,596,054) -- Equity in loss of Regional Wastewater Joint Venture (650,572) -- Miscellaneous income 145,232 -- Total Operating Revenues (Expenses) (1,987,742) (38,184) Income Before Contributions and Transfers 12,153,459 4,054,806 Capital Contributions 367,348 -- Transfers Transfers in -- 10,000 Transfers out (8,716,479) (2,568,610) Total Transfers (8,716,479) (2,558,610) Change in Net Position 3,804,328 1,496,196 Net Position (Deficit) - Beginning of Year 191,045,583 (1,129,227) Net Position - End of Year $ 194,849,911 $ 366,969 128 Page 203 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENTS OF CASH FLOWS MAJOR ENTERPRISE CASH FLOWS FOR THE YEAR ENDED SEPTEMBER 30, 2021 129 Page 204 of 946 Water & Sewer Sanitation Cash Flows From Operating Activities Receipts from customers and users $ 48,802,170 $ 13,345,676 Receipts from others 253,789 Payments to suppliers (15,128,324) (3,140,802) Payments to employees (11,275,720) (4,164,921) Payments for interfund services used (1,026,687) (2,525,008) Net Cash Provided by Operating Activities 21,625,228 3,514,945 Cash Flows From Non -Capital Financing Activities Transfers in 10,000 Transfers out (8,716,479) (2,568,610) Net Cash Used in Non -capital Financing Activities (8,716,479) (2,558,610) Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (7,618,492) (42,085) Capital contributions 367,348 Proceeds from issuance of revenue refunding bonds 41,140,000 Bond issuance costs paid 764,150 Payment to escrow agent for advance refunding of revenue bonds (42,470,000) Principal payments on revenue bonds (4,507,679) Interest payments on revenue bonds (1,955,293) Net Cash Used in Capital and Related Financing Activities (14,279,966) (42,085) Cash Flows From Investing Activity Interest on pooled cash and investments 124,851 1,991 Net Cash Provided by Investing Activity 124,851 1,991 Increase (decrease) in pooled cash and investments (1,246,366) 916,241 Pooled Cash and Investments - Beginning of Year 76,080,169 809,377 Pooled Cash and Investments - End of Year $ 74,833,803 $ 1,725,618 Reconciliation of Operating Income to Net Cash Provided By Operating Activities Operating income $ 14,141,201 $ 4,092,990 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 12,242,767 2,475 Provision for doubtful accounts (81,556) Miscellaneous income 253,789 Changes in operating assets, liabilities, deferred inflows/outflows: Accounts receivable (1,302,733) 77,438 Prepaid expenses (26,542) Deferred amounts related to OPBB (31,506) (14,563) Deferred amounts related to pensions 5,792,852 2,140,426 Accounts payable (1,449,836) 84,374 Accrued expenses 14,357 (13,373) Refundable deposits (3,943) Due to other governments 7,633 Customer deposits (5,885) Compensated absences payable (69,078) (138,954) Total OPEB liability 117,045 129,706 Net pension liability (7,973,337) (2,845,574) Total Adjustments 7,484,027 (578,045) Net Cash Provided by Operating Activities $ 21,625,228 $ 3,514,945 Noncash Investing, Capital and Related Financing Activities Equity in loss of Regional Wastewater Joint Venture $ (650,571) $ Amortization ofbond premiums $ 62,746 $ Amortization of charges on refundings $ (108,873) $ 129 Page 204 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION WATER & SEWER SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) 130 Page 205 of 946 2021 2020 Assets Current Assets Pooled cash and investments $ 21,977,966 $ 17,555,406 Accounts receivable, net 6,482,157 5,097,921 Prepaid expenses 77,410 50,868 28,537,533 22,704,195 Restricted assets: Restricted pooled cash and investments: Customer deposits 1,562,528 1,568,466 Revenue bond covenants 9,788,320 8,667,960 Capital improvements 41,504,989 48,288,337 52,855,837 58,524,763 Restricted accounts receivable - customer deposits 38,553 38,500 Total restricted assets 52,894,390 58,563,263 Total Current Assets 81,431,923 81,267,458 Noncurrent Assets Investment in Regional Wastewater Joint Venture 16,650,509 17,301,080 Intangible assets 2,910,000 2,910,000 Capital assets not being depreciated 9,109,118 40,413,892 Capital assets, net of accumulated depreciation 171,237,474 145,977,992 Net pension asset 2,724,988 -- Total Noncurrent Assets 202,632,089 206,602,964 Total Assets 284,064,012 287,870,422 Deferred Outflows of Resources Deferred charges on debt refundings 1,070,725 881,004 Deferred amounts related to OPEB 242,110 254,142 Deferred amounts related to pensions 386,623 1,444,353 Total Deferred Outflows of Resources 1,699,458 2,579,499 Liabilities Current Liabilities Accounts payable 958,345 2,408,181 Accrued expenses 425,916 411,559 Refundable deposits 158,477 162,420 Compensated absences payable 132,905 141,886 Due to other governments 80,000 72,367 1,755,643 3,196,413 Current liabilities payable from restricted assets: Customer deposits 1,601,081 1,606,966 Revenue bonds, current maturities 5,760,000 4,640,000 Accrued revenue bond interest 516,491 921,857 Contracts payable 1,600 1,302,861 7,879,172 8,471,684 Total Current Liabilities 9,634,815 11,668,097 Noncurrent Liabilities Revenue bonds payable, less current maturities, plus unamortized premium 72,219,712 78,177,392 Compensated absences payable, less current portion 889,444 949,541 Total OPEB liability 3,290,094 3,173,049 Net pension liability 5,248,349 Total Noncurrent Liabilities 76,399,250 87,548,331 Total Liabilities 86,034,065 99,216,428 Deferred Inflows of Resources Deferred amounts related to OPEB 107,538 151,076 Deferred amounts related to pensions 4,771,956 36,834 Total Deferred Inflows of Resources 4,879,494 187,910 Net Position Net investment in capital assets 147,850,994 151,440,972 Restricted for: Revenue bond covenants 3,511,829 3,106,103 Net pension asset 2,724,988 -- Unrestricted 40,762,100 36,498,508 Total Net Position $ 194,849,911 $ 191,045,583 130 Page 205 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION WATER & SEWER FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) 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 2021 2020 $ 24,976,528 $ 24,049,139 19,736,462 19,501,315 5,483,297 5,038,729 50,196,287 48,589,183 9,126,053 10,186,810 14,686,266 14,486,006 12,242,767 11,558,779 36,055,086 36,231,595 14,141,201 12,357,588 124,851 791,160 (1,596,054) (2,992,127) (650,572) (818,077) 145,232 69,844 (1,987,742) (2,949,200) 12,153,459 9,408,388 367,348 476,654 (8,716,479) (8,166,662) (8,716,479) (8,166,662) 3,804,328 1,718,380 191,045,583 189,327,203 $ 194,849,911 $ 191,045,583 131 Page 206 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS WATER & SEWER FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Noncash Investing, Capital and Related Financing Activities Equity in loss of Regional Wastewater Joint Venture $ 2021 2020 Cash Flows From Operating Activities (119,756) $ Amortization of bond premiums $ Receipts from customers and users $ 48,802,170 $ 48,581,867 Receipts from others 253,789 69,844 Payments to suppliers (15,128,324) (13,384,442) Payments to employees (11,275,720) (10,863,369) Payments for interfund services used (1,026,687) (804,830) Net Cash Provided by Operating Activities 21,625,228 23,599,070 Cash Flows From Non -Capital Financing Activity Transfers out (8,716,479) (8,166,662) Net Cash Used in Non -capital Financing Activity (8,716,479) (8,166,662) Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (7,618,492) (11,527,925) Capital contributions 367,348 476,654 Proceeds from issuance of refunding revenue bonds 41,140,000 52,970,000 Bond issuance costs paid 764,150 (212,930) Payment to escrow agent for advance refunding of revenue bonds (42,470,000) (52,972,928) Principal payments on revenue bonds (4,507,679) (4,215,000) Interest payments on revenue bonds (1,955,293) (3,192,714) Net Cash Used in Capital and Related Financing Activities (14,279,966) (18,674,843) Cash Flows From Investing Activity Interest on pooled cash and investments 124,851 791,160 Net Cash Provided by Investing Activity 124,851 791,160 Decrease in pooled cash and investments (1,246,366) (2,451,275) Pooled Cash and Investments - Beginning of Year 76,080,169 78,531,444 Pooled Cash and Investments - End of Year $ 74,833,803 $ 76,080,169 Reconciliation of Operating Income to Net Cash Provided By Operating Activities Operating income $ 14,141,201 $ 12,357,588 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 12,242,767 11,558,779 Provision for doubtful accounts (81,556) 97,346 Miscellaneous income 253,789 69,844 Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable (1,302,733) (129,435) Prepaid expenses (26,542) 1,013 Deferred amounts related to OPEB (31,506) 149,287 Deferred amounts related to pensions 5,792,852 (325,678) Accounts payable (1,449,836) 283,016 Accrued expenses 14,357 82,896 Refundable deposits (3,943) 17,514 Due to other governments 7,633 12,705 Customer deposits (5,885) 7,259 Compensated absences payable (69,078) 132,837 Total OPEB liability 117,045 (66,598) Net pension liability (7,973,337) (649,303) Total Adjustments 7,484,027 11,241,482 Net Cash Provided by Operating Activities $ 21,625,228 $ 23,599,070 Noncash Investing, Capital and Related Financing Activities Equity in loss of Regional Wastewater Joint Venture $ (650,571) $ (818,077) Loss on disposal of capital assets $ (119,756) $ Amortization of bond premiums $ 62,746 $ 62,746 Amortization of charges on refundings $ (108,873) $ (108,873) 132 Page 207 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION SANITATION FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Net Position (Deficit) Net investment in capital assets 1,446 2,011 Restricted for: Net pension asset 1,026,969 -- Unrestricted (deficit) (661,446) (1,131,238) Total Net Position (Deficit) $ 366,969 $ (1,129,227) 133 Page 208 of 946 2021 2020 Assets Current Assets Pooled cash and investments $ 1,725,618 $ 809,377 Accounts receivable, net 1,313,530 1,390,968 Total Current Assets 3,039,148 2,200,345 Noncurrent Assets Capital assets, net of accumulated depreciation 1,446 2,011 Net pension asset 1,026,969 -- Total Noncurrent Assets 1,028,415 2,011 Total Assets 4,067,563 2,202,356 Deferred Outflows of Resources Deferred amounts related to OPEB 90,454 88,063 Deferred amounts related to pensions 145,707 500,483 Total Deferred Outflows of Resources 236,161 588,546 Liabilities Current Liabilities Accounts payable 397,796 313,422 Accrued expenses 141,859 155,232 Compensated absences payable 42,810 60,874 Total Current Liabilities 582,465 529,528 Noncurrent Liabilities Compensated absences payable, less current portion 286,501 407,391 Total OPEB liability 1,229,199 1,099,493 Net pension liability -- 1,818,605 Total Noncurrent Liabilities 1,515,700 3,325,489 Total Liabilities 2,098,165 3,855,017 Deferred Inflows of Resources Deferred amounts related to OPEB 40,177 52,349 Deferred amounts related to pensions 1,798,413 12,763 Total Deferred Inflows of Resources 1,838,590 65,112 Net Position (Deficit) Net investment in capital assets 1,446 2,011 Restricted for: Net pension asset 1,026,969 -- Unrestricted (deficit) (661,446) (1,131,238) Total Net Position (Deficit) $ 366,969 $ (1,129,227) 133 Page 208 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION SANITATION FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Operating Revenues Charges for services: Garbage fees Recycling fees Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Income Nonoperating Revenues Investment earnings Miscellaneous income Total Nonoperating Revenues Income Before Transfers Transfers: Transfers in Transfers out Total Transfers Change in Net Position Net Position (Deficit) - Beginning of Year Net Position (Deficit) - End of Year 2021 2020 $ 13,257,797 $ 13,022,899 10,441 3,369 13,268,238 13,026,268 3,422,589 3,877,161 5,750,184 5,699,666 2,475 2,233 9,175,248 9,579,060 4,092,990 3,447,208 1,991 2,571 -- 2,988 (38,184) 5,559 4,054,806 3,452,767 10,000 10,000 (2,568,610) (2,526,313) (2,558,610) (2,516,313) 1,496,196 936,454 (1,129,227) (2,065,681) $ 366,969 $ (1,129,227) 134 Page 209 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS SANITATION FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) 135 Page 210 of 946 2021 2020 Cash Flows From Operating Activities Receipts from customers and users $ 13,345,676 $ 12,895,413 Receipts from others 2,988 Payments to suppliers (3,140,802) (3,568,925) Payments to employees (4,164,921) (3,732,517) Payments for interfund services used (2,525,008) (2,272,889) Net Cash Provided by Operating Activities 3,514,945 3,324,070 Cash Flows From Non -Capital Financing Activities Transfers in 10,000 10,000 Transfers out (2,568,610) (2,526,313) Net Cash Used in Non -capital Financing Activities (2,558,610) (2,516,313) Cash Flows From Capital and Related Financing Activity Acquisition of capital assets (42,085) (951) Net Cash Used in Capital and Related Financing Activity (42,085) (951) Cash Flows From Investing Activity Interest on pooled cash and investments 1,991 2,571 Net Cash Provided by Investing Activity 1,991 2,571 Increase in Pooled Cash and Investments 916,241 809,377 Pooled Cash and Investments - Beginning of Year 809,377 Pooled Cash and Investments - End of Year $ 1,725,618 $ 809,377 Reconciliation of Operating Income to Net Cash Provided By Operating Activities Operating income $ 4,092,990 $ 3,447,208 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 2,475 2,233 Miscellaneous income 2,988 Changes in operating assets, liabilities and deferred outflows/inflows: Accounts receivable 77,438 (130,855) Deferred amounts related to OPEB (14,563) 37,648 Deferred amounts related to pensions 2,140,426 (107,738) Accounts payable 84,374 (111,230) Accrued expenses (13,373) 35,160 Due to other funds (30,918) Compensated absences payable (138,954) 84,102 Total OPEB liability 129,706 157,685 Net pension liability (2,845,574) (62,213) Total Adjustments (578,045) (123,138) Net Cash Provided by Operating Activities $ 3,514,945 $ 3,324,070 135 Page 210 of 946 Page 211 of 946 NONMAJOR GOVERNMENTAL FUNDS SPECIAL REVENUE FUNDS Special Revenue Funds are funds containing certain revenue sources set aside for a specific purpose. Some funds contain legal restrictions requiring that they may only be spent for a specific purpose. Grants Fund - To account for Parks Development Grants and Law Enforcement Grants received by the City. FEMA Hurricane Fund - To account for hurricane related grants and expenditures. SHIP Grant Fund - To account for revenues and expenditures related to the State's affordable housing initiative program. CDBG Grant Fund - To account for revenues and expenditures related to the Community Development Block Grant. Traffic Safety Fund - To account for revenues and expenditures related to red light traffic cameras. Local Option Gas Tax Fund - To account for gas tax revenues restricted for roadway program expenditures. Community Improvements Fund - To account for revenues and expenditures relative to the City's low- income home improvements program. Green Building Fund - To account for revenues and expenditures related to the City's energy improvements to public buildings. Public Art Fund - To account for fees collected from developers to be used by the City for establishing and enhancing public art throughout the City. Recreation Program Fund - To account for revenues and expenditures relative to recreation programs in the City. Boynton Beach Memorial Park Fund - To account for revenues and expenditures relative to the City's two cemeteries. Community Services Fund - To account for assets that are restricted for designated purposes. Building Fund - To account for revenues and expenditures associated with the services provided by the building department. DEBT SERVICE FUNDS Debt Service Funds are used to account for resources accumulated and payments made for principal and interest on long-term debt of governmental funds. Public Service Tax Debt Service Fund - The Public Service Tax Debt Service Fund accounts for the payment of principal and interest and fiscal charges on the City's revenue bonds which are payable from non -ad valorem revenues. Boynton Beach CRA Debt Service Fund - To account for the accumulation of resources for the annual payment of principal and interest on long-term obligation debt of the Boynton Beach Community Redevelopment Agency. Page 212 of 946 CAPITAL PROJECTS FUNDS Capital projects funds are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary and trust funds. General Capital Improvements Fund: To account for City construction projects, such as major improvements to general City buildings and improvements to streets and sidewalks. Parks & Recreational Facilities Fund: To account for the acquisition or development of City parks and recreational lands funded by fees collected from developers. Boynton Beach CRA Bond Projects Fund: To account for capital projects funded through bonds issued by the Boynton Beach Community Redevelopment Agency. Local Government Surtax Improvement Fund: To account for infrastructure projects that will be funded by the one -cent sales surtax. Page 213 of 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING BALANCE SHEET NON -MAJOR GOVERNMENT FUNDS SEPTEMBER 30, 2021 Liabilities, Deferred Inflows of Resources Special Revenue Funds and Fund Balances (Deficit) Liabilities Local FEMA SHIP CDBG Traffic Option $ 28 Grants Hurricane Grant Grant Safetv Gas Tax Assets Due to other funds 260,005 Pooled cash and investments $ $ 1,335,726 $ 417,230 $ 100,877 $ 2,825,449 $ 325,533 Receivables, net 27,061 38,709 Refundable deposits Due from other governments 185,576 570,540 96,143 108,266 Due from other funds Total Liabilities 330,615 Prepaid items -- -- -- -- Deferred Inflows of Resources Total Assets $ 185,576 $ 1,335,726 $ 417,230 $ 710,126 $ 2,921,592 $ 433,799 Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) Liabilities Accounts payable $ 70,610 $ $ 28 $ 587,309 $ 73,318 $ Accrued liabilities Due to other funds 260,005 Due to other governments 27,061 Refundable deposits Other payables Total Liabilities 330,615 28 587,309 100,379 Deferred Inflows of Resources Unavailable revenue 15,122 25,521 -- -- Fund Balances (Deficit) Nonspendable: Prepaid items Restricted for: Public safety Grant programs 1,335,726 391,681 122,817 Debt service Capital projects 433,799 Other purposes Committed for: Capital projects Assigned to: Debt service Public safety 2,821,213 Culture and recreation Cemetery maintenance Capital projects Unassigned (deficit) (160,161) -- -- Total Fund Balances (Deficit) (160,161) 1,335,726 391,681 122,817 2,821,213 433,799 Total Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) $ 185,576 $ 1,335,726 $ 417,230 $ 710,126 $ 2,921,592 $ 433,799 (Continued) 136 Page 214 of 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING BALANCE SHEET NON -MAJOR GOVERNMENT FUNDS (CONTINUED) SEPTEMBER 30, 2021 Page 215 otIz U46 Special Revenue Funds Boynton Beach Community Green Public Recreation Memorial Community Improvements Building Art Program Park Services Assets Pooled cash and investments $ $ 291,223 $ $ 635,207 $ 2,994,398 $ 1,116,262 Receivables, net 412 31,486 Due from other governments 2,421 Due from other funds Prepaid items -- -- -- Total Assets $ $ 291,223 $ $ 635,619 $ 3,025,884 $ 1,118,683 Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) Liabilities Accounts payable $ 9,444 $ $ 86 $ 14,056 $ 28,840 $ 10,617 Accrued liabilities 3,759 3,955 4,028 5,242 Due to other funds 375,191 222,730 Due to other governments Refundable deposits Other payables -- -- -- -- Total Liabilities 388,394 226,771 18,084 34,082 10,617 Deferred Inflows of Resources Unavailable revenue 60,615 -- -- -- Fund Balances (Deficit) Nonspendable: Prepaid items Restricted for: Public safety 653,322 Grant programs Debt service Capital projects Other purposes 454,744 Committed for: Capital projects Assigned to: Debt service Public safety Parks and recreation 617,535 Cemetery maintenance 2,991,802 Capital projects 291,223 Unassigned (deficit) (449,009) -- (226,771) -- -- Total Fund Balances (Deficit) (449,009) 291,223 (226,771) 617,535 2,991,802 1,108,066 Total Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) $ $ 291,223 $ $ 635,619 $ 3,025,884 $ 1,118,683 (Continued) Page 215 otIz U46 CITY OF BOYNTON BEACH, FLORIDA COMBINING BALANCE SHEET NON -MAJOR GOVERNMENT FUNDS (CONTINUED) SEPTEMBER 30, 2021 Page 216 046 Special Revenue Funds Debt Service Funds Sub Total Public Boynton Sub Total Special Service Beach Debt Building Revenue Tax Debt CRA Debt Service Fund Funds Service Service Funds Assets Pooled cash and investments $ 1,445,454 $ 11,487,359 $ 5,100,074 $ 120,621 $ 5,220,695 Receivables, net 70,607 766,859 766,859 Due from other governments 962,946 224,701 224,701 Due from other funds Prepaid items Total Assets $ 1,445,454 $ 12,520,912 $ 6,091,634 $ 120,621 $ 6,212,255 Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) Liabilities Accounts payable $ 316,267 $ 1,110,575 $ $ $ Accrued liabilities 16,984 Due to other funds 857,926 Due to other governments 27,061 Refundable deposits 1,805 1,805 Other payables Total Liabilities 318,072 2,014,351 Deferred Inflows of Resources Unavailable revenue 101,258 Fund Balances (Deficit) Nonspendable: Prepaid items Restricted for: Public safety 653,322 Grant programs 1,850,224 Debt service 120,621 120,621 Capital projects 433,799 Other purposes 1,127,382 1,582,126 Committed for: Capital projects Assigned to: Debt service 6,091,634 6,091,634 Public safety 2,821,213 Culture and recreation 617,535 Cemetery maintenance 2,991,802 Capital projects 291,223 Unassigned (deficit) (835,941) -- -- Total Fund Balances 1,127,382 10,405,303 6,091,634 120,621 6,212,255 Total Liabilities, Deferred Inflows of Resources and Fund Balances $ 1,445,454 $ 12,520,912 $ 6,091,634 $ 120,621 $ 6,212,255 (Continued) Page 216 046 CITY OF BOYNTON BEACH, FLORIDA COMBINING BALANCE SHEET NON -MAJOR GOVERNMENT FUNDS SEPTEMBER 30, 2021 Page 217 ot�946 Capital Projects Funds Boynton Beach Local Sub Total Non -Major General Parks & CRA Government Capital Governmental Capital Recreational Bond Surtax Projects Funds Improvements Facilities Projects Improvement Funds Total Assets Pooled cash and investments $ 1,787,190 $ 460,809 $ 12,039,073 $ 2,385,659 $ 16,672,731 $ 33,380,785 Receivables, net 32,671 32,671 870,137 Due from other governments 425,225 425,225 1,612,872 Due from other funds 445,561 445,561 445,561 Prepaid items 46,361 -- 46,361 46,361 Total Assets $ 1,787,190 $ 460,809 $ 12,563,666 $ 2,810,884 $ 17,622,549 $ 36,355,716 Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) Liabilities Accounts payable $ 142,930 $ $ 204,524 $ 397,590 $ 745,044 $ 1,855,619 Accrued liabilities 16,984 Due to other funds 500,000 500,000 1,357,926 Due to other governments 27,061 Refundable deposits 1,805 Other payables Total Liabilities 142,930 704,524 397,590 1,245,044 3,259,395 Deferred Inflows of Resources Unavailable revenue 6,523 6,523 107,781 Fund Balances (Deficit) Nonspendable: Prepaid items 46,361 46,361 46,361 Restricted for: Public safety 653,322 Grant programs 1,850,224 Debt service 120,621 Capital projects 2,413,294 2,413,294 2,847,093 Other purposes 1,582,126 Committed for: Capital projects 3,908,906 3,908,906 3,908,906 Assigned to: Debt service 6,091,634 Public safety 2,821,213 Culture and recreation 617,535 Cemetery maintenance 2,991,802 Capital projects 1,644,260 460,809 7,897,352 10,002,421 10,293,644 Unassigned (deficit) (835,941) Total Fund Balances 1,644,260 460,809 11,852,619 2,413,294 16,370,982 32,988,540 Total Liabilities, Deferred Inflows of Resources and Fund Balances $ 1,787,190 $ 460,809 $ 12,563,666 $ 2,810,884 $ 17,622,549 $ 36,355,716 Page 217 ot�946 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON -MAJOR GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 Revenues Taxes, net of tax increment revenue Licenses and permits Intergovernmental Charges for services Fines and forfeitures Investment earnings Donations Miscellaneous Total Revenues Expenditures Current: General government Public safety Physical environment Economic environment Culture and recreation Capital outlay: General government Public safety Physical environment Economic environment Culture and recreation Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources (Uses) Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning of Year Fund Balances (Deficit) - End of Year Special Revenue Funds Local FEMA SHIP CDBG Traffic Option Grants Hurricane Grant Grant Safety Gas Tax $ $ $ $ $ $ 1,279,257 905,784 82,739 230,076 921,657 2,302,463 1,308 4,011 443 905,784 82,739 231,384 921,657 2,306,474 1,279,700 290,604 259,202 843,094 1,150 437,493 603,833 59,522 622,355 4,838 17,524 958,603 -- 437,493 603,833 1,138,536 1,150 (52,819) 82,739 (206,109) 317,824 1,167,938 1,278,550 48,483 (1,250,000) (43,749) (66,419) (350,000) (1,300,000) 48,483 (1,250,000) (43,749) (66,419) (350,000) (1,300,000) (4,336) (1,167,261) (249,858) 251,405 817,938 (21,450) (155,825) 2,502,987 641,539 (128,588) 2,003,275 455,249 $1( 60,161) $ 1,335,726 $ 391,681 $ 122,817 $ 2,821,213 $ 433,799 (Continued) 140 Page 218 of 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON -MAJOR GOVERNMENTAL FUNDS (CONTINUED) FOR THE YEAR ENDED SEPTEMBER 30, 2021 (Continued) Page 21W6 946 Special Revenue Funds Boynton Beach Community Green Public Recreation Memorial Community Improvements Building Art Program Park Services Revenues Taxes, net of tax increment revenue $ $ $ $ $ $ Licenses and permits 349,226 Intergovernmental Charges for services 91,098 500,911 159,000 Special assessments Fines and forfeitures 70,432 Investment earnings 475 1,084 5,554 2,060 Donations 26,392 195,020 Miscellaneous 257 3,000 8,036 5,000 Total Revenues 257 91,573 378,618 510,031 169,554 267,512 Expenditures Current: General government 264,441 59,825 Public safety 104,182 Physical environment 49,601 Economic environment 319,624 Culture and recreation 219,348 425,476 32,322 Capital outlay: General government Public safety 2,971 Physical environment Economic environment Culture and recreation 53,955 1,269 10,575 Debt service: Principal retirement Interest charges Total Expenditures 319,624 49,601 273,303 426,745 264,441 209,875 Excess (Deficiency) of Revenues Over Expenditures (319,367) 41,972 105,315 83,286 (94,887) 57,637 Other Financing Sources (Uses) Transfers in 110,168 20,000 Transfers out (45,795) Total Other Financing Sources (Uses) 110,168 -- 20,000 (45,795) Net Change in Fund Balances (209,199) 41,972 125,315 83,286 (140,682) 57,637 Fund Balances (Deficit) -Beginning of Year (239,810) 249,251 (352,086) 534,249 3,132,484 1,050,429 Fund Balances (Deficit) -End of Year $ (449,009) $ 291,223 $ (226,771) $ 617,535 $ 2,991,802 $ 1,108,066 (Continued) Page 21W6 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON -MAJOR GOVERNMENTAL FUNDS (CONTINUED) FOR THE YEAR ENDED SEPTEMBER 30, 2021 142 Page 220 of 946 Special Revenue Funds Debt Service Funds Sub Total Public Boynton Sub Total Special Service Beach Debt Building Revenue Tax Debt CRA Debt Service Fund Funds Service Service Funds Revenues Taxes, net of tax increment revenue $ $ 1,279,257.00 $ 10,637,514 $ $ 10,637,514 Licenses and permits 3,490,053 3,839,279 Intergovernmental 2,140,256 Charges for services 751,009 Fines and forfeitures 2,372,895 Investment earnings 62 14,997 6,529 2,065 8,594 Donations 221,412 Miscellaneous 183,088 199,381 Total Revenues 3,673,203 10,818,486 10,644,043 2,065 10,646,108 Expenditures Current: General government 614,870 (824) (824) Public safety 2,732,166 3,938,644 Physical environment 50,751 Economic environment 1,360,950 Culture and recreation 736,668 Capital outlay: General government Public safety 630,164 Physical environment Economic environment Culture and recreation 83,323 Debt service: Principal retirement 2,130,000 1,807,000 3,937,000 Interest charges 327,283 327,283 287,820 328,363 616,183 Total Expenditures 3,059,449 7,742,653 2,416,996 2,135,363 4,552,359 Excess (Deficiency) of Revenues Over Expenditures 613,754 3,075,833 8,227,047 (2,133,298) 6,093,749 Other Financing Sources (Uses) Transfers in 534,948 713,599 2,137,822 2,137,822 Transfers out (21,320) (3,077,283) (7,840,000) (7,840,000) Total Other Financing Sources (Uses) 513,628 (2,363,684) (7,840,000) 2,137,822 (5,702,178) Net Change in Fund Balances 1,127,382 712,149 387,047 4,524 391,571 Fund Balances (Deficit) - Beginning of Year 9,693,154 5,704,587 116,097 5,820,684 Fund Balances (Deficit) - End of Year $ 1,127,382 $ 10,405,303 $ 6,091,634 $ 120,621 $ 6,212,255 (Continued) 142 Page 220 of 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON -MAJOR GOVERNMENTAL FUNDS Revenues Taxes, net of tax increment revenue Licenses and permits Intergovernmental Charges for services Fines and forfeitures Investment earnings Donations Miscellaneous Total Revenues Expenditures Current: General government Public safety Physical environment Economic environment Culture and recreation Capital outlay: General government Public safety Physical environment Economic environment Culture and recreation Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources (Uses) Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning of Year Fund Balances (Deficit) - End of Year FOR THE YEAR ENDED SEPTEMBER 30, 2021 3,202 Capital Projects Funds 3,202 617,248 -- Boynton Beach Local Sub Total Non -Major General Parks & CRA Government Capital Governmental Capital Recreational Bond Surtax Projects Funds Improvements Facilities Projects Improvement Funds Total $ $ $ $ $ $ 11,916,771 16,459 -- -- 3,839,279 630,164 84,980 6,162,106 6,162,106 8,302,362 84,980 203,905 -- 203,905 954,914 3,576,146 -- -- -- 2,372,895 2,614 586 191,547 7,305 202,052 225,643 -- -- -- -- -- 221,412 -- -- -- -- 5,364,088 199,381 2,614 204,491 191,547 6,169,411 6,568,063 28,032,657 3,202 3,202 617,248 -- -- -- 3,938,644 1,067 -- 1,067 51,818 -- -- 6,180,444 -- 6,180,444 7,541,394 17,136 -- -- 5,950 23,086 759,754 -- 16,459 -- 16,459 16,459 -- -- -- 630,164 84,980 -- 84,980 84,980 -- 3,576,146 -- 3,576,146 3,576,146 896,714 -- 5,358,138 6,254,852 6,338,175 2,193,478 -- 2,193,478 6,130,478 119,116 119,116 1,062,5 82 3,314,626 17,526 9,756,590 5,364,088 18,452,830 30,747,842 (3,312,012) 186,965 (9,565,043) 805,323 (11,884,767) (2,715,185) 2,287,567 -- 10,376,861 -- 12,664,428 15,515,849 (1,237,567) (1,237,567) (12,154,850) 2,287,567 10,376,861 (1,237,567) 11,426,861 3,360,999 (1,024,445) 186,965 811,818 (432,244) (457,906) 645,814 2,668,705 273,844 11,040,801 2,845,538 16,828,888 32,342,726 $ 1,644,260 $ 460,809 $ 11,852,619 $ 2,413,294 $ 16,370,982 $ 32,988,540 143 Page 221 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GRANTS FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Receivables, net Due from other governments Total Assets Liabilities, Deferred Inflows of Resources and Fund Balance (Deficit) Liabilities Accounts payable Due to other funds Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balance (Deficit) Unassigned (deficit) Total Fund Balance (Deficit) Total Liabilities, Deferred Inflows of Resources and Fund Balance (Deficit) 2021 2020 $ -- $ 10,940 185,576 327,149 $ 185,576 $ 338,089 $ 70,610 $ 7,980 260,005 459,411 330,615 467,391 15,122 26,523 (160,161) (155,825) (160,161) (155,825) $ 185,576 $ 338,089 144 Page 222 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) GRANTS FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Intergovernmental Total Revenues Expenditures Current: Public safety Culture and recreation Capital outlay: Public safety Culture and recreation Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance (Deficit) - Beginning of Year Fund Balance (Deficit) - End of Year 2021 2020 $ 905,784 $ 972,153 905,784 972,153 259,202 146,941 59,522 115,963 622,355 611,047 17,524 106,477 958,603 980,428 (52,819) (8,275) 48,483 3,302 48,483 3,302 (4,336) (4,973) (155,825) (150,852) $ (160,161) $ (155,825) 145 Page 223 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET FEMA HURRICANE FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Due from other governments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Total Liabilities Fund Balance Restricted for grant programs Total Fund Balance 2021 $ 1,335,726 2020 $ 2,222,809 288,768 $ 1,335,726 $ 2,511,577 8,590 -- 8,590 1,335,726 2,502,987 1,335,726 2,502,987 Total Liabilities and Fund Balance $ 1,335,726 $ 2,511,577 146 Page 224 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE FEMA HURRICANE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) 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 2021 2020 $ 82,739 $ 1,615,654 82,739 1,615,654 -- 8,590 -- 8,590 (1,167,261) 1,607,064 2,502,987 895,923 $ 1,335,726 $ 2,502,987 147 Page 225 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET SHIP GRANT FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Total Assets Liabilities, Deferred Inflows of Resources and Fund Balance Liabilities Accounts payable Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balance Restricted for grant programs Total Fund Balance Total Liabilities, Deferred Inflows of Resources and Fund Balance $ 28 $ 10,227 28 10,227 25,521 224,876 391,681 641,539 391,681 641,539 $ 417,230 $ 876,642 148 Page 226 of 946 2021 2020 $ 417,230 $ 876,642 $ 417,230 $ 876,642 $ 28 $ 10,227 28 10,227 25,521 224,876 391,681 641,539 391,681 641,539 $ 417,230 $ 876,642 148 Page 226 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE SHIP GRANT FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Intergovernmental Total Revenues Expenditures Current: Economic environment Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 230,076 $ 493,768 231,384 498,521 437,493 254,274 437,493 254,274 (206,109) 244,247 (43,749) (12,871) (43,749) (12,871) (249,858) 231,376 641,539 410,163 $ 391,681 $ 641,539 149 Page 227 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET CDBG GRANT FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Receivables, net Due from other governments Total Assets Liabilities and Fund Balance (Deficit) Liabilities Accounts payable Due to other funds Total Liabilities Fund Balance (Deficit) Restricted for grant programs Total Fund Balance (Deficit) Total Liabilities and Fund Balance (Deficit) 2021 2020 $ 100,877 $ -- 38,709 -- 570,540 -- $ 710,126 $ -- 587,309 11,512 -- 117,076 587,309 128,588 122,817 (128,588) 122,817 (128,588) $ 710,126 $ -- 150 Page 228 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) CDBG GRANT FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Intergovernmental Total Revenues Expenditures Current: Economic environment Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 921,657 $ 63,000 921,657 63,000 603,833 196,508 603,833 196,508 317,824 (133,508) (66,419) -- (66,419) -- 251,405 (133,508) (128,588) 4,920 $ 122,817 $ (128,588) 151 Page 229 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET TRAFFIC SAFETY FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Due from other governments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Due to other governments Total Liabilities Fund Balance Assigned to: Public safety Total Fund Balance Total Liabilities and Fund Balance 2021 2020 $ 2,825,449 $ 2,046,806 96,143 77,917 $ 2,921,592 $ 2,124,723 $ 73,318 $ 76,794 27,061 44,654 100,379 121,448 2,821,213 2,003,275 2,821,213 2,003,275 $ 2,921,592 $ 2,124,723 152 Page 230 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE TRAFFIC SAFETY FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Fines and forfeitures Investment earnings Miscellaneous Total Revenues Expenditures Current: General government Public safety Capital outlav: Public safety Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year 2021 $ 2,302,463 4,011 2020 $ 1,921,180 16,494 2,306,474 1,937,832 290,604 279,144 843,094 729,723 4,838 -- 1,138,536 1,008,867 1,167,938 928,965 (350,000) (968,325) (350,000) (968,325) 817,938 (39,360) 2,003,275 2,042,635 Fund Balance - End of Year $ 2,821,213 $ 2,003,275 153 Page 231 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET LOCAL OPTION GAS TAX FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Due from other governments Total Assets Fund Balance Restricted for capital projects 2021 $ 325,533 108,266 2020 $ 355,614 99,635 $ 433,799 $ 455,249 433,799 455,249 Total Fund Balance $ 433,799 $ 455,249 154 Page 232 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE LOCAL OPTION GAS TAX FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Taxes Investment earnings Total Revenues Expenditures Current: Physical environment Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 1,279,257 $ 1,229,597 443 2,529 1,279,700 1,232,126 1,150 1,150 1,150 1,150 1,278,550 1,230,976 (1,300,000) (1,300,000) (1,300,000) (1,300,000) (21,450) (69,024) 455,249 524,273 $ 433,799 $ 455,249 155 Page 233 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL LOCAL OPTION GAS TAX FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 Variance with Expenditures Current: Physical environment 1,150 1,150 1,150 -- Total Expenditures 1,150 1,150 1,150 -- Excess (Deficiency) of Revenues Over Expenditures 1,225,345 1,225,345 1,278,550 53,205 Other Financing Uses Transfers out (1,300,000) (1,300,000) (1,300,000) -- Appropriated fund balance 74,655 74,655 -- 74,655 Total Other Financing Uses (1,225,345) (1,225,345) (1,300,000) -- Net Change in Fund Balance -- $ -- (21,450) $ 53,205 Fund Balance - Beginning of Year 455,249 Fund Balance - End of Year $ 433,799 156 Page 234 of 946 Final Budget Original Final Positive Budget Budget Actual (Negative Revenues Taxes $ 1,224,632 $ 1,224,632 $ 1,279,257 $ 54,625 Investment earnings 1,863 1,863 443 (1,420) Total Revenues 1,226,495 1,226,495 1,279,700 53,205 Expenditures Current: Physical environment 1,150 1,150 1,150 -- Total Expenditures 1,150 1,150 1,150 -- Excess (Deficiency) of Revenues Over Expenditures 1,225,345 1,225,345 1,278,550 53,205 Other Financing Uses Transfers out (1,300,000) (1,300,000) (1,300,000) -- Appropriated fund balance 74,655 74,655 -- 74,655 Total Other Financing Uses (1,225,345) (1,225,345) (1,300,000) -- Net Change in Fund Balance -- $ -- (21,450) $ 53,205 Fund Balance - Beginning of Year 455,249 Fund Balance - End of Year $ 433,799 156 Page 234 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET COMMUNITY IMPROVEMENTS FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Total Assets Liabilities, Deferred Inflows of Resources and Fund Balance (Deficit) Liabilities Accounts payable Accrued liabilities Due to other funds Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balance (Deficit) Unassigned (deficit) Total Fund Balance (Deficit) Total Liabilities, Deferred Inflows of Resources and Fund Balance (Deficit) 2021 2020 $ 9,444 $ -- 3,759 7,011 375,191 171,927 388,394 178,938 60,615 60,872 (449,009) (239,810) (449,009) (239,810) 157 Page 235 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) COMMUNITY IMPROVEMENTS FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Miscellaneous Total Revenues Expenditures Current: Economic environment Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance (Deficit) - Beginning of Year Fund Balance (Deficit) - End of Year 2021 2020 $ 257 $ -- 257 -- 319,624 149,617 110,168 319,624 149,617 (136,748) (319,367) (149,617) 110,168 12,869 110,168 12,869 (209,199) (136,748) (239,810) (103,062) $ (449,009) $ (239,810) 158 Page 236 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) BUDGET AND ACTUAL COMMUNITY IMPROVEMENTS FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues Miscellaneous $ 7,100 $ 7,100 $ 257 $ (6,843) Total Revenues 7,100 7,100 257 (6,843) Expenditures Current: Economic environment Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Appropriated fund balance Total Other Financing Sources Net Change in Fund Balance Fund Balance (Deficit) - Beginning of Year Fund Balance (Deficit) - End of Year 277,958 321,958 319,624 2,334 277,958 321,958 319,624 2,334 (270,858) (314,858) (319,367) (4,509) 209,318 209,318 110,168 (99,150) 61,540 105,540 -- (105,540) 270,858 314,858 110,168 (204,690) $ $ -- (209,199) $ (209,199) (239,810) $ (449,009) 159 Page 237 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GREEN BUILDING FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Total Liabilities Fund Balance Assigned to: Capital projects Total Fund Balance Total Liabilities and Fund Balance 2021 2020 $ 291,223 $ 252,653 $ 291,223 $ 252,653 3,402 -- 3,402 291,223 249,251 291,223 249,251 $ 291,223 $ 252,653 160 Page 238 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE GREEN BUILDING FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Charges for services Investment earnings Total Revenues Expenditures Current: Physical environment Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 $ 91,098 2020 $ 66,982 1,895 91,573 68,877 49,601 64,006 49,601 64,006 41,972 4,871 41,972 4,871 249,251 244,380 $ 291,223 $ 249,251 161 Page 239 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET PUBLIC ART FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Accrued liabilities Due to other funds Refundable deposits Total Liabilities Fund Balance (Deficit) Unassigned (Deficit) Total Fund Balance (Deficit) Total Liabilities and Fund Balance 2021 2020 $ 86 3,955 222,730 $ 171,341 2,405 110,603 67,737 226,771 352,086 (226,771) (352,086) (226,771) (352,086) 162 Page 240 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) PUBLIC ART FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Licenses and permits Donations Miscellaneous Total Revenues Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Revenues Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 349,226 $ -- 26,392 13,871 3,000 -- 378,618 13,871 219,348 268,341 53,955 387,910 273,303 656,251 105,315 (642,380) 20,000 20,000 20,000 20,000 125,315 (622,380) (352,086) 270,294 $ (226,771) $ (352,086) 163 Page 241 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) BUDGET AND ACTUAL PUBLIC ART FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 Other Financing Sources (Uses) Transfers in 20,000 20,000 20,000 -- Transfer to fund balance (553,621) (489,586) -- 489,586 Total Other Financing Sources (Uses) (533,621) (469,586) 20,000 489,586 Net Change in Fund Balance $ -- -- 125,315 $ 125,315 Fund Balance (Deficit) - Beginning of Year (352,086) Fund Balance (Deficit) - End of Year $ (226,771) 164 Page 242 of 946 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues Licenses and permits $ 300,000 $ 300,000 $ 349,226 $ 49,226 Donations 715,000 715,000 26,392 (688,608) Miscellaneous -- -- 3,000 3,000 Total Revenues 1,015,741 1,015,741 378,618 (637,123) Expenditures Current: Culture and recreation 262,120 294,320 219,348 74,972 Capital outlay: Culture and recreation 220,000 251,835 53,955 197,880 Total Expenditures 482,120 546,155 273,303 272,852 Excess (Deficiency) of Revenues Over Expenditures 533,621 469,586 105,315 (364,271) Other Financing Sources (Uses) Transfers in 20,000 20,000 20,000 -- Transfer to fund balance (553,621) (489,586) -- 489,586 Total Other Financing Sources (Uses) (533,621) (469,586) 20,000 489,586 Net Change in Fund Balance $ -- -- 125,315 $ 125,315 Fund Balance (Deficit) - Beginning of Year (352,086) Fund Balance (Deficit) - End of Year $ (226,771) 164 Page 242 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET RECREATION PROGRAM FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) 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 2021 2020 $ 635,207 $ 561,912 412 240 $ 635,619 $ 562,152 $ 14,056 $ 23,500 4,028 4,403 18,084 27,903 617,535 534,249 617,535 534,249 $ 635,619 $ 562,152 165 Page 243 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE RECREATION PROGRAM FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Charges for services Investment earnings Miscellaneous Total Revenues Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Expenditures Excess of Revenues Over Expenditures Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 500,911 $ 307,826 1,084 4,251 8,036 15,976 510,031 328,053 425,476 318,671 1,269 2,650 426,745 321,321 83,286 6,732 83,286 6,732 534,249 527,517 $ 617,535 $ 534,249 166 Page 244 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE RECREATION PROGRAM FUND BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2021 Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Expenditures Excess of Revenues Over 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 576,559 607,734 425,476 182,258 -- 1,300 1,269 31 576,559 609,034 426,745 182,289 44,057 11,582 83,286 71,704 (44,057) (11,582) -- (44,057) (11,582) -- -- -- 83,286 534,249 $ 617,535 11,582 11,582 83,286 167 Page 245 of 946 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues Charges for services $ 598,800 $ 598,800 $ 500,911 $ (97,889) Investment earnings 3,616 3,616 1,084 (2,532) Miscellaneous 18,200 18,200 8,036 (10,164) Total Revenues 620,616 620,616 510,031 (110,585) Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Expenditures Excess of Revenues Over 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 576,559 607,734 425,476 182,258 -- 1,300 1,269 31 576,559 609,034 426,745 182,289 44,057 11,582 83,286 71,704 (44,057) (11,582) -- (44,057) (11,582) -- -- -- 83,286 534,249 $ 617,535 11,582 11,582 83,286 167 Page 245 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BOYNTON BEACH MEMORIAL PARK FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Receivables, net Total Assets Liabilities and Fund Balance Liabilities Accounts payable Accrued liabilities Total Liabilities Fund Balance Assigned to: Cemetery maintenance Total Fund Balance Total Liabilities and Fund Balance 2021 2020 $ 2,994,398 $ 3,127,111 31,486 12,339 $ 3,025,884 $ 3,139,450 $ 28,840 $ 3,026 5,242 3,940 34,082 6,966 2,991,802 3,132,484 2,991,802 3,132,484 $ 3,025,884 $ 3,139,450 168 Page 246 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH MEMORIAL PARK FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Charges for services Investment earnings Miscellaneous Total Revenues Expenditures Current: General government Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers out Total Other Financing Sources Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 159,000 $ 174,110 5,554 48,010 5,000 8,945 169,554 231,065 264,441 259,886 264,441 259,886 (94,887) (28,821) (45,795) (43,557) (45,795) (43,557) (140,682) (72,378) 3,132,484 3,204,862 $ 2,991,802 $ 3,132,484 169 Page 247 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH MEMORIAL PARK FUND BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2021 Expenditures Current: General government Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources (Uses) Transfers out Appropriated fund balance Total Other Financing Sources (Uses) Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 244,601 267,001 264,441 2,560 Variance with Original Final 267,001 Final Budget 2,560 Budget Budget Actual Positive (Negative) Revenues (94,887) 18,114 Charges for services $ 133,000 $ 133,000 $ 159,000 $ 26,000 Investment earnings 15,000 15,000 5,554 (9,446) Miscellaneous 6,000 6,000 5,000 (1,000) Total Revenues 154,000 154,000 169,554 15,554 Expenditures Current: General government Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources (Uses) Transfers out Appropriated fund balance Total Other Financing Sources (Uses) Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 244,601 267,001 264,441 2,560 247,601 267,001 264,441 2,560 (93,601) (113,001) (94,887) 18,114 (45,795) (45,795) (45,795) -- 139,396 158,796 -- (158,796) 93,601 113,001 (45,795) (158,796) $ -- $ -- (140,682) $ (140,682) 3,132,484 $ 2,991,802 170 Page 248 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET COMMUNITY SERVICES FUNDS SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Due from other governments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Total Liabilities Fund Balance Restricted for: Public safety Other purposes Total Fund Balance Total Liabilities and Fund Balance 2021 2020 $ 1,116,262 $ 1,135,777 2,421 20,797 $ 1,118,683 $ 1,156,574 $ 10,617 $ 106,145 10,617 106,145 653,322 699,614 454,744 350,815 1,108,066 1,050,429 $ 1,118,683 $ 1,156,574 171 Page 249 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE COMMUNITY SERVICES FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Fines and forfeitures Investment earnings Donations Total Revenues Expenditures Current: General government Public safety Culture and recreation Capital outlay: Public safety Culture and recreation Total Expenditures Excess of Revenues Over Expenditures Net Change in Fund Balance Fund Balance - Beginning of Year 2021 2020 $ 70,432 $ 202,038 2,060 7,922 195,020 230,893 267,512 440,853 59,825 104,182 32,322 41,084 116,044 31,963 2,971 55,722 10,575 156,675 209,875 401,488 57,637 39,365 57,637 39,365 1,050,429 1,011,064 Fund Balance - End of Year $ 1,108,066 $ 1,050,429 172 Page 250 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BUILDING FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Refundable deposits Total Liabilities Fund Balance Restricted for: Other purposes Total Fund Balance Total Liabilities and Fund Balance 2021 2020 $ 1,445,454 $ -- $ 1,445,454 $ -- $ 316,267 1,805 318,072 1,127,382 -- 1,127,382 -- $ 1,445,454 $ -- 173 Page 251 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUILDING FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Licenses and permits Investment earnings Miscellaneous Total Revenues Expenditures Current: Public safety Debt service: Interest Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Uses Transfers in Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 $ 3,490,053 62 183,088 3,673,203 2,732,166 327,283 3,059,449 613,754 534,948 (21,320) 513,628 1,127,382 2020 $ 1,127,382 $ -- 174 Page 252 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET PUBLIC SERVICE TAX DEBT SERVICE FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Taxes receivable Due from other governments Total Assets Fund Balance Assigned to debt service Total Fund Balance Total Liabilities and Fund Balance 2021 2020 $ 5,100,074 766,859 224,701 $ 4,721,356 760,698 222,533 $ 6,091,634 $ 5,704,587 $ 6,091,634 $ 5,704,587 6,091,634 5,704,587 $ 6,091,634 $ 5,704,587 175 Page 253 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE PUBLIC SERVICE TAX DEBT SERVICE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS 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 Excess of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 10,637,514 $ 10,565,666 6,529 24,745 10,644,043 10,590,411 (824) 7,561 2,130,000 2,095,000 287,820 329,014 2,416,996 2,431,575 8,227,047 8,158,836 (7,840,000) (7,840,000) (7,840,000) (7,840,000) 387,047 318,836 5,704,587 5,385,751 $ 6,091,634 $ 5,704,587 176 Page 254 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE PUBLIC SERVICE TAX DEBT SERVICE FUND BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2021 Other Financing Sources (Uses) Transfers out (7,840,000) (7,840,000) (7,840,000) -- Appropriated fund balance 57,246 57,246 -- (57,246) Total Other Financing Uses (7,782,754) (7,782,754) (7,840,000) (57,246) Net Change in Fund Balance $ -- $ -- 387,047 $ 387,047 Fund Balance - Beginning of Year 5,704,587 Fund Balance - End of Year $ 6,091,634 177 Page 255 of 946 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues Taxes $ 10,199,738 $ 10,199,738 $ 10,637,514 $ 437,776 Investment earnings 20,836 20,836 6,529 (14,307) Total Revenues 10,220,574 10,220,574 10,644,043 423,469 Expenditures Current: General government 20,000 20,000 (824) 20,824 Debt service: Principal retirement 2,130,000 2,130,000 2,130,000 -- Interest charges 287,820 287,820 287,820 -- Total Expenditures 2,437,820 2,437,820 2,416,996 20,824 Excess of Revenues Over Expenditures 7,782,754 7,782,754 8,227,047 444,293 Other Financing Sources (Uses) Transfers out (7,840,000) (7,840,000) (7,840,000) -- Appropriated fund balance 57,246 57,246 -- (57,246) Total Other Financing Uses (7,782,754) (7,782,754) (7,840,000) (57,246) Net Change in Fund Balance $ -- $ -- 387,047 $ 387,047 Fund Balance - Beginning of Year 5,704,587 Fund Balance - End of Year $ 6,091,634 177 Page 255 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BOYNTON BEACH CRA DEBT SERVICE FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) 2021 2020 Assets Pooled cash and investments $ 120,621 $ 116,097 Total Assets $ 120,621 $ 116,097 Fund Balance Restricted for debt service $ 120,621 $ 116,097 Total Fund Balance $ 120,621 $ 116,097 178 Page 256 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH CRA DEBT SERVICE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Investment earnings Total Revenues Expenditures Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 2,065 $ 5,416 2,065 5,416 1,807,000 1,762,000 328,363 376,527 2,135,363 2,138,527 (2,133,298) (2,133,111) 2,137,822 2,139,852 2,137,822 2,139,852 4,524 6,741 116,097 109,356 $ 120,621 $ 116,097 179 Page 257 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GENERAL CAPITAL IMPROVEMENTS FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Other payables Total Liabilities Fund Balance Assigned to: Capital projects Total Fund Balance Total Liabilities and Fund Balance 2021 2020 $ 1,787,190 $ 2,928,945 $ 1,787,190 $ 2,928,945 $ 142,930 $ 57,764 -- 202,476 142,930 260,240 1,644,260 2,668,705 1,644,260 2,668,705 $ 1,787,190 $ 2,928,945 180 Page 258 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE GENERAL CAPITAL IMPROVEMENTS FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) 181 Page 259 of 946 2021 2020 Revenues Investment earnings $ 2,614 $ 135,908 Miscellaneous -- 278,616 Total Revenues 2,614 414,524 Expenditures Current: General government 3,202 3,200 Culture and recreation 17,136 179 Capital outlay: General government -- 18,500 Physical environment 84,980 205,000 Culture and recreation 896,714 2,858,413 Debt service: Principal retirement 2,193,478 2,834,578 Interest charges 119,116 255,243 Total Expenditures 3,314,626 6,175,113 Excess (Deficiency) of Revenues Over Expenditures (3,312,012) (5,760,589) Other Financing Sources Transfers in 2,287,567 7,440,452 Total Other Financing Sources 2,287,567 7,440,452 Net Change in Fund Balance (1,024,445) 1,679,863 Fund Balance - Beginning of Year 2,668,705 988,842 Fund Balance - End of Year $ 1,644,260 $ 2,668,705 181 Page 259 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL GENERAL CAPITAL IMPROVEMENTS FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 Expenditures Current: General government Culture and recreation Capital outlay: General government Physical environment Culture and recreation Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Issuance of installment debt Appropriated fund balance Total Other Financing Sources Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 3,202 3,202 3,202 -- -- 17,200 17,136 64 30,000 117,000 -- 117,000 750,000 717,500 84,980 632,520 2,092,022 2,255,606 896,714 1,358,892 -- 2,194,000 2,193,478 522 -- 120,000 119,116 884 2,875,224 5,424,508 3,314,626 2,109,882 (2,374,474) (4,241,197) (3,312,012) 929,185 1,650,000 2,887,567 2,287,567 (600,000) -- (371,625) -- 371,625 724,474 1,725,255 -- (1,725,255) 2,374,474 4,241,197 2,287,567 (1,953,630) $ -- $ -- (1,024,445) $ (1,024,445) 2,668,705 $ 1,644,260 182 Page 260 of 946 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues Investment earnings $ 750 $ 750 $ 2,614 $ 1,864 Miscellaneous 500,000 1,182,561 -- (1,182,561) Total Revenues 500,750 1,183,311 2,614 (1,180,697) Expenditures Current: General government Culture and recreation Capital outlay: General government Physical environment Culture and recreation Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Issuance of installment debt Appropriated fund balance Total Other Financing Sources Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 3,202 3,202 3,202 -- -- 17,200 17,136 64 30,000 117,000 -- 117,000 750,000 717,500 84,980 632,520 2,092,022 2,255,606 896,714 1,358,892 -- 2,194,000 2,193,478 522 -- 120,000 119,116 884 2,875,224 5,424,508 3,314,626 2,109,882 (2,374,474) (4,241,197) (3,312,012) 929,185 1,650,000 2,887,567 2,287,567 (600,000) -- (371,625) -- 371,625 724,474 1,725,255 -- (1,725,255) 2,374,474 4,241,197 2,287,567 (1,953,630) $ -- $ -- (1,024,445) $ (1,024,445) 2,668,705 $ 1,644,260 182 Page 260 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET PARKS & RECREATIONAL FACILITIES FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Total Assets Fund Balance Assigned to: Capital projects Total Fund Balance 2021 2020 $ 460,809 $ 273,844 $ 460,809 $ 273,844 460,809 273,844 $ 460,809 $ 273,844 183 Page 261 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE PARKS & RECREATIONAL FACILITIES FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Charges for services Investment earnings Total Revenues Expenditures Current: Physical environment Capital outlay: General government Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 203,905 $ 184,117 586 2,294 204,491 186,411 1,067 1,067 16,459 65,835 17,526 66,902 186,965 119,509 -- (15,000) -- (15,000) 186,965 104,509 273,844 169,335 $ 460,809 $ 273,844 184 Page 262 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BOYNTON BEACH CRA BOND PROJECTS FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments Receivables, net Due from other funds Prepaid items Total Assets Liabilities and Fund Balance Liabilities Accounts payable Due to primary government Deferred revenue Total Liabilities Fund Balance Nonspendable: Prepaid items Committed for: Capital projects Assigned to: Capital projects Total Fund Balance Total Liabilities and Fund Balance 2021 2020 $ 12,039,073 $ 11,081,596 32,671 -- 445,561 -- 46,361 33,972 $ 12,563,666 $ 11,115,568 $ 204,524 $ 74,767 500,000 -- 6,523 -- 711,047 74,767 46,361 33,972 3,908,906 5,777,612 7,897,352 5,229,217 11,852,619 11,040,801 $ 12,563,666 $ 11,115,568 185 Page 263 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH CRA BOND PROJECTS FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Investment earnings Total Revenues Expenditures Current: Economic environment Capital outlay: Economic environment Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 191,547 $ 157,815 191,547 157,815 6,180,444 10,151,278 3,576,146 368,626 9,756,590 10,519,904 (9,565,043) (10,362,089) 10,376,861 9,553,549 10,376,861 9,553,549 811,818 (808,540) 11,040,801 11,849,341 $ 11,852,619 $ 11,040,801 186 Page 264 of 946 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET LOCAL GOVERNMENT SURTAX IMPROVEMENT FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Pooled cash and investments 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 2021 2020 $ 2,385,659 $ 3,055,142 425,225 339,893 $ 2,810,884 $ 3,395,035 $ 397,590 $ 536,058 -- 13,439 397,590 549,497 2,413,294 2,845,538 2,413,294 2,845,538 $ 2,810,884 $ 3,395,035 187 Page 265 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE LOCAL GOVERNMENT SURTAX IMPROVEMENT FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Revenues Intergovernmental Investment earnings Total Revenues Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2021 2020 $ 6,162,106 $ 5,331,081 7,305 66,595 6,169,411 5,397,676 5,950 31,168 5,358,138 5,846,164 5,364,088 5,877,332 805,323 (479,656) (1,237,567) (5,760,427) (1,237,567) (5,760,427) (432,244) (6,240,083) 2,845,538 9,085,621 $ 2,413,294 $ 2,845,538 188 Page 266 of 946 NONMAJOR ENTERPRISE FUND Enterprise funds account for activities for which a fee is charged to external users for services or activities financed with debt that is secured solely by a pledge of the net revenues from fees of the activity. Golf Course Fund - To account for operations of the City's municipal golf course. Page 267 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION GOLF COURSE FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Current Assets Accounts receivable, net Prepaid expenses Inventories Total Current Assets Noncurrent Assets Capital assets not being depreciated Capital assets, net of accumulated depreciation Net pension asset Total Noncurrent Assets Total Assets Deferred Outflows of Resources Deferred amounts related to OPEB Deferred amounts related to pensions Total Deferred Outflows of Resources Liabilities Current Liabilities Accounts payable Accrued expenses Due to other funds Unearned revenues Compensated absences payable, current portion Total Current Liabilities Noncurrent Liabilities Compensated absences payable, less current portion Other postemployment benefits Net pension liability Total Noncurrent Liabilities Total Liabilities Deferred Inflows of Resources Deferred amounts related to OPEB Deferred amounts related to pensions Total Deferred Inflows of Resources Net Position Investment in capital assets Restricted for: Net pension asset Unrestricted (deficit) Total Net Position 2021 2020 $ 2,625 $ 3,640 -- 6,503 29,993 24,799 32,618 34,942 1,356,467 1,356,467 580,992 543,114 182,550 -- 2,120,009 1,899,581 2,152,627 1,934,523 16,021 25,900 17,558 72,526 41,921 90,084 21,036 35,389 44,023 46,134 13,845 628,024 19,864 49,317 16,404 17,406 115,172 776,270 109,784 116,485 217,709 219,221 -- 263,539 327,493 599,245 442,665 1,375,515 7,116 319,678 10,438 1,850 326,794 12,288 1,937,459 1,899,581 182,550 -- (694,920) (1,262,777) $ 1,425,089 $ 636,804 189 Page 268 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN NET POSITION GOLF COURSE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Nonoperating Expenses Investment income 46 -- Gain on disposal of capital assets (52,930) -- Total Nonoperating Expenses (52,884) -- Income Before Transfers 875,631 287,445 Transfers Transfers out (87,346) (43,580) Total Transfers (87,346) (43,580) Change in Net Position 788,285 243,865 Net Position - Beginning of Year 636,804 392,939 Net Position - End of Year $ 1,425,089 $ 636,804 190 Page 269 of 946 2021 2020 Operating Revenues Charges for services: Cart and green fees $ 2,108,980 $ 1,640,199 Dues 116,368 69,621 Other services 326,827 308,551 Total Operating Revenues 2,552,175 2,018,371 Operating Expenses Personal services and benefits 1,005,719 1,001,559 Supplies, services and claims 500,685 606,334 Depreciation and amortization 117,256 123,033 Total Operating Expenses 1,623,660 1,730,926 Operating Income 928,515 287,445 Nonoperating Expenses Investment income 46 -- Gain on disposal of capital assets (52,930) -- Total Nonoperating Expenses (52,884) -- Income Before Transfers 875,631 287,445 Transfers Transfers out (87,346) (43,580) Total Transfers (87,346) (43,580) Change in Net Position 788,285 243,865 Net Position - Beginning of Year 636,804 392,939 Net Position - End of Year $ 1,425,089 $ 636,804 190 Page 269 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS GOLF COURSE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Cash Flows From Operating Activities Receipts from customers and users Payments to suppliers Payments to employees Payments for interfund services used Net Cash Provided by Operating Activities Cash Flows From Non -Capital Financing Activities Loans to other funds Transfers out Net Cash Used in Non -Capital Financing Activities Cash Flows From Capital and Related Financing Activity Acquisition of capital assets Net Cash Used in Capital and Related Financing Activity Cash Flows From Investing Activity Interest on cash equivalents Net Cash Provided by Investing Activity Increase in Pooled Cash and Investments Pooled Cash and Investments - Beginning of Year Pooled Cash and Investments - End of Year Reconciliation of Operating Income to Net Cash Provided By Operating Activities: Operating Income Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable Prepaid expenses Inventories Deferred amounts related to OPEB Deferred amounts related to pensions Accounts payable Accrued expenses Unearned revenues Compensated absences payable Total OPEB liability Net pension liability Total Adjustments Net Cash Provided by Operating Activities Noncash Capital and Related Financing Activity: Gain on disposal of capital assets 2021 2020 $ 2,523,737 $ 2,013,937 (365,416) (467,239) (1,100,465) (1,132,407) (148,313) (141,152) 909,543 273,139 (614,179) (30,554) (87,346) (43,580) (701,525) (74,134) (208,064) (199,005) (208,064) (199,005) 46 46 $ 928,515 $ 287,445 117,256 123,033 1,015 (40) 6,503 (5,194) (24,799) (1,785) 9,013 364,454 (5,775) (14,353) 22,742 (2,111) 3,471 (29,453) (4,394) (7,703) (37,444) (1,512) 12,110 (446,089) (112,223) (18,972) (14,306) $ 909,543 $ 273,139 $ (52,930) $ 191 Page 270 of 946 INTERNAL SERVICE FUNDS Internal Service Funds are used to account for the financing of goods or services provided by one department to other departments of the government on a cost reimbursement basis. Vehicle Service Fund - To account for the cost of operating a maintenance facility for automotive equipment used by City departments and administration of the City's fleet. Warehouse Fund -: To account for inventory and disbursement of commodities purchased in bulk. Self Insurance Fund - To account for worker's compensation insurance coverage of all City employees and the City's general and auto liability self-insurance program. Page 271 of 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF NET POSITION INTERNAL SERVICES FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) 192 Page 272 of 946 Vehicle Self Total Total Service Warehouse Insurance 2021 2020 Assets Current assets: Pooled cash and investments $ 3,102,131 $ $ 4,755,709 $ 7,857,840 $ 4,449,138 Accounts receivable -- 143 143 -- Other receivables 213,106 -- 213,106 -- Inventories 78,708 731,359 -- 810,067 1,057,837 Total Current Assets 3,393,945 731,359 4,755,852 8,881,156 5,506,975 Noncurrent Assets Capital assets not being depreciated 33,166 -- -- 33,166 33,166 Capital assets, net of accumulated depreciation 9,539,853 9,459 -- 9,549,312 11,606,913 Net pension asset 311,048 110,142 125,439 546,629 -- Total Noncurrent Assets 9,884,067 119,601 125,439 10,129,107 11,640,079 Total Assets 13,278,012 850,960 4,881,291 19,010,263 17,147,054 Deferred Outflows of Resources Deferred amounts related to OPBB 27,361 9,630 11,070 48,061 40,637 Deferred amounts related to pensions 44,132 15,627 17,797 77,556 230,952 Total Deferred Outflows of Resources 71,493 25,257 28,867 125,617 271,589 Liabilities Current liabilities: Accounts payable 282,969 18,589 370,000 671,558 1,863,508 Accrued expenses 57,135 17,048 26,584 100,767 75,222 Provision for insurance losses, current portion -- -- 2,215,459 2,215,459 2,066,205 Compensated absences payable, current portion 10,094 8,302 4,358 22,754 21,173 Due to other funds -- 574,530 -- 574,530 517,328 Total Current Liabilities 350,198 618,469 2,616,401 3,585,068 4,543,436 Noncurrent Liabilities Provision for insurance losses, less current portion -- -- 4,160,284 4,160,284 3,986,062 Compensated absences payable, less current portion 67,552 55,559 29,163 152,274 141,696 Total OPBB liability 371,817 130,870 150,439 653,126 507,371 Net pension liability -- 839,213 Total Noncurrent Liabilities 439,369 186,429 4,339,886 4,965,684 5,474,342 Total Liabilities 789,567 804,898 6,956,287 8,550,752 10,017,778 Deferred Inflows of Resources Deferred amounts related to OPBB 12,153 4,278 4,917 21,348 24,156 Deferred amounts related to pensions 544,703 192,878 219,667 957,248 5,890 Total Deferred Inflows of Resources 556,856 197,156 224,584 978,596 30,046 Net Position (Deficit) Investment in capital assets 9,573,019 9,459 -- 9,582,478 11,640,079 Restricted for: Net pension asset 311,048 110,142 125,439 546,629 -- Unrestricted(deficit) 2,119,015 (245,438) (2,396,152) (522,575) (4,269,260) Total Net Position (Deficit) $ 12,003,082 $ (125,837) $ (2,270,713) $ 9,606,532 $ 7,370,819 192 Page 272 of 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION INTERNAL SERVICES FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) 193 Page 273 of 946 Vehicle Self Total Total Service Warehouse Insurance 2021 2020 Operating Revenues Charges for services $ 4,642,354 $ 525,250 $ 5,596,368 $ 10,763,972 $ 9,844,129 Total Operating Revenues 4,642,354 525,250 5,596,368 10,763,972 9,844,129 Operating Expenses Personal services and benefits 1,309,896 403,112 469,430 2,182,438 2,061,073 Supplies, services and claims 3,216,779 46,344 5,184,338 8,447,461 8,580,062 Depreciation and amortization 4,633,699 1,761 -- 4,635,460 4,272,531 Total Operating Expenses 9,160,374 451,217 5,653,768 15,265,359 14,913,666 Operating Income (Loss) (4,518,020) 74,033 (57,400) (4,501,387) (5,069,537) Nonoperating Revenues Investment earnings 715 -- 6,128 6,843 15,516 Gain on disposal of capital assets 411,459 -- -- 411,459 283,745 Miscellaneous income 506 62,615 430,188 493,309 79,316 Total Nonoperating Revenues 412,680 62,615 436,316 911,611 378,577 Income (Loss) Before Transfers (4,105,340) 136,648 378,916 (3,589,776) (4,690,960) Transfers Transfers in 5,229,322 -- 618,750 5,848,072 5,152,633 Transfers out -- (22,583) -- (22,583) (6,448) Total Transfers 5,229,322 (22,583) 618,750 5,825,489 5,146,185 Change in net position 1,123,982 114,065 997,666 2,235,713 455,225 Net Position (Deficit) - Beginning of Year 10,879,100 (239,902) (3,268,379) 7,370,819 6,915,594 Net Position (Deficit) - End of Year $ 12,003,082 $ (125,837) $ (2,270,713) $ 9,606,532 $ 7,370,819 193 Page 273 of 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICES FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) 194 Page 274 of 946 Vehicle Self Total Total Service Warehouse Insurance 2021 2020 Cash Flows From Operating Activities Receipts from interfund services provided $ 4,429,248 $ 525,250 $ 5,596,225 $ 10,550,723 $ 9,845,453 Receipts from others 506 62,615 430,188 493,309 79,316 Payments to suppliers (3,805,750) (119,392) (4,795,318) (8,720,460) (6,474,469) Payments to employees (1,307,790) (433,268) (549,241) (2,290,299) (1,989,666) Payments for interfund services used (288,013) (2,377) (113) (290,503) (182,065) Net Cash Provided by (Used in) Operating Activities (971,799) 32,828 681,741 (257,230) 1,278,569 Cash Flows From Non -Capital Financing Activities Loans to other funds (1,160,301) Transfers in 5,229,322 618,750 5,848,072 5,152,633 Transfers out (22,583) (22,583) (6,448) Net Cash Provided by (Used in) Non -Capital Financing Activities 5,229,322 (22,583) 618,750 5,825,489 3,985,884 Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (2,439,900) (10,245) (2,450,145) (4,051,963) Proceeds from sale of capital assets 283,745 283,745 283,745 Net Cash Used in Capital and Related Financing Activities (2,156,155) (10,245) (2,166,400) (3,768,218) Cash Flows From Investing Activity Investment income 715 6,128 6,843 15,516 Net Cash Provided by Investing Activity 715 6,128 6,843 15,516 Increase (decrease) in pooled cash and investments 2,102,083 1,306,619 3,408,702 1,511,751 Pooled cash and investments - beginning of year 1,000,048 3,449,090 4,449,138 2,937,387 Pooled cash and investments - endofyear $ 3,102,131 $ $ 4,755,709 $ 7,857,840 $ 4,449,138 Reconciliation of Operating Loss to Net Cash Provided by (Used In) Operating Activities Operating income (loss) $ (4,518,020) $ 74,033 $ (57,400) $ (4,501,387) $ (5,069,537) Adjustments to reconcile operating income (loss) to net cash provided by (used in) operating activities: Depreciation and amortization 4,633,699 1,761 4,635,460 4,272,531 Miscellaneous income 506 62,615 430,188 493,309 79,316 Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable (143) (143) 1,028 Other receivable (213,106) (213,106) 296 Inventories 172,704 75,066 247,770 97,208 Deferred amounts related toOPEB (6,766) (1,865) (1,601) (10,232) 14,171 Deferred amounts related to pensions 615,859 224,870 264,025 1,104,754 (74,802) Accounts payable (1,049,688) (207,693) 65,431 (1,191,950) 1,338,909 Accrued expenses 15,762 2,862 6,921 25,545 20,417 Due to other funds 57,202 57,202 (19,668) Provision for insurance losses 323,476 323,476 507,079 Compensated absences payable 6,269 8,161 (2,271) 12,159 30,638 Total OPEB liability 111,916 23,520 10,319 145,755 113,860 Net pension liability (740,934) (287,704) (357,204) (1,385,842) (32,877) Total Adjustments 3,546,221 (41,205) 739,141 4,244,157 6,348,106 Net Cash Provided by (Used in) Operating Activities $ (971,799) $ 32,828 $ 681,741 $ (257,230) $ 1,278,569 Noncash Capital and Related Financing Activity Gain on disposal of capital assets $ 411,459 $ $ $ 411,459 $ 283,745 194 Page 274 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION VEHICLE SERVICE FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) 2021 2020 Assets Current Assets Pooled cash and investments S 3,102,131 S 1,000,048 Other receivables 213,106 -- Inventories 78,708 251,412 Total Current Assets 3,393,945 1,251,460 Noncurrent Assets Capital assets not being depreciated 33,166 33,166 Capital assets, net of accumulated depreciation 9,539,853 11,605,938 Net pension assets 311,048 -- Total Noncurrent Assets 9,884,067 11, 639,104 Total Assets 13,278,012 12,890,564 Deferred Outflows of Resources Deferred amounts related to OPEB 27,361 20,816 Deferred amounts related to pensions 44,132 118,305 Total Deferred Outflows of Resources 71,493 139,121 Liabilities Current Liabilities Accounts payable 282,969 1,332,657 Accrued expenses 57,135 41,373 Compensated absences payable, current portion 10,094 9,279 Total Current Liabilities 350,198 1,383,309 Noncurrent Liabilities Compensated absences payable, less current portion 67,552 62,098 Total OPEB liability 371,817 259,901 Net pension liability -- 429,886 Total Noncurrent Liabilities 439,369 751,885 Total Liabilities 789,567 2,135,194 Deferred Inflows of Resources Deferred amounts related to OPEB 12,153 12,374 Deferred amounts related to pensions 544,703 3,017 Total Deferred Inflows of Resources 556,856 15,391 Net Position Investment in capital assets 9,573,019 11,639,104 Restricted for: Net pension assets 311,048 -- Unrestricted (deficit) 2,119,015 (760,004) Total Net Position S 12,003,082 S 10,879,100 195 Page 275 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION VEHICLE SERVICE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Nonoperating Revenues Investment earnings 715 -- Gain on disposal of capital assets 411,459 283,745 Miscellaneous income 506 17,720 Total Nonoperating Revenues 412,680 301,465 Loss Before Transfers (4,105,340) (4,007,554) Transfers Transfers in 5,229,322 4,533,883 Total Transfers 5,229,322 4,533,883 Change in Net Position 1,123,982 526,329 Net Position - Beginning of Year 10,879,100 10,352,771 Net Position - End of Year $ 12,003,082 $ 10,879,100 196 Page 276 of 946 2021 2020 Operating Revenues Charges for services $ 4,642,354 $ 3,952,092 Total Operating Revenues 4,642,354 3,952,092 Operating Expenses Personal services and benefits 1,309,896 1,158,097 Supplies, services and claims 3,216,779 2,831,545 Depreciation and amortization 4,633,699 4,271,469 Total Operating Expenses 9,160,374 8,261,111 Operating Loss (4,518,020) (4,309,019) Nonoperating Revenues Investment earnings 715 -- Gain on disposal of capital assets 411,459 283,745 Miscellaneous income 506 17,720 Total Nonoperating Revenues 412,680 301,465 Loss Before Transfers (4,105,340) (4,007,554) Transfers Transfers in 5,229,322 4,533,883 Total Transfers 5,229,322 4,533,883 Change in Net Position 1,123,982 526,329 Net Position - Beginning of Year 10,879,100 10,352,771 Net Position - End of Year $ 12,003,082 $ 10,879,100 196 Page 276 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS VEHICLE SERVICE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Cash Flows From Operating Activities Receipts from interfund services provided Receipts from others Payments to suppliers Payments to employees Payments for interfund services used Net Cash Provided by (Used in) Operating Activities Cash Flows From Non -Capital Financing Activities Loans to other funds Transfers in Net Cash Provided by Non -Capital Financing Activities Cash Flows From Capital and Related Financing Activities Acquisition of capital assets Proceeds from sale of capital assets Other proceeds Net Cash Used in Capital and Related Financing Activities Cash Flows From Investing Activity Investment income Net Cash Provided by Investing Activity Increase in Pooled Cash and Investments Pooled Cash and Investments - Beginning of Year Pooled Cash and Investments - End of Year Reconciliation of Operating Loss to Net Cash Provided By (Used In) Operating Activities Operating loss Adjustments to reconcile operating loss to net cash provided by (used in) operating activities: Depreciation and amortization Miscellaneous income Changes in operating assets, liabilities and deferred inflows/outflows: Other receivable Inventories Deferred amounts related to OPEB Deferred amounts related to pensions Accounts payable Accrued expenses Compensated absences payable Total OPEB liability Net pension liability Total adjustments Net Cash Provided by (Used in) Operating Activities Noncash Capital and Related Financing Activity Gain on disposal of capital assets 2021 $ 4,429,248 506 (3,805,750) (1,307,790) (288,013) (971,799) $ 3,952,388 17,720 (1,266,108) (1,130,446) (179,696) 1,393,858 (1,160,301) 5,229,322 4,533,883 5,229,322 3,373,582 (2,439,900) 283,745 (2,156,155) 715 715 2,102,083 1,000,048 $ 3,102,131 (4,051,137) 283,745 (3,767,392) 1,000,048 $ 1,000,048 $ (4,518,020) $ (4,309,019) 4,633,699 4,271,469 506 17,720 (213,106) 296 172,704 221,903 (6,766) 8,964 615,859 (15,782) (1,049,688) 1,163,838 15,762 10,637 6,269 3,599 111,916 36,439 (740,934) (16,206) 3,546,221 5,702,877 $ (971,799) $ 1,393,858 $ 411,459 $ 283,745 197 Page 277 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION WAREHOUSE FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Net Position (Deficit) Investment in capital assets 9,459 975 Restricted for: Net pension assets 110,142 -- Unrestricted (deficit) (245,438) (240,877) Total Net Position (Deficit) $ (125,837) $ (239,902) 198 Page 278 of 946 2021 2020 Assets Current Assets Inventories $ 731,359 $ 806,425 Total Current Assets 731,359 806,425 Noncurrent Assets Capital assets, net of accumulated depreciation 9,459 975 Net pension asset 110,142 -- Total Noncurrent Assets 119,601 975 Total Assets 850,960 807,400 Deferred Outflows of Resources Deferred amounts related to OPEB 9,630 8,598 Deferred amounts related to pensions 15,627 48,865 Total Deferred Outflows of Resources 25,257 57,463 Liabilities Current Liabilities Accounts payable 18,589 226,282 Accrued expenses 17,048 14,186 Compensated absences payable, current portion 8,302 7,241 Due to other funds 574,530 517,328 Total Current Liabilities 618,469 765,037 Noncurrent Liabilities Compensated absences payable, less current portion 55,559 48,459 Other postemployment benefits 130,870 107,350 Net pension liability -- 177,562 Total Noncurrent Liabilities 186,429 333,371 Total Liabilities 804,898 1,098,408 Deferred Inflows of Resources Deferred amounts related to OPEB 4,278 5,111 Deferred amounts related to pensions 192,878 1,246 Total Deferred Inflows of Resources 197,156 6,357 Net Position (Deficit) Investment in capital assets 9,459 975 Restricted for: Net pension assets 110,142 -- Unrestricted (deficit) (245,438) (240,877) Total Net Position (Deficit) $ (125,837) $ (239,902) 198 Page 278 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION WAREHOUSE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Operating Revenues Charges for services Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Income (Loss) Nonoperating Revenues Miscellaneous income Income (Loss) Before Transfers Transfers Transfers out Total Transfers Change in Net Position Net Position (Deficit) - Beginning of Year Net Position (Deficit) - End of Year 2021 2020 $ 525,250 $ 390,921 525,250 390,921 403,112 395,494 46,344 30,525 1,761 1,062 451,217 427,081 74,033 (36,160) 62,615 -- 136,648 (36,160) (22,583) (6,448) (22,583) (6,448) 114,065 (42,608) (239,902) (197,294) $(125,837) $ (239,902) 199 Page 279 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS WAREHOUSE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) 200 Page 280 of 946 2021 2020 Cash Flows From Operating Activities Receipts from interfund services provided $ 525,250 $ 390,921 Receipts from other 62,615 -- Payments to suppliers (119,392) 2,079 Payments to employees (433,268) (383,489) Payments for interfund services used (2,377) (2,237) Net Cash Provided by Operating Activities 32,828 7,274 Cash Flows From Non -Capital Financing Activity Transfers out (22,583) (6,448) Net Cash Used in Non -Capital Financing Activity (22,583) (6,448) Cash Flows From Capital and Related Financing Activity Acquisition of capital assets (10,245) (826) Net Cash Used in Capital and Related Financing Activity, (10,245) (826) Increase in Pooled Cash and Investments -- -- Pooled Cash and Investments - Beginning of Year -- -- Pooled Cash and Investments - End of Year -- Reconciliation of Operating Income (Loss) to Net Cash Provided By Operating Activities Operating income (loss) $ 74,033 $ (36,160) Adjustments to reconcile operating loss to net cash provided by operating activities: Depreciation and amortization 1,761 1,062 Miscellaneous income 62,615 -- Changes in operating assets, liabilities and deferred inflows/outflows: Inventories 75,066 (124,695) Deferred amounts related to OPEB (1,865) 1,862 Deferred amounts related to pensions 224,870 (18,145) Accounts payable (207,693) 174,730 Accrued expenses 2,862 3,518 Due to other funds 57,202 (19,668) Compensated absences payable 8,161 7,465 Other postemployment benefits 23,520 38,676 Net pension liability (287,704) (21,371) Total Adjustments (41,205) 43,434 Net Cash Provided by Operating Activities $ 32,828 $ 7,274 200 Page 280 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION SELF INSURANCE FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Liabilities Current Liabilities 2021 2020 Assets 370,000 304,569 Current Assets 26,584 19,663 Pooled cash and investments $ 4,755,709 $ 3,449,090 Accounts receivable 143 -- Total Current Assets 4,755,852 3,449,090 Noncurrent assets Net pension assets 125,439 -- Total noncurrent assets 125,439 -- Total Assets 4,881,291 3,449,090 Deferred Outflows of Resources -- 231,765 Deferred amounts related to OPEB 11,070 11,223 Deferred amounts related to pensions 17,797 63,782 Total Deferred Outflows of Resources 28,867 75,005 Liabilities Current Liabilities Accounts payable 370,000 304,569 Accrued expenses 26,584 19,663 Provision for insurance losses, current portion 2,215,459 2,066,205 Compensated absences payable, current portion 4,358 4,653 Total Current Liabilities 2,616,401 2,395,090 Noncurrent Liabilities Provision for insurance losses, less current portion 4,160,284 3,986,062 Compensated absences payable, less current portion 29,163 31,139 Total OPEB liability 150,439 140,120 Net pension liability -- 231,765 Total Noncurrent Liabilities 4,339,886 4,389,086 Total Liabilities 6,956,287 6,784,176 Deferred Inflows of Resources Deferred amounts related to OPEB 4,917 6,671 Deferred amounts related to pensions 219,667 1,627 Total Deferred Inflows of Resources 224,584 8,298 Net Position (Deficit) Restricted for: Net pension assets 125,439 Unrestricted (deficit) (2,396,152) (3,268,379) Total Net Position (Deficit) $ (2,270,713) $ (3,268,379) 201 Page 281 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION SELF INSURANCE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Operating Revenues Charges for services Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Total Operating Expenses Operating Loss Nonoperating Revenues Investment earnings Miscellaneous income Total Nonoperating Revenues Income (Loss) Before Transfers Transfers Transfers in Total Transfers Change in Net Position Net Position (Deficit) - Beginning of Year 2021 2020 $ 5,596,368 5,596,368 469,430 5,184,338 5,653,768 $ 5,501,116 5,501,116 507,482 5,717,992 6,225,474 (57,400) (724,358) 6,128 15,516 430,188 61,596 436,316 77,112 378,916 (647,246) 618,750 618,750 997,666 618,750 618,750 (28,496) (3,268,379) (3,239,883) Net Position (Deficit) - End of Year $ (2,270,713) $ (3,268,379) 202 Page 282 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS SELF INSURANCE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) 203 Page 283 of 946 2021 2020 Cash Flows From Operating Activities Receipts from interfund services provided $ 5,596,225 $ 5,502,144 Receipts from others 430,188 61,596 Payments to suppliers (4,795,318) (5,210,440) Payments to employees (549,241) (475,731) Payments for interfund services used (113) (132) Net Cash Provided by (Used in) Operating Activities 681,741 (122,563) 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 6,128 15,516 Net Cash Provided by Investing Activity 6,128 15,516 Increase in Pooled Cash and Investments 1,306,619 511,703 Pooled Cash and Investments - Beginning of Year 3,449,090 2,937,387 Pooled Cash and Investments - End of Year $ 4,755,709 $ 3,449,090 Reconciliation of Operating Loss to Net Cash Used In Operating Activities Operating loss $ (57,400) $ (724,358) Adjustments to reconcile operating loss to net cash provided by (used in) operating activities: Miscellaneous income 430,188 61,596 Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable (143) 1,028 Deferred amounts related to OPEB (1,601) 3,345 Deferred amounts related to pensions 264,025 (40,875) Accounts payable 65,431 341 Accrued expenses 6,921 6,262 Provision for insurance losses 323,476 507,079 Compensated absences payable (2,271) 19,574 Total OPEB liability 10,319 38,745 Net pension liability (asset) (357,204) 4,700 Total Adjustments 739,141 601,795 Net Cash Provided by (Used in) Operating Activities $ 681,741 $ (122,563) 203 Page 283 of 946 PENSION TRUST FUNDS Pension Trust Funds account for the net position restricted for pension benefits and the changes in net position restricted for pension benefits of the City's three pension plans. Since these assets are not funds of the City of Boynton Beach, but those held in trust for employees and retirees, they are not included in the Government -Wide Financial Statements. Instead, they are reported in the following pages as part of the City's fiduciary responsibility. General Employees' Pension Fund - To account for the accumulation of resources to be used for the retirement benefit payments to the City's general employees. Police Officers' Pension Fund - To account for the accumulation of resources to be used for the retirement benefit payments to the City's sworn police personnel. Firefighters' Pension Fund - To account for the accumulation of resources to be used for the retirement benefit payments to the City's certified fire personnel. Page 284 of 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF FIDUCIARY NET POSITION PENSION TRUST FUNDS SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) 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 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 Prepaid employee contributions Pending trades payable Total Liabilities Net Position Restricted for Pension Benefits General Police Employees' Officers' Firefighters' Total Total Pension Fund Pension Fund Pension Fund 2021 2020 $ 1,367,611 $ 2,373 $ -- $ 1,369,984 $ 1,258,478 1,914,345 6,466,977 8,381,322 3,882,443 6,755,838 26,033,863 32,789,701 28,851,671 70,958 3,844,665 3,844,665 2,639,921 3,493,546 11,135,362 14,628,908 22,966,040 52,142,658 43,236,607 95,379,265 75,847,790 103,022,526 103,022,526 72,497,680 20,367,562 86,039,637 29,294,579 135,701,778 120,410,769 28,692,647 28,692,647 22,618,202 38,471,189 11,667,032 50,138,221 45,424,678 37,071,600 7,874,733 8,585,982 53,532,315 47,047,482 84,042 136,262 220,304 311,296 61,329 540,633 601,962 967,152 137,665 98,247 235,912 311,150 8,513 11,934 15,130 35,577 27,972 230,134,235 133,078,164 165,362,688 528,575,087 445,133,682 327,704 183,595 160,519 671,818 564,695 70,426 -- 70,426 -- 562,822 319,024 881,846 639,578 960,952 183,595 479,543 1,624,090 1,204,273 $ 229,173,283 $ 132,894,569 $ 164,883,145 $ 526,950,997 $ 443,929,409 204 Page 285 of 946 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF FIDUCIARY NET POSITION PENSION TRUST FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Net Position Restricted for Pension Benefits Beginning of Year 194,072,809 111,813,658 138,042,942 443,929,409 413,956,856 End ofYear $ 229,173,283 $ 132,894,569 $ 164,883,145 $ 526,950,997 $ 443,929,409 205 Page 286 of 946 General Police Employees' Officers' Firefighters' Total Total Pension Fund Pension Fund Pension Fund 2021 2020 Additions Contributions: Employer $ 7,468,676 $ 5,999,430 $ 5,215,363 $ 18,683,469 $ 17,839,679 Plan members 1,789,284 1,409,474 1,658,448 4,857,206 4,689,822 State -- 895,165 995,143 1,890,308 1,789,720 Total Contributions 9,257,960 8,304,069 7,868,954 25,430,983 24,319,221 Investment Earnings Net appreciation in fair value of investments 35,346,104 21,506,549 23,457,567 80,310,220 28,779,831 Interest and dividends 3,585,936 10,279 3,208,441 6,804,656 6,702,123 Miscellaneous 37,668 -- 327 37,995 4,491 38,969,708 21,516,828 26,666,335 87,152,871 35,486,445 Less investment expenses 907,403 727,933 450,151 2,085,487 2,029,863 Net Investment Earnings 38,062,305 20,788,895 26,216,184 85,067,384 33,456,582 Total Additions 47,320,265 29,092,964 34,085,138 110,498,367 57,775,803 Deductions Benefits paid 11,689,646 7,810,999 7,050,691 26,551,336 26,879,010 Refunds of contributions 369,098 13,824 8,017 390,939 382,314 Administrative expenses 161,047 187,230 186,227 534,504 541,926 Total Deductions 12,219,791 8,012,053 7,244,935 27,476,779 27,803,250 Change in Plan Net Position 35,100,474 21,080,911 26,840,203 83,021,588 29,972,553 Net Position Restricted for Pension Benefits Beginning of Year 194,072,809 111,813,658 138,042,942 443,929,409 413,956,856 End ofYear $ 229,173,283 $ 132,894,569 $ 164,883,145 $ 526,950,997 $ 443,929,409 205 Page 286 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF FIDUCIARY NET POSITION GENERAL EMPLOYEES' PENSION FUND SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) 206 Page 287 of 946 2021 2020 Assets Cash $ 1,367,611 $ 1,256,105 Investments: Money market mutual funds 1,914,345 1,607,547 U.S. Government and Agency obligations 6,755,838 13,692,385 Municipal obligations -- 70,958 Mortgage-backed securities 3,844,665 2,639,921 Corporate obligations 3,493,546 10,555,345 Equity securities 52,142,658 44,322,860 Equity mutual funds 103,022,526 72,497,680 Equity investment funds 20,367,562 15,232,144 Real estate investment funds 37,071,600 32,390,460 Interest and dividends receivable 84,042 147,193 Pending trades receivable 61,329 417,035 Prepaid expenses 8,513 4,596 Total Assets 230,134,235 194,834,229 Liabilities Accounts payable 327,704 300,094 Prepaid employee contributions 70,426 -- Pending trades payable 562,822 461,326 Total Liabilities 960,952 761,420 Net Position Restricted for Pension Benefits $ 229,173,283 $ 194,072,809 206 Page 287 of 946 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION GENERAL EMPLOYEES' PENSION FUND FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 2020) Additions Contributions: Employer Plan members Total Contributions Investment Earnings Net appreciation in fair value of investments Interest and dividends Miscellaneous Less investment expenses Net Investment Earnings Total Additions Deduction Benefits paid Refunds of contributions Administrative expenses Total Deductions Change in Plan Net Position Net Position Restricted for Pension Benefits - Beginning of Year Net Position Restricted for Pension Benefits - End of Year 2021 2020 $ 7,468,676 1,789,284 9,257,960 35,346,104 3,585,936 37,668 38,969,708 907,403 38,062,305 $ 7,289,319 1,687,097 8,976,416 9,467,570 4,280,885 4,011 13,752,466 867,298 12,885,168 47,320,265 21,861,584 11,689,646 369,098 161,047 12,219,791 11,459,963 199,848 147,348 11,807,159 35,100,474 10,054,425 194,072,809 184,018,384 $ 229,173,283 $ 194,072,809 207 Page 288 of 946 CITY OF BOYNTON BEACH, FLORIDA POLICE OFFICERS' PENSION FUND STATEMENT OF FIDUCIARY NET POSITION SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) Assets Cash Investments: Equity investment funds Fixed income investment funds Real estate investment funds 1000 index fund Pending trades receivable DROP loans Prepaid expenses Total Assets Liabilities Accounts payable Pending trades payable Total Liabilities Net Position Restricted for Pension Benefits 2021 2020 $ 2,373 $ 2,373 67,413,280 72,058,817 38,471,189 32,148,047 7,874,733 7,086,338 18,626,357 -- 540,633 550,117 137,665 174,190 11,934 10,473 133,078,164 112,030,355 183,595 187,697 -- 29,000 183,595 216,697 $ 132,894,569 $ 111,813,658 208 Page 289 of 946 CITY OF BOYNTON BEACH, FLORIDA POLICE OFFICERS' PENSION FUND STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS 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 Deductions 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 2021 $ 5,999,430 1,409,474 895.165 8,304,069 21,506,549 10,279 21,516,828 727,933 20,788,895 29,092,964 7,810,999 13,824 187,230 8,012,053 21,080,911 111,813,658 2020 $ 5,815,515 1,226,005 907.957 7,949,477 5,476,179 1,190 480 5,477,849 741,095 4,736,754 12,686,231 7,755,642 97,633 165,414 107,146,116 $ 132,894,569 $ 111,813,658 209 Page 290 of 946 CITY OF BOYNTON BEACH, FLORIDA FIREFIGHTERS' PENSION FUND STATEMENT OF FIDUCIARY NET POSITION SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2020) 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 DROP loans Prepaid expenses Total Assets Liabilities Accounts payable Pending trades payable Total Liabilities Net Position Restricted for Pension Benefits 2021 2020 $ 6,466,977 $ 2,274,896 26,033,863 15,159,286 11,135,362 12,410,695 43,236,607 31,524,930 29,294,579 33,119,808 28,692,647 22,618,202 11,667,032 13,276,631 8,585,982 7,570,684 136,262 164,103 98,247 136,960 15,130 12,903 165,362,688 138,269,098 160,519 76,904 319,024 149,252 479.543 226.156 $ 164,883,145 $ 138,042,942 210 Page 291 of 946 CITY OF BOYNTON BEACH, FLORIDA FIREFIGHTERS' PENSION FUND STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FOR THE YEAR ENDED SEPTEMBER 30, 2021 (WITH COMPARATIVE TOTALS 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 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 2021 $ 5,215,363 1,658,448 995.143 w0rell.] am" 23,457,567 3,208,441 327 26,666,335 450,151 26,216,184 34.085.138 7,050,691 8,017 186,227 7,244,935 26, 840,203 138,042,942 2020 $ 4,734,845 1,776,720 881.763 7,393,328 13,836,082 2,420,048 16,256,130 421,470 15,834,660 23227.988 7,663,405 84,833 229,164 7,977,402 15,250,586 122,792,356 $ 164,883,145 $ 138,042,942 211 Page 292 of 946 STATISTICAL SECTION Page 293 of 946 Page 294 of 946 STATISTICAL SECTION TABLE OF CONTENTS This part of the City of Boynton Beach's Annual Comprehensive Financial Report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City's overall financial health. Contents Page Financial Trends These schedules contain trend information to help the reader understand how the City's financial performance and well-being have changed over time. Government -wide Net Position by Component 212 Government -wide Changes in Net Position 213-214 Governmental Activities Tax Revenues by Source 215 Fund Balance of Governmental Funds 216 Changes in Fund Balance of Governmental Funds 217 Revenue Capacity 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 218 Property Tax Rates — Direct and Overlapping Governments 219 Ten Principal Property Taxpayers 220 Property Tax Levies and Collections 221 Debt Capacity 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 222 Ratios of General Bonded Debt Outstanding 223 Direct and Overlapping Governmental Activities Debt 224 Legal Debt Margin Information 225 Pledged Revenue Coverage - Water & Sewer Bonds 226 Pledged Revenue Coverage - Public Service Tax Bonds 227 Demographics and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. Demographic and Economic Statistics 228 Principal Employers 229 Operating Information These schedules contain service and infi^astructure 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 230 Operating Indicators by Function/Program 231 Capital Asset Statistics by Function/Program 232 Sources: Unless otherwise noted, the information in these schedules is derived from the Annual Comprehensive Financial Report (A CFR) for the relevant year. Page 295 of 946 CITY OF BOYNTON BEACH, FLORIDA GOVERNMENT -WIDE NET POSITION BY COMPONENT LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) BusinesstypeActti9ties Fiscal Year Net investment in capital assets 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Governmental Activities 1.961.504 1.654.178 1.846.079 2.042.671 2.239.433 2.213.359 2.299.384 2.501.622 3.106.103 7.446.336 Net investment in capital assets $ 43.154.695 $ 43.915.691 $ 48.517.011 $ 49.878.248 $ 51.190.967 $ 51.655.230 $ 52.390.429 $ 61.899.426 $ 73.221.074 $ 83.013.515 Restricted 6.184.429 4.772.382 3.817.815 3.334.645 3.035.739 6.209.514 9.814.156 12.041.320 7.611.839 13.317.184 Unrestricted (deficit) 38.808.332 37.408.798 36.496.158 (51.459.872) (47,642.113) (40,423.781) (34,845.281) (33,014.470) (30,230.441) (22.004.346) Total Governmental Activities vet Position $ 88.147.456 $ 86.096.871 $ 88.830.984 $ 1.753.021 $ 6.584.593 $ 17.440.963 $ 27.359.304 $ 40.926.276 $ 50.602.472 $ 74.326.353 BusinesstypeActti9ties Net investment in capital assets 134.502.795 135.724.154 134.958.037 135.846.516 138.521.160 137.638.134 139.293.677 142.047.633 153.342.564 149.789.899 Restricted 1.961.504 1.654.178 1.846.079 2.042.671 2.239.433 2.213.359 2.299.384 2.501.622 3.106.103 7.446.336 Unrestricted 30.656.355 27.799.397 25.930.440 14.643.361 14.525.497 15.690.560 13.419.107 13.762.598 2.089.463 5.063.094 Total Business -type Activities vet Position $ 167,120,654 $ 165,177,729 $ 162,734,556 $ 152,532,548 $ 155,286,090 $ 155,542,053 $ 155,012,168 $ 158,311,853 $ 158,538,130 $ 162,299,329 Total Pi imary Goverument Net investment in capital assets 177,657,490 179,639,845 183,475,048 185,724,764 189,712,127 189,293,364 191,684,106 203,947,059 226,563,638 231803,414 Restricted 8,145.933 6,426.560 5.663,894 5.377.316 5.275,172 8,422.873 12,113.540 14,542.942 10.717.942 20.763.520 Unrestricted (deficit) 69.464.687 65.208.195 62.426.598 (36,816.511) (33,116,616) (24,733.221) (21,426,174) (19,251.872) (28,140.978) (16,941.252) Total Primacy Goverument vel Position $ 255,268,110 $ 251,274,600 $ 251,565,540 $ 154,285,569 $ 161,870,683 $ 172,983,016 $ 182371,472 $ 199,238,129 $ 209,140,602 $ 236,625,682 Note: GASB Statement No. 68 was adopted in fiscal year 2015 resulting in the reduction of net position for the net pension liability incurred in prior year 212 Page 296 of 946 Exp Governmental activitiee: Geneml eovernment Pablic safety Physicals it ..t Eco t Calk re andreaeation Interest on lone -tam debt Total Goverom eo tnl Activid. Expeoses Ba fi, s -Type wti,aies: Rater and sewer Sznitztion Golf coivse Tofnl Bosioess-fy°pe AcfiviHes Expeoses Tofnl Primary Goverom eof Expeoses Program Reveooes Governmental activitiee: Chmees for sen ices: Geneml government Pablic safety Physical ., imnment E ...k i t Caltam andreaeation Opemting ¢rants and contritmtions: Geneml gocanment Pablic safety Physicals it ..t Eco t Cath re andreaeation Capital ¢rants and w.fti rations: Geneml eocanment Pablic safety Physicals it ..t E ...k i t Caltam andreaeation Total Goveromeotnl Activid. Program Reveooes Ba fi, s -Type wti,aies: Chaxees for sen�ices: Rater and sewer Sznitztion Golf coivse Opemting ¢rants and contritmtions: Sanitation Capital grants and w.fti rations: Rater and sewer Total Bosioess-type AcfiviHes Program Reveooes Total Primary Goverom eof Program Reveooes Net (Expeo )/Reveooe Governmental activities Ba fi, s -Type activities Total Primary Goverom eof Net Eapeose CITY OF BOYNTON BEACH, FLORIDA GOVERNMENT -WIDE CHANGES IN NET POSITION LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) Fiscal Y- 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 S 16,628,649 S 17,367,632 S 16991,337 S 16,756,253 S 17,446,178 S 17,248,803 S 21,534,502 S 23,485.076 S 23,776,458 S 25,163.019 48,264,463 49943,737 50,392,153 58,570,187 56,226,627 59,269,809 61,127,252 63,271,710 66,606,767 62,139,809 1.883.613 1985.677 2.141.055 2.192587 2.090.605 2.184.200 2.188.823 2.125.856 2.119.313 1.575.544 1.768934 2.856.423 2.151592 2.995.977 4.102.240 4.040.011 11.450.205 10.204.754 11.333.855 8.299.197 9,624,728 9972,236 10924.060 11,127,163 10.947.954 10,786599 10900,242 11,432,254 11,422,219 11,191,863 2534.797 2.183.781 2.027.810 1.165.259 1.238.456 1.149.442 1.122.852 1.361.811 4.079.820 3.846.471 80.705.184 84309.486 84.628.007 92.807426 92.052.060 94.678.864 108323.876 111.881.461 119338.432 112215903 36.182.879 34.194.478 36.748.098 37.343.155 36.764.285 38.299935 39.448905 40.144.769 41.036.731 38928.678 7.333593 7.591.901 8.070.015 8.276973 8.699.222 10.067.260 9.893.397 10.678.459 11.232.760 10.742.454 2.127.791 1989.641 2.035.884 2.007.293 1.859.179 1535.230 1563.671 1.731.769 1.754.716 1.648541 45.644263 43.776.020 46.853997 47.627.421 47322.686 49902.425 50905973 52554997 54.024207 51.319.673 S 126349447 S 128.085506 S 131482.004 S 140434.847 S 139374.746 S 144581289 S 159229.849 S 164436458 S 173362.639 S 163535576 S 5968,670 S 6,263060 S 6,219554 S 7371307 S 7.045,867 S 7.065570 S 10313,177 S 11.080582 S 8,282,797 S 9546,149 10924,447 5,786,137 6,101902 7,242,279 7,853,220 8,173541 7915513 15,801,777 15,713,173 15,872,161 193,742 221,175 178,455 138,400 86,225 143,100 158,158 170,726 243090 181,423 10.472 -- -- -- -- 1.128 5247 -- -- -- 1.149764 1203.181 1242A86 1355A98 1237221 1.104571 1.176531 1.817.879 743273 1477251 21704 42,685 59,166 71128 164095 3233477 211528 209,101 230,893 223,644 622,669 529019 715,856 719927 109325 213308 92,854 87,411 1,836,803 518956 80.800 -- -- -- -- 1.036594 1509293 924.141 705285 714.658 565364 935.697 850353 484.073 1.165983 340025 290026 170,623 399,106 282510 450,029 213,693 22,132 184568 244967 -- -- -- -- - 254,793 56986 59.101 56.159 78967 -- -- 22997 17903 465.860 481.165 68.710 -- -- -- -- 17.864 -- -- -- -- -- -- -- -- -- 50.700 58.092 50.651 37.779 27256 1632 72331 69.074 190.466 51.024 20545.047 15961.769 15.718993 18.121.676 17520377 20953.720 21.117.726 30.126938 28.629.789 29.762.723 38,025,492 38,814,428 41544004 43589493 45095,405 46,056,827 46397059 48053094 48589,183 50,196287 10245 A62 10361241 10.615.183 10.881915 11322.781 11.&54.871 11911986 12.623.017 13026268 13268238 1.816.629 1.721.776 1677960 1.744974 1451977 1284.176 1569682 1989.009 2018371 2552.175 -- -- -- -- -- -- -- -- -- -- 226.811 2503.790 302.801 L651490 1911.050 215.756 2.138.466 1.732.808 476.654 367348 50314394 53.401235 54.139948 58.867.872 59.781213 59.411.630 62.017.193 64397928 64.110.476 66384.048 S 70.859441 S 69363.004 S 69.858941 S 76989548 S 77301590 S 80365350 S 83134919 S 94524.866 S 92.740265 S 96.146.771 (60AWA37) (68347,717) (68909014) (74,685,750) (74531683) (73,725,144) (87206,150) (81,754523) (90,708,643) (82453,180) 4.670.131 9.625215 7 285 951 11240.451 12.458527 9509205 11.111220 11.842931 10.086269 15.064375 S (55490.006) S (58.722502) S (61.623.063) S (63445299) S (62.073156) S (64215939) S (76.094930) S (69911592) S (80.622374) S (67388.805) Page 297 of 946 213 General Revenues and Other Changes in Net Position Govenmiental activities: Taxes Property taxes Tax increment Franchise taxes Public service taxes Conzza,mications services tax Sales taxes Gas taxes Intergovernmental, unrestricted Special assessments Investment earnings (loss) Gain on disposal of capital assets Miscellaneous Transfers Total Governmental Activities Business -type activities: Investment earnings (loss) Gain on disposal of capital assets Miscellaneous Transfers Total Business -type. Activities Total Primary Government Change in Net Position (Deficit) Govenmiental activities Business -type activities Total Primary Government CITY OF BOYNTON BEACH, FLORIDA GOVERNMENT -WIDE CHANGES IN NET POSITION (CONTINUED) LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) Fiscal Year 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $ 22.600.580 $ 23.480.334 $ 25.080.586 $ 26.891.091 $ 29.642.316 $ 31.704.673 $ 33.819.753 $ 36.273.555 $ 38.488.762 $ 40.922.907 5.730.453 5.614.228 7.022.119 8.317.868 9.585902 10.579.150 11.776.329 12.549.087 13932.896 14928.164 4.287.510 4.296.681 4.636.483 4.688.568 4.669.059 4.784.734 4.715.685 4.581.640 4.503.615 4.688.829 5928.449 6.395.124 6987.760 7.156.246 7.352.212 7.576.223 7.735.274 7.873.870 7.817.800 7951.801 2.583.369 2.775.603 2.494.978 2.509.197 2.383974 2.558.269 2.325.012 2.552.477 2.747.866 2.685.713 4.462.768 4.702.203 5.033.943 5.434.292 4.760.885 5.738.662 11.162.782 12.058.775 11.091.619 12952.881 1.159.641 1.152.519 1.199.533 1.279.010 1.313.329 1.368.662 1.401.786 1.415.063 1.301.895 1.361.830 2.109974 2.226.865 2.400.103 2.378.947 2.484.312 2.638921 2938.720 3.049.123 2.820.257 3.322.120 -- 4935.223 4933.830 5.607.447 5.680.335 5.692928 6.859.492 -- -- -- 614.233 (47.898) 188.876 215.569 248.905 308.926 491.696 1.188.447 967.078 511.233 -- -- -- -- -- -- -- 177.653 283.745 411.459 855.739 927.210 1.273.177 972.829 759.197 2.022.322 3.525.293 3.494.049 5.702.751 5.077.689 11.155.338 10286.077 10391.739 11.030255 10.482.829 9608044 9.740.787 10.107.756 10.726555 11.362.435 61.488.054 66.744.169 71.643.127 76.481319 79363255 84581514 96.492.609 95321.495 100384.839 106.177.061 1.104.858 (331.102) 614.598 715.946 697.288 314.624 54.395 1.434.870 793.731 126.888 -- -- -- -- -- -- -- -- -- (212.861) 35.446 48.300 48.017 51.846 80.556 40.178 99.382 129.640 72.832 145.232 (11.155.338) (10.286.077) (10.391.739) (11.030.255) (10.482.829) (9,608,044) (9,740,787) (10.107.756) (10.726.555) (11.362.435) (10.015.034) (10.568.879) (9,729,124) (10.262.463) (9,704985) (9,253,242) (9,587,010) (8,543,246) (9,859992) (11.303.176) $ 51.473.020 $ 56.175290 $ 61914003 $ 66218.856 $ 69.658270 $ 75328272 $ 86905599 $ 86.778249 $ 90524847 $ 94873.885 1.327917 66.744.169 2.734.113 1.795.569 4.831.572 10.856.370 9.286.459 13.566972 9.676.196 23.723.881 (5,344903) (10,568,879) (2,443,173) 977988 2,753,542 255,963 1,524,210 3,299,685 226,277 3.761.199 $ (4.016986) $ 56.175290 $ 290940 $ 2773557 $ 7585.114 $ 11.112333 $ 10.810.669 $ 16.866.657 $ 9902.473 $ 27.485080 214 Page 298 of 946 CITY OF BOYNTON BEACH, FLORIDA GOVERNMENTAL ACTIVITIES TAX REVENUES BY SOURCE LAST TEN FISCAL YEARS Fiscal Property Franchise Year Taxes Taxes Public Communications Service Services Taxes Taxes 2012 $ 28,331,033 $ 4,287,510 $ 5,928,449 $ 2013 29,094,562 4,296,681 6,395,124 2014 32,102,705 4,636,483 6,987,760 2015 35,208,959 4,688,568 7,156,246 2016 39,228,218 4,669,059 7,352,212 2017 42,283,823 4,784,734 7,576,223 2018 45,596,082 4,715,685 7,735,274 2019 48,822,642 4,581,640 7,873,870 2020 52,421,658 4,503,615 7,817,800 2021 55,851,071 4,688,829 7,951,801 Sales Gas Taxes ��� Taxes Total 2,583,369 $ 4,462,768 $ 1,159,641 $ 46,752,770 2,775,603 4,702,203 1,152,519 48,416,692 2,494,978 5,033,943 1,199,533 52,455,402 2,509,197 5,434,292 1,279,010 56,276,272 2,383,974 4,760,885 1,313,329 59,707,677 2,558,269 5,738,662 1,368,662 64,310,373 2,325,012 11,162,782 1,401,786 72,936,621 2,552,477 12,058,775 1,415,063 77,304,467 2,747,866 11,091,619 1,301,895 79,884,453 2,685,713 12,952,881 1,361,830 85,492,125 (1) In 2017 the City began receiving the proceeds of a local option sales tax approved by the voters for 10 year period to finance local infrastructure capital projects, 215 Page 299 of 946 General Funds Nonspendable Prepaid items Cmnmitted to: Emergarcy purpose Assigned to: Subsequent yea's budget Unassigned Total General Fund All Other Governmental Funds Nonspendable: Prepaid items Restricted for: Economic development Public safety Grant tnograns Debt service Capital projects Other purpose Committed for: Economic development Debt service Capital projects Assigned to: Economic development Debt service Public safety Culture and recreation CemAery maintenance Capital projects Unassigned (deficit) Total All Other Governmental Funds CITY OF BOYNTON BEACH, FLORIDA FUND BALANCE OF GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS (MODIFIED ACCRUAL BASIS OF ACCOUNTING) Fiscal Y- 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $ 143.862 $ 106.222 $ 98.886 $ 124.236 $ 162.954 $ 469.156 $ 490.897 $ 82.095 $ 69.144 $ 35.888 6.882.152 7.126.713 7.254.011 7.651.856 7.940.131 8.324.107 8.324.107 8.324.107 8.324.107 8.324.107 2.897.849 2.420.738 461.356 450.645 1.006.726 118.100 -- 1.286.655 923.613 923.613 2.906.439 1.541.293 3.463.775 6.852.818 6.895.157 7.439.695 7118.719 7.782.240 8.128.675 6.590.424 $ 12.830.302 $ 11.194.966 $ 11.278.028 $ 15.079.555 $ 16.004.968 $ 16.351.058 $ 15.933.723 $ 17.475.097 $ 17.445.539 $ 15.874.032 $ 25.353 $ 106.626 $ 69.514 $ 67.517 $ 96.965 $ 193.714 $ 201.469 $ 257.129 $ 237.967 $ 179.119 -- -- -- - 88.123 888.052 652.154 590.369 787.731 482.594 325.021 293.168 529.142 699.614 653.322 1.569.109 1.652.063 1.692.416 1.920.891 1.898.147 1.909.342 1.307.599 1.311.006 3.144.526 1.850.224 3.118.504 1.607.500 827.500 -- -- -- 91.183 109.356 116.097 120.621 237.690 288.138 316.121 423.693 237.145 3.407.924 7.564.049 9.609.894 3.300.787 2.847.093 371.074 572.527 391.409 202.330 417.853 479.104 558.157 481.922 350.815 1.582.126 467.783 336.446 707.515 160.412 1.022.417 1.196.851 658.307 1.425.909 1.425.909 874.999 -- 57.187 60.511 66.231 72.205 78.291 -- -- -- -- 513.176 136.254 663.585 804.049 2.397.914 4.231.375 5.777.612 5.777.612 5.777.612 3.908.906 3.117.712 2.563.918 2.496.123 2.825.016 2.843.502 2.839.349 1.598.959 1.295.949 1.553.024 2.852.349 1.832.634 2.018.843 2.814.438 2.313.596 3.648.413 4.515.502 5.110.955 5.385.751 5.704.587 6.091.634 66.557 110.462 45.348 -- 350.738 859.078 1.346.197 2.042.635 2.003.275 2.821.213 919.538 825.207 731.849 616.944 612.470 467.358 529.558 797.811 534.249 617.535 4.117.895 4.056.731 3.989.764 3.857.723 3.636.060 3.453.801 3.272.915 3.204.862 3.132.484 2.991.802 5.750.493 6.329.544 5.341.477 6.490.977 6.307.610 6.850.038 8.220.118 7.402.095 8.421.017 10.293.644 (431.343) 187983 (367,163) 284,207 490,503 (303,770) (219,251) (254,364) (876,309) (835.941) $ 22.564.227 $ 21.501.583 $ 20.370.776 $ 20.821.317 $ 24.514.536 $ 30.591.101 $ 36.310.995 $ 39.376.709 $ 35.525.654 $ 36.848.646 Page 300 of 946 216 CITY OF BOYNTON BEACH, FLORIDA CHANGES IN FUND BALANCE OF GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS (MODIFIED ACCRUAL BASIS OF ACCOUNTING) Expenditures Fiscal Year a..t 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Revemtes 13.376.103 14.555.256 15.142.282 12.906.141 13.437.110 14.398.273 20.335.069 22.024.899 18.225.436 18.742.441 Taxes $ 39.365.949 $ 40.767.941 $ 44.217.234 $ 47.748.292 $ 51.917.489 $ 55.449.182 $ 58.760.618 $ 62.408.417 $ 66.080.142 $ 69.273.439 License and permits 6.415.141 6.712.501 6.848.006 7.445.570 7.580.666 7.614.649 8.665.143 9.832.377 7.899.485 9.089.989 Intergovernmental 10.905.362 10.924.332 11.373.452 11.824.905 10.464.412 14.616.730 17.480.482 18.659.804 19.382.807 21.106.664 Charge for service 7.120.281 7.334.438 7.484.480 8.810.314 8.428.918 9.559.547 9.267.679 9.874.846 9.500.539 10.221.178 Special assessments 4.904.844 4.935.223 4.933.831 5.607.447 5.680.334 5.692.928 6.859.493 6.773.585 6.883.199 7.033.880 Fines and forfeitures 1.904.061 1.727.138 1.834.271 1.985.878 2.384.364 1.512.195 1.928.363 2.433.096 2.591.600 2.984.896 Rents and royalties 331.689 336.908 345.242 364.343 404.255 413.386 437.947 477.669 261.296 550.081 Investment eamings (loss) 537.604 (20.813) 177.599 206.789 243.507 305.799 487.506 1.169.481 951.562 504.390 Donations 183.587 339.365 192.767 236.393 189.328 404.961 279.181 210.060 244.764 221.412 Miscellaneous 278.182 447.344 517.270 519.937 435.592 1.060.287 4.984.607 4.525.598 5.903.822 4.570.117 Total Revenues 71.946.700 73.504.377 77.924.152 84.749.868 87.728.865 96.629.664 109.151.019 116.364.933 119.699.216 125.556.046 Expenditures a..t General government 13.376.103 14.555.256 15.142.282 12.906.141 13.437.110 14.398.273 20.335.069 22.024.899 18.225.436 18.742.441 Public safety 47.143.279 48.947.953 49.594.033 53.227.085 56.329.759 58.359.234 60.736.128 62.628.820 64.151.946 69.537.493 Physical environment 1,029,639 1.156,818 1,303,407 1,320,137 1.292.729 1.347.505 1.324.885 1.271.199 1,297.408 1,444,533 Economic environment 1,756,329 2,838,375 2,164,536 2,973,379 4,114,899 4,025,651 6,477,579 8,837,599 11,308,172 8,312,746 Culture and recreation 7.612.261 7.997.433 8.968.951 8.905.292 8.956.644 8.823.549 8.886.654 9.554.915 9.665.155 10.644.968 Capital outlay 3.007.837 2.462.094 4.530.865 2.729.896 3.206.652 3.879.540 8.494.644 13.676.709 91.408.918 11.164.232 Debt service: Principal 2.527.960 2.790.006 2.888.390 2.675.595 2.697.762 3.525.000 4.477.617 6.390.366 8.977.634 7.928.796 Interest and other fiscal charges 2.614.668 3.252.592 2.039.375 1.650.092 1.027.118 959.828 930.787 1.169.990 3.978.665 3.566.298 Debt issuance costs -- -- -- 117.758 Total Expendittves 79.068.076 84.000.527 86.631.839 86.505.375 91.062.673 95.318.580 111.663.363 125.554.497 209.013.334 131.341.507 Revemtes Over(Under) E)gtendittves (7,121,376) (10.496.150) (8,707,687) (1,755,507) (3,333,808) 1.311.084 (2,512.344) (9,189,564) (89.314.118) (5,785,461) Other Financing Sources (Uses) Transfers in 27.695.921 22.002.164 23.653.669 24.565.411 25.344.133 25.698.050 28.239.670 27.479.594 35.812.024 33.988.849 Transfers out (18.732.813) (14.248.994) (15.993.727) (16.655.675) (17.947.694) (20.586.479) (23.174.119) (22.369.940) (30.231.654) (28.451.903) Proceeds from the sale of capital assets -- -- -- -- 556.001 -- 1.154.212 -- -- -- Issuanceofcapitalleaseagreanents -- -- -- -- -- -- -- -- 79.853.165 Debt proceeds -- 16.185.000 -- 29.720.947 -- -- 1.595.140 8.686.998 -- -- Paymentto refiumded bond escrow agent -- (16.140.000) -- (31,623,108) -- -- -- -- -- -- Total Other Financing Sources (Uses) 8.963.108 7.798.170 7.659.942 6.007.575 7.952.440 5.111.571 7.814.903 13.796.652 85.433.535 5.536.946 Net Change in Fund Balance $ 1.841.732 $ (2,697,980) $ (1,047,745) $ 4.252.068 $ 4.618.632 $ 6.422.655 $ 5.302.559 $ 4.607.088 $ (3,880,583) $ (248.515) Debt Sersice as a Percentage of von -Capital Expendittves 6.76% 7.41% 6.00% 5.17% 4.24% 4.90% 5.24% 6.76% 11.02% 9.57% Page 301 of 946 217 CITY OF BOYNTON BEACH, FLORIDA ASSESSED VALUE AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS Fiscal Total Direct Tax Rate") Total Actual Value(') Property Types $ 3,763,243,221 7.1941 Fiscal Year Residential Commercial Industrial Other Personal Year 2012 $ 2,372,668,214 $ 746,944,112 $ 348,003,702 $ 55,371,557 $ 240,255,636 2012 2013 2,320,445,333 729,017,453 339,651,613 54,042,639 234,489,500 2013 2014 2,436,467,599 810,364,696 342,148,867 53,926,467 241,430,308 2014 2015 2,923,761,118 972,437,635 410,578,640 73,888,557 265,510,848 2015 2016 3,159,914,754 1,085,753,914 439,319,144 79,060,755 257,206,056 2016 2017 3,654,470,712 1,075,226,494 386,020,388 74,713,623 223,599,467 2017 2018 3,938,326,539 1,135,743,874 408,311,796 83,097,704 226,176,763 2018 2019 4,221,761,871 1,217,481,622 437,697,370 89,078,118 242,454,358 2019 2020 4,592,116,793 1,222,709,880 470,273,031 97,366,388 241,097,723 2020 2021 4,903,393,850 1,189,227,476 500,544,665 101,358,559 247,842,504 2021 Source: Palm Beach Comity Property Appraiser Total Taxable Value") Total Direct Tax Rate") Total Actual Value(') Taxable Value as a %ofActual Value $ 3,763,243,221 7.1941 $ 5,195,441,429 72.43 3,677,646,538 7.6000 5,037,982,238 73.00 3,884,33 7,93 7 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 6,942,367,053 7.8900 9,923,407,613 69.96 6) Actual value less all exemptions (governrnental, institutional, widow's/widower's, disability/blind, and homestead) and homestead assessment differential (just value mums capped value) Includes debt service (3) Actual Value = Just Value Source: Palm Beach County Property Appraiser Page 302 of 946 218 CITY OF BOYNTON BEACH, FLORIDA PROPERTY TAX RATES DIRECT AND OVERLAPPING GOVERNMENTS LAST TEN FISCAL YEARS PER $1,000 of ASSESSED VALUE) Source: Palm Beach County Property Appraiser Tax rate limits Ten mills per Florida Statute 200.081 Scope of tax rate limit No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value, except for special benefits and debt service on obligations issued with the approval of those taxpayers subject to ad valorem taxes. Taxes due March 31 Taxes delinquent April 1 Discounts allowed 4% November, 3% December, 2% January, 1% February Penalties for delinquency 2.5% after April 1, increasing .5% each ten days to maximum of 5.0% Tax collector Palm Beach County Tax collector's commission None (1) Other rates include the South Florida Water Management District, Florida Inland Navigation District, Palm Beach County Health Care District, and the Children's Services Council. 219 Page 303 of 946 City of Boynton Beach Palm Beach County Schools Fiscal Operating Debt Total Operating Debt Total Operating Debt Total Year Millage Service City Millage Service County Millage Service Schools Other(i) Total 2012 7.1941 0.0000 7.1941 4.7815 0.2110 4.9925 8.1800 0.0000 8.1800 2.3088 22.6754 2013 7.6000 0.0000 7.6000 4.7815 0.2087 4.9902 7.7780 0.0000 7.7780 2.3154 22.6836 2014 7.9000 0.0000 7.9000 4.7815 0.2037 4.9852 7.5860 0.0000 7.5860 2.2800 22.7512 2015 7.9000 0.0000 7.9000 4.7815 0.1914 4.9729 7.5940 0.0000 7.5940 2.1732 22.6401 2016 7.9000 0.0000 7.9000 4.7815 0.1327 4.9142 7.5120 0.0000 7.5120 2.0974 22.4236 2017 7.9000 0.0000 7.9000 4.7815 0.1210 4.9025 7.0700 0.0000 7.0700 1.8518 21.7243 2018 7.9000 0.0000 7.9000 4.7815 0.1208 4.9023 6.7690 0.0000 6.7690 1.7818 21.3531 2019 7.9000 0.0000 7.9000 4.7815 0.0765 4.8580 7.1640 0.0000 7.1640 1.6870 21.6090 2020 7.9000 0.0000 7.9000 4.7815 0.0309 4.8124 8.0654 0.0000 8.0654 1.6753 22.4531 2021 7.8900 0.0000 7.8900 4.7815 0.0334 4.8149 6.8750 0.0000 6.8750 1.6386 21.2185 Source: Palm Beach County Property Appraiser Tax rate limits Ten mills per Florida Statute 200.081 Scope of tax rate limit No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value, except for special benefits and debt service on obligations issued with the approval of those taxpayers subject to ad valorem taxes. Taxes due March 31 Taxes delinquent April 1 Discounts allowed 4% November, 3% December, 2% January, 1% February Penalties for delinquency 2.5% after April 1, increasing .5% each ten days to maximum of 5.0% Tax collector Palm Beach County Tax collector's commission None (1) Other rates include the South Florida Water Management District, Florida Inland Navigation District, Palm Beach County Health Care District, and the Children's Services Council. 219 Page 303 of 946 CITY OF BOYNTON BEACH, FLORIDA TEN PRINCIPAL PROPERTY TAXPAYERS CURRENT YEAR AND NINE YEARS AGO Taxpayer City Tax Amount 2021 Taxable Value Value Rank % 2012 Taxable Value Value Rank % Florida Power & Light Co. $ 1,001,543 $ 126,938,268 1 1.83% $ Seabourn Cove Holdings LLC 891,469 112,987,166 2 1.63% CH Realty VII PSREG Boynton Beach Las Vegas 686,430 87,000,000 3 1.25% IMT Capital V Boynton Beach LLC 641,446 81,298,597 4 1.17% Duke PGC at Quantum 19 LLC 575,437 72,932,500 5 1.05% Northland Lugano LLC 514,397 65,196,106 6 0.94% RRPIV Cortina LLC 507,884 64,370,594 7 0.93% WSRE CP PAC Investors LLC 481,870 61,073,500 8 0.88% Avanti Residential 500 Ocean TIC I LLC 436,975 55,383,363 9 0.80% Morguard Boynton Town Center INC 354,337 44,909,609 10 0.65% Florida Power and Light Co -- -- -- -- 86,562,910 1 2.30% Boynton Waterways Investment Assoc. LLC 57,897,351 2 1.54% Las Ventanas at Boynton Beach Ltd. 47,000,000 3 1.25% Boynton JCP Associates 44,464,249 4 1.18% Duke PGC at Quantum 19 LLC 43,046,339 5 1.14% City National Bank of Florida 39,513,246 6 1.05% Morguard Boynton Town Center INC 33,284,443 7 0.88% Boynton Development Associates II LLC 33,103,283 8 0.88% EQR FREWAC 2008 Limited Partner 29,282,532 9 0.78% Villas at Quantum Lakes Inc. -- -- 0.00% 23,652,236 10 0.63% 6,091,788 772,089,703 11.13% 437,806,589 11.63% Other 46,043,439 6,170,277,350 88.87% 3,325,436,632 88.37% Total Tax and Final Taxable Value $ 52,135,227 $ 6,942,367,053 100.00% $ 3,763,243,221 100.00% 220 Page 304 of 946 CITY OF BOYNTON BEACH, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS Sources: City of Boynton Beach Financial Services Department and Palm Beach County Tax Collector (1) General Fund tax levy and collections do not include tax increment revenues and are not reduced for early payment discounts. 221 Page 305 of 946 Total General Fund General Fund Property Tax Collections Fiscal Year Property Tax Current Property Taxes Delinquent Total Property Taxes Ended Levied for Collected Taxes Collected September 30, Fiscal Year Amount % of Levy (i) (Refunds) Amount % of Levy (i) 2012 $ 27,109,849 $ 26,858,653 99.1% $ 132,961 $ 26,991,614 99.6% 2013 27,950,114 27,720,517 99.2% 176,046 27,896,563 99.8% 2014 29,736,500 29,372,243 98.8% 82,805 29,455,048 99.1% 2015 33,372,261 31,930,094 95.7% 142,652 32,072,746 96.1% 2016 36,619,390 35,249,544 96.3% 364,353 35,613,897 97.3% 2017 39,712,237 38,100,867 95.9% 266,011 38,366,878 96.6% 2018 41,458,358 41,175,720 99.3% 62,632 41,188,352 99.3% 2019 45,698,641 45,670,932 99.9% 15,903 45,686,835 100.0% 2020 49,100,107 48,896,218 99.6% 61,632 48,957,850 99.7% 2021 52,330,060 52,135,227 99.6% -- 52,135,227 99.6% Sources: City of Boynton Beach Financial Services Department and Palm Beach County Tax Collector (1) General Fund tax levy and collections do not include tax increment revenues and are not reduced for early payment discounts. 221 Page 305 of 946 CITY OF BOYNTON BEACH, FLORIDA RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS Note: Details about the City's outstanding debt can be found in the notes to the financial statements. The debt for the business - type activities represents debt for our water treatment plants and wastewater collection and transmission system. These facilities serve our residents as well as non-residents on our water and sewer utility system. * Governmental Activities includes outstanding debt for the Community Redevelopment Agency (CRA), consisting of the tax increment revenue bonds and a portion of the Promissory notes. 222 Page 306 of 946 Business -type Governmental Activities Activities CRA Tax Capital Water & Fiscal Year CRA Increment Public Lease / Sewer Total Ended Promissory Revenue Service Tax Note Installment Revenue Primary Per September 30, Notes* Bonds/Note* Bonds Payable Agreements Bonds Government Capita 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 2021 10,169,000 13,695,000 77,895,000 101,759,000 1,266 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. 222 Page 306 of 946 CITY OF BOYNTON BEACH, FLORIDA RATIOS OF GENERAL BONDED DEBT OUTSTANDING LAST TEN FISCAL YEARS Source: City of Boynton Beach Financial Services Department Less: Amounts Available in Debt Service Funds Net General Obligation Debt $ 1,075,753 828,747 567,357 290,762 Percentage of Actual General Taxable Value of Obligation Fiscal Year Capita Taxable Debt Ended 0.023% Value of (including September 30, Population Property CRA Debt) -- 2012 70,101 $ 3,763,243,221 $ 1,075,753 2013 70,101 3,677,646,538 828,747 2014 70,800 3,884,337,937 567,357 2015 71,608 4,646,176,798 290,762 2016 72,784 5,021,254,623 -- 2017 75,569 5,414,030,684 2018 76,800 5,791,656,676 2019 77,696 6,208,473,339 2020 78,495 6,623,563,815 2021 80,380 6,942,367,053 Source: City of Boynton Beach Financial Services Department Less: Amounts Available in Debt Service Funds Net General Obligation Debt $ 1,075,753 828,747 567,357 290,762 Percentage of Actual Taxable Value of Per Property Capita 0.029% 15.35 0.023% 11.82 0.015% 8.01 0.006% 4.06 0.000% -- 0.000% 0.000% 0.000% 0.000% 0.000% 223 Page 307 of 946 CITY OF BOYNTON BEACH, FLORIDA DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT AS OF SEPTEMBER 30, 2021 Direct: City of Boynton Beach: Overlapping: Palm Beach County: General obligation bonds Palm Beach County School District: General obligation bonds Certificates of Participation Total direct and overlapping bonded debt payable from taxes Boynton Beach estimated population Direct and overlapping net debt per capita Net Governmental Activities Debt $ 35,700,000 Direct and Overlapping Estimated Net General Percent Obligation Applicable Debt 100.00% $ -- 3.30% 1,179,384 5,379,000 3.30% 1,487,324,890 3.30% $ 1,528,403,890 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. 49,135,208 $ 50,314,592 80,380 $ 625.96 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. 224 Page 308 of 946 CITY OF BOYNTON BEACH, FLORIDA LEGAL DEBT MARGIN INFORMATION LAST TEN FISCAL YEARS Fiscal Year Total Net Debi Ended Applicable to Legal Debt September 30, Debt Limit Debt Limit Margin (A) (B) (A) -(B) 2012 $ 519,544,143 $ 1,075,753 $ 518,468,390 2013 503,798,224 828,747 502,969,477 2014 535,349,681 567,357 534,782,324 2015 678,646,369 290,762 678,355,607 2016 738,949,052 -- 738,949,052 2017 795,213,312 -- 795,213,312 2018 841,132,567 727,523 840,405,044 2019 896,065,959 2,355,155 893,710,804 2020 934,210,206 -- 934,210,206 2021 992,340,761 -- 992,340,761 Legal Debt Margin Calculation for Fiscal Year 2021 % of Total Net Debt Applicable to Debt Limit (B) / (A) 0.21% 0.16% 0.11% 0.04% 0.00% 0.00% 0.00% 0.26% 0.00% 0.00% Assessed valuations: Taxable value $ 6,942,367,053 Add back exempt property 2,981,040,560 Total assessed value for debt limit $ 9,923,407,613 Legal debt margin: Debt limitation - 10% of total assessed value for debt limit Debt applicable to limitation: Total general obligation debt Less: Amount available for repayment of general obligation debt Total net debt applicable to debt limit Legal debt margin $ 992,340,761 $ 992,340,761 The City has established a maximum cap for long-term general obligation debt as 10% of the total assessed value of both real and personal property within the City limits. This cap shall be adjusted annually to reflect the annual changes in the assessed value. 225 Page 309 of 946 CITY OF BOYNTON BEACH, FLORIDA PLEDGED REVENUE COVERAGE - WATER & SEWER BONDS LAST TEN FISCAL YEARS Water and Sewer Revenue Bonds Fiscal Year Net Ended Current Available Debt Service Payments September 30, Revenues(l) Expenses(l) Revenues Principal Interest 2012 $ 39,219,086 $ 22,145,529 $ 17,073,557 $ 2,685,000 $ 2,397,740 2013 38,639,303 21,862,965 16,776,338 2,170,000 3,382,123 2014 42,291,880 22,397,705 19,894,175 2,810,000 3,289,266 2015 44,453,262 22,479,193 21,974,069 2,945,000 3,129,086 2016 45,867,901 21,809,615 24,058,286 3,095,000 2,976,734 2017 46,411,629 22,617,289 23,794,340 3,255,000 3,136,770 2018 46,548,876 22,331,704 24,217,172 3,425,000 3,261,374 2019 49,617,445 23,745,897 25,871,548 3,605,000 3,370,201 2020 49,450,187 24,672,816 24,777,371 4,215,000 3,192,714 2021 50,399,813 26,121,308 24,278,505 4,310,000 1,002,696 The following definitions are in accordance with the bond resolutions: Coverage (Z) 3.36 3.02 3.26 3.62 3.96 3.72 3.62 3.71 3.34 4.57 (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 226 Page 310 of 946 CITY OF BOYNTON BEACH, FLORIDA PLEDGED REVENUE COVERAGE - PUBLIC SERVICE TAX BONDS LAST TEN FISCAL YEARS Fiscal Year Public Ended Service Tax Debt Service September 30, Revenues Principal Interest Coverage(i) 2012 $ 8,511,818 $ 1,300,000 $ 1,329,165 3.24 2013 9,170,727 1,365,000 1,265,315 3.49 2014 9,482,738 1,430,000 1,198,709 3.61 2015 9,665,443 1,500,000 1,128,828 3.68 2016 9,736,186 1,120,000 466,455 6.14 2017 10,134,492 1,900,000 446,273 4.32 2018 10,060,286 1,940,000 406,770 4.29 2019 10,426,347 1,970,000 368,648 4.46 2020 10,637,514 2,130,000 287,820 4.40 2021 10,644,044 2,130,000 287,820 4.40 Coverage requirement is 110% of current debt service. Source: City of Boynton Beach Financial Services Department 227 Page 311 of 946 CITY OF BOYNTON BEACH, FLORIDA 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 - Enrollment Reports (3) Source: Florida Department of Commerce, Division of Employment Security Data is for Palm Beach County 228 Page 312 of 946 Per Capita Total Average Fiscal Personal School Unemployment Year Population(i) Income(i) Enrollment (2) Rate (3) 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% 2021 80,380 87,478 191,154 5.2% (1) Source: University of Florida, Bureau of Business and Economic Research Personal Income represents Palm Beach County (Revised) (2) Source: School District of Palm Beach County - Enrollment Reports (3) Source: Florida Department of Commerce, Division of Employment Security Data is for Palm Beach County 228 Page 312 of 946 CITY OF BOYNTON BEACH, FLORIDA PRINCIPAL EMPLOYERS CURRENT YEAR AND NINE YEARS AGO 2021 2012 Sources: InfoUSA (Reference USA Database) and the Greater Boynton Beach Chamber of Commerce Only partial infoinlation for 2020 and 2011 was available. N/A - Not available. 229 Page 313 of 946 Percentage Percentage of Total of Total City City Employer Employees Rank Employment Employees Rank Employment Palm Beach County School District 22,600 1 N/A 21,718 1 N/A Tenet Coastal Division Palm Beach County 6,505 2 N/A 5,127 3 N/A Palm Beach County 5,686 3 N/A 11,381 2 N/A NextEra Energy, Inc 5,119 4 N/A 3,658 5 N/A Florida Atlantic University 3,133 5 N/A 2,776 6 N/A Boca Raton Regional Hospital 3,052 6 N/A N/A Veterans Health Administration 3,000 7 N/A 2,700 7 N/A HCA Health Administration 2,806 8 N/A N/A The Breakers 2,300 9 N/A 2,300 8 N/A Bethesda Hospital 2,282 10 N/A 2,282 9 N/A Hospital Corp of America - HCA -- N/A 4,150 4 N/A Office Depot -- N/A 2,200 10 N/A Totals 56,483 N/A 58,292 N/A Sources: InfoUSA (Reference USA Database) and the Greater Boynton Beach Chamber of Commerce Only partial infoinlation for 2020 and 2011 was available. N/A - Not available. 229 Page 313 of 946 CITY OF BOYNTON BEACH, FLORIDA FULL-TIME EQUIVALENT CITY GOVERNMENT EMPLOYEES BY FUNCTION LAST TEN FISCAL YEARS Full -Time Equivalent Employees as of September 30, Function/Proeram 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Government Management Services 19 19 17 17 19 18 18 18 21 23 Financial Services 13 13 13 13 14 14 15 15 15 16 Information Technology 15 15 15 15 14 14 15 15 15 15 Human Resources 7 7 7 6 6 6 6 6 5 5 Planning and Zoning 6 6 6 6 6 6 6 6 6 6 Facilities Management 10 11 11 11 11 11 12 12 11 11 Public Safety Police 177 185 191 222 211 211 214 220 222 221 Communications 23 23 23 Fire 143 142 142 149 147 147 147 147 147 147 Community Standards 22 22 23 23 22 22 Code Compliance 11 11 11 Animal Control Building/Engineering/Licenses 28 31 31 30 34 30 32 32 32 34 Physical Environment Forestry & Grounds 9 20 20 23 23 Roads & Streets 4 4 5 5 5 5 5 4 4 4 Economic Environment Community Improvement 4 4 3 2 2 2 2 2 2 2 Grants 10 2 8 1 1 1 1 1 1 1 Culture/Recreation Library 28 28 28 27 27 27 27 28 28 28 Recreation and Parks 65 70 70 70 68 72 53 52 52 51 Public Art 1 1 1 1 1 1 1 2 2 2 Internal Service Funds Vehicle Service 11 11 11 11 12 12 12 12 16 16 Warehouse 4 4 4 4 4 4 5 5 6 6 Self Insurance 4 4 3 4 4 4 5 5 5 5 Enterprise Funds Water & Sewer Utility 129 128 130 133 133 133 134 138 141 141.25 Sanitation 38 38 40 40 44 44 44 46 47 47 Golf Course 26 26 26 24 21 21 21 21 21 21 Transportation Total 785 783 796 791 806 805 818 830 843 847 Source: City of Boynton Beach Financial Services Department 230 Page 314 of 946 CITY OF BOYNTON BEACH, FLORIDA OPERATING INDICATORS BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS Fiscal Year Fimction/Program 2012 2013 2014 2015 2016 2017 2015 2019 2020 2021 General Government Planning and Zoning Ni-ber of inspections 22,405 15,079 16,077 17,000 17,143 19,125 20,361 23,313 25,908 25,096 Building permits issued 6,074 4,353 5,058 5,700 5,760 6,137 7,081 7,420 7,076 7,820 Public Safety Police Physical arrests 3,082 3,001 4,500 3,500 3,946 2,168 2,427 2,106 1,572 1,134 Parking violations 1,199 1,184 1,684 1,920 2,016 1,186 1,027 1,629 1,244 1,858 Traffic violations 12,491 12,316 13,325 11,500 13,142 4,694 5,050 7,970 2,749 5,161 Fire Numuber of calls 11,933 12,000 12,175 12,250 12,374 15,468 13,892 13,787 13,712 15,790 Inspections 8,123 8,126 8,373 8,350 8,421 9,240 10,502 8,601 10,002 9,016 Code Compliance Code enforcement violations 3,200 3,000 2,858 2,082 2,219 2,150 2,818 4,325 3,276 3,359 Public Works Street resumfacing(miles) -- -- -- -- -- -- 1.3 -- 7.7 4.0 Culture/Recreation Library Circulation 356,454 374,287 267,381 269,688 271,152 214,142 201,415 114,897 89,487 136,763 Cardholders 44,030 44,910 43,888 38,936 39,121 30,298 24,143 19,933 14,883 18,334 Leisuae Services Camp program participants 304 304 269 280 289 313 271 269 38 100 Class participants 5,647 5,600 4,531 4,800 4,864 3,216 2,981 2,850 1,719 2,353 Water System Total meters 34,990 34,918 34,918 35,259 35,746 36,210 35,848 37,072 36,770 37,317 Total Living units served 56,385 55,859 57,176 58,000 58,873 59,415 60,783 62,282 60,880 64,418 Avg. daily water consmmption (thousand ofgallons) 13,184 13,000 13,210 13,500 13,520 14,280 14,520 13,980 14,300 13,220 Sewer System Total connections 32,699 32,677 33,083 33,300 33,542 34,170 34,265 34,766 34,820 34,996 Total Living units served 54,450 53,664 55,489 55,500 55,712 56,814 57,476 58,623 57,570 59,314 Sanitation Refitse collected (tons) 62,312 67,384 67,500 68,000 68,214 85,418 68,957 183,510 188,202 90,237 Recyclables collected(tons) 5,097 5,765 6,000 6,300 6,376 5,097 4,139 4,097 4,197 3,767 Golf Course Rounds played (Starts-9or18hole) 63,546 61,420 60,185 65,000 62,142 45,230 58,233 69,044 71,165 73,122 Soumces: City Departments Page 315 of 946 231 CITY OF BOYNTON BEACH, FLORIDA CAPITAL ASSET STATISTICS BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS Fiscal Year Function/Program 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Public Safety, Police Stations I I I I I I I I I I Patrol Units 99 99 99 99 99 99 99 109 115 116 Fire Stations 5 5 5 5 5 5 5 5 5 5 Trucks 7 7 7 7 7 7 7 8 8 9 ALS rescue vehicles 7 7 7 7 7 7 7 7 10 11 Sanitation Garbagetrucks23 23 23 23 23 23 22 23 28 28 Trash trucks 7 7 7 7 7 7 9 10 10 10 Public Works Street lights 209 209 209 209 209 209 209 209 209 209 Lane miles 252 252 252 252 252 252 252 252 252 252 Culture/Recreation Library Books 143,888 151,081 141,832 138,473 141,214 135,552 128,977 128,584 107,446 106,634 Leisure Services Ballfields - lighted 6 6 6 6 6 6 6 6 8 8 Basketball courts 14 14 14 14 14 14 14 15 15 15 Shuffleboard cmu•ts 16 16 16 16 16 16 16 16 -- -- Racquetball cmu•ts 8 8 8 8 8 8 8 8 8 8 Tennis courts 31 31 31 29 29 29 29 29 29 29 Parks 29 29 29 29 29 29 29 31 32 32 Activity Centers 8 8 8 8 8 8 6 6 7 7 Water/Sewer Utility, Water mains (miles) 400 410 410 410 410 410 449 459 463 460 Sanitary sewers (miles) 325 325 325 325 325 325 346 346 369 369 Storm sewers (miles) 73 73 73 73 73 73 73 86 86 86 Fire hydrants 3,900 3,915 3,915 3,920 3,920 3,920 4,045 4,224 4,250 4,231 Lift Stations 162 162 162 162 162 162 162 165 187 170 Sources: City Departments N/A - Information not available Page 316 of 946 232 REPORTING SECTION Page 317 of 946 MA CUM ACCOUNTANTS ADVISORS INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business -type activities, each major fund and the aggregate remaining fund information of the City of Boynton Beach, Florida (the "City"), as of and for the year ended September 30, 2021, 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 April 15, 2022. Our report includes a reference to other auditors who audited the financial statements of the Boynton Beach Community Redevelopment Agency, a major governmental fund of the City, and the City of Boynton Beach General Employees' Pension Fund, the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, fiduciary funds of the City, as described in our report on the City's financial statements. This report does not include the results of the other auditors' testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors. The financial statements of the City of Boynton Beach Police Officers' Pension Fund and the City of Boynton Beach Firefighters' Pension Fund were not audited in accordance with Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. 233 MARCUM Of?, ak..IIIF' MEMBER Marcum LLP ill, 525 Okeechobee Boulevard ill, Suite 750 ill, West Palm Beach, Florida 33401 ill, Phone 561.653.7300 ill, Fax 561.653.7301Fj ma Cll0}IIpOCWYL6 A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. West Palm Beach, Florida April 15, 2022 234 Page 319 of 946 MA CUM ACCOUNTANTS ADVISORS INDEPENDENT AUDITORS' REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM AND REPORT ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida Report on Compliance for Each Major Federal Program We have audited the City of Boynton Beach, Florida (the "City") compliance, 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, 2021. 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. Auditors' 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 auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code ofFederal 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 its major federal programs. However, our audit does not provide a legal determination of the City's compliance. 235 MARCUM Of?, ak..IIIF' MEMBER Marcum LLP ill, 525 Okeechobee Boulevard ill, Suite 750 ill, West Palm Beach, Florida 33401 ill, Phone 561.653.7300 ill, Fax 561.653.7301Fj ma "IpOCWYL6 Opinion on Each Major Federal Program In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended September 30, 2021. Report on Internal Control Over Compliance Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City's internal control over compliance with the types of requirements that could have a direct and material effect on each of its major federal programs to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. OYAZall, West Palm Beach, Florida April 15, 2022 236 Page 321 of 946 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 Federal Grantor/Pass-Through Grantor Program or Cluster Title U.S. Department of Housing and Urban Development Direct Awards Community Development Block Grants/Entitlement Grants Community Development Block Grants (CDBG) Coronavirus Aid, Relief and Economic Security Act (CARES Act) (CDBF-CV 1) Community Development Block Grants (CDBG) Coronavirus Aid, Relief and Economic Security Act (CARES Act) (CDBF-CV 3) Total Community Development Blocks Grants/Entitlement Grants Cluster Total U.S. Department of Housing and Urban Development U.S. Department of Justice Direct Awards Coronavirus Emergency Supplement Funding Program Bulletproof Vest Partnership Program Bulletproof Vest Partnership Program Edward Byrne Memorial Justice Assistance Grant Program: JAG Real Time Crime Center Project JAG Community Engagement Software 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 (Occupant Protection) Total Highway Safety Cluster Total U.S. Department of Transportation Assistance Grant Number/ Listing Pass-through Entity Federal Transfers to Number Identifying Number Expenditures Subrecipients 14.218 B -20 -MC -12-0043 $ 307,948 $ 162,023 14.218 B -20 -MC -12-0043 142,305 14.218 B -19 -MC -12-0043 219,998 670,251 162,023 670,251 162,023 16.034 2020 -VD -BX -1108 75,811 16.607 18095819 2,556 16.607 19019359 10,897 16.738 2018 -DJ -BX -0424 33,743 16.738 2019 -DJ -BX -0808 34,740 VOCA-2020-City of 16.575 Boynton Beach -00716 76,389 234,136 20.600 GIR54 29,361 20.616 GIU16 19,715 49,076 49,076 (Continued) See notes to schedule of expenditures of federal awards. 237 Page 322 of 946 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS (CONTINUED) FOR THE YEAR ENDED SEPTEMBER 30, 2021 Federal Grantor/Pass-Through Grantor Proaram or Cluster Title U.S. Department of Treasury Direct Awards Equitable Sharing Program State and Local Fiscal Recovery Funds (American Rescue Plan Act) Pass-through Award from State of Florida, Florida Housing Finance Corporation COVID-19 - Coronavirus Relief Fund Total U.S. Department of Treasury 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 Direct Awards Assistance to Firefighters Grant (AEG) Assistance to Firefighters Grant (AEG) (Covid-19 Supplemental) Pass-through Award from Florida Division of Emergency Management Disaster Grants - Public Assistance (Presidentially Declared Disasters - Hurricane Isaisas) Hazard Mitigation Grant Pass-through Award from Palm Beach County, Florida Homeland Security Grant Program (HSGP) Homeland Security Grant Program (HSGP) Total U.S. Department of Homeland Security Total Federal Awards Assistance Grant Number/ Listing Pass-through Entity Federal Transfers to Number Identifying Number Expenditures Subrecipients 21.016 N/A $ 1,106 $ 21.027 N/A 132,363 21.019 103-2020 280,578 414,047 45.310 20-LSTA-B-01 40,000 40,000 97.044 EMW-2018-FO-00546 481,165 97.044 EMW-2020-FG-01239 18,274 97.036 DR -3533 (Z2527) 79,246 97.039 FEMA -DR -4337-121-R 55,500 97.067 R0081 25,000 97.067 21-MIPMIP-10-007VO 5,857 665,042 $ 2,072,552 $ 162,023 See notes to schedule of expenditures of federal awards. 238 Page 323 of 946 CITY OF BOYNTON BEACH, FLORIDA NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 1. BASIS OF PRESENTATION The accompanying Schedule of Expenditures of Federal Awards (the "Schedule") includes the Federal grant activity of the City of Boynton Beach, Florida (the "City"), under programs of the Federal government for the year ended September 30, 2021. The information in the Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position or changes in net position, or cash flows of the City. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (a) Expenditures reported on the Schedule are reported on the modified accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Expenditure relating to U.S. Department of Homeland Security, Federal Emergency Management Agency ("FEMA") CFDA 97.036 — Disaster Grants - Public Assistance (Presidentially Declared Disasters - Hurricane Isaisas), are reported when 1) FEMA has approved the project worksheet, and 2) eligible expenditures have been incurred in accordance with FEMA regulations (See Note 5). (b) The City made subrecipient payments totaling $162,023 from Federal awards to various local non- profit organizations for the year ended September 30, 2021. (c) Certain pass-through entity identifying numbers were not available for pass-through awards listed in the Schedule for the year ended September 30, 2021. 3. INDIRECT COST RATE The City did not elect to charge the 10% de minimus indirect cost rate as allowed under the Uniform Guidance. 4. Expenditures Incurred in Prior Years Amounts reported in the Schedule of Expenditures of Federal Awards for U.S. Department of Homeland Security, Disaster Grants - Public Assistance (Presidentially Declared Disasters - Hurricane Isaisas) include expenditures of $79,246 that were incurred in a prior year. 239 Page 324 of 946 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL AWARD PROGRAMS FOR THE YEAR ENDED SEPTEMBER 30, 2021 SECTION I - SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of auditor's report issued on whether the financial Statements audited were prepared in accordance with GAAP: Internal control over financial reporting: Material weakness(es) identified? Significant deficiency(les) identified that are not considered to be material weaknesses? Noncompliance material to financial statements noted? Federal Award Prozrams Internal control over major Federal Programs: Material weakness(es) identified? Significant deficiency(les) identified that are not considered to be material weaknesses? Type of auditor's report issued on compliance for major Federal Programs: Any audit findings disclosed that are required to be reported in accordance with 2 CFR Section 200.516(a)? Identification ofMaior Federal Prozrams: Federal Program U.S. Department of Housing and Urban Development Community Development Block Grants/Entitlement Grants (Cluster) U.S. Department of Homeland Security Assistance to Firefighters Grant (AFG) Dollar threshold used to distinguish between Type A and Type B Federal programs: Auditee qualified as low-risk auditee? Unmodified Opinion Yes X No Yes X None reported Yes X No Yes X No Yes X None reported Unmodified Opinion Yes X No Assistance Listing No. 14.218 97.044 750 000 X Yes No 240 Page 325 of 946 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL AWARD PROGRAMS (CONTINUED) FOR THE YEAR ENDED SEPTEMBER 30, 2021 SECTION II - FINANCIAL STATEMENT FINDINGS None SECTION III — FEDERAL AWARD PROGRAMS FINDINGS AND QUESTIONED COSTS None SECTION IV — OTHER MATTERS A summary schedule of prior audit findings was not prepared as there were no prior year findings. A Corrective Action Plan is not required in the current year because there were no audit findings reported. 241 Page 326 of 946 MA CUM ACCOUNTANTS ADVISORS MANAGEMENT LETTER IN ACCORDANCE WITH THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida Report on the Financial Statements We have audited the financial statements of the City of Boynton Beach, Florida (the "City"), as of and for the fiscal year ended September 30, 2021, and have issued our report thereon dated April 15, 2022. We did not audit the financial statements of the Boynton Beach Community Redevelopment Agency ("CRA"), a major governmental fund of the City, and the City of Boynton Beach General Employees' Pension Fund, the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, which are fiduciary funds of the City. This management letter does not include any matters reported on separately by those other auditors in their management letter, if any. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance); and Chapter 10.550, Rules of the Auditor General. Other Reporting Requirements We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards; Independent Auditors' Report on Compliance for Each Major Federal Program and Report on Internal Control over Compliance Required by the Uniform Guidance; Schedule of Findings and Questioned Costs; and Independent Accountants' Report on an examination conducted in accordance with AICPA Professional Standards, AT -C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports and schedule, which are dated April 15, 2022, should be considered in conjunction with this management letter. 242 MARCUM Of?, ak..IIIF' MEMBER Marcum LLP ill, 525 Okeechobee Boulevard ill, Suite 750 ill, West Palm Beach, Florida 33401 ill, Phone 561.653.7300 ill, Fax 561.653.7301Fj ma C41g1iIpOCWYL6 Prior Audit Findings Section 10.554(1)(i)l., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no prior year audit findings reported by the predecessor auditor. Official Title and Legal Authority Section 10.554(1)(i)4., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. This information is disclosed in Note 1 to the financial statements. Also, as discussed in Note 1, the City included the Boynton Beach Community Redevelopment Agency as a blended component unit of the City. Financial Condition and Management Sections 10.554(1)(i)5.a. and 10.556(7), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether or not the City met one or more of the conditions described in Section 218.503(l), Florida Statutes, and to identify the specific condition(s) met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(l), Florida Statutes. Pursuant to Sections 10.554(1)(i)5.b. and 10.556(8), Rules of the Auditor General, we applied financial condition assessment procedures to the City. It is management's responsibility to monitor the City's financial condition, and our financial condition assessment was based in part on representations made by management and review of financial information provided by same. The results of our procedures disclosed no matters that are required to be reported. Our assessment was performed as of the fiscal year end. Section 10.554(1)(i)2., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. Special District Component Units Section 10.554(1)(i)5.c., Rules of the Auditor General, requires, if appropriate, that we communicate the failure of a special district that is a component unit of a county, municipality, or special district, to provide the financial information necessary for proper reporting of the component unit within the audited financial statements of the county, municipality, or special district in accordance with Section 218.39(3)(b), Florida Statutes. In connection with our audit, we did not note any special district component units that failed to provide the necessary information for proper reporting in accordance with Section 218.39(3)(b), Florida Statutes. 243 Page 328 of 946 Additional Matters Section 10.554(1)(i)3., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our audit, we did not note any such findings. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies, and the City Commission and applicable management of the City of Boynton Beach, Florida, and is not intended to be and should not be used by anyone other than these specified parties. West Palm Beach, Florida April 15, 2022 244 Page 329 of 946 MA CUM ACCOUNTANTS ADVISORS INDEPENDENT ACCOUNTANTS' REPORT ON COMPLIANCE PURSUANT TO SECTION 218.415 FLORIDA STATUTES To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida We have examined the City of Boynton Beach, Florida (the "City") compliance with Section 218.415, Florida Statutes, Local Government Investment Policies for the year ended September 30, 2021. Management of the City is responsible for the City's compliance with the specified requirements. Our responsibility is to express an opinion on the City's compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perforin 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 complied, in all material respects, with Section 218.415, Florida Statutes, as of and for the year ended September 30, 2021. This report is intended to describe our testing of compliance with Section 218.415, Florida Statutes, and is not suitable for any other purpose. West Palm Beach, Florida April 15, 2022 MARCUM Of?, ak..IIIF' MEMBER 245 Marcum LLP ill, 525 Okeechobee Boulevard ill, Suite 750 ill, West Palm Beach, Florida 33401 ill, Phone 561.653.7300 ill, Fax 561.653.7301Fj ma "IpOCWYL6 CITY OF BOYNTON BEACH BEFORE ME, the undersigned authority, personally appeared Mara Frederiksen who being duly sworn, deposes and says on oath that: 1. 1 am the Chief Financial Officer of the City of Boynton Beach which is a local Municipality of the State of Florida; 2. City of Boynton Beach adopted Ord. 10-025, passed 12-7-10 (See Part III, Land Development Regulations, Chapter II. Article VI. Section 2). implementing an impact fee; and 3. City of Boynton Beach has complied and, as of the date of this Affidavit, remains in compliance with Section 163.31801, Florida Statutes. FURTHER AFFIANT SAYETH NAUGHT, k p r N u (tie f FinancTi-1 Officer of the ty) STATE OF FLORIDA COUNTY OF Palm Beach SWORN TO AND SUBSCRIBED before me this a qday of d,16"; , 20�: PUBLIC Print Name _':� �eW Personally a y kn wn o or produced identification Type of identification produced .......... LYNN N M. SWANSON , , IAYCOMMMSiON i HH 155-706 "' gjf DSS tbve nW 17, 2425 ��;�w��- eonsaanxuNcmr�uir.� My Commission Expires: Page 1 of 1 Paq?V31 of 946 Page 332 of 946 C"q BEACI I Boynton Beach, FL 33435 Boynton -beach -website 5.A. Administrative 5/17/2022 Requested Action by Commission: Ms. Barbara Ready is term limited as a board member on the Historic Resources Preservation Board and has requested that the City Commission consider her re -appointment. Explanation of Request: Ms. Barbara Ready, current Chair of the Historic Resources Preservation Board, has expressed interest in continuing to serve on the Board. However, she has completed two full terms of membership and is considered "term limited." The City's Code Section 27-2(h)(2) Term Limits states: "Upon completion of the maximum allowable two full terms of membership, no member shall be eligible for reappointment to the same advisory board, and committee for a period of one year unless otherwise approved by the Commission." I n accordance with the above provision, Ms. Ready has submitted the attached application and requests that the City Commission consider re -appointing her to the Historic Resources Preservation Board. 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 D ttaa::lhtirTIENI'lt Description f Esady, Barbara Page 334 of 946 Gibson, Crystal From: FIVEREADY <noreply@123formbuilder.com> Sent: Wednesday, April 13, 2022 4:50 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 04/13/2022 Name BARBARA READY Phone number Address Email Current occupation or, if retired, prior occupation Education 34001 Baez Bay BOYNTON BEACH fl 33436 United States FIVEREADY@AOL.COM retired, banking Are you a registered voter? Yes Do you reside within the No Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Education Advisory Board, Arts Commission, Historic Resources Pres Board when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Historic Resources Preservation Board If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications served as a volunteer in Boynton Beach since 1986. initiated the Historic Preservation Ad Hoc Committe that labored for eighteen months to formulate the HP Ordinance 1 Page 335 of 946 and HP Program as it exists today, First VP of BB Historical Society. instrumental in the saving of the Old High School which is now the Cultural Center Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 76.108.31.128 (United States) at 2022-04-13 15:50:23 on Chrome 100.0.4896.75 Entry ID: 536 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application Page 336 of 946 5.B. Administrative 5/17/2022 Requested Action by Commission: Annual appointment and reappointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: On March 31, 2022, several existing board members' terms have expired. The City Clerk's Office has received applications from those who are current board members seeking reappointment along with City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 337 of 946 Type Description DAttacftrTIENI'lt AppoiintirTIENnts aind Appicaints 05...17...2 DAttacftrTIENI'lt JC)SE)irTK..)ind, JOE) BL.Jlidiing Board of AdjUlstirTIE�Ilrlt & A�P�PE�,as DwAs, PENrIlIE)�1 CoirnirTILAII'lity D AttacftrTIENI'lt AgE)incy A6Asoiry Board D AttacNrTIENI'lt I lartirnainin, E�IgOiry CoirnirTILAII'lity AgE)incy A6Asoiry Board DAttacftrTIENI'lt MCQL.Jliir'E), COLArtaindt CoirnirTILAII'lity AgE)incy A6Asoiry Board DAttacftrTIENI'lt IROL.Jlindtir'E�'E), I E)Sha CoirnirTILAII'lity AgE)incy A6Asoiry Board DAttacftrTIENI'lt c l:C)L.Jlir'CE)S �Flir'E�ISE�lir'v,,..,.it1i(")ii'I SE)AOIII, Rhoinda I historiRE)S Board DAttacftrTIENI'lt Rairniccio, Thoirnas Raininiing aind DE)V(.)�opirTIENI'lt D AttacNrTIENI'lt dUl Floint, SLAzairill'IE) IREs,cir'Eaahoin air d Parks Board DAttacftrTIENI'lt (.....6" pir'E)SU),AEDU-Illldria IRE)Cir'Esahoin aind Parks Board DAttacftrTIENI'lt F'E)iir'C2l IROE) EizabE)thIREIKJ'Esahoin air d Parks Board Page 338 of 946 Appointments and Applicants for May 17, 2022 Building Board of Adjustments and Appeals II Hay Reg 2 yr term to 3/24 III Turkin Alt 1 yr term to 3/23 IV Kelley Alt 1 yr term to 3/23 Applicant: Josemond, Joe Community Redevelopment Agency Advisory Board II Hay Reg 2 yr term 3/24 Applicants: Davis, Pernell Hartmann, Gregory McQuire, Courtlandt Roundtree, Lesha Education and Youth Advisory Board III Turkin Alternate 1 yr term to 3/23 IV Kelley Student 1 yr term to 3/23 Mayor Penserga Student 1 yr term to 3/23 Applicants: None Historic Resources Preservation Board II Hay Reg 2 yr term to 3/24 III Turkin Reg 2 yr term to 3/24 IV Kelley Reg 2 yr term to 3/24 Mayor Penserga Alt 1 yr term to 3/23 Applicant: Sexton, Rhonda — Current alternate board member seeking to move up to regular board member Library Board IV Kelley Reg 2 yr term to 3/24 Mayor Penserga Alt 1 yr term to 3/23 1 Cruz Alt 1 yr term to 3/23 Applicants: None Planning & Development Board I Cruz Alt 1 yr term to 3/23 Applicant: Ramiccio, Thomas Recreation and Parks Board Page 339 of 946 Applicants Appointments and Applicants for May 17, 2022 Hay Reg 1 yr term to 3/24 du Pont, Suzanne Lopresto, Alexandria Pierce -Roe, Elizabeth - Current board member seeking reappointment for second term Senior Advisory Board I Cruz Reg 2 yr term to 3/24 11 Hay Alt 1 yr term to 3/23 III Turkin Alt 1 yr term to 3/23 Applicants: None Page 340 of 946 Stanzione, Tamm From: City Clerk Sent Monday, May 02, 2022 3I0 PM To: Staudone,Tammy Subject: FW: Advisory Board Appointment application From: 'osemond<nnrepk/@I2]fonnbui|der.com> Sent: Monday, May 2,2O2211:14AK4 To: City Clerk <City[|erk@bbfius> Subject: Advisory Board Appointment application Today's date 022 Name ]oe]osemnnd Phone number 561-543-8531 Address 2GONPALM DR Doyou ovvn/nnana�eabuy|n�ys Boynton Beach F|33435 ' within City limits? United States Email Current occupation or, if ,es City board? Administrative Associate retired, prior occupation Education MPA Are you a registered voter? Yes Doyou reside within the Yeo Boynton Beach City limits? Doyou ovvn/nnana�eabuy|n�ys ' within City limits? No |f"yem"/name ofbusiness: Are you currently serving ona ,es City board? Have you served on a City Yes board |nthe past? |f"yeu",which board(s)and , _� CRA advisory board. mm/en/ Have you ever been convicted No ofacrime? |f"yem"'when and where? N/A WON% OWN? Building Board ofAdjustment &Appeals 0 Page 341 of 946 if appointed bythe City Commission toserve amBoard No Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications Over 6 years in real estate, over 2 years in the public sector ( Public Works dept) At the moment currently working on my PMP certification. Professional Memberships Boynton Masonic Lodge No. 236 CRA Advisory Board Feel free boattach/upload an extra sheet orresume. 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 aboard. The message has been sent from 5[i237.191,l54(United States) at2O2Z{B-O21O:1l5OonChrome 1OI1).485l.41 Entry |D:543 Referrer: --- Form Host: Page 342 of 946 Stanzione, Tammy Fromm: City Clerk Sent: Wednesday, April O6, 20227�57AM To: 5tanzione,Tammy Subject: FW: Advisory Board Appointment application From: cnachpdavis<nonzpk/@128fonnbui|deccom> Sent: Tuesday, April 5, 2022 10:51 PK4 To: City Clerk <[ity[|erk@bbf|.us> Subject: Advisory Board Appointment application Education O22 PerneUDavis 561-662-2735 83ZNVV8th Ave Boynton Beach Florida 3342G United States Field Quality Manager IMEMMM Are you a registered voter? Yes Do you reside within the Y Boynton Beach City limits? Do you own/manage a business within City limits? Are you currently serving mna No City board? Have you served on City No board in the past? if "yes", which board(s) and when? Have you ever been convicted No of a crime? |f"yey",when and where? Advisory Board Community Redevelopment Agency Advisory Board 1 Page 343 of 946 Uappointed bythe City Commission toserve as Board Yes Chair orVice Chair are you willing toserve [mthis capacity? Personal Qualifications Professional Memberships Feel free toattach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from aboard, The message has been sent frum73.0.29.I1O(United States) at2O2Z04-0S21:51:21oniPhone1S.3 Entry ID: 5Z8 Referrer: ht Form Host: Page 344 of 946 Stanzione, Tamm From: City Clerk Sent Tuesday, May 1[\2O22]:59PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: 8regharts<norep|y@123fomohui|der.cVm> Sent: Tuesday, May 1O,2O329:3UAK4 To: City Clerk <CityC|erk@bbO.us> Subject: Advisory Board Appointment application Today's date Name Phone number Address mm Current occupation or, if retired, prior occupation Education OS/1A/JO2Z Gregory Hartmann 954-358-3236 1083SVV25PL Boynton Beach FL3342G United States Business owner some college Are you a registered voter? Yes D¢you reside within the ,es Boynton Beach City limits? Doyou own/manage abusiness Yes within City limits? if "yes", name of business: Modern Animal LLC Are you currently serving ona ,es City board? Have you served ona City ,es board inthe past? U"yes",which boardb)and board(s) Arts Advisory when? Have you ever been convicted No of a crime? |f"ves",when and where? Advisory Board Community Redevelopment Agency Advisory Board 0 Page 345 of 946 If appointed bythe City Commission toserve as Board ,es Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications Small business owner, community organizer, and local leader, I have owned a small business in the city for over 2 years, i study urban planning, and have a keen eye for projects that can make an impact in our city, Professional Memberships DB -PBA BB- Arts Advisory Board Feel free toattach/upload an extra sheet #rresume. 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 o board. The message has been sent from 73.205.11I.43 (United States) at 2022-05-10 08:29:40 on Safari 15] Entry |D:545 Form Host: Page 346 of 946 From: City Clerk Sent: Friday, March 25'ZO222:56 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: court <norep|y@123fonnbui|deccom> Sent: Friday, March 25,2OJ22:49PM To: City Clerk <[i1yOerk@bbfiva> Subject: Advisory Board Appointment application Today's date 03/25/2022 Name [ourt|andtK4cQuire Phone number Address 5O6WHISPERING PINES ROAD Boynton Beach BDYNT0NBEACH, FL3343SFL354B5 United States Email Current occupation or, if Advertising and marketing retired, prior occupation Education 8AUniv ofKansas Are you aregistered voter? Yes Doyou reside within the ,es Boynton Beach City limits? Doyou own/manage a business Yes within City limits? )f"yem",name mfbusiness: Red Bar Integrated Marketing Are you currently serving on o No City board? Have you served on City Yes board in the past? if"yes",which board(s\�nd board(s) Chair ofthe Arts Advisory Board hom2O17-March 2OZ2 when? Have you ever been convicted No of crime? |f"yes",when and where? Advisory Board Community Redevelopment Agency Advisory Board 0 Page 347 of 946 if appointed by the City Commission boserve asBoard Yes Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications I have experience in land development, retail and tourism. As the President of an Advertising Agency for the past 27years. | have deep knowledge ofmany silos of industry and I feel this experience is needed for our community at this time. Thanks for your consideration. Professional Memberships Former candidate for City Commissioner Licensed Foster Parent Former Chairman for the Arts Advisory Board Feel free toattach/upload an extra sheet orresume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false staterrients may be Cause for removal from aboard, The message has been sent from 73.46.672Q5(United States) at2U2Z-08-25I3:49:O1onChrome 89.U.4844.O3 Entry ID: 524 Form Host: lit p5_'j I Page 348 of 946 Stanzione, Tammy From: City Clerk Sent: Thursday, March 1{l2O2211:06AM To: Staudone,Tommy Subject: FW: Advisory Board Appointment application From: |esharoundtreel1<nonepk/@123fonnbui|deccom> Sent: Thursday, March 1O,2QZ21O:38Ak4 To: City Clerk <CityOerk@bbfl.us> Subject: Advisory Board Appointment application Today's date Name Phone number Address Education O3/18/202Z LeohaRoundt/ee 561-577-6023 805 N.E2nd C1 Boynton Beach Florida 3343G United States Edcator Do you reside within the Y Boynton Beach City limits? Do you own/manage a business. within City limits? 11 if"ves',name ofbusiness: Are you current' �serving ona No City board? Have you served mna Cho ,es board inthe past? |f"yeo",which bmard(s)and Education Advisory Board when? Library Advisory Board Parks and Recreation Board Community Relations Board Have you ever been convicted No of a crime? if "yes", when and where? U Page 349 of 946 Advisory Board Community Redevelopment Agency Advisory Board |fappointed bxthe City Commission toserve as Board Yes Chair orVice Chair are you willing tpserve inthis capacity? Personal Qualifications Asseen above, |anncommitted tomoving Boynton beach Forward. Not only by speaking but also involvernent in several cornmunity boards. I attend board meetings regularly and I have a great grasp on the purpose and mission of the CRA. Upon my retune horne I immediately got involved and volunteered in several charrettes, activities and community input. I arn knowledgeable in the program the CRA offers and have been an advocate for community members to participate to improve the blight in the CRA area. Professional Memberships Feel free toattach/upload an extra sheet or resume. Certification L the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from aboard. The message has been sent from IG5,1812I,125(United States) at2OZZ-O3-1O1U:33:l4on[hrome98.O.475&.1I9 Entry ID: 5l7 Referrer: Form Host: Page 350 of 946 Fromm: City Clerk Sent Monday, May 02, 2022 8:01 AM To: 5tanzioneTamnoy Subject: FW: Advisory Board Appointment application From: sextonrhonda<norepk/@12Jfomnbui|der.com> Sent: Saturday, April 3O,ZO2Z11:OOAM To: City Clerk <CityOerk@bbflus> Subject: Advisory Board Appointment application Today's date 04/28/2022 Name Rhonda Sexton Phone number 661-445-0660 Address 2439SVV35thAve. Delray Beach FL33445 United States Email Current occupation or, if _^._^ _____^__ general contractor ��/r�o,pooroccup�oon Education 8A Housing and Interior Design Univ. of Kentucky Are you oregistered voter? Yes Doyou reside within the No Boynton Beach City limits? Doyou om/m/rnanage�bu�in��s ' No within City limits? |f"yem",name ofbusiness: Are you currently serving ona ,es City board? Have you served onaCity Yes board in the past? if"yes",which boand(s)and Historic Resource Board Alternate board member when? Have you ever been convicted No ofacrime? |f"yes",when and where? Historic Resources Preservation Board A Page 351 of 946 If appointed bythe City Commission toserve as Board ,es Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications I am a general contractor (CGC1516520) and have rehabbed six homes in Boynton Beach, Delray Beach and Lake Worth over 65 years of age. One home is located at 324 NVV1st Ave inBoynton and itisdated asbeing built in1925. 1 am also serving on the non for profit, Delray Beach Preservation Trust executive board for the last several years aathe secretary. | have a passion for saving and preserving our historic properties and feel that they eLiU contribute tothe very fabric ofour town. Thank you for your consideration, Rhonda Sexton Professional Memberships Delray Beach Preservation Trust executive board, Feel free toattach/upload an extra sheet orresume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 9Q.Z54.1DS.111(United States) at2O22-04-3O1Ol0:26onChrome 1OO.O.4896.127 Entry ID: 542 Page 352 of 946 From: tramiccio<norep|y@1Z]fonnbuOder.com> Sent: Saturday, March 19,20226:04AK4 To: City Clerk Subject: Advisory Board Appointment application Today's date 03/09/2022 Name Thoma Ramiccio Phone number 561-386-7812 Address 4DG5TrovitaBlvd Boynton Beach F|33436 United States Email tramiccio@ao|znm Cunentoccu��don��� ^ Retired chamber ofCommerce Executive, mayor retired, prior occupation Education Lake Worth High, graduate, Goaldcoast Realestate School, Graduate Advanced Institute ofGovernment RU Are you a registered voter? Yes Do you reside within the Y Boynton Beach City limits? Do you own/manage a business,,i within City limits? Are you currently serving on a Yes City board? Have you served ona City ,es board |nthe past? |f"yes" which ' board(s) Planning board, historic board when? Have you ever been convicted No ofacrime? |f"yes",when and where? Advisory Board Planning & Development Board if appointed by the City Commission toserve asBoard ,es Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications Former Mayor, city commissioner, vice mayor, Planning board chairman 1 Page 353 of 946 Former businessman Charnber of Commerce Executive Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements rnay be cause for removal from a board. The messagehas been sent from 7]11O4.131(United States) atZO22�Z}1905iB5IonSafari IS.3 Entry ID: SZZ Referrer: Form Host: Page 354 of 946 Stanzione, Tammy From: City Clerk Sent: Wednesday, April 27.2O2Z2:OO PM To: Stanzimne,Tammy Subject: FW: Advisory Board Appointment application Attachments: Suzanne-resurne.docx Fnmnm;suzannedupontlill�fl'bmep|y@123fmnnbui|derzom> Sent: Wednesday, April 27,2OZ212:OQPM To: City Clerk <City[|erk@bbO.us> Subject: Advisory Board Appointment application Today's date 04/27/2022 ` Name � ' _� SUZANNE du Pont ' Phone number 610-506-1159 Address 625Casa Loma Blvd Unit 14U8 Boynton Beach FL33435 United States Erna|| Current occupation � retired. formerly: VP of nationwide childcare franchise, play therapist, child advocate, teacher. or, |fretired, prior childcare center director occupation Education B.S. in early childhood and elementary education Are you o registered ,es voter? Do you reside within the Boynton Beach Yes City limits? Doyou own/manage abusiness within City No If "yes", name of business: Are you currently serving onaCity No Have you served ona City board inthe No If "yes", which board(s) and when? 1 Page 355 of 946 Have you ever been No convicted of a crime? If "yes", when and where? Recreation & Parks Boani Uappointed bythe City Commission to serve as Board Chair Yes orVice Chair are you willing toserve inthis capacity? Personal Qualifications See Resume Professional Florida Certified Child Advocate Manager Memberships Feel free bo attach/up|oadan extra sheet or resume. Certification 1, 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 komZO6214.1Z8,Z44(United States) at2O2Z-04-Z71l:08:06onChrome 1OO.O.4896.127 Entry ID: 541 Referrer: htt FonnHost: 19 Page 356 of 946 Stanzione, Tamm From: City Clerk Sent Thursday, April 21.2O22326PK4 To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application Attachments: A|i_Lopresto_Resume_2021.docx From: am|9889<norep|y@123fonnbui|der.com> Sent: Thursday, April 21,2O2J2:47PK4 To: City Clerk <City[|erk@bbM.us> Subject: Advisory Board Appointment application Today's date 04/21/2022 Name Alexandria Lupres o Phone number 561-704-1718 Address 570SVV251hAve Boynton Beach Florida 33435 United States Email aml9s8a@yg�QO�com Current occupation or, if retired, prior Medical Sales Representative occupation Education Bachelor's Hospitality Management & Minor in Public Relations Are you aregistered ,es Doyou reside within the Boynton Beach Yes City limits? Doyou own/manage a business within City No If "yes", name of business: Are you currently serving ona City No Have you served on a No City board in the past'? if "yes", which board(s) and when? 1 Page 357 of 946 Have you ever been Yes convicted of a crime? |f"yes",when and 2OO9-DUI Seminole County if appointed by the City Commission to serve as Board Chair or ,es Vice Chair are you willing to serve in this Personal Qualifications I am looking to get involved with the City that I was raised in and thought by joining one of the advisory boards that would be a great start, I am a very successful medical sales representative and currently work lnthe hospital setting calling on Neurosurgeons and Pediatric Endocrinologists. I served on the Delray Beach Youth Council in High school and several clubs in college at Florida International University. I love to attend the events in downtown Boynton Beach and feel with the new development on the horizon it would be great to get involved now. I also am involved in the Boat Parade and would love to get involved in more planning of events in our city. Professional Memberships Feel free to attach/upload anextra sheet or resume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from aboard. The message has been sent from 99J1.174.148(United States) atZO22-042113:46:3lunChrome 1OO.[i4896.75 Entry ID: S38 Referrer: Form Host: Page 358 of 946 Alexandria M. Lopresto Cell phone: 561-704-1718 578 SW 25h Ave Boynton Beach, FL 33435 AML9889gyahoo.com Education Florida International University, Miami, Fl Bachelor of Science in Hospitality Management, Minor in Global Communications Graduated May 2013 GPA: 3.0 Work Experience Arbor Pharmaceuticals- South Florida March 2020 -Present Hospital Sales Representative- Neurosurgery/Oncology/Biologic Injectables • Sales and Marketing for three branded pharmaceutical products (Gliadel, Triptodur & Nymalize) • Call points include Neurosurgeons, Neuor-oncologists, Hospitals, ICU, Pediatric Endocrinologists, Nursing Staff, Pharmacy Buyers and Clinical Nurse Educators. • Presidents Club 2020- Winner ranked 2"d in the nation • Arbor Star Award 2020 Bio Delivery Sciences- West Palm Beach, Florida March 2019- March 2020 Territory Manager • Sales and Marketing for two branded pharmaceutical products (Belbuca & Symproic) • Call points included Pain Management, Internal Medicine and Neurology. • Created strong relationships with Pain management practices in my territory to grow the baseline of Belbuca films. • Educated physicians and staff on clinical benefits of both branded products as well as assisted with managed care pull through and prior authorizations. • My first full quarter with BDSI (Q2 2019) I exceeded volume for TRx in any previous quarter in the history of the territory. • Managed a territory with the geography of Boca Raton to Vero Beach. Pernix Therapeutics —West Palm Beach, Florida October 2014 -February 2019 Pharmaceutical Specialty Sales Representative • Sales and Marketing of four Branded Pharmaceutical Drugs (Zohydro ER, Silenor, Treximet, Khedezla) to Physicians in the following specialty fields: Internal Medicine, Psychiatry, Primary Care & Neurologists. • Analyzed call and sales reports to establish more efficient and effective strategy • Persuasive communication and interpersonal skills, adept with developing strong and successful relationships with clients • Able to communicate scientific data clearly and concisely to all audiences, including MAs, nurses, nurse practitioners and physicians • Held a 10+ call per day schedule with pharmacy visits • Exceeded quarterly sales goals and demonstrated product growth within my territory • Four quarters in a row exceeded goal of 100% to plan on all three products • Since joining Pernix have held 30'x' in the company or better on national sales rankings based off a sales force of 200 reps Page 359 of 946 • FY 2017- Ranked 422 out 78 reps in the company • FY 2016- Ranked 46 out of 34 reps in the company • FY 2015- Ranked 429 out 200 reps in the company • Consistently grew sales through account management for four products in the specialties of Internal Medicine, Pain Management, Primary Care & Neurology. • Managed a territory from North Fort Lauderdale to Titusville, Florida. • Member of the Pernix Advisory Council, a board comprised of 12 employees selected by the CEO to represent different areas of the company at quarterly meetings. Pronova Corporation — Broward & Palm Beach County, Florida July 2013 -October 2014 Territory Manager • Sales and Marketing of four Branded Pharmaceutical Drugs (Hemax, Obtrex, Obtrex DHA, Digex NF) to Physicians in the following Specialty fields: OB/GYN, Hematology/Oncology, Gastroenterology & Nephrology • Analyzed call and sales reports to establish more efficient and effective strategy • Persuasive communication and interpersonal skills, adept with developing strong and successful relationships with clients • Able to communicate scientific data clearly and concisely to all audiences, including MAs, nurses, nurse practitioners and physicians • FY 2013 -Ranked 42 out of 25 Reps in the company • FY 2014 -Ranked 42 out of 25 Reps in the company • Held a 10+ call per day schedule with pharmacy visits • Exceeded quarterly and yearly sales goals and demonstrated product growth within my territory • Consistently grew sales in four products in the specialties of OB/GYN, Hematology/Oncology, Gastroenterology, and Nephrology • Held and maintained the second largest territory within Pronova Corporation The Patton Group- Miami, Florida Fashion/Event Production PR Intern • Event Production- Various Clients- Fashion's Night Out • Wrote press releases and pitch letters • Created Media Kits, Time and Actions, Press clippings for clients • Attended client events • Worked Check In and Guest Lists for Client Events • Media Alerts Community Service & Leadership Roles President Delray Beach Youth Council, 2006-2008 Soccer Buddy/ Captain, Boca Raton Top Soccer Association, 2006- Present Team Captain, Atlantic Community High School Women's Golf Team, 2004-2008 Page 360 of 946 Stanzione, Tammy From: mzup|eabuckshunt |ub<noneply@1236onnbui|deccom> Sent: Tuesday, April 19\2O2211:37AK4 To: City Clerk Subject: Advisory Board Appointment application Today's date 04/19/2022 Name Elizabeth (8etty)Pierce-Roe Phone number 561-436-8420 Address 637Oak G1 Boynton Beach FL3343S United States Current occupation or, if FL Realtor retired, prior occupation Education BA Business Admin -Sports Management Are you a registered voter? Yes Doyou reside within the ,es Boynton Beach City limits? Dmyou own/manage abusiness No within City limits? if "yes", name of business: Are you currently serving ona ,ea City board? Have you served onaCity Yes board |nthe past? |f"yes",which boand(d�nd board(s) Rec8'Parks -Currently for 2Gyrs when? Have you ever been convicted No of a crime? if "yes", when and where? Advisory Board Recreation & Parks Board if appointed by the City Commission toserve as Board Yes Chair orVice Chair are you willing to serve in this capacity? Personal Qualifications | Have been a resident ofthe City ofBoynton Beach For 36yrs. I graduated from State University of NY Brockport with a degree in Business Admin with an emphasis in Sports Management. In college I started on the varsity field 1 Page 361 of 946 hockey team for 4 years and participated in many other sports and till this day still is involved insports aswell hunting & fishing. | have been involved with The city for several years as a board member of The Recreation and Parks advisory Board for 25 yrs as a Regular board Member, Chair & currently Vice Chair. I love the city of Boynton Beach and am excited to give my input when it comes to the Parks 8'programs the city offers. Professional Memberships Director of Inlet Cove Association in east Boynton Beach.(W.S. Shepard) Licensed Realtor with the State of Florida (National Realtors Association) Certified |nRental Management inthe state ofFlorida. Feel free toattach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a boa/d. The message has been sent from 99.1O5.42]DU(United States) atZO22{4-I9lO:36:44onChrome lU0.0.4896.88 Entry ID: 537 Referrer: FonnHost: Page 362 of 946 Consent Agenda 5/17/2022 Requested Action by Commission: Proposed Resolution No. R22-064 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event on Monday, July 4, 2022. Proposed Resolution No. R22-065 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and 3301 Quantum Owner LLC for the 4th of J my event on Monday, J my 4, 2022. Proposed Resolution No. R22-066 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and BB1 Development LLC for the 4th of J my event on Monday, J my 4, 2022. Explanation of Request: The City has received permission from the property owners to utilize the following properties to provide free public parking for 4th of July event attendees: • Journey Church - 715 S. Federal Highway • 3301 Quantum Owner LLC - 3301 Quantum Boulevard • BB1 Development LLC - 222 N. Federal Highway Attendees will have the option to park remotely in one of these lots that will be monitored by security and utilize free bus shuttle services to and from the event provided by the City of Boynton Beach's transportation vendor during the duration of the 4th of July event on Monday, July 4, 2022. How will this affect city programs or services? Parking is very limited at Intracoastal Park and these agreements provide additional parking options for those that would like to attend the 4th of J my event. Fiscal Impact: There is no cost related to the temporary use of these properties for the 4th of July event to be held on Monday, July 4, 2022. Alternatives: Not approve the land use agreements between the City of Boynton Beach and the three properties. Strategic Plan: Transportation and Mobility Strategic Plan Application: Identifying and promoting additional public parking opportunities during large City events allows more individuals to attend events. Free bus transportation to and from the 4th of July event will be provided by the City. Climate Action Application: Page 363 of 946 Is this a grant? Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D IRE)S()l� LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D IRE)S()ll LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t Description RE)SOkAboin appiroviing I aind L. SE: Agir'E)E)irTlE)l['lt with JC)L.Jlir'l['lE)y Ch Ulrch for 4th Of JLAy E)VENI'lt Ipairlkiirg 1.....a ind L.JSE,Agir'EsE)irTlE)l['lt (JC)L.Jlir'l['lEsy ChUlrch) RE)SOkAboin appiroviing I aing L.JSE,Agir'EsEsirTIEsll'Itwiitlh 3301 QUiall'ItUlirn OwnE)r, I . I . C 1.....a ind LJSE�,AgrE�1ENrYIENI'lt (3301 QUiall'ItUliryl) RE)SOkAboin appiroviing I aind L.JSE,Agir'EsEsirTIEsll'Itwiitlh &B1IC:: E)VE)lopirTIENI'lt I . I C 1.....a ind LJSE�, Agir'EsE)irTIENI'it (BIC: 1IC:: E)VE)lopirTIENI'lt 11.....11.....10 Page 364 of 946 1 RESOLUTION NO. R22- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN A LAND USE AGREEMENT WITH JOURNEY 7 COMMUNITY CHURCH, INC., FOR THE 4TH OF JULY EVENT TO 8 BE HELD JULY 4,2022; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the Journey Community Church, Inc., property as 12 a public parking option during the Annual 4th July Holiday event on July 4, 2022; and 13 WHEREAS, parking is limited and this site will provide an alternative for public 14 parking during the event; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 18 and Journey Community Church, Inc., for the 4th of July event to be held July 4th 2022. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission hereby approves and authorizes the Mayor to 25 sign a Land Use Agreement between the City of Boynton Beach and Journey Community 26 Church, Inc., for the 4th of July Annual Event to be held July 4, 2022. A copy of the Agreement 27 is attached hereto as Exhibit "A." 28 Section 3. This Resolution shall become effective immediately upon passage. ce S:ACA\RESO\Agreements\Land Use Agreement with Journey Church for July 4th 2022 - Reso.docx Page 365 of 946 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PASSED AND ADOPTED this 17th day of May, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penerga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Land Use Agreement with Journey Church for July 4th 2022 - Reso.docx YES NO Page 366 of 946 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this day of , 2022, by and between the City of Boynton Beach ("City") and Journey Community Church Inc., its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 715 S. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-00-000-5030), (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on Monday, July 4, 2022 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result in a defect in the property, Owner's failure to maintain the property, and any and all other conditions which are the Property Owner's responsibility, and which cause an injury to any guest, invitee, or third party on the Property. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and contractors, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. Page 1 of 5 Page 367 of 946 d. The City shall also be responsible for its own negligence. e. To the extent permitted bylaw, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. This Agreement shall expire on Tuesday, July 5, 2022 at 6:OOpm. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. 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. Page 2 of 5 Page 368 of 946 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: City Clerk (SEAL) Approved as to form: James A. Cherof, City Attorney ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF CITY OF BOYNTON BEACH in Print Name: TY PENSERGA Title: MAYOR JOURNEY COMMUNITY CHURCH, INC. : Print Name: Title: The foregoing instrument was acknowledged before me by means of [—] physical presence or [� online notarization this day of , 2022, by as for Journey Community Church, Inc. (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced Page 3 of 5 Page 369 of 946 Vvhihit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on Monday, July 4, 2022. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between Friday, July 1 and Tuesday, July 5, 2022, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights and event parking signs on the Property for the Event. Page 4 of 5 Page 370 of 946 Page 5 of 5 Page 371 of 946 1 RESOLUTION NO. R22- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN A LAND USE AGREEMENT WITH 3301 QUANTUM 7 OWNER, LLC., FOR THE 4TH OF JULY EVENT TO BE HELD 8 JULY 4,2022; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the 3301 Quantum Owner, LLC., property as a 12 public parking option during the Annual 4th July Holiday event on July 4, 2022; and 13 WHEREAS, parking is limited and this site will provide an alternative for public 14 parking during the event; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 18 and 3301 Quantum Owner, LLC., for the 4th of July event to be held July 4th 2022. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission hereby approves and authorizes the Mayor to 25 sign a Land Use Agreement between the City of Boynton Beach and 3301 Quantum Owner, 26 LLC., for the 4th of July Annual Event to be held July 4, 2022. A copy of the Agreement is 27 attached hereto as Exhibit "A." 28 Section 3. This Resolution shall become effective immediately upon passage. ce S:ACA\RESO\Agreements\Land Use Agreement with 3301 Quantiun Owner LLC for July 4th 2022 - Reso.docx Page 372 of 946 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PASSED AND ADOPTED this 17th day of May, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penerga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Land Use Agreement with 3301 Quantiun Owner LLC for July 4th 2022 - Reso.docx YES NO Page 373 of 946 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this day of , 2022, by and between the City of Boynton Beach ("City") and 3301 Quantum Owner LLC its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 3301 Quantum Blvd, Boynton Beach, FL 33426 (Parcel Number: 08-43-45-17-07-000-0120), (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on Monday, July 4, 2022 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result in a defect in the property, Owner's failure to maintain the property, and any and all other conditions which are the Property Owner's responsibility, and which cause an injury to any guest, invitee, or third party on Property. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and contractors, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. Page 1 of 5 Page 374 of 946 d. The City shall also be responsible for its own negligence. e. To the extent permitted bylaw, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. This Agreement shall expire on Tuesday, July 5, 2022 at 6:OOpm. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. 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. Page 2 of 5 Page 375 of 946 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF BOYNTON BEACH in Print Name: TY PENSERGA Crystal Gibson, MMC City Clerk Title: MAYOR (SEAL) Approved as to form: James A. Cherof, City Attorney ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF 3301 Quantum Owner LLC By: Print Name: Title: The foregoing instrument was acknowledged before me by means of [—] physical presence or [� online notarization this day of , 2022, by as for 3301 Quantum Owner LLC. (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced Page 3 of 5 Page 376 of 946 Vvhihit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on Monday, July 4, 2022. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between Friday, July 1 and Tuesday, July 5, 2022, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights and event parking signs on the Property for the Event. Page 4 of 5 Page 377 of 946 AP01216,2022 11,257 Page 5 of 5 ID Q 017 5 0 D35 a 07 Vnfwaq 10 003 0, ciel 0, � 2 km Page 378 of 946 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 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE AGREEMENT WITH BB1 Development, LLC., FOR THE 4TH OF JULY EVENT TO BE HELD JULY 4,2022; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City plans to use the BB 1 Development, LLC., property as a public parking option during the Annual 4th July Holiday event on July 4, 2022; and WHEREAS, parking is limited and this site will provide an alternative for public parking during the event; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach and BB 1 Development, LLC., for the 4th of July event to be held July 4th 2022. 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. Section 2. The City Commission hereby approves and authorizes the Mayor to sign a Land Use Agreement between the City of Boynton Beach and BB Development, LLC., for the 4th of July Annual Event to be held July 4, 2022. A copy of the Agreement is attached 27 hereto as Exhibit "A." 28 Section 3. This Resolution shall become effective immediately upon passage. ce S:ACA\RESO\Agreements\Land Use Agreement with BB 1 Development LLC for July 4th 2022 - Reso.docx Page 379 of 946 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PASSED AND ADOPTED this 17th day of May, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penerga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Land Use Agreement with BB 1 Development LLC for July 4th 2022 - Reso.docx YES NO Page 380 of 946 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this day of , 2022, by and between the City of Boynton Beach ("City") and BBI Development LLC its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 114 N. Federal Highway, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-01-000-0410) and 222 N. Federal Highway, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-02-000-0010) , (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on Monday, July 4, 2022 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result in a defect in the property, Owner's failure to maintain the property, and any and all other conditions which are the Property Owner's responsibility, and which cause an injury to any guest, invitee, or third party on Property. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and contractors, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. Page 1 of 6 Page 381 of 946 d. The City shall also be responsible for its own negligence. e. To the extent permitted bylaw, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. This Agreement shall expire on Tuesday, July 5, 2022 at 6:OOpm. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. 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 Page 2 of 6 Page 382 of 946 287.135, Florida Statutes, as amended from time to time. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF BOYNTON BEACH Print Name: TY PENSERGA Crystal Gibson, MMC City Clerk Title: MAYOR (SEAL) Approved as to form: James A. Cherof, City Attorney ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF BB1 Development LLC By: Print Name: Title: The foregoing instrument was acknowledged before me by means of [—] physical presence or [� online notarization this day of , 2022, by as for BB Development LLC. (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced Page 3 of 6 Page 383 of 946 Vvhihit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on Monday, July 4, 2022. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between Friday, July 1 and Tuesday, July 5, 2022, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights and event parking signs on the Property for the Event. Page 4 of 6 Page 384 of 946 I 1 1, Jill l�,6111 -- p��I 11 FW - I lia MITI' I ''I May 3, 2022 '1 A, 1128 0 011,0075 010,15 (D 03 Pimt 0 , D 15 003 0 016 urt Page 5 of 6 Page 385 of 946 III III III llll� !��Ijlj 11 May 3, 222 1:°1 '128 0 C 0�0 75, 0 0 15 0,03 rnii:,. Q a 015 D 03 BBV 06 ikaI Page 6 of 6 Page 386 of 946 Consent Agenda 5/17/2022 Requested Action by Commission: Proposed Resolution No. R22-067 -Accept EMS grant funds from Palm Beach County for fiscal year 2021-2022 and authorize the Interim City Manager to sign the Grant Agreement. Explanation of Request: This grant agreement authorizes reimbursement to the City for up to $23,421 for the purchase of new trauma bags with equipment (Stat Packs). The Department of Health, Bureau of Emergency Medical Services is authorized by Chapter 401, part 11, Florida Statutes, to dispense pre -hospital emergency medical services grant funds ("EMS Grant") throughout the State to improve and expand pre -hospital emergency medical services. 45% of EMS Grant funds are divided among the counties to be used by each county for its EMS needs including using the EMS Grant funds for reimbursement of expenditures of licensed emergency medical service providers. The City of Boynton Beach has requested the County to disburse a portion of the FY2021-2022 EMS Grant funds to reimburse for its purchase of 18 Stat Packs. How will this affect city programs or services? The equipment currently in use by the Department is antiquated and in need of replacement. The new Stat packs are ergonomically designed and organized for easier access, faster deployment and to reduce firefighter injury. This equipment helps in providing quicker lifesaving intervention for the Boynton Beach community and surrounding municipalities in need. Fiscal Impact: Palm Beach County provides the full reimbursement for the cost of the equipment. Alternatives: N/A Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: The Stat packs enhance public health and safety and contribute to the City being a high performing organization by reducing first responder injury and facilitating faster intervention during emergency situations. Climate Action Application: N/A Is this a grant? Yes Grant Amount: $23,621.40 Page 387 of 946 Attachments: Type D IRE)S()l� LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t Description IRE)SOkAboin appiroviing II II.....A with FIBC for EMS ('34'aint fUlinds (Stat Flaclks) IF:::Y2021 2022 EMS ()ir'aii'itAgir'EsEsirTIEsll'It Page 388 of 946 I RESOLUTION NO. R22- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AN INTERLOCAL 4 AGREEMENT WITH PALM BEACH COUNTY FOR AN EMS GRANT TO 5 BOYNTON BEACH FIRE RESCUE IN AN AMOUNT NOT TO EXCEED 6 $23,621.40 TO REIMBURSE THE CITY FOR ITS PURCHASE OF EIGHTEEN (18) 7 STAT PACKS — TRAUMA BAGS WITH EQUIPMENT; AND PROVIDING AN 8 EFFECTIVE DATE. 1 10 WHEREAS, the Department of Health, Bureau of Emergency Medical Services is authorized 11 by Chapter 401, Part II, Florida Statutes, to dispense pre -hospital emergency medical services 12 grant funds (EMS Grant) throughout the State to improve and expand pre -hospital emergency 13 medical services; and 14 WHEREAS, forty-five percent (45%) of EMS Grant funds are divided among the counties 15 to be used by each county for its EMS needs including the EMS Grant funds for reimbursement or 16 expenditures of licensed emergency medical service providers; and 17 WHEREAS, Boynton Beach Fire Rescue was awarded an EMS (Emergency Medical Services) 18 grant for the purchase of new Stat Packs which are ergonomically designed and organized for 19 easier access, faster deployment and to reduce firefighter injury; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve and 22 authorize the Interim City Manager to sign an Interlocal Agreement with Palm Beach County for 23 an EMS Grant to Boynton Beach Fire Rescue in an amount not to exceed $23,621.40 to reimburse 24 the City for its purchase of Eighteen (18) Stat Packs — trauma bags with equipment. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. S:ACA\RESO\Agreements\ILA With PBC For EMS Grant (Sial Packs) - Reso.Docx Page 389 of 946 29 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 30 approve and authorize the Interim City Manager to sign an Interlocal Agreement with Palm Beach 31 County for an EMS Grant to Boynton Beach Fire Rescue in an amount not to exceed $23,621.40 to 32 reimburse the City for its purchase of Eighteen (18) Stat Packs — trauma bags with equipment. A 33 copy of the Interlocal Agreement is attached hereto as Exhibit "A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 17th day of May, 2022. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor — Ty Penserga 41 42 Vice Mayor — Angela Cruz 43 44 Commissioner — Woodrow L. Hay 45 46 Commissioner — Thomas Turkin 47 48 Commissioner—Aimee Kelley 49 50 VOTE 51 ATTEST: 52 53 54 55 Crystal Gibson, MMC 56 City Clerk 57 58 59 (Corporate Seal) S:ACA\RESO\Agreements\ILA With PBC For EMS Grant (Sial Packs) - Reso.Docx Page 390 of 946 ACREEMENT Nvith CITYOF BOYNTON BEACH FOR EMS GRANT FUNDS 4111S is rnade as ofthe day of --- ------------- - .2022. by and between tile Board 0 f COUll [y' Corniiiissioners, 11ahn Beach ('ountN. a political wale -division of the State of Florida (herein ref:i:rrecl to as -COUNTY-). and the Ci", of Boynton Beach, a niunicipal corporation ofthe State offlorida (herein rel -'erred to as -kltJNK_'lPAl'l-l"Y- WITNESSETH WHEREAS. the Departnient of Health. Bureau, of Emergency [Medical Services (--DOI-IFMS*') is authorized by Chapter 401. Part It. Florida Statutes. to dispense pre -hospital ernerj,,.,encv medical services grant funds rEMS (irant") thrOU91101.1t tile State to improve and expand pre -hospital ernergency rnedical services., and WHEREAS, Forty-five percent (45%) of [-:NIS Grant I'Linds are divided arriong the COLIAlties to be used bv each county fior its Ll."MS needs inClUdino usini,, t ie FNIS Grant funds for rein-lbursenlent, or expenditures of licensed emergency rnedical service providers, and WHEREAS, the N/lUNK.'lPAJ,FFY has requested the I (A.-INTY disburse a portion of the FY2021-2022 t -MS Grant funds to reirnbUrSe the MUNICII)AtTIA' leer its purchase cif` 18 Stat Packs - trauma bags Nvith equipment (together "IVIS LqUipnient-)and C - WHEREAS. the N/11-11NICII)AI-ITY agrees to accept said relinburserrient 66r ENJS F'qUiprnerlt g Linder the terms and conditions of the 1.�NIS Grant and this AgIrcernent. Nw,N. therefore. in consideration Of the mutual promises contained herein. (.'OUNTY and NJUNICIPAI-11"IN agree as follokks: ARTICLE I - RECITALS 'I lie above recitals, are true, correct and incorporated herein. ARTICLE 2 - ILEI RESENTATIVE/NIONITORING POSITION "lie Ot N]"Y"S , r resentative/Aurcerrient neon for during the terni ofthi shall be , ep I is Agreerrient Lynette Scliurter, %Nhose telephone 111111iber is 561-712-(a64 Fhe Ml IN representativel/contact rrionitor durin=g the terill ofthe A�reernent shall he Jarvis 1)rince,Mhose telephone IlUrriber is 561-74-2-6-3,17. ARTICLE 3 - REIMBURSMEET CSF MUNICIPALITY The ('01INTY agrees to refs-rIP ibUrse the Mf-INWAITIN for MUNWIPAITIA' purchased [".MS Z-1 1�,quiprnerit froni the (-'OUINTY'S FY2021-2022 FNIS (Ji -ant ftirlds in <ua amount not to exceed twenty three thousand six hundred twenty one doliars and forty cents (S23,621.40) The Page I cal* 6 Page 391 of 946 MUNICIPAUTY shall purchase tile LIMS LLILlipuleul and SUbmit the reClUired purchase d0CUmenU,Lt10n t(.)i- reirnbUrsernent (referenced in Article - 4) to the COUNTY Representative at least ninety (90) days bel'ore the expiration of the FY'021-2022 ENIS Grant. Approved dOCLIMCIltatiOn ill be processed by the County Finance Department for payment to the NI U'NK IP.,ALITY. AR,rl(.'LE 4 - GRANT PROGRAM REQUI REMENTS MUNICIPALITY SHALL :N Comply Frith general requirements ot'COUNTY and the conditions ofthe FATS Grant. B. Submit to the C()UNTY Representative oil or betbre January 31, 21023 copies ol'paid receipts. invoices. or other documentation acceptable to the Palm Beach Count\ Fin.111CC I)CP1.111jr17lent to establish that I"NIS FqUipillent was purchased by the Nit MCAII,AIATY C Immediately return the purchased I: IS Equipment to the COLINTY should the MUNICIPALITY cease to operate its pre -hospital enj,Cj_gCjlC\r medical services during the life of the FMS EqUipilient, D. `Submit a trainino report to the COUNTY'S Division of I :fnergencv NIana�cnlent to Include a, sion in sheet, date. title and contact. number of" the persons trained in use and operation of' the EMS Equipment if applicable. kith 90 days ofthe effective date of this A -regiment. J his report shall include all ofthe necessary training pro\ Ided for the EMS Fquipnient. It is the responsibifitN ot' the NIUNICIPALT"I"Y purchasim, the L"NIS L'cluipment to pro\ide the training. Fhe MUNICIPALITY'S failure to satisi'actorily coillplete the training in the timeframe provided shall constitute a material breach ol'Agreernent. As Such, COUNTY nia.\ terminate this <Agrecrilent and de"MS, Equipmentdemand return Of tile F ARTICLE 5 — LIABILITY Each party , to this A-reenient shall be liable f6r its own 'actions and negligence. Fo the extent permitted by larr. and solel,, r,,%ithin the limits established by Section 768,28. Florida Statutes. tile MUNK.."[PALITY agrees to lndcmnif�. defend and [told harmless the COUNTY against any actions. claims demands, costs car damages arising out ofthe M UIN I(' IF',ALITY'S use, Care and/or maintenance ofthe L',MS f.'qUipment. This prorision does nott constitute consent ofelther party to be sued bN 1 -lard parties and is not to he construed as a kvair er of either Party "s sovereign I'millunity, ARTICLL 6 - AVAIL2-XBILITY OF FUNDS 'I he C()UNTY'S perfort-riance and obligati011 Under this A,,reement. irICIUCIHIg to reillIbLU-SC the NILM(AP2U.11 Y under this Agreement_ are contmoent upon an annual budgetary appropriation for the purposes hereunder and the availability of IFY2021-2022 I.,"MS Grant funds. Om-,olng costs for EIMS Equipment InClUding. but 110t limited to, operatiOn, use,. maintenance and replacement. is the. responsibility ofthe MI NICIP,ALITY and rrill not be I'Linded under this Aoreernent or the FMS Grant program. ARTIC `LE: 7 — REMEDIES "his Aoreerrient shall be governed by the IaNvs ofthe State ot'Horida. Any legal action riecessar% to enlorcc the Agreenient vvill be held in Paini Beach Ccwnty. No rcnledN herein conferred upon all% I -'a(-,e 2 ol'6 Page 392 of 946 party is intended to be eXCILISiVe of any other reme&r, and each and C\,Cr\ such remedv shall he CUMUlatke and shall be in addition to eNery other rerned\r )i\ren herCUrideror no car hereafter existing at lax� or in equity, by statute or other,"\riSe. No single or partial exercise by cfflr part.. ofam, riolit, power. or remedy herCLI11cfer shall preclude any other or further exercise thereof, No provision of:' this Agreement is intended to, or shall be construed to, create any third party beneljciary or, to prop ide ariv rights to any r person or entitN not a party to this Agreement. includinu but not limited to any citizen or ernployees ofthe COUNTY and/or the '11. MCII'ALITY ARTICLE 8 — ARREARS The MUN K."' IIIALITY shall not pledoe the ('013MYS credit or make it a ouarantor of pamient or SLINV,` for any Agreernent, debt. obligation, judurnent, lien. or an\ forlij of indebtedness. I'he MUNK I WA11TY further" rrants and represents that It has no obligation or indebtedness that "'OUld impair its ability to fulfill the terms ofthis Agreement. ARTICLE 9 - ACCESS AND AUDITS The N/1L.jNICIP/\I_FI Y shall maintain adequate records to justit'N all charges. expenses. and costs Incurred in estimatino and performing the kkork 11or at least fixe (5) years after completion or 4= termination of this The COUNTY shall have access to such books. records. and documents as required In this section liar the purpose of inspection or- audit during normal business hours. at tile �VIUMCIPALFFVS place of:'business. Palm i3eaCh ('011111) has established the Office of. the Inspector General in IUrn Beach ('01_111t\ ('ode, Section ?-421 - 2-440, as mav be amended. Fhe Inspector (Jeneral's aUthority includes but Is not limited to the po,,ger to revim past. present and proposed ('OLint\, contracts. transactions, accounts and records. to require the production of'records, and to audit. investit-,ate. monitor. and inspect the activities of' the MUNICII)ALI FY, its officers, aoctits. ernpimees. and lobbyists in order to ensure compliance mth Aoreement reClUirements and detect corruption and fraLid. 1, ajlUre to cooperate with the Inspector General or intertlerink, with Im amoi- impeding , estio I C� - ,-at on shall he in \iolation cal' Beach COUI1t\, (.'ode. Section 21-421 - 2-440. and punished pursuant to SCO1017 125.69. Florida Statutes. In the sante manner as a second degree misdemeanor. ARTKITE 10 — NONDISCRIMINA,r][ON "I he OXJN FY is con-imitted to assuring equal opportunity in the Lm and ofcontracts and complies Frith all la�vs prohibiting discrimination, I'Lit-SUant to Palm Beach COUut\ Resolution 8201 7-1770. as may be amended. the MUNICIPALI FY %,\,arrants and represents that throughout the tern ofthe Agrecmei,it, including am rencx\als thereol' if applicable. all of its erriployees are treated equally during eri-iplmii-ient \,\ithout re,,ard to race, color. religion, disability. sex. age. national origin. ancestry. marital status. I'amilial status. sexual orientation, gender ldentltv Or eXIN'ession, or go erietl I I F allure to meet this requirement shall he considered detLlUlt ofthe Agreement, ARTICLE I I- AU'T11ORITY TO PRA(I I T-11 CE The MUNICIPALITY herebl, represents and ,�arrants that it has and mill C0111111LIC to maintain all licenses and approvals required to condUCt pre -hospital emergency n-iedical services during the: life of 1 I the equipment, Proof of such licenses and approvals shall he subrnitted to the ('01_1M Y's representatiVC Upon request, I)age 3 oaf 6 Z�l Page 393 of 946 ARTICLE 12 —:SEVERABILITY If"aw, term or provision of this Agreement. or the applicatiori thereof to am person or cirCLIMSUNICeS shall. to anN extent, be held invalid or unerif'orceable, tile remainder of this Aoreenient. or the application of'such terms or provision. to persons or cirCLIInStanCCS other than those as to which it is field Invalid or uneriforceable. shall not be affected. and erer�r other terror and pro\ision of this A(,reeinent shall be deemed valid and erif'Orceable to the extent permitted b\ lark. ARTICLE 13 — NOTICE All notices required in this Aggreement shall be sent b1 certified mail. return receipt reLlUested, hand delixerN or, other dehver\ service requiring signed acceptance. It'sent to the ('01 NIN. notices shall be addressed to: L,metl[C Schurfer. L—N/IS Specialist 20 South MilitarN, 'I rall WPB. FL 3�3401 With Copy to: Pahn Beach Couji(N Attorney's Office .301 North 011ve Ave. 6th Floor West Palm Beach. I lorida 33401 [t'sent to the MUNICII)ALITY. notices shall he addressed to: Jarvis Prince. ENIS Chief 2080 High Ridge Rd. Boc nton fkach. FT '13-1-26 ARTICLE 14 - INSUIRANCE \Vithout \�aivjrw the right to soverehyn irrill-11,11-1m, a,, pro\ ided by section 768.28. 1, lorida, "Malates.. (tI te le "Statute.). the MUINK II)ALITY represents, that it is self-insured with covcrae SLibJCCI. to the limitations of the Stiti-11C. as may be amended. If MI-NIC"HIALITY Is not self -Insured. MUNICIPAI-ITY shall, at its sole expense. purchase and maintain in full force and eff'ect at all times during the life of this Agreement. insurance cmerage at hinits not less than those contained in the Statute. ShOUld MIJNICIPALITY purchase excess llabiht.y Coverage. Mt NICII)ALI'lY agrees to include COUNI Y as an Additional Insured. The MIJNI('Il),,NLITY agrees to maintain or to be self -Insured for \VorkQrs' Compensation insurance iii accordance mth Chapter 440, Florida SMWICs, Should MUNICIPAI....IFY contract \�Itli a third -part, (Contractor) to perform an\, service related to the Agreement. N/lUNICII)ALITY shall require the Contractor to provide the f'ollomng minlinurn insurance: Cornaiercial General Liability insurance with minimum limits of'SI.000.000 combined single limit fear properv, daniage and boddy injury per occurrence and S2.000.000 per ai,gregatc. SLICII policy shall he endorsed to include 1II-JNI(Al',,VTI-)` and ('01 -NI Y as Additional Insureds. MUNICIIIALI FY shall also require that the Contractor include a Waiver Of'SUbrouation aLlainst COUN'l Y, I)age 4 ol'6 Z7 Page 394 of 946 • BUSineSS Autornohi I e I. I abi I itN insurance volth minimurn I irnits ot'S 1 000.000 combined sing I e limits for property darnage and bodily nljUr), , per occurrence. • Workers' Compensation insurance in compliance with Chapter 440. Florida Statutes. and rOiich shall include coverage for F'rnployer's [Jabilit\ \Nith rniniulL1111 hunts OCS, 1,000.000 each accident. When requested, the MUNICIPALITY shall provide an affidavit or Certificate Of Insurance evidencino insurance Or self-insurance. Compliance with the forep-m ng, requirenient shall riot relieve the MUNIC'MM,11"Y ofits liability, and oblil',LltiOITS under this Agreement, Z7 t7 ARTICLE 15 - ENTIRETY OF CONTRACTUAL, AGREEMENT 1"he C:01 CITY and the MUNICIPALI-I Y agree that this /\oreernent sets forth the entire ,'\oreerncnt bei\keen the parties. and that there are no promises or understandings other than those stated herein. None of the provisions. terms and conditions contained in this Agreement may be added to, modified. superseded or otller��ise altered. except by v�rjtten instrUnient executed b\ tile parties herem. ARTICLE 16 - EXPIRATION OF AGREEMENT This Agreement shall aUtOniatj cally expire in fi,oe (5) years from the ef, 'I'ectj\e date or upon tile expiration of' the lif'e of' the ENIS LqLHp1llCF1t. �\ hichever carnes first. in accordance thea State FM S C aunty Grant Program, At such tulle, (lie MUNIC , II)ALF1 Y may dispose of said FAIS Equipment as surplus property ,pith nta further ruUnicipal purpose. ARTICLE 17 - EFFECTIVE DATE 'Flils, Agreement shall beCOMC efi`cCtiVC Up011 execution by both the COUNTY and tile MUNR 1PALITY. ARTICTE 18 - E -VERIFY - EM P Lo Y M E N T ELIC I1311. ITY Each party "arrants and represents that it is in compliance with section 448.095, Florida Statute,". as may he amended. Each party , has registered mill and uses. and shall continue tea use. the Svsteni , Zto electronically verily; the empioyment eligibility of' all newly hired employees. 11'either party has a good faith bellet'that the other party has kriommdv v'(flated Section 448.09( 1), Florida Statutes. as maN be anicnde(L said party shall terminate this Agreenlent kith the. violatino part\ ARTICLE 19 — PUBLIC RECORDS Both parties shall comply \,vith Ilorida's public records kms. 1Y1L'R1'1':U,1LNDE' R OF 11Qage 5 ot'6 I Page 395 of 946 IN WITNESS WHEREOF, the Board of CoUlM Commissioners of him Beach Count%. I'lorida h,,.is made and executed this Aurcement on behall'ofthe COUNJ'Y and MUNJC11)z\1T'l'Y has here UrItO set its hand the daN and ear abm, e x,,:r'i ttell. PALM BEACH COUNTY I BOARD OF COUNTYCOMMISSTONER S BY ITS C.OUNTY ADMINISTRATOR, Verdenki '. Baker Count\ Administrator APPROVED ASTO FORM AND LEGAL SUFFICIENCA' By, Asst. County Attorney APPROVED ASTOTERMS AND CONDH`IONS B\ - Department Director curN, OF BOYNTON BEACH By: MUrliClpalitN lZepresentatl\e APPROVE[) AS TO FORM I AND LEG'AL SUFFICIENCY B y: Municipa.litN Attorney APPROVED AS TO TERMS AND C.ONDITIONS B�, � J)aoe 6 ol'6 N/lunicipallt\ Representative Page 396 of 946 C00111 Consent Agenda 5/17/2022 Requested Action by Commission: Proposed Resolution No. R22-068 -Authorize the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Brothers Catering Services LLC located at 411 S Federal Highway, Boynton Beach, FL 33435. Explanation of Request: The City's new Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from Brothers Catering Services LLC located at 411 S. Federal Highway, Boynton Beach, FL 33435. Brother's Catering Services believes in inspiring and delivering extraordinary experiences. Their motto is "Pride inspires quality and quality inspires pride by maintain our integrity in all we do". The applicant will utilize the grant funds to target their Facebook, I nstagram, and YouTube promos, increase their engagement on social media, and market new ideas and packages they offer. How will this affect city programs or services? Approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 21-22. Brothers Catering Services LLC will receive $2,500. Alternatives: Do not approve the grant application or use of funds. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Yes Grant Amount: $2,500 Page 397 of 946 Attachments: Type D IRE)S()ll LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D (3)iraint Appicatioin Description IRE)SOkAboin approviing IMair](E)tiing arld IDigital� C0111111EIK,UkAty Sirnall BL.JISil['IE)SS ('34'aint Agir'E�IENrTIENI'lt Wth IBiroth E)rs Ca tE)riing SE)ir-\ACE)S ('34'aintAgir'E�IENrTIENI'lt BrothE)rs Ca tE)riing SEir-\&,,EsS I . I . C (3)iraint Appp icatioin BrothE)rs Ca tE)riing SE)irviCE)S I . I . C Page 398 of 946 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 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO SIGN A GRANT AGREEMENT FOR THE MARKETING AND DIGITAL CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE AMOUNT OF $2,500.00 FOR BROTHERS CATERING SERVICES LLC., LOCATED AT 411 S. FEDERAL HIGHWAY, BOYNTON BEACH, FL 33435; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's new Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e- commerce platform; and WHEREAS, the applicant will utilize the grant funds to directly market to target their Facebook, Instagram, and YouTube promos, increase their engagement on social media, and market new ideas and packages they offer; and WHEREAS, Approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. 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. Section 2. The City Commission approves and authorizes the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500.00 for Brothers Catering Services LLC., located at 411 S. Federal Highway, Boynton Beach, FL 33435, a copy of which is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Brothers Catering) - Reso.Docx Page 399 of 946 34 PASSED AND ADOPTED this 17th day of May, 2022. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner—Aimee Kelley ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE YES NO S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Brothers Catering) - Reso.Docx Page 400 of 946 CITY OF BOYNTON BEACH GRANTAGREEMENT K V THIS AGREEMENT is made this 21 day of 2022, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and Brothers Catering Services LLC hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as, more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. i Page 401 of 946 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is, consistent with GRANTEE's mission. A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has, ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers, and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement, 2 Page 402 of 946 111. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program, V. GRANT AMOUNT The total grant is Two Thousand Five Hundred Dollars (S 500 VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 9 Page 403 of 946 LVAHM 10 110101 101110M.OW1 The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold hannless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX INSURANCE GRANTEE must provide the CITY with evidence of insurance as follows: general liability insurance - $ 1,000,000; umbrella - $ 1,000,000; and evidence of auto liability insurance and worker's compensation insurance. The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any .and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. (00306206.2 06-9001821 JU-Trogram Files (X86)\Neev!a Com\l)occunverterprd,,TemlvSNVDC\OArE6562-AC48-43�A-8055-5F649474F16C\Boyntort Beach. 16786.1. Grant., Agi-cemem._( 003062.06-2 xc4b6a}. Doer Page 404 of 946 XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and a19 expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach Page 405 of 946 P.O. Box 310 Boynton Bouh, FL 33425 mn�= James A. Cherof, City Attorney G NUA A&M"', Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if'sent to the GRANTEE shall be mailed to (current official address): By: By: �, e*/ Print. Print: Name: Title - Crystal Gibson, MPA, MMC, City Clerk F.11 ra jr? of the City Attorney F.M90M Print Name: Title: Page 406 of 946 City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your busiiness' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified', fiirst-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability, The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Department of Economic Development and Strategy. Page 407 of 946 rim • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Business must have at least one (1) commercial brick -and -mortar location in the City of Boynton Beach with an executed lease agreement. • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may applyfor one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Page 408 of 946 Application packets must include the following documentation: 1. Completed and signed application 2. W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt 4. Copy of corporate documents for the applying business entity. 5. Copy of executed multi-year commercial lease agreement. 6. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the, next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtainedl at www.boynton-beach.org/events/Iist. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission: Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process, This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission., Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 1, 2022 to submit for reimbursement. The following documentation is required to submit for reimbursement, 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. Page 409 of 946 How to Apply Applicants can apply online at whyboynton-com/grants or by contacting the City's Department of Economic Development and: Strategy at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does, not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have, been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. Page 410 of 946 Program Civeirvibw C111-ty of Boyintoin Beach IMairIketiling aindiii iii- III Coininectilivill-ty Sima111111 Busilliness Giraint (Piro irairnn Oveirviie Marketing is your bu.sine s.s' way of Communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and po'ten'tial customers. As a .small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ul'tima'te coal of generating more .sales. With new mediums of communication, available platforms and economic shifts in consumer spending, 'the City also recognizes the Importance of a -commerce for .small businesses. E -commerce allows businesses to grow 'their customer base, generate new sales, and benefit from the ,shift in ,shopping from brick -and -mortar to online. Having the ability to process .sales directly online builds your customer base by allowing your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed 'them to stay connected with 'their customers a.s'their physical location was shut down. With a -commerce your customers are no longer limited to 'those who can visit your brick" -and -mortar location. Fhe Coal of this grant is to help local .small businesses improve the quality and effectiveness of their marketing to help reach a broader market. the City's Marketing and Digital Connectivity Small Business Grant was created to .support new and existing .small businesses with marketing and/or developing an a -commerce component to 'their business. the Carty will provide eligible .small businesses with a reimbursable grant for expenses associated with marketing and/or the development of an a - commerce platform 'for 'their business. Eligible uses completed and paid for prior to grant approval will not be eligible for reimbursement. the maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e-commerce uses' for which the applicant seeks grant reimbursement. fha grant is awarded can a'first qualified, 'first-served basis. All applications are subject to City Commission approval. Submitting an application 'to'the program is NOF a guarantee of funding. All applications are subject 'to'funding availability. fha City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sola and absolute discretion, it determines 'that 'the business will not advance the coals and objectives of the City's Department of Economic; Development and S'tra'tegy. 1lRequuiiired IDocunirnneirntatilon wfth ApIpflication Application packets must include the 'following documen'ta'tion: 1. Completed and signed application 2. VV9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business fax Receipt Page 411 of 946 4. Copy of executed multi-year commercial lease agreement or proof of ownership. 5. Wri ten detailed description of your project and budget estimates. Fhe project budget must provide a 'total Cost for the project. Page 412 of 946 II®Ilii iiWilliity 1lRequiiireirttneirnts • Business roust be located within the City of Boynton Beach city limits • Business roust have between 1 and 25 employees • Business must have at leant one (1) commercial brick -anti -mortar location in the Ci'ty of Boynton Beach with an executed lease agreement or proof of ownership. • Applicant must be a 'for-pro'fi't privately held business. Non organizations and home-based businesses are NO f eligible 'for 'funding through this program. a Must be properly licensed by all necessary levels of government and professional associations or agencies, including Ci'ty of Boynton Beach Business fax Receipt (B FIR). fhe City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: • Development of a marketing/social media plan • Design of marketing materials and con'ten't • Website design • Web promotions (e.g. %acebook ads) • Print and FV advertisements a Social media development and assistance • Marketing consul'tan'ts • Brand and logo design • I commerce software and development • Equipment to support marketing efforts Ineligible uses include but are not limited to: • Sponsorship 'fees • Website hosting/main'tenance'fees • S'ta'ff salaries • fraval and accommodations • Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. fha Ci'ty reserves the right to approve or deny any use, in its scala and absolute, discretion, it determines does not meet the intended goals and objectives of this program. Page 413 of 946 i-floin ll II ire-foirim-iiioin Iplpiraavall of Fundifing Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and po'ten'tial approval. Fhe City Commission can approve or denial any aren't application at its ,pole discretion. Fhe City Commission meets on 'the'first and 'third Tuesday of each month. Fhe schedule for City Commission Meetings can be obtained at www.boyn'ton..-bea(ah.org/even't,a/list. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the aren't applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will no'ti'fy the applicant of approval or denial. 1lReiirnnlbuuirseirnneint IPiraacess Phis program is designed as a reimbursement aren't. That is, all project costs must be peed for by the aren't applicant pricer to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid For after the applicant has received notification 'that 'their aren't application has been approved by the City Commission. Any work/costs associated with the project that was completed prix r'to receiving aren't approval is ineligible for reimbursement. If approved, the applicant will have until September 1, 2022 to submit for reimbursement. Fhe following documen'ta'tion is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidences of payment to vendor. or consul'tan'ts that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the 'fron't and knack of the cance"lle"d check for work that was completed as part of the project. 3. Other e"vide"nce" of payment for work completed as part of the project. *No cash payments will be accepted as e"vide"nce" in support of a request for reimbursement. SU.DIQIRISS11o11M OF AIM AIPIPILII A'Tf11o11M IIS IMOTf A GUAIRAIMTIEIE OF IFU.DIMIDIII V IIt its the irespoirnsi Uilliity of the alplplliicairnt to IRIEAID MMIC U.11IMIDIEIRSTAIMID x1111 aspects of the Giraint (Piro irairnn AIpIplliicatuaaun and Guiidellifines.. IMOTfIICIE 'Tfo'Tf1111111RID IP IRTfIIIE „'The giraint alplplliicatuaaun Ipiraa irairnn does unset cireate any irii hts'II'aair any Ipairties, iiunclluudiiun Ipairties that performed work on the IpiroJect. IMoir shaIIII iissuuaunce of a giraint iresuullt iiun any aa1b11ii atuaaun on the Ipairt of the Ciity of 1Boyuntaaun 1Beach to any th iird Ipairty, 'Tfhe Ciity its unset irequuiiired to veiriif.y that entities that limns contracted nth the alplplliicaint limns lbeeun Ipaiid iiun 11'uu1111, oir that such entities limns Ipaiid any subcontractors iiun 11'uull11„ Iplplliicaint's wnirrainty that All Wi1111s irellated to the IPiroJect'll"or whiich the alplplliicaint its diiirectIly irespaaunsiiUle its suulftuciie nt assuuiraince 11'aair the Ciity to aaird iraint'll'uuundiiun „ Page 414 of 946 111 ii -floin GIIIRAINT AlIP111PIL111CAT1110IN 11 U IH If® III II: If 11 'TII I 1BusiilrnessIMalrnne* (d/b/a if applicable) 910 814691 61-396 x2 71 Brothers Catering Service. Existing Business C,A New Business IF ed II IM 83-3872790 3 IIEmaiill* brotherscateringserviceslIccx gmai1.com 1BusiilrnessAddlress* Street Address (Lease Aglreelrnnelrnt* Yes C) No 6262 Oakview Lane $ 300.00 IMimThe lr o11' Address Line 2 II®Iran pll oyees City State / Province / Region IMiissiiolrn Statelrnnelrnt* Lake Worth Fl - Brothers Catering Services I._I._C believes in inspired and deliver extraordinary Postal /Zip Code Country 33463 USA Welbsiite www.brotherscateringservi(,,esll(,,@gmail.(,om 1Busiilrness IPlholrne* Cell II* 910 814691 61-396 x2 71 BuSIllrneSS Status* Existing Business C,A New Business IMu irnnlbelr oll' Years iilrn II_xiistelrnce Tfiilrnne at Current ILocatuolrn 3 3 Square (Footage Current ILocatuolrn (Lease Aglreelrnnelrnt* Yes C) No IMolrnthIly 1Base IlRelrnt $ 300.00 IMimThe lr o11' II®Iran pll oyees Ty. pe of 1Busiilrness CAFERING IMiissiiolrn Statelrnnelrnt* Please provide a 2-3 sentence mission statement for the applying business entity. Brothers Catering Services I._I._C believes in inspired and deliver extraordinary experiences. Cour motto is "Pride inspires duality and duality inspires pride by maintain our integrity in all we do". 1F'11' SE-C"TIIDIE--CII' IIII:: TII II Page 41 5 of 946 IE- liigiiblle Uses* Please select all the eligible uses you are seeking grant reimbursement for i Development of a marketing/social media plan Ie1 Design of marketing materials and con'ten't Website design I e1 Web promotions (e.g. Facebook ads) Print and FV advertisements �...,,.I Social media development and assistance ✓i Marketing consul'tan'ts (..,,1 Brand and logo design I I®.commerce software and development (..,,1 Equipment to support marketing efforts 1 Other PiroJect IDescidIpfuoin * Provide a detailed description of your project. Our goals is to attract more customers to our'facebook, Instagram Fo retarget our facebook promo, instagram website. To book more events we cater to.to improve our website presen'ta'tion to this new generation Can the social media level. Let the community know about Brothers Catering services is the premiere choice for event ca'terino in the Palm Beach County. To create more iobs in the 'food Industry as Project IlirttnlpactProvide a detailed description of how the project will be utilized by the grant applicant and how it will help reach a broader market. ro retarget our 'facebook, instagram, and youtube promos. To engage more Can social media by new Ideas, new and best package we offer to po'ten'tial clients who are in need of hiring catering company IPiro,pect"s 'Tfotall Cost` $ 5,000.00 'Tfotall Grant IFu.uirndiiirng What is the total grant amount you are requesting? Request* est x000.00 II®sfuirnnated What is the estimated project completion date? CoirnnlplleUoirn (Date* 12/30/2-022 If1If111_11C 11 T IIII If= If ll 'Tll l 11:3 riiiriciilpall/113uiiirieOwner IMairnne* lean G Nestor Tfiiftle * Ownwer II®irnnaiill * bro'thersc,a'teringservic,esllc, cx gmail.c,om Phone* 61 -396 5271 IMairnne* Viergelie Lily Nicolas Tfiiftle * Owner II®irnnaiill * bro'thersc,a'teringservic,esllc, cx gmail.c,om Phone* 910 814691 El IM Page 41E 3 of 946 Add 11irilirncillpall/113uisilirx�ss Owirxir Other IPrograirwis Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? (_, Yes * No Mandatory Documents Upload W 9 IFoinrnn* For a copy of a blank VV -9 Form click this link. IUpload VV -9 -2022. pd f 608.05KB Click Iheire for a copy of the Grant Agreement. Siignature* L Sign .............. ApplliicaUoin Date* 4/8/2022 Page 417 of 946 Click Iheire to download a blank VV -9 Form. Busifiness 'Tax Copy of City of Boynton Beach Business Tax Receipt Reciiept* I Upload Boynton Beach B FR.pdf 70.84KB X Boynton Beach BFIR-catering.lodf 86.51 KB X Coirwirwierciiall Lease Copy of executed multi-year commercial lease agreement Agreeiment (iii I Upload applHicabIle) Property Owneirshii1p Documentation showing ownership of the commercial property (iif applHicabIle) UploadJ Project Budget Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. UploadJ Brothers..-(,'atering.._Marketing Plan.pdf 18.88MB X Girant Agireeirwient* Please sign the attached Grant Agreement UploadJ Grant Agreement. yigned.pdf 2.0666 X Click Iheire for a copy of the Grant Agreement. Siignature* L Sign .............. ApplliicaUoin Date* 4/8/2022 Page 417 of 946 1" Consent Agenda 5/17/2022 Requested Action by Commission: Proposed Resolution No. R22-069 - Authorize the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,322.01 for J & I Optical, LLC located at 1034 Gateway Blvd. Suite 106, Boynton Beach, FL 33426 Explanation of Request: The City's new Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff received a complete grant application from J & I Optical, LLC located at 1034 Gateway Blvd. Suite 106, Boynton Beach, FL 33426. J & I Optical, LLC is looking to grow their business by starting to sell prescription eyeglasses online. The applicant will utilize the grant funds to build an online platform where people can input or upload their eyeglass prescriptions and order glasses. They will be able to choose between dozens of stylish eyeglass frames and use features like virtual try on where people can try on frames right from home. This grant will help them fund their transition into the ecommerce space by building a website. How will this affect city programs or services? Approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 21-22. If approved, J & I Optical, LLC will receive $2,322.01. Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Yes Grant Amount: 2,322.01 Page 418 of 946 Attachments: Type D IRE)S()ll LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D (3)iraint Appicatioin Description IRE)SOkAboin approviing IMair](E)tiing arld IDigital� C0111111EIK,UkAty Sirnall BL.JISil['IE)SS ('34'aint Agir'E�IENrTIENI'lt Wth J II Qpticall ('34'aintAgir'E�IENrTIENI'lt J II Qptical, I I .0 (3)iraint Appp icatioin J II Qptical, I I .0 Page 419 of 946 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 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO SIGN A GRANT AGREEMENT FOR THE MARKETING AND DIGITAL CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE AMOUNT OF $2,322.01 FOR J & I OPTICAL, LLC LOCATED AT 1034 GATEWAY BLVD. SUITE 106, BOYNTON BEACH, FL 33435; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's new Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e- commerce platform; and WHEREAS, the applicant will utilize the grant funds to directly market to build an online platform where people can input or upload their eyeglass prescriptions and order glasses; and WHEREAS, Approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. 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. Section 2. The City Commission approves and authorizes the Interim City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,322.01 for J & I Optical, LLC located at 1034 Gateway Blvd. Suite 106, Boynton Beach, FL 33435, a copy of which is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (J&I Optical) - Reso.Docx Page 420 of 946 34 PASSED AND ADOPTED this 17th day of May, 2022. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner—Aimee Kelley ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE YES NO S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (J&I Optical) - Reso.Docx Page 421 of 946 CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of '2022, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and J & I OPTICAL, LLC , hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: L GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 Page 422 of 946 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. IL PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. K Page 423 of 946 III. DEFAULT/TERMINATION A. In the event that a parry fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting parry notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting parry fails to cure the default, the non -defaulting parry shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Three Hundred and Twenty Two Dollars and 1/100 ($ 2,322.01 ) VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 191 Page 424 of 946 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE GRANTEE must provide the CITY with evidence of insurance as follows: general liability insurance - $1,000,000; umbrella - $1,000,000; and evidence of auto liability insurance and worker's compensation insurance. X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any parry is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 100306206.2 306-9001821 }CAProgram Files (X86)ANeevia.Com\Docconver[eiproATemp\NVDCAOABB6562-AC48-430A-8055-5F649474F 16CABoynton Beach. 16786.1.Grant Agreement _(00306206-2xc4b6a).Docx Page 425 of 946 XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing parry or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach Page 426 of 946 P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 with a copy to: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY By: Print: Name: ATTEST: GRANTEE By: _ Print: Title: ATTEST: Crystal Gibson, MPA, MMC, City Clerk Print Name: APPROVED AS TO LEGAL FORM: Office of the City Attorney Title: (CORPORATE SEAL) Page 427 of 946 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Department of Economic Development and Strategy. Page 428 of 946 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Business must have at least one (1) commercial brick -and -mortar location in the City of Boynton Beach with an executed lease agreement. • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Page 429 of 946 Application packets must include the following documentation: 1. Completed and signed application 2. W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt 4. Copy of corporate documents for the applying business entity. 5. Copy of executed multi-year commercial lease agreement. 6. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org/events/list. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 1, 2022 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. Page 430 of 946 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City's Department of Economic Development and Strategy at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. Page 431 of 946 Program Civeirvibw C111-ty of Boyintoin Beach IMairIketiling aindiii iii- III Coininectilivill-ty Sima111111 Busilliness Giraint (Piro irairnn Oveirviie Marketing is your bu.sine s.s' way of Communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and po'ten'tial customers. As a .small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ul'tima'te coal of generating more .sales. With new mediums of communication, available platforms and economic shifts in consumer spending, 'the City also recognizes the Importance of a -commerce for .small businesses. E -commerce allows businesses to grow 'their customer base, generate new sales, and benefit from the ,shift in ,shopping from brick -and -mortar to online. Having the ability to process .sales directly online builds your customer base by allowing your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed 'them to stay connected with 'their customers a.s'their physical location was shut down. With a -commerce your customers are no longer limited to 'those who can visit your brick" -and -mortar location. Fhe Coal of this grant is to help local .small businesses improve the quality and effectiveness of their marketing to help reach a broader market. the City's Marketing and Digital Connectivity Small Business Grant was created to .support new and existing .small businesses with marketing and/or developing an a -commerce component to 'their business. the Carty will provide eligible .small businesses with a reimbursable grant for expenses associated with marketing and/or the development of an a - commerce platform 'for 'their business. Eligible uses completed and paid for prior to grant approval will not be eligible for reimbursement. the maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e-commerce uses' for which the applicant seeks grant reimbursement. fha grant is awarded can a'first qualified, 'first-served basis. All applications are subject to City Commission approval. Submitting an application 'to'the program is NOF a guarantee of funding. All applications are subject 'to'funding availability. fha City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sola and absolute discretion, it determines 'that 'the business will not advance the coals and objectives of the City's Department of Economic; Development and S'tra'tegy. 1lRequuiiired IDocunirnneirntatilon wfth ApIpflication Application packets must include the 'following documen'ta'tion: 1. Completed and signed application 2. VV9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business fax Receipt Page 432 of 946 4. Copy of executed multi-year commercial lease agreement or proof of ownership. 5. Wri ten detailed description of your project and budget estimates. Fhe project budget must provide a 'total Cost for the project. Page 433 of 946 II®Ilii iiWilliity 1lRequiiireirttneirnts • Business roust be located within the City of Boynton Beach city limits • Business roust have between 1 and 25 employees • Business must have at leant one (1) commercial brick -anti -mortar location in the Ci'ty of Boynton Beach with an executed lease agreement or proof of ownership. • Applicant must be a 'for-pro'fi't privately held business. Non organizations and home-based businesses are NO f eligible 'for 'funding through this program. a Must be properly licensed by all necessary levels of government and professional associations or agencies, including Ci'ty of Boynton Beach Business fax Receipt (B FIR). fhe City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: • Development of a marketing/social media plan • Design of marketing materials and con'ten't • Website design • Web promotions (e.g. %acebook ads) • Print and FV advertisements a Social media development and assistance • Marketing consul'tan'ts • Brand and logo design • I commerce software and development • Equipment to support marketing efforts Ineligible uses include but are not limited to: • Sponsorship 'fees • Website hosting/main'tenance'fees • S'ta'ff salaries • fraval and accommodations • Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. fha Ci'ty reserves the right to approve or deny any use, in its scala and absolute, discretion, it determines does not meet the intended goals and objectives of this program. Page 434 of 946 i-floin ll II ire-foirim-iiioin Iplpiraavall of Fundifing Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and po'ten'tial approval. Fhe City Commission can approve or denial any aren't application at its ,pole discretion. Fhe City Commission meets on 'the'first and 'third Tuesday of each month. Fhe schedule for City Commission Meetings can be obtained at www.boyn'ton..-bea(ah.org/even't,a/list. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the aren't applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will no'ti'fy the applicant of approval or denial. 1lReiirnnlbuuirseirnneint IPiraacess Phis program is designed as a reimbursement aren't. That is, all project costs must be peed for by the aren't applicant pricer to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid For after the applicant has received notification 'that 'their aren't application has been approved by the City Commission. Any work/costs associated with the project that was completed prix r'to receiving aren't approval is ineligible for reimbursement. If approved, the applicant will have until September 1, 2022 to submit for reimbursement. Fhe following documen'ta'tion is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidences of payment to vendor. or consul'tan'ts that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the 'fron't and knack of the cance"lle"d check for work that was completed as part of the project. 3. Other e"vide"nce" of payment for work completed as part of the project. *No cash payments will be accepted as e"vide"nce" in support of a request for reimbursement. SU.DIQIRISS11o11M OF AIM AIPIPILII A'Tf11o11M IIS IMOTf A GUAIRAIMTIEIE OF IFU.DIMIDIII V IIt its the irespoirnsi Uilliity of the alplplliicairnt to IRIEAID MMIC U.11IMIDIEIRSTAIMID x1111 aspects of the Giraint (Piro irairnn AIpIplliicatuaaun and Guiidellifines.. IMOTfIICIE 'Tfo'Tf1111111RID IP IRTfIIIE „'The giraint alplplliicatuaaun Ipiraa irairnn does unset cireate any irii hts'II'aair any Ipairties, iiunclluudiiun Ipairties that performed work on the IpiroJect. IMoir shaIIII iissuuaunce of a giraint iresuullt iiun any aa1b11ii atuaaun on the Ipairt of the Ciity of 1Boyuntaaun 1Beach to any th iird Ipairty, 'Tfhe Ciity its unset irequuiiired to veiriif.y that entities that limns contracted nth the alplplliicaint limns lbeeun Ipaiid iiun 11'uu1111, oir that such entities limns Ipaiid any subcontractors iiun 11'uull11„ Iplplliicaint's wnirrainty that All Wi1111s irellated to the IPiroJect'll"or whiich the alplplliicaint its diiirectIly irespaaunsiiUle its suulftuciie nt assuuiraince 11'aair the Ciity to aaird iraint'll'uuundiiun „ Page 435 of 946 I ll ii -floin GIIIRAINT AlIP111PIL111CAT1110IN 11 U IH If® III II: If ll 'TII I 1BusiilrnessIMalrnne* (d/b/a if applicable) 61 5034412 J & I CSP FICA1_ , LLC IF ed II IIS � 832256425 IIE mallll * i sa a (amanahlm@g ma II.com 1BusiilrnessAddlress* Street Address Square (Footage 1034 gateway blvd suite 106 Current II_ocatuolrn Address Line 2 City State / Province / Region boyn'ton beach Fl._ Postal /Zip Code Country 33426 USA 1Busiilrness IPhone* Cell 11* 61 5034412 561 .702.2075 BuSIllrneSS Status* Existing Business (.) New Business IMulrnnbelr oll'Yealrs iilrn II_xiistelrnce Tfiilrnne at Current II_ocatuolrn 4 4 Square (Footage 950 Current II_ocatuolrn (Lease Aglreelrnnelrnt* Yes C) No IIMolrnthIly 1Base IlRelrnt $ 859.57 IMimThe lr o11' 1 II®Iran pll oyees Ty. pe of 1Busiilrness CSP FICA(._ IMiissiiolrn Statelrnnelrnt* Please provide a 2-3 sentence mission statement for the applying business entity. Our mission is to be able to sell prescription eyeglasses online. Since covid many people have 'turned to online shopping more 'then ever. Fhls loan will give our company an opportunity to grow and 'tap into the online market to offer our 1F' 11' SE- C"TIID IE- S C II' II II':"TII II Page 436 of 946 IE- liigiiblle Uses* Please select all the eligible uses you are seeking grant reimbursement for Development of a marketing/social media plan (..,,1 Design of marketing materials and con'ten't Website design 1 Web promotions (e.g. Facebcocok ads) Print and T4/ advertisements �...,,.I Social media development and assistance Marketing consul'tan'ts (..,,1 Brand and logo design I®.commerce software and development (..,,1 Equipment to support marketing efforts 1 other PiraoJect IDescidIpU oirn * Provide a detailed description of your project. 7o build an online platform where people can input or upload 'their eyeglass prescriptions and order glasses. they can choose between dozens of .stylish eyeglass frames. Even convenient features like virtual 'try can where people can 'try can 'frames right from home. Project IlirnnlpactProvide a detailed description of how the project will be utilized by the grant applicant and how it will help reach a broader market. chis grant will help fund our transition into the ecommerce space by us building a website with the grant money. Millions of people choose to shop online each and every day. We will 'finally have the means to be right in 'front of the customer online as soon as they are looking for glasses! IPirao,pect"s 'Tfaotall Cost` $ 2,500.00 'Tfaotall Grant IFu.uirndiiirng What is the total grant amount you are requesting? Request* 2500.00 IE-stuirnnated What is the estimated project completion date? CaoirnnlplleU oirn (Date* 3/21/2022 If1If111_11C 11 T IIII If= If ll 'Tll l 11:3 riilrioiilpall/113uau iilrieOwner IMairnne* isaac manakhimov Tfiittle * OWN ER II®irnnaiill* isaacmanahim@gmail.com Phone* oirne* 617022075 Add Il�iriiirncillpa 111/II3u.asiiirxa ss Owirxa it Other IP raogirairnns � Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? C) Yes ls; No Mandatory Documents Upload Page 437 of 946 W 9 IFaoinrnn* For a copy of a blank VV-9 Form click this link. IUpload VV9 GRAN F J & 10 P Fl CAL pd f 568.18KB Click Iheire to download a blank VV-9 Form. Busifiness 'Tax Copy of City of Boynton Beach Business Tax Receipt Reciiept* I Upload J and I -(Rent..-In(,,rease..-1.-etter..-1 0 -28 -2021.p(if 70.53KB X Corwirwierciiall Lease Copy of executed multi-year commercial lease agreement Agreeiment (iii I Upload applHicabIle) J and I - Lease Agreement 2018.pdf 2.57MB X Property Owneirshii1p Documentation showing ownership of the commercial property (iif applHicabIle) I Upload Project Budget Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. IUpload website cost.pdf 24.34KB X Girant Agireeirwient* Please sign the attached Grant Agreement IUpload Grant Agreement.pdf 895.31 KB X Click Iheire for a copy of the Grant Agreement. Siignature* Sign ApplliicaUoin Date* 2/21/2022 Page 438 of 946 6.E. Consent Agenda 5/17/2022 Requested Action by Commission: Proposed Resolution No. R22-070 -Authorize the Interim City Manager to sign an interlocal agreement between the Palm Beach County Sheriff and the City of Boynton Beach, Florida, pertaining to the Operation Stonegarden Grant Program subject to the approval of the City Attorney. Explanation of Request: The U.S. Department of Homeland Security, Federal Emergency Management Agency, through the State of Florida Division of Emergency Management, awarded a grant to the Palm Beach County Sheriff from the Fiscal Year 2021 Operation Stonegarden Grant (OPSG) Program, Award #R0402. The Sheriff will reimburse the City of Boynton Beach Police Department for overtime expenses associated with the OPSG; conducting border security activities in coordination with the Sheriff and U.S.B.P to increase the capacity to respond to, detect, and deter transnational criminal activities. How will this affect city programs or services? The OPSG Program will allow the Boynton Beach Police Department to participate in Stonegarden operations as friendly forces to assist the U.S. Border Patrol (U.S.B.P) in securing U.S. borders. Fiscal Impact: No fiscal impact. The Sheriff will reimburse the city for overtime worked on OPSG activities up to $30,000. Previous awards: OPSG FY2019 - $25,000 OPSG FY2020 - $25,000 Alternatives: Not re-enter into interlocal agreement for this fiscal year. The previous interlocal agreement terminated on 03/31/2022. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Grant Amount: 25,000 Page 439 of 946 Attachments: Type D IRE)S()ll LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t Description IRE)SOkAboin appiroviing II II.....A with FIBSO for ChE�l QPE)ratioin St011'IE�lgardENI'l (3)iraint Flirogirairyl I ['ItE)irlocallAgir'EsE)irm)lllt Wth FIBSO for St011'IE�lgardENI'l (3)iraint Page 440 of 946 I RESOLUTION NO. R22- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH 5 COUNTY SHERIFF AND THE CITY OF BOYNTON BEACH, FLORIDA 6 PERTAINING TO THE OPERATION STONEGARDEN GRANT 7 PROGRAM SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; 8 AND PROVIDING AN EFFECTIVE DATE. 1 10 WHEREAS, The U.S. Department of Homeland Security, Federal Emergency 11 Management Agency, through the State of Florida Division of Emergency Management, awarded 12 a grant to the Palm Beach County Sheriff from the Fiscal Year 2021 Operation Stonegarden Grant 13 (OPSG) Program, Award 4R0402; and 14 WHEREAS, The Sheriff will reimburse the City of Boynton Beach Police Department 15 for overtime expenses associated with the OPSG; conducting border security activities in 16 coordination with the Sheriff and U.S.B.P to increase the capacity to respond to, detect, and deter 17 transnational criminal activities; and 18 WHEREAS, The OPSG Program will allow the Boynton Beach Police Department to 19 participate in Stonegarden operations as friendly forces to assist the U.S. Border Patrol (U.S.B.P) 20 in securing our borders; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 22 recommendation of staff, deems it to be in the best interests of the City residents to approve and 23 authorize the Interim City Manager to sign an Interlocal Agreement with the Palm Beach County 24 Sheriff pertaining to the Operation Stonegarden Grant Program subject to the approval of the City 25 Attorney. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 27 CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above is true and correct and incorporated 29 herein by this reference. S:ACA\RESO\Agreements\ILA With PBC For Stonegarden Grant Prograin(2022) - Reso.Docx Page 441 of 946 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 approve and authorize the Interim City Manager to sign an Interlocal Agreement with the Palm 32 Beach County Sheriff pertaining to the Operation Stonegarden Grant Program subject to the 33 approval of the City Attorney. A copy of the Interlocal Agreement is attached hereto as Exhibit 34 "A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 17th day of May, 2022. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\ILA With PBC For Stonegarden Grant Prograin(2022) - Reso.Docx YES NO Page 442 of 946 AN INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SHERIFF AND THE CITY OF BOYNTON BEACH, FLORIDA PERTAINING TO THE OPERATION STONEGARDEN GRANT PROGRAM WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the U.S. Department of Homeland Security, Federal Emergency Management Agency, through the State of Florida Division of Emergency Management, awarded a grant in the amount of $346,500 to the Palm Beach County Sheriff (SHERIFF) from the Fiscal Year 2021 Operation Stonegarden Grant (OPSG) Program, Award #R0402; and WHEREAS, the OPSG Program allows local police agencies to participate in Stonegarden operations as friendly forces to assist the U.S. Border Patrol (U.S.B.P) in securing our borders; WHEREAS, the Sheriff and the City of Boynton Beach Police Department (CITY) hereby agree to work cooperatively in regards to the OPSG as set forth herein below. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: Article 1. Purpose This interlocal agreement (agreement) delineates the responsibilities of the CITY for activities under FY2021 Operation Stonegarden Grant Program (OPSG), the proceeds of which are being made available by the U.S. Department of Homeland Security, Federal Emergency Management Agency. Article 2. Scope The provisions of this agreement apply to Fiscal Year 2021 OPSG activities to be performed by the parties hereto at the request of the federal government, and in furtherance of its border security mission. Article 3. CITY agrees to A. Conduct border security activities in coordination with the SHERIFF and U. S.B.P to increase the capacity to respond to, detect, and deter transnational criminal activities (see Attachment A -Operations Order). B. Comply with the Fiscal Year 2021 OPSG grant reporting requirements and Operations Order #21-MIPMIP-10-003-V0. C. Provide monthly requests to the SHERIFF with supporting documentation (payroll records, time and attendance forms) for reimbursement of expenses, including overtime. D. Maintain records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three years after completion or termination of this Agreement. Provide the SHERIFF with access to CITY books, records, and documents such that the SHERIFF may inspect or audit these records, upon request during normal business hours, at the CITY's Police Department. Article 4. The SHERIFF agrees to: A. Reimburse the CITY in an amount not to exceed $30,000 for overtime expenses, including fringe benefits (FICA and Retirement only) associated with the Fiscal Year 2021 OPSG. Page 443 of 946 B. Reimburse the CITY within 30 days after receipt and verification of any reimbursement request provided it contains the necessary accurate and detailed supporting documentation. Article 5. Term of Agreement and Obligation to Pav: The term of this Agreement shall commence upon its execution by both the SHERIFF and the CITY and shall terminate on March 31, 2023, or until the date of the expiration of the 2021 OPSG grant agreement if extended by the grantor agency. Article 6. Liabilitv Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, the CITY shall be responsible to the SHERIFF for any actions, claims or damages arising out of the CITY's negligence in connection with this Agreement, and the SHERIFF shall be responsible to the CITY for any actions, claims, or damages arising out of SHERIFF's negligence in connection with the Agreement. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Fla. Stat. Article 7. Indemnification The CITY recognizes it may have liability for certain tortious acts of its agents, officers, and employees, with said liability being limited by the provisions of §768.28 Fla. Stat., provided, however, that this indemnification provision shall not be construed as a waiver of any constitutional or statutory rights or defenses that the CITY may possess and the CITY reserves all such rights as against any and all claims that may be brought under this Agreement. The SHERIFF recognizes it may have liability for certain tortious acts of its agents, officers, and employees, with said liability being limited by the provisions of §768.28 Fla. Stat., provided, however, that this indemnification provision shall not be construed as a waiver of any constitutional or statutory rights or defenses that the SHERIFF may possess and the SHERIFF reserves all such rights as against any and all claims that may be brought under this Agreement. Article 8. Insurance The Parties shall each maintain their own insurance policies during the term of this Agreement: The SHERRIFF warrants that it is self-insured and/or shall maintain general liability insurance as required by law. The CITY shall provide the SHERIFF with a copy of its General Liability certificate of insurance. Article 9. Non -Discrimination The Parties shall not discriminate on the basis of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. Article 10. Modifications of Work This Agreement or the Scope of Work may only be modified or amended only by the mutual written consent of the Parties. Article 11. Relationship of the Parties The Parties hereto acknowledge that their relationship is that of independent contractors. No employee of either parry shall be deemed an employee of the other parry. Nothing contained herein shall be construed to create a partnership or joint venture between the Parties. Article 12. No Third Party Beneficiaries Page 444 of 946 This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. Article 13. Notices Any notices to be provided hereunder shall be in writing and given by personal service, mailing the same by United States certified mail, return receipt requested, and postage prepaid or a nationally recognized overnight carrier, addressed as follows: If to SHERIFF to: Ric L. Bradshaw Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 With a copy to: Catherine M. Kozol, Esq. Department of Legal Affairs Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 If to CITY to: Chief of Police Boynton Beach Police Department 2100 High Ridge Road Boynton Beach, Florida 33426 With a copy to: James A. Cherof, Esq. City Attorney 100 E. Ocean Avenue Boynton Beach, Florida 33435 Article 14. Severabilitv The invalidity or unenforceability of any provision or clause hereof shall in no way effect the validity or enforceability of any other clause or provision hereof. Article 15. Waiver and Dela No waiver or delay of any provision of this Agreement at any time will be deemed a waiver of any other provision of this Agreement at such time or will be deemed a waiver of such provision at any other time. Article 16. Assignment: Binding Agreement Neither party shall assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Article 17. Governing Law and Venue This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising with respect to this Agreement is subject to the laws of Florida. Venue shall lie in Palm Beach County, Florida. Article 18. Entirety of Contractual Agreement The SHERIFF and the CITY agree that this Agreement sets forth the entire agreement between the Parties, and that there are no promises or understandings other than those stated herein. None Page 445 of 946 of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties hereto in accordance with Article 10 -Modifications of Work. Article 19. Termination This Agreement may be terminated without cause by either party to the Agreement upon 60 days written notice to the other party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date all signatures below are affixed. CITY OF BOYNTON BEACH, FLORIDA By: James Stables, Interim City Manager Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: James A. Cherof, Esquire SHERIFF OF PALM BEACH COUNTY By: Ric L. Bradshaw Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY C Catherine M. Kozol, Esquire Page 446 of 946 6. F. Consent Agenda 5/17/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 5/17/2022 Requested Action by Commission: Legal Expenses - April 2022 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received through Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D ffach irTIENI'lt D A ttaclhhirTIE)111 t D A ttaclhhirTIE)111 t D A ttaclhhirTIE)111 t D A ttaclhhirTIE)111 t D A ttac,lhhirTIE)111 t Description (:.,)oirasir: Clh E)rof Risk Il.....litliga bola I airch 2022 I ir:VOiCE)S (:.,)oir'asir: Clh E)rof lMarch 2022 II ir:VOiCE)S f fUltsidE) COLAII:SE> fll I cJ:::::addasir: I a irch 2022 f L.aitsidE) COLAII:SE> fll If asadoin I a irch 2022 f L.aitsidE) COLAII:SE> fll (3)ENraci I a irch 2022 JlOIIIass II:::::0StE)ir fbwn w: gUia irE) Illifligaflioin I a irch 2022 Page 447 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 04/05/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905607 Boynton Beach FL 33435 STATEMENT NO: 41032 Attn: Lynn Swanson adv. Estate of Stanley Davis III Billing Category: 18 - RLO Claim #22874044 03/24/2022 SHB Telephone conference with City Manager. Lori Laverriere, Julie Oldbury, and Bruce Johnson re: pending case matters. Various correspondence re: public inquiries. 1.10 03/29/2022 SHB Attend meeting with City staff and Outside counsel re: case matters. 1.00 03/30/2022 JAC Call from Chief re: FHP report; call to LL re: same; communicate same to HOURS 03/01/2022 JAC Review draft statements and conf call with staff re same; discuss same with 1.20 03/31/2022 MDC B.Johnson 1.00 03/02/2022 GB Watched press conference of Claimant's attorney and family. Telephone 90.00 GAL BETESH conference call with JAC regarding conference. Email and voicemail to City 225.00 382.50 regarding assertions made on video. 0.90 03/03/2022 GB Telephone conference call and follow up email with City regarding opposing counsel's comments at press conference. 0.40 03/10/2022 GB Emails and conversation with JAC regarding notice from opposing counsel 14.60 3,285.00 regarding public records request for readon. Telephone conference call with City regarding public records request. 0.40 03/24/2022 SHB Telephone conference with City Manager. Lori Laverriere, Julie Oldbury, and Bruce Johnson re: pending case matters. Various correspondence re: public inquiries. 1.10 03/29/2022 SHB Attend meeting with City staff and Outside counsel re: case matters. 1.00 03/30/2022 JAC Call from Chief re: FHP report; call to LL re: same; communicate same to HOURLY RATE TOTAL LL and BJ; R&R FHP report 1.20 03/31/2022 MDC Telephone conference call regarding FHP report 0.40 SHB Various discussion with counsel and staff re: FHP report and case matters. 90.00 GAL BETESH Review FHP summary. Review full FHP report. Various discussions with 225.00 382.50 staff and outside counsel re: report. 4.20 JAC Receipt and review of Florida highway patrol report; follow up calls and conference calls regarding same 4.00 FOR CURRENT SERVICES RENDERED 14.60 3,285.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 6.20 $225.00 $1,395.00 MICHAEL D. CIRULLO 0.40 225.00 90.00 GAL BETESH 1.70 225.00 382.50 Page 448 of 946 CITY OF BOYNTON BEACH adv. Estate of Stanley Davis III TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE Page: 2 04/05/2022 ACCOUNT NO: 306-9905607 STATEMENT NO: 41032 HOURS HOURLY RATE TOTAL 6.30 225.00 1,417.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 3,285.00 $3,285.00 Page 449 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Hughes, Elba (slip & fall) Billing Category: 18 - RLO Claim #21855286 03/24/2022 GB Reviewed updated demand letter from opposing counsel and email to City and Tristar regarding updated demand. Telephone conference call with City regarding settlement. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905573 41024 HOURS 0.50 0.50 112.50 TOTAL $112.50 112.50 $112.50 Page 450 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Dauss, Scott (bicycling accident) Billing Category: 18 - RLO Claim #21855921 ACCOUNT NO STATEMENT NO 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905578 41025 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 451 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Barth, Margaret Billing Category: 18 - RLO Claim #21870612 ACCOUNT NO STATEMENT NO 03/25/2022 GB Telephone conference call with City regarding claim. 03/28/2022 GB Emails with City regarding MOA with FDOT and City's responsibility thereunder. 03/30/2022 GB Telephone conference call with City regarding case status. Email with City regarding pavers. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.70 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905592 41027 HOURS 0.20 0.20 0.30 0.70 157.50 TOTAL 157.50 157.50 $157.50 Page 452 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Felix, Kathleen Billing Category; 18 - RLO Claim #21870336 ACCOUNT NO STATEMENT NO 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905595 41029 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 453 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. KMG Holdings, LLC Billing Category: 18 - RLO Claim #21870498 ACCOUNT NO STATEMENT NO 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905600 41030 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 454 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Allen, Christina Joi (MVA COBB Police Vehicle #3620) (accident 3/24/2021) Billing Category: 18 RLO Claim #21846301 ACCOUNT NO STATEMENT NO 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.20 TOTAL $45.00 Page: 1 04/05/2022 306-9905558 41017 45.00 $45.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 455 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Raffensperger, Danielle (Slip and Fall) Billing Category: 18 - RLO Claim #20822793 ACCOUNT NO STATEMENT NO 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905527 41013 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 456 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Fitting, Ashlei (Slip and Fall) Billing Category: 18 - RLO Claim #20834720 ACCOUNT NO STATEMENT NO 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905531 41014 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 457 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 04/05/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905462 Boynton Beach FL 33435 STATEMENT NO: 41005 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 03/03/2022 GB Emails with Tristar regarding Motion for Summary Judgment and mediation. Emails with City regarding mediation. 0.20 03/04/2022 GB Telephone conference call with City regarding upcoming mediation. 0.10 03/07/2022 GB Pre -Mediation conference calls with City and follow up email in preparation for mediation. 0.50 03/08/2022 GB Telephone conference call with opposing counsel regarding Plaintiff may need to reschedule the mediation. Telephone conference call with City notifying that mediation may need to be rescheduled. Email to mediator and opposing counsel memorializing conversation with opposing counsel regarding rescheduling mediation. Forwarded email to opposing counsel and mediator to City. Attended mediation. Drafted general release. Email to City regarding general release. Email to opposing counsel enclosing general release. Email to Tristar regarding settlement. Email to JAC regarding settlement. 2.60 03/10/2022 GB Emails with Tristar regarding claim and settlement. 0.10 03/22/2022 GB Drafted letter to opposing counsel enclosing settlement check. 0.20 FOR CURRENT SERVICES RENDERED 3.70 832.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.70 $225.00 $832.50 Color photocopies 03/16/2022 Matrix Mediation 1,250.00 Professional Services 1,250.00 Page 458 of 946 CITY OF BOYNTON BEACH adv. Capobianco, Ewa (Charge of Discrimination) TOTAL ADVANCES THRU 03/31/2022 TOTAL CURRENT WORK BALANCE DUE Page: 2 04/05/2022 ACCOUNT NO: 306-9905462 STATEMENT NO: 41005 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,250.00 2,082.50 $2,082.50 Page 459 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Zamudio, Christian Valenzuela (MVA) Billing Category: 18 - RLO Claim #20818365 ACCOUNT NO STATEMENT NO 03/22/2022 GB Emails with City regarding settlement. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905490 41007 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 460 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim #20818346 03/01/2022 GB Began working on responding to Plaintiffs Fourth Request for Production to City. Email to City regarding records requested by Plaintiff. 0.80 03/03/2022 GB Received and reviewed documents responsive to Subpoena Duces Tecum from T -Mobile. Received and began reviewing documents from City in response to Plaintiffs Request for Production. 0.60 03/04/2022 GB Reviewed documents provided by City in response to Plaintiff's Request for Production and email to City regarding documents and requesting additional information. 0.60 03/08/2022 GB Received and reviewed invoices for subpoenas duces tecum. Email to VN approving invoices. 0.10 03/22/2022 GB Telephone conference call with chief of police in preparation for his deposition. 2.50 03/23/2022 GB Telephone conference call with Chief Gregory in preparation for his deposition. Telephone conference calls with City regarding case update. Legal research regarding regarding "due care" standard for officer in pursuit. 2.60 03/24/2022 GB Drafted Responses to Plaintiff's 4th Request for Production. Email to PD regarding documents responsive to request for production. 0.70 FOR CURRENT SERVICES RENDERED 7.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 7.90 $225.00 $1,777.50 Photocopies Page: 1 04/05/2022 306-9905492 41008 Page 461 of 946 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Flake, Natalie (MVA) 03/07/2022 Spine & Orthopedic Specialists of So Fla medical records 03/16/2022 Spine & Orthopaedic Specialists of So FI copy of X-ray Outside Copying 03/16/2022 ExamWorks, Inc. - billing record review Professional Services 03/01/2022 Compass Investigations 2022001343 Service Process TOTAL ADVANCES THRU 03/31/2022 TOTAL CURRENT WORK BALANCE DUE Page: 2 04/05/2022 306-9905492 41008 83.90 1,160.00 1,160.00 1,288.90 3,066.40 $3,066.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 462 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Geraci, Sanford and Meredith Geraci, John (Confrontation/Police Officer) Billing Category: 18 - RLO Claim #19757010 ACCOUNT NO STATEMENT NO 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.20 TOTAL $45.00 Page: 1 04/05/2022 306-9905375 40995 45.00 $45.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 463 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 04/05/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905403 Boynton Beach FL 33435 STATEMENT NO: 40997 Attn: Lynn Swanson adv. Quigley, Theresa (Trip and Fall) Billing Category: 18 - RLO Claim #20180501-01 03/03/2022 GB Emails with opposing counsel regarding depositions. Emails with City regarding Plaintiffs request to depose former City employee. Drafted Request for Production, First Set of Interrogatories and Notice of Service of First Set of Interrogatories to Plaintiff. 1.40 03/04/2022 GB Finalized, filed and served City's First Set of Interrogatories to Plaintiff, First Request for Production to Plaintiff and Notice of Service First Set of Interrogatories to Plaintiff. Emails with City about Plaintiff's request to depose former City employee. Drafted, filed and served Request for Production to Defendant Ferrovial. Telephone conference call with City regarding claim. 1.70 03/10/2022 GB Drafted filed and served request for copies for non-parties subpoenas. 0.30 03/22/2022 GB Telephone conference call with attorney for co-defendant Ferrovial. Reviewed documents produced and provided by Ferrovial's counsel. Email and voicemail to City regarding call with Ferrovial's attorney. 1.10 03/25/2022 GB Reviewed documents produced by Defendant Farreviol in preparation for call with City. Telephone conference call with City regarding documents produced by Defendant Farreviol . 1.00 03/28/2022 GB Emails with City regarding MOA between City and FDOT. Reviewed MOA provided by City. 0.30 03/30/2022 GB Telephone conference call with City regarding case status and strategy. 0.20 FOR CURRENT SERVICES RENDERED 6.00 1,350.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 6.00 $225.00 $1,350.00 TOTAL CURRENT WORK 1,350.00 Page 464 of 946 CITY OF BOYNTON BEACH adv. Quigley, Theresa (Trip and Fall) BALANCE DUE Page: 2 04/05/2022 ACCOUNT NO: 306-9905403 STATEMENT NO: 40997 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $1,350.00 Page 465 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 04/05/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 40999 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 Photocopies 03/16/2022 Need It Now Delivers South Florida 23.00 23.00 TOTAL ADVANCES THRU 03/31/2022 23.00 TOTAL CURRENT WORK 630.50 BALANCE DUE $630.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 466 of 946 HOURS 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. 0.20 03/22/2022 GB Email to City and Tristar regarding trial being reset. 0.10 03/31/2022 GB Received and reviewed Order Granting City's Motion for Summary Judgment. Email to City and Tristar enclosing Order Granting City's Motion for Summary Judgment. Emails with JAC, MDC and SHB regarding Order Granting City's Motion for Summary Judgment. Began drafting memo to City regarding Order Granting City's Motion for Summary Judgment. 1.40 JAC Review M/Summary Judgement and memo to Commission 1.00 FOR CURRENT SERVICES RENDERED 2.70 607.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.00 $225.00 $225.00 GAL BETESH 1.70 225.00 382.50 Photocopies 03/16/2022 Need It Now Delivers South Florida 23.00 23.00 TOTAL ADVANCES THRU 03/31/2022 23.00 TOTAL CURRENT WORK 630.50 BALANCE DUE $630.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 466 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 03/01/2022 GB Legal research for cost appeal regarding finality of order being appealed. Meeting with MDC regarding cost appeal. Continued legal research for cost appeal. 4.60 MDC review appellate issues with Gal Betesh on cost appeal; begin review of rules and materials for oral argument on main appeal 0.50 03/02/2022 GB Continued legal research and reviewing case law cited in Initial Brief. 4.70 MDC review issues with materials to be provided to appellate court for oral argument 0.30 03/03/2022 GB Legal research and outline for Answer Brief in Cost Appeal. 3.60 03/04/2022 MDC review status of appeal, discuss standard of review, with Gal Betesh 0.20 GB Legal research and outline for cost appeal. 3.80 03/07/2022 GB Began drafting Answer Brief in Cost Appeal. 7.00 03/08/2022 MDC review status of compliance with court order on mailing briefs and appendices 0.30 GB Continued drafted answer brief in cost appeal. 4.60 03/09/2022 GB Continued drafting Answer Brief and conducting legal research in Cost Appeal. 5.20 03/10/2022 GB Continued drafting and conducting legal research for answer brief in cost appeal. 4.30 03/11/2022 MDC begin review of draft Answer Brief 0.30 GB Finalized first draft of Answer Brief in cost appeal and email to MDC for review. 4.00 03/14/2022 MDC continue review of cost appeal brief 0.90 03/15/2022 MDC meet with Gal Betesh and review draft Answer Brief in cost appeal 0.90 GB Meeting with MDC regarding edits to answer brief in cost appeal 0.90 03/16/2022 GB Began making edits to Answer Brief in cost appeal pursuant to MDC's Page: 1 04/05/2022 306-9905423 41000 Page 467 of 946 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit comments. 03/17/2022 GB Edits, legal research and draft Answer Brief in Cost appeal. 03/18/2022 GB Continued making edits and drafting Answer Brief in cost appeal. 03/20/2022 MDC DELETE 03/21/2022 MDC review draft brief and provide comments to GB, confer with Gal Betesh on finalizing and filing brief GB Finalized Answer Brief on cost appeal. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 4.30 $225.00 GAL BETESH 61.50 225.00 Color photocopies Photocopies TOTAL CURRENT WORK BALANCE DUE HOURS 5.10 4.90 4.30 Page: 2 04/05/2022 306-9905423 41000 0.90 4.50 65.80 14,805.00 TOTAL $967.50 13,837.50 14,805.00 $14,805.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 468 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury -Carolyn Sims Center) Billing Category: 18 - RLO Claim #001470000440GB 03/25/2022 GB Received and reviewed documents from Plaintiff in response to City's First Request for Production. Email to City regarding discovery. Email to opposing counsel regarding answers to interrogatories remain outstanding. 03/28/2022 GB Received and reviewed Plaintiff's answers to City's First Set of Interrogatories. Email to Tristar and City regarding Plaintiff's Answers. Email to opposing counsel regarding answers. Began drafting Second Request for Production to Plaintiff. 03/30/2022 GB Drafted Second Request for Production to Plaintiff. GB Telephone conference call with City regarding Plaintiff's responses to discovery. Received and reviewed trial order. Email to City and Tristar enclosing trial order and advising of trial and calendar call date. 03/31/2022 GB Email to City regarding Plaintiff's responses to City's First Request for Production. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 2.80 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905310 40991 HOURS 0.60 1.00 0.60 0.50 0.10 2.80 630.00 TOTAL $630.00 630.00 $630.00 Page 469 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 04/05/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905347 Boynton Beach FL 33435 STATEMENT NO: 40992 Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) Billing Category: 18 - RLO Claim #0014700000452GB 03/02/2022 GB Emails with City and Tristar regarding upcoming mediation, case strategy and Plaintiff's request for leave to amend complaint. Telephone conference call with opposing counsel regarding Plaintiffs deposition. Received and reviewed Plaintiffs Motion for Leave to Amend. Legal research regarding standard for leave to amend complaint and s. 786.10, Fla. Stat. 1.10 03/03/2022 GB Drafted, filed and served Re -Notice of Deposition for Plaintiff. Emails with opposing counsel regarding hearing on Plaintiffs Motion for Leave to Amend the Complaint. Reviewed trial order for deadline to amend pleading. 0.40 03/04/2022 GB Drafted, filed and served City's Second Request for Production to Plaintiff. Telephone conference call with City regarding claim. 0.60 03/07/2022 GB Received and reviewed Plaintiff's response to City's Second Request for Production. 0.30 03/23/2022 GB Legal research regarding standard for Motion for Leave to Amend Complaint. Email to opposing counsel regarding agreed order on Motion for Leave. 0.80 03/28/2022 GB Prepared for Plaintiff's deposition. Drafted deposition outline. 4.30 03/29/2022 GB Prepared for Plaintiff's deposition. Reviewed exhibit to Plaintiff's deposition. Deposed Benitez. 5.50 03/30/2022 GB Telephone conference call with Officer Harris in preparation for his deposition. Emails with opposing counsel regarding depositions of City employees and mediation. Pre -deposition meeting with City employee. Telephone conference call with City regarding case status. Telephone conference call with Wayne Carrels in preparation for his deposition. 1.70 03/31/2022 GB Attended deposition of Officer Harris, Wayne Carrells and Dwight Saulter. 2.10 JAC Review discovery status and depositions 0.80 FOR CURRENT SERVICES RENDERED 17.60 3,960.00 Page 470 of 946 Page: 2 CITY OF BOYNTON BEACH 04/05/2022 ACCOUNT NO: 306-9905347 STATEMENT NO: 40992 adv. Benitez, Antonio (Park Injuries) 03/23/2022 TIMEKEEPER JAMES A. CHEROF GAL BETESH Photocopies RECAPITULATION HOURS HOURLY RATE 0.80 $225.00 16.80 225.00 Compass Investigations 2022002551 Service Process TOTAL ADVANCES THRU 03/31/2022 TOTAL CURRENT WORK BALANCE DUE TOTAL $180.00 3,780.00 88.00 88.00 88.00 4,048.00 $4,048.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 471 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim #001470000245GB ACCOUNT NO STATEMENT NO 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 04/05/2022 306-9905029 40988 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 472 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO STATEMENT NO 03/01/2022 GB Prepared for and attended Motion to Stay the Case. 1.00 03/11/2022 GB Telephone conference call with City and Tristar regarding claim review. 0.20 03/24/2022 GB Emails with opposing counsel regarding Lex Eugene's deposition and order on Plaintiffs' Motion to Stay. 0.20 03/25/2022 GB Received and order on Plaintiffs' Motion to Stay. Email to City and Tristar regarding order. 0.20 FOR CURRENT SERVICES RENDERED 1.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.60 $225.00 $360.00 Photocopies 03/16/2022 Messenger Service Federal Express Messenger Service TOTAL ADVANCES THRU 03/31/2022 TOTAL CURRENT WORK BALANCE DUE Page: 1 04/05/2022 306-9905190 40989 75.10 435.10 $435.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 473 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson General Matters ACCOUNT NO: STATEMENT NO: Page: 1 04/06/2022 306-9001821 40985 HOURS 03/02/2022 JAC City commission meeting follow up; review with Swanson and assistant city attorneys; follow up review with Quentin Morgan regarding concessionaires appeal of "disqualification" And related public records requests; follow up with email to Commissioner Penserga regarding estate of DAVIS; calls regarding coordination of closed -door session related to JKM litigation; follow up regarding 1328 S. Federal Highway conditions of approval with development department; reply to City Manager regarding protest; letter to Larry Fagan regarding PBA employee inquiry re separation from service; review FDEP draft operating permit language; follow up regarding conference with CRA attorney Catherine Rossmell and Pierce project lease; Discuss please terms with DJ Doody;New procedures and calls with Clark and City Manager regarding use and transfer of discretionary funds 7.00 SHB Discuss various commission meeting and election matters with JAC and MDC. Follow up re: Robert's rules and meeting decorum matters. Discuss monthly meetings and P&D with MDC, JAC, SS. Discuss parking enforcement matters with HN. 1.80 03/03/2022 DS Discussed Engberg Water Service Agreement with Patricia Kellner. 0.20 DJD Telephone conference with Kathryn Rossmell, Esq re: lease 0.40 SHB Review election ordinances. Meeting the JAC, MDC, and Gibson re: election and meeting matters. Discuss upcoming meetings with City Manager, Lori Laverriere. Discuss various pending matters and upcoming meetings with JAC and MDC. Discuss ARPA subrecipient agreement with HN. Receive and review revised parks ordinance; follow up with HN. Discuss Marsy's law matters with Stephanie Slater. 3.10 JAC Discuss election issues with MC and SB; review pending issues for March 15 meeting; conference call with CRA attorney and DJD regarding lease agreement and funding plan for CRA and City agendas; Telephone conference and revisions to development order with staff; emails regarding same and communication to property owners representative; review commission meeting approval video 5.40 03/04/2022 QEM Review of additional email correspondence from Mr. Torocsik. 0.90 HN Review of email from Ken Dodge re: to closing on 1102 N federal hwy. Phone discussion with Ken Dodge. Phone discussion with Kacy Young regarding the parkmobile contract and email to Kacy Young cc SHB. 0.70 JGH Review correspondence regarding Sunshine law / candidates -elect. 0.20 DJD Telephone conference with City Manager, Lori LaVerriere; Telephone conference with CRA and City r: lease terms for parking facility 1.30 Page 474 of 946 Page: 2 CITY OF BOYNTON BEACH 04/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40985 General Matters HOURS SHB Discuss chronic nuisance matters with Candice Stone. Correspondence re PRR matters with Julie Oldbury. Discuss PRR matters with JAC. 0.60 JAC Review for conference call regarding CRA/city lease agreement with CRA executive Director and attorney and CityManager team; follow up discussion with DJD regarding termination provisions; prepare email to candidates regarding sunshine law on election/prior to swearing in; review opioid litigation settlement document with county and sign off on same; draft email for city clerk regarding post term of office duty to retain public records; review Ernest Mignoli emails; review foreclosure sale issues; review peter torocsik public records request and concerns regarding golf course concession contract; 4.40 03/07/2022 HN Review of email from Crystal Odums at tax collector's office and phone discussion with Ken Dodge. Phone discussion with Kacy Young re: Parks ordinance, edits to ordinance, and email to Kacy Young cc SHB with revised draft. 0.50 DS Researched water service request. Drafted email re: water service request and death certificate. 0.40 OEM Review of additional email re: Ultimate Bakery and Pastry. 0.80 SHB Attend weekly FLOC legislative call; update spreadsheet. 0.30 JAC Review possible election outcomes and timing of swearing in with assistant city attorneys; call with LL regarding same; status of pending assignments and Assistant City Attorneys workload. 1.60 03/08/2022 OEM Review and evaluation of ProQuest Agreement for the Boynton Beach City Library; review of prior addendum for Agreement and respond to Ms. Swanson re: matter. 1.30 HN Phone call to Kacy Young re: parks ordinance. 0.10 JAC On-site office administration issues; review proposed commission agenda items; Review earnest Magnoli emails; 3.50 03/09/2022 MDC review emails on agenda items, confer with Jim Cherof 0.20 HN Email to Kacy Young. 0.10 SHB Travel to City Hall for Special Commission Meeting. Discuss meeting matters with JAC and staff. Review agenda items. 5.00 JAC Office administration issues with Lynn Swanson; review assignments and request from departments; Review for ARPA special meeting; Attend a special meeting (canceled for lack of quorum); Follow up with Vice Mayor 5.00 03/10/2022 OEM Review Lease Agreement with Palm Beach County School District for Police K9 Event Competition. 1.70 SHB Discuss various meeting and sunshine law matters with JAC. Telephone conference with JAC and City Manager, Lori LaVerriere re: various pending matters. Review agenda items. Revise and update legislative spreadsheet; prepare and transmit update memo to City. 3.50 03/11/2022 OEM Review of email correspondence and multiple documents from staff re: Fire Life Safety Contract Renewals for Boynton Beach City 2022; provide staff with initial comments; review of correspondence from Ms. Swanson re: new strategy to move forward with matter. 2.90 MDC confer with Jim Cherof and Shana Bridgeman on Commission transition and agenda matters 0.60 SHB Meeting with JAC and MDC re: commission agenda and various pending matters. Update legislative tracking spreadsheet; transmit to Commissioner Cruz. 1.30 Page 475 of 946 Page: 3 CITY OF BOYNTON BEACH 04/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40985 General Matters HOURS JAC Conference with Assistant City Attorneys to review pending matters and agenda; Review Ernest Mignoli related emails; Review election status and runoff and swearing in issues; calls with Clerk and LL regarding same; Review waste water odor control chemicals and services agreement; follow up regarding public records and ARPA sub recipient agreements; call with commissioner elect; prep for conference with commissioner elect; calls with City Manager regarding conference with Mayor elect; Review Johnson controls agreement for source well 5.40 03/13/2022 SHB Review status of HB 7 and discuss with JFK and SSG. Review status of conclusion of legislative session. Revise and update legislative tracking spreadsheet. 0.50 03/14/2022 MDC review agenda materials for 3/15/22 Commission meeting, meet with new Commissioner; confer with Jim Cherof and Shana Bridgeman on agenda 5.40 SHB matters 1.50 HN Meeting with Commissioner Elect Angela Cruz at City Hall. 2.50 GB Attended meeting with commissioner elect Cruz, JAC, MDC, SHB, QM and 7.80 HN HN. 3.00 QEM Preparation for and meeting with staff in preparation for Commission meeting 0.30 QEM procurement items. 1.30 QEM Meeting with Commissioner Elect Cruz. 1.00 QEM Review of additional documents re: Snack Bar and Restaurant Concessionaire/Ultimate Bakery matter. 0.80 QEM Preparation for and attend City Commission meeting. JAC Attend virtual staff meeting regarding commission agenda; attend virtual conference regarding transition meetings with new members of city 4.60 SMS commission and development 101 for new commission; prepare for and conference with commissioner elect; follow up checklist for additional items to 0.80 BJS review with commissioner; review with Lynn Swanson regarding pending 0.30 issues and assignments to Assistant City Attorneys; Review of earnest Magnoli emails; review emails from concessionaire pending protest 6.50 SHB Attend leadership team meeting. Prep for meeting with Commissioner -Elect Cruz. Prepare Sunshine Law presentation. Attend meeting with Commissioner -Elect Cruz, JAC, MDC, QEM, GB, HN. 6.10 BJS Review correspondence and question from Glenn and follow up legal research 0.90 03/15/2022 MDC review materials, relevant ordinances for meeting preparation, review emails Page 476 of 946 and call with City Clerk on runoff election matters, confer with Jim Cherof on agenda matters, prepare for and attend Commission meeting 5.40 SHB Discuss election matters with MDC and City Clerk. Transmit legislative update to Commissioner Cruz. Various meetings and discussions with MDC and JAC re: commission meeting. Attend commission meeting at City Hall. 7.80 HN Discussion with Lynn Swanson re: Promissory Note review under the forgivable loan program. Started reviewing note. 0.30 QEM Preparation for and attend Commission meeting. 3.60 QEM Review and assist procurement staff with Q&A to RFP. 0.90 JAC Calls, preparation, and follow up regarding city commission meeting; attend meeting virtually; discuss procurement challenge with Quentin Morgan; review promissory note and commercial property improvement grant program issues; Review and response to Andrew Mack regarding town Square records and possible meeting with interested developer 4.60 SMS Review of Code and correspondence with Engineer related to Bond for Water/Sewer. 0.80 BJS Telephone call with Glenn Wexler and follow up with Lynn Swanson 0.30 Page 476 of 946 Page: 4 CITY OF BOYNTON BEACH 04/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40985 General Matters HOURS 03/16/2022 MDC follow up on Commission meeting 0.20 QEM Review of pleadings filed by Ultimate Bakery. 2.00 QEM Review and discuss with Ms. Pinto addendum questions. 0.50 QEM Review to inquiry from Library staff re: Proquest license renewal; draft 0.40 BJS addendum and transmit to staff. 0.90 JAC Email mayor elect regarding conference to discuss meeting protocols; review 2.20 JAC and coordinate meeting with Michael Rumpf regarding recreation impact fees; 1.60 QEM Call Code regarding same; call from Bradley Miller regarding motion to 1.70 QEM reconsider hearing process; calls and review regarding earnest Magnoli incident and harassment/interference; review legislative action on retirement 1.30 QEM benefits for public employees; review final legislative action report and adopted legislative bills; discuss with assistant CityAttorney; review utilities Director 0.70 JAC inquiry regarding Lantana emergency connection agreement; Review Wawa at Woolbright Congress unity of title issue; Commission meeting follow up with 6.30 Mike Cirullo and Shana Bridgeman 5.00 03/17/2022 QEM Review of documents re: FIBRS Interface and QED Contract. 1.20 SHB Follow up re: commission and meeting matters. Various correspondence re: citizen incident. 0.80 RLL Perform search to find recorded deeds to City. 0.40 BJS Review and revise lien reduction order and telephone conference with 0.60 QEM Candace Stone, follow up with JAC 2.20 JAC Review and respond to city clerk regarding public records request; review 1.60 QEM commercial property improvement commission approval issue with John 1.70 QEM Durgan; Search in review of deeds or other transmittal/conveyance documents concerning meadows groves and adjacent vacant properties; records research 1.30 QEM regarding same following discussion with Michael Rumpf; preliminary review of declaration of unity of title for Wawa property; conference with assistant city 0.70 JAC attorneys regarding assignments and caseload; find up regarding election results and finality for swearing in 6.30 03/18/2022 JFK research re: appointment matters; 0.20 HN Review and email to Lynn Swanson with no changes to promissory note for forgivable loan program. Email exchange with Kacy Young re: park ordinance. Email exchange with SHB re: BBPD Officer Selection contract and question re: to sole source. 0.60 QEM Preparation of demand letter for FIBRS Interface and QED; transmit draft to staff. 1.60 QEM Finalize review of cafe questions and coordinate same with Ms. Pinto. 1.70 QEM Review and edit draft Fire Life Safety Contract Renewals for Boynton Beach City 2022; transmit edits to staff for review. 1.30 QEM Review of and follow-up with Ms. Swanson re: Liquor License at the Links issue. 0.70 JAC Review and revise meeting decorum issues and guidance for Commission; discuss same with Mike Cirullo and Shana Bridgeman; review evolution of motion to reconsider procedure and discuss with Shana Bridgeman; review deed language regarding revision Recreational dedications; legal research regarding expiration of dedications; review issues concerning Anderson Slocombe and discuss with CityManager 6.40 Page 477 of 946 Page: 5 CITY OF BOYNTON BEACH 04/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40985 General Matters JAC Review Ernest Magnoli correspondence; Follow up regarding commercial property improvement forgivable loan program; review garnishment answer Ellis; continued review of ultimate bakery dispute in preparation for commission meeting; General review of pending state legislative issues concerning municipalities; follow up regarding interconnection agreement with Lantana; review meeting and briefing conference calendar with Lynn Swanson; Follow up regarding 1320 South Federal Highway motion for reconsideration and continuation of quasijudicial proceeding/discuss with Michael Rumpf/discuss with Mike Cirullo and Shana Bridgeman; review contract for consulting services with Morris and Daniels Inc.; Evaluation of elements of battery; SHB Discuss citizen trespass matters with City. Research and discussion with JAC and GB re: prohibiting entry to city property. Follow up re: NTA and police reports. 03/21/2022 MDC confer with Shana Bridgeman on meeting decorum issues, prepare for call with Mayor -elect Penserga; review emails on pending matters (planning, ARPA, 1320 S Federal Highway) QEM Review of updated status re: Demand Letter; FIBRS Interface and QED. SHB Follow up with Mayor re: meeting decorum matters. Various correspondence re: PRR matters. SMS Correspondence related to Unity of Title. 03/22/2022 MDC review Lantana ILA re: water main connection, review emails on pending matters; call with Utilities Director on Lantana Connection Agreement HN Review of email from Kacy Young re: noise ordinance. DS Researched Florida Statutes, Public Services Commission, and F.A.C. re: smart meters. QEM Review and edit Cafe Question responses; coordinate with staff. QEM Finalize and send demand letter for FIBRS Interface project. SHB Various discussions with GB re: decorum and trespassing matters. Attend meeting with City staff re: decorum and trespass matters; follow up with JAC and MDC. Prepare contact log. Review request for publishing. Revise and update legislative tracking spreadsheet. JAC Review planning and development board agenda and discuss with SS; Review request for publication; review discovery schedule and pending litigation and follow up with Assistant City Attorneys. SMS Prepare for and attend Planning and Development Board Meeting; Review of Unity of Title. 03/23/2022 DS Reviewed 1140 Water Service Agreement and owner information. MDC follow up on Wawa Unity of Title, call with Jim Cherof and Shana Bridgeman to discuss pending matters; attend call with Ty Penserga HN Review and edits of agreement between the City and Morris & McDaniel, Inc. Left voice messages for Kristeena Pinto and Deputy Police Chief Vanessa Snow re: sole source. Phone discussion with Kristeena Pinto. Review of the City's sole source justification form. Review of documents sent from Crystal Gibson that were disclosed in response to a public records request related to an employee. Review of sunshine manual and Chapter 119, Florida Statutes re: date of birth and address of employees. Email to Shana Bridgeman with legal analysis. Discussion with Shana Bridgeman. Email to Crystal Gibson cc Lori, Julie Oldbury, Mara Frederickson, and SHB with legal analysis responding to Crystal's public records question. HOURS 2.50 MYk, 0.80 0.60 0.60 0.50 1.00 0.10 0.50 2.30 0.70 4.20 3.00 4.70 0.20 2.30 3.30 Page 478 of 946 Page: 6 CITY OF BOYNTON BEACH 04/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40985 General Matters SHB Various correspondence re: PRR matters. Discuss reporting matters with Assistant City Manager, Matos. Discuss pending matters with MDC and JAC. Telephone conference with Rumpf re: notice for quasi-judicial hearing. Meeting with MDC and Mayor re: meeting procedures. Discuss PRR matters with HN. Attend Chronic Nuisance meeting. JAC Follow up evaluation regarding election issue/runoff; review District reconfiguration boundary issues and follow up today; review development 101 orientation outline and CityAttorney input; update provisions for same; review status of ultimate bakery public records responses and litigation 03/24/2022 MDC review emails on pending matters, telephone call with Bradley Miller on 1320 Fed Highway, review commission protocols, t/c with Mike Rumpf on 1320 Federal Highway agenda materials HN Phone discussion with Deputy Chief Vanessa Snow. Email to SHB based on discussion with Deputy Chief Snow. Review of email from Crystal Gibson re: public records request review. Phone conference with Kacy Young re: park ordinance. Email to Adam Temple. Review of Watkins v. Shields. Edits to park ordinance. Review of any new case law re: first amendment and sound in parks. Phone discussion with Kacy Young. GB Began drafted trespass warning ordinance and decorum at City owned property ordinance. Legal research for ordinances. Telephone conference call and emails with Florida League of Cities in preparation for drafting these ordinances. Reviewed material from Florida League of Cities in preparation for drafting these ordinances. Telephone conference call with City regarding Art Insurance Agreement. SHB Telephone conference with MDC and Bradley Miller. Discuss various pending matters with MDC and JAC. Prepare resolution re: public meetings. JAC New commission transitional planning and meeting with Assistant City Attorneys; discussions with CityManager; review and revise public meeting procedures and decorum issues; review outcome of mobility litigation Palm Beach Gardens; review pending assignments and request from staff 03/25/2022 HN Review of sole source letter sent from Deputy Chief Vanessa Snow. Email exchange with Vanessa Snow. MDC call with Jim Cherof and Shana Bridgeman on meeting protocols; review status of April 5 agenda items, call with Mike Rumpf on 1320 South Federal Highway GB Edits to Art Agreement. Email to City enclosing draft Art Agreement for his review and approval. DS Researched 1140 Highview authorized signatory for water service agreement (Utilities). Researched smart meter opt out laws (Utilities). GB Drafted trespass ordinance and decorum ordinance and email to SHB for review and approval. SMS Review of sunshine law and public records presentation. JAC Research regarding smart meters, privacy, and opt out; review swearing in procedures with city attorneys and city clerk; prepare outline for briefing issues; follow up with Quentin Morgan regarding ultimate bakery; research acquisition of services by sole -source contracting; review assistant CityAttorney assignments; follow up with Shana Bridgeman regarding briefing a commissioner on property rights and takings; review request for publishing East water treatment plant generator repair; follow up regarding 1320 Federal Highway project process; Review earnest Magnoli emails; review bamboo and Palmer project tracking spreadsheet and noticed the property owners; HOURS 5.00 4.80 1.30 3.60 4.10 5.00 0.30 0.80 1.50 0.70 1.60 0.50 IN Page 479 of 946 Page: 7 CITY OF BOYNTON BEACH 04/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40985 General Matters Page 480 of 946 HOURS SHB Meeting with JAC and MDC re: orientation meeting for Commissioner Turkin. Correspondence from Commissioner Cruz re: property rights matters; transmit Bert J. Harris provisions to Cruz. Revise draft resolution for meeting decorum and transmit to Mayor. Follow up re: certified election results. Discuss swearing in matters with City Clerk Gibson, JAC, MDC. 3.10 03/28/2022 OEM Review and evaluation of PNC Equipment Finance Agreement for Pace Shield Golf Carts. 1.60 MDC review materials, prepare for and attend meeting with Commissioner -elect Turkin 2.00 HN Review of sole source letter sent from Deputy Chief Snow. Phone discussion with Deputy Chief Snow. Discussion with Lynn Swanson re: pending matters. 0.30 OEM Attend Meeting with Commissioner Thomas Turkin (Boynton District 3). 2.20 DS Discussed smart meters with Utilities Department. Reviewed City Code and Florida Statutes re: tampering with meters. Drafted email to Utilities re: smart meters. 0.70 HN Preparation and attendance of meeting with Commissioner Turkin. 2.40 SHB Review and sign agreements. Attend meeting at City Hall with Commissioner Turkin. Follow up with Commissioner Cruz re: property rights and quasi-judicial matters. Telephone conference with Commissioner Cruz. 4.00 JAC Review pending assignments and requests from city staff; review budget preparation issues CAO; attend conference with commissioner via telephone; review of CityAttorney office memorandum regarding transition in training for new commissioners; update quasijudicial proceeding procedures; review agenda items; conference call with Lynn Swanson regarding records issue 5.50 BJS Review and follow up with Lynn Swanson re: Code Enforcement Special Magistrate Orders 0.30 03/29/2022 GB Emails with City regarding Art Agreement. 0.10 OEM Review and evaluation of ProQuest PQ10091791 (Boynton Beach City Library) agreement and comments from contractor; coordinate response with staff. 1.20 SHB Various correspondence re: commission meeting, election certification, and procedural matters. Telephone conference with City Clerk Gibson re: quasi-judicial hearing matters. Review and approve agenda items. Discuss gift card agenda item with City staff. Attend ultimate bakery meeting re: status of litigation. Discuss quasi-judicial matters with MDC. 4.10 OEM Begin review of AppleOne Conditions of Services Agreement; review of prior agreement for service. 1.10 HN Email exchange with John Durgan related to his question about the promissory note execution. 0.10 MDC review agenda items for April 5, 2022, Commission meeting, confer with Shana Bridgeman 0.60 JAC Continue review of pending agenda items for Commission meeting; review status of Commission transition issues with Mike Cirullo and Shana Bridgeman; review status of tort defense summary chart 2.80 03/30/2022 MDC review emails on Lantana Agreement, revise power point re: quasi-judicial hearings; confer with Jim Cherof on pending matters, review materials for Short Term Rentals for new Commissioner 1.20 HN Phone discussion with Adam Temple regarding the parks ordinance. Email to Kacy Young cc Adam Temple and Shana Bridgeman with parks ordinance. Drafted memo re: certificate of title. 0.50 JAC Review pending agenda items for commission meeting; review PowerPoint for development 101 training conference with Commissioners; 2.20 Page 480 of 946 CITY OF BOYNTON BEACH General Matters Page: 8 04/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40985 DS Reviewed DOE comments on procurement policy. Reviewed articles of incorporation and florida statutes re: Honomu LLC. Drafted email to Patty Kellner re: Honomu LLC. SHB Review and approve agenda items. Review powerpoint presentation re: quasi-judicial matters and discuss with MDC; transmit to Amanda Radigan SMS Review of Interconnection Agreement with Lantana and related correspondence. 03/31/2022 MDC review status of agenda items for 4/5/22 meeting, review short term rental matters for Commissioner Turkin SHB Review and approve agenda item. Discuss trespass matters with Assistant City Manager, Matos. Review status of pending legislative bills, revise spreadsheet, and coordinate bill memos. DS Discussed Federal Grants and revenue generating contracts with Kristeena Pinto. JAC Finalize and review and preparation regarding city commission meeting agenda; discuss agenda items with assistance CityAttorneys; Review legal notice send to Mayor Penserga regarding credit issue; prepare departmental budget submittal; review RAISE grant issue; FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.90 5.40 1.00 0.60 1.10 0.40 3.50 285.80 20,224.50 20,224.50 $20,224.50 Page 481 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. VGH Association, Inc. (Nelson, Meltem E.) ACCOUNT NO: STATEMENT NO: 5 / Page: 1 04/05/2022 306-9905618 41034 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 482 of 946 HOURS 03/29/2022 HN Review of complaint, review of second mortgage and payoff information. Phone discussion with Chris Mitchell. Review of Chapter 720, Florida Statutes relating to priority of HOA liens over mortgages. Review of case law relating to priority of second mortgage over HOA assessment lien. 1.20 03/30/2022 HN Drafted motion to dismiss and in the alternative, motion for a more definite statement. Email to SHB with draft. 0.80 FOR CURRENT SERVICES RENDERED 2.00 450.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 2.00 $225.00 $450.00 TOTAL CURRENT WORK 450.00 BALANCE DUE $450.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 482 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905567 41021 HOURS 03/02/2022 GB Met with HN regarding discovery and edits to discovery. Emails with HN regarding motion to compel. 0.50 HN Edits to motions to compel. Review of case law re: notice of deposition. 1.70 03/03/2022 GB Meeting with HN regarding Plaintiffs' depositions. Reviewed case law regarding motion to compel depositions. 0.60 MDC confer with Heather Needelman on discovery issues 0.30 HN Discussion with Karen Ho re: deposition dates. Discussion with GB. Email to Karen and Wing Ho cc GB and MDC. Edits to notice of taking deposition of Karen Ho and Wing Ho. Review of case law relating to notice of deposition for party opponent. Email to MDC cc GB. Edits to Motion to Compel expert reports. Email to Karen Ho and Wing Ho cc MDC and GB following up re: reports in compliance with Rule 26. 1.70 03/04/2022 HN Review of Federal Rule of Civil Procedure 30 and 45 regarding notice of deposition. Edits to notice of depositions and subpoena. Email exchange with GB. Edits to Motion to Compel expert reports. Review of Rule 26(a)(2) of Federal Rules of Civil Procedure. Review of case law relating to motion to compel a more complete expert report. Email to Karen and Wing Ho cc GB re: motion to compel expert reports. 2.60 GB Reviewed and edits to Motion to Compel Expert Reports. Email to HN with edits. 0.30 03/07/2022 HN Edits to motion to compel expert reports and review of exhibits. 1.70 03/08/2022 HN Review of email from mediator's office. Review of email from Karen Ho. Discussion with GB. Phone call and email exchange with Julie Oldbury re: mediation. 0.40 03/14/2022 MDC confer with Heather Needelman and review order on Motion to Dismiss 0.30 HN Review of Judge's Order relating to Rooker -Feldman Doctrine. Discussion with MDC about the order. 0.20 03/17/2022 HN Email exchange with mediator's office. Drafted current status of case for RLO chart. 0.50 03/22/2022 HN Preparation for meeting with MDC to discuss case status. Meeting with MDC. Email to Karen and Wing Ho relating to appearing by zoom for mediation. Review of filings by plaintiffs responding to court's order re: Rooker -Feldman doctrine and response to the City's request for production. Email to MDC cc GB. Review of local rule 7.1(c). Review of Federal Rule of Page 483 of 946 CITY OF BOYNTON BEACH adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) Page: 2 04/05/2022 ACCOUNT NO: 306-9905567 STATEMENT NO: 41021 Civil Procedure 37(b)(2) relating to sanctions for failure to respond to Request for Production. Discussion with GB. Email to Karen and Wing Ho relating to docket entry 80. MDC confer with Heather Needelman on status of case, discovery issues and mediation 03/23/2022 HN Review of local rule 16.2. Review of email to mediator's office. Drafted Motion to conduct mediation via zoom and proposed order. Email to MDC and GB with draft motion and proposed order. Email exchange with MDC re: motion to compel production. Updated email to Plaintiffs with a revised date for them to comply with rule and produce or response to City's request for production. Drafting motion to compel production and for attorneys fees. 03/24/2022 HN Review of the court's order granting City's Motion to Dismiss. Email exchanges with JAC and MDC. Discussion with GB. Drafting memo to Mayor, Commission, and City Manager re the order. HOURS 2.60 0.40 2.20 1.50 03/28/2022 HN Follow up email to JAC re: draft memo related to Judge's order of dismissal. 0.10 03/30/2022 HN Meeting with MDC to discuss status of case. Email to Karen Ho and Wing Ho cc MDC and GB. Phone discussion with Adam Temple. Edit to memo re: the court's recent order of dismissal. 03/31/2022 HN Review of federal rule of civil procedure 6 and local rules re: motions to extend time on pretrial deadlines. Started drafting motion for stay and extension of pretrial deadlines. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE MICHAEL D. CIRULLO 1.00 $225.00 HEATHER NEEDELMAN 18.50 225.00 GAL BETESH 1.40 225.00 Photocopies 03/08/2022 Messenger Service Federal Express Messenger Service TOTAL ADVANCES THRU 03/31/2022 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.80 2.50 20.90 4,702.50 TOTAL $225.00 4,162.50 315.00 23.67 23.67 23.67 4,726.17 $4,726.17 Page 484 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. The Preserve at Boynton Beach (50 Friends Fund Capital) ACCOUNT NO STATEMENT NO Page: 1 04/05/2022 306-9905566 41020 ..,,, elf HOURS 03/02/2022 SHB Receive and review proposed stipulation. Review docket and pleadings filed to date. 0.60 03/10/2022 SHB Finalize and sign stipulation. Transmit to opposing counsel. 0.30 FOR CURRENT SERVICES RENDERED 0.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.90 $225.00 $202.50 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 202.50 202.50 $202.50 Page 485 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson City of Boynton Beach, Beneficiary of the Estate of Bernard Winiker 03/28/2022 SMS Review of documents and call with Counsel for the Personal Representative. FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905560 41018 HOURS 0.60 0.60 135.00 RECAPITULATION HOURS HOURLY RATE TOTAL 0.60 $225.00 $135.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 135.00 $135.00 Page 486 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905512 41010 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 487 of 946 HOURS 03/03/2022 HN Review of sterling land trust filings re: attorney lien. Phone discussion with Tanya Guim. Review of documents sent from Tanya. 0.60 SHB Discuss surplus funds and property ownership matters with HN. 0.30 03/04/2022 HN Email to Crystal Gibson for certified copy of documents. Review of court's order granting plaintiffs motion for post judgment attorney's fees and costs. Review of city clerk's certification. 0.40 03/07/2022 HN Review of amended response. 0.40 03/09/2022 HN Email exchange with SHB re: amount reduced from surplus funds due to post judgment fees granted by the court to plaintiffs counsel. 0.10 FOR CURRENT SERVICES RENDERED 1.80 405.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.50 $225.00 $337.50 SHANA H. BRIDGEMAN 0.30 225.00 67.50 TOTAL CURRENT WORK 405.00 BALANCE DUE $405.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 487 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) 03/01/2022 HN Review of court administrative order 3.301 re: foreclosure sales. ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905433 41003 HOURS 0.10 03/03/2022 HN Review of email from Brian Goldstein relating to foreclosure sale. Email to JAC. Discussion with Karen Ho re: court reporter. Review of auction website information for the March 17, 2022 sale. Calculated post judgment statutory rate. 0.70 03/04/2022 HN Discussion with real auction regarding auction fee. Discussion with JAC. Email to JAC cc MDC. Phone discussion with Adam Temple. Email to Adam Temple cc JAC. 0.50 03/07/2022 HN Review of email from Adam Temple. Email response to Adam Goldstein cc JAC. 0.10 03/08/2022 HN Emailt to JAC cc MDC re: foreclosure sale on 3/17. Edits to cover letter to clerk's office re: payment of electronic online auction fee. Meeting with MDC to discuss judgment on fees. 0.60 MDC confer with Heather Needelman on execution of attorneys fees judgment 0.30 JAC Review bidding procedure for City in foreclosure action; discuss with HN 0.30 03/09/2022 HN Phone call discussion with Adam Temple. Email to Adam Temple cc JAC and MDC memorializing discussion. Review of email from Adam Temple. 0.30 03/11/2022 HN Review and edits of Adam Temple Affidavit of address. Email to Adam Temple with Affidavit for review. 0.20 03/16/2022 HN Preparation and review of auction website for foreclosure sale tomorrow. Phone discussion with Adam Temple re: Documentary Stamp tax and email to JAC cc GB. 0.60 03/17/2022 HN Double check auction information. Review of fee calculation worksheet post sale. Discussions with JAC. Email to Mara Frederiksen and Lori LaVerriere. Email to Adam Temple. Drafting memo relating to the sale. Phone discussion with realauction. Email to customer service for real auction. Email exchange with JAC. Email to JAC with draft memo. Emailed memo to Mayor -Elect, City Commission and Commissioner -Elect Cruz. 3.60 JAC Review status of foreclosure in foreclosure sale options and procedures with Heather and follow up with manager and city commissioner 0.80 03/21/2022 HN Review of Designation to Approved Court Reporter and documents to include in the record. Email exchange with MDC. Review of comparison of Page 488 of 946 Page: 2 CITY OF BOYNTON BEACH 04/05/2022 ACCOUNT NO: 306-9905433 STATEMENT NO: 41003 v. Ho, Benjamin and Karen (Code/Foreclosure) missing docket entries from Hos list of documents 03/22/2022 HN Preparation for meeting with MDC to discuss appeal. Meeting with MDC. 03/25/2022 HN Review of certified judgment for attorneys fees and affidavit to be recorded. RLL Prepare recording of the Final Judgment for fees in the public records. 03/30/2022 HN Phone discussion with Adam Temple re status of sale. Review of Certificate of Title and email to JAC cc MDC. JAC Review certificate of title and follow up with HN regarding next steps for possession 03/31/2022 RLL Prepare recording of certified copy of final judgment in the public records. JAC Follow up regarding enforcement of ownership rights following acquisition of certificate of title; FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE JAMES A. CHEROF 1.60 $225.00 MICHAEL D. CIRULLO 0.30 225.00 HEATHER NEEDELMAN 8.30 225.00 RACHEL L LEACH 0.60 125.00 Photocopies 03/16/2022 Messenger Service Federal Express Messenger Service 03/08/2022 Palm Beach Clerk & Comptroller 03/15/2022 Certified Copies Palm Beach Clerk's office Filing fee TOTAL ADVANCES THRU 03/31/2022 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.60 0.40 0.10 0.30 0.50 0.20 0.30 0.30 10.80 TOTAL $360.00 67.50 1,867.50 75.00 2,370.00 18.33 18.33 70.00 8.28 78.28 96.61 2,466.61 $2,466.61 Page 489 of 946 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905432 41002 Laurore, Iva and Renan (Code/Foreclosure) HOURS 03/01/2022 HN Review of certificate of mailing notice of hearing. Review of local bankruptcy rule 9011-413. 0.10 KLE Telephone conference with Linda Leali Chapter V Trustee, review Order setting hearing on Motion for Rehearing, Review NOTICE OF FILING 1188(C) REPORT 0.80 03/02/2022 HN Preparation and participation of conference call with Kerry Ezrol, Shana Bridgeman and Subchapter 5 Trustee, Linda Leali, in bankruptcy matter. Review of emails from city staff as to status of property and lack of compliance with chronic nuisance agreement. 0.60 KLE Prepare for and attend conference call with Linda Leali, Ch V Trustee 0.80 SHB Various correspondence with City re: status of chronic nuisance and code violations. Telephone conference with KLE, HN, and Trustee Leali re: bankruptcy and case matters. 0.90 03/03/2022 HN Review of emails between SHB, City staff and Linda Leali. 0.20 KLE Review bankruptcy documents 0.80 SHB Receive and review update from City re: failure to comply with chronic nuisance requirements; follow up with Linda Leali. 0.30 03/07/2022 HN Review of email from Tanya Guim re: payment from Chapter 13 trustee relating to liens owed on the subject property. 0.10 03/08/2022 HN Review of staff email exchange with Kerry Ezrol regarding liens merging into judgment. 0.10 KLE Email from and to Lynn 0.20 03/09/2022 HN Review of Laurore's Response and cited case law. Email to Kerry Ezrol regarding Laurore's response. Started drafting reply. 0.80 KLE Review Laurore's response to Motion for Rehearing, conference with Heather Needelman 0.70 03/10/2022 KLE Attend Creditor's meeting, Review Trustee's Amended Final Report; Telephone conference with Chapter V Trustee 1.50 03/11/2022 HN Review of email from Linda Leali. Review of email from Shana Bridgeman. Response email to Shana. Review of In re: Keffer case and drafting Reply. Review of emails from Gayla Hill and Greg Cafaro. 1.80 KLE Telephone conference with Chapter V Trustee, review email and related documents from Chapter V Trustee 0.40 SHB Receive and review correspondence from Linda LEali re: possible Page 490 of 946 Page: 2 CITY OF BOYNTON BEACH 04/05/2022 ACCOUNT NO: 306-9905432 STATEMENT NO: 41002 Laurore, Iva and Renan (Code/Foreclosure) HOURS compliance with chronic nuisance requirements; follow up with City to confirm compliance. 0.30 03/14/2022 HN Edits to Reply and further review of Trepetin and Keffer cases. 0.80 KLE Review Order Discharging Trustee, review emails from City staff re: status of violations, 0.30 03/15/2022 HN Review of emails relating to staffs inspection of subject property. Edits to Reply. Review of Steven Stars case. Email to Kerry Ezrol with draft Reply. Review of emails between trustee and Kerry Ezrol and Shana Bridgeman. 2.40 KLE Email from and to Chapter V Trustee 0.30 03/21/2022 HN Meeting with Kerry Ezrol to discuss Reply to Debtor's Response to City's Motion for Rehearing. Review of case law cited by Debtor relating to statutory interpretation. Added section to Reply relating to statutory interpretation and conflicting statutes. Email exchanges with Kerry Ezrol. 2.80 KLE Review and revise Reply, conference with Heather Needelman, 1.60 03/22/2022 HN Email exchange with Kerry Ezrol. Edits to Reply. 0.20 KLE Review revised reply, conference with Heather Needelman, email from Chapter V Trustee and to and from Shana Bridgeman 0.80 03/23/2022 HN Review of email exchanges between bankruptcy trustee, Shana Bridgeman and staff relating to compliance with chronic nuisance agreement terms. 0.20 KLE Emails from and to Chapter V Trustee, follow up with Shana Bridgeman and others re: status of code/nuisance matters, Review revised Reply, conference with Heather Needelman, email from Chapter V Trustee and to and from Shana Bridgeman 1.20 03/28/2022 SHB Follow up with staff and KLE re: status of chronic nuisance abatement. 0.30 KLE Conference with Shana Bridgeman re: status fo City's review of pending code matters in response to Chapter V Trustee, 0.20 03/29/2022 KLE Review emails from City staff re: violations and nuisance 0.20 SHB Receive and review additional correspondence from City re: incomplete abatement items; discuss case matters with HN. 0.30 FOR CURRENT SERVICES RENDERED 22.00 4,950.00 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL KERRY L. EZROL 9.80 $225.00 $2,205.00 HEATHER NEEDELMAN 10.10 225.00 2,272.50 SHANA H. BRIDGEMAN 2.10 225.00 472.50 TOTAL CURRENT WORK 4,950.00 BALANCE DUE $4,950.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 491 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. NationStar Mortgage (Perkins, Gloria) ACCOUNT NO STATEMENT NO Page: 1 04/05/2022 306-9905431 41001 03/29/2022 SHB Receive and review motion to substitute party. Receive and review correspondence from counsel re: setting hearing on motion. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 _................ 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 492 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Litigation Miscellaneous ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9904950 40987 HOURS 03/03/2022 SHB Receive and review order re: White Rose Homes; follow up with Magistrate. 0.30 03/04/2022 JAC Review weekly pleadings and discovery status issues with assistant city attorneys on pending tort defense and foreclosure actions 1.40 03/10/2022 GB Emails with City regarding claim review telephone conference call with City and Tristar. Reviewed reports for each claim to be discussed on call in preparation for the claim report call. 0.60 03/11/2022 GB Telephone conference call with City and Tristar regarding Elyssa Allen, Claim No:21846301 claim review. 0.20 03/16/2022 JAC Preliminary review and evaluation of ultimate a bakery lawsuit; emails regarding assignment of case 0.80 03/17/2022 JAC Preliminary review of ultimate bakery litigation and assignment to risk defense counsel; miscellaneous research regarding standing and exhaustion of administrative remedies for evaluation conference with outside counsel 2.00 03/18/2022 GB Legal research regarding ability to ban a citizen from public places. Telephone conference calls and emails with SHB regarding research. 3.00 03/21/2022 QEM Preparation for and meeting with Counsel re: Ultimate Bakery v Boynton Beach. 1.20 SHB Attend meeting with City staff and outside counsel re: Ultimate Bakery matters. Various discussions with GB and research re: citizen access to City Hall. 2.00 GB Drafted memorandum regarding banning citizens from public places. Reviewed City code for special magistrate authority to ban an individual from public places. Drafted timeline based on affidavit of all issues with Ernest Young. Emails with SHB regarding research and timeline. 2.30 03/22/2022 GB Continued drafting timeline of incidents between City staff and Ernest Mignoli. Edits to memo adding incidents between City staff and Mignoli. Email to SHB attaching revised memo and timeline. Revisions to memo pursuant to SHB's comments to include possible violations of City Code and Florida Statues. Emails with SHB regarding. timeline and memo. Edits to timeline pursuant to SHB's comments. Meeting with SHB and City staff regarding Ernest Mignoli. Telephone conference call with SHB regarding meeting with City 3.10 Page 493 of 946 CITY OF BOYNTON BEACH Litigation Miscellaneous Page: 2 04/05/2022 ACCOUNT NO: 306-9904950 STATEMENT NO: 40987 QEM Telephone conference with Counsel re: Ultimate Bakery; review of email correspondence from staff re: Ultimate Bakery. 03/23/2022 QEM Review of latest updates from outside counsel and staff re: Ultimate Bakery matter; telephone conference with outside counsel; update Mr. Cherof re: matter. 03/24/2022 QEM Review of documents provided by Mr. Hochman re: Ultimate Bakery; telephone conference with Mr. Hochman and staff re: matter. 03/25/2022 SHB Review and revise correspondence to White Rose re: chronic nuisance matters. 03/29/2022 QEM Meeting with staff and outside counsel re: Ultimate Bakery matter. 03/30/2022 QEM Telephone conference with City Manager re: Ultimate Bakery matter; follow-up with Mr. Hochman re: matter; review of documents received from Mr. Hochman re: matter; review of email multiple correspondence received from staff re: matter BJS Review correspondence from Greg Cafero re: Return of Fire/Baker Act, legal research and draft response 03/31/2022 BJS Review forfeiture reports re: Johnson/22-003443, legal research and telephone call with Thomas D'Andrea FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF QUENTIN E. MORGAN GAL BETESH SHANA H. BRIDGEMAN BRIAN J. SHERMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 4.20 $225.00 8.50 225.00 9.20 225.00 2.70 225.00 2.60 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS ;�>GIf 1.60 2.60 0.40 0.70 1.80 1.30 1.30 27.20 6,120.00 •., $945.00 1,912.50 2,070.00 607.50 585.00 6,120.00 $6,120.00 Page 494 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Bamboo/Palmer Special Assessment ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905495 41009 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 495 of 946 HOURS 03/08/2022 DS Sent follow up email re: final notice letter. 0.10 03/17/2022 DS Followed up via voice message with Waneya Bryant and Chris Roscheck re: final connection letter. 0.10 03/22/2022 DS Reviewed final connection and payment required letter. Drafted email to department re: updated draft letter. 0.30 03/25/2022 DS Reviewed tracking spread sheet for bamboo/palmer project. Discussed bamboo palmer with Patty Kellner. 0.20 FOR CURRENT SERVICES RENDERED 0.70 157.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DANIELLE SCHWABE 0.70 $225.00 $157.50 TOTAL CURRENT WORK 157.50 BALANCE DUE $157.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 495 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General ACCOUNT NO: STATEMENT NO: s....- f W Page: 1 04/05/2022 306-0603180 40983 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 496 of 946 HOURS 03/10/2022 SHB Discuss Darryl Linder matters with Julie Oldbury. 0.10 03/15/2022 GB Legal research and drafted memo regarding house bill 7. Email to SHB attaching memo for her review. 0.40 03/17/2022 SHB Receive and review pre -d memo and analysis; follow up with Julie Oldbury. 0.60 03/30/2022 JAC Review correspondence regarding waiver of bargaining temporary relief program 0.20 03/31/2022 SHB Coordinate pre -d conference dates. Watch police deportment community meeting replay. 1.60 FOR CURRENT SERVICES RENDERED 2.90 652.50 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.20 $225.00 $45.00 GAL BETESH 0.40 225.00 90.00 SHANA H. BRIDGEMAN 2.30 225.00 517.50 TOTAL CURRENT WORK 652.50 BALANCE DUE $652.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 496 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Yoakum, Timothy C. (RLC Appeal) ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905565 41019 03/11/2022 MDC confer with Shana Bridgeman on status of appeal, renewed motion to strike statement of proceedings SHB Review file and court docket re: status of record correction. Discuss case matters with MDC. FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY__ RATE 0.30 $225.00 0.40 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.40 0.70 157.50 TOTAL $67.50 90.00 157.50 $157.50 Page 497 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 04/05/2022 100 E. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 40984 Attn: Lynn Swanson Red Light Cameras HOURS 02/28/2022 PE Updated tracking log. Followed up with PD on violators address. Double checked subpoena folders for February and March. 0.90 03/07/2022 PE Sort organized and prepared 18 notices for 4/12/22 hearing. Updated tracking log. 4.00 03/08/2022 PE Converted 18 notices to PDF/A and e -filed. 3.40 03/11/2022 SHB Review and approve NOls. 0.40 PE Sort organized and prepared 22 notices for 4/12/2022 hearing. Converted to PDF/A and e -filed. 6.80 03/15/2022 PE Updated tracking log. Changed date on 10 notices converted to PDF/A and e -filed. 2.20 03/18/2022 PE Updated SHB calendar. Sort and organized subpoenas for 5/10/2022 and 6/14/2022 hearing. 1.80 03/21/2022 PE Prepared 31 notices for 5/10/22 hearing for SHB approval. Updated tracking log 4.00 03/22/2022 PE Converted 31 notices to PDF/A for 5/10/2022 hearing and e -filed. 4.00 03/25/2022 PE Sort organized and prepared 30 notices for 4/12 and 5/10/2022 hearing, converted to PDF/A and e -filed. Updated violator address, sent prose notices to printer for mailing. Updated tracking log. 6.40 SHB Review and approve NOls. 0.60 03/28/2022 SHB Review and approve NOls. 0.30 FOR CURRENT SERVICES RENDERED 34.80 4,480.00 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.30 $225.00 $292.50 PATRICIA EUGENE 33.50 125.00 4,187.50 Photocopies 14.00 Page 498 of 946 Page: 2 CITY OF BOYNTON BEACH 04/05/2022 ACCOUNT NO: 306-0806020 STATEMENT NO: 40984 Red Light Cameras TOTAL EXPENSES THRU 03/31/2022 14.00 TOTAL CURRENT WORK 4,494.00 BALANCE DUE $4,494.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 499 of 946 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Sale to JKM BTS Central, LLC GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905349 40994 03/03/2022 JAC Follow up regarding JKM sales brochure and development rights under development agreement and city approved revisions there too; email to Tom Baird regarding same; follow up call re same FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION _HOURS HOURLY RATE 1.00 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.00 1.00 225.00 TOTAL $225.00 225.00 $225.00 Page 500 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Sale to JKM BTS North, LLC 03/21/2022 DJD Review files FOR CURRENT SERVICES RENDERED TIMEKEEPER D.J. DOODY TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905348 40993 HOURS 0.70 .............. 0.70 157.50 RECAPITULATION HOURS HOURLY_ RATE TOTAL 0.70 $225.00 $157.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 157.50 $157.50 Page 501 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Page: 1 04/05/2022 ACCOUNT NO: 306-9905263 STATEMENT NO: 40990 Town Square Development 03/21/2022 RLL Work to pull documents and emails regarding construction loan mortgage on property. FOR CURRENT SERVICES RENDERED TIMEKEEPER RACHEL L LEACH Photocopies TOTAL CURRENT WORK BALANCE DUE RECAPITULATION _HOURS HOURLY RATE 1.40 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.40 1.40 175.00 TOTAL $175.00 175.00 $175.00 Page 502 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) ACCOUNT NO STATEMENT NO Page: 1 04/05/2022 306-9905525 41012 HOURS 03/01/2022 GB Email to Joanne O'Connor regarding JKM deposition. 0.10 03/02/2022 GB Telephone conference call with City regarding JKM's deposition. 0.30 03/07/2022 GB Telephone conference calls with JAC regarding JKM's offering brochure and City's comments to brochure. Email to City regarding Tom Baird's suggestions after reviewing City's comments to brochure. 0.30 03/10/2022 GB Conversations with JAC regarding City's memorandum regarding JKM's brochure offering. Email to JAC regarding email from opposing counsel advising of deadline for potential buyers to submit offers. 0.30 03/11/2022 JAC Follow up for review regarding offer of property and project approvals; conference with SSG regarding same 0.90 03/16/2022 JAC Review and respond to Bradley Miller regarding status of pending litigation 0.20 03/18/2022 JAC Outline issues for discussion with incoming city commissioners and options for disposition of pending litigation following transfer of property; discuss with DJ Doody; call to CityManager regarding same 1.10 03/30/2022 GB Meeting with DJD regarding upcoming closed door session. Telephone conference call with City regarding notice of upcoming closed door session. 0.20 FOR CURRENT SERVICES RENDERED 3.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.20 $225.00 $495.00 GAL BETESH 1.20 225.00 270.00 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 765.00 $765.00 Page 503 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Webb, Jesse Rufus, Jr. (Forfeiture of $8,425) 03/07/2022 BJS Review and revise draft transmittal memorandum 03/11/2022 BJS Draft return of bond transmittal memo FOR CURRENT SERVICES RENDERED TIMEKEEPER BRIAN J. SHERMAN Photocopies TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: Page: 1 04/05/2022 306-9905572 41023 RECAPITULATION HOURS HOURLY RATE 0.60 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.30 0.60 135.00 TOTAL $135.00 135.00 $135.00 Page 504 of 946 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ARPA Legal Review GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 ACCOUNT NO: STATEMENT NO: Page: 1 04/06/2022 306-9905603 41031 03/01/2022 HN Review of ARPA release of scoring sheet question. Discussions with Carisse LeJeune. Review of documents related to the grant. Review of Section 286.0113(2)(c)1, Florida Statutes, and Section 119.071(1)(b)2, Florida Statutes. Review of City's code of ordinances. Email to Shana Bridgeman with legal analysis. Review of ARPA final rule. Discussion with SHB. Review of email from Carisse LeJeune. Email exchanges with SHB. Email to Carisse LeJeune cc JAC and SHB. 03/03/2022 HN Edits to ARPA Subrecipient Agreement. Phone discussions with Carisse LeJeune regarding revisions to food cards. Email to Shana Bridgeman. Review of email from SHB re: revised ARPA agreement with Feeding South Florida. Email to Carisse LeJeune with revised agreement cc JAC and SHB. JAC Review issue with Carisse LeJeune regarding ARPA memo and draft documents for Commission special meeting 03/07/2022 JAC Review agenda items drafted by staff; miscellaneous legal research regarding distribution audits and clawback provisions; prep for conference with staff; prep for special meeting 03/08/2022 JAC Prepare for, Conference with CityManager team and follow up for Commission special meeting for distribution of funds; follow up federal regulations and interim rule issues SHB Attend workshop preparation session. 03/09/2022 HN Review of question from David Scott relating to releasing copies of the review committee scoring sheet and response to Lynn Swanson. 03/11/2022 HN Phone discussion with Lynn Swanson. Edit to feeding south florida agreement and email to Lynn Swanson. 03/16/2022 JAC Review status of distribution and review documents and emails regarding Wells landing/use of funds 03/21/2022 HN Review of email exchanges between Carisse LeJeune and John Durgan relating to the Feeding South Florida Agreement. 03/23/2022 SHB Various correspondence from Carisse and School Board re: school agreements. Telephone conference with Carisse re: corrections to agreement and Commission review. 03/30/2022 JAC Review staff correspondence and issues related to commission approval of HOURS k 11, 2.20 0.80 3.00 3.50 3.50 0.10 0.20 0.80 0.20 0.70 Page 505 of 946 Page: 2 CITY OF BOYNTON BEACH 04/06/2022 ACCOUNT NO: 306-9905603 STATEMENT NO: 41031 ARPA Legal Review ARPA committee recommendations FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF HEATHER NEEDELMAN SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 8.80 $225.00 5.70 225.00 4.20 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.70 18.70 TOTAL $1,980.00 1,282.50 945.00 4,207.50 4,207.50 $4,207.50eel Page 506 of 946 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO Wells Landing ARPA Grant Agreement HOURS 03/01/2022 SMS Correspondence on Closing with Wells Landing ARPA file counsel and review of Consent and Funding Agreement. 1.20 03/02/2022 SMS Review Subordination Agreement with TD Bank; Correspondence regarding Wells Landing ARPA file docs. 1.60 03/04/2022 SMS Calls with staff and review of previous agenda item on Wells Landing for approval of funding required; Correspondence on revised docs and revisions to Consent and Funding Agreement. 1.60 03/07/2022 SMS Review updated revisions to the Wells Landing ARPA file Consent and Grant Agreement. 1.30 03/08/2022 SMS Updates to Wells Landing ARPA file Consent and Funding Agreement; Call and discussion related to source of funds; Revisions to Exhibit A of Grant Agreement. 0.70 03/09/2022 SMS Review of revised Closing Documents for Wells Landing ARPA file and updates to Grant Agreement. 1.40 03/10/2022 SMS Correspondence and review related to CRA comments on Wells Landing ARPA file documents. 0.40 03/14/2022 SMS Correspondence and discussion on Grant Agreements and usage of funds; Call with ARPA Project Manager. 1.00 03/17/2022 SMS Discussion, calls, and revision to Wells Landing ARPA file Agreement. 0.30 03/21/2022 SMS Revise Wells Landing ARPA file SubRecipient Agreement; Review Unity of Title Form and correspondence related to City Commission; Call with CRA Director related to Wells Landing ARPA file Consent and Funding. 1.60 03/22/2022 SMS Prepare final Grant Agreements for Wells Landing ARPA file. 0.20 03/23/2022 SMS Draft ILA with Lantana for Interconnection Services; Correspondence related to Bank comments on Grant Agreement. 1.90 03/24/2022 SMS Correspondence on finalization of Wells Landing ARPA file agreements; Review/revise/draft Interconnection Agreement. 0.80 03/29/2022 SMS Review and correspondence related to agenda item for Wells Landings ARPA Page: 1 04/06/2022 306-9905604 41038 Page 507 of 946 Page: 2 CITY OF BOYNTON BEACH 04/06/2022 ACCOUNT NO: 306-9905604 STATEMENT NO: 41038 Wells Landing ARPA Grant Agreement file; Call with CRA counsel related to execution of Wells Landing ARPA file Closing Documents. 03/30/2022 SMS Zoom conference call with CRA and staff to discuss Wells Landing plan; Revisions to Consent and Funding Agreement; Review of updated Scope of Services for Recipient Agreement. 03/31/2022 SMS Revisions to Final Agreements to Wells Landing ARPA file and review of related resolution and correspondence with staff and CRA counsel. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SEAN M. SWARTZ 19.10 $127.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.40 1.50 2.20 19.10 2,425.66 TOTAL $2,425.66 2,425.66 $2,425.66 Page 508 of 946 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach April 25, 2022 Attn: Karen Klein Bill No. 64891 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 03/31/22 PROFESSIONAL SERVICES Date Services Attorney Hours 03/01/22 Research internet search for recent articles related to JK 0.30 Defendant, Officer Mark Sohn,concerning recent disciplinary actions. 03/09/22 Correspondence to correspondences to and from Karen Klein SWK 0.30 re budget for Appeal of Motion for Summary Judgment and Trial. 03/17/22 Receipt and review of Court's Order regarding Calendar Call. BLB 0.10 03/24/22 Receipt and review of Court's Order on Motion for Continuance BLB 0.10 of Trial. 03/24/22 Preparation of Correspondence to Karen Klein re: trial. BLB 0.30 03/31/22 Receipt and review of Court's Order granting City's and Sohn's SWK 0.30 Motions for Summary Judgment and closing case. 03/31/22 Receipt and review of Court's Order of Final Judgment SWK 0.10 Dismissing Case. 03/31/22 Correspondence to Karen Klein re Court's Order Granting our SWK 0.10 Motion for Summary Judgment. 03/31/22 Communicate/With Client Ms. Klein regarding order on motion AGB 0.10 for summary judgment PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 0.10 160.00 16.00 BLB Benjamin L. Bedard, Partner 0.50 185.00 92.50 JK Jaime Kehoe, Paralegal 0.30 110.00 33.00 Page 509 of 946 Client: City of Boynton Beach Matter: 20469 - McFadden v. CBB/Sohn PROFESSIONAL SERVICES SUMMARY Code Name Hours SWK Stephanie W. Kaufer, Partner 0.80 Total Professional Services 1.70 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: April 25, 2022 Page 2 Rate Amount 185.00 148.00 $289.50 $ 289.50 468.71 -468.71 $ 289.50 Page 510 of 946 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 64891 Bill Date: April 25, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 289.50 0.00 $ 289.50 468.71 -468.71 $ 289.50 0.00 $289.50 Page 511 of 946 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management April 25, 2022 Attn: Karen Klein Bill No. 64893 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 03/31/22 PROFESSIONAL SERVICES Date Services Attorney Hours 03/01/22 Correspondence to Karen Klein re outcome of hearing on SWK 0.30 Plaintiffs Amended Motion to Stay Trial. 03/01/22 Preparation for hearing on Plaintiffs Amended Motion to Stay, SWK 0.40 including review of motion, response, and case law cited therein and preparation of outline of argument. 03/01/22 Attendance at hearing on Plaintiffs Motion to Stay (via Zoom). SWK 0.30 03/01/22 Receipt and review of transcript of hearing on Plaintiffs Motion SWK 0.20 to Stay. 03/02/22 Receipt and review of Correspondence from Angela DiMichele BLB 0.30 requesting statement regarding Officer's Sohn. 03/05/22 Review/Analyze 03/03/22 Palm Beach Post article regarding SWK 0.20 Notice of Lawsuit. 03/11/22 Correspondence to multiple correspondences to and from SWK 0.60 Plaintiffs counsel re proposed order on Plaintiffs Motion to Stay Trial and transcript of hearing on same. 03/21/22 Communicate/Other Counsel correspondence from Plaintiffs SWK 0.10 counsel re deposition of Lex Eugene. 03/22/22 Correspondence to multiple correspondences to and from SWK 0.60 Plaintiffs counsel re edits to Plaintiffs proposed order on Plaintiffs Amended Motion to Stay Trial. 03/24/22 Correspondence to correspondences to and from Plaintiffs SWK 0.40 counsel re proposed order on Plaintiffs Motion to Stay Trial per judge's ruling. 03/24/22 Correspondence to correspondences to and from Plaintiffs SWK 0.30 counsel re deposition of Eugene Lex. Page 512 of 946 Client: Gallagher Bassett Services, Inc. April 25, 2022 Matter: 18187 - Readon v. Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 03/24/22 Correspondence to correspondence from Gal Betesh, counsel SWK 0.20 for City, re edits to proposed order on Plaintiffs Motion to Stay Trial. 03/24/22 Correspondence to correspondence from Elijah Giuliano, SWK counsel for Eugene Lex, re criminal case still in appellate court. 03/25/22 Receipt and review of Court's Order on Plaintiffs Motion to Stay SWK Trial. 03/30/22 Receipt and review of Plaintiffs Notice of Taking Deposition of SWK Eugene Lex. PROFESSIONAL SERVICES SUMMARY Code Name Hours BLB Benjamin L. Bedard, Partner 0.30 SWK Stephanie W. Kaufer, Partner 4.10 Total Professional Services 4.40 DISBURSEMENTS Date Description 03/04/22 Deposition Transcripts #203000;hearing before Judge Oftedal - Transcript Solutions, LLC Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Rate 185.00 185.00 0.20 0.10 0.20 Amount 55.50 758.50 $814.00 Amount 157.75 $157.75 $ 971.75 905.00 -905.00 $ 971.75 Page 513 of 946 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 64893 Bill Date: April 25, 2022 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 814.00 157.75 $ 971.75 905.00 -905.00 $ 971.75 0.00 $971.75 Page 514 of 946 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: claims@bbfl.us P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Geraci v. Zeller Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 03/31/22 PROFESSIONAL SERVICES TUZZIO, PLLC April 20, 2022 Bill No. 64586 032 19132 Date Services Attorney Hours 03/07/22 Draft/Revise review of litigation file, including operative SHP 0.50 pleadings, correspondence, and discovery to date, for preparation of Motion for Uniform Motion Calendar Hearing and for Special Set Hearing for Defendant's Motion to Dismiss. 03/08/22 Communicate/Other Counsel correspondence from Chuck Eiss, LHR 0.20 plaintiffs counsel, regarding Defendant's Motion for Uniform Motions Calendar Hearing which we will be immediately setting at the Judge's first available date to ensure compliance with the Court's Order. 03/08/22 Communicate/Other Counsel correspondence to Chuck Eiss, LHR 0.20 plaintiffs counsel, regarding Defendant's Motion for Uniform Motions Calendar Hearing and advising he is in agreement with same. 03/08/22 Draft/Revise preparation of Motion for Uniform Motion Calendar SHP 1.60 Hearing and for Special Set Hearing for Defendant's Motion to Dismiss. 03/09/22 Correspondence to Plaintiffs Counsel Chuck Eiss re: SHP 0.20 Defendant's Motion Motion for UMC Hearing to ensure compliance with the Court's trial order requiring the parties to appear for a UMC hearing. 03/11/22 Preparation of Statement of Assurance (H I PAA) to Dr. Barbara LHR 0.10 Berger pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Statement of Assurance (H I PAA) to Dr. Thomas LHR 0.10 Corwell pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Statement of Assurance (HIPAA) to Dr. James LHR 0.10 Hughes pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Statement of Assurance (HIPAA) to Mindful LHR 0.10 Behavioral Health pertaining to Plaintiff, Sanford Geraci. Page 515 of 946 Client: City of Boynton Beach April 20, 2022 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 03/11/22 Preparation of Statement of Assurance (HIPAA) to Spine & LHR 0.10 Orthopedic Center pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Statement of Assurance (H I PAA) to Road to LHR 0.10 Recovery Wellness Center pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Dr. Barbara Berger pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Dr. Thomas Corwell pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Dr. James Hughes pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Mindful Behavioral Health pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Spine & Orthopedic Center pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Road to Recovery Wellness Center pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of subpoena duces tecum directed to Dr. Barbara LHR 0.20 Berger pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of subpoena duces tecum directed to Dr. Thomas LHR 0.20 Corwell pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of subpoena duces tecum directed to Dr. James LHR 0.20 Hughes pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of subpoena duces tecum directed to Mindful LHR 0.20 Behavioral Health pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of subpoena duces tecum directed to Spine & LHR 0.20 Orthopedic Center pertaining to Plaintiff, Sanford Geraci. 03/11/22 Preparation of subpoena duces tecum directed to Road to LHR 0.20 Recovery Wellness Center pertaining to Plaintiff, Sanford Geraci. 03/22/22 Preparation of e-mail to Dr. Danette Arthur re: status of billing LHR 0.20 records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 03/23/22 Preparation for hearing on special setting for Motion to Dismiss LHR 0.50 the next day before Judge Gillman. 03/24/22 Preparation of correspondence to Certified Foot and Ankle LHR 0.30 Specialists re: status of diagnostic films pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 03/24/22 Receipt and review of Order on Department of Children and LHR 0.50 Families Motion for In Camera Review of Records. Page 516 of 946 Client: City of Boynton Beach April 20, 2022 Matter: 19132 - Geraci v. Zeller Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 03/24/22 Attendance at hearing on Defendant Zeller's Motion for LHR 1.00 185.00 Compliance with Court Case Management Plan and requesting SHP Sara H. Ptachik, Associate 2.50 special set hearing on Motion to Dismiss before Judge Paige 400.00 Total Professional Services Gillman, Palm Beach County Courthouse, via Zoom. 03/25/22 Preparation of e-mail to Judge Gilliam re: status of discoverable LHR 0.20 $ medical records pertaining to Plaintiff, Sanford Geraci, pursuant Balance Forward: to court order. 4,464.00 03/29/22 Communicate/Other Counsel correspondence to Chuck Eiss, SHP 0.20 -4,464.00 plaintiffs counsel, regarding our revised subpoena to the $ Florida Department of Children and Families, and requesting his approval of same. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 6.10 185.00 1,128.50 SHP Sara H. Ptachik, Associate 2.50 160.00 400.00 Total Professional Services 8.60 $1,528.50 CURRENT BILL TOTAL AMOUNT DUE $ 1,528.50 Balance Forward: 4,464.00 Payments & Adjustments: -4,464.00 Total Due: $ 1,528.50 Page 517 of 946 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 64586 Bill Date: April 20, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 1,528.50 $ M $ 1,528.50 4,464.00 -4,464.00 $ 1,528.50 WIN $1,528.50 Page 518 of 946 L01 Yj •: • • • M• 11 • •_ P.A.JONES FOSTER P.O. Box WestPalmBeach, 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 nn n 07107= Lei . 1 WNIIMM01SF. 1 ' • c 1 • 1�''• 111) RATE/HR. HOURS AMOUNT JOANNE M. OCONNOR 350.00 0.90 11 THOMAS J. BAIRD 350.00 1.80 $630.00 PREVIOUS / 11 TOTAL• $945.00 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER TAE PREPX'11�TlOft OF TAIS h1TOICE IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU • 9 • Page 519 of 946 'Wriell - kT M1 MOMM. d 4 A 11M. I 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 U-Le09 =--- I Lai a m kq K$iOj I I I Represent City with respect to litigation over a development TOTALS FOR THIS STATEMENT I I UQ kvi F-11MAIII I TOTAL FEE THIS INVOICE March 31, 2022 Invoice No. 260143 File No. 29049.00002 TJB RATE HOURS MOU 350.00 0.90 $3 1 5- A$63 350.00 1.80 0. $945.00 $0.00 Page 520 of 946 City of Represent City with respect to litigation over a development Invoice No. 260143 File • 29049.00002 Page 2 DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 03/01/22 JMO EMAIL FROM K MARKOW RE MARKEY DEPOSITION; 0.20 70.00 CONFER IN FIRM AND WITH G BETESH RE SAME; EMAILS WITH T BAIRD RE CLOSED DOOR IN APRIL 03/02/22 JMO REVIEW NOTICE OF CLOSED DOOR SESSION 0.10 35.00 03/02/22 JO PREPARE NOTICE OF CANCELLATION OF 0.20 70.00 JKM/MARKEY DEPOSITION 03/03/22 TJB REVIEW EMAIL CORRESPONDENCE FROM JIM 0.20 70.00 CHEROF AND SUMMARY FROM AMANDA IN RE JK'S BROCHURE 03/07/22 TJB REVIEW EMAIL CORRESPONDENCE FROM CITY 0.50 175.00 ATTORNEY CHEROF AND THE COMMENTS OF AMANDA PERTAINING TO THE JKM LISTING BROCHURE AND PROVIDE COMMENTS 03/07/22 JMO REVIEW JKM LISTING BROCHURE AND EMAILS RE 0.20 70.00 SAME 03/10/22 TJB EMAIL CORRESPONDENCE TO CITY ATTORNEYS & 0.20 70.00 JMO RE DISCUSSION OF BROCHURE 03/14/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.20 70.00 ATTORNEY CHEROF 03/15/22 TJB REVIEW EMAIL CORRESPONDENCE FROM CITY 0.20 70.00 ATTORNEY CHEROF, EMAIL CORRESPONDENCE EXCHANGED BETWEEN B. MILLER & A. MACK AND REPLY TO CHEROF 03/22/22 JO REVIEW EMAIL FROM J CHEROF RE INQUIRY FROM 0.20 70.00 POTENTIAL BUYER RE LITIGATION 03/24/22 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.50 175.00 FROM ATTORNEY MARKOW RE JK'S SALE OF THE PROPERTY; EXCHANGE EMAIL CORRESPONDENCE WITH CITY ATTORNEY CHEROF; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM CITY MANAGER TOTAL HOURS 2.70 Page 521 of 946 6.G. Consent Agenda 5/17/2022 Requested Action by Commission: Approve minutes from the April 26, 2022 City Commission special meeting, May 3, 2022 City Commission meeting and May 7, 2022 City Commission workshop meeting. Explanation of Request: The City Commission met on April 26, 2022, May 3, 2022 and May 7, 2022 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 522 of 946 Type Mill'ILAtE)S Mill'ILAtE)S Mill'ILAtE)S Description 04 26 2022 S�PE'Clia IME)EAillIg 05 03 2022 ME)E)hl['lg 5... 07 2022 StratEIgiC IRlairnirnliirg Workshop Page 523 of 946 Minutes of the City Commission Special Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, April 26, 2022 at 5:30 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Quentin Morgan, Deputy City Attorney Crystal Gibson, City Clerk Mayor Penserga called the meeting to order at 5:33 p.m. Mayor Penserga stated that tonight's meeting was called for one purpose and one purpose only. This evening we will hear from three candidates for the position of Interim City Manager. Those three candidates are Mr. David Scott, Chief James Stables, and Assistant Police Chief Joseph DeGiulio. The format for this evening's meeting after the Invocation, the pledge, and public comments, we will ask each candidate to approach the table and begin with their opening statements. Then the floor will be open to the City Commission for questions and comments. Finally, candidates will be allowed to provide closing statements. This procedure will be repeated for all candidates. He hopes that not only will this Commission appoint the best candidate to serve our City as Interim City Manager. We will support the chosen individual to show unity and steadfast support for our next City Manager. Tonight's Invocation will be given by Commissioner Hay, followed by the Pledge of Allegiance to the Flag led by Commissioner Kelley. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation The Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Mayor Ty Penserga. Commissioner Kelley let the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Page 524 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Mayor Penserga requested that public comments be heard before Item B. so the public has the opportunity to speak and be heard. Commissioner Turkin stated that he would like to have public comments after the Item B. The public should be able to hear each candidate's presentation and then give some feedback. Commissioner Hay agreed with Commissioner Turkin. Mayor Penserga confirmed that the Commission will hear from all candidates, then open the floor for public comment. 2. Adoption ILy, 11=11 Vice Mayor Cruz moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. B. Appoint Interim City Manager. First Applicant: David Scott David Scott stated that he currently serves as Director of Economic Development Strategy for the City of Boynton Beach. He is here for the opportunity to provide the Commission with a choice for Interim City Manager because the opportunity was presented by the Commission last week. He saw it as an opportunity to stand before the Commission and present his resume and qualifications for consideration. He said, at the end of the day, should you decide to go with one of my wonderful allies and partners to my right, I will gladly serve them as well as I serve you. He thanked the Commission for this opportunity. Again, he is responding to fill the position of the Interim City Manager of this wonderful City. We have an organization of wonderful employees, over 800, dedicated to the City of Boynton Beach and to the residents and visitors, and businesses that make up this wonderful City. We are a diverse coastal community of over 80,000 residents covering about 16.5 square miles in South East Palm Beach County. As one of South Florida's emerging local economies, the City of Boynton Beach has experienced a wave of population growth and continues to attract new residents and businesses every day. Your selection for Interim City Manager must be able to translate this position into a competitive advantage. We must create solutions that deliver immediate, near and long-term economic benefits. Our role as City Manager is to work with the Commission to guide this trajectory and lead the Commission in its deliberations around policies that focus on education, health, and economic prosperity. This focus will shine on the Commissioner's role in securing the future of Boynton Beach as an inclusive, prosperous, and sustainable city for all of its residents, businesses and visitors. Our challenges are before us, and we certainly do recognize that. We must restore the trust and confidence of our residents and our officers 2 Page 525 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 following the death of one of our own community's, youth. We must swiftly evaluate and consider a merger with the Palm Beach County Sheriffs Office. We must resolve the challenges that our town square project has presented. We must continue to review our operations to contain costs while improving services. We must continue attracting and retaining well -paying jobs and businesses to the City. We must work to keep housing attainable for our populations. We must remain resilient and continue to lead the City into the future. Your Interim City Manager is directed by the board of the City Commission and carries out administrative and operational services at the City's Chief Executive Offices. He has over 30 years of public and private service. He has a demonstrated record of success in innovation strategy, implementation, and organizational improvement, overseeing a diverse portfolio of municipal operations with 7,000 employees and operating budgets of over $800 million. He has led municipal public works, recreation and parks, traffic and transportation, solid wastewater and wastewater utility, stormwater, airport, engineering, emergency management, fire and police, and economic development operations. As your Department head, he continues to oversee the Economic Development Strategy, the strategic and economic plans that support the City's overall vision as a prosperous City. He began his career as a civil engineer for the City of Baltimore in 1985. Designing and overseeing the construction and inspection of water and wastewater infrastructure. He followed that trajectory and served as the city engineer for the City of Highland Park, Illinois, a wealthy suburb of Chicago's North Shore. Before Martin O'Malley became Governor of Maryland, he brought him back to Baltimore as his Deputy Mayor of Operations, where he managed a portfolio of operating Departments over approximately 7,000 employees. These Departments included Public Works, Transportation, and Traffic, Recreation and Parks, Fire, Youth, and Families, and assisted the mayor in managing the Police Department. In 2003, Mayor Shirley Franklin was elected as Mayor of the City of Atlanta and brought him on her team as the Commissioner of Public Works for the City of Atlanta. He has managed over 900 employees there with an annual budget of $80 million, and he was responsible for Municipal Solid Waste, Transportation and Traffic, and Fleet Operations. In 2008, Sheila Dixon was elected mayor and needed a trusted leader for her organization. He was the one that introduced Sheila Dixon to Mayor Shirley Franklin because if you are going to be a female mayor of a major city, you need to know another female mayor of a major city. He was her choice. She needed a trusted leader that would watch her back, so she asked him to leave Shirley Franklin and leave the City of Atlanta and come back to run Public Works for the City of Baltimore. He did so with dedication. He was responsible for over 3000 employees, with an annual operating budget of $390 million, and directed the oversight of Municipal Solid Waste, Building and Facilities Maintenance, Fleet, Water and Wastewater, Utility, and Utility Operations. In 2012, he served as Assistant County Administrator for the County of Pinellas, Florida, where he oversaw a portfolio of operating Departments of approximately 900 employees, with an operating budget of $800 million. Responsible for Municipal Water, Wastewater, Utilities, Public Works, Saint Pete Clearwater Airport also reported to him there and Engineering. In 2015, he served as the Assistant City Manager for the City of Delray Beach, overseeing a portfolio of operating Departments of approximately 450 employees. He is proud of what he has accomplished throughout his career. 3 Page 526 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Commissioner Kelley asked Mr. Scott to describe his management style. Mr. Scott replied that he has learned throughout the years to be very inclusive and collaborative in his management style. It is very important and it takes a certain skill set to make sure you bring all stakeholders together and align around a common vision. That way you get buy in of all employees and stakeholders that you bring to the table. Once you do have the buy in, you have ownership. Those employees feel empowered and own the process. Commissioner Turkin asked Mr. Scott where does he live. Mr. Scott replied that he currently lives in Miami, yet if this position becomes available to him, he recognizes that you must be on call 24/7. It is his intention to move to the City of Boynton Beach. Commissioner Turkin asked Mr. Scott what is the number one concern that we have in Boynton Beach. Mr. Scott responded that currently we have the merger with the Palm Beach Sheriff's Office (PBSO); we must move swiftly and provide the information needed for the Commission to decide as quickly as possible. The second concern is the relationship with the Community over the death of the young man that happened recently. We must continue to move forward. Working with the Commission, he would do his best to resolve these issues swiftly. Commissioner Turkin asked if you are appointed, what is the first order of business. Mr. Scott stated that the first order of business would be to work with the Commission to resolve the issues he just mentioned. We also have a strategic plan that requires certain policy decisions that should resolved and addressed. Affordable housing and housing for home ownership and what does it look like for future development in the City. These are all policy decisions that should be brought forward to the Commission. Commissioner Turkin asked Mr. Scott how does his experience relate to hurricane response. Mr. Scott stated that he has been through hurricanes. Coming from the Northeast, he has been through snow storms. He has been through many emergency management situations. He has manned the Emergency Operations Center. As a Public Works Director, you are the key person in the room and one of the key decision makers. However, there are not only natural disasters there are also man-made disasters. Commissioner Turkin stated that we are in an unprecedented time where recruiting seems to be an issue throughout every industry public and private. What are we going 0 Page 527 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 to do to make sure we can recruit strong candidates into the City of Boynton? He has seen the report on vacancies in the City and there seem to be a lot in Utilities. What are are some ideas you have to recruit? Mr. Scott stated that there a couple of things on track. The first is that the City is having an internship fair. We are going to bring in high school students to meet with employers both private and public to tie them into opportunities. We would like them to be paid internships. We want to be able to give them money so they can buy school clothes and prepare for school. Most people do not want an unpaid internship. The City is supporting paid internships. We want to catch them young and introduce them to opportunities and learn about jobs. At the same time, employers get a comfort level with certain employees and as they grow continue to hire them back. Publix is a great example of that. We need to create a direct pipeline between the community and available jobs. Vice Mayor Cruz asked Mr. Scott what makes you stand out or makes you more qualified than the other applicants? Mr. Scott responded that what he brings is a breath of experience. He has worked in Utilities, he has worked with Police and Fire and he has been an Assistant City Manager. He has worked with strong elected officials. He is flexible and understands the politics. He has a strong community relationship. He gets out of the office and talks to employees and community members. Vice Mayor Cruz asked Mr. Scott how he would assure accountability from the teams he would be managing if he were to be selected. Mr. Scott replied it would be through communication and coaching. He truly believes in using data to measure what we do using key performance indicators, measuring everything the City does from housing to utilities. Look for efficiencies and for opportunities to become more efficient. He would look at ways to increase our level of service. We may be providing a level C in some areas, and the community is demanding a level B. It is left to us how do we get to a higher level. It also works the other way; we could be providing a platinum service and the community only wants gold. Why are you providing a higher service? It is a two-way conversation to understand what level of service the community demands and how we meet that level of service. Vice Mayor Cruz commented that the City is always demanding a level "A" service. What services are at a level "C"? Mr. Scott responded that some of the major challenges have been in the Building Department and a few others that need to be addressed. We need to continue conversations with the community. Where are we falling short and how do we close that gap? 5 Page 528 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Commissioner Hay asked Mr. Scott what are his short and long-term goals for the City. Mr. Scott stated that the short-term goals would be to resolve the current challenges the City is facing. First is to provide the information to the Commission that is needed to decide on merging with PBSO. The housing crisis the City needs create homes where employees can live to close to where they work. Commissioner Hay asked Mr. Scott when he worked for the City of Delray Beach as the Assistant City Manager, how long was he there and what were his responsibilities. Mr. Scott replied, as the Assistant City Manager of Delray Beach, he oversaw Public Works, Recreation and Parks and most of the operations of the City. He was the Assistant City Manager for approximately two years. Commissioner Hay asked Mr. Scott if he has a plan to dig us out of the hole that we appear to be in. Mr. Scott responded that with the partnership between the City Manager, City Commission and the residents we have a bright future. He believes that the City is in a good space. The City has an opportunity to continue to move this City forward. He believes we can and we will with the leadership and partnership we have in the City. Commissioner Hay asked Mr. Scott what would he do to ensure accountability and transparency. Mr. Scott replied we would use data and share this data. He would continue to meet with residents and businesses and encourage the staff to do the same. The Commission will have full access to whatever information they need from the administration. He sees himself as an extension of the Commission. He would be the CEO of the administration, and the Commission is the board of directors of the corporation. He will follow their direction as the board of directors. Mayor Penserga noted that he has met with all three applicants in advance to interview them and get to know them better. He commented that Mr. Scott is well qualified. He has seen his resume. It is clear to him that he has the experience. What he would like to know is how Mr. Scott treats people. Whether it is working directly with staff or how he handles a very difficult situations with people. Could you tell us a time when someone has worked for you was insolent or disrespectful? How did you handle that situation? Mr. Scott stated that he would start with coaching. If coaching does not work, you move to the next level. You continue to do so until you find yourself in a situation where a person chooses to fire themselves. If you set up clear expectations of what is expected of that employee and that is not followed at anytime that is clear violation of your agreement with that employee. Sometimes those situations end with the employee Page 529 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 turning around and become a great advocate. There are some situations where the employee continues to walk their way out the door. He is strong and he is fair and he is consistent. He has certain expectations of his staff. He encourages them to grow and flourish and to be successful. Mayor Penserga noted that the relationship between the City Manager and the members of the City Commission is extremely important. How would you manage that situation? How would you ensure that there is effective communication? Mr. Scott replied he would continue to meet with each of the members of the Commission. It would be his job to support the Commission in their strategies, initiatives and goals. The Commission speaks on behalf of their residents in their district. It is important to him to provide the services that the residents are demanding. Mayor Penserga asked Mr. Scott what he has done in his professional career to build trust in the community. Mr. Scott responded we continue to meet with the community and involve all of the stakeholders in decisions that we make. When he worked for the City of Baltimore, they were having trouble providing the resources they needed to pick up the trash. The streets and allies were just a mess, and people complained that we were never getting to those alleys. The conversation with the community was let's look at how to change services. How do we address that in partnership with the community? We developed a complete recycling program where they agreed to full-blown recycling. We provided recycling bins which reduced the stress on the solid waste collection, which allowed us to do that job. It was a win-win for both sides. Mayor Penserga asked Mr. Scott if he where to be the Interim City Manager, how would he address the morale concerns of the employees. What can we do to bring comfort and confidence in people so they can increase their performance? Mr. Scott responded with leadership. He will visit every single employee, every single site. There is no difference between those in management sitting in offices or those who are digging a ditch on the street. He will do stand-up meetings. He is available to show that leadership. Our employees want to be heard and it is his role to hear them. He will appreciate and value the employees. Mayor Penserga commented that Mr. Scott had mentioned things he has accomplished in his past. What would be the most important accomplishment during your time in Boynton Beach? What are the challenges you face, and how would you handle that? Mr. Scott stated that one of the opportunities and challenges that he was very proud of is moving our strategic plan forward. You hear it, you see it, the community embraces it. They know we are a prosperous city, and you start to hear it. They know that we are a growing city. Our businesses continue to invest. One of our most significant challenges 7 Page 530 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 that he feels is that we need to work on is our branding. We are a city that sits North of Delray and Boca and South of West Palm. We have been considered not even on that level, but if you look at the data that I bring forward and will bring forward to you, we are right in line, if not surpassing, some of their numbers. It is either a business attraction. We have significant numbers, and we have a great story to tell as the city of Boynton Beach. Commissioner Turkin and I talked about the marina, our marine industry, and how we need to support the fishing. We do not do a good job. And that's not a slight against any one of our staff members. We have to come together and say, this is who we are. We have so many amenities in this City we can continue to celebrate, and we will, and that is, once we do, our businesses see that. Our future employees, if they are looking at websites, to where like most of us do, if you are looking for a job, the first thing to do is pull up a website. You look for that lifestyle and say, this is where I want to live. We want our future employees to see it. We want our prospective businesses to see it, we want our current residents to feel it, and we will be the destination that people want to wake up in Delray, they wake up in Boca, they wake up in West Palm and say, I am going to Boynton Beach to hang out. I am going to spend money. I am going to buy at retail. Then I am going to move into those homes. I will hang out at the mall and do all the amenities that are coming to that location. Commissioner Hay asked Mr. Scott if there is anything else the Commission should know about him that they have not asked. Mr. Scott replied that he is an open book and any questions or concerns that you may have had you have shared with him. What you have seen for the past five years, you will continue to see. Second Applicant: Assistant Police Chief DeGiulio Assistant Chief DeGiulio stated that he is very excited to be here and very excited for the opportunity to be sitting in front of the Commission and talk about our great City. First, a little bit about myself. My name is Joe DeGiulio, the Assistant Chief of Police here in Boynton, and a member of the force for the past 21 years. He has been in the law enforcement community for the past 25 years. He worked his way up the ranks. He was once asked what his most significant achievement was. He replied that staying with the Boynton Police Department and working his way up from a patrol officer. He worked on the City's east side as a motor officer. He was promoted to sergeant. He was the CRA sergeant for a few years. He had an opportunity to be exposed to the other City Departments, allowing him to understand the holistic view of the City and how everything is supposed to operate. Then moving on from there, he was in narcotics and community policing and was promoted to lieutenant, road patrol, and fast forward. He was a captain, and now he is an Assistant Chief of Police. He made it all the way up here, and at the end of the day, if he stays in the Assistant Chief of Police position, he considers himself very proud and fortunate that he could have this incredible journey. He has also been fortunate to have the opportunity to enhance his education. He has an undergrad from John Jay College of Criminal Justice. He also has a Master's in Organizational Management from Palm Beach Atlantic University and a graduate certificate from American Public University in police executive leadership. One of the things that he is very fortunate for is moving through the ranks. He was also able to be exposed to different components of law enforcement. There was the N. Page 531 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 administrative side, the operations, and the investigative side. As he mentioned earlier, being in those positions gives you a good appreciation of all the different components of the City. To address the 800 -pound gorilla while we are here. The reality is that there are a lot of issues that are going on related to law enforcement. At the same time, some may believe that it could be a conflict of interest to have an Assistant Chief of Police vying for the Interim City Manager position. It is, on the contrary, navigating through something as difficult as the incidents that we have had here and the pending merger with Palm Beach County Sheriffs Office. Would you not want somebody who has been around for the past 25 years and has worked in law enforcement? He has seen every aspect of law enforcement, from what happens on the streets to what happens inside the chief's conference room, which provides us with a great perspective. For him, as an Interim City Manager providing you the information and guidance, you will get the insight of 25 years' worth of law enforcement. He thinks that these are the things that we as challenges are right in front of us, and the City is bound for great things. We are on the precipice of fantastic things within the police department in the City. We will not be able to achieve anything if we are stuck in the hole that Commissioner Hay discussed. He feels with that experience, the expertise, and that knowledge, that is not a conflict of interest, but an area of strength. Commissioner Kelley asked Assistant Chief DeGiulio to describe his management style. Assistant Chief DeGiulio stated that he considers himself a coach. The development of our subordinates is essential and serves in leadership. We need to take of the community. To take care of the community, we also have to take care of the people who serve the community. We must value and appreciate the people who work for us. At the end of the day, they are the ones that are executing the mission. He is a total proponent of servant leadership. That is his main style. Commissioner Turkin asked Assistant Chief DeGiulio where does he currently live. Assistant Chief DeGiulio responded that he lives just outside the City in suburban Lake Worth, 15 minutes from the City. As the Assistant Chief of Police, he is always on call, the phone is always on and he is always subject to return to the City for service. Commissioner Turkin asked Assistant Chief DeGiulio what is his first order of business. Assistant Chief DeGiulio responded that the first order of business is to meet with the Commission to understand what are the Commission's expectations of him. The second order of business is to meet with the Leadership Team. The City Manager must rely on the team and directors to understand our priorities. If they say everything is a priority, nothing is a priority. The third thing to do is to reach out to the community. We have to understand what the challenges are. Understanding the Commission's expectations of him, our priorities in the City, and the challenges our community is facing, we can create a roadmap to move forward. Commissioner Turkin asked Assistant Chief DeGiulio what he thinks is currently the number one concern or issue in the City. e✓ Page 532 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Assistant Chief DeGiulio responded that being in Law Enforcement, it is always public safety. Community trust needs to be a priority as well. Commissioner Turkin asked Assistant Chief DeGiulio how does his experience relate to hurricane response. Assistant Chief DeGiulio replied that the key to hurricane response is preparation. The City also has a fantastic team that has been involved with hurricane operations since 2004, when we were not prepared. Working with the Fire Department in the Emergency Operations Center, we have come a long way. We have great men and women on the Leadership team that are part of the hurricane preparation team, which puts us in a good spot. It is about collaboration within the City and with our sister cities. Preparation is the number one way to get through any storm. Commissioner Turkin asked Assistant Chief DeGiulio what are we going to do to make sure we can recruit strong candidates into the City of Boynton? Assistant Chief DeGiulio stated we need to create a pipeline, we need to start young, we need to be in the schools. It is representing the different Departments and all the opportunities that are available. If we can develop our youth and have homegrown talent it is easy to recruit. We need to extend our selves the more candidates we get there is a better chance that we get the right candidates. Commissioner Turkin asked Assistant Chief DeGiulio what is his thoughts on the staffing in Community Standards. What Departments need more staffing or need more budgeting? Assistant Chief DeGiulio replied that the Police Department also has staffing issues. Unfortunately, when you do not have enough staffing, you minimize certain things that create more significant problems. He thinks that every Department in the City is struggling with staffing. The key to this is recruiting. The recruiting effort needs to be robust. That way, there is a continuous pipeline, and when we do have a shortage, we have people that can come in. Another possibility is cross -training. If Community Standards is not fully staffed, maybe there are aspects of the Police Department, Fire Department, or sanitation that can pick up some of the responsibility. Vice Mayor Cruz asked Assistant Chief DeGiulio what makes him more qualified then the other applicants. She thanked him for his 20 years of service with the Boynton Beach Police Department. Assistant Chief DeGiulio replied that he would not consider himself the better candidate. We are fantastic in our respected fields. He thinks that the Commissioners are the winners because they have three outstanding candidates that can do this job very well. It comes down to fit. It is not a competency or skill set. It is more of the character. He brings leadership to the table. He brings the ability to provide stability. He has been here 10 Page 533 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 a while. He has been involved in not the greatest situations in Law Enforcement. One of our strengths is the ability to handle a crisis. He is different because he comes from 25 years of Law Enforcement and 21 years with the City of Boynton Beach. He has familiarity, experience, and the leadership to help the City get through these challenging times. He feels that he can help the community heal and unite with the local government. Vice Mayor Cruz asked Assistant Chief DeGiulio how he would assure accountability from the teams he would be managing if he were to be selected. Assistant Chief DeGiulio responded with expectations and deadlines. Commissioner Hay asked Assistant Chief DeGiulio, how do you see your 20 years of police experience helping to run the third largest municipality and Palm Beach County? Assistant Chief DeGiulio replied that currently, the Police Department has over 220 employees and roughly a $48 million budget which comprises about 50% of the City's budget. He feels that the Police Department is somewhat of a microcosm of the City from that perspective. We are dealing with numerous components within our organization. It is not just Law Enforcement. We also have community outreach, victim advocates, and investigative services. We have communications. We deal with not just sworn employees, but we deal with professional staff. He deals with the PBA, the sergeants, the detectives, the officers, and the captains. Now, their bargaining units. We deal with SEIU. Working in that environment from a law enforcement perspective, from a large organization/department in the City, it is a little city in and of itself. It is a great training ground for an Interim City Manager. Just look at our city to the South, Delray. Not that long ago, they used their Police Chief to serve as Interim City Manager. Palm Beach Gardens did the same in 2018, and the Town of Jupiter. So, there is a tremendous correlation between the positions. Commissioner Hay asked Assistant Chief DeGiulio how he would promote community trust especially in District II. Assistant Chief DeGiulio responded that one of the things to actually get to a place where we should be needs to be a collaboration between the community and the Police Department. We hear a lot about accountability and transparency. We need to work on a way where we can all be involved. There has been talk about a citizen review board. If there is access to our policies, procedures and training, he feels that we will regain that trust. When there is not enough information available, we start to fill in those voids with negative information. We need to a better job collectively. We say transparency all the time, but do we back it up? Do we know what it means? Be true to your words with follow through. Mayor Penserga asked Assistant Chief DeGiulio how does he treat people. Because as he said earlier each candidate is qualified and has experience in their own distinct ways. 11 Page 534 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Tell me about a time when one of your employees was disrespectful or insolent towards you and what did you do to handle that situation? Assistant Chief DeGiulio stated that after many years of being in police work, you deal with some not just employees, but people that you do come across that are disrespectful. But you have to realize that you know people come from different places and feel different panes. He thinks to not immediately assume that it is disrespectful or that you should take it personally. The reality is that we do not take it personally. We have to understand that something is driving this behavior. It comes down to valuing and appreciating the people who work for you and not necessarily assuming they are coming from a bad place. Of course, we will not tolerate anybody disrespecting us or our co-workers, the people in our work environment, or the community. But sometimes, we have to get a little bit more of an understanding of where this is coming from. How does he treat people? That is the forefront of servant leadership. You have to evaluate. You have to value and appreciate the people that work for you first and foremost. They have to know that their contributions matter when they come to work. That people are watching, like Mr. Scott said, and walking around. We will not be able to evaluate our work environment by sitting behind a desk. We need to be out in the community. We need to be walking the halls, going into workspaces and having conversations. Mayor Penserga asked Assistant Chief DeGiulio for specific examples of how he improved efficiency or performance. Assistant Chief DeGiulio stated that in 2017 we championed the body cameras through Axon. We felt that by bringing in the body cams at this particular time before, there was a push from the Department of Justice or other police Departments. We were ahead of the game. We created an environment of training in the Department where we were ahead of the curve. We taught fair and impartial policing. We instructed every member of the Department and every supervisor at the command level. We did three different levels of it and did de-escalation training in our annual training. On top of that, we also employed body cameras. He thinks that the body cams increased efficiency. We were able to see things in the body cams that helped us with our training. That allowed us to be more efficient. Of course, we would like to have a supervisor on every call, but that comes with costs. We cannot be in every situation. It would be impossible. But, at that time, it was a step in the direction of efficiency. Mayor Penserga commented that our City struggles on multiple fronts when it comes to economics. We have double digit poverty rates in certain areas and we know that the median income is not where it should be. What is your economic plan to drive the City forward? Assistant Chief DeGiulio stated that the City has a team with excellent skills, attributes, and knowledge. He thinks utilizing alternate resources, whether it is grants or to provide opportunities that we would not be part of typically, if we can find alternate sources to do our regular funding from a budget perspective, we will have more accessible funds to 12 Page 535 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 work on those. Those are particularly needed situations. He can say that in the police world, it is a finite budget. There is some creativity when it comes to trying to find alternate sources in grants. That would definitely be one area that he would consider his weakness. It could be something worked on in the future by relying on the complementing skills and attributes of those who work with you. We can bridge the gap of weaknesses and work together to utilize our strengths together. Third Applicant: Fire Chief Stables Chief Stables stated that it is indeed a privilege and an honor to be with you today from the three of us sitting here in front of you, working hard to show you why we are good candidates and to be seated with a community that cares what happens in this City. Many may have a question: Why would the Fire Chief want to become the Interim City Manager? It is pretty simple. He truly cares about this City and sincerely believes that he can serve the greater good of the community in that position. That is why he is here, as noted in his letter of interest, resume, and recommendation letters from esteemed colleagues with whom he has worked throughout his career. He has had a long and accomplished career in service to others, in the public safety arena and the municipal services. At this time in the City, a steady hand is needed in times like these. His unique and purposeful accomplishment throughout his career makes him a well-qualified candidate. Thank you for the opportunity, and what may I answer for you? Commissioner Kelley asked Chief Stables to describe his management style. Chief Stables replied that servant leadership is the basis of where he goes and what he does. Both gentlemen before him talked about management by wandering around. He would like to add something to that. And that is wandering around with a purpose. Commissioner Turkin asked Chief Stables where he currently lives. Chief Stables responded that he currently lives in Port St. Lucie. A year ago, he moved into the City. His rent went up by a thousand dollars a month. That was not sustainable. He does have a strategy to return to the City. His crews will tell you that he lives at the station. He is there early and stays late. He spends very little time in Port St. Lucie. His goal is to live where he serves. Anywhere he has ever served, he has lived. As the Fire Chief, he is trying to get back to Boynton. The Interim City Manager position would move him in that direction as well. Commissioner Turkin asked Chief Stables if appointed what is his first order of business. Chief Stables stated that there are several challenges facing the City. The reestablishment of community trust is at the top of the list. Certain folks are in a place that will require focus and effort. That means getting out from behind the desk, having those conversations, and listening without judgment or feedback. There are times that 13 Page 536 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 we want to speak instead of listening to understand. Listen first to understand, then respond. That is not the norm. We usually listen to respond, and sometimes we respond before we know what is being said. We need to be nimbler and more responsive. To be nimble and responsive requires proactivity. If it is predictable, it is preventable. Commissioner Turkin asked Chief Stables what are we going to do to make sure we can recruit strong candidates into the City of Boynton? Chief Stables replied there are a couple of things. We have a talent pool in the City that may be going untapped for City services. He would intend to focus on that. Growing our own public servants from the public that is currently served. Not everybody can end up in those jobs, but there are opportunities. He has some experience with the local schools and the like. He cannot take a high school kid and make them a police officer. Still, he can send them down some other tracks, and maybe they will not translate out to a college pursuit initially, but he can teach them how to be a wastewater operator or a water operator. He can get them certified while they are in high school. We have done those types of things. We have done public safety academies where we get people trained as EMTs and firefighters, and when they graduate high school, they are eligible for hire as an employee. He believes Palm Beach County does that currently with their explorer program. We could do the same thing in building bridges between our educational institutions and creating that opportunity. He thinks that is an untapped area. The second part is continuing to make Boynton Beach a destination city. He means that it is not just a destination for travel and residence, but a destination where people want to go because they feel part of something important. He thinks that the City of Boynton Beach is that city. That's why he is here. Commissioner Turkin asked Chief Stables how does his experience relate to hurricane response. Chief Stables replied that he has thirty-eight years of public service as a fire rescue responder, he has gone through hurricanes, wildfires, a little bit of everything. He has functioned at the state level all the way down to the local level. He has been the emergency manager for cities. He has given advice and guidance to the policy group. He has coordinated things for disaster declarations, signatures, curfews, and all of those things that exist. He was an incident commander for a 48,000 -acre brush fire. He was an incident commander for a 4,800 -acre brush fire. The 4,800 -acre Brush firewall is much more egregious than the 48,000 -acre brush fire because there were homes involved. That one impacted some lives. His experience in emergency management has moved him to be universal in his approach. He is not just a Fire Chief. He is a municipal servant in whatever he has to do. He will use some of the things that his cohorts talked about, whether sports or military. Everybody in the military is a rifleman, an Army man, or a Marine. You can be the General, but you may be in a foxhole with a gun, just like the Private standing next to you. Commissioner Turkin asked Chief Stables what Department needs improvement. 14 Page 537 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Chief Stables stated that he would be remiss to throw something out haphazardly. He has some areas of concern that he would like to explore further before offering a firm opinion on that. There are many challenges throughout the City, and there are opportunities for efficiency and changing our gaze. The most expensive thing that we say in businesses is that is the way we have always done it. We all get complacent, and we come to a place where that is the way we do it, and it has lost its reason for us doing it that way. He would like to challenge staff, if he is your candidate, to look within and look out at opportunities to change perspective. That is a tough thing to do. If this old guy can do it, anybody can. Vice Mayor Cruz asked Chief Stables how he would assure the Fire Department stays thriving if he was to be appointed. Chief Stables replied with a couple of things. First, since he has been with the City, his goal has been to build succession planning to ensure the next person is there. He can get hit by a truck tomorrow. He has had that attitude everywhere he has been. So, there is no hiccup in continuing service. There are people in the position who can step in and be seamless, and you will not notice a difference. If he is the candidate, he can mentor and assist in the growth and development of future leaders. Vice Mayor Cruz asked Assistant Chief Stables what makes him different or stand out from the other candidates. Chief Stables replied that he was honored to be considered. What separates him is the diversity of experience. To have experienced multiple organizations. To have risen through the ranks and ridden every position in the fire Department in four different agencies. His career has been successful in doing that. If he does not experience those other opportunities, he would not know what he does not know. There are many things that we do not know. He appreciates what the Mayor said earlier municipal service is complexed. Municipal finance is even more complex. Vice Mayor Cruz asked Assistant Chief Stables how he would ensure accountability within the teams he manages. Chief Stables stated it is similar to what the previous candidate said. First, it is about establishing expectations on the front end. Then, it is about holding them accountable by following through. You do not give too many warnings before you have to hold somebody responsible and do what you say you will do. The folks that work with him know that. What I say I do and what I do, I will tell. That is where accountability resides. Vice Mayor Cruz asked Assistant Chief Stables how do we increase employee morale in the City. Chief Stables stated that morale is very individualized. It is also Department -specific. 15 Page 538 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 The others have talked about touring the City and boots on the ground. That is a natural thing for him to do. As the Interim City Manager, you will catch more on the cell phone than in the office. That does not mean that there is no office work to be done. That would probably be an after-hours thing. It is about getting out there and finding out what is going on during regular business hours. Maybe there are promising innovations at the boot level, and we are sitting in the office trying to solve the world's problems, and somebody down there knows how to fix them. Getting more people to feel like they are being heard and recognizing that they are listened to because we move operation and change. He thinks that you will see much greater ownership from everyone. He is not naive. Not everyone comes along. Commissioner Hay asked Chief Stables to go into detail about his other experiences that would qualify him for this position. Chief Stables responded the opportunity to sit as an executive team member in the City Manager arena and be treated as the Deputy Assistant City Manager as the Fire Chief has been a privilege that he has had throughout his career. As the emergency manager, understanding the entire operation of the city, public works, drainage, road, and bridge, all those things are the diversity of his experience. He had a great opportunity in the agency where he spent most of his career. Two of his reference letters are from people who grew up with him in that agency. We all started in entry-level positions. We worked so well together we could step into each other's positions and continue to run operations seamlessly. We have to make ourselves uncomfortable to get better. He can do the Fire thing with his eyes closed. He cannot do the City Manager thing with his eyes closed. He recognizes the position is different and diverse. Working for different organizations gives you exposure to different people and personalities. Commissioner Hay asked Chief Stables about his long-term vision with the Community Redevelopment Agency, Chamber of Commerce and the City's part in that. Chief Stables responded that the most important thing is responsible growth and development in the City. As a long-term municipal employee, residential housing does not necessarily drive the economic motor for a city. There has to be a diversity of revenue opportunities. He would like to sit with the leadership of the Chamber of Commerce and discuss long-term visions. We have a void of manufacturing. We have a void of things industry -wise that are sustainable and diverse. You do not want to build one industry that supports everything because it can be catastrophic should something occur. Our brothers and sisters in Pennsylvania steel mills, when a city builds around a steel mill, and then the steel mill closes, what happens to that city and what happens to those residents and those types of things. Building a thriving economy requires a diversity of revenue and diversity of process. Commissioner Hay asked Chief Stables is a full-service city an advantage or disadvantage. 16 Page 539 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Chief Stables replied that as a full-service city, we have control over our services. When you contract with services, you do not have that same responsiveness and nimbleness to respond to the public's requests. It creates a situation where there is an added level of bureaucracy that nobody probably wants to hear. You want to be able to be responsive to your constituents. That is some of the conversation points with that is how do you build that? What does that look like now? Can you contract services? Absolutely. But is it in the best interest? That is a decision you all get to make, and the constituents make for you. Mayor Penserga asked Chief Stables how his employees at the fire house would describe him. Chief Stables stated that 90% of them would say that he is genuine and they know who is and they know what his expectations are. He has not been shy about sharing his expectation. Ten percent would probably say that they do not like him. When you are in leadership, it is not a popularity contest. Mayor Penserga asked Chief Stables to tell him about a time when one of his employees was disrespectful or insolent towards him and what did he do to handle that situation. Chief Stables stated that he has been blessed and has not encountered that a lot in his career. He encourages people to challenge him though in a respectful way. If you create that system, you never go wrong because you definitely need somebody to ground you and show you the other side of the coin. Being able to listen earnestly without response and not carry a grudge because somebody has a differing opinion. It is paramount to the success of that. It does not mean that he does not have opinions. It does not mean he does not have a strong personality. What it does mean is you are able to listen with two ears and speak with one mouth, slowly. Mayor Penserga asked Chief Stables for an accomplishment he had created since he was with Boynton Beach. Chief Stables stated that he has come to a place where you have the greatest Fire Department in the United States of America. He has experience outside of this state and many others from his exposure and experience with other folks. You have a highly motivated group of people that want to do great things for the community. They are seeking opportunities to serve. He is at a disadvantage because he thinks they do that without him. He is honored that he has been accepted to be part of them. Probably the most significant thing he can say is that they have accepted him as one of them, and he thinks that is the greatest accomplishment he has been able to have while he is here. Mayor Penserga asked Chief Stables what has he done to build trust in the community. Chief Stables replied that he is out from behind his desk and has continued to serve 17 Page 540 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 alongside his folks. We have gone from dealing with Covid when he first got to Boynton Beach to being out at public events and being approachable and following through on what is asked of him. That has probably been the most significant opportunity to be successful for him and be out in the community. What he said earlier, as the Fire Chief, his day does not end at five. His day ends whenever the work is done. So, you can ask any of my folks, you will find him in the office at 10 o'clock. He wants to brag on them for a minute again. He is in his office at Station five on High Ridge. He looks out his window at 10 p.m., and the training tower lights on. He goes over to the training tower and guess what they are doing at 10 p.m.? They are training to be proficient for this community without anybody telling them they should or have to. So, to go back to Commissioner Turkin's conversation earlier, that is how we recruit good people, is we have good people. Those good people will recruit good people. Mayor Penserga asked Chief Stables what would his strategy be in managing the City Commission -City Manager relationship. Chief Stables stated that each of you have different motivations and drivers, but you all have the same interest in making the City of Boynton Beach the leader and the best city in Palm Beach County and the State of Florida. His opportunity to do that is by constant communication with the Commission and understanding clearly the expectations. Follow up with you individually to make sure that what we are doing has the intended effect on the constituents you represent. It is not for him to determine their agenda; it is for him to execute their agenda, a collective vision, and he recognizes that. We all serve at the will of someone. The Commission's collective vision is how we get to a better end and you all in a representative government representing each of your constituents and your district. That is the beauty of our wonderful system; it allows representation where some countries do not get that right or privilege. Mayor Penserga asked Chief Stables what is his economic vision to drive the City forward. Chief Stables replied that it is very similar to what he said to Commissioner Hay earlier. We cannot do it alone, but we can do it by bridging some conversations and pushing in the right direction. We need sustainable, responsible growth, whether that is adding to the economy or changing our spending habits. The other thing about efficiency is that we look at where the money goes and if it is directly benefiting what we intend for it to benefit. Mayor Penserga asked Chief Stables if he would like to make any closing comments. Chief Stables stated that he is honored to be sitting before the Commission. He is honored for his esteemed colleagues. He his honored for the City staff that comes to work every day and performs admirably. We may be dealing with some issues, but that is a small percentage of our workforce that is resulting in these issues. 18 Page 541 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Mayor Penserga opened the floor for public comment. David Katz, 67 Midwood Lane, stated that all the candidates are great. They have all the qualifications. However, sometimes, a candidate makes one comment that sets the tone. He wished that Commissioner Hay had asked the full-service question to the other two. The Fire Chief knows that the City should not go to PBSO and knows that we should keep our Fire Department, keep our Solid Waste Department. Suzanne Oyer, 140 SE 27th Way, stated that she agreed with Mr. Katz. She believes that Boynton has been a full-service city, and Boynton needs to stay that way. She loves the police and does not support them leaving. She thinks it is unacceptable that we do not have City Managers who live in the City. She hopes that everyone has the ability to move. She knows Mr. Scott said he is willing to. We have no water. We have sold all of our water to the cities around us. We do not have enough water to run the sewage, which means there is constant backup sewage. We are in permanent drought restrictions. If you own a single-family home in the City, you cannot water when you want to. You cannot use water. You build apartments until they come out of our ears, and we do not have the water to handle them. You are complaining about economics, yet you are not building office buildings. You are building more stupid apartments. We do not have the water. What's it going to take, a sinkhole with that hideous 10 Story building built on Woolbright and US1 falling in a sinkhole before you guys realize we have no water? How do you expect the City Manager to deal with constituents and work and talk and respond to them? We have Commissioners who never respond to their constituents. How are you going to make the City Manager accountable? Somebody mentioned the Chamber of Commerce. We do not have an actual Chamber of Commerce. How will we get our City Manager to help us get an actual Chamber? How will they work with Sister Cities to build and enhance our economic and cultural relationships? She stated that she is the Vice President of the Greater Boynton Beach Sister Cities, so she is particular about that. She said these are issues that none of the Commissioners brought up that maybe should be. She thanked them for their time and added that she supports anyone who wants a full-service city. Mack McCray, 806 NW 4th Street, noted that the Commission asked the candidates how they would increase the morale in the City. He thinks they need to turn the mirror tonight and look at themselves and say what are they going to do about the damage they have done here in our City. James DeVoursney, 2625 Lake Drive North, stated Mack McCray beat him again. He asked if the other candidates were in favor of a full-service city. Being in the community, there is a concern. He said the Commission is a young board. As a citizen, the concern is that we need to select a candidate who has a lot of experience. Many have some experience, some have less than others, and some, not so much at all. The concern is, as a citizen, that we select a candidate, an interim candidate, who has a lot of experience. He is a physician. He hires 50 employees. He has a billing department. He has a reservation department check-in, prior authorizations, a medical assistant 19 Page 542 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 department, and he has to oversee all of them. Or, he has to hire an office manager, which would be like a City Manager, to manage all these departments. When he interviews an office manager, he interviews the most qualified person based on experience. He understands that relationship building is essential, and he is unsure how these guys do with that. He thinks the Police Chief and the Fire Chief have done great jobs with that, from what he hears. But experience with a young board he believes is the most important. He thinks that is what we have to think about the most, and as a concerned citizen, again, he implores the Commission to consider that. Thank you. Irwin Cineus, 245 Quantum Boulevard, noted that the Assistant Police Chief stated that he would not be a conflict as a 20 -year officer. What happened with young Stanley Davis, III? He cannot help but question what his part is in allowing that. He asked, what is your part in not stepping up and taking care of the trash in your Department? The Economic Developer, all he heard was blah, blah, blah swiftly merging the Sheriff's Department with Boynton Beach Police Department. The community is not stupid, so we are paying attention. We have one person left. He does not know anything about him either, but that is what we have left. Mike Shramko, 433 SW 2nd Avenue, stated that the Fire Chief would be the right person for the job. The police have totally failed him on his street and he does want the Sheriff's Department. Pastor Richard Dames, 407 NE 17th Avenue #202, President of the Boynton Beach Coalition of Clergy. On Monday, April 18th, the citizens of District II along with partners and other organizations assembled together to discuss the potential merging of the Palm Beach Sheriff's Office and the Boynton Beach Police Department. In that meeting, the residents stated that they are still concerned about transparency, accountability and justice at the loss of young Stanley Davis, III. He said you heard the community talk about reform, not replacement. The community spoke loud and clear of the opposition of the Palm Beach Sheriff's Department merger. He also declared that as a stakeholder, as a Pastor and a resident in this community, he is 100% against the merger. He believes that this potential merger would cause the City more harm than good in the long run. This Commission was elected by the people to serve the people not to serve special interests. He said as newly elected Commissioners, you are faced with many challenges and decisions that effect the very lives of the people that elected each and every one of you. He prays that each of you live up to the oath that you took at the time of your swearing in. Mr. Mayor, in that meeting, you heard the community ask a question as it related to the former City Manager. And, from the committee's actions, this Commission last week, you not only listened to their voices, but you expeditiously moved the next night. If you were willing to listen to the voices of the community that night, my question is, are you still listening to the voices who oppose this merger? The Commission has me concerned, particularly in the appointment of a Commissioner whose spouse is an employee of the Boynton Beach Police Department, whose house would benefit from such a merger. As development is underway in District II, we realize and recognize that gentrification is on the move. The Bible says in the book of Isaiah, 20 Page 543 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Chapter five, woe to those who call evil good and good evil. Woe to those who are wise in their own eyes. There is no right way to pass your new role. Bishop Bernard Wright, CEO of Bernard Wright Ministers Real Talk Radio and Real Talk Marketing, stated that you all know the statistics regarding the Sheriff's Department. He has had experiences with them. He knows Bradshaw personally and that he has no great interest for people in that respect. They have the greatest shootings, and it said it's the Police Department in this state. You want to bring them in here? He said he does not think so. He thinks this is up to people. There should be a ballot referendum. Let every voice speak. You cannot speak. You are not qualified to speak. No one here is qualified to speak. But if you own merge in this city, taken our culture and our history away, that is what Pastor Dames discussed. His great grandfather built the first street, the first church, and the first school still exists today. He said having been your former Commission candidate and Mayor candidate, he spoke here for nine years consecutively, coming to this Commission knowing what is going on before you. Commissioner Hay, you are the only one elected twice, appointed Mayor a third time when you should have retired. There has been no change in the City Boynton Beach District II for decades. Who can say they have been for the people sitting here? All the accomplishments they did for Districts I, IV, and III. Stanley Davis is a catalyst for change for the better for the people. But it comes with, first of these three relevant issues: changing this attorney firm, getting justice for Stanley Davis, III, and the merger. The merger will not solve the problem. Lake Worth is worse than it was. Greenacres wish they had never done it. They do not have the money to try to redo it. Why is this even an issue? Let me explain them to you. Who do you want to raise your children? As a parent, he does not want anyone but himself. You want to bring someone to raise us. We are to accept this? The problem then, you have all been holding power. Because we do not know, we have the power, the community. This is our City. He stated Mayor, I am your employer. It is my money that got you appointed. David Merker, 8 Southport Lane, stated he too had the privilege of sitting on the dais in front of all the people and being a City Commissioner. He respects all the members of the Commission but does not know them personally yet. He does not know their attributes yet. How in the world can you get rid of the City Manager when you have never worked with her? You wanted to change a form of government. When? how long have you been sitting up there? With all due respect, you are inexperienced. When he sat on the dais, he had the privilege to sit with Woodrow Hay and Mack McCray learning from them. So, for you to have the audacity, the nerve to decide on the passing of a City Manager on determining whether or not something should change so dramatically, you do not know the heartbeat of the people who live here. Do they want the same police system or not? You just became the City Commissioner in District I. He has been talking to the people in Hunter's Run. How do you vote on something when you have no experience? You are supposed to be smart. The people elected you. How do you vote on something when you never experienced it? 21 Page 544 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Christy Ward, 1518 North Seacrest Boulevard, stated that Chief Stables made the one comment that stood out. "Listen with two ears and speak with one mouth". Often, the community is speaking, but it becomes an issue because we put our interests ahead of people. She is asking that we be transparent and listen to the people. When you start putting things in order, you have to know that at some point, you will no longer be in those seats, and you will have to live in the community. Therefore, if you bring in anything that is not good, you will have to face that as well, not just you but your children and your children's children. When we do these things, we should make sure that we give a good account of what is ethically sound, morally good, and suitable for all. You cannot talk about community if you do not get out and speak to the people. She has not seen the Commission out in the community. She said the only time we see you is when you want our vote. Get dirty, put your hands in the ground. Come into District II. Have you ever sat down and had good conversations? Have you taken these conversations back to your behind -the -scenes meetings? We know that there are meetings behind the meeting behind the meeting. You could be the frog trying to bring the scorpion across the river, but you will still get stung. Pastor Rae Whitely, 239 NE 12th Avenue, Faith in Florida, and the Boynton Beach Coalition of Clergy, stated that because he does not live here does not mean that he is not a citizen of Boynton Beach. He went to school here. He was raised here. He spent most of his adult life in Boynton Beach. He pastored a church in Boynton Beach until he moved to the Lake Worth area. He is upset when people say that he does not have the right to speak. He lives in Greenacres. Revenue is 13 million dollars per year, and they spend 10 million of that paying for the Sheriff. If we bring that to Boynton Beach, it will be one of the biggest mistakes. We have problems in the PD that we need to fix. Make an effort and fix it. Faith in Florida organized a hundred churches in Palm Beach County. We also organized 800 churches throughout the state of Florida. The candidate who is slated for the position, if you support this move into Boynton Beach, we will organize against you. We have to represent the people of Boynton Beach. Boynton Beach is clearly saying we do not want the Palm Beach County Sheriff's Department. John Dames, PO Box 713, stated that a lot of the police officers that are not union are going to lose their job. You tell him that it is fair to them and their families. That is not fair because some of the people in the Police Department did not make the right decision. There has been so much division between the City with the Police Department. But you are talking about bringing the Sheriff's Department that does not know anything about this City. So, you are telling him that they will come in here and roll the red carpet. He does not think so. He knows that the constituents in the City hold you to a higher standard. The Savior holds you to the highest standard. If you believe that you are not being recorded, you are fooling yourself because one day you will have to answer. All these back deals that are being made, that already, we already know. So, if you continue to bring or decide to bring the Sheriff in, we already know it is all about money. He is asking to give the Boynton Beach Police Department an opportunity. Some of these people love what they are doing. Every police officer is not bad in this City. We have someone in higher ranks that did not make the right decision, so what 22 Page 545 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 makes you think if you bring Bradshaw in here, everybody in his Department will make the right decision? He said he does not think so. Sandra Harvey, 608 SW Third Avenue, stated that she is opposed to bringing the Sheriff's Department in here. We deserve to stay a full-service city. There is no reason for you to get the Sheriff's Department in here. We need to fix our problems. Stop shoving it off on somebody else. There is absolutely no reason for us not to fix our problems. You can do it; do not be lazy. We have worked with Boynton Police Department and have engaged the ones who are good and mean well. They have engaged with our communities. They are not all bad, and you are being messy right now. You need to stop it. It is about money. We just had a tragedy. You are trying to shove it off on somebody else, even if that is not what you mean to do. Now is not the time for you to do that. What does the Sheriff's Department do? You have taken away our power. She knows that you can see we will not let you do that very well. So, please rethink that thought. Sheila Gaines, 2500 Quantum Lake Drive, said we did a Narcan distribution in the City of Boynton Beach. We went out and distributed Narcan. Almost three weeks after we did that Narcan and distribution, we had three overdoses in the community. It was not reported because they do not report District II overdoses. But the community was able to administer that Narcan and save those people's lives before EMT could get there. Rick Bradshaw refuses to have his Police Officers carry Narcan so that affects our community. We have so many events in the City of Boynton Beach. She has seen Woodrow Hay at some events. She said Vice Mayor Cruz, you are new. She has seen her at one event. She has seen the Mayor at some of the events. She has never seen Commissioner Turkin and Commissioner Kelley in her life. She did not know that Assistant Chief DeGiulio was a Police Chief. David Scott, where were you when SJ was happening? The frustration comes in because we have these people that want to show up in our communities where we work, live, and play and gain our votes. Something came from SJ, and it was the power of the community built in Boynton Beach, where we are learning that we now possess the power of our votes. So, yes, we will make you stand up to your word. If you say it, you better do it. You better mean it because we are tired of broken promises. We are tired of hearing this is what you have, and this is what will happen. You do not have a say. A lot of us pay our taxes. I have a lot of family in Boynton Beach. She was raised in Boynton Beach. She is proud to say that she was born in Boynton Beach at Bethesda Memorial Hospital. Please continue to make me proud by saying she is from Boynton Beach instead of looking at us like we are these foreign objects, like we do not belong in Commission Chambers. We have a voice. So, guess what? She stands with the community. Bryce Graham, Second Vice President, NAN, Florida Chapter, said there are two enterprises here that make up the beloved community: economics and social justice. It makes up a healthy society. He has come to say that there is an unhealthy society here in Boynton Beach. When you talk about economics and social justice, there is a lack of two. Let's talk about poverty in this community. Let's talk about homelessness in this 23 Page 546 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 community. Let's talk about the lack of injustice in this community and coming from a structure that has been unjust from its very foundation. We must look at what it will take to bring this beloved community to a whole enterprise. Picking a City Manager who will correct the rottenness, the enterprise of the economy, and the social justice within this community. He stands behind those speakers that have spoken before him. We are not blind. We will stand up against you and buck up against you until you hear us. As a people, the community, we do not want PBSO in here. Rae Whitely said that he will organize a hundred churches, a thousand churches, or ten thousand churches from all across the state that come and stand with us because that is the enterprise of the beloved community. Let's talk about police reform, but let's bring the experts here to correct the system, to correct the foundational thing that has been rotten and wrong from the precedence of this community. I come to stand as a community leader, say no to PBSO, and pick the right Interim City Manager that will build the enterprise of the beloved community. Ricky Petty, 4062 Woodhill Place, said there once was an old wise bird that sat on a note. The more he sat, the less spoke. The less he spoke the more he learned. I hope you all like that old wise bird, that wise old owl. Tom Warnke, 2780 Worcester Road, Lake Worth, Florida, thinks that the last speaker, made his point, just as well, as the speaker before him. He said you listen to him and he believes he made his point without the volume. If that volume was used when you addressed each other, what would this room look like? Nobody would want to come here. Everybody would criticize you for screaming at each other. He hopes that decorum in the room will be enforced. He hopes that nothing he says will cause somebody in the audience to make some comment primarily to themselves, but he thinks decorum has its place. He is confident that unless some of the people who speak here do not change their ways, they will be carried out horizontally, not unconscious, but they will have to be carried out of the room. As far as the Interim City Manager is concerned, there is a reason it is called Interim City Manager. He said he does not believe you are appointing a permanent City Manager. He does not think you are negotiating a long-term contract. So maybe that could be made clear before you make your decision as to what interim means so everybody here in the audience will know. He asks that you please appoint an Interim City Manager that regarding the PBSO, will help conduct a thorough, deliberate, long-term financial projection before any decision is made. Going into it quickly and making a quick decision to show that you are changing things will not be a good decision. I think you are going to have to be very deliberate. Go to a first and second reading. Ensure that all the homework is done, not just a financial projection for a year or two. See if PBSO can promise you that they will not add on a lot of extra fees and a lot of additional burden to the City of Boynton Beach before you decide on it. Evangeline Ward, 1518 N Seacrest Boulevard, is the Associate Minister at Hopewell Missionary Baptist Church. It is good to have a voice in the midst of being listeners. We need to make sure that we listen with our hearts while listening. When you are listening 24 Page 547 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 with your heart, many people, when they are speaking, are passionate about things. When there is a passion, we need to realize that these things have affected this community's people. Not only do they affect them for a short time, but they see their parents, grandparents, and children, and it is almost like a legacy. What is going to happen to my children? So, I made it a point. I went to see it. What priority did the City want and require for our Commissioners and our City officials? The priority was, creating a strategic direction for this City. Once you do that, it says adopt good legislation. If the old is not working, we need to wipe it out and start new. One thing she does know is that she does not trust a stepdad to come in and raise her children. She does not trust an outside source that they will not come in and abuse what we already have. Because if you trust an outside source, you might need to remember that you will have to live with it too amid the havoc that you have created. When it says that we are strategic, and all of you should know that because you strategize in everything you are doing. You did not get here by accident. Even when you went through your elections and everything, you strategized what areas you would go in. When you are strategizing, you have to be perceptive. You have to be future -oriented. You have to make sure that you deal with every situation with an open mind. God gave us two ears, two eyes, and one mouth. Make sure when you are making decisions, you are not making them for your own personal gain; you are making them for the whole, entire community. God bless you. Tory Orr, 407 NE 2 Avenue, stated that he does not care about Rick Bradshaw coming here to Boynton. He can stay in Greenacres and Lake Worth. We do not need him here. We are going to work with what we have. There are good and bad apples everywhere. He does not want to see Officer Diehl and Officer Jones be swept by the PBSO. He does not want to see green in Boynton. We have been working with these Officers for years. There are Officers that the children are excited to see in the neighborhood. We have done toy drives with Officer Diehl, and Officer Diehl takes money out of his pocket and looks out for District 11. Officer Jones is in the community and is known for respect. You can call Officer Jones, and he will speak with you. He does not believe that Bradshaw and the team will do that. We have community Officers here that are familiar with the community and the kids. We need to think about the kids. The children work hard during the school year to be part of Shop with a Cop. He does give the City of Boynton Beach Police hell, but he does respect them, and he does not want to see the switch to PBSO. Kathleen Hawkins, 2760 NE 5th Court, stated that she agrees that the PBSO should not come to Boynton and we choose the right City Manager. Someone thought that we did not comprehend what you guys were doing. We do know. We are well educated whether we show it or not. She lives off of Minor Road in Boynton Beach. She cannot walk on Minor Road at night because it is pitch black. Her side of the street is in the City of Boynton. The other side belongs to the County. She has been trying to get lighting on the street for years. Maybe she will get the lights now that we have a new Mayor. When she goes home at night, she should not have to drive with bright lights. When you get up in the wee hours, it is pitch black, and she has her bright lights on, and all the doors 25 Page 548 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 on her car are locked. She is not afraid of her neighbors. She is worried about what might be lurking. Mayor Penserga asked that Ms. Hawkins leave her address with staff so they could follow up with her. When he was elected, one of his initial projects was to have 54 lights placed along Minor Road. Chuck Ridley stated that he is talking on behalf of the SEIU City employees who depend on the Commission making an excellent selection tonight as to who the Interim City Manager will be. Your hard-working and dedicated employees are looking for a City Manager that will be fair. They are looking for a City Manager who knows what it means to be a Blue -Collar worker in the City of Boynton in July when it is hot and sweaty and has the empathy to help them address their issues. Being a City Manager is often difficult because the elected officials love micro -managing. The City Manager that does come in has to speak truth to power. Has to help the Commission understand its role as elected officials. It is the City Manager's job to run the organization. The Commission's job is to run the vision and get the balance right so that all citizens benefit from the wonderful world you can create here in Boynton. Wesley Shuler, 618 NW 2nd Street, stated that the Sheriff will not do what he says he is going to do. The Sheriff will never come to District II. He will send his Assistant Chief, and you will never see him in person. He does not have to answer to you. He answers to the Governor. So why would we put people in that situation? Bringing the Sheriff in here to do the dirty work will only add to the lawsuits. It is time for the Commission to come together and do the right thing for the people. Carolyn Harvey, 608 SW 3rd Avenue, noted that he is a business owner and a member of the Heart of Boynton Association. The Officers that work with the children, we need them back in the community. She would like to see the new City Manager in District II working with the people. For years, District II has been overlooked. The people who we put in place to help us does not do anything. We do not see Commissioner Hay doing anything for District II. Barbara Ready, 34001 Baez Bay, reminded the newly elected Commissioners that they all ran on transparency and seeking public input. There have been two important critical issues that have been added to the City agenda at the last minute without public notice. You have to remember that we are watching. Ernest Mignoli, 710 NE 7th Street Unit 407, commented that no one asked the candidates how they felt about bringing the PBSO into Boynton Beach. How do you not ask them that question? He said that is why you dumped the last City Manager. Golene Gordon, 280 Lake Monterey Circle, reminded everyone that the Sheriff position is an elected position and the next election will be in 2024. If the Sheriff takes over Boynton Beach, the City will have no control of an elected official running the City. Did 26 Page 549 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 the City of Boynton Beach Police department ask for the merger with PBSO? She would like to know why and when. She believes that the City of Boynton Beach should be a full-service city. We have spent millions of dollars rebuilding the Police Department. In 2001 and in 2012, the City of Boynton Beach rejected the merger request from the PBSO. She suggested that the Commission ask around why the request was rejected. Annette Gray, 1500 Gateway Boulevard, stated that she is disappointed with the questions that were asked to access a decision of who is the better candidate for this position. The Commission is the policy making body, therefore the opinion of the City Manager is irrelevant. The City Manager is the CEO who manages and implements the decisions that are made on the dais. The City Manager is an advocate of the people. She feels the questions that should have been asked should have been around relationship management. The best question she heard was what is your leadership style, although she was disappointed at the answer of all three who said: Servant Leadership. In today's day and age, Servant Leadership is only a part of a leadership tool that is required in a City Manager's repertoire. A City Manager is required to be a situational leader, and a situational leader is quick and fluid, and has the ability to look at different situations and pull from their vast array of knowledge to adjust the situation. If you're a servant leader at all times, problem solving is going to be challenging. She hopes that the questions that are asked to the permanent City Manager is a better assessment tool going forward. David Rae, stated that there is no municipality in the County that does not regret bringing the Sheriff into their cities. You are incapable of having power. You are signing yourself up for failure. The citizens of Boynton Beach are organized and stand peacefully together to request that there is no merger. The City of Boynton Beach is a beacon in the County because it is a full-service city. None of you want to be the Commissioner and Mayor to go down in history as handing over the streets and community control to Rick Bradshaw. Listen to your citizens. Dr. Monica Cleckley, 326 West Boynton Beach Boulevard, does not agree with the City of Boynton Beach entertaining a possible merger with the PBSO. She feels that Boynton has well qualified exemplary officers in our City. At this time, we are in a transition period. We are trying to reorganize and rebuild the department. It would be detrimental to the community if you bring in the PBSO. Rick Maharajh,1018 Arezzo Circle, commented that everyone on the dais works for the citizens. He said you do not work for special interest groups. You do not work for the unions or the PBSO. You work for the residents of Boynton Beach. We have been hearing about community engagement and transparency. The abrupt business of firing City Manager Lori LaVerriere has disrupted the business continuity. The PBSO merger is not a good move. It is bad business and you do not have our permission to move forward with this. This something that was tried a few years ago and was unsuccessful. We are a self-service city and we have the best police force in the Country. Let's keep it 27 Page 550 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 that way. You work for us. When we call you pick up the phone, answer your emails. Do your job. Mayor Penserga closed the floor for public comment. Commissioner Hay stated that we have three good candidates. It is tough to make that choice. He does not have any further questions. He is going to go with David Scott for the Interim City Manager. Vice Mayor Cruz thanked the candidates for applying and said it was a pleasure hearing from them. She knows that they all have different experiences that make them qualified. It is also about fit. She thanked Mr. Scott, and stated she has had the pleasure of working with him already. Assistant Chief DeGuilio, thank you for the 20 years of service you have given our community. It shows commitment to the City. We need someone with diverse experience who can understand the different departments within the City. She will move forward with the Fire Chief as her consideration for Interim City Manager. Commissioner Kelley also thanked the candidates, and said each of them brought a different perspective to the table. She looks forward to working with each of them. She is going to reserve her recommendation. Commissioner Turkin stated that this is a hard decision because all three candidates are well qualified. He told Mr. Scott that he is very good at what he does, and the City needs him in the current position. Assistant Chief DeGuilio, thank you for your long-time service here in Boynton. He would like to see his leadership in the Police department in the future. Finally, Chief Stables, many people have recommended you. His recommendation would be Chief Stables. Mayor Penserga thanked the candidates and said he had spoken with each of them. He has enjoyed working with each of them. He has had heart-to-heart conversations, and they bring something powerful to the City. He does want to lose any of them. No matter the outcome of tonight, he still wants all of them on the team. We have great talent here, and we are better because of you. He hears all the public comments and his colleagues on the dais. He has to agree. He told Mr. Scott that he is doing a great job and he wants him to stay focused on economic development. Addressing Assistant Chief DeGuilio, he said we need your stability in the Police Department. You have been a constant force within the department. He agrees with what has been said, and the City needs someone with a breadth of experience. He is leaning his support to Chief Stables. Motion Commissioner Turkin moved to appoint Chief Stables as the Interim City Manager. Commissioner Kelley seconded the motion. The motion passed unanimously. 28 Page 551 of 946 Meeting Minutes City Commission Boynton Beach, FL April 26, 2022 Mayor Penserga recessed the meeting at 8:42 p.m. to allow the Commission to congratulate James Stables on becoming the new Interim City Manager. The meeting was reconvened at 8:58 p.m. Mr. Morgan noted that the GoTo Webinar session had ended. Mayor Penserga asked the Commission for consent for him to be the lead individual to begin the conversation with the newly appointed Interim City Manager to discuss the terms of his appointment. To initiate the conversation, it will ultimately come before the Commission for review and approval. Commissioner Hay inquired about a timeline. Mayor Penserga stated that he would also need to hear from Chief Stables and attorneys. He would like a draft done by the next regular City Commission meeting. Commissioner Turkin stated that he would like for the Commissioners to be involved. Mayor Penserga stated again this is only a draft to bring something to the rest of the Commission. The Commission can still make changes. Commissioner Turkin stated that all members of the Commission should address this. Mayor Penserga stated it would be. The question at hand is will it be alright for him to start the process and then bring it to the rest of the Commission for their review and approval. Or is it the desire of the Commission to initiate the whole thing amongst all Commissioners simultaneously? Commissioner Hay commented that if we go with the entire Commission, it would have to be announced and known to the public. Commissioner Turkin commented his concern was with proper notification to the public. He is okay with the Mayor starting the process. 2. Adjourn Commissioner Hay motioned to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:03 p.m. 29 Page 552 of 946 Meeting Minutes City Commission Boynton Beach, FL ATTEST: Crystal Gibson, MMC City Clerk Tammy L. Stanzione Deputy City Clerk 30 April 26, 2022 CITY OF BOYNTON BEACH Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley Page 553 of 946 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, May 3, 2022, at 5:30 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Openings A. Call to Order - Mayor Ty Penserga Michael Cirullo, Deputy City Attorney Crystal Gibson, City Clerk Mayor Penserga called the meeting to order at 5:31 pm. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church The Invocation was given by Amalie Ash, First Presbyterian Church. Pledge of Allegiance to the Flag led by Mayor Ty Penserga Mayor Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga added under Unfinished Business, a discussion about the search process for a permanent City Manager. Commissioner Turkin added to Future Agenda, staff review of Green Space requirements. 2. Adoption Motion Vice Mayor Cruz moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. Page 554 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 2. Other A. Informational items by the Members of the City Commission. Vice Mayor Cruz had no disclosures. Commissioner Hay stated that he attended the League of Cities meeting. He also attended the community meeting at the Carolyn Sims Center. Commissioner Turkin had no disclosures. He attended the Rock the Plaza event and the opening of Mancave. Commissioner Kelley had disclosures. On Saturday the 23rd, she attended the Earth Day Celebration at City Hall. It was a great success. She thanked staff for always doing an amazing job. Mayor Penserga disclosed that on Saturday, April 23rd, he attended the Earth Day Celebration. He also attended Rock to Plaza and the Fire Fighters Fishing Tournament and Chili Cook Off. 3. Announcements, Community And Special Events And Presentations A. City lobbyist Mat Forest to provide the City Commission and the public with an update on the state Legislative Session. Mat Forest, Ballard Partners, provided an update on the state Legislative Session. Commissioner Hay inquired about the crime prevention bill. If it is struck down by the Governor, can it be refiled? Mr. Forest stated that if the bill is struck down, there is nothing stopping him from refiling it again. Vice Mayor Cruz stated that she would love to have Mr. Forest come back after the special session is over and talk about any changes in property insurance. Mayor Penserga asked what is the process for business damages. How would a business make that claim? Mr. Forest stated that he would rather provide that answer in writing rather him trying to remember all the details of a long bill. B. Proclaim the month of May 2022 as Mental Health Awareness and Trauma Informed Care Month. Proclamation to be received by Gerda F Page 555 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Klein from the Boynton Beach Mental Health Committee. The proclamation was accepted by Gerda Klein from the Boynton Beach Mental Health Committee. Mrs. Klein thanked Mayor Penserga for proclaiming the month of May as Mental Health Awareness and Trauma Informed Care Month. She is also grateful for the City's continued support of Mental Health education and awareness in the community. Mrs. Klein announced the Remembering and Healing Together event that will take place on Sunday, May 15, 2022 from 1:00 p.m. to 5:00 p.m. at Centennial Park & Amphitheater. A warm thanks to Eleanor Krusell and her amazing marketing team. C. Proclaim the month of May 2022 as National Historic Preservation Month. Proclamation to be received by Barbara Ready, Chair of the Historic Resources Preservation Board. Barbara Ready, Chair of the Historic Resources Preservation Board, accepted the proclamation and thanked the Commission. As we embark on the next three years of our City's history, we should remember that we stand on the shoulders of the people who have come before us, the people who created the rich tapestry of the story of life in Boynton Beach. In our rush to make everything shiny and new, care should be taken so that we do not forget who we are and unravel too much of the beautiful tapestry of what Boynton Beach was and is. According to a recent University of Florida study. Historic preservation is a proven economic driver. Preserving the pieces of our history is not only ecologically smart. It can create community pride, improve property values, and increase visitor interest. We need only look to our cities in the neighboring area to see how historic preservation has improved and benefited them. She told the Commission that as they begin work on the strategic plan, she would urge them to remember to make what they weave into our tapestry as meaningful as what came before them and include more appreciation, what little is left of the historic pieces of Boynton Beach. Change just for change's sake is not always good. Thank you very much for reminding everyone of the importance of historic preservation. D. Announcement by John Durgan, Economic Development Manager, regarding Turn the Tables Career and Internship Expo on May 11, 2022. John Dorgan, Economic Development Manager, stated that the City, in partnership with Path to College and Career Source of Palm Beach County, will be hosting the Turn the Tables, Career, and Internship Expo. next Wednesday, May 11th, from 2:30 p.m. to 5:30 p.m. at the Arts and Cultural Center, located at 125 East Ocean Avenue, on the second - floor auditorium, right here in Downtown Boynton Beach. This expo is geared toward high school students interested in paid and unpaid internship opportunities and potential entry- level positions in various industries. The goal is to connect students to internships that will provide hands-on experience, help build relationships and rapport with future employers, and learn about the industries of the future. This style will also benefit employers. By creating a talent pipeline of prospective employees, we believe that 3 Page 556 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 investing in our students at an early age will benefit our employers in the future to adapt to labor shortages and hiring difficulties while creating a skilled workforce. For more information and to register for the Expo as a student and an employer, you can visit the website at www.boynton-beach.org internship®fair. Or you can call him, John Durgan, at 561-742-6014. In addition, there are flyers in the back of Chambers for those who may be interested. Vice Mayor Cruz inquired which professions will be covered at the event. Mr. Durgan responded that there are currently 14 employers that are registered and they range from logistics, hospitality to medical. 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) David Katz, 67 Midwood Lane, commented that when Ms. Cruz voted to terminate the City Manager, she mentioned that the staff was too friendly with the developers. They are professional people, and they meet with developers, their staff, and representatives and inform them of the Code and Ordinances of the City. They are not friendly. They do business with them. It is the Commission that is friendly with the developers. He said you are the ones who grant exceptions and variances. Ms. Cruz, you took in close to $13,000 from developers and representatives for your campaign. The Mayor took in over $24,000 from developers and representatives. He does not think that the staff is cozy with the developers. It is the Commission. When Ms. Kelley was appointed, the Mayor noted that we were making history. Well, the Mayor blew it again. You do not know the history of Boynton Beach. Arleen Wiener served on the Commission with Sam Delong, Bill Delong's daughter, two women who served over 30 years ago. Mrs. Wiener also served alongside Lynn Matson and Lilian Artis, Commissioner Hay's sister. The day after they fired the City Manager, Mayor Penserga moved into the City Manager's office. He does not know why the Mayor needs that office. Do you think the employees are happy? You are in Neverland if you feel the employees are happy about what you are doing. Can you explain to everyone here why you need that office? Why are you meeting up there with union members behind closed doors? Why are you meeting with other Commissioners behind closed doors? You are in violation of the Sunshine Law, and you are not allowed to direct staff, which violates the Charter. Mack McCray, 806 NW 4t" Street, congratulated the new Commission members and told them to be sure they have a copy of the City Boynton Beach's Charter. Make sure that you have ethics training. Not only is the County Commission on Ethics watching you, the state is watching all of you. At the last meeting, the Mayor congratulated the new City Manager. Sir you are only the Interim City Manager. Mr. McCray had the opportunity to work with the Mayor for three years. He said, sir, it was a pleasure to 4 Page 557 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 serve with you for those three years. He does not know what happened after those three years. He asked, what has happened to you and your ego? His parent always told him be careful for the people you step on the way up, you will need them on the way down. Cindy Falco-DiCorrado, stated she was told that only four hours a year you are taught the Constitution. Each one of you have sworn Oaths of Office to up hold the Constitution of the United States of America and the Florida Constitution. The Constitution keeps the Government from encroaching on our rights. She will be at each meeting to read part of the Constitution. She is glad that the public is still allowed. This is a public meeting and we are your bosses. Whether you feel that way or not, you do work for the people and each and every one of you are public servants. Please do not forget that. We are not here to serve you. You are here to serve us. Susan Oyer, 140 SE 27th Way, stated the former Mayor pictures hanging in the Chambers have been grossly distorted. She pointed out her dad's picture and stated that is not what he looks like. He said they should have been left in their original frames with the original pictures. These are the men and women who made the City the third largest city in the County and the great City that we are. With the expectation of former Mayor Hay who is a respectable man, what has been going on lately is not a respectable situation. She hopes that something is done with the Mayor pictures. It is embarrassing to the entire City what you have done to our former great leaders. They were greater than you all will ever be. When she quit the Arts Board about all the problems on the Arts Board and with Courtlandt McQuire, the Arts Board Chair, and the Vice -Chair, Marcia Levine, they regularly violated the Sunshine Law and Code of Ethics. She brought it up. She sent two different e-mails, one to the Mayor and one to the whole Commission. You are aware, but you turn around, and you put Mr. McQuire on the Planning and Development Board. This is a man who regularly violates the Sunshine Law, and you did this. You put him on the most crucial board in this City, a quasi-judicial board that has so much impact, and he is very likely going to do the same thing. She is not accusing him of having done anything currently. He tried to drag me in the middle of this nonsense on the Arts Board. That was a wrong choice. She said she does not know which one of the Commission put him on the Planning and Development Board, but they need to stop and look at this. Maybe, you want to go back and read the letter that she sent to the Commission about why she quit the Arts Board? She said did post some of it on Facebook when he was running for office, so that the public would know what he has done wrong. Please, do something about this. You put a man on there who the City Attorney had to have multiple trainings to tell him to stop doing this and explain what Sunshine Law and Code of Ethics training is. Herb Suss, 1711 Woodfern Drive, said that Woodrow Hay is a great former Mayor and one of the best Commissioners we ever had. He thanked him for voting to keep Ms. LaVerriere. He said he voted for Commissioner Cruz and has to admit he is sorry. He called Commissioner Cruz last Friday and asked when is he going to get a call back. He said the biggest thing tonight is keeping our police. Once we get rid of our Police Department, what is next the Fire department? He wants the City of Boynton Beach to 5 Page 558 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 stay independent. He asked the Mayor why the heck he was using the City Manager's office. He has no right. What is it good for your ego? He thinks it is against the law. If it is not, he will stand corrected. He has done a lot for the City. He has not been here in a long time. Maybe things are going to change. He said he sees a lot of good people that he remembers. Rae Whitely, 239 NE 12th Avenue, announced that May 5th is the National Day of Prayer. We will be having prayer at the amphitheater at 10:00 a.m. and at 5:30 p.m. He asked at 10:00 am to bring our City workers and City staff. Faith in Florida, Boynton Beach Coalition of Clergy, Saint John Missionary Baptist Church and other community faith leaders will be there to pray with the community. At 5:30 p.m., we will be back to pray with community members who may be getting off from work. We want to make sure that you have an opportunity to come, regardless of your faith. This is not a specific faith day; it is a multi -faith thing. So, you could come out and begin the reform in reconciliation through prayer. Christy Ward, 1518 N Seacrest Boulevard, a representative of the Coalition of Clergy and Faith in Florida, stated that the people do not want a merger with the PBSO. She was born and raised in Boynton Beach. She remembers when Seacrest was just two lanes. She remembers the goodness in the City of Boynton Beach. Again, please do not bring in this merger. We have a good structure here. You have some bad ones, and you have some good ones. Instead of demolishing and getting rid of everything where we lose power. So please reform and not replace. We have a good structure. Let us gut out whatever needs to go and build from there. Once you start listening and hearing, the people will back you. When you do not listen, we cannot back what we know is wrong. Anything that you do, God sees it, even if we do not. Irwin Cineus, 2405 Quantum Boulevard, commented that there was a community meeting last night, and he appreciates the people there. It was noted that there had been sheriffs in the community. He feels that they are taking the stance that they are already here. Who would we report that to? He wants to make sure that jurisdictions are not being crossed. Another community concern is the lights at the basketball court on NW 10th. Not all of the lights are working. Also, the surrounding area is dark at night. Is there any update on the Internal Affairs investigation regarding Stanley Davis, III? Gregory Hartmann, 1083 SW 25th Place, commented on the proposed ordinance for the voting boundaries. He feels it does need a second review in front of the Commission that is now seated in front of the community. He believes that option one was the choice. He is not sure that is the best representation for the community. He believes that option two or three would give the community better representation in City Hall. This would move Skylake into District I. He believes they have more in common with Golfview Harbor, Hunters Run and Treasure Island across the street than with the East side of town. He also thinks it is taking away a bit of a voting block from the East side of town. He said he wants to make sure each side can be evenly represented. He thinks the Stanley Weaver Canal makes a natural north -south order for our Commission districts It Page 559 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 as -is. He believes this would bring more balance to the City. It would help each side of town better represent the Commission, and that have similar interests can be together. The districts represent the different cultures and diversity within our community. Having more like-minded communities more geographically together makes more sense than having ones that are across town. Maybe not so like-minded and also not geographically in the same area. He asks the Commission to reconsider that as it is currently seated. Please give strong consideration to options 2 and 3 on those maps. Sheila Gaines, 2500 Quantum Lakes Drive, stated that the pandemic did a number on all of us. It forced us to learn ourselves and passions. It forced us to create new interests or hobbies. She is the Executive Director of Trinity Council Center. We focus on removing the stigma of the black and brown communities in regards to mental health awareness. She commends the Boynton Beach Mental Health Committee for what they are doing for mental health awareness. This is taxing on our mental health. We are heard and there is no feedback. We need casual conversations on Thursdays in Sara Sims Park at 5:30 p.m. on the bleachers. Not only do we talk about the issues that are happening in Boynton Beach, we talk about the issues that are happening in our lives. With the pandemic, the suicide rate for young girls went up 50% and nobody is talking about it. We are going to talk with either a licensed therapist, a group facilitator or a primary therapist to provide that healthcare access to people who may not be able to afford that. It would be a great opportunity for the Commission to come out and have a casual conversation. Instead of us just talking and there is not rebuttal. Bishop Bernard Wright, CEO of Bernard Wright Ministries, of Real Talk Radio and Real Talk Marketing, stated that we have begun wrong. Mayor Penserga, you have violated the Charter. You have given direction to the employees. Taking over the City Manager's office, you are having meetings in there that you should not be having. That is starting wrong. We want to talk about PBSO coming in here. What we need is justice for Stanley Davis, III. We cannot focus on that because what you just did is injustice. We see a new Commission that has started off wrong, except for the firing of the City Manager. He thanked Commissioner Turkin. He said to Mayor Penserga, no has ever done what you have done: trying to have an office like you are king. That is bully and that is gangster and you are not a gangster, but those who are behind you are. Those are the ones that are controlling you because their money got you in. You have no power. He added that he would like to see the merger with the PBSO be on the ballot. He would like to see that because we have some work we can do and we are going to do it just like Riviera because every citizen in this City has the constitutional right to be heard. Gloria Goldstein, 337 Boynton Circle, wished all the mothers a Happy Mother's Day. She was bothered by the fact that Commissioner Cruz brought the attention to Commissioner Kelley when she was being appointed, that she is a working mother. Many of us are working mothers. She said she raised twins herself and worked. She does not think that anyone should be disciplined or awarded for being a mother. We do not need you to out anyone for what they said about being a mother and working. There are men who raise children who work. F Page 560 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Bryce Graham, Second Vice President of NASA, Florida Chapter, stated that he sees the chess moves made while other people are in Candyland. Putting people in certain positions to do certain things and push specific agendas. Yeah, he sees it. He sees the sabotage that is going on in this City, which is unacceptable. Now he has gotten caught up in the politics of Boynton Beach, but there is some serious stuff that needs to be addressed here in Boynton Beach. Yeah, he knows we made demands for the City Manager to be removed, but that's not enough. He said he knows the Police Chief resigned because he had other things going on in his life that he did not consider until five months later. After 128 days after Stanley Davis, III was killed in Boynton Beach, there is still injustice. Let's talk about firing Mark Sohn. But you do not want to do it because of an investigation, fire him, and if you are wrong, take the brunt of the lawsuit and deal with it like this community is dealing with pain and suffering. They are telling you, clear as day, that this community does not want PBSO in here. You hear the cries. So, while you are scrambling, taking money and bargains, do not forget the people because people will speak in Boynton Beach. Pernell Davis stated that he appreciates the move made at the last Commission meeting to move our City forward. Traditionally, it has not gone well for our community, so when we try to keep the tradition, that tells us that you want to keep us oppressed. We have a group of people who will stand with us and be bold enough to hear our cries, to figure out a way to help us and meet our needs. We definitely appreciate that. So, as he said, the tradition has not been good for us, and hopefully, that was the first step in actually making progress in understanding that we do have the power to do stuff. Traditionally, staff does not go how we want it to go on. Traditionally, we do not use the power that we have, but now, we will use that power. So, if we are up here, and we do not understand the power that we have, then what is the point of being up here? Because, as you can see, our community cannot speak for the rest of the districts. Our community appreciated what happened because that person oppressed many people in our community. Maybe she did not do it right there right on them, but somewhere down the line are people that's oppressed. So, what the other people are upset? Let them be upset, because s***t we have been upset as long as Boynton had been here. So, you had a week to be upset. You have a couple more weeks. We appreciate what you did, and we will keep coming here because we keep meeting people who will come through. So please, continue what you did. Do not just throw us a bone and that is it because if you do that, then we will be there, too. We got more business to take care of. We have Mark Sohn, and we need to know some timelines and when some stuff will happen. Because if you asked him, it should not take this long. He should be fired. Let us have a meeting tomorrow to have him fired. We started clearing house. We will begin with him, and then we might work with Ms. Snow. Wesley Shuler, 1618 NW 3rd Street, commented that he is puzzled that there are secret meetings and doing what we want behind closed doors. If that is the case, we need an investigation to find out what is going on. He is tired of what is happening behind closed doors. It is time to get this police officer out of here. Commissioner Hay, if you want to :, Page 561 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 get your soul right with the situation, you need put it out to go ahead and get rid of him. It is taking too long. When the Miller boy was killed in Delray, it did not take this long. The Assistant Chief got rid of him with no hesitation because he did not want the blood on his hands. We need to stop this. We are tired. Time is running out. When this ship sinks, it is going to be like the Titanic. Sharon Thompson, 800 N. Federal Highway, commented on what transpired last night at the community meeting. She had to go back and play some of the people's live audio and respond to what Commissioner Hay said. Some of the things did not sit well with her. Addressing Commissioner Hay, she said one of the things was when the young lady got up, and she said to him, how can we trust that he is going to lead us in the right direction this time if he stood before the mother at her son's service and said we could count on him, and his response bothered her last night. It would be best to tell us that we have to vote for him to do the right thing. So, she said he implied that us being united, taking a stance coming here, fighting for a change in getting the City Manager out, was not right. She has a problem with that. The community has witnessed Ms. LaVerriere being in a position for decades. She shows that she is incompetent in rendering disciplinary actions to insubordinate staff members, although there have been numerous recommendations. She has shown that. Commissioners, you guys weren't there, but he kept referencing the meeting that you all are young and implying that you guys, in a sense, kind of lack knowledge. So, you guys should not be attending these workshops. Commissioner Hay, you have been on this desk for more than one term. You have more experience than them, yet you attend these workshops. She does not see the benefit. You still lack knowledge. You lack understanding. You lack leadership. You lack ethics. You lack everything. You also said that if we make a change, there will be a rush to expedite her son's case. She said she stands before him to let him know we do not need a rush. We needed a thorough investigation that FHP failed to give us, so we had to call in the Department of Justice. Keyla Franklin, 800 Federal Highway, stated that she has a problem with Commissioner Hay. As the mother, she does not need a rushed investigation. She needs a thorough investigation. As we witnessed, FHP took over the investigation for charges to Mark Sohn, put in their time, and still did poorly. Leaving it in Boynton's hands, Mark Sohn broke a policy not once but multiple times, which Ms. LaVerriere saw and failed to reprimand him. Ms. LaVerriere was here for 20 years. Officer Sohn was here for 20 years. Officer Sohn killed three people. He was not reprimanded. He killed two people prior to my nephew. He was not reprimanded. Mrs. LaVerriere did not see anything wrong with the first two deaths that he caused. That is why she had to go. She said that is why you need to go, Commissioner Hay. As everybody said, you sat at the funeral, acting like you had our backs. We did not ask you to come there. We did not ask you to be on a panel. We did not ask you for your voice. We did not ask you for anything, and you sat here last week and went against everybody else when you said we get your vote. Yeah, you suck. Ernest Mignoli, 710 NE 12th Avenue Unit 407, claimed that he witnesses crime scenes p Page 562 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 every day, child endangerment and drugs. The Fire Chief will not come over when there are floods. He sits up in his car, taking pictures of the flood. During the flood on Friday, he took photos of the clogged drain. Why will you not order the drain cleaned out? Who are you putting in these positions? Check out people's backgrounds. Look at the guy that you gave the contract to the concession. Look at this City lawyer. You got a smirk on your face. Look what your partner did in that dirty deal with that concession. Look at who you helped get the contract: a prostitute, a pimp, and a felon. You do not think your law firm needs to go. Could you do me a favor tonight? At least take a vote to get rid of this firm. Everybody he talks to is filing lawsuits and attorney bar complaints. How much more can they take of this rotten Fort Lauderdale law firm? Why do you not get some local people? What do you bring in here, from everybody, everywhere else? Even if they live at home with 20 people, he would rather have them. No return phone calls. You are a bunch of corrupt people. Look what you are doing up in that office up there. Where do you have a Mayor with a phony name on his picture? Mayor, why do you not give your name? I never heard of that. He has never heard of a full-time teacher: Monday to Friday up in Riviera Beach, teaching biology and supposedly running the City. Where are you? You are up there full-time because Katz got you a job. All corrupt; you are all corrupt. Even the new people, you are all corrupt. You are all in that meeting with the Sheriff, with the City Manager's office. You do not think nobody knows? Even your Interim City Manager is wondering why he does not have an office. Where do you ever see a City Manager without an office? And the Mayor never had one here. He had it in the post office box over there. At least I gave my real name Mayor. Why not give them yours? John Dames, PO Box 713, said this City has been divided by the Police Department for a long time. In 1989, the Boynton Beach Police Department, three police officers shot a young lady in our City 11 times. She was shot 11 times. By the grace of God, she did not die. Her father was a City of Boston employee for 35 years. If she walked in here today, you would not even know who she is. She does not have a scratch on her. She got an attorney, sued this City, and won in the lower courts. The jury found the City of Boynton Beach liable. She was awarded $1.1 million dollars in 1989. Well, guess what? They appealed it to a higher court, and the Jim Crow laws kicked in and it was thrown out. That lady took 11 bullets and did not receive a dime. That is when you start seeing this City divided. This is the history of what we have been through for years. And if you think that Sheriff will come in and pick up where somebody left off, get ready. Lawrence Shramko stated that in the past year, there were 28 shootings. Before that, there were 5 to 7 and 5 to 7 the year prior. Mrs. LaVerriere's name is all over that stuff. He said so those of you who are in favor of her, you want to kiss her butt, he highly advises you to go through his e-mails as a public record. Look at all this stuff she has done. He knows firsthand at least 20 people who were hurt because of a sign blocking the view of people in the school zone. The sign is still lit up. It is still causing accidents. The sign is still up. Everybody is mad about the kids. What are you going to do for the kids? Nothing is being done in any of the parks. The kids were coming out of Covid. They could not do anything. He said he has a daughter, as well. These are kids, and they need to be able to play outside. We have major public safety issues. The attorney who talked earlier in 10 Page 563 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 the meeting about new law changes. He said he highly advises him not to close the public boat ramp on the 4t" of July because last year, when it was done, it put half the commercial fishermen out of business locally. He said he was not trying to be negative, but the Lori thing, when they want to stick up for her and come up with tit for tat crap, let's move the City forward. You know she is gone. Who cares whose office somebody's in at the City? He does not give a s**t if they get the whole top floor. He said you are scaring people from coming to the meeting that will bring positive change to the town because you sit in there and scream at everybody who is part of it. He does not give a s**t what part of the town you are from. There are too many people bringing too much negative stuff in there. If you want to move the town forward and people back, you have to calm down. You have to think straight and focus. Let's get this town moving in the right direction. Dr. Stephanie Hayden-Adeyemo, 2981 SW 15th Avenue, N102, commented that it is unfortunate that some believe that the meetings are abusive, et cetera. Still, you must understand that sometimes, when your back is against the wall and you are not being heard, the room will not be comfortable for those that are commonplace. They are used to having no opposition in a meeting, and they pass things, and things happen inside the room. None of the residents are tuned into what is going on. Having the option of having webinars, or in person, et cetera, gives us a sort of kind of inside view of what is going on within the City. 2.5 years have gone by, and this has been our mode of showing up at the meetings, like the gentlemen who spoke about a shooting in the City way back when I was not alive. But you can tell that the commonplaces of doing things as a business are not comfortable with those that have been coming to you day in and day out, through conversations, through e-mails to having press conferences, through having days or remembrance to realize that this is important to them. If something is important to you, you want everyone to hear your goal. You will go to the top of a balcony and scream until someone hears you. She does not care if someone comes and says, "Oh, the decorum in these meetings is making people uncomfortable." It needs to make people uncomfortable. Someone died. Three people died senselessly because one had the power, as a leader, to make decisions with a concise group of people who sit on a dais. She does not want to hear anybody saying, "Oh, this is looking bad " She said she does not care. The people that should have thought about it are the people that are elected. That is your job to listen to your constituents, not to sit there and to look pretty and cute in suits. 5. Administrative A. Consideration of a Special City Commission Meeting to accept staff ranking of applications to the Notice of Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds and to award funds based upon application eligibility and proposed programming. (Tabled from the March 15, 2022 City Commission Meeting.) Motion Page 564 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Commissioner Hay moved to remove Agenda Item 5A from the table. Vice Mayor Cruz second the motion. The motion passed unanimously. Mayor Penserga asked for the specifics about the workshop. David Scott, Director of Economic Development and Strategies, stated that the workshop will be in the Commission Chambers on May 18th from 5:30 p.m. to 7:30 p.m. B. Appoint a City of Boynton Beach Elected Official to the local Affordable Housing Advisory Committee (AHAC) pursuant to Florida Statute 420.9076 - State Housing Initiatives Partnership Program. RJ Ramirez, Community Improvement Manager, stated that this item is in reference to the State Housing Initiatives Partnership (SHIP) program. This program requires that an elected official be part of the Affordable Housing Advisory Committee. Former Commissioner Romelus was the representative and Commissioner Hay was the alternate representative. Vice Mayor Cruz asked how often are the meetings. Mr. Ramirez responded there will be at least three meetings. One will be a workshop to review the eleven initiatives and the other two meetings the committee will prepare a report to bring to the Commission. Motion Mayor Penserga nominated Commissioner Hay as the representative. Commissioner Turkin nominated Commissioner Kelley to serve as an alternate representative. Vice Mayor Cruz moved to approve the nominations. Commissioner Turkin seconded the motion. The motion passed unanimously. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Penserga read the list of current advisory board vacancies. 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. Accept the written report to the Commission for purchases over $10,000 for the month of March 2022. 12 Page 565 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 B. Proposed Resolution No. R22-062 - Approve and authorize the City Manager to sign a hurricane commissary contract between The City of Boynton Beach and Catering Solutions, LLC to provide food for City employees working in the aftermath of a hurricane. Expenditures not to exceed $50,000. C. Approve the purchase of parts and equipment with South Florida Emergency Vehicles as a Sole Source vendor for maintenance and repair of Sutphen Fire trucks and ambulances. The estimated annual expenditure is $75,000. D. Proposed Resolution R22-063 - Approve Application and Resolution for Assistance 2022, Under the Florida Inland Navigation District Waterways Assistance Grant Program. E. Approve minutes from the April 19, 2022 City Commission meeting. Motion Commissioner Hay moved to approve the Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Bids And Purchases Over $100,000 - None 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance 22-012 - Second Reading - Approval of Ordinance amending the Commission voting district boundaries. This is done in accordance with requirements outlined in the City Charter. Redistricting takes place every 10 years, each time after the US Census is completed. (Continued from the April 19, 2022 City Commission Meeting.) James Gammack-Clark, Senior Instructor, Department of Geosciences at Florida Atlantic University, gave a presentation on the redistricting alternatives. Commissioner Turkin inquired about the construction that was taken into consideration. Is this construction going to be completed by the end of 2023? There are a few high-rises being built and developed. Riverwalk on Federal, 13 Page 566 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Broadstone has been approved. He said he believes that will be over 200 units. Then, there is 115 Federal that is being worked on. He asked, where is this data coming from? Mr. Gammack-Clark responded that the data was provided by staff. It not only accounts for development that is ongoing but also developments that have been completed since April 1, 2020. Commissioner Turkin asked if the data includes Riverwalk and Broadstone. Mr. Gammack-Clark stated that he does not recall specifically which projects were included. He will check that data and get back to Commissioner Turkin. It does include a mixture of multi -family properties and single-family properties. Commissioner Turkin inquired about the cost of the study. Kathryn Matos, Assistant City Manager, replied the cost was between $25,000 and $30,000. Commissioner Turkin asked when the redistricting goes into effect. Mr. Gammack-Clark stated he would refer to the City Attorney, but obviously after the second reading and an established effective date. Mike Cirullo, Deputy City Attorney, stated it will be effective once the Commission passes the ordinance and provides it to the Supervisor of Elections. Commissioner Turkin asked if these changes would force any of the Commission to move. Commissioner Hay stated that the big factor was the least amount of impact on the residents. There always seems to be confusion on where to vote. We do not need that if we can accomplish all the different guidelines that were set with Option I. Deputy City Attorney Cirullo commented that if a Commissioner lived in an area that would be redistricted into a different district, the Commissioner can continue to serve but could not be reelected. Commissioner Kelley asked that in your experience because we chose Option I which has the fewest impacts on the residents, when would redistricting happen again? Mr. Gammack-Clark responded that some cities have language in their charters that specifically call for districting to occur again should it be discovered that the 14 Page 567 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 population exceeds the current threshold. He explained that the City does not have that language in its Charter. All options are well below the threshold, so there is room to work with. It is hard to project where development projects will occu r. Mayor Penserga stated that he supports Commissioner Hay. Option I is the only one where you did not mention that there would be a cascading affect. There would be one change after another with Option II and IV and it will create confusion. He supports Option I because it minimizes disruption and confusion. Motion Commissioner Hay motioned to accept Option I. Vice Mayor Cruz seconded the motion. Mayor Penserga opened the floor for discussion from members of the public. Susan Oyer, 140 SE 27th Way, stated that she agreed with the Mayor and Commissioner Hay, Option I is the best way to go. She thinks the rest will invite a lawsuit for the racial disparity that will happen in District 11. She feels that each District is unique in its characteristics, traditions, history, people, and culture. Mayor Penserga, you are right. This is the way to go. Herb Suss, inquired if there will be enough time between now and November to notify the people of the changes. Mayor Penserga noted that staff will respond after public comments. Mr. Hartmann stated that he is in favor of Option II or Option III. The amount of change should not be a factor. Equitable solutions and as a Commission that prides itself on equity, equity is what we should focus on. That would make sure that District II has the representation that feels right for them and making sure communities West of 1-95 feel represented by their Commissioner. The Stanley Weaver canal gives us a natural boundary. He believes that the City is more balanced East to West and people would agree that the Eastside is different from the Westside. The North is different from the South. As we have it now, including Renaissance Commons in District I is not in character for the community. He does not believe Hunters Run and Renaissance Commons have a lot in common. Keeping those two in the same district is a disservice to the people, and it is not equitable. Option III he thought, was a solid option, and Option II was great. He believes it is a matter of making sure it is represented. The number of affected people will not mind having to go from one precinct to another. There are precincts all over. He thinks what they would mind is making sure the proper person in their City represents them. They are not represented by someone who does not live in their district, who cannot even understand what it is like to go into 15 Page 568 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 their neighborhood. So, he thinks making sure there is East, West, North, and South, and using the Stanley Weaver Canal as that divider would be the most equitable solution for our City. Sandra Watson, 348 Boynton Bay Circle, stated that this was too much and she was confused. She felt that there should have been a workshop so that they could understand what was going on. She keeps hearing people talking about this community is separated from this community and that community. Now that sign behind you says the City of Boynton Beach. It does not say the boroughs of Boynton Beach or the Districts of Boynton Beach. It says the City of Boynton Beach. She does not understand this district thing, but she does know that if we are going to work together as a City, everybody needs to be concerned about everybody. She does not care that she lives on the Eastside. She is still concerned about what goes on the Westside of Boynton Beach. That is a big issue, and it has been going on, and everybody has been saying it repeatedly. When will we stop that and make sure that we address this as the City of Boynton Beach? Mr. Cineus commented that District II is historically the way it is. It was designed to be that way. He said you need a history lesson. We can say one Boynton, but it is not the reality, voting -wise or racially. He knows the motion is on the floor to go with Option I. How does Option I affect eligible voters that are in District II? How does that change the numbers of eligible voters in District II? Does it bring folks from other places into District II? Mrs. Ward said she agreed with Mr. Cineus and would like to know more about how the voting will be affected. Mr. Mignoli commented that the public should have been involved in the process and you only care about maintaining your sits. Everyone you appoint here is from out of town. The lawyer is from Ft. Lauderdale. He does not know why the State Attorney does not investigate all of them. He keeps asking them to come in and figure out how you get away with this. Everybody in the public does not like what you are doing. He said he thinks what is on the Mayor's mind is that he wants to become a strong Mayor. If you become a strong Mayor, we are in serious trouble. Mr. Suss commented this was a tough job, and you came through. He would like to know when he would receive a return telephone call from his Commissioner. When we call you, we expect a return call within a reasonable amount of time. That goes for the Mayor too. Mr. Shramko commented that this is old data. He said as he stated in the last meeting, he lied to the person and gave the wrong number of people who lived in his house. Tonight, Mr. Gammack-Clark stated that he got the information from the City. Former Mayor Grant said that the information came from the Federal 16 Page 569 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Government. Already we are starting off with a lie. He thinks this needs to be redone. Hire a different company. There is too much play in this and it is too drastic of a change and it could be detrimental to the City. Mr. Gammack-Clark commented that the question was: How did the number of voters in District II change from the existing districts to those under Option I? He explained that it is important to note that when you are engaging in redistricting, we do not count voters, we count people. We were talking about the US. Census counts people. So that is the number. It is the number of people in each district that is important. Whether you are a one -day old baby, or if you are 102 years old, it does not matter. Whether you are a voter or not, does not matter; it matters that you are a person or not. You are a resident of the City and in which districts do you live. As we look at the residents of District II, we see the existing number for District II is 20,673, where as in Option I it is 21,078. So we are only talking about a very small change between the existing districts and Option I. Commissioner Turkin inquired if there was a side-by-side map of the current Districts and Option I. Mr. Gammack-Clark stated that they do not have that map but they do have a map that shows the changes from the existing District to various new options. Vote 9. City Manager's Report - None 10. Unfinished Business - None A. Discuss a process for a permanent City Manager. Julie Oldbury, Director of Human Resources and Risk Management, commented that she has a couple of options to present. First would be to hire an executive search firm to perform a nation-wide search for a City Manager. The other option would be for Human Resources to conduct the search. An executive search firm will have more of a marketing reach to a natural audience. Human Resources can do a similar search with the help from the Marketing Department to do the advertising and things of the nature, to help get the word out locally. Commissioner Hay inquired what would the cost be if we hired and executive search firm. Ms. Oldbury replied a recent executive search costed approximately $25,000. There would be a request for quote where at least three respondents provide figures. The last executive search was done over 2 years ago. She would expect the cost to be more now between $22,000 and $30,000. 17 Page 570 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 Commissioner Hay asked how much time would this add to finding a City Manager. Ms. Oldbury stated that it would not be any more than 30 additional days. Commissioner Hay noted that it is not that he does not have confidence in the Human Resources Department; he thinks that this is important enough to cover all bases with experienced people who have been there done that. Commissioner Turkin stated that he disagrees. He thinks that we can start by doing this in-house. We need to save. Pennies add up. We always have the ability to start in-house and see what we can get, see how we can perform and then spend the money if we need to. Recruiting and staffing is tough right now. Everything is competitive. Let's try to do it internally. He said he does not see a rush. We have time. We have an Interim City Manager that can perform; that is why we put him in that chair. He thinks it is important for the City Manager to be somewhat local. His preference would be someone living in the City of Boynton Beach, so they are a stakeholder. You will make decisions, not just for the citizens of the City, but now for your family, too. Our Interim City Manager mentioned at the previous special Commission meeting that he is planning to move into the City. He thinks that is huge because that is not just his concern. He believes that is it some of his colleague's concerns and a lot of our constituents. He does not know how we can focus on that. If we did hire an executive firm, do they look at things objectively? Internally, we will look at it as the right fit for the City Manager. Vice Mayor Cruz stated that she agreed. At this time, we do not need an executive firm to find a City Manager. She thinks that the job should be posted publicly to let people know that we are hiring for that position and we encourage local people to apply. She does not want to go into a different state to find our City Manager. We should look locally for people with the experience and education to run a city of this size. Commissioner Kelley stated that if we decide to do this internally, that we establish a timeframe on how long before we have to look outside of the box. She fears that we are missing out on potential by keeping it local. Her thought would be not to rule out the possibility of an executive search. Sometimes that doesn't do well because it's the same players in that realm, too, and you're not getting somebody who's maybe just really out there looking for something different. So sometimes, you see the same resume. You're seeing the same people coming across your desk, so maybe you're not getting that variety and somebody who wants this job for what it is and so on. She said she sees both positives on both ends, and that maybe we consider putting a timeframe if we decide to do internal. She would likely support the majority on the decision, but her input would be that maybe we consider doing a timeframe of how long we try and do it on our own without and then consider enlisting the help of an executive search for a firm to help us if we can't find something. Mayor Penserga stated that he agrees with Commissioner Turkin. He thinks that if we 18 Page 571 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 can begin internally first, let's do it for 30 days and see what we get. If we need to cross that bridge and go to a service, let's begin first internally. This way, we are minimizing the cost and we are giving both options a shot. Commissioner Turkin inquired about what platforms are used for the search. Ms. Oldbury replied that a variety of platforms can be used and she recommends doing that. She would also recommend advertising in the International City Manager's Association (ICMA) and the Florida City and County Managers Association (FCCMA). We will put forward the effort. She explained that in 2011, we had an endeavor to do an internal City Manager search at that time, and when she says internal, she means using Human Resources as the conduit for that. Human Resources developed a timeline and a process. We provided the Commission with a copy of the job description. She met with each of the Commissioners individually to get a sense of what they were looking for in a City Manager. And to get that out there, she does not know if that is something they would all be interested in. She knows it is a bit of a unique position. All of the business needs to be conducted in the open forum. She wants to be cognizant to get them that type of information and maybe come back to them at a future meeting with all of that information and a structure of what we will do for adverting. This way, the Commission has something more concrete to review. Commissioner Turkin stated that was great feedback; she mentioned everything. You are going to do everything that you propose. What you are going to do is exactly what an executive firm is going to do and then they will probably hire a head hunter to filter through resumes. We do not need to do that. He said he has faith in Human Resources. Again, it is a competitive market. He would say 60 days would be a fair timeline given unprecedented times with how competitive each industry is. He said he likes her idea of collaboration amongst the Commission. He does not know if we can collaborate on that now. Can we meet with Mrs. Oldbury individually? Deputy City Attorney Cirullo replied that when you meet with her individually, she's collecting information where she's going to provide that collective information back to the Commission at a public meeting. So, she will not discuss each other's comments, concerns, thoughts, priorities, et cetera. She's going to be like the vessel for that information and she's going to bring it back to the Commission for your public discussion. And so, you all will publicly vet it and come to a consensus together on that information. It is to assist her in formulating the process, is what he understood. There was a consensus to meet individually with the Human Resources Director regarding recruitment and then bring an agenda item to the June 7t" Commission meeting for discussion on how to proceed with the process. 11. New Business — None 12. Legal 19 Page 572 of 946 Meeting Minutes City Commission Boynton Beach, FL May 3, 2022 A. Approval of request from the City Attorney for private attorney-client session of the City Commission pursuant to Section 286.011(8), Florida Statutes, to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB Deputy City Attorney Cirullo stated that the Florida Statute requires him to request closed door sessions with the Commission publicly, which he is doing tonight, requesting that closed -door session in the City of Boynton Beach vs. JKM BTS Capital, LLC case. In attendance will be the City Attorney, James Cherof, Assistant City Attorney Donald J. Doody, Assistant City Attorney Gal Betesh, Assistant City Attorney Sean Swartz, Special Litigation Counsel Thomas Baird and Joanne O'Connor, Interim City Manager Jim Stables, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). Approximately 90 to 120 minutes will be needed. There was a consensus to consider scheduling the attorney-client session at 4.30pm on Friday, May 20tH 13. Future Agenda Items A. The City's external auditors will present the Fiscal Year 2021 financial statements. - May 17, 2022 B. Commission discussion of potential height limitations at the request of Commissioner Turkin. - May 17, 2022 C. Commission discussion on adding a dog park in District I I I at the request of Commissioner Turkin. - May 17, 2022 D. Commission discussion on changing the start time for City Commission meetings to 6:00 p.m. at the request of Commissioner Turkin - May 17, 2022 14. Adjournment Motion: Commissioner Hay motioned to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. 20 Page 573 of 946 Meeting Minutes City Commission Boynton Beach, FL The meeting was adjourned at 8:31 p.m. ATTEST: Crystal Gibson, MMC City Clerk Tammy L. Stanzione Deputy City Clerk 21 May 3, 2022 CITY OF BOYNTON BEACH Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley Page 574 of 946 Minutes of the City Commission Workshop Meeting In -Person at the Intracoastal Park Clubhouse, 2240 N. Federal Hwy, Boynton Beach, Florida On Saturday, May 7, 2022, at 9:00 A.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga James Stables, Interim City Manager Jim Cherof, City Attorney Crystal Gibson, City Clerk Mayor Penserga called the meeting to order at 9:15 A.M. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Commissioner Hay. The Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Mayor Penserga Mayor Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections David Scott, Director of Economic Development and Strategy suggested moving Item C before Item B. Mayor Penserga agreed. 2. Adoption ILY, 11=11 Commissioner Turkin moved to approve the agenda as amended. Vice Mayor Cruz second the motion. The motion passed unanimously. Mayor Penserga welcomed the staff and Commission and outlined the workshop purpose. Page 575 of 946 Meeting Minutes City Commission Workshop Boynton Beach, FL May 7, 2022 Interim City Manager Stables thanked everyone for attending. Mr. Scott noted the Strategic Plan is updated on an annual basis and the workshop allows for feedback from the City Commission on identified priorities. He noted they were moving toward a five (5) year Strategic Plan with yearly updates. Trina Pulliam and Myra Quinn, consultants from Trainnovations, introduced themselves. C. Public Audience Mike Fitzpatrick, 175 Southwest Second Street, said he preferred public audience at the end. He spoke on the questions he asked about Boynton Beach's future when he was Commissioner. Specifically, he asked how many people per square mile does the City want in Boynton Beach. He also spoke on housing, the Tri -Rail project, and hurricane resiliency. Barbara Ready spoke on infrastructure needs for City expansion. She also noted Public Audience should have been at the end in order to add to the discussion. She noted there are additional ways to enhance the plan. Mayor Penserga closed public comments. B. Discuss the FY 22- 23 strategic planning process and policy priorities Ms. Pulliam outlined the following objectives for the meeting: • Review governance • Identify the team and staff roles • Review the strategic planning process • Review the current state and overall themes • Discuss long-term ideas (2-3 years out) and prioritization Mayor Penserga asked about the length of the plan. Ms. Pulliam said they would answer that question during the process review. Ms. Pulliam reviewed the following under Governance: • The responsible conduct of public affairs and management of public resources. • Covers issues such as ethical conduct, rule of law, efficiency and effectiveness, transparency, sound financial management and accountability. Ms. Pulliam asked the Commission their ideas of what makes good governance. Commissioner Turkin said collaboration. He noted putting constituents first. F Page 576 of 946 Meeting Minutes City Commission Workshop Boynton Beach, FL May 7, 2022 Commissioner Hay said ethical conduct is key for him. Mayor Penserga spoke on treating each other kindly and professionally, despite disagreements. Commissioner Kelley noted it was important to be forward -thinking and purposeful. Ms. Pulliam said governance is how government and staff are held accountable to each other and to the public. She asked the Commission their thoughts on how governance guiding principles should be modeled to the community. Commissioner Turkin spoke on integrity. Commissioner Hay suggested looking at best practices from other cities. He also recommended participating in training sessions, such as League of Cities, and sharing ideas learned. Ms. Pulliam reviewed the following most common principles for good governance: • Accountability • Being Transparent • Responsive • Effective • Efficient • Equitable and Inclusive • Participatory • Consensus -Oriented Ms. Pulliam outlined the roles of the Commission on Team Boynton. She said they are tasked with having high-level discussions and provide direction to City staff. She noted another role is to adopt an annual budget. Ms. Pulliam reviewed the roles of City staff on Team Boynton. She said their role is to take Commission feedback, review the feedback, and to clarify what is needed to do what the Commission is asking. Their job is to direct the staff, so City services are done efficiently and effectively. She reviewed some pitfalls learned from other cities. They included: • Damage the organization or your team's mission or reputation • Undermine your Commission's cohesion • Violate an ordinance or law; is it dishonest or illegal? • Negatively affect someone's work or relationships • Harm, disrupt, or upset someone unnecessarily 3 Page 577 of 946 Meeting Minutes City Commission Workshop Boynton Beach, FL May 7, 2022 • Come across as rude, hostile, or discourteous Ms. Pulliam discussed the following purpose of strategy: • Address current and future challenges, leverage advantages, core competencies and set the direction of the City. • A strategic plan sets direction, communicates and demonstrates a commitment to the vision and values, sets a focus for customer and workforce engagement and creates an emphasis on action to achieve the mission. • With proper funding and through the deployment of the plan, strategic projects are tracked and measured for success. She outlined the following general Strategic Planning Process: • Engages community leaders. • Leverages the involvement of the private sector. • Establishes a strategic blueprint for setting direction and creating the environment for local prosperity. • The strategic plan helps the City fulfill its responsibilities to citizens, businesses and visitors, along with its societal responsibilities. She then reviewed the specific Strategic Planning Process Boynton Beach has employed since 2017: • Strategy Analysis and Report to Commission o Determine Current State o Report to Commission • Commissioner Engagement o Commissioner Workshop • Initiatives and Input from Staff and Community o Objectives o Initiatives • Prioritize and Adopt o Commission Agenda Items • Fiscal Year Budget and Funding o Strategic Plan o Line -Item Budget Mayor Penserga commented that it was time to do a State of the City presentation. Commissioner Turkin agreed and recommended inviting the public to provide input. Mr. Scott provided an update on an upcoming State of the Economy workshop. Interim City Manager Stables said his vision is for each department to develop strategic plans that dovetail with the City's strategic plan. 4 Page 578 of 946 Meeting Minutes City Commission Workshop Boynton Beach, FL May 7, 2022 Commissioner Hay said he wants to see an overall City Strategic Plan and not one focused on an individual Commissioner's plan. Mr. Scott noted they were linking performance management, budget, and the overall City Strategic Plan together for a common vision and implementation. Ms. Pulliam reviewed the City's Vision and Mission statements. She defined Strategic Goals. She noted the following Strategic Goals to be discussed: • Culturally Distinct Districts • Building Wealth in the Community • Accessible Transportation and Mobility • High -Performing Organization • Safe, Inclusive, and Resilient Public Spaces • Environmental Sustainability • Racial and Social Equity Interim City Manager Stables noted his effort will be to move from a staff -drive Strategic Plan to a community -drive Strategic Plan. John Durgan, Economic Development Manager, reviewed the current strategic plan projects segmented by goal and progress status. Mr. Scott provided an update on the four (4) strategic goals from 2020-2021. Discussion ensued about becoming a value -driven organization and Team Boynton. Ms. Pulliam asked the Commission to discuss high level ideas and where they want to see Boynton Beach in the next 2-3 years. The Commission offered and discussed the following ideas: • Economic Development (Mayor Penserga) o Identify strong industry clusters ■ Marine industry (Commissioner Turkin) o Job creation o Educational partnership opportunities o Develop a talent pipeline o Eliminate people leaving City for opportunities (Commissioner Kelley) • Public Safety (Commissioner Turkin) o Traffic safety (Vice Mayor Cruz) o Cultural Training (Commissioner Hay) o Community Engagement (Commissioner Hay) 5 Page 579 of 946 Meeting Minutes City Commission Workshop Boynton Beach, FL May 7, 2022 • Community Cleanliness (Commissioner Turkin) o Trash, litter, etc. • Population Density (Commissioner Turkin) o Creation and preservation of green space (Commissioner Hay) o Families have a place to play outside (Commissioner Kelley) ■ Marina area • Infrastructure (Commissioner Turkin) o Flooding and drainage (Commissioner Turkin and Commissioner Hay) • Student and School Safety (Commissioner Kelley) o Support partnerships with Palm Beach County and school officers o Resources • Workforce Housing (Vice Mayor Cruz) • Lower the Millage Rate (Vice Mayor Cruz) o Support homeowners o Support Senior Citizens • Strengthen Community (Vice Mayor Cruz) o Annual community events (5K Run/Walk) • Homelessness (Commissioner Hay) • Strengthen Legislative Relationships (Commissioner Hay) o Appoint liaison position • Health and Well -Being of the Community (Mayor Penserga) o Food Deserts ■ District II Mayor Penserga added additional comments about the link between the environment and the arts. He noted the importance of being agile and suggested the creation of a Resource Center in order to best serve the community. Finally, he recommended identifying the competitive advantage of Boynton Beach. Vice Mayor Cruz thanked the staff and residents for attending the workshop. Mr. Scott clarified the Culturally Distinct Districts does not necessarily mean the Commission Districts. He noted it can be neighborhoods or specifical geographic areas within the City. Ms. Pulliam said she noted twelve (12) high-level "buckets" from the feedback the Commission provided. She stated they need to begin to prioritize the high-level ideas and acknowledged the upcoming FY23 budget cycle. She reviewed the following "buckets," in no particular order: • Business Development o Creating Jobs o Industry clusters o Access to healthy food choices It Page 580 of 946 Meeting Minutes City Commission Workshop Boynton Beach, FL • Public Safety o Neighborhood safety o School -related safety o Officer presence • Green Space, Blue Space, Building o Parks o Gulf stream, marine industry o Density • Housing o Homeowner support o Affordability o Rental prices o Homelessness o Millage rate • Partnerships o Education o Arts • Cleanliness o Neighborhoods o Parks o Downtown o Intercoastal • Events o Annual Events • Infrastructure o Drainage o Street Lighting • Government as a Resource Center • Community Well -Being o Cultural awareness o General health and well-being of community members May 7, 2022 Commissioner Turkin asked if staff would provide an analysis of the millage rate if it were reduced. Interim City Manager Stables noted the core essential services must continue to be met. Vice Mayor Cruz mentioned public private partnerships to leverage funding for critical issues. To that point, Mayor Penserga highlighted a local partnership between Habitat for Humanity and ADT. Ms. Pulliam invited the Commission to prioritize the buckets. The Commission agreed Public Safety was a high priority. F Page 581 of 946 Meeting Minutes City Commission Workshop Boynton Beach, FL May 7, 2022 Interim Police Chief Vanessa Snow confirmed there were Police Officers staffed at Congress Middle School and Boynton Beach High School. She confirmed the staffing decisions were made by the schools. She noted several Charter schools had agreements with the Boynton Beach Police Department. She shared that they occasionally have to pull an officer from road patrol in order to cover the school staffing shift. Interim City Manager Stables suggested holding a Public Safety workshop to drill down on specifics. The Commission said Business Development was a high priority. Mayor Penserga suggested adding the Millage Rate to that specific bucket. The Commission said Housing was a high priority. In addressing the idea of Partnerships, Vice Mayor Cruz suggested it should be part of everything they do. Ms. Pulliam noted she would remove it from the priority list and said it would be woven throughout. A discussion ensued about the Cleanliness bucket. Vice Mayor Cruz suggested it should be a medium priority. Interim City Manager Stables recommended breaking for lunch. He noted he would like to sidebar with Ms. Pulliam to discuss a strategy. Commissioner Hay said he wanted to see the City more in balance. He spoke on the inequities within the Districts. Vice Mayor Cruz proposed that each Commissioner identify their Top 3 priorities and see where they are aligned. She shared her Top 3 priorities were: Public Safety, Housing, and Infrastructure. Commissioner Turkin said his Top 3 priorities were also: Public Safety, Housing, and Infrastructure. The meeting recessed for lunch at 11:54 A.M. The meeting resumed at 12:45 P.M., following lunch. Ms. Pulliam acknowledged that, due to staff transition during the last month, she did not have much time to converse with Interim City Manager Stables. She confirmed staff have enough direction within the identified buckets to develop a plan to present back to Commission at a later date. Consensus was reached to allow staff to develop a Draft Strategic Plan to present to the Commission. Page 582 of 946 Meeting Minutes City Commission Workshop Boynton Beach, FL May 7, 2022 Ms. Pulliam thanked the Commission for being engaged and prepared for the workshop. Interim City Manager Stables thanked Ms. Pulliam and the Trainnovations team. He recognized staff and their involvement. He stated they would have a one-year Strategic Plan for the City by June/July 2022, which would dovetail with budget priorities and performance metrics. Following the one-year plan, they would work on the five-year community -driven Strategic Plan. He noted the importance of proactively soliciting feedback from the community. 2. Adjournment There being no further business to discuss, the meeting was adjourned at 12:59 P.M. ATTEST: Crystal Gibson, MMC City Clerk Tammy L. Stanzione Deputy City Clerk p CITY OF BOYNTON BEACH Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley Page 583 of 946 7.A. Requested Action by Commission: Proposed Resolution No. R22-071 - Approve a Progressive Design - Build Phase 1 agreement with PCL Construction, Inc. for the Lift Station 317 Major Upgrade project in the amount of $490,740.00 and authorize the Interim City Manager to sign the agreement. Explanation of Request: Lift Station 317 is located on Boynton Beach Boulevard west of Congress Avenue. It is the largest lift station (pumping station) in the Utilities wastewater system and the only four (4) pump station. The scope of the project includes a comprehensive upgrade of the lift station, including pumps, motors, and standby pumping operations; handling of nuisance rags and flushable wipes; air quality; electrical, instrumentation, and control; overall building and wet well improvements; and site landscaping. PCL Construction, Inc. was selected through Request for Qualifications (RFQ) #013-2821-21/TP and approved by the City Commission on September 21, 2021. The agreement with PCL Construction, I nc. is a Progressive Design -Build agreement that allows for two phases. Phase 1 is for evaluation of the facility, permitting, and preliminary design for the development of a Guaranteed Maximum Price (GMP) for the construction of the work. Once the GMP is established, and if considered appropriate by the City, the project will return to the City Commission for approval of the GMP as Phase 2 of the project. If there is no agreement on the GMP, the contract allows for an off ramp. In this case, the City will take ownership of all of the completed work and may choose to bid the project on the open market. How will this affect city programs or services? Implementation of Lift Station 317 Major Upgrade project will resolve ongoing operational issues, provide for reliable long-term operation of the lift station, and continue to provide a high level of service to the residents and businesses within the Utilities service area. Fiscal Impact: Funding is available in the Utilities CIP account #403-5000-535.65-04, Project#SW2202. Alternatives: Do not approve the agreement with PCL Construction, Inc. Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: The pump station rehab will provide better efficiencies, decreased maintenance cost as well as less risk of sewer spills allowing the Utilities to provide better level of service at a lower cost for maintaining public health and safety and environment. Climate Action Application: Page 584 of 946 Is this a grant? Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 II'l D fl'..-isk OrdE)r D Ag ir'EsE) rTIE) II'l t Description RE)SOkAboin approviingIC: E)Siglll BLAidFlhaSE�l 1 for I Jift Staboin 317 FlU , fl'..-isk OrdE)r Fliroposal� ProgrE)SSiVE) DE)Siglll IBLAild Agir'E)E)irTlE)l['lt IFlha SE) 1 Page 585 of 946 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 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO SIGN A PROGRESSIVE DESIGN -BUILD PHASE 1 AGREEMENT WITH PCL CONSTRUCTION, INC. FOR THE LIFT STATION 317 MAJOR UPGRADE PROJECT IN THE AMOUNT OF $490,740.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lift Station 317 is located on Boynton Beach Boulevard west of Congress Avenue and is the largest lift station (pumping station) in the Utilities wastewater system and the only four (4) pump station; and WHEREAS, the project will include needed upgrades to Master Lift Station 317 to promote reliability, resilience, and energy efficiency and to ensure effective lift station operation for at least 25 to 30 years; and WHEREAS, PCL Construction, Inc. was selected through Request for Qualifications (RFQ) #013-2821-21/TP and approved by the City Commission on September 21, 2021; and WHEREAS, the agreement with PCL Construction, Inc. is a Progressive Design -Build agreement that allows for two phases, the first of which is for evaluation of the facility, permitting, and preliminary design for the development of a Guaranteed Maximum Price (GMP) for the construction of the work; and WHEREAS, once the GMP is established, and if considered appropriate by the City, the project will return to the City Commission for approval of the GMP as Phase 2 of the project; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the Interim City Manager to sign a Progressive Design -Build Phase 1 agreement with PCL Construction, Inc. for the Lift Station 317 Major Upgrade project in the amount of $490,740.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Approving Design Build Phase 1 For Lift Station 317 - Reso.Docx Page 586 of 946 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 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. Section 2. The City Commission approves and authorizes the Interim City Manager to sign a Progressive Design -Build Phase 1 agreement with PCL Construction, Inc. for the Lift Station 317 Major Upgrade project in the amount of $490,740.00, a copy of which is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 17th day of May, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner—Aimee Kelley ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Approving Design Build Phase 1 For Lift Station 317 - Reso.Docx YES NO Page 587 of 946 SCOPE OF SERVICES Progressive Design Build Phase i Services Boynton Beach Lift Station 317 Contract No. 013282121 BACKGROUND The City of Boynton Beach Utilities (City) owns and operates Master Lift Station No. 317 (LS317) as part of its collection system. LS 317 is integral to the City's collection system and operates as part of a series of pump stations on Congress Avenue. The station receives gravity flow from the local service area as well as pumped feed from Master Lift Station 319. Effluent is then pumped into the City's collection system, ultimately treated at the South Central Regional Wastewater Treatment Plant. Improvements to LS 317 are needed at this time due to the following challenges: • Excessive rags and frequent pump clogging that is affecting station performance and efficiency. • Inadequate station capacityto meet current maximum dayflows and future redevelopment. • Inadequate odor control that has resulted in complaints from adjacent businesses. • Reliability challenges to keep LS317 in operation at all times. • Infrastructure components that are beyond their useful life. The scope of work for this project includes progressive design -build services to design, permit, construct, test, and start-up the improved LS 317. The Design -builder for this project will be PCL Construction, Inc. (PCL) and the Design Consultant will be Carollo Engineers, Inc. (Carollo), collectively the Design -Build team. The project will be delivered in two (2) phases: • Phase 1— Evaluation of the facility (including recommendations/alternatives to the challenges listed above), permitting, and preliminary design for the development of a Guaranteed Maximum Price (GMP). • Phase 2 — Final design, construction, testing, and start-up. The scope of services, presented herein, is for Phase 1 work items and includes engineering services for data gathering, special investigations, preliminary engineering, GMP design documentation, price modeling, and CPM scheduling. A detailed description of the Phase 1 goals and each worktask is provided below. PHASE 1 GOALS The goals of Phase 1 are to: 1. Develop alternatives for the pump station including: means to address collection system rags and reduce pump clogging, capacity, odor control, with the ultimate endpoint of increasing reliability. 2. Evaluate alternatives for the City's direct purchase to reduce price through tax savings as well as reduce lead time for material delivery. Page 588 of 946 3. Develop a Guaranteed Maximum (GMP) price and delivery schedule based on the City's selected alternatives. The GMP will include documentation such as assumptions, material definition, and drawings or sketches to depict the work. SCOPE TASKS TASK 1 - MEETINGS/PROJECT MANAGEMENT Project Management - Monthly progress reports, tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants for 8 -month duration of Phase 1 Services. Progress Meetings - Progress meetings will be held monthly during preliminary and final design to discuss the progression and direction of the project, milestones that have been achieved, current work efforts, budget, schedule, and any issues that may arise during 8 -month duration of Phase 1 Services. Progress meetings during construction are covered under Task 6. Monthly Progress Reports - 8 Monthly progress reports will be prepared that discuss the work conducted and by whom during the month, budget and schedule status, and work to be completed by the next progress report. Project Management Plan —The Design -Build team will develop a project management plan including the detailed use of scheduling and document control software. Per previous discussions with the City, the document control software to be used will be Autodesk BIM 360Tm Docs. However, the City is currently evaluating Smartsheets and may decide to use this software. Communications - Project management will include general communication among PCL, Carollo, and City staff membersfor overall facilitation, and to manage delivery of the project on time and within budget. TASK 2 - DATA GATHERING The purpose oft his task is to collect and review the available data to complete the project. Data collection will include a variety of sources based on the best available data, requiring data from the Design -Build team and the City. Note that some of the data may have already been provided to Design -Build team bythe City. The required data is anticipated to include, but not be limited to: • Record drawings • Relevant pump station data, including operational data • Hydraulic model, GIS, and SCADA data • Any other new data which becomes available, including development data. All collected data will be reviewed and compiled for use in the tasks which follow. To further complement the data collection effort, we anticipate a field visit after initial review of the data. Along with City staff, this visit is anticipated to confirm received data and assist in the development of an asset management list that will be used for submittals in Phase 2 of the project. In addition, this visit may include the installation of pressure recorders (provided by Design-, installed by the City) for purposes of collecting pressure data. Flow monitoring devices may be utilized if provided and installed by the City. This new data will be used by the Design -Build team to calibrate the existing model in a subsequent task. In addition, the field visit will include the installation of an odalog to determine peak loading of HzS within the wet well and a structural condition Page 589 of 946 assessment of the building, enclosures, wet well integrity and coating, drywelI, doors, windows, visible pipe supports, and other structural components. TASK 3 - PRELIMINARY ENGINEERING Based on the results of the data collection and special investigations, the team will move forward with planning and consideration of design alternatives. Asset Management— It is our understanding that the City is using an asset management system and would like the components of the LS317, including spare parts, to be integrated. A proposed tagging and bar code system will be identified. This system is to be used during Phase 2, beginning with the submittal process. Repair/Rehabilitation Alternatives Evaluation 1. The Design -Build team will conduct a conceptual level assessment of three repair/rehabilitation options for LS 317. The anticipated options, which were briefly discussed as part of the Statement of Qualifications include: a. Rehabilitating the existing station and maintaining the existing wet pit/dry pump configuration. b. Designing and constructing a new station to replace the existing. c. A hybrid set up that separates incoming flows and provides separate stations for flows from force mains and gravity flows. For each of the options, the Design -Build team will provide approaches to address the following major challenges: a. Excessive rags and frequent pump clogging. b. Inadequate station capacity to meet current and future flows. c. Odors. d. Bypass pumping. 3. For each of the options, the Design -Build Team will provide the following: a. Conceptual level cost estimate b. Risk Matrix— identifying major risks and costs c. Owner Direct Purchase (ODP) considerations for long -lead items. d. Conceptual CPM Schedule 4. Design -Build team will provide a recommended option for the City's consideration. It is anticipated that a workshop will be held with the City to present and discuss the alternatives. The City will review and select a final alternative for the design team to move forward with as a Phase 1 GMP development. Deliverables: • Alternative workshop agenda, presentation, and minutes. TASK 4 — GMP DESIGN DOCUMENTATION Based on the selected rehabilitation alternative selected by the City, the Design -Build team will move forward with the development of design documents to a level sufficient for a guaranteed maximum price (GMP). This is anticipated to include two levels. The initial level will focus on an early work package to identify details for long lead time items. The second level will develop plans for GMP development. Page 590 of 946 GMP early work package- Develop an initial draft set of submittals which identifies key items. This package will aim to identify key components which are anticipated to have long lead times and be a critical path to the overall project. This may include key components such as pumps, valves, backup pumps, specialty piping and other specialty components. These will be identified in the submittals (with supporting documentation) to a level of detail which will allow for initial quotations and lead time estimates from vendors. GMP plans w/ limited specifications- Our project has assumed that the alternative chosen will be the rehabilitation of the lift station. If another alternative is selected, additional scope/hours for this task maybe needed. Plans for the rehabilitation of the lift station will be developed to identifying details as needed to develop the GMP, and not a specific design level (e.g., 30%, 60%, 90%). Therefore, the level of detail will vary based on discipline. The following disciplines are anticipated to be included: Civil — Identifythe major sitework anticipated including piping, general site layout changes, accessibility/roads, security, fencing, noise, etc. Mechanical/HVAC— Identifythe planned internal piping components, pumps, valves, and ventilation systems. Identify equipment to address odor control and HVAC needs. Provide specifications for key components and standards to apply. Electrical / I&C — Identify major components and required power, generators, backup pumps, and anticipated SCADA design. Provide specifications for key components and standards to apply. Structural/ Architectural— Identifythe key proposed changes to the existing building, such as demolition/replacement or rehabilitation. It is anticipated the architectural design will be limited to specific components of the building that are in need of replacement (e.g., roof, door, window, etc.) and to change the overall building elevation to be more suitable to the neighborhood and meet zoning and building code requirements. Plans will be submitted to the City in pdf format, full size (24 inch x 36 inch) plans, and on a 1 inch = 20 foot scale or better. Plans will include: • Cover sheet, index, location map, legend, and general notes. • Site layouts. • Profile views of pump station equipment and major piping. Section views as required for GMP development. • General details (if required for GMP development). GMP Technical Report Development, Documentation, and Assumptions—As part of the GMP development, a technical report will be developed to document the project design in support of the plans and specifications. This will include: • Project background. • Hydraulic Analysis/Modeling Technical Data. • Repair/Rehabilitation Approach Technical Data. • Geotechnical report (if applicable). • Survey. • Site development issues. • Project constraints. Page 591 of 946 • Design Criteria (pumps, pipes, wet well sizing, electrical, odor control, screening, other equipment). • Proposed equipment list. • Updated Project Schedule, illustrating critical path. • Copies of all meeting minutes and relevant correspondences. • A list of value engineering and constructability alternatives. • Alternative pricing for value engineering ideas. • Permitting requirements, including a list of authorities having jurisdiction. Final GMP Proposal Package— Design -build team will prepare and submit Construction GMP Proposal based on the GMP Plans w/ Limited Specifications for review by the City, which will include the execution of the work, furnishing of all equipment not included in the Early Work Package, and completion of the design. Design -Build team will review GMP proposal with the City. Permitting Pre -Application Meetings The Design -Build team will coordinate and attend preapplication meetings with the City and the permit agencies listed below to discuss the project, project phasing and schedule, and to confirm our understanding of the application regulations and submittal process. Meetings will be in person, virtual, or both as suited to meet the needs of the agency and attendees. The preapplication meeting agenda and minutes will be developed. • Florida Department of Environmental Protection (FDEP) o FDEP Form 62-604.300(8)(a). Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System • South Florida Water Management District (SFWMD) o Environmental Resource Permit (ERP) • City of Boynton Beach Building Department o Building Permit • Florida Department of Transportation (if construction extends to the right-of-way) o Right -of -Way Permit Application Technical Workshops The Design -Build team will conduct Technical Workshops with the CITY to review deliverables included in this task and discuss "next steps". It is anticipated that workshops will be conducted to gather CITY input on major key items. These may be combined for efficiency, but the main topics are expected to include: Value Engineering and Constructability Workshop, GMP Early Work Package Workshop, and GMP Plans Workshop. For each of the workshops, an agenda and minutes will be prepared. Deliverables: 1. GMP Early Work Package 2. GMP Plans w/Limited Technical Specifications 3. Construction GMP Proposal 4. GMP Technical Reports 5. Pre -Application Meeting Minutes 6. Technical Workshop Agenda and Minutes 7. VA/VE Log Page 592 of 946 TASK 5 — FIELD INVESTIGATIONS The purpose of this task is to conduct field investigations that are to include survey, LiDAR 3D scanning, and subsurface utility engineering (SUE). The area of focus will primarily include the lift station site and the existing structure. Survey - Atopographic survey will be conducted for the LS317 parcel. The survey limits will include the parcel limits and related piping to and from the site within the immediate easements. The topographic survey will include: • Aboveground, visible improvements and utilities. • Utility surface markings. Ground penetrating radar (GPR) maybe utilized where numerous other existing utilities exist within the anticipated survey area and other location information cannot confirm the necessary details. • Pipe inverts, sizes, and material information for the gravity sewer and stormwater collection system. • Trees with 18 -inch diameter at breast height (DBH) or greater. LiDAR 3D Scanning - 3D scan of the pump building interior. SUE - Subsurface Utility Engineering will occur to confirm the depth of potential conflicts with existing utilities. SUE is anticipated to be limited to ten (10) test holes in total (5 soft and 5 hard surface anticipated). TASK 6 — OWNER CONTROLLED ALLOWANCES The purpose of this task is to conduct special investigations that are to include geotechnical services, SCADA Technology Evaluation, Electrical and Instrumentation standards development, hydraulic analysis, and landscape architecture. The area of focus will primarily include the lift station site and the existing structure, along with influent gravity sewer and discharge force main pipe data. This task is to be invoiced on a time and materials (T&M) basis since the extent of special investigation requirements are not known at this time. Note that the need for LiDAR 3D scanning, SUE, and geotechnical services are optional services to be authorized by the City and will be dependent on the repair/rehabilitation alternative selected in Task 3. Geotechnical Services (optional — dependent on selected repair/rehabilitation alternative) - A geotechnical investigation will be conducted and consist of up to three 40 -foot deep SPT borings. A brief report will be prepared to present the results of the exploration. Boring locations will be shown in the report and survey. One signed and sealed copy of the report and a PDF copy will be provided to the City. SCADATechnology Evaluation (optional) — It is our understanding that the City is considering switching from Siemens to Allen Bradley. The Design -Build team will use the City's SCADA standards and components Page 593 of 946 to be consistent with the remainder of the collection system, currently being planned by others. A workshop will be held with the City to discuss the following: • PLC & Radio Selection • Graphics Selection Instrumentation & Control (I&C) Standards Development (optional) - After the SCADA Technology Evaluation Workshop is held with the City, standards and specifications will be developed to aid in the control panel and radio system GMP pricing. Hydraulic Analysis—An initial hydraulic analysis was previously conducted by Carollo. Prior to design, the Design -Build team will assist the City in reviewing and providing minor updates to the hydraulic model. Updates are to include calibrating the model based on the data obtained from pressure recorders and flow monitoring devices, if installed, during Task 2. The results of this model will be used to confirm the final sizing of the pipeline along the project route. A Hydraulic Analysis/Modeling workshop will be conducted by the Design -Build team to present the findings of the analysis/modeling. However, a more detailed analysis is anticipated to confirm the current and future flows to the lift station. This may include in a limited flow project analysis based upon known areas of redevelopment. With the updated flow projections, the hydraulic conditions of the pump station will be analyzed to properly design the station modifications to address for the proper range of flows and downstream hydraulic head conditions in the forcemain for present and future conditions. The analysis will also consider the impact on pump stations which manifold into a common forcemain downstream of LS317. While a detailed analysis of each station will not be conducted, this analysis will identify potential future impacts on other lift stations. Note that limited hours are included for hydraulic analysis as noted in the fee breakdown sheet. Landscape Architecture — Identify a general expectation for site landscaping / appearance. Per discussions with the City, the lift station will need to be aesthetically pleasing (e.g., decorative fences, natural landscaping, etc.). The landscape plans are to include a preliminary planting design and installation to match neighborhood landscaping. Lastly, temporary fencing and privacy screening will need to be installed during construction within the site. Page 594 of 946 COMPENSATION Design -Build Team Billable Rates: Description Rate Design -Builder Rates Principal -in -Charge $235.00 Preconstruction Manager $225.00 Construction Manager $185.00 Project Engineer $135.00 Project Administration $75.00 Chief Estimator $185.00 Estimator $150.00 BIM Modeler $125.00 HSE Supervisor $120.00 Superintendent $175.00 Foreman $95.00 Design Consultant Rates Principal $279.00 Design Manager/Project Manager $279.00 Project Engineer/Senior Engineer $257.00 Senior Mechanical Engineer $279.00 Project Support/Engineer $162.00 Hydraulic Modeling $202.00 Senior Electrical Engineer $257.00 Electrical Engineer $202.00 Project Engineer (Process) $202.00 HVAC/ Senior Mechanical Engineer $257.00 HVAC Engineer $202.00 Senior Structural Engineer $257.00 Structural Engineer $202.00 CADD/Designer $160.00 Project Administration $105.00 Page 595 of 946 The total compensation will be lump sum by task below: Task Description Budget Billing Method 1 Meetings/Project Management $49,560.00 Lump Sum 2 Data Gathering $36,940.00 Lump Sum 3 Preliminary Engineering $79,059.00 Lump Sum 4 GMP Design Documentation $216,429.00 Lump Sum 5 Field Investigation $31,662.00 Lump Sum Subtotal $428,650 6 Owner Controlled Allowance $62,090.00 Time and Materials (Not to Exceed) Total $490,740.00 Services performed will be reimbursed as follows: • Charges will be invoiced on a monthly basis as a percent complete. PROJECT SCHEDULE The City and the Design -Build team upon agreement of the goals, objectives, and scope will develop milestones for each assignment if necessary. The overall schedule for this work order is estimated for 8 months after notice to proceed. PROJECT ASSUMPTIONS This scope has been developed to address the anticipated project requirements. Because of the nature of this project, certain assumptions apply to this Scope of Services. To the extent possible, these assumptions are stated within this document and are reflected in the budget. If the project task requirements are different from the assumptions presented in this Scope of Services, or if the City desires additional services, the resultant change in scope will serve as a basis for amending this project assignment or initiating the development of a new project assignment as agreed to by both the City and the Design -Build team. The following assumptions and City responsibilities applyto this project: The City will furnish the Design -Build team available studies, reports, and other data pertinent to Design -Build team's services; obtain or authorize Design -Build team to obtain or provide additional reports and data as required; furnish to Design -Build team services of others required for the performance of Design -Build team's services hereunder, and Design -Build team shall be entitled to use and rely upon all such information and services provided by City or others in performing Design - Build team's services under this Work Assignment. • The Design -Build team has no control over the cost of labor, materials, equipment or services furnished by others, over water, reclaimed water, and/or wastewater quality and/or quantity, or over the waythe City's plant(s) and/or associated processes are operated and/or maintained. Modeling results, data projections and estimates are the Design -Build Team's professional opinion based on the Design -Build team's experience andjudgment. The Design -Build team does not guarantee that Page 596 of 946 actual water, reclaimed water, and/or wastewater distribution system operational characteristics will not vary from the modeling results, data projections and estimates prepared by the Design - Build team. The Design -Build team is not liable to, and does not indemnify, the City, or any third party relative to inconsistencies between Design -Build team's hydraulic modeling results, data projections and estimates and actual water, reclaimed water, and/or wastewater distribution system operational characteristics realized by the City or any third party in the future, except to the extent that such inconsistencies are determined to be the result of negligence or errors or omissions on the part of the Design -Build team. In providing opinions of cost, financial analyses, economic feasibiIity projections, and schedules for potential projects, the Design -Build team has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Design -Build team makes no warranty that City's actual project costs, financial aspects, economic feasibility, or schedules will not varyfrom Design -Build team's opinions, analyses, projections, or estimates, until such time as the Early Work Package and Construction GMP Proposal are submitted and approved. • The City will provide access to and facilitate site visits to the facilities as needed and will attend all meetings to maintain the progress of the project. • The City will pump down, clean, and provide access to the wet well for the structural evaluation. Note that there is inherent risk during any field investigation effort, especially when locating aged underground pipelines of unknown condition. All investigation completed bythe Design -Build team will be "non-invasive", but soft digs may expose pipe which is already at risk. The City will coordinate with the Design -Build team during investigation. If any system or piping failures occur during investigation, the City will be responsible for handling repairs and recovery unless the failure is caused by the Design -build team. The City will be responsible for actuating valves, and repairing any pre-existing conditions. • The City will review and respond to deliverables in a timely manner. SUBCONSULTANT PARTICIPATION A qualified subconsultant will provide services for special investigations (Task 3) as follows: Survey - provide survey along the proposed site. SUE - provide SUE locates for potential existing site piping/utility conflicts. Song and Associates will provide architectural and landscape architecture services. Professional Services Industries, Inc. (PSI) an Intertek Company, will provide subconsultant services for special investigations (Task 3) as follows, with additional detail attached: Geotechnical Services - provide geotechnical investigation if needed for site structures. Page 597 of 946 c4 11 L. PCL Construction, CorrtmR N.. 013282121 -S..P..fS.1l..s H Page 598 of 946 Page 599 of 946 Page 600 of 946 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE This AGREEMENT is made effective as of May 17, 2022, by and between the following parties, for services in connection with the Project identified below: OWNER: The City of Boynton Beach, Florida 100 E. Ocean Avenue Boynton Beach, FL 33435 PO Box 310 Boynton Beach, FL 33425-0310 DESIGN -BUILDER: PCL Construction, Inc. 1 N. Dale Mabry Highway, Suite 300 Tampa, FL 33609 PROJECT: RFQ 9 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design -Build WHEREAS, the CITY solicited proposals from qualified Design -Build Firms to provide services for the expansion of the Lift Station 317 Major Upgrade Project; WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for non-exclusive Contracts to perform professional services, WHEREAS, at its meeting on SEPTEMBER 21, 2021, the CITY Commission authorized the proper CITY officials to conduct negotiations with the first -ranked firm (PCL Construction, Inc.). of Tampa, Florida; and WHEREAS, at its meeting on May 17, 2022, the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 013282121. In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder now agree as follows: Article 1.0 Scope of Work 1.1 Phased Delivery. Owner and Design -Builder will implement the Project on a phased basis. 1.2 Phase 1 Services. Owner has selected Design -Builder on the basis of Design -Builder's proposal for the performance of design, pricing, and other services for the Project during Phase 1. Design - Builder shall perform such services to the level of completion required for Design -Builder to establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 in conjunction with Attachment B. Design -Builder's Compensation for Phase 1 Services is set forth in Section 1, Phase 1, of Attachment B, Compensation. The level of completion required for Phase 1 Services is defined in Attachment A, © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 1512122 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Scope of Work (either as a percentage of design completion or by defined deliverables). 1.3 Phase 2 Services. Design -Builder's Phase 2 services shall consist of the completion of design services for the project, the procurement of all materials and equipment for the Project, the performance of construction services for the Pro] ect, the start-up, testing, and commissioning of the Facility, and the provision of warranty services, all as further described in Attachment A, Scope of Work. Upon receipt of Design -Builder's proposed Contract Price for Phase 2, Owner may (a) accept the Contract Price and issue a Notice to Proceed with Phase 2 services, or (b) enter into a negotiation with Design -Builder on the scope and Contract Price, and, if required, on the schedule, for Phase 2 services to achieve a mutually acceptable basis on which to proceed, or (c) reject Design - Builder's proposal for Phase 2 and either (i) cancel the Project, (ii) proceed with another Design - Builder, or (iii) exercise the "off -ramp" final design provisions of Section 1.4, Off -Ramp. The Contract Price for Phase 2 Services will be set forth in Section 2, Phase 2, of Attachment B, Compensation, when mutually agreed between the parties. Once the parties have agreed upon the Contract Price and Owner has issued a Notice to Proceed with Phase 2, Design -Builder shall perform the Phase 2 services, all as further described in Attachment A, Scope of Work, as it may be revised. 1.4 Off -Ramp. 1.4.1 The parties acknowledge that Owner's ability to successfully complete the Project may be significantly impacted if Owner elects to terminate Design -Builder's services at the end of Phase 1, rather than proceeding to Phase 2 under Section 1.3 ("Phase 2 Services") and certain design sub - consultants are not available to continue working on the Project. Consequently, Design -Builder hereby agrees that if Owner terminates Design -Builder for any reason, Owner shall have the right to contract directly with such design sub -consultants for design -related services on this Project, and Design -Builder shall take such steps as are reasonably necessary to enable Owner to implement such relationship. Design -Builder shall provide in any design sub -consultant agreements that Owner shall have the right to negotiate directly with such design sub -consultants for the continuation of their services with respect to the Project, and that any provisions with respect to copyright or the ownership of instruments of service confirm such right of Owner. 1.4.2 If the parties are unable to reach an agreement on Design -Builder's proposed Contract Price for Phase 2 under Section 1.3 within the time limit for acceptance specified in the Proposal, as may be extended by the mutual agreement of the parties, then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the project will proceed, with Owner having the following options: 1. Owner may declare Phase I Services completed and authorize Design -Builder to continue to advance the final design of the project as an extension of Phase I or as an Additional Service, as applicable; or 2. Owner may terminate the relationship with Design -Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design -Builder. 1.4.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, Design -Builder may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise either of the options under Section 1.4.2 within ten (10) days of receipt of Design -Builder's notice, then this Agreement shall be deemed completed. 1.4.4 If Owner terminates the relationship with Design -Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design -Builder shall have no further liability or obligations to Owner under this Agreement. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 2 512122 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 1.5 Completion. Once Design -Builder has received a Notice to Proceed with Phase 2, Design -Builder shall perform all design and construction services, and provide all material, equipment, tools, labor, manuals, and start-up and commissioning services for the Project necessary to complete the Work described in and reasonably inferable from the Contract Documents. Following Substantial Completion of the Work, Design -Builder shall conduct performance tests to demonstrate that the Facility Performance Criteria have been met, as a condition for Final Acceptance. Article 2.0 Contract Documents 2.1 Contract Documents. The Contract Documents are comprised of the following: 1. All written modifications, amendments, and change orders to this Agreement issued in accordance with Attachment D, General Conditions; 2. Written Supplementary Conditions, if any, to the General Conditions; 3. This Agreement, including all exhibits and the following attachments: Attachment A Scope of Work Section 1 Phase 1 Scope of Work Section 2 Phase 2 Scope of Work Attachment B Compensation Section 1 Phase 1 Services Compensation Section 2 Contract Price for Phase 2 Services Attachment C Schedule Attachment D General Conditions Attachment E Indemnity, Insurance & Bonding Attachment F Owner's Project Design -Build Criteria by Reference. Attachment G Special Conditions 4. Construction Documents prepared and reviewed in accordance with GC 2.4; to be developed in Phase 2 5. The following other document attached hereto: PCL Construction, Inc. proposal dated March 24, 2022. Article 3.0 Interpretation and Intent 3.1 Contract Documents. The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Phase 1 Compensation and the agreed Contract Price for Phase 2 Services. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 3 512122 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 3.2 Meanings. Terms, words, and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in GC 1.2. 3.3 Entire Agreement. The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein in their entirety. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4.0 Ownership of Work Product 4.1 Work Product. All drawings, specifications, and other documents and electronic data furnished by Design -Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design -Builder shall retain the ownership and property interests therein, including the copyrights thereto. 4.2 Owner's Limited License upon Payment in Full. Upon Owner's payment in full for the Work performed in each Phase under the Contract Documents, Design -Builder shall be deemed to have granted Owner a limited license to use the Work Product solely in connection with Owner's ownership, use, and occupancy of the Project. Owner shall not use the Work Product on any other project or facility without Design -Builder's express written consent. 4.3 Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate. If Owner terminates the Project for its convenience as set forth in Article 8.0 ("Termination for Convenience"), or if Design -Builder elects to terminate this Agreement in accordance with GC 9.5 ("Design -Builder's Right to Terminate for Cause"), Design -Builder shall, upon Owner's payment in full of the amounts due Design -Builder under the Contract Documents, be deemed to have granted Owner a limited license to use the Work Product to complete the Project and subsequently use and occupy the Project, conditioned on the following: 1. Use of the Work Product is at Owner's sole risk without liability or legal exposure to Design -Builder or anyone working for or through Design -Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"). 4.4 Owner's Limited License upon Design -Builder's Default. If this Agreement is terminated due to Design -Builder's default pursuant to GC 9.3 ("Owner's Right to Perform and Terminate for Cause") and (i) it is determined that Design -Builder was in default, and (ii) Owner has fully satisfied all of its obligations under the Contract Documents, then Design -Builder shall grant Owner a limited license to use the Work Product in connection with Owner's completion, use, and occupancy of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to any Indemnified Party. 4.5 Owner's Indemnification for Use of Work Product. Owner recognizes that in the event of an early termination of the Work, whether for convenience or for cause, Design -Builder will not have the opportunity to finish or to finalize its Work Product. Therefore, if Owner uses the Work Product under Sections 4.3 or 4.4 in whole or in part, Owner agrees to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses, and expenses, including attorneys' fees, arising out of or resulting from Owner's use of the Work Product, to the fullest extent permitted by applicable law. Article 5.0 Contract Time 5.1 Dates of Commencement. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 4 512122 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 5.1.1 Design -Builder's Phase 1 Services shall commence within five (5) days of Design - Builder's receipt of Owner's Phase 1 Notice to Proceed unless the parties mutually agree otherwise in writing. The parties shall use their best efforts to complete the Phase 1 Services within the time durations detailed in Attachment C. Section Entitled; "SCHEDULE". 5.1.2 The Phase 2 Services shall commence on the date within five (5) days of Design -Builder's receipt of Owner's Phase 2 Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work included in Phase 1 shall be achieved no later than One Hundred Eighty (180) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). The Substantial Completion date for Phase 2 shall be submitted with the Guaranteed Maximum Price (GMP) deliverable package. 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved in accordance with Attachment C, Schedule. 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved within Thirty (30) days after Substantial Completion. 5.2.4 All of the dates set forth in this Article 5.0 shall be subject to adjustment in accordance with the General Conditions. 5.3 Time is of Great Importance. Owner and Design -Builder mutually agree that time is of great importance with respect to the dates and times set forth in the Contract Documents. Owner agrees to provide all site access, materials, information, data, and approvals required under the Contract Documents in a timely manner, as required for Design -Builder to achieve the interim milestones of the Schedule and the Scheduled Substantial Completion Date. 5.4 Liquidated Damages. Design -Builder understands that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (as it may be extended hereunder), Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (the "LD Date"), Design -Builder shall pay Owner One Thousand Dollars ($1.000.00 as liquidated damages for each day that Substantial Completion extends beyond the LD Date, up to a maximum o£ Fifty Thousand Dollars ($50.000.00). The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion. No Liquidated Damages shall be assessed in the event that Owner takes early beneficial occupancy of the Facility or makes partial use thereof for operating or commercial purposes before Substantial Completion is achieved. 5.5 Early Completion Bonus. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 5 512122 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE If Substantial Completion for the Phase 2 construction work is achieved on or before Twenty (20) days before the Scheduled Substantial Completion Date (the "Bonus Date"), Owner shall pay Design -Builder at the time of Final Payment under Section 7.4 hereof an early completion bonus of Five Hundred Dollars (5500.00) for each day that Substantial Completion is achieved earlier than the Bonus Date. Such Early Completion bonus shall not exceed Ten Thousand Dollars (510.000.00) in the aggregate. Article 6.0 Compensation and Contract Price 6.1 Phase I Compensation. Forthe Phase I Services, Owner shall pay Design -Builder compensation in accordance with Section 1, Phase 1, of Attachment B, Compensation. 6.2 Phase 2 Contract Price. For the Phase 2 Services, Owner shall pay Design -Builder in accordance with Section 2, Phase 2, of Attachment B, Compensation, an agreed Contract Price equal to Design - Builder's Fee (as defined in Attachment B) plus the Cost of the Work (as defined in Attachment B), subject to adjustments made in accordance with the General Conditions. Article 7.0 Procedure for Payment 7.1 Payment for Phase 1 Services 7.1.1 Owner shall compensate Design -Builder monthly for Phase 1 Services performed under the Agreement per Attachment B, Section 1. 7.1.2 Owner shall pay Design -Builder for Phase 1 Services within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with the provisions of GC 5.1 ("Payment for Phase 1 Services") and 5.4 ("Withholding of Payments"). 7.2 Progress Payments for Phase 2 Services 7.2.1 An initial payment of 7L4 dollars = shall be made upon execution of this Agreement and credited to Owner's account at final payment 7.2.2 Design -Builder shall submit to Owner on or before the twenty-fifth (25th) day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with GC 5.3 ("Monthly Progress Payments for Phase 2 Services"). 7.2.3 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with GC 5.3, but in each case less the total of payments previously made, and less any amounts properly withheld under GC 5.4 ("Withholding of Payments") and Section 7.3 below ("Retainage on Progress Payments"). 7.2.4 If Design -Builder's Fee is a fixed amount, the amount of Design -Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design -Builder's Fee. 7.3 Retainage on Progress Payments 7.3.1 Owner will retain Zero percent 0% of each Phase 1 Application for Payment and F.Lu percent © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 6 512122 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE O of each Phase 2 Application for Payment until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the Design -Builder has been reached and acceptance by the CITY as defined in Florida Statutes § 218.735(7)(d). 7.4 Final Payment 7.4.1 Design -Builder shall submit its Final Application for Payment to Owner in accordance with GC 5.8 ("Final Payment"). Owner shall make payment on Design -Builder's properly submitted and accurate Final Application for Payment within ten (10) days after Owner's receipt of the Final Application for Payment, provided that Design -Builder has satisfied the requirements for final payment set forth in GC 5.8.2. 7.5 Record Keeping and Financial Controls 7.5.1 Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work, including the development and agreement upon the Contract Price for Phase 2 Services. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles, and in such accounts as may be necessary for Owner's utility accounting purposes. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access from time to time, upon reasonable notice, to Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design -Builder shall preserve for a period of three (3) years after Final Payment, provided, however, that such access, review, and audit rights shall not extend to any compensation amounts established on the basis of fixed rates for overhead or fee, or an agreed fixed sum, or unit rates for any element of cost. Article 8.0 Representatives of the Parties 8.1 Owner's Representatives 8.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: Andrew Mack, P.E. Assistant City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 561-742-6401 MackA@bbfl.us 8.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in GC 3.4 ("Owner's Representative"): © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 7 512122 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Christopher Roschek, P.E. Engineering Division Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 561-742-6413 RoschekC@bbfl.us 8.2 Design -Builder's Representatives 8.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design - Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: Jim Holtj e, P.E. Area Manager PCL Construction, Inc. 1 N. Dale Mabry Highway, Suite 300 Tampa, FL 33609 813-425-1447 JHoltje@pcl.com 8.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in GC 2.1.1: Brandon Hinson Special Projects Manager PCL Construction, Inc. 1 N. Dale Mabry Highway, Suite 300 Tampa, FL 33609 407-956-9640 BHinson@pcl.com Article 9.0 Indemnity, Insurance, and Bonds 9.1 Indemnity. Indemnification obligations between the parties shall be as set forth in Article 4.0, above, and in Section 1.0, Indemnity, of Attachment E, Indemnity, Insurance & Bonding. 9.2 Insurance. The parties shall procure the insurance coverages set forth in Attachment E, Indemnity, Insurance & Bonding, in accordance with the General Conditions. 9.3 Bonds and Other Performance Security. If so required, Design -Builder shall provide a performance bond and labor and material payment bond or other performance security in accordance with Section 8.0, Bonds, of Attachment E, Indemnity, Insurance & Bonding. Article 10.0 Other Provisions 10 Other provisions, if any, are as follows: © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 8 512122 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 10.1 Mutual Waiver of Consequential Damages: Notwithstanding any other provision of this Agreement to the contrary, neither parry including their officers agents, servants, and employee shall be liable to the other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability (including but not limited to: contract, tort, or warranty) even if the possibility of such damages has been communicated. 10.2 Limitation of Liability: Notwithstanding any provision to the contrary contained in this Agreement, Design -Builder's total liability to Owner for any and all injuries, claims, losses, expenses, or damage whatsoever from any cause or causes, including but not limited to Design Builder's negligence, errors, omissions, strict liability or breach of contract, or breach of warranty, shall not exceed the total amount of $50,000 or the fee Design -Builder receives under this Agreement whichever is greater. 10.3 SCRUTINIZED COMPANIES 287.135 and 215.473: By submission, Design -Builder certifies that the Design -Builder is not participating in a boycott of Israel. Design -Builder further certifies that Design -Builder 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 Design -Builder 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 Design -Builder of the City's determination concerning the false certification. Design - Builder 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, Design -Builder 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 Design -Builder 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. 10.4 TRADE SECRET: Any language contained in the Design -Builder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If Design -Builder submits any documents or other information to the City which the Design -Builder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Design -Builder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Design -Builder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Design -Builder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Design -Builder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 9 512122 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 10.5 PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (3 0) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Design -Builder shall comply with Florida's Public Records Law. Specifically, the Design -Builder shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Design -Builder shall destroy all copies of such confidential and exempt records remaining in its possession once the Design -Builder transfers the records in its possession to the City; and D. Upon completion of the contract, Design -Builder shall transfer to the City, at no cost to the City, all public records in Design -Builder's possession All records stored electronically by Design -Builder 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. 10.6 IF THE DESIGN -BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DESIGN -BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 10.7 E -VERIFY 10.7.1 Design -Builder certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 10 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE "Design -Builder" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Design -Builder" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a Design -Builder or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Design -Builders, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Design -Builder shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of- a) £ a) All persons employed by a Design -Builder to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Design -Builder to perform work pursuant to the contract with the City of Boynton Beach. The Design -Builder acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Design -Builder shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Design -Builder shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Design -Builder shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Design -Builder, the Design -Builder may not be awarded a public contract for a period of one (1) year after the date of termination. Article 11. FEDERAL REQUIREMENTS. The City has applied for grant funding through the Florida Department of Environmental Protection's Resilient Florida Grant Program for the construction phase only. If the City is awarded the grant, the construction activities will need to comply with all required grant deliverables and deadlines. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 1152/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to DESIGN/BUILD FIRM in this section shall also apply to any subcontractor under the terms of this Agreement. 11.1 Equal Employment Opportunity. During the performance of this contract, DESIGN - BUILDER agrees as follows: 11.1.1 DESIGN -BUILDER will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. DESIGN -BUILDER will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. DESIGN -BUILDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 11.1.2 DESIGN -BUILDER will, in all solicitations or advertisements for employees placed by or on behalf of DESIGN -BUILDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 11.1.3 DESIGN -BUILDER will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with DESIGN-BUILDER's legal duty to furnish information. 11.1.4 DESIGN -BUILDER will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of DESIGN-BUILDER's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 11.1.5 DESIGN -BUILDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 11.1.6 DESIGN -BUILDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 12 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 11.1.7 In the event of DESIGN-BUILDER's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and DESIGN -BUILDER may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 11.1.8 DESIGN -BUILDER will include the provisions of paragraphs (11.1.1) through (11. 1.8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. DESIGN - BUILDER will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event DESIGN -BUILDER becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, DESIGN -BUILDER may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Design -Builders and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such CITY, and refer the case to the Department of Justice for appropriate legal proceedings. 11.2 Davis -Bacon Act. DESIGN -BUILDER shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, DESIGN -BUILDER must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, DESIGN -BUILDER must be required to pay wages not less than once a week. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 13 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 11.3 Copeland "Anti -Kickback" Act. DESIGN -BUILDER shall comply with the Copeland "Anti - Kickback" Act, (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Design -Builders and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). DESIGN -BUILDER must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. CITY must report all suspected or reported violations to the Federal awarding agency. 11.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) DESIGN -BUILDER must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. 11.4.1 Overtime requirements. No Design -Builder or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 11.4.2 Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (11.4. 1) of this section, the DESIGN -BUILDER and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (11.4. 1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (11.4. 1) of this section. 11.4.3 Withholding for unpaid wages and liquidated damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by DESIGN - BUILDER or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Design -Builder or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (11.4.2) of this section. 11.4.4 Subcontracts. DESIGN -BUILDER or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (11.4. 1) through (11.4.4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (11.4. 1) through (11.4.4) of this section. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 14 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 11.5 DESIGN -BUILDER agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251- 1387). CITY will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 11.5.1 Clean Air Act. DESIGN -BUILDER agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. DESIGN -BUILDER agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. DESIGN -BUILDER agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. 11.5.2 Federal Water Pollution Control Act. DESIGN -BUILDER agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. DESIGN -BUILDER agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. DESIGN -BUILDER agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance. 11.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such DESIGN -BUILDER is required to verify that none of the Design - Builder's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 11.6.1 DESIGN -BUILDER must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by CITY. If it is later determined that DESIGN -BUILDER did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 11.6.2 The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 11.7 Byrd Anti -Lobbying Amendment, as amended (31 U.S.C. § 1352). DESIGN -BUILDER shall file the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 11.8 Compliance with State Energy Policy and Conservation Act. DESIGN -BUILDER shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 15 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 11.9 Procurement of Recovered Materials. The CITY and DESIGN -BUILDER must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11.10 Reporting. Pursuant to 44 CFR 13.36(1)(7), CONSULTANT shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of DESIGN -BUILDER which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 11.11 Rights to Inventions. DESIGN -BUILDER agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the copyright of said materials or inventions for Federal Government purposes. 11.12 No Obligation by the Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, Design -Builder, or any other party pertaining to any matter resulting from the contract. 11.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. DESIGN -BUILDER shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre -approval. 11.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgment that federal financial assistance will be used to fund the Agreement only. DESIGN -BUILDER will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 11.15 Fraudulent Statements. DESIGN -BUILDER acknowledges that 31 U.S.C. Chap. 38 applies to DESIGN-BUILDER's actions pertaining to this Agreement. 11.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. 11.16.1 Prohibitions. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 16 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 11.16.1.1 Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 11.16.1.2 Unless an exception in paragraph 11. 16.2 of this clause applies, the DESIGN - BUILDER and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: 11.16.1.2.1 Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 11.16.1.2.2 Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 11.16.1.2.3 Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or 11.16.1.2.4 Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 11.16.2 Exceptions. 11.16.2.1 This clause does not prohibit DESIGN -BUILDER from providing: (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 11.16.2.2 By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 11.16.3 Reporting Requirement. 11.16.3.1 In the event DESIGN -BUILDER identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph 11.16.3.2 of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 17 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 11.16.3.2 The DESIGN -BUILDER shall report the following information pursuant to paragraph 11.16.3.1 of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information in paragraph 24.16.3.1 of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the design -builder shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The DESIGN - BUILDER shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 11.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the DESIGN -BUILDER should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 11.18 Affirmative Socioeconomic Steps. If subcontracts are to be let, DESIGN -BUILDER is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 11.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the DESIGN -BUILDER grants to CITY, apaid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, DESIGN - BUILDER will identify such data and grant to the CITY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, DESIGN -BUILDER will deliver to the DESIGN -BUILDER data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by DESIGN -BUILDER. SIGNATURE PAGE FOLLOWS © Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 18 5/2/22 PRO GRIESSIVE DES R-3-1,4/131 Ult, 1.) FOR R_F`Q 0 1. 3-282 1-2 1 /11' 11,11)' II' STAT107'4 3 if 7 1w'1 AJOR U PGRAD-E; In execuiting this Agexinent, Owner and DesiE� I-131,dldejr each i'n(lMdually drat it has 6 e necessary finarricial Yesorace's 'to fulfill N'is obfigatior)s rifirder this Agreernent, arid each bias khte J_,je(,&,ssary corpoyate aIfp'MVMS tto CXCCUtC this Agreerrient and peirfiorrrn the scrvlces described II)iereirit, "Th�s Agireeirrient wili take effect once signed b, both parties. ll Agreement nray be s�gned I)y the palrles y in COLMileirparts which together shall constitute one and the sarrie ag greeitirient among [lie pafties,, A fiiicsiiithle signature shall constitute arr original signature for, all purposes," g IN WITNESS WHEREOF, the parties 1-mve ljier(.;urno sel: theh hands wiA seals on the day and year set fbirth, below theb." respective signatures. I[N WITNESS WIREIRE01F, the parties hereto have executed this Corniact in multiple copies, each of which shall be considered ari origirial on the following dates: DATED this day CITY OF BOYNTON 13FACH .from Stables, Interim City Manager Attcst/Authcnficated: Approved as to Form: James A. Cherof Office of the City Attorney 20 (Aut)rorized Offigial lme),"(P Q /. Construction, Inc.) Rilcrmrd riewilt Print Name of Authorize agor Signer Title Attest/Authenticated: Crystal Gibson City Clerk Copyright 2013 by The Water Design -Build Council (VVDBC) VVDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 19 5/2/22 Page 619 of 946 (Corporate Seal) ....... ... Witness . .......... . .. Print Nanie Attest/Authenticated: Crystal Gibson City Clerk Copyright 2013 by The Water Design -Build Council (VVDBC) VVDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 19 5/2/22 Page 619 of 946 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT A SCOPE OF WORK SECTION 1 PHASE 1 1.0 Design -Builder shall exercise reasonable skill and judgment in the furnishing of design services. Architectural and engineering services shall be furnished by licensed employees of Design -Builder, or by consultants or subcontractors as permitted by the law of the state where the Project is located. Design - Builder is responsible for the following Preliminary Design -Build Services: 1.1 Preliminary Evaluation. Design -Builder shall provide a preliminary evaluation of the Project's feasibility based on the Owner's Program and other relevant information. 1.2 Preliminary Schedule. Design -Builder shall provide a preliminary schedule for Owner's written approval. The schedule shall show the activities of Owner and Design -Builder necessary to meet Owner's completion requirements. 1.3 Preliminary Estimate. Design -Builder shall prepare for Owner's written approval a preliminary estimate utilizing area, volume, or similar conceptual estimating techniques. The level of detail for the estimate shall reflect the Owner's Program and any additional available information. If the preliminary estimate exceeds Owner's budget, Design -Builder shall make written recommendations to Owner. 1.4 Preliminary Design Documents. Design -Builder shall submit for Owner's written approval Preliminary Design Documents, based on the Owner's Program and other relevant information. Preliminary Design Documents shall include drawings, outline specifications and other conceptual documents as further defined herein illustrating the Project's basic elements, scale and their relationship to the site. One set of these Documents shall be furnished to Owner. Design -Builder shall update the preliminary schedule and preliminary estimate based on the Preliminary Design Documents. 1.5 Division of Responsibility. Design -Builder shall prepare for Owner's review a proposed Division of Responsibility with respect to the Project, showing (a) equipment, materials, labor, and services to be provided by Design -Builder, (b) access, equipment, materials, data, information, and approvals to be provided by Owner, and (c) any items necessary for the Proj ect to be provided by third parties. 1.6 Contract Price Proposal. Based on the Preliminary Design -Build Services, Design - Builder shall prepare for Owner's consideration a proposed Contract Price for the Phase 2 Services. 1.7 Additional Services. Design -Builder shall provide the following additional services, if any: 1.7.1 See Attachment F — Owner's Design -Build Criteria. Phase I Scope of Work WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-20 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE SECTION 2 PHASE 2 2.1 Completion of Design 2.1.1 Drawings and Specifications Design -Builder shall submit for Owner's review and written comment Drawings and Specifications based on the Contract Documents and the Preliminary Design Documents prepared under Phase I and any further development of Contract Documents that have been approved in writing by Owner. The Drawings and Specifications shall set forth in detail the requirements for construction of the Work, and shall be based upon codes, laws, or regulations enacted at the time of their preparation, provided, however, that if such codes, law, or regulations have changed between the date on which Design -Builder submitted its proposed Contract Price and the date of preparation, then Design - Builder shall be entitled to an equitable adjustment in the compensation and/or the Schedule. Construction shall be in accordance with these approved Drawings and Specifications. One set of these documents shall be furnished to Owner prior to commencement of construction. 2.1.2 Manuals Design -Builder shall provide a Commissioning and Startup Manual and an Operations and Maintenance Manual for the Facility, as applicable, each in such form and in such numbers as the parties may agree, and such other manuals as the parties may agree. All such manuals shall be provided no later than ninety (90) days prior to the scheduled date for the commissioning and startup of the Facility. 2.2 Construction Services 2.2.1 Notice to Proceed Following Owner's written acceptance of Drawings and Specifications under Paragraph 2. 1.1 above, Design -Builder will commence the performance of Construction Services. 2.2.2 Completion In order to complete the Work, Design -Builder shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools, and subcontracted items. 2.2.3 Compliance Design -Builder shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. 2.2.4 Schedule Design -Builder shall prepare and submit a Schedule of Work in the form of a revised Attachment C, Schedule, for Owner's written approval. This Schedule shall indicate the dates for the start and completion of the various stages of the construction including the dates when information and approvals are required from Owner. It shall be revised as required by the conditions of the Work. The Schedule of Work shall be the basis for Design -Builder's management and control of the project and its reporting of progress to Owner. 2.2.5 Permits Design -Builder shall assist Owner in securing the building permits necessary for the construction of the Project. 2.2.6 Safety and Hazardous Conditions Design -Builder shall take necessary precautions for the safety of its employees on the Project, and shall comply with all applicable provisions of federal, state, and municipal safety laws to prevent accidents or injury to persons on, about, or adjacent to the Site. Design -Builder, directly or through its Subcontractors, shall erect and properly maintain at all WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-21 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers and the public. However, Design -Builder shall not be responsible for the elimination or abatement of any pre-existing Hazardous Materials at the site or any safety hazards created or otherwise resulting from work at the Site carried on by Owner or its employees, agents, separate contractors or tenants. Owner agrees to cause its employees, agents, separate contractors, and tenants to abide by and fully adhere to all applicable provisions of federal, state, and municipal safety laws and regulations. The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. 2.2.7 Reports As provided in GC 2.1.2, Design -Builder shall provide monthly written reports to Owner on the progress of the Work including a system of cost reporting for the Work, and also including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes in the Work. 2.2.8 Site Maintenance At all times Design -Builder shall maintain the Site of the Work free from debris and waste materials resulting from the Work. At the completion of the Work, Design -Builder shall remove from the premises all construction equipment, tools, surplus materials,waste materials, and debris. 2.3 Hazardous Material 2.3.1 A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal and/or clean-up. Design -Builder shall not be obligated to commence or continue Work until any known or suspected Hazardous Material discovered at the Site has been removed, rendered, or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate government agency. 2.3.2 If after the commencement of the Work, known or suspected Hazardous Material or Hazardous Conditions are discovered at the Site, Owner and Design -Builder shall proceed in accordance with the requirements of GC 4.1 ("Hazardous Conditions & Differing Site Conditions"). 2.4 Patents & Copyright 2.4.1 Design -Builder shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Design -Builder and incorporated in the Work. Design -Builder agrees to defend, indemnify and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. 2.4.2 Owner shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Owner or specified in the Performance Criteria or bridging documents to be incorporated in the Work. Owner agrees to defend, indemnify and hold Design -Builder harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any such patented or copyrighted materials, methods, or systems specified by Owner. 2.5 Warranties and Completion 2.5.1 Design -Builder's warranty to Owner with respect to construction, including all materials and equipment furnished as part of the construction, shall be as specified in GC 2.9 ("Design -Builder's Warranty"). WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-22 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.5.2 Design -Builder's warranty to Owner with respect to the performance of the Facility upon completion shall be as specified in GC 2.11 ("Performance Warranty"). 2.5.3 Those products, equipment, systems, or materials incorporated in the Work at the direction of or upon the specific request of Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. 2.5.4 All other warranties, express or implied, including any warranty of merchantability and any warranty of fitness for a particular purpose are expressly disclaimed. 2.5.5 Design -Builder shall secure required certificates of inspection, testing, or approval and deliver them to Owner. 2.5.6 Design -Builder shall collect all written warranties and equipment manuals and deliver them to Owner. 2.5.7 With the assistance of Owner's maintenance personnel, Design -Builder shall direct the checkout of utilities and operations of systems and equipment forreadiness, and assist in their commissioning and initial start-up and testing, all in accordance with the Commissioning and Startup Manual to be provided by Design -Builder. 2.5.8 See Attachment G - Special Conditions 1-16 2.6 Limitations of Liability 2.6.1 Limitation of Liability. Design -Builder's liability for Owner's damages for any cause or combination of causes (including any liquidated damages), whether based upon contract, tort, breach of warranty, negligence, strict liability, or otherwise, shall be limited as set forth in General Condition GC 2.11 ("Limitations of Liability") and Article 10 of the Agreement. 2.7 Additional Services Design -Builder shall provide or procure the following Additional Services upon the request of Owner unless such services are specifically included in the Owner's Program or in an attachment to this Agreement. A written agreement between Owner and Design -Builder shall define the extent of such Additional Services and compensation therefore. 2.7.1 Documentation of the Owner's Program, establishing the Project budget (beyond the Cost of the Work), investigating sources of financing, general business planning, and other information and documentation as may be required to establish the feasibility of the Proj ect. 2.7.2 Consultations, negotiations, and documentation supporting the procurement of Project financing. 2.7.3 Surveys, site evaluations, legal descriptions, and aerial photographs. 2.7.4 Appraisals of existing equipment, existing properties, new equipment, and developed properties. 2.7.5 Soils, subsurface and environmental studies, reports, and investigations are required for submission to governmental authorities or others having jurisdiction over the Project. 2.7.6 Consultations and representations other than normal assistance in securing building permits, before governmental authorities or others having jurisdiction over the Project. 2.7.7 Investigation or making measured drawings of existing conditions or the verification of drawings or other Owner -provided information. 2.7.8 Artistic renderings, models, and mockups of the Project or any part of the Project or the WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-23 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Work. 2.7.9 Inventories of existing furniture, fixtures, furnishings, and equipment which might be under consideration for incorporation into the Work. 2.7.10 Interior design and related services including procurement and placement of furniture, furnishings, artwork, and decorations. 2.7.11 Making revisions to the Preliminary Design, Design Development, or Construction Documents after they have been reviewed by Owner, and which are due to causes beyond the control of Design -Builder. 2.7.12 Design, coordination, management, expediting, and other services supporting the procurement of materials to be obtained, or work to be performed, by Owner, including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems, and other specialty systems which are not a part of this Agreement. 2.7.13 Estimates, proposals, appraisals, consultations, negotiations, and services in connection with the repair or replacement of an insured loss. 2.7.14 The premium portion of overtime work ordered by Owner including productivity impact costs. 2.7.15 Document reproduction exceeding the allowances provided for in this Agreement. 2.7.16 Obtaining service contractors and training maintenance personnel, assisting and consulting in the use of systems and equipment after the initial startup, and adjusting and balancing of systems and equipment. 2.7.17 Services for tenant or rental spaces or third -party facilities not a part of this Agreement. 2.7.18 Services requested by Owner or required by the Work which are not specified in the Contract Documents and which are not normally part of generally accepted design, construction, and start-up and commissioning practice. 2.7.19 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or otherwise, regarding the Project. 2.7.20 Preparing reproducible record drawings from marked -up prints, drawings, or other documents that incorporate significant changes in the Work made during the Construction Phase. 2.8 Subcontractors. Work not performed by Design -Builder with its own forces shall be performed by Subcontractors. The provisions of this Agreement and the associated Contract Documents shall be incorporated into all major subcontracts as defined in "schedule of sub-consultant/minority business enterprise (MBE/WBE) participation. 2.8.1 Retaining Subcontractors Design -Builder shall not retain any Subcontractor to whom Owner has a reasonable and timely objection, provided that Owner agrees to compensate Design -Builder for any additional costs incurred by Design -Builder as provided in GC 2.7.3. Design -Builder shall not be required to retain any Subcontractor to whom Design -Builder has a reasonable obj ection. 2.8.2 Management of Subcontractors Design -Builder shall be responsible for the management of Subcontractors in the performance of their work. 2.8.3 Assignment of Subcontract Agreements Design -Builder shall provide for assignment of subcontract agreements in the event that Owner terminates this Agreement for cause as provided in WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-24 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE GC 11.2 ("Owner's Right to Perform and Terminate for Cause"). Following such termination, Owner shall notify in writing those subcontractors whose assignments will be accepted, subject to the rights of sureties. 2.9 See Attachment F — Owner's Design -Build Criteria. Phase 2 Scope of Work SECTION 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services Provided by Owner 3.1.1 Owner shall provide full information regarding requirements for the Project, including the Owner's Program, Performance Criteria, bridging documents, and other relevant information, within the times specified in Attachment C, Schedule. 3.1.2 Owner shall provide: 1. All necessary information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface, and environmental studies, utilities, reports, and investigations; 2. Unless otherwise provided in the Contract Documents, necessary approvals, site plan review, rezoning, easements and assessments, necessary permits, fees, and charges required for the construction, use, occupancy, or renovation of permanent structures, including legal and other require services. 3.1.3 Design -Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Section 3.1. 3.2 Owner's Responsibilities during Phase 1 3.2.1 If not developed by Owner and Design -Builder under a prior agreement, Owner shall provide the Owner's Program at the inception of the Design Phase. Owner shall review and timely approve schedules, estimates, and design documents furnished during the Design Phase as set forth in Section 3.1. 3.2.2 Owner shall arrange for access to and make all provisions for Design -Builder to enter upon public and private property as required for Design -Builder to perform Phase I services hereunder. 3.2.3 Design -Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.2. 3.3 Owner's Responsibilities during Phase 2 Design and Construction 3.3.1 Owner shall review and approve the Schedule as set forth in Attachment C, Schedule, as revised. 3.3.2 If Owner becomes aware of any error, omission, or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, Owner shall give written notice to Design -Builder within five (5) days of so becoming aware. 3.3.3 Unless otherwise agreed by Design -Builder, Owner shall communicate with Design -Builder's Subcontractors, Suppliers, and Design Consultants only through Design -Builder. Owner shall have no contractual obligations to Subcontractors or Suppliers or Design Consultants. 3.3.4 Owner may provide insurance for the Project as provided in Attachment E, Indemnity, Insurance & Bonding. 3.3.5 Owner shall provide timely, clear, and adequate access to the site and any laydown areas. WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-25 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 3.3.6 Owner shall provide all equipment, materials, information, data, and approvals required for Design - Builder's performance of the Work in a timely and complete manner. 3.3.7 Design -Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.3. 3.4 Owner's Representative Owner's representative, designated in writing and agreed to by Design -Builder: I. shall be fully acquainted with the Project; 2. agrees to furnish the information and services required of Owner when required so as not to delay the performance of the Work; and have authority to bind Owner in all matters requiring Owner's approval, authorization, or written notice. If Owner changes its representative or the representative's authority as listed above, Owner shall notify Design -Builder in advance in writing. Design -Builder shall have the right to approve any successor representative. 3.5 City's Responsibilities 3.5.1 See Attachment G - Special Conditions 15 WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-26 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT B COMPENSATION SECTION 1 PHASE 1 SERVICES — IN ACCORDANCE WITH ATTACHMENT A SCOPE OF WORK In accordance with the Design -Builder's proposal for Phase 1 Services dated March 24, 2022, the total fee is $ $490,740.00 . SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES 1.0 Choice of Compensation Method for Phase 2 Services 1.1 The parties may elect to use the Guaranteed Maximum Price ("GMP") form of compensation for the Phase 2 Services, or a fixed Contract Price, or cost -reimbursable compensation with a Fixed Fee. If the GMP form of compensation is to be used, it may be agreed upon before the execution of this Agreement or will be developed and agreed upon for Phase 2 services. If the parties do not use a GMP, then the compensation to Design -Builder shall be a fixed Contract Price developed in accordance with Section 3.0, or shall be based on those fees and costs identified in Section 4.0.) 2.0 Guaranteed Maximum Price The Guaranteed Maximum Price (GMP) will be developed as part of the Phase 1 services by the Design -Builder and submitted to the Owner for acceptance as part of the GMP deliverable package. 2.1 Use of a GMP Agreed upon Execution of this Agreement 2.1.1 Design -Builder agrees that upon Owner's request it will submit its proposal for the Contract Price on the basis of a Guaranteed Maximum Price for the Phase 2 Services. Design -Builder does not guarantee any specific line item provided as part of the GMP, but agrees that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP shall be identified in an agreed revision to this Attachment. 2.1.2 The GMP will include an allowance within each work package or task order as determined by the Design -Builder and approved by the Owner when a maximum price for the work package or task order has been not been determined at time of GMP. This allowance will be used as the maximum value for the specific line item and all remaining funds within the work package or task order will revert to the Owner after the price is determined through competitive bidding or final pricing by the Design -Builder. If an allowance is not included within the work package or task order line, the agreed upon price is the maximum for that item. Any savings within the fixed price items will be included in the savings sharing formula specified in Section 2.3.1. 2.1.3 If the parties so agree, the Phase 2 Services may be divided into separate work packages or task orders, and Design -Builder shall propose and Owner shall consider for acceptance a separate GMP for each such work package or task order. WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Major Upgrade Page B-27 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.2 GMP Established at the Commencement Date of Phase 2 2.2.1 GMP Proposal. If requested by Owner, Design -Builder shall submit to Owner a GMP Proposal for the Contract Price as part of the Phase 1 Services which shall include the following, unless the parties mutually agree otherwise: 1. A proposed GMP, which shall be the sum of- i. £i. Design -Builder's Fee as defined in Section 2, Phase 2, of Attachment B, Compensation; ii. the estimated Cost of the Work as defined in Section 2, Phase 2, of Attachment B, Compensation, inclusive of any Design -Builder's allowance as defined in Section 1. 1.2 above; and iii. if applicable, any prices established under Section 2, Phase 2, of Attachment B, Compensation. 2. A list of the drawings and specifications, including all addenda, used as the basis for the GMP proposal; 3. A list of the assumptions, exceptions, and clarifications made by Design -Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; 4. The Scheduled Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established under Paragraph 5.2.1of the Agreement, and a schedule upon which the Scheduled Substantial Completion Date is based; 5. If applicable, a list of allowances and a statement of their basis; 6. If applicable, a schedule of alternate prices; 7. If applicable, a schedule of unit prices; 8. If applicable, a statement of Additional Services; and 9. The time limit for acceptance of the GMP Proposal. 10. Schedule of owner -direct purchase equipment for sales tax relief. 2.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design - Builder and Owner shall meet to discuss and review the GMP Proposal. If Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. 2.2.3 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as may it be amended by Design -Builder, the GMP and its basis shall be set forth in an amendment to this Agreement. 2.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design -Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Major Upgrade Page B-28 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 1. Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design -Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.2.3 above; 2. Owner may authorize Design -Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 2, Phase 2, of Attachment B, Compensation, without a GMP, in which care all references in this Agreement to the GMP shall not be applicable; or 3. Owner may terminate this Agreement for convenience in accordance with GC 9.2 ("Termination for Convenience"). If Owner fails to exercise any of the above options, Design -Builder shall have the right to (i) continue with the Work as if Owner had elected to proceed in accordance with Item .2 above, and be paid by Owner accordingly, unless and until Owner notifies it in writing to stop the Work, or (ii) suspend performance of Work in accordance with GC 9.4 ("Design -Builder's Right to Stop Work"). 2.2.5 Conversion. The parties may agree at any time to convert the agreed GMP to a Fixed Contract Price for the completion of the Phase 2 Services. 2.3 Savings 2.3.1 Savings Sharing. If the sum of the actual Cost of the Work and Design -Builder's Fee (and, if applicable, any prices established under Paragraph 6.2 of the Agreement) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ("Savings") shall be shared as follows: Forty percent (40%) to Design -Builder and Sixty percent (60%) to Owner. The Design -Builder shared savings shall not exceed Thirty Thousand ($30.000.00). 2.3.2 Savings Calculation. Savings shall be calculated and paid as part of Final Payment under Section 7.4 of the Agreement, with the understanding that to the extent Design -Builder incurs costs after Final Completion which would have been payable to Design -Builder as a Cost of the Work, Design - Builder shall be entitled to payment from Owner for that portion of such costs that were distributed to Owner as Savings. 2.4 Basis. Documents used as a basis for the GMP shall be identified in a mutually agreed revision to this Attachment. 3.0 Fixed Contract Price 3.1 If the parties initially agree that the Phase 2 Services shall be performed on the basis of a Fixed Contract Price, then the Design -Builder shall develop the proposed Contract Price on an "open book" basis and present it to Owner for review and approval. 3.2 Once the Fixed Contract Price is agreed, then this Agreement shall be amended to establish the Fixed Contract Price as the basis for the performance of the Phase 2 Services. 4.0 Cost Reimbursable plus Design -Builder's Fee 4.1 If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis plus a Fixed Design -Builder's Fee, then the Design -Builder shall develop an estimated Contract Price on an "open book" basis and present it to Owner for review and approval. 4.2 The cost -reimbursable elements of the Work shall be those set forth in Section 4.4 ("Cost of the Work"). WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Major Upgrade Page B-29 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 4.3 Design -Builder's Fee shall be: Six percent (6%) of the Cost of the Work, as adjusted in accordance with Section 2.1.2 above. 4.3.1 Design -Builder's Fee will be adjusted as follows for any changes in the Work - Same as 4.3 above. 4.4 Cost of the Work. The term "Cost of the Work" shall mean costs reasonably incurred by Design -Builder in the proper performance of the Work. The Cost of the Work shall include only the following: 1. Wages of direct employees of Design -Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site, provided, however, that the costs for those employees of Design -Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement. 2. Wages or salaries of Design -Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off -Site to assist in the production or transportation of material and equipment necessary for the Work. 3. Wages or salaries of Design -Builder's personnel stationed at Design -Builder's principal or branch offices and performing design and Project administration functions. However, such costs shall be excluded from fee as listed in Section 4.3 above. 4. Costs incurred by Design -Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design -Builder, to the extent such costs are based on wages and salaries paid to employees of Design -Builder covered under Paragraphs 2.2.1 through 2.2.3 hereof. 5. The reasonable portion of the cost of travel, accommodations, and meals for Design - Builder's personnel necessarily and directly incurred in connection with the performance of the Work. 6. Payments properly made by Design -Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 7. Costs incurred by Design -Builder in repairing or correcting defective, damaged or nonconforming Work, provided that such defective, damaged or nonconforming Work was beyond the reasonable control of Design -Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design -Builder or those working by or through Design -Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Design -Builder shall use its best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. 8. Costs, including transportation, inspection, testing, storage, and handling, of materials, equipment, and supplies incorporated or reasonably used in completing the Work. 9. Costs less salvage value of materials, supplies, temporary facilities, machinery, vehicles, equipment, and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design - Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 10. Costs of removal of debris and waste from the Site. WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Major Upgrade Page B-30 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 11. The reasonable costs and expenses incurred in establishing, operating, and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage, and express delivery charges, telephone service, photocopying, and reasonable petty cash expenses. 12. Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment, and hand tools not customarily owned by the workers, which are provided by Design -Builder at the Site, whether rented from Design -Builder or others and incurred in the performance of the Work. 13. Premiums for insurance and bonds required by this Agreement or the performance of the Work, however such costs shall be excluded from fee as listed in Section 4.3 above. 14. All fuel and utility costs incurred in the performance of the Work. 15. Sales, use, or similar taxes, tariffs, or duties incurred in the performance of the Work. 16. Legal costs, court costs, and costs of mediation and arbitration reasonably arising from Design -Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design -Builder. 17. Costs for permits, royalties, licenses, tests, and inspections incurred by Design -Builder as a requirement of the Contract Documents. 18. The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design -Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 19. Deposits which are lost, except to the extent caused by Design -Builder's negligence. 20. Costs incurred in preventing damage, injury, or loss in case of an emergency affecting the safety of persons and property. 21. Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 4.5 Non -Reimbursable Costs The following shall be excluded from the Cost of the Work: 1. Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices, except as provided for in Paragraphs 4.4.1, 4.4.2, and 4.4.3, hereof. 2. Overhead and general expenses, except as provided for in Section 4.4.2 hereof, or which may be recoverable for changes to the Work. 3. The cost of Design -Builder's capital used in the performance of the Work. 4.6 Contract Price The Contract Price shall be the sum of the Design -Builder's Fee under Section 4.3 plus the amount agreed between Owner and Design -Builder for the Cost of the Work under Section 4.4. When agreed, the Contract Price is stated to be: Dollars ($ ) 4.7 Establishment of Guaranteed Maximum Price see Attachment G - Special Conditions 17. WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Major Upgrade Page B-31 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT C SCHEDULE SECTION 1 PHASE 1 1.0 The schedule provided as part of the proposal dated March 24, 2022 by the Design -Builder for the Phase I Services shall be adhered to following issuance of Notice to Proceed by the Owner. SECTION 1 PHASE 2 1.0 Phase 2 Schedule will be included with the GMP deliverable package. WDBC Document No. W-1704-2013 Attachment C — Schedule — LS317 Major Upgrade Page C-32 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT D GENERAL CONDITIONS GC 1.0 General 1.1 Mutual Obligations 1.1.1 Owner and Design -Builder agree to cooperate fully with each other at all times, to permit each parry to realize the benefits afforded under the Contract Documents. 1.1.2 These General Conditions ("GC") may be supplemented, varied, or revised through Supplementary Conditions ("SC"), as attached. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design -Builder with respect to the Proj ect 1.2.2 Bonus Date has the meaning given in Section 5.5 of the Agreement. 1.2.3 Change in Law has the meaning given in GC 8.1.2. 1.2.4 Changed Condition has the meaning given in GC 8.1. 1.2.5 Change Order has the meaning given in GC 7.1. 1.2.6 Construction Warranty has the meaning given in GC 2.9. 1.2.7 Construction Warranty Period is that period specified in GC 2.10.1. 1.2.8 Contract Documents has the meaning given in Section 2.1 of the Agreement. 1.2.9 Contract Price has the meaning given in Section 6.2 of the Agreement and Section 2, Phase 2, of Attachment B, Compensation. 1.2.10 Contract Time(s) shall mean the times for performance of the Work by Design -Builder and the delivery of items and approvals by Owner set forth in Article 5 ("Contract Time") of the Agreement and Attachment C, Schedule. 1.2.11 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.12 Design -Build Fee shall mean the percentage asset forth in Attachment B 4.3 of this contract. 1.2.13 Design Consultant, if any, is a qualified, licensed design professional who is not an employee of Design -Builder, but is retained by Design -Builder, or employed or retained by anyone under contract with Design -Builder or Subcontractor, to furnish design services required under the Contract Documents. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-33 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 1.2.14 Design Criteria means those documents which define the Owner's criteria for the scope, quality, and function of the proposed facility, and which may be expanded to outline Owner's project cost limitations and schedule requirements. 1.2.15 Differing Site Conditions has the meaning given in GC 4.2.1. 1.2.16 Early Completion Bonus has the meaning given in Section 5.5 of the Agreement. 1.2.17 Electronic Data has the meaning given in GC 11.1.1. 1.2.18 Extended Performance Warranty is Design -Builder's warranty under GC 2.11.2 that the completed Facility shall be capable of meeting the Performance Standards in Attachment F throughout the Performance Warranty Period. 1.2.19 Project is the physical facility to be designed and constructed for Owner as defined by the scope and contract documents. 1.2.20 Project Performance Criteria means the Owner's criteria for the performance of the project as described in Attachment H Phase I Design Development. 1.2.21 Final Acceptance of the Project shall be deemed to have occurred upon final payment pursuant to GC 5.8. 1.2.22 General Conditions refer to this Attachment D, General Conditions. 1.2.23 Hazardous Conditions are any materials, wastes, substances, and chemicals deemed hazardous under applicable Legal Requirements, or which handling, storage, remediation, or disposal applicable Legal Requirements regulate. 1.2.24 Hazardous Materials has the meaning given in Section 2.3 of Attachment A, Scope of Work. 1.2.25 Indemnified Parties, with respect to Work Product, has the meaning given in Section 9.1 of the Agreement. 1.2.26 Legal Requirements are all federal, state, and local laws, codes, ordinances, rules, regulations, orders, and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work which are applicable as of the date of Design -Builder's proposal to Owner, and, subject to the Change in Law provisions of GC8 1.2, which become applicable during the Contract Time. 1.2.27 Liquidated Damages means such damages as maybe assessed under Section 5.4 of the Agreement. 1.2.28 Liquidated Damages Date has the meaning given in Section 5.4 of the Agreement. 1.2.29 Manuals means the Commissioning and Startup Manual and the Operations and Maintenance Manual and such other manuals as the parties may agree to be provided. 1.2.30 Open Book Pricing- The method in which the design -build firm provides the Owner, at the Owner's request, all books, records, documents, contracts, subcontracts, purchase orders, and other data in its possession pertaining to the bidding, pricing, or performance of a contract for design -build services awarded to the design -build firm with the exception of proprietary information. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-34 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 1.2.31 Owner's Program means the overall definition of Owner's requirements for the Project, including Owner's PrQj ect Criteria, all materials, equipment, and other items to be provided by Owner, and all items to be provided by third parties. 1.2.32 Owner's Project Criteria are developed by or for Owner to describe Owner's Program requirements and obj ectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design -Builder's performance of the Work. Owner's Project Criteria may include conceptual documents, Design Criteria, Facility Performance Criteria, performance test, wage rate requirements, MBE/WBE requirements, and other Proj ect-specific technical materials and requirements. 1.2.33 Owner's Representative means the individual selected and authorized by Owner to act upon Owner's behalf with respect to Design -Builder and the performance of this Agreement, in accordance with GC 3.4, and identified by Owner in writing within ten (10) days of execution of this Agreement. 1.2.34 Performance Warranty has the meaning given in GC 2.11. 1.2.35 Project is the design and construction of the Owner's Facility, including start-up, testing, and the provision of manuals, warranties, as -built drawings and specifications, spare parts, and all other items required to be provided under this Agreement. 1.2.36 Schedule means that Schedule for the performance of the Work in accordance with the Contract Time(s) set forth in Attachment C, Schedule, as revised from time to time. 1.2.37 Site is the land or premises on which the Project is located, including any separate laydown or storage areas. 1.2.38 Subcontractor is any person or entity retained by Design -Builder as an independent contractor to perform a portion of the Work and shall include material and suppliers. 1.2.39 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include material and suppliers. 1.2.40 Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.41 Certificate of Substantial Completion is that Certificate issued by Owner to Design -Builder pursuant to GC 5.7.1. 1.2.42 Uncontrollable Circumstances are those acts, omissions, conditions, events, or circumstances beyond the control of Design -Builder and due to no fault of its own or those for whom Design - Builder is responsible. By way of example (and not limitation), Uncontrollable Circumstances include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather conditions not reasonably anticipated, and other circumstances beyond the reasonable control of the party affected. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-35 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 1.2.43 Work is comprised of all Design -Builder's design, construction, start-up, testing, warranty, and other services required to by the Contract Documents, including procuring and furnishing all materials, equipment, services, and labor reasonably inferable from the Contract Documents, plus manuals and documentation required by the Contract Documents. 1.2.44 Direct Owner Purchases is a procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Contractor's/Design-Build Team or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. GC 2.0 Design -Builder's Services and Responsibilities 2.1 General Services 2.1.1 Design -Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design -Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the mutual agreement of Owner and Design -Builder. 2.1.2 Design -Builder shall provide Owner on a monthly basis a status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, (iv) other items require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s), and (v) such other items as Owner may reasonably require. 2.1.3 Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by GC 2.1.4, apreliminary schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). When agreed between the parties, such schedule shall be attached hereto as Attachment C, Schedule. The Schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such, dates may be adjusted in accordance with the Contract Documents. Owner's review of and response to the Schedule shall not be construed as relieving Design -Builder of its complete and exclusive control over the means, methods, sequences, and techniques for executing the Work. 2.1.4 The parties will meet, within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals, review, and approval tum -around times contained in the Schedule, and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.1.5 At the completion of Phase 1 Services, the parties may agree upon a revised Schedule to reflect the intended scope of Phase 2 Services and as the basis for the Contract Price to be agreed for the Phase 2 services. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-36 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.2 Design Professional Services 2.2.1 Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from a qualified, independent licensed Design Consultant, the necessary design services, including architectural, engineering, and other design professional services, for the preparation of the required drawings, specifications, and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any independent Design Consultant. Construction engineering and inspection associated with the construction of this portion on the projects will be required. 2.3 Standard of Care for Design Professional Services 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. Design -Builder, its Design Consultants, and its Subcontractors may reasonably rely on the accuracy and completeness of Owner's Project Criteria. 2.4 Design Development Services 2.4.1 Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams, and specifications setting forth the Project requirements. Such agreement may specify the percentage completion of the design documents to be submitted for such review and comment. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design - Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and comment on the interim design submissions in a time frame that is consistent with the turnaround times set forth in the Schedule. 2.4.2 Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions; as such, submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and Owner shall review and may comment on the Construction Documents in accordance with the procedures set forth GC 2.4.1. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner's review and approval of interim design submissions and the Construction Documents are for mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-37 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design -Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements 2.5.1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design -Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work. Such effects may include, without limitation, revisions Design - Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits 2.6.1 Except as identified in Attachment F, Owner's Permit List, Design -Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges, and inspection fees required for the prosecution of the Work by any government or quasi -government entity having jurisdiction over the Project. 2.6.2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals, and licenses that are Owner's responsibility. 2.7 Design -Builder's Phase 2 Construction Services 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities, and other temporary facilities to permit Design -Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design -Builder shall perform all construction activities efficiently and with the requisite skill and exercise complete and exclusive control over the means, methods, sequences, and techniques of construction. 2.7.3 Design -Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design - Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design -Builder's cost and/or time of performance. 2.7.4 Design -Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts, errors, or omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third - party beneficiary rights. 2.7.5 Design -Builder shall coordinate the activities of all Subcontractors. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-38 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.7.6 If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design -Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Pro] ect can be completed in an orderly and coordinated manner without unreasonable disruption. Unreasonable disruption or interference by Owner's separate contractors may result in a request for a Contract Adjustment under GC 8.1.3. 2.7.7 Design -Builder shall keep the Site reasonably free from debris, trash, and construction wastes to permit Design -Builder to perform its construction services efficiently, safely, and without interfering with the use of adjacent land areas. 2.7.8 Upon Substantial Completion of the Work, or a portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery, and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. 2.8 Design -Builder's Responsibility for Project Safety 2.8.1 Design -Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury, or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. Design -Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work, and shall develop a Project Safety Program, which shall be implemented at the Project Site during the performance of the Work. Unless otherwise required by the Contract Documents, Design -Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project other than safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design -Builder's personnel, Subcontractors, and others as applicable. 2.8.2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner -specific safety requirements set forth in the Contract Documents and incorporated into the Project Safety Program, provided that such Owner -specific requirements do not violate any applicable Legal Requirement. Design -Builder will immediately report in writing any safety-related injury, loss, damage, or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasi -government authorities having jurisdiction over safety-related matters involving the Project or the Work. 2.8.3 Design -Builder's responsibility for safety under this GC 2.8 is not intended in any way to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury, losses, damages or accidents resulting from their performance of the Work. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-39 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.8.4 Owner shall require that its officers, employees, guests, visitors, and other contractors entering the Project Site comply with the Project Safety Program then in effect. 2.9 Construction Warranty 2.9.1 Design -Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design -Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work by persons other than Design -Builder or anyone for whose acts Design -Builder may be liable. 2.9.2 Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this GC 2.9 or the Contract Documents. Design -Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. 2.10 Correction of Defective Work 2.10.1 Construction Warranty Period. Design -Builder agrees to correct any Work that is found not to be in conformance with the Contract Documents, including that part of the Work subject to GC2.9, within a period of one (1) year from the date of Final Completion of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents. 2.10.2 Correction of Non -Conforming Work. Design -Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal, or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design -Builder fails to commence the necessary steps within such seven (7) day period, Owner may, in addition to any other remedies provided under the Contract Documents provide Design -Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design -Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods identified herein shall be deemed inapplicable. 2.10.3 The one (1) year period referenced in GC 2.1 0.1 applies only to Design -Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design -Builder's other obligations under the Contract Documents. GC 3.0 Owner's Services and Responsibilities 3.1 Duty to Cooperate 3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design -Builder and perform its responsibilities, obligations, and services in a timely manner to facilitate Design -Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design -Builder's performance of its obligations under the Contract Documents. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-40 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 3.1.2 Owner shall provide reviews and approvals of interim design submissions and Construction Documents consistent with the tum -around times set forth in the Schedule. Owner's review does not constitute acceptance of design errors or omissions, nor transfer design liability to Owner for the same. 3.2 Furnishing of Services and Information 3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design -Builder's information and use the following, all of which Design - Builder is entitled to rely upon in performing the Work: 1. Surveys describing the property boundaries, topography, and reference points for use during construction, including existing service and utility lines. 2. Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site. 3. Temporary and permanent easements, zoning, and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project, access to the Site, and any off-site storage or lay -down areas, and to enable Design -Builder to perform the Work. 4. A legal description of the Site. 5. To the extent available, as -built and record drawings of any existing structures and utilities at the Site; and 6. To the extent available, environmental studies, reports, and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 3.3 Financial Information 3.3.1 Design -Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. 3.3.2 Notwithstanding the preceding sentence, after execution of the Agreement Design -Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design -Builder to assume obligations or responsibilities greater than those existing obligations Design -Builder has under the Contract Documents. 3.3.3 Design -Builder shall not be required as a condition of award or contract to waive or subordinate its mechanic's lien rights, if any, to Owner's construction lender(s). 3.4 Owner's Representative 3.4.1 Owner's Representative shall be responsible for providing Owner -supplied information and approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions, or defects in the performance of the Work. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-41 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 3.4.2 If Owner retains a third party as Owner's Engineer or Owner's Program Manager, separately from Owner's Representative, then Owner shall designate such third parry in writing to Design -Builder, together with a statement of the respective roles, responsibility, and authority of each such party with respect to the administration of the contract, the approval of drawings and specifications, the issuance of instructions and change orders, the resolution of disputes, and the relative priority of the authority of such parties. 3.5 Government Approvals and Permits 3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges, and inspection fees set forth in the Owner's Permit List attached as part of Attachment F, 3.5.2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits, approvals, and licenses that are Design -Builder's responsibility. 3.6 Owner's Separate Contractors 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under separate agreements with Owner. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design -Builder in order to enable Design -Builder to timely complete the Work consistent with the Contract Documents. 3.6.2 Owner recognizes the importance that all work performed on the Project or at the Site by separate contractors under separate agreements with Owner is performed in a safe manner so as to prevent damage, injury, or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. Owner shall require such separate contractors to assume responsibility for implementing and monitoring all safety precautions and programs related to the performance of their work. GC 4.0 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design - Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi -government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take to either remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design -Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-42 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE government and quasi -government entities having jurisdiction over the Project or Site. 4.1.4 Design -Builder will be entitled, in accordance with these General Conditions, to an equitable adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall defend, indemnity, and hold harmless Design - Builder, Design Consultants, Subcontractors and Subcontractors, and the agents, officers, directors, and employees of each of them, from and against any and all claims, damages, losses, costs, and expenses, whether direct, indirect or consequential, including but not limited to attorney's fees, costs, and expenses incurred in connection with litigation or arbitration, arising out of or relating to the performance of the Work in any area affected by Hazardous Material. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract, or strict liability of the indemnitee. 4.1.6 Notwithstanding the preceding provisions of this GC 4. 1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design -Builder, Design Consultants, Subcontractors, or anyone for whose acts they may be liable. Design -Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees, and agents from and against all claims, losses, damages, liabilities, and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by the parties identified in the first sentence of this GC 4.1.6. 4.1.7 The terms of this GC 4.1 shall survive the completion of the Work under this Agreement and/or any termination of this Agreement. 4.2 Differing Site Conditions 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, or (iii) differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work, are collectively referred to herein as "Differing Site Conditions." If Design - Builder encounters a Differing Site Condition, Design -Builder will be entitled to an equitable adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notices shall not be later than seven (7) days after such condition has been encountered. Design -Builder shall, to the extent reasonably possible, provide suchnotice before the Differing Site Condition has been substantially disturbed or altered. 5.0 Payment 5.1 Payment for Phase 1 Services 5.1.1 Design -Builder will submit an Application for Payment to Owner each month covering Phase 1 services performed to date. Each Application for Payment will be prepared in the standard form agreed to by the parties and supported by required documentation. 5.2 Schedule of Values for Phase 2 Services WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-43 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 5.2.1 Within ten (10) days of the Commencement Date, Design -Builder shall submit for Owner's review and approval a schedule of values for Phase 2 of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts; (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the Work. 5.3 Monthly Progress Payments 5.3.1 On or before the date established in the Agreement, Design -Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by GC 2.1.4. 5.3.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 5.3.3 The Application for Payment shall constitute Design -Builder's representation that the Work has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Proj ect, or upon Design -Builder's receipt of payment, whichever occurs earlier. 5.4 Withholding of Payments; Payment of Undisputed Amounts 5.4.1 On or before the date established in the Agreement, Owner shall pay Design -Builder all amounts properly due, including the release of retention under Section 7.3.1 of the Agreement. If Owner determines that Design -Builder is not entitled to all or part of an Application for Payment, it will notify Design -Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design -Builder must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -Builder may pursue its rights under the Contract Documents, including those under GC 8.0. 5.4.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design - Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 5.5 Right to Stop Work and Interest 5.5.1 If Owner fails to pay Design -Builder any amount that becomes due, Design -Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to GC 9.4. All payments due and unpaid shall bear interest at the rate set forth in Section 7.5 of the Agreement. 5.6 Design -Builder's Payment Obligations 5.6.1 Design -Builder will pay any Subcontractors and Design Consultants, in accordance with applicable WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-44 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE law and its contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account of their work. Design -Builder will impose similar requirements on Subcontractors and Design Consultants to pay those parties with whom they have contracted. 5.6.2 Providing that Owner is not in breach of its contractual obligation to make payments to Design - Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within ten (10) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design -Builder fails to do so, Owner will have the right to discharge the claim or lien and charge Design -Builder with any costs and expenses incurred, including attorneys' fees. 5.7 Substantial Completion 5.7.1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. If such Work is substantially complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design -Builder's responsibility for the Project's security, maintenance, utilities, and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 5.7.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 5.7.3 Owner, at its option, may use a portion to the Work which has been determined to be substantially complete, provided that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in GC 5.7.1, (ii) Design -Builder and Owner have obtained the consent of their sureties and insurers, and (iii) Owner and Design -Builder, agree that Owner's use or occupancy will not interfere with Design -Builder's completion of the remaining Work. 5.7.4 Upon Substantial Completion, Design -Builder shall conduct performance testing of the Facility using Owner's operations and maintenance staff to demonstrate that the Performance Criteria set forth in Attachment H, Phase I Design Development, have been satisfied and that the Performance Guarantees have been met. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-45 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 5.8 Final Payment 5.8.1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final payment by the time required in the Agreement, provided that Design -Builder has completed all of the Work in conformance with the Contract Documents. 5.8.2 At the time of submission of its Final Application for Payment, Design -Builder shall provide the following information: 1. An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; 2. A general release executed by Design -Builder waiving, upon receipt of final payment by Design -Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 3. Consent of Design -Builder's surety, if any, to final payment; 4. A certificate demonstrating that performance testing is complete and that the Performance Guarantees set forth in Attachment F, Owner's Project Criteria, have been met; 5. All operating manuals, warranties, and other deliverables required by the Contract Documents; and 6. Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 5.8.3 Upon making final payment, Owner waives all claims against Design -Builder except claims relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design -Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion, (iii) the terms of any special warranties required by the Contract Documents, and (iv) claims which are identified as unsettled at the time of making final payment. 5.8.4 Final payment by Owner shall constitute Final Acceptance of the PrQj ect for all purposes hereunder, subject to Design -Builder's remaining warranty obligations and any remaining indemnity obligations hereunder. 5.8.5 Acceptance of final payment by the Design -Builder, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. GC 6.0 Time 6.1 Obligation to Achieve the Contract Times 6.1.1 Design -Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5.0 of the Agreement. 6.2 Delays to the Work 6.2.1 If Design -Builder is delayed in the performance of the Work due to Uncontrollable Circumstances, the Contract Time(s) for performance shall be reasonably extended by Change Order, and the Schedule adjusted accordingly. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-46 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 6.2.2 In addition to Design -Builder's right to a time extension for delays in the Work under GC 6.2.1, Design -Builder shall also be entitled to an equitable adjustment of the Contract Price and equitable commutation of any Liquidated Damages under Section 5.4 of the Agreement. 6.3 Work Hours 6.3.1 Work shall be conducted during normal working hours (7:00 AM to 5:00 PM) on weekdays. No work shall be performed on Saturdays, Sundays, or City observed holidays unless otherwise authorized in writing by the Owner's Project Manager a minimum of forty-eight (48) hours in advance. Design -Builder may work beyond 5:00 PM on occasion based on the actual daily progress of the work and per the approved project schedule. Design -Builder shall comply with all requirements and noise ordinances of the City and other jurisdictions where work is taking place. 6.3.2 Construction observation and/or inspection services performed by the Owner beyond the normal weekday working hours of 7:00 AM to 5:00 PM, if needed, shall be paid for by the Design -Builder at an hourly rate of $100.00 for each of the Owner's inspectors providing such service. This hourly rate shall apply to overtime required by the Owner on weekdays, weekends, and City observed holidays. 7.0 Changes to the Contract Price and Time 7.1 Change Orders 7.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design -Builder, stating their agreement upon all of the following: 1. The scope of the change in the Work; 2. The amount of the adjustment to the Contract Price; and 3. The extent of the adjustment to the Contract Time(s) and Schedule. 7.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 7.1.3 If Owner requests a proposal for a change in the Work from Design -Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design -Builder for reasonable costs incurred for estimating services, design services, and services involved in the preparation of proposed revisions to the Contract Documents. 7.2 Work Change Directives 7.2.1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 7.2.2 Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 7.2.3 If Owner has requested a proposal for a change in the Work from Design -Builder, Owner shall notify Design -Builder as expeditiously as possible whether such proposal is accepted. Design - Builder shall not commence changed work until a written Work Change Directive or Change Order WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-47 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE has been delivered by Owner. The parties recognize that delay in response to such proposals may increase the impact or cost of the Change. 7.3 Minor Changes in the Work 7.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance, and workmanship required by the Contract Documents. Design -Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design -Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design -Builder. 7.4 Contract Price Adjustments 7.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 1. Unit prices set forth in the Agreement or as subsequently agreed between the parties (which may include daily or monthly overhead rates for the extension of services); 2. A mutually accepted lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 3. Costs, fees, and any other markups set forth in the Agreement; and 4. If an increase or decrease cannot be agreed to as set forth in items I through 3 above and 7.4.2 Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. If the net result of both additions and deletions to the Work is an increase or a decrease in the Contract Price, overhead and profit shall be calculated on the basis of the net increase or decrease to the Contract Price. Design -Builder shall maintain a documented, itemized accounting evidencing the expenses and savings associated with such changes. 7.4.3 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design -Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 7.4.4 If Owner and Design -Builder disagree upon whether Design -Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement pursuant to GC 8.0. As part of the negotiation process, Design -Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the services in accordance with Owner's interpretations, Design -Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing Design - Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs Design -Builder shall be entitled to submit in its Applications for Payment an amount WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-48 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design -Builder does not prejudice Design -Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 7.5 Emergencies 7.5.1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act, at its discretion, to prevent threatened damage, injury, or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this GC 7.0. GC 8.0 Contract Adjustments and Disputes 8.1 Requests for Contract Adjustments and Relief 8.1.1 If either Design -Builder or Owner believes that it is entitled to relief against the other for any Changed Condition arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. 8.1.2 A Changed Condition may include a Change in Law following the date of Design -Builder's proposal to Owner, which has a material impact on the cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design -Builder's performance hereunder. 8.1.3 Changed Conditions may include Uncontrollable Circumstances having an impact on Design - Builder's cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design - Builder's performance hereunder. 8.1.4 Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (2 1) days, after the occurrence -giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition -giving rise to the request, whichever is later. 8.1.5 Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief and, if then available, the specific contractual adjustment or relief requested and the basis of such request. 8.2 Dispute Avoidance and Resolution 8.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design -Builder and Owner each agree to resolve such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays, and disruptions to the Work. 8.2.2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the Project level through discussions between Design -Builder's Representative and Owner's Representative. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-49 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 8.2.3 If a dispute or disagreement cannot be resolved through Design -Builder's Representative and Owner's Representative, upon the request of either parry, then the matter shall be referred to the Senior Representatives of each parry for resolution. Design -Builder's Senior Representative and Owner's Senior Representative shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 8.2.4 If, after meeting, the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, then the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Any claims, disputes, or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in GC 8.2, shall be decided by court of competent jurisdiction. 8.2.5 In any final, binding dispute proceeding upon which the parties may agree, each party shall be responsible for its own legal costs, including attorneys' fees. 8.2 Duty to Continue Performance 8.3.1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design -Builder, pending the final resolution of any dispute or disagreement between Design -Builder and Owner GC 9.0 Suspension and Termination 9.1 Owner's Right to Stop Work 9.1.1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 9.1.2 Design -Builder is entitled to an equitable adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of work by Owner. 9.2 Termination for Convenience 9.2.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder for the following: I . All Work executed and for proven loss, cost, or expense in connection with such Work; 2. The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-50 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE The fair and reasonable sums for overhead and profit on the sum of items 1 and 2 above. 9.2.2 If Owner terminates this Agreement pursuant to GC 9.2.1 and proceeds to design and construct the Proj ect through its employees, agents, or third parties, Owner's rights to use the Work product shall be as set forth in Section 4.3 ("Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate"). 9.3 Owner's Right to Perform and Terminate for Cause 9.3.1 If Design -Builder persistently falls to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by Law, shall have the rights set forth in GC 9.3.2, 9.3.3, and 9.3.4. 9.3.2 Upon the occurrence of an event set forth in GC 9.3 1, Owner may provide written notice to Design - Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design -Builder's receipt of such notice. If Design -Builder fails to cure, orreasonably commence to cure, such problem, then Owner may give a second written notice to Design -Builder of its intent to terminate within an additional seven (7) day period. If Design - Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design -Builder of such declaration. 9.3.3 Upon declaring the Agreement terminated pursuant to GC 9.3.2, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances, and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design -Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment, and other items. 9.3.4 In the event of such termination, Design -Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design -Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design -Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design -Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work but also losses, damages, costs, and expense, including attorneys' fees and expenses, incurred by Owner in connection with the re -procurement and defense of claims arising from Design -Builder's default, subject to the waiver of consequential damages set forth in Section 10.2 of the Agreement. 9.3.5 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of GC 9.2. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-51 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 9.4 Design -Builder's Right to Stop Work 9.4.1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop work for the following reason: Owner's failure to pay amounts properly due under Design -Builder's Application for Payment. 9.4.2 Should an event set forth in GC 9.4.1 occur, Design -Builder may provide Owner with written notice that Design -Builder will stop work unless such event is cured within seven (7) days from Owner's receipt of Design -Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design -Builder may stop work. In such case, Design -Builder may make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 9.5 Design -Builder's Right to Terminate for Cause 9.5.1 Design -Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: 1. The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the project, because of a court order, any government authority having jurisdiction over the Work, or orders by Owner under GC 9.1.1, provided that such stoppages are not due to the acts or omissions of Design -Builder or anyone for whose acts Design -Builder may be responsible; or 2. Owner's failure to provide Design -Builder with any information, permits, or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the project, even though Owner has not ordered Design -Builder in writing to stop and suspend the Work pursuant to GC 9.1.1; or 3. Owner's failure to cure the problems set forth in GC 9.4.1 after Design -Builder has stopped the Work. 9.5.2 Upon the occurrence of an event set forth in GC 9.5.1, Design -Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem. Then Design -Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design -Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design -Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under GC 9.2. 9.6 Bankruptcy of Owner or Design -Builder 9.6.1 If either Owner or Design -Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such parry being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Parry's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-52 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non - Bankrupt Parry, adequate assurance of the ability of the Bankrupt Parry to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and 2. The Bankrupt Parry shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non -Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated, and pursue any other recourse available to the non -Bankrupt Party under this GC 9.0. 9.6.2 The rights and remedies under GC 9.6.1 shall not be deemed to limit the ability of the non -Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable provision of these General Conditions. GC 10.0 Miscellaneous 10.1 Assignment 10.1.1 Neither Design -Builder nor Owner shall without the written consent of the other, assign, and transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 10.2 Successorship 10.2.1 Design -Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors, and assigns. 10.3 Governing Law 10.3.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Proj ect, without giving effect to its conflict of law principles. 10.4 Severability 10.4.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 10.5 No Waiver 10.5.1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-53 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 10.6 Headings 10.6.1 The headings used in these General Conditions or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 10.7 Notice 10.7.1 Whenever the Contract Documents require that notice be provided to the other parry, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, (iii) if transmitted by facsimile, by the time stated in a machine - generated confirmation that notice was received at the number of the intended recipient, or (iv) if transmitted by e-mail to the individual to whom such notice is required to be given, by the time stated in a machine -generated confirmation that notice was received at the e-mail address of the intended recipient. 10.8 Amendments 10.8.1 The Contract Documents may not be changed, altered, or amended in anyway except in writing signed by a duly authorized representative of both parties. 10.9 Third Parties 10.9.1 The services to be performed by Design -Builder are intended solely for the benefit of the Owner. No person or entity not a signatory to this Agreement shall be entitled to rely on the Design - Builder's performance of its services hereunder, and no right to assert a claim against the Design - Builder by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Design -Builder's services hereunder. GC 11.0 Electronic Data 11.1 Electronic Data 11.1.1 The parties recognize that Contract Documents, including drawings, specifications, and three- dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 11.2 Transmission of Electronic Data 11.2.1 Owner and Design -Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed- upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 11.2.2 Neither parry makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-54 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated, or interpreted. 11.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4.0 of the Agreement ("Ownership of Work Product"). Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 11.3 Electronic Data Protocol 11.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors, and Design Consultants to agree, to the following protocols, terms and conditions set forth in this GC 11.3. 11.3.2 Electronic Data will be transmitted in the format agreed upon in GC 11.2.1, including file conventions and document properties unless prior arrangements are made in advance inwriting. 11.3.3 The Electronic Data represents the information at a particular point in time and is subj ect to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data, or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 11.3.4 The transmitting party specifically disclaims all warranties, expressed or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data by electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-55 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT E INDEMNITY, INSURANCE & BONDING 1.0 Indemnity 1.1 To the fullest extent permitted by law, Design -Builder shall defend, indemnify, and hold Owner, its officers, and employees from liability, damages, losses, and costs including but not limited to reasonable attorney's fees to the extent caused by the negligence, recklessness or intentional wrongful conduct of Design -Builder or persons employed or utilized by Design -Builder in the performance of the Work. Design -Builder shall not be required to defend, indemnify or hold harmless Owner for any acts, omissions, or negligence of Owner, Owner's employees, agents, or separate contractors. 1.2 Owner shall cause any other contractor who may have a contract with Owner to perform work in the areas where Work will be performed under this Agreement, to agree to indemnify and defend Design -Builder, Subcontractors or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable and hold them harmless from all claims for bodily injury and property damage, other than property insured under Section 5.0, that may arise from that contractor's operations. Such provisions shall be in a form satisfactory to Design -Builder. 1.3 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, then Design -Builder's indemnity obligation set forth in Section 1.1 above shall not be limited by any limitation on the amount of damages, compensation, or benefits payable by or for Design -Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. 2.0 Design -Builder's Insurance See Attachment G — Special Conditions 18 2.1 Excess Liability Insurance above the required Commercial General, Commercial Automobile, and Employer's Liability insurance to result in overall liability coverage in the amount of $4,000,000 annual aggregate limit. 2.2 For Contractor's Pollution Liability Errors and Omissions Insurance see Attachment G — Special Conditions 18 2.3 The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days prior written notice has been given to Owner. Certificates of insurance showing required coverage to be in force shall be filed with Owner prior to commencement of the Work. 2.4 Products and Completed Operations insurance shall be maintained for a minimum period of at least two-year(s) after either ninety (90) days following the date of Substantial Completion or final payment, whichever is earlier. 2.5 The insurance limits stated in this Attachment E may be satisfied through a combination of underlying and excess or umbrella coverage. 2.6 Subcontractors. Design -Builder shall require that all Subcontractors working on the Project secure and maintain the same insurance coverages required for Design -Builder for workers' compensation insurance, employer's liability insurance, commercial automotive liability insurance and commercial general liability insurance and other financial sureties required by applicable law WDBC Document No. W-1708-2013 Attachment E — Owner's Permit List — LS317 Major Upgrade Page E-56 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE in connection with their presence and the performance of their duties pursuant to this Agreement; provided that Owner may approve lower limits for specific subcontractors pursuant to a request submitted by Design -Builder to Owner prior to any work being performed by the subcontractor. Design -Builder shall require that all subcontractors performing engineering services and all subcontractors performing work with potential pollution liability risk secure and maintain Professional Liability or Pollution Liability insurance coverage, respectively, with such coverage limits commensurate with the scope of the subcontract work performed. Owner, Design -Builder, and all other parties required of Design -Builder shall be named as additional insured on subcontractor's required commercial general liability insurance policy. Alternatively, Design - Builder may obtain and maintain said policies and sureties on the subcontractor's behalf. 3.0 Professional Liability Insurance - See Attachment G - Special Conditions 19 4.0 Owner's Liability Insurance 4.1 Owner shall be responsible for obtaining and maintaining its own liability insurance. Insurance for claims arising out of the performance of this Agreement may be purchased and maintained at Owner's discretion. 4.2 If Owner hires separate contractors for with respect to the Project or for any portion of the Work, then Owner shall require that such separate contractors waive any insurers' rights of subrogation against the Design -Builder and its Subcontractors, Design Consultants, and their officers, directors, and employees. 5.0 Insurance to Protect Project - See Attachment G- Special Conditions 20 5.1 If Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by Owner and Design - Builder and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on account of partial occupancy. Consent of Design -Builder to such early occupancy or use shall not be unreasonably withheld. 5.2 Owner shall obtain and maintain boiler and machinery insurance as necessary. The interests of Owner, Design -Builder, Subcontractors, and Sub -subcontractors shall be protected under this coverage. 5.3 Upon Substantial Completion and during any period of startup, testing, commissioning, or initial operation of the Project, Owner shall obtain and maintain insurance with respect thereto consistent with that insurance which Owner obtains and maintains with respect to any damage or loss to its permanent plant during commercial operation. Design -Builder, Subcontractors, and Sub - subcontractors shall be named as additional insured on such insurance, and Owner hereby waives any rights of subrogation with respect thereto. 6.0 Property Insurance Loss Adjustment 6.1 Any insured loss shall be adjusted with Owner and Design -Builder and made payable to Owner and Design -Builder as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 6.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement, in accordance with a mediation agreement, or, if not resolved through mediation, then by an arbitration award pursuant to arbitration. If the trustees are unable WDBC Document No. W-1708-2013 Attachment E — Owner's Permit List — LS317 Major Upgrade Page E-57 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE to agree between themselves on the settlement of the loss, such dispute shall also be submitted for resolution by mediation or arbitration. 7.0 Waiver of Subrogation 7.1 Owner and Design -Builder waive all rights against each other, and any of their respective employees, agents, consultants, subcontractors, and sub -subcontractors for damages caused by risks covered by insurance provided in Section 5.0 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by Owner and Design - Builder as trustees. Design -Builder shall require similar waivers from all Subcontractors, and shall require each of them to include similar waivers in their sub -subcontracts and consulting agreements. 7.2 Owner waives subrogation against Design -Builder, Subcontractors, and Sub -subcontractors on all property and consequential loss policies carried by Owner on adjacent properties and under property and consequential loss policies purchased for the project after its completion. 7.3 If the policies of insurance referred to in this Section require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. 8.0 Bonding - See Attachment G - Special Conditions 21 WDBC Document No. W-1708-2013 Attachment E — Owner's Permit List — LS317 Major Upgrade Page E-58 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT F Scope of Work SECTION 1 1.1 Owners Design -Build Criteria 1.2 The proposal dated March 24, 2022 by the Design -Builder is hereby incorporated by reference for purposes of establishing project scope and minimum prescriptive and performance requirements contained therein for the Phase 1 Services. 2.0 Scope of Work 2.1 Phase 1 — Scope of work shall be, as a minimum, deliverables enumerated in para. 5(b)(1), Design Phase and includes associated pro] ect planning and management tasks inclusive of Phase 1 and 2 prescriptive and performance criteria 2.2 Phase 2 Scope of work shall be, as a minimum, deliverables enumerated in para. 5(b)(11), Design Phase and includes associated pro] ect planning and management tasks inclusive of Phase 1 and 2 prescriptive and performance criteria WDBC Document No. W-1708-2013 Attachment F — Owner's Permit List — LS317 Major Upgrade Page F-59 5/2/22 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT G SPECIAL CONDITIONS 1. The DESIGN/BUILD FIRM shall follow the City procurement policies for all construction items in excess of $100,000 and non -construction items in excess of $35,000.00. The DESIGN/BUILD FIRM may elect to use its own forces for portions of the Work to be performed. The DESIGN/BUILD FIRM may elect to self -perform up to 100% of the on-site construction. The CITY encourages the utilization of local businesses within the CITY of Boynton Beach city limits therefore DESIGN/BUILD FIRM shall make every effort to engage local contractors to enhance the local economy. As part of such preparation, the DESIGN/BUILD FIRM shall review the specifications and drawings. Ambiguities, conflicts or lack of clarity in language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the DESIGN/BUILD FIRM shall be brought to the attention of the Project Manager and Permitting agency(les) in written form and simultaneously corrected. Quality Control: The DESIGN/BUILD FIRM shall develop and maintain a program acceptable to the CITY, to assure quality control of the construction. The DESIGN/BUILD FIRM shall supervise the work of all subcontractors providing insurance to each when their work does not conform to the requirements of the plans and specifications and it shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the DESIGN/BUILD FIRM over acceptability of work and conformance with the requirements of the specifications and plans, the CITY shall be the final judge of performance and acceptability. Subcontracting Interfacing: The DESIGN/BUILD FIRM shall be the sole point of interface with all subcontractors for the CITY and all of its agents and representatives. It shall negotiate all change orders, field orders, and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the CITY of their validity and reasonableness, acting in the CITY's best interest prior to requesting approval of each change order from the CITY. Before any work is begun on any change order, a written authorization and approval from the CITY must be issued. However, when health and safety are threatened, the DESIGN/BUILD FIRM shall act immediately to remove the threat. It shall also carefully review all shop drawings and then issue the shop drawings to the affected subcontractor for fabrication or revision. The DESIGN/BUILD FIRM shall maintain a suspense control system to promote expeditious handling. It shall make interpretations of the drawings or specifications requested by the subcontractors and shall maintain said suspense control system to promote timely response. The Project Manager must be informed when the timely response is not occurring on any of the above. Permits: The DESIGN/BUILD FIRM shall secure all necessary permits, the cost of which will be considered a direct cost item. 8. Job Site Requirements: The DESIGN/BUILD FIRM shall provide for each of the following activities as a part of its Construction Phase fee: WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-60 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE a. Provide a safety program for the project to meet CITY and OSHA requirements. Monitor for subcontractor compliance without relieving them of the responsibilities to perform work in accordance with the best acceptable practice. b. Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. C. Maintain a roster of companies on the project with names and telephone numbers of key personnel. d. Establish and enforce job rules governing parking, clean-up, use of facilities, and worker discipline. e. Provide labor relations management for a harmonious, productive proj ect. f. Provide a quality control program as per Section 3.2 (F) herein. g. Miscellaneous office supplies that support the construction efforts which are consumed by its own forces. h. Travel to and from its home office to the project site as the project requires shall be reimbursed thru the GMP. The DESIGN/BUILD FIRM shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: a. Schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. b. The printing and distribution of all required bidding documents and shop drawings, including the sets required by the Permitting Agency(les) inspectors. 9. Job Site Job Site Administration: The DESIGN/BUILD FIRM shall provide as part of its job site fee, job site administration functions during construction to assure proper documentation, including but not limited to such things as follows: Job Meetings — Hold weekly progress meetings and coordination meetings to provide for an easy flowing project. Implement procedures and assure timely submittals, expedite processing approvals, and return of shop drawings, samples, etc. Coordinate and expedite critical ordering and delivery of materials, work sequences, inspection and testing, labor allocation, etc. Review and coordinate each subcontractor's work. Review and implement revisions to the Schedule. Monitor and promote safety requirements. In addition, regular project status meetings will be held between the CITY and the DESIGN/BUILD FIRM either biweekly or monthly, whichever is designated by the Project Manager. WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-61 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE The Job site meetings should be utilized as a tool for pre -planning of work, enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all to clearly understand. Identify parry or parties responsible to follow up on any problems, delay items, or questions and record course of action/solution. Revisit each pending item at each subsequent meeting until resolution is achieved. Require all present to make any problems or delaying events known to those present for appropriate attention and resolution. Shop Drawing Submittals/Approvals: Provide staff to check shop drawings and closely monitor their submittal and approval process. Material and Equipment Expediting: Provide staff to closely monitor material and equipment deliveries; critically important checking and follow-up procedures on supplier commitments of all subcontractors. Payments to Subcontractors: Develop and implement a procedure for review, processing, and payment of applications by subcontractors for progress and final payments. All financial documents and records shall be maintained pursuant to reasonable accounting practices designed to afford the CITY the ability to have the documents audited with the minimum of cost and disruption. Document Interpretation: Refer all questions for interpretation of the technical documents to the CITY for direction. Reports and Project Site Documents: Record the progress of the project. Submit written progress reports to the CITY including information on the subcontractor's work, and the percentage of completion. Keep a daily log available to the CITY and the Permitting Agency(les) inspectors for reviewing and copying. Subcontractor's Progress: Prepare periodic punch lists for subcontractor's work including unsatisfactory or incomplete items and schedules for their completion. Substantial Completion: Substantial completion shall be established by way of the following steps: a. DESIGN/BUILD FIRM shall notify the CITY that the project is ready for Substantial Completion inspections. b. The CITY shall conduct such inspections. c. Inspections shall be completed by the CITY's Representative. d. The CITY shall consolidate apunch list (CITY's punch list) e. The DESIGN/BUILD FIRM shall issue a Certificate of Substantial Completion for acceptance by the CITY's with punch list attached. Start-up: With the CITY's personnel, direct the checkout of utilities, operations, training, systems, and equipment for readiness and assist in their initial start-up and testing by the trade contractors. Final Completion: Monitor the Subcontractor's performance on the completion of the project and provide notice to the CITY that the Work is ready for Final Inspection. Secure and transmit to the CITY all required guarantees, affidavits, warranties, releases, bonds and waivers, manuals, record drawings, and maintenance manuals including the Final Completion Form. WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-62 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Record Drawings: The DESIGN/BUILD FIRM shall monitor the progress of their own forces or their subcontractors on marked up field prints and at pro] ect completion will prepare the final record drawings. 10. Administrative Records: The DESIGN/BUILD FIRM will maintain on the Job Site all pro]ect files and records. The pro]ect records shall be available at all times to the CITY for reference, review, or copying. 11. CITY Occupancy: The DESIGN/BUILD FIRM shall provide services during the design and construction phases and will provide a coordinated CITY occupancy of the pro]ect. It shall provide consultation and pro]ect management to facilitate CITY occupancy and provide transitional services to get the work, as completed by the subcontractors; "online" in such conditions as will satisfy CITY operational requirements. a. It shall conduct the preliminary punch list inspection and coordinate the completion of the punch list work to be done with the CITY occupancy in mind. b. It shall catalog operational and maintenance requirements of equipment to be operated by maintenance personnel and convey these to the CITY in such a manner as to promote their usability. It shall provide operational training in equipment use for building operators. c. It shall secure required guarantees and warranties, assemble and deliver same to the CITY in a manner that will facilitate their maximum enforcement and assure their meaningful implementation. d. It shall continuously review "Record" Drawings" and mark up progress prints to provide as much accuracy as possible. The CITY may not occupy or take control of the Pro]ect until the above items discussed in this paragraph have been completed and the "Substantial Completion", and "Warranty" requirements specified in paragraphs 3.2.1. (8) "Substantial Completion", 3.2.1 (10) "Final Completion", and 3.2.1 (M) "Warranty" have been completed to the City's satisfaction excluding the requirements for a warranty inspection. Nothing in this provision shall preclude the CITY from taking partial occupancy if necessary. 12. WARRANTY: Where any work is performed by the DESIGN/BUILD FIRM's own personnel or by subcontractors under Contract with the Design/Build Firm, the DESIGN/BUILD FIRM shall warrant that all materials and equipment included in such work will be new except where indicated otherwise in the Contract documents and that such work will be new and of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. With respect to the same work, the DESIGN/BUILD FIRM further agrees to correct all work found by the CITY to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one (1) year from the Date of Final Completion or for such longer period of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The DESIGN/BUILD FIRM shall collect and deliver to the CITY any specific written warranties given by others as required by the Contract Documents. The DESIGN/BUILD FIRM shall warrant to the CITY that it possesses good, clear, and marketable title to all equipment and materials provided and that there are no pending liens, claims WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-63 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE or encumbrances against the equipment and materials. DESIGN/BUILD FIRM is required to submit form provided by the CITY, herein attached as part of "Appendix C" herein, named "Warranty of Title" to certify this claim. 13. Code Inspections: All projects require detailed code compliance inspections during construction in certain disciplines. These disciplines normally include, but are not necessarily limited to structural, mechanical, electrical, plumbing, and general building. All inspections shall be made for conformance with the applicable building codes, compliance with drawings and specifications. The DESIGN/BUILD FIRM is ultimately responsible for all code compliance. Cost for all re -inspections of work found defective and subsequently repaired shall be borne by the DESIGN/BUILD FIRM. 14. Subcontractors: Proposals: Subject to Section 3.9.2 "Cost of Work" and in accordance with Section 3.21) "Solicitation of Bids," the DESIGN/BUILD FIRM shall request and receive proposals from subcontractors and suppliers and will award those contracts to the responsive qualified low bidder after it has reviewed each proposal and is satisfied that the subcontractor is qualified to perform the work. Required Subcontractor's Qualifications and Subcontractors Conditions: a. Subcontractor Relations: The DESIGN/BUILD FIRM shall require each subcontractor to the extent of the work to be performed by the subcontractor to be bound to the DESIGN/BUILD FIRM by the terms of the Contract Documents, and to assume toward the DESIGN/BUILD FIRM all the obligations and responsibilities which the DESIGN/BUILD FIRM by these Documents, assumes toward the City. The DESIGN/BUILD FIRM shall not employ any subcontractor, whether initially or as a substitute against whom the CITY has reasonable objection. The DESIGN/BUILD FIRM shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section 3.5, and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. Each subcontractor shall similarly make copies of such Documents available to its subcontractors. b. Subcontract Requirements: The DESIGN/BUILD FIRM shall be responsible for pre -qualifying subcontractors. Pre -qualification shall include but not limited to evaluation of previous experience staffing resources, financial conditions, and overall ability to perform the work. Workforce: The DESIGN/BUILD FIRM shall evaluate subcontractor's percentage of the project construction work to be performed utilizing its own employees. Subcontractor Experience: The subcontractor must demonstrate related experience of similar size and complexity as determined by the DESIGN/BUILD FIRM. Supervision: The subcontractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placement, masonry, WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-64 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE mechanical, plumbing, electrical, and roofing) included in the subcontract. In addition, the subcontractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the subcontractor (including field superintendent, foreman, and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two (2) years within the last five years. The subcontractor shall include a resume of experience for each employee identified by him to supervise and schedule the work. c. All Subcontractors shallprovide: LIMITATION OF REMEDY — NO DAMAGES FOR DELAY OR DISRUPTION The subcontractor's exclusive remedy for delays or disruptions, except for active interference by the CITY in the performance of the contract caused by events beyond its control, including CITY delays claimed to be caused by the CITY or attributable to the CITY and including claims based on breach of contract or negligence, shall be an extension of its contract time. In the event of a change in the Work, the subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes. Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays or disruptions and changes in the Work, and thus eliminate any other remedies for claim for increase in the contract price, damages, losses, or additional compensation. Each subcontract shall require that any claims by subcontractor for delay or additional cost must be submitted to the DESIGN/BUILD FIRM within seven (7) calendar days in the format in which the DESIGN/BUILD FIRM must submit such claims to the CITY. Failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. Any such claim must include a time impact analysis as a justification for any equitable time or price adjustment, and a subcontractor's refusal to provide such a timely analysis shall be considered a failure of a condition precedent to advance the claim in any future litigation. The DESIGN/BUILD FIRM shall also: I. Observe work of each subcontractor to monitor compliance with schedule. 2. Verify that labor and equipment are adequate for the work and the schedule. 3. Verify that the product procurement schedules are adequate. 4. Verify that product deliveries are adequate to maintain schedule. 5. Report non-compliance with recommendation for changes to the CITY. Responsibilities for Acts and Omission: The DESIGN/BUILD FIRM shall be responsible to the CITY for the acts and omission of its employees and agents and its subcontractors, their agents, and employees, and other persons performing any of the work of supplying materials under a contract to the DESIGN/BUILD FIRM. Subcontracts to be Provided --Upon request, the DESIGN/BUILD FIRM shall include a copy of each signed subcontract, including the general supplementary conditions, in the project manual. WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-65 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 15. City's Responsibilities: CITY's Information: The CITY shall provide information that it possesses regarding the requirements for the project. Site Survey and Reports: The CITY shall provide any available surveys describing the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a legal description relating to this Project. The CITY does not warrant the completeness or the current accuracy of any reports and DESIGN/BUILD FIRM is entitled to rely on said reports in the performance of its work for this Project unless DESIGN/BUILD FIRM knows or reasonably should have known such surveys or reports are inaccurate. Approvals and Easements: The CITY shall pay for necessary approvals, easements, assessments, and charges required for the construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. Legal Services: The CITY shall furnish such legal services as may be necessary for obtaining any approvals or easements and such auditing services as the CITY deem necessary. Drawings and Specifications: The CITY will attempt to review and act upon the DESIGN/BUILD FIRM's drawings and Specifications in ten (10) calendar days to avoid delaying the progress of the Project. 16. Tests & Inspections: DESIGN/BUILD FIRM shall give CITY notice of readiness of the Work for all required inspections, tests, and approvals. DESIGN/BUILD FIRM shall assume full responsibility, pay all costs, and furnish CITY the required certificates of inspection, testing, and approval for all materials, equipment, or the Work or any part unless other specified. Neither CITY, nor other inspectors shall have authority to permit deviations from nor to relax any of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the materials and work with reasonable promptness. The payment of any compensation, the giving of any gratuity or the granting of any favor by the DESIGN/BUILD FIRM to any inspectors, directly or indirectly is strictly prohibited and punishable to the full extent of the law, and any such action on the part of the DESIGN/BUILD FIRM will constitute a termination of the resultant Contract. Miscellaneous - Apprentices: If the DESIGN/BUILD FIRM employs apprentices on the project; the behavior of the DESIGN/BUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The DESIGN/BUILD FIRM will include provisions similar to the foregoing sentence in each subcontract. 17. Establishment of Guaranteed Maximum Price: GMP Established After Execution of this Contract GMP Proposal: Upon completion of Phase I (Preliminary Design Documents), DESIGN/BUILD FIRM shall submit a GMP Proposal to the CITY which shall include the following unless mutually agreed to otherwise by the parties: WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-66 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE A proposed GMP, which shall be the sum of: Lump Sum Amount for Phase I of the Project (Preliminary Design Documents) Cost of Work for Phase II of the Project Construction Allowance for Phase II DESIGN/BUILD FIRM's Lump Sum General Conditions Amount for Phase II DESIGN/BUILD FIRM's Lump Sum Insurance for Phase II DESIGN/BUILD FIRM's Bonds for Phase II DESIGN/BUILD FIRM's Fee for Phase II A list of the drawings and specifications, including all addenda used as the basis for the GMP Proposal; A list of all the assumptions and clarifications made by the DESIGN/BUILD FIRM in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; The Guaranteed Completion Date — Substantial and Final Completion - (GCD) upon which the proposed GMP is based, to the extent said date has not already been established and a schedule upon which the GCD is based; A list of allowances and statement of their basis; A statement of additional services; and The time limit for acceptance for the GMP Proposal. All Lump Sum amounts set forth above shall be paid in accordance with a schedule of values on a percent completed basis and shall NOT be subject to audit rights. 18. Insurance: During the performance of the services under this Contract, DESIGN/BUILD FIRM shall maintain the following insurance policies, and provide Certificates of Insurance written by an insurance company authorized to do business in the state of Florida in accordance with Section 3.13.2.1 of the Special Conditions to include: a. Worker's Compensation Insurance: The DESIGN/BUILD FIRM shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - Contractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. b. Comprehensive General Liability: The DESIGN/BUILD FIRM shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. DESIGN/BUILD FIRM shall maintain a minimum coverage of $1,000,000 per occurrence and WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-67 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE $2,000,000 general aggregate for personal injury and for property damage. The general liability insurance shall include the CITY as an additional insured and shall include aprovision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. c. Business Automobile Liability: The DESIGN/BUILD FIRM shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The DESIGN/BUILD FIRM shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the DESIGNBUILD FIRM from claims of damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile including rented automobiles, whether such operations be by the DESIGN/BUILD FIRM or by anyone directly or indirectly employed by the DESIGN/BUILD FIRM. d. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. e. Umbrella Liability: The DESIGN/BUILD FIRM shall procure and maintain, for the life of this contract, Umbrella Liability Insurance, over and above the previously noted liability insurance policies. The DESIGN/BUILD FIRM shall maintain a minimum amount at $4,000,000 It shall be the responsibility of the DESIGN/BUILD FIRM to ensure that all sub -contractors comply with the same insurance requirements referenced above. In the judgment of the CITY, prevailing conditions may warrant additional liability insurance coverage or coverage which is different in kind from the original insurance submitted by the DESIGN/BUILD FIRM. The CITY reserves the right to require the provision by the DESIGN/BUILD FIRM of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the DESIGN/BUILD FIRM fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the DESIGN/BUILD FIRM, said termination taking effect on the date that the required change in policy coverage would otherwise be effective. DESIGN/BUILD FIRM shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only. The CONTRACTOR agrees to purchase the extended reporting period on cancellation or termination unless a new policy is affected with a retroactive date, including at least the last policy year. Any exceptions to the insurance requirements in this section must be approved in writing by the CITY's Risk Management. Contractors Pollution Liability: Contractor's Pollution Liability: The DESIGN/BUILD FIRM shall maintain during the term of this Contract, Contractor's Pollution Liability in the amount of $1,000,000 Per Loss/$2,000,000 Annual Aggregate. Coverage will be required for any Environmental/Pollution related services including but not limited to testing, design, consulting, analysis, or other consulting work, whether self -performed or subcontracted. Additionally, such coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-68 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs, charges, and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from the operations of the DESIGN/BUILD FIRM including transportation. CITY shall be named as additional insured. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three (3) year reporting option beyond the Annual expiration date of the policy. Note: Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated above. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included. 19. Professional Liability (Errors and Omissions): The DESIGN/BUILD FIRM shall maintain during the term of this Contract, Professional Liability Insurance in the minimum amount of $1,000,000 per occurrence. Coverage will be broad to include Errors and Omissions specific to DESIGN/BUILD FIRM's Professional Liability for direct and contingent design errors and Architect's/Engineer's Professional Liability with no exclusions for Design -Build work. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date ofthis Contract and with a three (3) year reporting option beyond the Annual expiration date of the policy. 20. Builder's Risk: During the course of the Contract, the DESIGN/BUILD FIRM shall be responsible to maintain Builder's Risk Insurance coverage with the limit being equal to 100% of the Guaranteed Maximum Price (GMP) value (Replacement Value) of Phase 2 the Project; including contractor's labor, materials, and equipment used for completion of the Work. The Builder's Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES. The deductible for flood, wind, and hail cannot exceed 5% of the insured value. No deductible greater than $50,000 shall be permitted for all other perils. The DESIGN/BUILD FIRM is responsible for payment of deductibles for all losses except for those losses as a direct result ofForce Majeure. The CITY and the DESIGN/BUILD FIRM shall be the certificate holder and Additional Named Insured. The DESIGN/BUILD FIRM entity (i.e. Joint Venture, Partnership, etc.) must be a named insured on all required insurance coverages. The CITY shall be named as additional insured under the Commercial General Liability Policy, the Umbrella Policy, and the Contractor's Pollution Coverage. Depending upon the nature of any aspect of this Project and its accompanying exposures and liabilities, the CITY may, at its sole option, require additional insurance coverages in amounts responsive to those liabilities which may or may not require that the CITY also be named as additional insured. Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Such insurance shall be endorsed to provide for a waiver of underwriter's rights and subrogation in favor of the CITY of Boynton Beach. Such insurance shall be written by an insurer with an A.M. Best Rating of A- VII X or better. Prior to commencing any work on the Project, Certificates of Insurance approved by the CITY's Risk Management Department evidencing the maintenance of said insurance shall be furnished to the CITY. The insurance policies shall be endorsed to provide that no material alteration or cancellation, WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-69 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE including expiration and non- renewal shall be effective until thirty (30) days after receipt of written notice to the CITY. Anything to the contrary, notwithstanding liabilities of the DESIGN/BUILD FIRM under this Contract shall survive and not be terminated, reduced, or otherwise limited by any expiration or termination of insurance coverages. Neither approval nor failure to disapprove insurance furnished by the DESIGN/BUILD FIRM shall relieve the DESIGN/BUILD FIRM from responsibility to provide insurance as required by the Contract. 21. Bonds: In accordance with the provisions of Florida Statutes §255.05, the DESIGN/BUILD FIRM shall provide to the CITY, on forms furnished by the CITY, a 100% Performance and a 100% Payment Bond, each in the amount less than the Guaranteed Maximum Price, being less the Design and Engineering Fees. No qualifications, modifications, or riders to the bond forms are permitted. The Payment and Performance Bonds must be duly recorded in Palm Beach County Public Records as a condition precedent to the CITY's issuance of allotice to Proceed. The performance bond shall be conditioned that the DESIGN/BUILD FIRM performs the Contract in the time and manner prescribed in the Agreement. The payment bond shall be conditioned that the DESIGN/BUILD FIRM makes payments to all persons who supply the DESIGN/BUILD FIRM with labor, materials, and supplies used directly and indirectly by the DESIGN/BUILD FIRM in the performance of the Work provided for in resultant Contract, and any change orders shall provide that the surety shall pay the amount not exceeding the sum provided in the bonds, together with interest at the maximum rate allowed by law and that the DESIGN/BUILD FIRM and surety shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the performance of this Contract which the CITY may be required to make by law. To be acceptable to the CITY as Surety for Performance Bonds and Payment bonds, a Surety company shall comply with the following provisions outlined in the General Conditions herein. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: a. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization, or approval by the State of Florida, Department of Insurance to conduct business in the state has beenmet. b. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co -surety, the value of any security deposited, pledged, or held subject to the consent of the surety and for the protection of the surety shall be deducted. The performance and payment bonds shall continue in effect for one (1) year after the final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of those bonds reduced after final payment to an amount equal to twenty-five percent (25%) of the agreed GMP, less design and engineering fees, or an additional bond shall be conditioned that DESIGN/BUILD FIRM shall correct any deficiencies or faulty Work or material which appears within one (1) year after Final Completion of the Agreement, upon notification of the CITY. WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-70 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 22. Harmony: DESIGN/BUILD FIRM is advised and agrees that it will exert every reasonable and diligent effort to assure that all labor employed by DESIGN/BUILD FIRM and its Subcontractors for work on the PrQj ect shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the Site of the Project. DESIGN/BUILD FIRM further agrees that this provision will be included in all subcontracts of the subcontractors as well as the DESIGN/BUIL,D FIRM's own contract; provided, however, that this provision shall not be interpreted or enforced so as to deny a bridge on account of membership or non -membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. 23. Apprentices: If the DESIGN/BUILD FIRM employs apprentices on the project; the behavior of the DESIGN/BUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The DESIGN/BUILD FIRM will include provisions similar to the foregoing sentence in each subcontract. 24. Confidentiality and Public Records Law: Any information disclosed by one parry ("Disclosing Party") to the other parry ("Recipient") in connection with this Contract that is marked confidential or that due to its character and nature, a reasonable person under like circumstances would treat as confidential (the "Confidential Information") will be protected and held in confidence by the Recipient. Confidential Information will be used only for the purposes of this Contract and related internal administrative purposes. Disclosure of the Confidential Information will be restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in connection with the Work, who are bound by confidentiality obligations no less stringent than these prior to any disclosure. Each parry may disclose Confidential Information relating to the Work to providers of goods and services such disclosure is necessary and reasonably anticipated. Confidential Information does not include information which: (i) is already known to Recipient at the time of disclosure; (ii) is or become publicly known through no wrongful act or failure of the Recipient; (iii) is independently developed by Recipient without benefit of Disclosing Party's Confidential Information; or (iv) is received from a third parry which is not under and does not thereby breach an obligation of confidentiality. Each party agrees to protect the other's Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. A Recipient may disclose Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other parry. Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate five (5) years after the expiration or termination of the Contract under which the Confidential Information was disclosed, unless the law requires a longer period. The parties acknowledge that the CITY is a municipal corporation that is subject to Florida Statutes § 119, and related statutes known as the "Public Records Laws." If a request is made to view such Confidential Information, CITY will notify DESIGN/BUILD FIRM of such request and the date that such records will be released to the requester unless DESIGN/BUILD FIRM obtains a court order enjoining such disclosure. If the DESIGN/BUILD FIRM fails to obtain that court order enjoining disclosure, CITY will release the requested information on the date specified. Such release shall be deemed to be made with the DESIGN/BUILD FIRM's consent and will not be deemed to be aviolation of law, including but not limited to laws concerning trade secrets, copyright, or other intellectual property. In the event, the DESIGN/BUILD FIRM breaches this Contract, then the DESIGN/BUILD WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-71 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE FIRM hereby grants CITY a limited license to use the Confidential Information in any reasonable way in order to mitigate CITY's damages. 25. Severability: Should any provision of this Contract be deemed or determined to be unenforceable by a court of competent jurisdiction, the remaining contract provisions shall remain in full force and effect. Verification of Employment Status: The CITY shall not intentionally award contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions of the Immigration and Naturalization Act ("INA"). The CITY shall consider the employment by the DESIGN/BUILD FIRM of authorized immigrants, a violation of Section 274A(e) of the INA. The DESIGN/BUILD FIRM agrees that such violation shall be grounds for the unilateral cancellation of the Contract by the CITY. 26. Payment of Overtime: Unless already included in Phase 2 Construction Costs, any Overtime required for the DESIGN/BUILD FIRM to complete the Work within the Contract Time shall be at the sole cost and expense of the DESIGN/BUILD FIRM. If CITY requires the DESIGN/BUILD FIRM to perform Overtime Work in order to complete the Work prior to the Guaranteed Completion Date, the DESIGN/BUILD FIRM shall invoice the CITY for the Overtime such that only the actual costs incurred by the DESIGN/BUILD FIRM relating to the payment of Overtime premiums, in accordance with the labor policies and applicable laws. Such actual costs include Overtime wage premium, and additional taxes and insurance directly associated with the Overtime wage premium. The DESIGN/BUILD FIRM agrees that it will not charge for personnel paid a salary, or other form of compensation such that the DESIGN/BUILD FIRM incurs no direct costs as a result of the Overtime. The DESIGN/BUILD FIRM shall total the direct Overtime charges, and add the agreed upon overhead rate, but in no case shall such overhead rate exceed ten percent (10%) of the total Overtime costs. Overtime may only be charged to CITY if the DESIGN/BUILD FIRM was directed in writing by the CITY to incur the Overtime. Such authorization for Overtime shall be accompanied by a Change Order 27. Scheduling of Overtime: The CITY and the DESIGN/BUILD FIRM shall establish and agree upon an overall project baseline schedule that includes all scheduled work. Normal working hours shall be 7:00 AM to 5:00 PM on weekdays. No work shall be performed on Saturdays, Sundays, or City observed holidays unless otherwise authorized in writing by the Owner's Project Manager a minimum of forty- eight (48) hours in advance. Design -Builder may work beyond 5:00 PM on occasion based on the actual daily progress of the work and per the approved project schedule. Construction observation and/or inspection services performed by the Owner beyond the normal weekday working hours of 7:00 AM to 5:00 PM, if needed, shall be paid for by the Design -Builder at an hourly rate of $100.00 for each of the Owner's inspectors providing such service. This hourly rate shall apply to overtime required by the Owner on weekdays, weekends, and City observed holidays. 28. Force Majeure: No party shall be liable for any default or delay in the performance of its obligations under this Contract due to an act of God or other event to the extent that: (a) the non-performing party is without fault in causing such default or delay; (b) such default or delay could not have been prevented by reasonable precautions; and (c) such default of delay could not have been reasonably circumvented by the non-performing party through the use of alternative sources, work -around plans or other means. Such causes include but are not limited to: act of civil or military authority (including but not limited to courts and administrative agencies); acts of God; war, terrorist attacks; not; WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-72 12/6/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE insurrection; inability of CITY to secure approval, validation, or sale of bonds; inability of CITY or DESIGN/BUILD FIRM to obtain any required permits, licenses or zoning, blockades; embargoes; sabotage; epidemics; fires; hurricanes; tornados; floods, or strikes. In the event of any delay resulting from such causes, the time for performance of each of the parties hereunder (including the payment of monies if such event actually prevents payment) shall be extended for a period of time reasonably necessary to overcome the effect of such delay, except as provided for elsewhere in the Contract Documents. In the event of any delay or non-performance resulting from such causes, the party affected shall promptly notify the other in writing of the nature, cause, date of commencement, and the anticipated impact of such delay or non-performance. Such written notice, including Change Orders, shall indicate the extent, if any, to which it is anticipated that any delivery or completion dates will be thereby affected. 29. Interruptions: In situations whereby, DESIGN/BUILD FIRM deems it necessary to interrupt operations, only a twenty-four (24) hour downtime is permissible. WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-73 12/6/21 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade B- 1 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade B- 2 Signed and sealed this day of 12022. Witness Witness LS317 Major Upgrade Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD B- 3 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Address or legal title of contractor) hereinafter called Principal, and (Insert name of Contractor) (Name and address of Surety) as Principal, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , 20227 entered into a contract with Owner for Iff accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade PYB- 1 gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade PYB- 2 the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12022. Principal (Seal) Witness Surety Witness Attorney -in -Fact END OF PAYMENT BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade PYB- 3 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of 12022. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Affiant THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade WT- 1 City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability General Aggregate $ 1,000,000.00 Prod ucts-Comp/O p Agg. $ 1,000,000.00 Personal &Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Professional Liability Aggregate - $1,000,000.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other -As Risk Identified to be determined INSURANCE ADVISORY $ 300,000.00 Limits based on Project Cost Limits based on Project Cost Revised 04/2021 7.B. Requested Action by Commission: Approve a task order with Johnson -Davis, Inc. for the West Water Treatment Plant Diesel Tank Piping project in the amount of $106,500.00. Explanation of Request: The scope of the project includes replacement of the diesel piping system that supplies fuel to the backup generator at the West Water Treatment Plant, located at 5469 West Boynton Beach Boulevard west of Military Trail. On March 22, 2022, bids were received for the West Water Treatment Plant Diesel Tank Piping project utilizing the Pre -Qualified Contractors for Minor Utility Construction Services contract. Two (2) bids were received that ranged from $106,500 to $151,576. Based on the evaluation of the information provided with the bids, Johnson -Davis, Inc. is the lowest most responsive, responsible, and qualified bidder. City staff recommends award of the contract to Johnson -Davis, Inc. How will this affect city programs or services? Replacement of the diesel piping system will improve the reliability and safety of the fuel supply system for the backup generator at the West Water Treatment Plant, provide continuity of treatment plant operations in the event of a power system failure or interruption in service from FPL, and ensure that the City remains in compliance with all regulatory requirements of the Florida Department of Environmental Protection. Fiscal Impact: Funding is available in the Utilities Cl P account #403-5000-533.65-02, Project #W T2102. Alternatives: Do not award the construction contract at this time. Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: The completion of project allows the water treatment plant to stay in compliance for standby power requirements. This also helps continuity of operations for producing drinking water in case of power failure. Climate Action Application: Is this a grant? Grant Amount: Page 682 of 946 Attachments: Type ShE)E)tS Bid Description Bid T,'.-,.ibL.Jlbboin Johinsoin IDavis IBlid Page 683 of 946 PRE -QUALIFIED CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES Wert Water Treatment Plant Diesel Tank Piping Replacement QUOTE/BID DUE DATE 3/22/2p22 QUOTE/BID OPENING TIME'. 5'. pp P.M. RFQ No.'. 828-2821-18/MFD TASK ORDER d W P-19-$9$$ "Offersfmm the vendors listed herein are the only su bmittals received Omelyas of the above receiving date and t— All other offers su bmi[ted In response to this sol icibtion, If any, are hereby rejected as late" VENDORS Florida Design Drilling Corporation Gi.—i Contacting Corporation J.Ih—1,-Davis, Inc. Centerline Utilities, Inc. Quote Submittal Stat. en[ of NO BID Yes Ves Stat. en[ of NO BID 1.11.8 1.11.c 1. 11.D 1.11 E 1.11.F Total Project Bid Price $9.888.88 $z5. pp $3]68.88 $12.81 ].pp $125.895.K $151,57$.99 $3488.88 $zs Do $1 5]5 W $25.G pp $)p,5oo 8p $196,599.99 Addenda Acknowledgement No. 1 8 2 Yes Yes E -Verify Form Under S-11, 118.885, Florida StzWtes Received & Signed Received &Signed certification Pursuant[. Florida STATUTE § 28].135 Received & Signed Received & Signed Safety Pmg— compliance Signed Signed Wa -b's Yes Yes Schedule of Sub con tractors E& A Wilson Painting Services LP—,blast&p—t trellis&columns 33.2% N. Statement of No Bitl N. N/A COMMENTS: LOWEST QUOTE Opened and Tabulated By: Taralyn Pratt, 31$31$9$$ WEST WATER TREATMENT PLANT DIESEL TANK PIPING REPLACEMENT RFQ NO. /MFD PRE -QUALIFICATION OF CONTRACTORS FOR MINOR UTILITIES CONSTRUCTION SERVICES -IIID FORM TASK ORDER WP -10-2022 ITEM TECH SPE( C1025 DESCRIPTION TESTOTY I UNIT,_.._l UNIT COST AMOUNT GENERAL CONDITIONS Mobilization/Demobilization, Bonds, Insurance and General Requirements. 1 1.11.13 Contractor shall be limited to a maximum of six (6%) of the total bid price. I L5 $ 3,400.00 $ 3,400.00 2 1.11X Indemnification I LS $ 25.00 25,00 3 1.11,0 As -Built Record Drawings I LS $ 1,575-00 $ 1,575.00 ... ...... . ............. ......... . . . . .. Sub -Total General Conditions $ 5,000.00 WORK SITE 4 1.11.11 Removal and Disposal of existing Diesel Tank Piping, Valves and Appurtenances I LS $ 25,000.00 $ 25,004.00 5 1.11.1' 1 Furnish and Install New Diesel Tanks Piping, Valves All Appurtenances I $76,500.00 $ 76,500.00 Sub -Total Piping C Total Bid Price (In Numbers) Total Bid Price (in Words) Name of Firm Submitting Bid Proposal Name of Person Submitting Bid Proposal Name of Person Submitting Bid Proposal $ 106,500.00 One hundred six thousand five hundred d ollairs and zero cents Page 685 of 946 C�ITY OF BOYNTON BEACH FLORID,4 BID TITLE: WEST WATER TREATMENT PLANT DIESEL TANK PIPING REPLACEMENT BID TASK ORDER NO.: WP -1q-2022 BIDDER: DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: City of Boynton Beach Util.i.ty Department and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE 1 ;3/22/22 2 3/22/22 Boynton Beach Utilities — WWTP Diesel Tank Piping THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOV. RLC�CAGE TO BE COk�aH)J--:rEJ' CO11PLETF 11JA &,CCFPT&ZLE FAI Page 686 of 946 mdaffuln� Clerk Oyer E�tLm4r"Nik' AAQv*6C91 on behalf of Johnson -Davis Inc. Print Name and' Title Company Name that Johnson -Davis Inc. does not: Company Name 1. Participate in a boycott of Israel; and certify 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The 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 the 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 Florida Statute § 287.135, Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and' 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. Boynton Beach Utififles — WWTP Dies0 Taink PipOng 72 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 687 of As the person authorized to sign on, behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.11135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the],ran-'Petroleurn Energy Sector List. Johnson -Davis Inc. COMPANY NAME Clark Cryer SIGMA' Estimating Manager TITLE Boynton Beach Utilities — WWTP DiesO Tank Piping THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 73 Page 688 of 9461 MI'�'1i'' Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Boynton Beach Utilities — WWTP Diesel Tank Piping 74 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 689 of 946 Y z VERT0.7-111 Ffw In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida. I The Contractor is financlaliy solvent and sufficiently experienced and competent to perform all'! of the work required of the Contractor, in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and:: maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand Boynton Beach Utikties — WWTP Diesel Tank Fping 75 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 690 of ($10!0,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates, of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this 22nd day of March 1 2022. (SEAL) ATTEST: Secretary By Johnson -Davis Inc Boynton Beach Utilities — WWTP Diesel Tank Piping THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE VA Page 691 of 9461 0 CITY OF BOYNTON BEACAl E-VEIVIFY E02 TO BE COMPLETED AND UPLOADED ONLINE Project Name tolom I [$10 Imm uVA Levv= IF-em'.4161a 11 gurn go I 11YAJ 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter ionto a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not fimited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees, 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verlfy the eirriployment eligibility of-. a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to dime. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all Subcontractors to provide an affidavlt attesting that the subcontractor does not employ, contract with, or subcontract with, Boynton Beach Utilities —WWTP Diesel Tank Piping 77 THIS PAGE TO BE SUBMITTED ALONG, WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 692 of an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat,, the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with, s. 448.095 (2) Ra. Stat, shall promptly inotify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Com panyName: J'pK'n"son-DqV"is Inc. Authorized Siqnatu(e,*, ......... ........ . . Print Name: Clark, Cryer) Title Estimatpi g Mama e r Date- 3/22/�02,2,""" Date: 561-588-1170' STATE OF 60 A, COUNTY OF 6LIP" &44J/ The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of 11-144,Lt4 by L'649.K C/?. YE/? on behalf of 40,#vcs X;vr- He/she is personally known to me or has produced as identification. 3A161P. # GG 2026 NOTARY PUBLIC WCO S e ,elr Esti (Name of Notary Typed, Printed or Stamped) Title or Rank I - Serial number, if any Boynton Beach Utilities — WWTP Diesel Tank Piping 78 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 693 of 946 w w Ln. 0 cn -0 LO cls M CD cn C: m C-)? ♦x ca o k a c CD CD cr 0 Ln c CD CD oar`, V -a a 4V 0 CL CD E 1! Q 1 ICL C: C°I : a n„wk 4 a a lu th CD L3 ch SD �--��- cn Q. M -0 0 V/ �y 0 - i� cr w LD Ln, L� wy+ 1 LD Er - Q W � CD Cn (D �' hI / CL o Ln 0,. x"5"1 5 L'a � ', i V� Lei cr CC] 0 -CD 3 C7 C"D0 0. V CD C cn W rD' l ' ' "— �" LPI C7 = L} C�.. cr rZT�n. G) zrWC 'V w 0 � 0 Cl)y Cl) 1 m0 Q Ln ^h 1 ri CD 417 N 1 1 �! 2, S WI L: 0 P' ..,5 /�py C^' V:I 1 �y 0 —�' L7 � H � CD � ��ry NG r� n CD 0> CCD a 3p S C R ml C m 0_� ca �X O CD Z �CD �, `" 0 - o J F� CJ �f CJ CD r-, LD 0 M 1 y�y — � ym .� CD > o a C - Q Lr, -ti • �/ 1 LD ,..e /'�y,� 1— � � " N 0 CD m : 0 �1 �q M 03 4 w iCD m CD N a5 LD a 0 CD 01 LD �-� CD -� . CD ° Q M a SCD (a c5.. _. 0 41 nom' CD3 0— CD Lu e� CJ CD 0 D a s zi FF 0 Page 694 of 946 ♦x k V 1! V/ i� 1 hI / V ca Am Public Hearing 5/17/2022 Requested Action by Commission: Approve request for Major Site Plan Modification (MSPM 22-003) to the Publix Distribution Center to allow for the construction of a ±571,558 square foot warehouse building expansion and associated site improvements on a 63.79 acre site, located at 5500 Park Ridge Boulevard, in the PI D (Planned Industrial Development) zoning district. Applicant: Randolph Barber, Publix Super Markets, Inc. Explanation of Request: The subject 63.79 -acre property is located within the Quantum Park Planned Industrial District. In 1989, Publix Super Markets constructed a ±443,213 square -foot distribution warehouse which continues to operate to this day. The site has undergone several minor site plan modifications since its construction which include only minor improvements to the site. The applicant's request includes two expansions to the existing ±443,213 square foot distribution center; a large 551,693 square foot expansion which is proposed for storage of dry grocery product, and a smaller 19,500 square foot return center used for processing returns, for a total building floor area of 1,014,406 square feet. The request also includes a 1,600 square -foot awning for tractor inspections, a new ingress and egress point on the east side of the site with a security post, and an expansion of the parking area south of the building. Note that the conditions of approval require the applicant to obtain a landscape easement from the City to accommodate the abutting/off-site plantings proposed on City property (retention pond). Once the documents are drafted and approved by City staff, the easement agreement will be presented at a subsequent Commission hearing. Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. On April 26, 2022, the Planning & Development Board recommended approval of this item subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Page 695 of 946 Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D Staff IRE)port D I ocaboin li ap D D ings D D ings D Coindboins of Appirov,-,.ill D is E)V(.)lopirTIENI'lt OrdE)r D AttacftrTIENI'lt D AttacNrTIENI'lt Description Staff IRE)port Exhibit A I ocaboin li ap Exh �i bi t IB 1 Civfl IRIairs Exh �i bi t IB 2 ArchitE)CtUlir'4l IRIair s Exhibit C Coindboins of Appirov,,.-,.ill is E)V(.)lopirTIENI'lt OrdE)r Appicaint IFlirasa ENI'Itaboin Staff Flir'E)SE)intaboin Page 696 of 946 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-011 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: April 20, 2022 PROJECT: Publix Distribution (MSPM 22-003) REQUEST: Approve request for Major Site Plan Modification (MSPM 22-003) to the Publix Distribution Center to allow for the construction of an additional ±571,558 square foot warehouse building expansion and associated site improvements on a 63.79 -acre site, located at 5500 Park Ridge Boulevard, in the PID (Planned Industrial Development) zoning district. Applicant: Randolph Barber, Publix Super Markets, Inc. PROJECT DESCRIPTION Property Owner: Publix Super Markets, Inc. Agent: Merouane EI Kaoussi, Bohler Engineering FL LLC Location: Northwest corner of the intersection of High Ridge Road and Park Ridge Boulevard (Refer to Exhibit "A": Location Map) Future Land Use: Development of Regional Impact (DRI) Zoning: PID Planned Industrial Development Acreage: 63.79 acres Adjacent Uses: North: Developed office, warehouse, low rise -apartments, drainage pond, and undeveloped sand pine preserve; classified Development of Regional Impact (DRI) and zoned PID Planned Industrial Development; South: Right-of-way of Park Ridge Boulevard, then office, warehouse, storage, distribution, and nursing home, classified Development of Regional Impact (DRI) and zoned PID Planned Industrial Development; Page 697 of 946 Page 2 Publix Distribution Center — 5500 Park Ridge Blvd MSPM 22-003 East: Right-of-way of High Ridge Rd., then office and warehouse, classified Development of Regional Impact (DRI) and zoned PID Planned Industrial Development; and West: School and drainage pond, classified Development of Regional Impact (DRI) and zoned PID Planned Industrial Development. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject 63.79 -acre property is located within the Quantum Park Planned Industrial District. In 1989, Publix Super Markets constructed a ±443,213 square foot distribution warehouse which continues to operate to this day. The site has undergone several minor site plan modifications since its construction which include only minor improvements to the site. The applicant's request includes two expansions to the existing ±443,213 square foot distribution center; a large 551,693 -square foot expansion which is proposed for storage of dry grocery product, and a smaller 19,500 square foot return center intended for processing returns, for a total building floor area of 1,014,406 square feet. The request also includes a 1600 square foot awning for tractor inspections, a new ingress and egress point on the east side of the site with a security post, and an expansion of the parking area south of the building. ANALYSIS Traffic: The applicant has provided a letter from a traffic engineer stating that the project is located within the Quantum Park DRI, a previously approved project which accounts for the traffic associated with the intensities and land uses under the current request. Therefore, the proposed land uses and intensities are within the limits of the original approval of the Quantum Park DRI, and is not subject to Palm Beach County's Traffic Performance Standards under Article 12. A traffic study was performed and it indicates that the project would generate 92 AM Peak Hour trips and 103 PM Peak Hour trips, with a daily total of 943 trips. School: School concurrency is not required for non-residential projects. Utilities: The City's water capacity, as increased from the purchase of up to 5 million gallons of potable water per day from the County, would meet the project's potable water demand. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. 2 Page 698 of 946 Page 3 Publix Distribution Center — 5500 Park Ridge Blvd MSPM 22-003 Police/Fire: The Police and Fire Departments have reviewed the site plan and all review comments have been satisfactorily addressed by the applicant. Further plan review by Police and Fire will occur during the building permit process. Drainage: Drainage information and plans were provided for the City's review. The Engineering Division has found the information and plans to be adequate. Further review of drainage plans will occur at time of permit review (see Exhibit C — Conditions of Approval). Environmental: The applicant conducted an environmental analysis of the site, including wetlands and species. The analysis found evidence of the presence of gopher tortoise at the site. The gopher tortoise species is protected by the State of Florida, therefore the required relocation permits will be obtained during the permitting process prior to disturbance/commencement of construction. Access: The site currently has one point of ingress/egress located at the southwest area of the site which provides access for employees and tractors arriving at the site. A security post and gate are present immediately after entering the site. The current access does not allow for adequate stacking of tractors entering the site. The site plan (Sheet SP -1) proposes a point of ingress/egress on the east side of the site that will exist alongside the existing point of ingress/egress. The proposed ingress only allows for entry from southbound High Ridge Road, and after entering the site, expands to three parallel lanes to allow for adequate truck stacking before arriving at a new security post. After checking in with security, vehicles will then proceed either to the left or right to an empty parking space or loading bay. Once leaving, vehicles will circulate through the two-way parking lot to either the proposed egress or the existing egress, exiting the site. The project proposes pedestrian connections between the existing developed portion of the site and the new portion of the site. In addition, crosswalks are being provided across high traffic areas of the internal circulation. Parking: The site plan (Sheet C-300) proposes additions totaling 571,558 square feet of warehouse space, which would require 715 parking spaces, based upon the standard of one (1) parking space per 800 square feet of single - tenant warehouse/distribution use. The original development was subject to a parking requirement of one and one-half (1'/2) parking spaces per each two (2) employees on a maximum shift. A maximum shift for the original warehouse was calculated at 85 employees, therefore the parking requirement was calculated at 64 parking spaces. Since the original development is not being modified as part of the expansion, this parking requirement is vested for that portion for parking calculation purposes. The 64 parking spaces required for the existing warehouse, combined with 715 parking spaces required for the expansion totals 779 parking spaces. The original site plan provided a total of 420 parking spaces. Modifications Page 699 of 946 Page 4 Publix Distribution Center — 5500 Park Ridge Blvd MSPM 22-003 to the site plan include the removal of 50 existing parking spaces, and the addition of 412 new parking spaces, for a net increase of 362 parking spaces. The total number of parking spaces proposed at the site after completion will be 782 parking spaces, or a surplus of 3 parking spaces above the requirement of 779 parking spaces. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The Overall Landscape Plan (Sheet C-705) indicates that the project would add 174 canopy trees, 88 palms, 115 understory trees, and 11,644 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed canopy tree species would include the following: Gumbo Limbo, Pigeon Palm, Buttonwood, Wild Tamarind, Slash Pine, West Indian Mahogany, Bald Cypress. Palm species would include Royal Palm and Cabbage Palmetto. The project proposes a 25 -foot wide landscape buffer on the north property line paralleling the scope of the proposed warehouse expansion. The city's landscape regulations require a 6' high masonry wall within the landscape buffer. The applicant has provided a 6' high masonry wall within the landscape buffer parallel to the portion of the property line which borders the privately -owned preserve area to the north. To the west of the privately- owned preserve is a city -owned drainage parcel. In lieu of providing the wall within the landscape buffer along this portion, the applicant has requested a landscape easement from the city within the drainage property. Staff finds the request to be suitable as the drainage property will remain under the city's ownership and the presence of a buffer wall would be impractical in this location. Should the city ultimately not grant the landscape easement, the project will then be required to provide the 6' masonry wall. As such, the project has been conditioned to require the acquisition of the landscape easement from the city or provide a 6' masonry wall in lieu. The landscape plan also proposes additional landscaping within the existing landscape screens as well as additional landscaping within the parking lot area beyond code requirements to increase visual screening of the facility as seen from High Ridge Road and Park Ridge Boulevard. Furthermore, a berm is present along the south and east edges of the site to provide additional screening. The landscaping as proposed and conditioned meets the intent of the Land Development Regulations. Building and Site: The proposal includes a main building expansion largely consisting of a single -story warehouse floor and a relatively small mezzanine level adjacent to the existing building. The building expansion will have loading docks on both the north and south sides of the building, and circulation around the expansion will connect with existing drive aisles to the north and south of the existing building. A security post building is also proposed in N Page 700 of 946 Page 5 Publix Distribution Center — 5500 Park Ridge Blvd MSPM 22-003 coordination with the new eastern main entrance proposed as part of the proposal. In addition, a 19,500 square foot return center is proposed as a secondary addition to the main building on the west side of the existing building. A 1,600 square foot tractor awning is built on the south side of the existing maintenance building on the west end of the site. Building Height: The maximum building height allowed in the Planned Industrial Development (PID) zoning district is 45 feet. The proposed building height diagrams (SK -021) depict the typical flat roof deck height of 45 feet as measured from the lowest elevation at the property line adjacent to the scope of work. The City's Land Development Regulations allow parapet walls less than 5 feet in height to extend above the maximum building height. A parapet wall extends 3'6%" above the roof deck line, reaching a maximum height of 48' 6W. The building height as proposed meets the intent of the Land Development Regulations. Setbacks: The Planned Industrial Development (PID) zoning district requires thirty (30) foot building setbacks from all property lines, including the front, rear, and interior and corner side yards, and does not have build -to requirements. All buildings are located well outside of the building setback requirements; along High Ridge Road (east property line), the proposed security post building would be setback 125 feet from the property line. The main building expansion is setback 391 feet from Park Ridge Boulevard (south property line), and 60 feet from the north property line, in compliance with code requirements. The proposed tractor awning is set back approximately 134 feet from the west property line. Amenities: The landscape plan includes 18 benches located throughout the site, as well as covered and uncovered bicycle parking. The building also contains a locker room for employee use. Design: The proposed building has been designed to match the existing building's appearance. The proposed building expansion features concrete panels painted to match the existing building color, louvers installed along the north and south walls, horizontal banding along the fagade, and canopies at the truck docks and offices. The building has a flat roof and is concealed with a parapet wall. Sustainability: According to the City's Sustainability Development Standards, new non- residential developments consisting of a size greater than one (1) acre shall achieve at least twenty (25) points. Projects are required to incorporate a mix of sustainable site and building design features, which are listed on the Sustainable Design Options (Table 3-1) of the Land Development Regulations. The applicant provided a Sustainable Development Chart indicating the project would surpass the required 25 points by incorporating the following options: Page 701 of 946 Page 6 Publix Distribution Center — 5500 Park Ridge Blvd MSPM 22-003 PROPOSED SUSTAINABLE DEVELOPMENT OPTIONS Energy Points The use of any combination of the following strategies for 25% of the non -roof impervious site (including road, parking lots, driveways, sidewalks and courtyards). • Provision of shade within parking/pedestrian Heat Island areas from open structures, such as pergolas, 2 Reduction covered walks, parking lot sunshades, etc., with a Solar Reflective Index (SRI) of 29, as demonstrated by the manufacturer or the architect or engineer of record. • Use of only paving materials with a Solar Reflectance Index (SRI) of 29, as demonstrated by the manufacturer or the architect or engineer of record. Efficient All air conditions are Energy Star qualified. Minimum Cooling SEER 16. 2 At least 75% of hot water on premises is heated via Efficient Water Energy Star Certified water heaters or solar water 2 Heating heaters. Use roofing materials that have a Solar Reflective Cool Roof Index (SRI) 75 for low -sloped roofs (<2:12) for a 2 minimum of 75% of the roof surface. Use of white or cool light colors for the body of Building Color buildings to reflect rather than absorb heat and 2 reduce cooling costs. Where provisions of shade structures are not Shade required per code: Structures such as awnings, Structures for screens, louvers, or other architectural devices shall 6 Buildings cover a minimum of 75% of glazed openings. Provide energy efficient lighting such as LED lighting Lighting for building interiors for 100% of proposed lighting. 1 Energy Star All appliances within a building are 100% Energy Appliances Star. 2 Urban Nature Provide canopy trees in an amount that exceeds the Tree Canopy minimum number of required trees by 25%. 2 Other "The Boynton Return Center recycles waste products Other created from the warehouse operations while also functioning as a recycling hub for products from area Publix stores. Products recycled at this center 6 Page 702 of 946 Page 7 Publix Distribution Center — 5500 Park Ridge Blvd MSPM 22-003 Lighting: The photometric plans (Sheet E -102) include freestanding pole light fixtures of 30 feet in height within the vehicular circulation area. The height is consistent with guidelines and requirements of the code, and do not exceed the proposed height of the structure. The proposed LED light fixture has a flat lens and cut-off features to inhibit any light spillage/trespass. After meeting minor conditions on illumination levels (see Exhibit "C" — Conditions of Approval), the Photometric Plan would be designed to prevent glare or spillage onto abutting properties in compliance with the City's lighting ordinance. Signage: Due to the nature of the site's use, signage at the site will be minimal. A new monument sign is proposed as part of the new east ingress and its location has been indicated on the site plan. (see Exhibit "B" — Plans). Signage will be reviewed for compliance with the Land Development Regulations at time of permitting. Public Art: The project is subject to the Art in Public Places requirement. The applicant has coordinated with the Public Arts Administrator and has elected to pay a Public Art fee in lieu of placing public art within the project. According to the proposed construction estimate, the project would have an art fee of approximately $504,000. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum Lot 55 Publix Distribution\MSPM 22-003\Staff Report\MSPM 22-003 Publix Distribution Staff Report.docx 7 Page 703 of 946 include, but are not limited to: cardboard, paper and clear plastic bags. The center currently bales over 115,000 pounds of material to be recycled each month. The projected volume recycled after the expansion is 250,000 pounds per month. This function is provided as a means of keeping the waste products from going to the landfill and provides organization of these materials. The expansion of the existing return center will support the warehouse expansion in addition to future store growth." Total Points 27 Lighting: The photometric plans (Sheet E -102) include freestanding pole light fixtures of 30 feet in height within the vehicular circulation area. The height is consistent with guidelines and requirements of the code, and do not exceed the proposed height of the structure. The proposed LED light fixture has a flat lens and cut-off features to inhibit any light spillage/trespass. After meeting minor conditions on illumination levels (see Exhibit "C" — Conditions of Approval), the Photometric Plan would be designed to prevent glare or spillage onto abutting properties in compliance with the City's lighting ordinance. Signage: Due to the nature of the site's use, signage at the site will be minimal. A new monument sign is proposed as part of the new east ingress and its location has been indicated on the site plan. (see Exhibit "B" — Plans). Signage will be reviewed for compliance with the Land Development Regulations at time of permitting. Public Art: The project is subject to the Art in Public Places requirement. The applicant has coordinated with the Public Arts Administrator and has elected to pay a Public Art fee in lieu of placing public art within the project. According to the proposed construction estimate, the project would have an art fee of approximately $504,000. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum Lot 55 Publix Distribution\MSPM 22-003\Staff Report\MSPM 22-003 Publix Distribution Staff Report.docx 7 Page 703 of 946 Page 704 of 946 ab 1 III.+O - �I 1 1 • I�$iiEET 63011 \ �"/ SHEET 6.403 1 1 � � L i — — _ _ _- 1 w �� � - SHEET clad 1 3 ab 1 III.+O - �I 1 1 1 \�$iiEET 63061 PERMIT SET T PROP. SITE PLAN O LAMENTS BOHLER/I NOTES: - OVERALL SITE . . ,,.. PLAN C-300 — — _ _ _- �� � - SHEET clad �$FiEET 0309 1 \�$iiEET 63061 PERMIT SET T PROP. SITE PLAN O LAMENTS BOHLER/I NOTES: - OVERALL SITE . . ,,.. PLAN C-300 �s�EET �ao¶ ■ I �s�EET �ao� 1 1 II .u.0 1 1 1 � 1 �II \ _ 1 fi 'y v. \ M L II 1 \\ o� 1 III Ph €■ �srrEET caom 5,€%, I isrrEET cans �sEEEr G�o� 1 1 �sHEEr o-a�a ` 1 PAVEMENT LEGEND: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII lfe Y� PAVING AND GRAVING NOTES: PERMIT SOET _ T PROP. SITE PLAN O LAMENTS A I D N-0 fll01 c„ . c cc r�xc mom a ouc raL BOHLER/l VATUM NOTES: FEMA MAP INFORMATION: - - -� R. VERALL PAVING GRADING A DRAINAGE PLAN 6-400 1 I _ 1 1 I � � l 1 I i I �Ra�ERv I oomaN II II s E�E��NOF� a 477 i 1 O7-) f� VAS' 1 II- - --------- ------- - - — SREET Lao ,s�EET �s� VICINITY MAP rf SITE '` / l WATER OISTRIBUTI N N TES noxa PERMITSET / ,� UTILITY ROSSINGN iE*L T� / at SANITARYSEWER NOTES PROP. �. SITEppPLANS O UMENT i a I/ / � I,ON..I0.1Cf IN �i BOHLER/I OVERALL - - UTILITY PLAN C-500 µ o w 6s P LLUTI N PREVENTI N N_ 1 r OOO ' 1 Y p PERMIT SET .a I PROP. j SITE PLAN IOUCUMENTS 1II V , MAINTENANCE NOTES BOHLER/ _-- - - SOIL EROSION CONTROL PLAN C-600 i W ,. n IT t f / d �n Y r NC�T APPROVES FDR CONSTRUCTWN f PROP. m. ..0 TE PLAN ' J � o MENTS 0 5➢ .. J IuN ill. 111 lluI , T� BOHLER TREE DISPOSITION PLAN 6-700 \ J m 0 / E E , q v„von ro : m � x area. w _-- NOT oveo FnR CONSTRUCTION .uauu ..u....w........ T al... +`., /I .loop n be om Ae oam -nr € , 4 , PROP. Sl TE PLAN DOCUMENTS IN Ni BOHLER u. TREE MANAGEMENT PLAN �C-701 W. i . Q ix Y m w n. s x w „ w, ' v n+ } r + APPROVED FDR I I 1 .-T-TIaN I x . •. T PROP. .. H x ."".. � .�-.� m y SITE PLAN DOCUMENTS a IR U G i I l]. IV �. �...>� I. wvnraneHc a.uv, BOHLERY TREE DISPOSITION LIST 6-702 J M a m < n 07 a m ,o i n., u ., t t s.. ri T.. I I „ I... NOT APPROVED FOR :..: �. .. CONSTRUCTION u I I' n PROP. SITE PLAN DOCUMENTS ii w., y i :. I I: Q NM K1((Qlq v.: au,. y w uur wmraneHw wvnraneHc a.uv, .. un _ I .:,� „ — — x w_e� BOHLE ....�A.,.a,.T�,�.i� ..< 0" TREE DISPOSITION LIST �C-703 SHEET G -]OT ' / SHEET G]081 / i as oRF'a j'% � I r IMUM T PROP. SITE PLAN O LAMENTS � ru i naN BOHLER/ OVERALL LANDSCAPE PLAN �C-705 A (J� T) 00006 ° 0 0 _ _ �__, _ _ --- EENT C-�a�l� SHEEN C -]1d IMUM T PROP. SITE PLAN O LAMENTS � ru i naN BOHLER/ OVERALL LANDSCAPE PLAN �C-705 o� a_aoo",ukM A� �) Baa�MSR;"' � °,`"'; s•E, i i � '7"�s"' t r AR11,51 41 41S - l�lA Is,�mi I a MA SHEET 3 LEGEND () nLrnxs>s LMITi �) PUBLIX SI BOHLE . . . . . . MATCNLINE SHEET 2 �_ r L +x N IL 10 , avuasc ,uzfi fT� .vrx rcsc s,rso ,�p�y/ rz Sze � Ing I �r� I /V. ,avav ,v�ov e�ACH s= — — A Perr�a9 ��rar � AGS, isea rsr ov seas LEGEND ",.`„ •••�"' '�^'- F•'�'• (M) nLrnxs>s TITLE 1-11 a CRJ Fa,� PUELIX SUPER MARKET, INC. BOHLER ......... ». ...P.i SXEET S �. �����. ��. �����. lin ii ii min. i� ilii. ilii. iiiii. ii i. iiiii. iii nn m ��[ va^6�r.ven zewnym.n rynv�mn i �n �' se vm.m J �.xmz ww n��u�'eewnraam ® � N-0 axe�ravx rza 4m xv mu rs iexmmn are s �y r. d Ti v Ali r oag, a I l l oe mru a �� o-ioe is(r�q � waw ru .i Oa�y IIII 4�33sg AFEa.�� 55Co5AC MJ �d LEGEND I' nne sxrsvev PUBLIX SUPER MARKET. INC. B 0 H L E R .�: W n"Ill — — — — — — — — — ---- II ...... ..... . ...... ...... ...... ...... ...... MAT..11.. S ... T ...... ...... ...... ...... ...... ...... .. ...... ... LEGEND Z"'I'll ............ asou .. ......... PLAN NORTH w, IIT — - -� A-102 NIRTHIIUTH —,O 24- (D—L.5 1.9ISI4 Q ([u)ILII I[[1 115) 1[ai IL,1 {[b) IL/1 �1x) ILyI 30 31 Is[1 33 34 35� � 3] 38 39 �0� 41 P — — —fa A.1 =o —_ - —_ J.5_ — ...... 44144 444444 r. Iw I I P.s w l ie it— HIM, ....�. oDoo V —5.3 U3 hII PUBLIX SUPER MARKETS INC �......... - - --.1 - a BOYNTON BEACH glyDISTRIBUTION I .«.. SII SII SII SII I SII SII CENTER _ w EXPANSION MASTER FLOOR PLAN -1ST FLOOR 35 \ 36 3] 38 39 40 41 4L 421 X93 21.] �/�� \/\/� ® °••^>• PLAN _ ,_ u A -1 11e MASTER FLIIR PLAN -IST -LEVEL NOT FOR CONSTRUCTION �Q ...,2.9 T - Q 20 21 22 23 24 25 26 2] 28 29 30 31 32 33 34 35� � 3] 38 39 �j) 41 42 �.> ISI ISI 4I—— r— —.— � 29.B � � 31.3 ISI �\A.4 —_ —_ —— III A 5 III B.4 8.5 t_t —T ----—-—---- F—- --— —+— _ — _ — — G G.5 — P] P.5 —�— s 15.6 U8 �_- 20 21 22 23 24 25 26 2] 28 29 30 31 32 33 34 35� � 3] 38 39 �j) 41 42 �.> ISI ISI ISI ISI ISI ISI ISI ISI ISI ISI � 29.B � � 31.3 ISI _ III A 5 III t_t l f.% 1 � l t t i iiia I t It t t t -t ��#_ t t 1 — 4 ISI ISI � � � � � � � PLAN NORTH 1A-112 2.91 4 F w. asFl�E am ni -- -- i - F -� 0 Ell� o - - - - - ,,....... Y. o 0 0 oar o - - --------------- - -- — 0 0 o 0 0 P.9 I PUBLIX SUPER MARKETS, INC. - -- -- - BOYNTONPBEACH DISTRIBUTION D CENTER EXPANSION PARTIAL PLR PLAN-20NE A Ike 11 AN _— ........ ...w NOPLRTH a _ m� -_ ... A-113 naTI P 1 NOT FOR CONSTRUCTION 9 197 9 2B I - A.b M � O O 0 0 0 SIO SIO O O�OO O OHO 0 I I I I I I I I I II 1 L v firpifi) =I� - �� J I J., . .... I PUBLIX SUPER ...... MARKETS INC. v . am,��. � r�.ivz- BOYNTON BEACH --7- —T— ---7W.-7--r---7— .� i ) DISTRIBUTION L. EXPANSIONR « , CENTER PARTIAL PLR I I PLAN-20NE 6 r151 18 18 20 21 .3 22 23 24 25 b 2] 28 PLAN NORTH A-114 a —IAL vL,�N-�ortEe i NOT FOR CONSTRUCTION 3D 31 32 33 34 35 36 3] 38 39 40 4 2 21 � I �4� AS 111 iiL I I I I R. Q.11 V— ,�, ,� 0 o�000 000�00000 I I o I I'I II II II II II�a,.�==�I'I II II II II �I - - - --- r l ---7--7 - -- F ---i - - - P � — `� vv.�—v�v—�v I PUBLIX SUPER MARKETS INC. � I I I � I ....• I I • I � am�"�. ��aa BOYNTON BEACH DISTRIBUTION CENTER EXPANSION 411 42� 4¢.l PARTIAL FLOOR PLAN-20NE C ""--" - KV KM PLAN NORTH A-115 PARTIAL PLAN -NE 1 NOT FOR CONSTRUCTION O U.3 - U.9 21 22 23 24 25 �[�) 2] 28 29 30 i i it it it it it it T T -—-----------—-—-—-—-- — — — ---- — — i it — — J i I i ————— --—-—-—-—--- N.9 ---—-—-----------— 0— —— �oa — ——i —_ —_ — — _— —T__�_—___ Ili R.4 �iu,Tn� i i i i ————— i S.8 i •.� DDD �dw a .. on �� a ess _ ,... ox oa as �i D D O lel 2 i i i� i i i i i i i i a h a lel vy \J 30 ¢PI AN 39 31 32 33 34 35 �.so� 3] 33 39 40 41 it I I I I I I I I I I I I I I I I I I I I I I I 39 31 32 34 35 36 3] 38 3I9 49 41 41, PLAN � � � •u �0� ISI I III 39 31 32 34 35 36 3] 38 3I9 49 41 41, PLAN VVII "'iillulVVVm �� I x, 570'- 4" 308'- 6" 261'- 10" MEASURED ELEVATION MEAS FROM ABOVESEA FRO 12.41' LEVEL FLOO LEVEI 44'-0" 45.00' _ _57.41' 40'-51 4.56' 16.97' 0'-0" ..0.. = 12.41' 4.4.. 03.24.2022 U.1 AlWoic3 I BOYNTON BEACH DISTRIBUTION CENTER EXPANSION BUILDING HEIGHT CLARIFICATION c"OUP Page 732 of 946 SK -021 Flu jj�i%/✓�i'%%%//�/�J�f'//�/////iii% r/; � "i I 1 I sHIF�r=Ifv, IIIIIf 11NI tan Ylllfl rAI Illf IIIIII tus ti111 u¢y IIIIII' vw IUIlio � r rx tlao e nn INL ¢� �JJJ T' ' , '� �� rl g': flllll If�u rfffa ulu umf ��I �.�wlfo uou uuu; ITABTIAL ELEVATION . SOUTH 3 PART E�Ao�_wE �A� PUBLIX SUPER MARKETS, INC. BOYNTON BEACH DISTRIBUTION CENTER EXPANSION PARTIAL BUILDING ELEVATIONS A-221 FOR CONSTRUCTION EXHIBIT "C" Conditions of Approval Project Name: Publix Distribution Center — 5500 Park Ridge Boulevard File number: MSPM 22-003 Reference: 2nd review of plans identified as a Maior Site Plan Modification with a March 3, 2022 Planning and Zoning Department date stamp marking. Page 734 of 946 ENGINEERING / PUBLIC WORKS / UTILITIES Comments: 1 A detailed review of Engineering standard and regulations will take place once a Land Development Permit is submitted to the Division. The plans must conform to all of the City of Boynton Beach Code of Ordinances, standards, and requirements. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and J irrigation. The "Engineering Division Design Handbook and Construction Standards" manual is available at https://www.boynton- beach.org/engineering/new-construction-department-public-works- en ineerin -division 2 Permits required from other permitting agencies, such as South Florida Water Management District (SFWMD) and Palm Beach County Engineering J Department (PBCED), shall be required prior to issuance of a Land Development Permit. 3 Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of J permitting. 4 All signing and pavement markings must meet Palm Beach County Traffic Engineering Division Standards and the Manual on Uniform Traffic Control J Devices, latest edition. 5 All parking lots must meet Part III, Chapter 4, Article V. J 6 All private and/or public streets must meet Part III, Chapter 4, Article VIII. J 7 If a dumpster is required by Public Works, provide a minimum outside turning radius of 55 ft. to allow turning movements for solid waste trucks. J Truck routes for fire and solid waste to be determined by individual departments/divisions. 8 The lighting design shall provide a minimum average light level of one foot- candle with all light poles to withstand a 140 MPH wind load and shall be operated by photoelectrical control and are to remain on until one hour after J closing or 2:00 a.m. whichever is later per (Part III, Chapter 4, Article VII, Section 3.). 9 All catch basin and manhole covers shall be bicycle proof per the 2010 LDR, Chapter 4, Article VIII, Section 3.G.b. and Engineering Design Manual J Chapter 5, Paragraph D.1.b. 10 At time of permitting, provide a complete erosion control plan including the standard erosion control requirements (e.g. Silt Fence, Inlet protection, J construction entrance, etc.). 11 At time of Land Development Permitting, an FDEP Environmental Resource J Permit (ERP) will be required. 12 At time of permitting, provide a pavement and marking plan that shows the entrance, exit, and the median opening on High Ridge Rd, including J dimensions of the median opening, and the reconfiguration of the south median after the removal of the left turn. ART IN PUBLIC PLACES JComments: 13 At time of permit, 30% of art fees shall be paid as per Article II, Section 27- J 25. Page 734 of 946 Publix Distribution Center (MSPM 22-003) Conditions of Approval Page 2 of 2 \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum Lot 55 Publix Distribution\MSPM 22-003\Staff Report\Exhibit C - MSPM 22-003 - COA.doc Page 735 of 946 14 At time of certificate of occupancy, 70% of art fees shall be paid as per ✓ Article 11, Section 27-25. 15 If art fees are not paid as per Article 11, Section 27-25, the applicant shall enter into a Minor Site Plan Modification to identify the location of the art ✓ which meets the requirements of the Art in Public Places program. FIRE Comments: None. All previous comments acknowledged at DART meeting. POLICE Comments: None. All previous comments acknowledged at DART meeting. BUILDING Comments: 16 At time of permit, provide the location of parking and access aisles on the V/ site plan. PLANNING & ZONING Comments: 17 At time of permit, provide evidence of a recorded Unity of Title for the three ✓ parcels associated with this site plan. 18 Revise plans to extend the proposed six-foot masonry wall and hedge along the entire north property line parallel to where site work is proposed. ✓ Alternatively, obtain a landscape easement for the full length of the adjacent City property. 19 Provide line -of -sight diagrams which illustrate that the proposed rooftop ✓ equipment is screened at a distance of 600 feet. 20 Revise the site plan to indicate the location of the proposed covered bicycle ✓ parking. 21 Revise the landscape plan to locate a signature tree at the east ingress ✓ flanking both sides of the ingress closest to the right-of-way. 22 All exterior downspouts must be enclosed within the building fagade. ✓ 23 Revise the landscape plan to propose all trees as having a minimum of 4 ✓ caliper inches at time of planting. 24 Provide a table on the site plan listing the required (Table 2-1) and point - based sustainable features (Table 3-1) being provided and provide a ✓ supplemental narrative on how these features are being met. 25 Revise the photometric plan to ensure all lighting level measurements are ✓ 0.5 footcandles or greater. 26 Include lighting spill levels at the property line which do not exceed 0.3 ✓ footcandles. 27 Revise the landscape plan to provide the number of trees being used to ✓ meet the tree canopy sustainability requirement. 28 Update detail 9 on sheet C-712 to match the conditions proposed on the ✓ landscape plan showing both hedges. 29 Revise the landscape plan to show the location of freestanding light poles. J 30 Revise sheet C-300 to include the benches as provided on A-101. J 31 Submit a traffic statement from Palm Beach County. Alternatively, provide a traffic statement from a licensed professional traffic engineer confirming ✓ vested traffic trips in the Quantum DRI. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum Lot 55 Publix Distribution\MSPM 22-003\Staff Report\Exhibit C - MSPM 22-003 - COA.doc Page 735 of 946 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Publix Distribution (MSPM 22-003) APPLICANT: Randolph Barber, Publix Super Markets, Inc. APPLICANT'S ADDRESS: Building 20 c/o PO Box 407, Lakeland, FL 33802-0407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 17, 2022 APPROVAL SOUGHT: Approve request for Major Site Plan Modification (MSPM 22-003) to the Publix Distribution Center to allow for the construction of an additional ±571,558 square foot warehouse building expansion and associated site improvements. LOCATION OF PROPERTY: 5500 Park Ridge Boulevard, in the PID (Planned Industrial Development) zoning district DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum Lot 55 Publix Distribution\MSPM 22-003\Staff Report\MSPM 22-003 Developmenp{ar�lo736 of 946 Quantum Park 5500 Park Ridge Boulevard, Boynton Beach, Florida Planning and Development Board —April 26th, 2022 City Commission — May 17th, 2022 Page 737 of 946 History of Land Use and Zoning Approvals 0 • Property was originally rezoned in connection with the approval of a Development of Regional Impact (DRI) in 1984 • At that time, approximately 540 acres was rezoned from residential to Planned Industrial Development (PID) • Overall development and traffic intensity within the DRI was reviewed and approved by the various reviewing agencies at that time • Original Site Plan for Property was approved in 1987 • Publix closed on transaction to acquire property from original developer in 1988 • Authorized construction of the existing warehouse facility and contemplated future phased development of the property Page 738 of 946 History of Land Use and Zoning Approvals ■ �s�� � h" •n• +k'l b s����,. aro zrµ��r,o r�,,,, �� w .r „� �, , ,, , �N;,, „ „ �� .r.�`,,,n,,,YN•, P4 f u67P nlry r� ,rv"q�� 7 J r" ,. f o .. �..: r-, i JL '� � g ,9 ' � w7rka4W" r Page 739 of 946 Publix Company Facts 1,296 total stores in operation as of 4/15 ��fiEmploy over 230,000 people .... Largest employee -owned company in the country Named on Fortune's 100 Best ('� Companies to Work For `f one of four companies who have made the list every year since inception ■ History in Florida and Boynton Beach 1930 • Publix founded in Lakeland, FL by George Jenkins. First store in Winter Haven. 1989 • Publix had 367 stores and 5 distribution centers • Added a 6th distribution center to Boynton Beach • Boynton Beach DC serviced 78 out of 367 stores 2022 • Boynton Beach DC now serves 141 out of 1,296 stores in the company Page 740 of 946 Expanding the Publix Distribution Center Supply Chain Improvements • Goal is to provide premier customer service to our communities and customers • More effectively service our South Florida communities with the necessities during natural disasters • Some items today are transported from Lakeland to South Florida • Process now takes up to 3 days, from order to delivery, this expansion would allow for a possible 1 -day turnaround to many stores. ■ Proposed Project Impacts • Total expansion will be 571,558 square feet • Provide the ability to more efficiently serve the stores in the south Florida market, with room for additional growth • Add approximately 300 associates here in Boynton Beach • Allow Publix to strengthen our supply chain with additional dry warehousing capacity in Florida • Reduce fuel consumption and trailer traffic from Lakeland • Increase job opportunities • Decrease transportation time Page 741 of 946 5, Aerial View ■ Page 742 of 946 Aerial View — Existing ■ Page 743 of 946 Aerial View — Existing + New 0 Page 744 of 946 Landscaping Plan R ........... .... Page 745 of 946 ■ Elevations ■ PARTIAL ELEVATION -NORTH EXISTING WAREHOUSE AND OFFICES PARTIAL ELEVATION -SOUTH EXISTING WAREHOUSE WAREHOUSE EXTENSION PARTIAL ELEVATION -WEST Page 746 of 946 Street View 0 Page 747 of 946 Views from the Northside ■ Page 748 of 946 Questions Page 749 of 946 ■ Publix Distribution Expansion Major Site Plan Modification (MSPM 22-003) Planning & Development Board: April 26, 2022 City Commission: May 17, 2022 Page 750 of 946 Location Future Land Use: Development of Regional Impact (DRI) Zoning District: Planned Industrial Development (PID) Acreage: 63.79 acres Page 751 of 946 Background In 1989, Publix Super Markets constructed a ±443,213 square foot distribution warehouse which continues to operate to this day. The site has undergone several minor site plan modifications since its construction which include only minor improvements to the site. Future Land Use: Development of Regional Impact (DRI) Zoning: PID Planned Industrial Development Page 752 of 946 Request Major Site Plan Modification Approve request for Major Site Plan Modification (MSPM 22-003) to the Publix Distribution Center to allow for the construction of an additional ±571,558 square foot warehouse building expansion and associated site improvements on a 63.79 - acre site. Page 753 of 946 Proposed Site Plan/Landscape Plan 0646i PROPO6ED DRY ODY( Wµ , ADDITION WAREHOUSE AOION IT (FIRST 8,000 SF MEZZANINE (SEECONDDFLOOR) FFE=180T 565 699 ST(FI <000As u I o� + e ouo co( o O O p n Canopy Trees Added: 174 Palms Added: 88 Shrubs Added: 11,644 Total Trees (Prop+Ext): 648 Page 754 of 946 Site Sections SECTION A -A SECTION C -C Page 755 of 946 SECTION B -B Color Renderings: Elevated view from High Ridge/Park Ridge Rd Page 756 of 946 Color Elevations: North and South MASTER BUILDING ELEVATION SOUTH nLC 'L 421142 41; 40; 39' ;38 '37 361 X35 34', '33I �32 373 '31 30 298 29; :28 271 261 25 24 23 221 277 '21 20)199111941('19 '18,"17 Page 757 of 946 [U aagn. oae. 1' 1 n FnRhAC..T9�UCES /' iRVGI<G9U 4T ry MASTER BUILDING ELEVATION NORTH Color Elevations: East and West F3 F4 981 JS ;L5i N2i 'P7i T.O. EXISTING PARAPET AT RIDGE ',. TO EXISTING PARA RIDGE .. no e' Y H?`.,: / .. ✓r✓'" //.: ,#h! _ _/ /... r.. ��✓ M"imimiamRARMIN ,�,.:. / ,, e/I /i'r ,%�;,o r//INIf w IIID w�0 w UUI w m 7 //r�Y /r'/y' H f'^/4� 0 VAItAPEi 4ORq,. 4RAPET.OFFICES/ /j /rp.,f/i�.+ //, %^'i s�,� r/ ® ® �'a �r „ /,d/�' ,rd// � /J Page 758 of 946 TO PARAPET 44• G j TRUCK COURT_], MASTER BUILDING ELEVATION EAST OR— '3 I - E 0 Color Elevations: Detail Page 759 of 946 AW Public Hearing 5/17/2022 Requested Action by Commission: Approve request for Master Plan Modification (MPMD 22-001) for Shalimar at Boynton Beach to establish project density and intensity, maximum building heights, land use distribution, and vehicle pedestrian circulation design. Applicant: Rene Gutierrez, TM Residential LLC. Approve request for New Major Site Plan (NWSP 22-001) for Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. Applicant: Rene Gutierrez, TM Residential LLC. (Tabled from the April 19, 2022 City Commission Meeting.) Explanation of Request: The proposed Shalimar at Boynton Beach development is located at the southwest corner of W. Boynton Beach Boulevard and Knuth Road. The project site is vacant and totals 12.506 acres. The parcel abuts an existing, unimproved 30 -foot wide platted right-of-way that is required to be abandoned prior to permitting (See Exhibit "C" - Conditions of Approval). The subject property is one of the few remaining large vacant lots within the City limits that could accommodate a large-scale mixed-use development without the need for land assemblage. The subject parcel was annexed to the City on December 18, 1990. Concurrent with approval of the annexation (Ordinance 090-61), the City Commission approved the associated Future Land Use Map Amendment and Rezoning application (Ordinances 090-69 and 090-70) to provide the parcel a Local Retail Commercial (LRC) future land use classification and Planned Commercial Development (PCD) zoning designation. The applications also included a Master Plan to construct a Planned Commercial Development consisting of 120,000 square feet, associated parking and site improvements. This approval was vested with the construction and platting of a portion of the site with a gas station and convenience store located at the northeast corner of the original master plan. On June 15, 2021 the City Commission approved a Rezoning application (Ordinance 21-015) to amend the parcel's zoning designation from PCD (Planned Commercial Development) to SMU (Suburban Mixed Use), which was intended to encourage the construction of a well- planned mixed-use development in accordance with a relatively new mixed-use zoning district. A principal purpose of this district is to allow a mix of residential and commercial uses to complement the City's commercial core, provide interconnectivity and minimized travel distances, and contribute to the vision intended for the area. Staff has reviewed this request for a Major Site Plan Modification and Master Plan Modification, and recommends APPROVAL, subject to the accompanying conditions. The Planning and Development Board reviewed the subject applications at their meeting on March 22, 2022 and recommends approval of the Major Master Plan Modification application (MPMD 22-001); however, the board did not recommend approval of the request for New Major Site Plan (NWSP 22-001). How will this affect city programs or services? N/A Page 760 of 946 Fiscal Impact: Development of this property will add to the City's tax roll. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D Staff IRE)port D I ocaboin li ap D D r,,.-,.iwi ings D Coinditioins ofAppirov,-,ill D I E)ttENr D I E)ttENr D DE)VE)k)lPirTIEN11t OrdE)r D AttachirTIEN11t D AttachirTIEN11t Description Staff IRE)port Exhibit A I ocaboin li ap Exhibit IB Rains Exhibit C Coinditioins of Appirov,,.-,ill Exhibit ID FlarkiingDE)irnaind StUidy Exhibit IE Appicaint J LAStificaboin is E)V(.)loprT1E)1['1t OrdE)r Staff Flir'E)SE)intaboin AppIicaint IFlirasa ENI'Itaboin Page 761 of 946 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Luis Bencosme, Planner II DATE: March 17, 2022 PROJECT NAME: Shalimar at Boynton Beach (NWSP 20-004) REQUEST: Approve request for New Major Site Plan (22-001) and Master Plan Modification (MPMD 22-001) to Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) retail buildings totaling 4,300, a 9,850 square -foot clubhouse, and associated site improvements. PROJECT DESCRIPTION Property Owner: SBB 250 SPE LLC Applicant: Rene Gutierrez, TM Residential, LLC Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel & Backman, LLP Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive (see Exhibit "A" — Site Location Map) Existing Land Use: MXL (Mixed Use Low) Proposed Land Use: MXL (Mixed Use Low) Existing Zoning: SMU (Suburban Mixed Use) Proposed Zoning: SMU (Suburban Mixed Use) Proposed Use: Mixed use development with 250 residential dwelling units, 4,300 square -foot of retail space, 9,800 square -foot clubhouse, and associated parking and related site improvements. Acreage: 12.506 Acres Page 762 of 946 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 2 Adjacent Uses: North: Right-of-way for West Boynton Beach Boulevard; further north, developed commercial property classified Local Retail Commercial (LRC) and zoned C3 (Community Commercial). South: City limits; further south, unincorporated Palm Beach County and the Quail Ridge residential golf course. East: Commercial outparcel classified Local Retail Commercial (LRC) and zoned PCD (Planned Commercial Development); further east, right-of- way of Knuth Road followed by a developed commercial property classified Local Retail Commercial (LRC) and zoned C3 (Community Commercial), as well as a developed commercial property classified Local Retail Commercial (LRC) and zoned C1 (Office Professional). West: Platted unimproved right-of-way; further west, city limits followed by unincorporated Palm Beach County and the Quail Ridge residential golf course. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The proposed Shalimar at Boynton Beach development is located at the southwest corner of W. Boynton Beach Boulevard and Knuth Road. The project site is vacant and totals 12.506 acres. The parcel abuts an existing 0.67 -acre platted right-of-way that is required to be abandoned prior to permitting (See Exhibit "C" - Conditions of Approval). The subject property is one of the few remaining large vacant lots within the City limits that could accommodate a large-scale mixed-use development without the need for land assemblage. The subject parcel was annexed to the City on December 18, 1990. Concurrent with approval of the annexation (Ordinance 090-61), the City Commission approved the associated Future Land Use Map Amendment and Rezoning application (Ordinances 090-69 and 090-70) to provide the parcel a Local Retail Commercial (LRC) future land use classification and Planned Commercial Development (PCD) zoning designation. The applications also included a Master Plan to construct a Planned Commercial Development consisting of 120,000 square feet of commercial space, associated parking and site improvements. However, the parcel has remained vacant. On June 15, 2021 the City Commission approved a Rezoning application (Ordinance 21-015) to amend the parcel's zoning designation from PCD (Planned Commercial Development) to SMU 2 Page 763 of 946 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 3 (Suburban Mixed Use), which was intended to encourage the construction of a well-planned mixed-use development in accordance with a relatively new mixed-use zoning district. A principal purpose of this district is to allow a mix of residential and commercial uses to complement the City's commercial core, provide interconnectivity and minimized travel distances, and contribute to the vision intended for the area. The applicant is requesting approval of a Master Plan Modification (MPMD 22-001) and New Major Site Plan (NWSP 22-001), to construct a mixed-use development comprising of 250 dwelling units, two (2) retail buildings totaling 4,300 square feet, a 9,850 square foot clubhouse, and associated site improvements. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. An approval letter from the Palm Beach County Traffic Division, date stamped February 8, 2022, was provided by the applicant. The letter requested that the applicant submit a FDOT conceptual pre -approval letter for the driveway connection onto Boynton Beach Boulevard, which was also provided by the applicant. The traffic study indicates that this project is expected to generate 1,528 net daily trips, 92 net A.M. peak hour trips and 124 net P.M. peak hour trips. School: The proposed development is required to submit an approved SCAD (School Capacity Availability Determination) application to ensure the area schools have adequate capacity to accommodate the potential public -school students who will reside at the project. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). Utilities: The Utility Department has reviewed the proposed Civil Engineering plans and agrees that the City's water capacity would meet the projected potable water demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City's review. The applicant has agreed to implement the necessary drainage solutions. The existing catch basins would be connected to the proposed off-site system. In addition, the proposed drainage manholes would be converted to catch basins, which Page 764 of 946 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 4 would be based on their locations vis-a-vis to the existing catch basins. (See Exhibit "C" - Conditions of Approval). The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. Access: The development has two points of ingress/egress. The main vehicular point of access is located on the north side of the project site, connecting to Boynton Beach Boulevard; the secondary point of access is located on the east side, connecting to Knuth Road. These two points of access are interconnected by a two-way drive -isle to ensure safe, adequate and efficient vehicular circulation throughout the site. The project proposes a well-defined network of pedestrian walkways that provide safe and adequate access to the residential and commercial buildings, as well as the provided amenities and rights-of-way. The project proposes a pedestrian connection to the existing public sidewalk located on the south side of Boynton Beach Boulevard — an integral pedestrian connection that provides access to the existing nearby bus stops located on the south side of the boulevard. In order to provide additional pedestrian connectivity, the Engineering Department is requiring a sidewalk along Knuth Road and connection to the eastside parking area. Parking: The standard off-street parking spaces calculation methodology for the SMU (Suburban Mixed Use) zoning district requires 1.5 parking spaces for one - bedroom dwelling units, and two (2) parking spaces for two (2) or more bedroom dwelling units. The project proposes a total of 250 dwelling units comprised of 48 one (1) -bedroom apartments, 166 two (2) -bedroom apartments and 36 three (3) -bedroom apartments. This standard methodology would require a total of 476 parking spaces for the residential component. Additionally, the code requires the provision of guest parking spaces at a rate of 0.15 spaces per unit, adding 38 more required spaces. The retail buildings require one (1) parking space per 200 square feet of gross floor area, which computes to 22 additional parking spaces based on the aggregate gross floor area of the retail spaces. The parking data included in the Site Plan and Justification Statement does not take into consideration the required parking spaces for the proposed residential recreational/amenity areas, which would include the clubhouse and pool area. Therefore, the project is also required to provide five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of the clubhouse dedicated for leasing or management uses (See Exhibit "C" - Conditions of Approval). Under this standard methodology for calculating required off-street parking spaces, the project would be required to provide 541 parking spaces, as well as additional parking spaces needed for the clubhouse. The applicant has been required to submit floor plans for the clubhouse at time of permitting in order to determine the actual number of required parking spaces needed for the office and management office spaces. The applicant has elected to take advantage of the City's Parking Relief for Sustainability provisions, which includes reduced minimum parking ratios of 1.33 parking space per dwelling unit for one -bedroom apartments, and 1.66 Page 765 of 946 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 5 parking space per unit for two-bedroom apartments. The lower ratio results in a reduction of 76 parking spaces associated with the residential use, and the overall required minimum spaces for the project being 465. The additional parking spaces that may be needed for the clubhouse and pool area will be determined at time of permitting (See Exhibit "C" - Conditions of Approval); however, the projected surplus should be sufficient to support the minimum spaces required for the clubhouse. Also, the applicant is required to submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to construction, and/ or provide operational rules, procedures or strategies needed to off -set the realized deficiency (See Exhibit "C" - Conditions of Approval). Therefore, staff has determined that the proposed number of parking spaces would be sufficient to meet code requirements. The site plan provides a total of 535 parking spaces, including ten (10) handicap parking spaces, six (6) parking spaces supplemented with electric charging stations and 55 compact parking spaces. Landscaping: The Plant List (Sheet L1) indicates that the project would add a total of 272 trees — including 193 canopy trees —146 palm trees, 8,195 shrub specimens, and 15,376 small shrubs/groundcover plants. The plant material is proposed within the required perimeter landscape buffer, within landscape islands, and along the right-of-way. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Verawood, Gumbo Limbo, Green Buttonwood, Bridalveil Tree, Japanese Fern Tree, East Palatka Holly, Queen's Crape Myrtle and Live Oak. At time of permitting, the Landscape Plan must include a minimum of 5 percent butterfly attracting shrub and trees, with a minimum of three (3) species of plant material (See Exhibit "C" - Conditions of Approval). Projects proposed in the Suburban Mixed Use (SMU) zoning district are subject to the front yard "Build -to -Line" provisions, which requires buildings to be located in close proximity to the right-of-way. However, buildings fronting a major arterial roadway (i.e. Boynton Beach Boulevard) may be setback a maximum of ninety (90) feet with the provision of a twenty-five (25) -foot wide landscape buffer, which must include a berm. The project proposes a 25 -foot wide landscape buffer between the parking lot and the Boynton Beach Boulevard right-of-way, which includes the following features and plant material: 1. A 36 -inch tall berm and continuous hedge positioned in the inside portion of the landscape buffer, as well as one (1) tree with a minimum spacing of thirty (30) feet on center; 2. Three (3) shrub species located on the outside portion of the landscape buffer, two (2) of which must be flowering species. Additionally, the project includes landscape buffers along the west, south and east property lines. The landscape buffers consist of canopy trees (i.e. Green Buttonwood, Live Oak, Japanese Fern Tree, Gumbo Limbo and Verawood) spaced approximately 20 feet on center, rows and staggered shrubs (i.e. Page 766 of 946 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 6 Podocarpus, Blue Pungabo, Dwarf Clusia, Nora Grant Ixora and Spanish Stopper) and groundcover (i.e. Jasmine Summer Sunset and Green Island Ficus). The buffer along the south property line incorporates a six (6) -foot tall black vinyl coated chain link fence. The majority of the proposed landscape islands include Live Oak trees and clustered Horizontal Cocoplum shrubs, with several smaller landscape islands consisting of East Platka Holly trees and Horizontal Cocoplum. Lastly, the foundation of each residential and commercial building is softened with Iandcape primarily consisting of a mix of closely spaced palm trees (Solitaire Palm, Montgomery Palm), shrubs (Small leaf Clusia) and groundcover (Green Island Ficus and Blueberry Flax Lily). Building and Site: The project site consist of a single undeveloped parcel —totaling 12.18 acres abutting W. Boynton Beach Boulevard to the north and Knuth Road to the east. The parcel is adjacent to an existing outpacel that is currently develeoped with a gas station. Also, the parcel is adjacent to an existing, unimproved 30 -foot wide right-of-way extending along the entire western boundary of the project. Staff recommends that the unimproved right-of-way be abandoned prior to approval of any permit associated with this project (See Exhibit "C" - Conditions of Approval). The residential component of the project includes ten (10) residential apartment buildings consisting of one (1), two (2) and three (3) bedroom apartments. The taller four (4) -story apartment buildings are located away from the west and south property lines. A lake is proposed at the center of the site, which will include a boardwalk. The commercial component of the mixed use project consists of a 9,850 square foot clubhouse and two (2), 2,150 square foot retail buildings fronting W. Boynton Beach Boulevard. Relative to the floor area ratio (FAR) standards within the code, the Suburban Mixed Use (SMU) zoning district has a maximum allowable FAR of 2.5; the project propoes 0.01. The District also has a maximum allowable density of 20 dwelling units per acre. This requirement limits the project to 250 dwelling units, which is precisely the proposed amount of units. Building Height: The maximum building height allowed in the SMU (Suburban Mixed Use) zoning district is 55 feet. The project propoes various types of residential and commercial buildings, with the tallest building proposed at 38 feet in height — which computes to 17 feet below the maximum allowable height. Setbacks: The SMU (Suburban Mixed Use) zoning district requires no building setbacks from the right-of-way, but rather a 0-90 foot build -to line. Therefore, the retail buildings are proposed at a distance of 90 feet from the W. Boynton Beach Boulevard right-of-way, which is needed to accommodate the required parking and landscape buffer. The buildings are also setback approximately 95 feet from the center line of the abutting right-of-way, 85.5 feet from the south side property line, 79 feet from the easternmost property line, and 77 feet from the eastern property line abutting the gas station out parcel. The proposed setbacks conform to the District's setback requirements. Amenities: The project proposes several amenities for the use of residents, visitors and Page 767 of 946 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 7 patrons. A pathway — enhanced with seating, trash receptacles and landscape — is proposed around the lake. The pathway is connected to several amenities (i.e. dog walk, tot -lot, garden and other play areas). The project also includes a fenced dog park on the south side of the site, between Buildings No. 6 and No. 7. The clubhouse includes a pool area with several barbecue grills. Ten (10) Covered bike rack stations are proposed througout the site, near the building entrances. Lastly, public outdoor seating areas have been incorporated between the retail buildings and clubhouse. Design: The intended architectural style for the project is Floribbean, which is an interpretation of Old Florida Style architecture. This architectural style creates a sense of identity for the area as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical fagade articulation and cool, light colors. The residential and commercial buildings include an extensive use of complementary architectural treatments and finishes. The proposed facades are highly articulated with the use of vertically oriented windows and doors, which are decorated with light blue (SW 7601 — Dockside Blue) shutters and metal awnings. The building walls include horizontal siding (SW 6231 — Rock Candy) and white smooth stucco (SW 7005 - Pure White). Additionally, the roof lines consist of multiple pitched, metal roofs with varying heights. Additionally, the balconies are enhanced with ornamental railings. Sustainability: Mixed use developments consisting of more than 50 dwelling units must provide the required sustainable options (outdoor lighting, butterfly attracting landscape material, electric charging stations and white roof), and achieve a minimum of 25 sustainability points. The development proposes to exceed the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Efficient Cooling - All air conditioners are Energy Star 2 qualified. Minimum SEER 16. Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters or 2 solar water heaters. Cool Roof - Use roofing materials that have a Solar Reflective Index (SRI) 75 for low -sloped roofs (<2:12) or 25 for steep- 2 roofs >2:12 for a minimum of 75% of the roof surface. -sloped Building Color — Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce 2 cooling costs. Accent and trim colors are not limited to these choices. Shade Structures — Where provisions of shade structures are not required per code: Structures such as awnings, screens, 4 louvers, or other architectural devices shall cover a minimum of 50% of glazed openings. Lighting — Provide energy efficient lighting such as LED 1 lighting for building interiors for 100% of proposed lighting. Page 768 of 946 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 8 Energy star appliances — All appliance with in a building are 2 100% energy star. Recycle Station/Dumpster Area — Recycle chute(s) in mixed 1 use districts and dum ster, which include a recycle station. Rain Water Reuse — At least 75% of rain water from the roofs 4 of structures is captured and recycled for landscape irrigation. Nature Path or Trail — Public pedestrian and/or bicycle access to natural elements is provided by a bike or pedestrian path or trail that is at least '/4 mile long and does not intrude on or unduly harm existing natural features. 1 Public pedestrian and/or bicycle access to natural elements is provided by a bike or pedestrian path or trail that is at least 1/2 mile long and does not intrude on or unduly harm existing natural features. Minimum Open Space — Provision of usable common open space in excess of code requirements by up to 20%. The 4 designed space shall not have any dimension less than seventy-five 75 feet. Electric Charging Stations — Provide four (4) over the required 4 number of electric car charging stations. Total Points 29 Lighting: The photometric plan (EPH-1) includes 86 freestanding pole light fixtures, with pole height of 20 feet. It also includes 4 light fixtures mounted to the building walls. The City's Land Development Regulations limits the lighting levels to a maximum of 5.9 foot-candles. The Site Photometric Plan depicts lighting levels below the above-mentioned foot-candles limit. Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The applicant is in communication with the Public Arts Manager regarding the applicable Public Arts requirements, which shall be met prior to permitting. RECOMMENDATION Staff has reviewed this request for a New Site Plan and Master Plan Modification, and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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INC.(581) 968-0080, D' rv+................................................. ......_ 1 wsx n, ve surE IL '°xu r�cxun uccxseLITIN, Digitally sifined SHALIMAR AT —TONBEACH vnxe5 cu xrs eEery clEcm°n c. byJ ...se1 SECTION 30, TOWNSHIP 455., RANGE 43E. 1 - - - xnscaaF. orscry CITY OF BOYNTON BEACH, FLORIDA .c ., cx� �xcxwcnox m°c. %/°/z0 z Farr °h IV SIMMONS WEIITE CONCEPTUAL PAVING. DRAINAGE. jj ccsse +. >unnsx n e. o z 6rvx oc e ,w4 _e ss eo eoTI a+ ns ons Devuerusry Date' z/Ds/av D.x. WATER AND WASTEWATER PLAN 2022.02.08 ° n" 14:35:05-05'0077 E, 1 2 CeTi. $ll c u io s -TE tI(%N VI I Ati I s H[ ja;s" P nzl 1 - �.q (n ; :rel l le .)) I1, o AIVV III I IUAIIVN —IN-- iiia_• EXISTING TREE LIST AND MITIGATION PETER F rocyr�Eia oFrseioessoo.eko'wy STRELKOW°5`s;, o L_6 PLANT LIST ux/coN,.a ou eonga nil mora rca,� ug—vlma IL11 Kent Some 5 a' a:.hown r ,.a.. -.. to N ... 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Digitally signed by PETER F PETERS STRELKOW STRELKOW Date: 202102.08 16:16:59 -05'00' IKITA, , AT ;Iry & Nd IFL`T/A FI T+I S �. a IH9 rv7. 5 .1N I4QU I ,, f1ll ou.:>im vs .'r l µ-1 r 4 0.. LU •l Jnr✓INC; PLANT LIST CODE AND IGI 3 DETAILS n W Z Z o g ry z N N ■ ILL PLANT IJSTry CODS AND DETAILS L 12 N K m to W = CL a ■ a o Sor Q 3 W Q r Z W ■ N L t ri.. , srsr cu Q U a ' .�.�. W o ..�.� .., Oa 5 .1N I4QU I ,, f1ll ou.:>im vs .'r l µ-1 r 4 0.. •l Jnr✓INC; PLANT LIST CODE AND IGI 3 DETAILS ,� II rti► C'i�l �r lit Ie �i41d+Rte. PLANT IJSTry CODS AND DETAILS L 12 7 building color BUILDING TYPE I - ELEVATIONS —1 , , /, I —, `1� Wall mounted equipment ehall be painted to match the building color as permitted by fire. KEY PLAN 1 11 WILDING TYPE II - ELEVATIONS is 1 o A-3.2.1 C MEIEIUE] loll I M 0 N FRONT ELEVATION --------------- ......... . .. I pill .......................... 7' ill :ALE: NOTFS 'IL W.11 btd 21,111t 1h,11 be pliltld by fir, > KEY PLAN .-BULDING-TYPE111- ELEVATIONS IL K111 ��'ANETTIA Ypp 11, A-131 C 11,11,111-11 1:1 El U F-1 Wall mounted equipment shall be p—ted to match the buildr�q color as permltteb by fire. W � (z),z� KEY PLAN BUILDING TYPE IV - ELEVATIONS ... L A-3,4.1 C M El F-1[21-1 SCALE 1/8'=V-0' NOTES: L Wall mounted equipment shall be painted to match ° the bonding colo, ae p—itted by fire. KEY PLAN BUILDING TYPE V - ELEVATIONS a. t/d NOTES; (1 j Wall mountetl equipment shall be painted to metch the building color as permlttetl by fim A3.1 A.1 C CLUBHOUSE - ELEVATION ....... ......... i� .. CH -3.1 C VISUAL IMPACT ANALYSIS VIA- y, ......, c,CROSS SECTION AT BOYNTON BCH BLVD 7A CROSS SECIION AF KNUIH RD, ATf i xI °, c�CROSS SECTION 1 � 4� d � r i r CROSS SECTION AT KNUTH RD (GAS STATION) VISUAL IMPACT ANALYSIS EXHIBIT "C" Conditions of Approval Project Name: Shalimar at Boynton Beach File number: MPMD 22-001 / NWSP 22-001 Reference: 2nd review plans identified as a Master Plan Modification and New Site Plan with a February 10, 2022 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permitting, revise the plans to include the required sidewalk along Knuth Road and pedestrian connection to the X parking area. 2. The sizing of the off-site drainage system shall take into consideration the runoff from Knuth Road. The existing catch basins shall be connected to the proposed off-site system. Also, the proposed drainage manholes shall be converted to catch X basins, based on their locations vis-a-vis to the existing catch basins. 3. At time of permitting, an executed Developer's Agreement with the City shall be in place for the off-site improvements, which the City will share the cost, based on the upsizing of the storm pipe X on Knuth Road. FIRE Comments: 4. Provide turning radius of 25 feet inside and 55 feet outside on the plan for verification in accordance with our largest apparatus X 2018 edition of NFPA 1 18.2.3.5.3 turning radius. 5. Fire department access roads shall have a minimum 20 feet of unobstructed width. (NFPA 1:18.2.3.5.1.1) front entrance out is X 15 feet, existing access road. 6. Access box switches will be required at all gates 1:18.2.2.1. X POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. Page 786 of 946 Shalimar at Boynton Beach (MPMD 22-001 / NWSP 22-001) Conditions of Approval Paae 2 of 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 7. The applicable park impact fees ($148,750) is due at time of permitting. X PLANNING AND ZONING Comments. 8. Per the City's Land Development Regulations, residential recreational/ amenity areas require five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of office use for leasing or management purposes located in recreation buildings or separate structures X (Ch. 4, Art. V, Sec. 2.D.). At time of permitting, revise the parking calculations on the Site Plan (SP -1), Justification Statement and Reduced Parking Statement, to include the additional required parking spaces for the clubhouse. 9. An approved SCAD (School Capacity Availability Determination) application is required. Please submit a letter of approval from X Palm Beach County at time of permitting. 10. Prior to permitting, the applicant is required to initiate a Vacation and Abandonment Application for the abandonment of the platted X right-of-way running along the west property line. 11. At time of permitting, submit floor plans for the retail and club house buildings. Ensure, the floor plans for the clubhouse clearly depict the spaces dedicated to leasing and/ or management X activities. 12. The project includes a request for Parking Reduction for Sustainability. At time of permitting, revise the parking ratios on the documents and drawings to be consistent with the reduced parking ratios permitted for one (1) bedroom apartments (1.33 X space per D.U.) and two (2) bedroom apartments (1.66 space per D.U.), as indicated on the Parking Reduction for Sustainability code section (Ch. 4, Art. V, Sec. 3.G.). 13. Prior to permitting, submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to X construction, and/ or provide operational rules, procedures or strategies needed to off -set the realized deficiency. 14. The parking deficiency indicated on the Reduced Parking Statement is inconsistent with the parking deficiency shown on X the Site Plan (SP -1). At time of permitting, ensure the information Page 787 of 946 Shalimar at Boynton Beach (MPMD 22-001 / NWSP 22-001) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT on both documents matches. 15. The Landscape Plan (L-7) shows that the walkway located on the east side of the northern entry drive would be obstructed by the proposed landscape strip running along the north property line. Correct the drawing to show the walkway connecting to the X sidewalk along Boynton Beach Boulevard and clear of obstructions. 16. An approved Sign Program will be required prior to issuance of any sign permits for the project. Submit a Sign Program application to the Planning and Zoning Division for review and X approval. 17. Two (2) percent of the parking shall consist of handicap accessible parking spaces. The Site Plan (SP -1) depicts a total of ten (10) accessible handicap spaces. At time of permitting, X provide an additional handicap parking space. 18. Per the Parking Reduction for Sustainability provisions, a maximum of 10 percent of the required parking spaces may consist of compact parking spaces. Provide revised parking X calculations and/ or revised parking plan. 19. Replace the parking lot wheel stops with 2 -foot wide overhangs. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Knuth Rd (aka Shalamar)\Shalimar MPMD 22-001 & NWSP 22-001\MPMD 22-001 NWSP 22-001 COA - Post CC.doc Page 788 of 946 SIMMONS & WHITE F 2581 Metrocentre Boulevard West Suite 3 West Palm Beach, Florida 33407 SIMMONS VMITE 0 561.478.7848 1 F 561.478.3738 www.simmonsandwhite.com ENGINEERING I PLANNING I CONSULTING I SINCE 1982 TM Residential, LLC 2601 South Bayshore Drive Suite 1460 Coconut Creek, Florida 33133 Date: February 8, 2022 '1- 11 1 111111 lippliIIIIIIIIIII mi • : 0 0 Bryan G. Kelley, P.E. FL Registration No. 74006 Page 789 of 946 TABLE OF CONTENTS 1.0 SITE DATA................................................................................................................................... 2 2.0 CODE REQUIRED PARKING................................................................................................... 2 3.0 PARKING REDUCTION............................................................................................................. 3 4.0 CONCLUSION.............................................................................................................................4 Page 790 of 946 Shalimar at Boynton Beach Job No. 21-080 Page 12 1.0 SITE DATA The subject parcel is located in the southwest corner of Boynton Beach Boulevard and Knuth Road in the City of Boynton Beach, Florida and contains approximately 12.506 acres. The Property Control Number (PCN) for the subject parcel is 08-43-45-30-24-000-0020. The proposed plan of development is to consist of 250 multifamily dwelling units and 4,300 S.F. of retail with a build -out year of 2026. Site access is proposed via a right in, right out only driveway connection to Boynton Beach Boulevard and a full access driveway connection to Knuth Road. The access on Knuth Road will be exclusively for the multifamily development. The driveway connection on Boynton Beach Boulevard will be for the retail component of the project but residents will be able to exit but not enter from this location. For additional information concerning site location and layout, refer to the Site Plan prepared by MSA Architects. 2.0 CODE REQUIRED PARKING For retail and multi -family residential developments, the City of Boynton Beach Code of Ordinances requires five (5) spaces per 1,000 S.F. of retail, one and a half (1.5) parking spaces per one bedroom dwelling untis, two (2) spaces per two and three bedroom dwelling units, and 0.15 spaces per overall dwelling units for guests. Based on a plan of development consisting of 250 multifamily dwelling units and 4,300 S.F. of retail, the total Code required parking for the proposed development is 536 spaces calculated as follows: 48 One Bedrooms x 1.5 Spaces per D.U. = 72 Spaces 166 Two Bedrooms x 2 Spaces per D.U. = 332 Spaces 36 Three Bedrooms x 2 Spaces per D.U. = 72 Spaces 250 Visitor Spaces x 0.15 Spaces per D.U. = 38 Spaces RESIDENTIAL TOTAL = 514 Spaces 1 Space per 200 S.F. Retail = 22 Spaces (4,300 S.F.) TOTAL= 536 Spaces City Land Development Regulations Chapter 4 Article V Section 3 allows for reductions in off-street parking for sustainability provided that certain requirements are met. The requirements outlined in the City Code include the following provisions: Page 791 of 946 Shalimar at Boynton Beach Job No. 21-080 Page 13 1. Project must be located within one-half (1/2) mile from a reginal transportation facility or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility. 2. A parking study prepared by a professional engineer providing evidence the reduced parking would not adversely affect the property in any way. 3. Additional sustainability requirements outlined in Section 3.G.2.a through Section 3.G.2.p. This traffic study will address Items 1 and 2 above and Item 3 will be detailed in a separate document. As shown in Figure 1 attached to this report, a bus stop is located just west of the project's property line. Figure 2 shows Palm Tran Route #73 connecting the site to the Boynton Beach Tri -Rail station which can be considered a regional transportation facility. Therefore, the project meets the criteria of Item 1 above. 3.0 PARKING REDUCTION Given the nature of the proposed development and the location, actual parking demands are anticipated to be significantly less than the City of Boynton Beach Boulevard Code requirements. As shown on the proposed Site Plan, a total of 498 parking spaces (1.99 spaces per DU) are provided just for the residential area inside the gates. A total of 534 parking spaces are provided overall for the proposed development, a deficit of 2 spaces from the parking code. The ITE Parking Generation Manual (5th Edition) states that the average peak parking demand for multi -family apartment units (Land Use #221) is 1.31 parking spaces per unit and the 85th percentile parking demand is 1.47 spaces per dwelling unit. Therefore, the anticipated average parking demand for the proposed 250 dwelling units is 328 parking spaces and the 85th percentile parking demand is 368 parking spaces. The proposed 498 residential parking spaces will be 130 spaces greater than the conservative 85th percentile calculation and will be sufficient for the proposed development. Additionally, the ITE parking demand rates are consistent with data collected by our office on other multifamily projects. The sustainability reduction in the City Code allows the project to reduce the base parking rates to 1.33 spaces per one (1) bedroom dwelling units and 1.66 spaces for two (2) or more bedroom dwelling units. However, the applicant is only proposing a reduction of 2 spaces. Page 792 of 946 Shalimar at Boynton Beach Job No. 21-080 Page 14 4.0 CONCLUSION As previously stated, there are a total of 534 (498 residential) parking spaces provided on-site which equates to a parking ratio of 1.99 spaces per unit which exceeds the ITE Parking Generation 50th and 85th percentile rates and will result in a surplus of 130 parking spaces. Additionally, the project is located within close proximity to Palm Tran Route #73 that connects to the Boynton Beach Tri - Rail station. Based on the documented data and the reduction of only 2 parking spaces from the Code requirements, the proposed parking is anticipated to be sufficient and not have any detrimental impact to the site or the surrounding community. bk: v/docs/trafficdra inage/sps. 21080 Page 793 of 946 N Figure 1— Bus Stop Location Shalimar at Boynton Beachi�i/ian�''0��yo Project # 21-080 Page 794 of 946 SIMM( NS( "',,, WWHITEI Canyon kidiart Figure 1—Palm Tran Route #73 Shalimar atBoynton Beach Project #Z1,080 00 Bus St Project Location Page 795 of 946 SIMMoNse"%, WHITE P.M. times are shown in bold/Los horarios de P.M. se muestran en negrilla/L6 nan apremidi yo prezante an fonse vveeKaay/ O O Bethesda Hospital Boynton Beach & West Military Bus Stop #6791 Bus Stop#6742 JE'mana / Lasemen O 0 0 Boynton Beach & Boynton Beach Boynton Beach Mall Federal Tri -Rail Bus Stop # 687 Bus Stop#6741 Bus Stop #679 O Boynton Beach Mall Bus Stov # 687 0 Boynton Beach & Federal Bus Sto #6741 5:32 5:45 5:57 6:03 6:18 6:25 6:35 6:47 7:03 7:18 7:30 7:40 7:52 8:03 8:18 8:30 8:40 8:52 9:00 9:15 9:30 9:43 9:55 10:00 10:15 10:30 10:43 10:55 11:00 11:15 11:30 11:43 11:55 12:00 12:15 12:30 12:43 12:55 1:00 1:15 1:30 1:43 1:55 2:00 2:15 2:30 2:43 2:55 3:00 3:17 3:32 3:45 3:57 3:58 4:15 4:30 4:43 4:55 4:58 5:15 5:30 5:43 5:55 5:58 6:15 6:30 6:43 6:55 6:58 7:10 7:25 7:38 7:50 7:58 8:10 8:25 8:38 8:50 Saturday / Sdbado / Samdi O Bethesda Hospital West Bus Stov #6791 O Boynton Beach & Military Bus Sto #6742 O Boynton Beach Mall Bus Stov # 687 0 Boynton Beach & Federal Bus Sto #6741 O Boynton Beach Tri -Rail Bus Stov #679 8:15 8:27 8:42 8:55 9:07 9:15 9:27 9:42 9:55 10:07 10:15 10:27 10:42 10:55 11:07 11:15 11:27 11:42 11:55 12:07 12:15 12:27 12:42 12:55 1:07 1:15 1:27 1:42 1:55 2:07 2:15 2:27 2:42 2:55 3:07 3:15 3:27 3:42 3:55 4:07 4:15 4:27 4:42 4:55 5:07 5:15 5:27 5:42 5:55 6:07 6:15 6:27 6:42 6:55 7:07 Sunday/ Domingo / Dimanch O Bethesda Hospital West Bus Stop #6791 0 Boynton Beach & Military Bus Stop#6742 O Boynton Beach Mall Bus Stop # 687 0 Boynton Beach & Federal Bus Stop#6741 0 Boynton Beach Tri -Rail Bus Stop #679 9:15 9:27 9:42 9:55 10:07 10:15 10:27 10:42 10:55 11:07 11:15 11:27 11:42 11:55 12:07 12:15 12:27 12:42 12:55 1:07 1:15 1:27 1:42 1:55 2:07 2:15 2:27 2:42 2:55 3:07 3:15 3:27 3:42 3:55 4:07 4:15 4:27 4:42 4:55 5:07 5:15 5:27 5:42 5:55 6:07 615 6:27 6:42 6:55 7:07 PARADED I YOUR CONTACTLESS WAY TO PAY GET YOURS NOW AT MYPARADISEPASS.COM 775 P.M. times are shown in bold/Los horarios de P.M. se muestran en negrilla/L6 nan apremidi yo prezante an fonse Weekday/ Semana / Lasemen 0 Boynton Beach Tri -Rail Bus Stop #679 0 Boynton Beach & Federal Bus Stop #6763 0 Boynton Beach Mall Bus Stop # 687 O Boynton Beach & Military Bus Stop #6753 O Bethesda Hospital West Bus Stop #6791 8:20 5:27 5:37 5:45 5:57 6:00 6:11 6:30 6:38 6:54 7:00 7:11 7:30 7:38 7:54 8:00 8:11 8:30 8:38 8:54 9:01 9:12 9:30 9:39 9:56 10:01 10:12 10:30 10:39 10:56 11:01 11:12 11:30 11:39 11:56 12:01 12:12 12:30 12:39 12:56 1:01 1:12 1:30 1:39 1:56 2:01 2:12 2:30 2:39 2:56 3:01 3:12 3:30 3:38 3:55 4:01 4:12 4:30 4:38 4:55 5:01 5:12 5:30 5:38 5:55 6:02 6:13 6:30 6:38 6:50 7:02 7:13 7:30 7:38 7:50 Saturday / Sdbado / Samdi 0 Boynton Beach Tri -Rail Bus Stop #679 0 Boynton Beach & Federal Bus Stop #6763 O Boynton Beach Mall Bus Stop # 687 O Boynton Beach & Military Bus Stop #6753 O Bethesda Hospital West Bus Stop #6791 8:20 8:31 8:44 8:57 9:11 9:20 9:31 9:44 9:57 10:11 10:20 10:31 10:44 10:57 11:11 11:20 11:31 11:44 11:57 12:11 12:20 12:31 12:44 12:57 1:11 1:20 1:31 1:44 1:57 2:11 2:20 2:31 2:44 2:57 3:11 3:20 3:31 3:44 3:57 4:11 4:20 4:31 4:44 4:57 5:11 5:20 5:31 5:44 5:57 6:11 6:20 6:31 6:44 6:52 7:06 Sunday/ Domingo / Dimanch 0 Boynton Beach Tri -Rail Bus Stop #679 0 Boynton Beach & Federal Bus Stop #6763 O Boynton Beach Mall Bus Stop # 687 O Boynton Beach & Military Bus Stop #6753 O Bethesda Hospital West Bus Stop #6791 9:05 9:16 9:29 9:37 9:51 10:20 10:31 10:44 10:52 11:06 11:20 11:31 11:44 11:52 12:06 12:20 12:31 12:44 12:52 1:06 1:20 1:31 1:44 1:52 2:06 2:20 2:31 2:44 2:52 3:06 3:20 3:31 3:44 3:52 4:06 4:20 4:31 4:44 4:52 5:06 5:20 5:31 5:44 5:52 6:06 6:20 6:31 6:44 6:52 7:06 ri ii.. ... iii ffiffln %//% 1 1111 . I'lli..... i / /i //%... . VISI, �To be the premier transportation choice in Palm Beach County. Gw� . z h f -W O O *�",?-.A (PaImTran O II lmtran.or a Public Transportation www. p g 776 Multifamily Housing (Mid -Rise) (22 1 ) Peak Period Parking Demand vs: Dwelling Units On a: Weekday (Monday - Friday) Setting/Location: General Urban/Suburban (no nearby rail transit) Peak Period of Parking Demand: 10:00 p.m. - 5:00 a.m. Number of Studies: 73 Avg. Num. of Dwelling Units: 261 Peak Period Parking Demand per Dwelling Unit Average Rate Range of Rates 33rd / 85th Percentile 95% Confidence Interval Standard Deviation (Coeff. of Variation) 1.31 0.75-2.03 1.13 / 1.47 1.26-1.36 0.22 (17%) Data Plot and Equation x 1,500 PX X'4, X > 1,000 ami X o X X 500 x x x 11XK x X" X 0 200 400 600 800 1,000 1,200 X = Number of Dwelling Units X Study Site - Fitted Curve - - - - Average Rate Fitted Curve Equation: P = 1.34(X) - 8.73 W-- 0.97 Parking Generation Manual, 5th Edition 0 Institute of Transportation Engineers Page 798 of 946 luluu muml Gau-'yr Duumnuy DwayneDwayneIIMckullsu�lla 0 rauu-un G, gDdoin ��p�p � ummml �pi � 13cinni'lllia Pfisku, ,uwOM I13ua IlOriaulr Ek? z,nulhw ii: n es O�ouualu� Ji:„ �a eir I11"l at liew IH .S wD IR ar hlaM IBon d FluV.orrna�,m liuum �. � . WW 1LIP Enc Clofhnnan H11111 a S:rcaQ1111ow Matthew O lma SVVp1;an 4 IYV I.»lulitl a IIkIIVQhVnO'sll Shalimar at Boynton Beach Statement of Use and Justification for Master Plan and Site Plan Southwest Corner of Boynton Beach Boulevard and Knuth Road Knuth Road Trust ("Petitioner") is the owner of the 12.506 -acre parcel ("Property") referenced by Parcel Control Number 08-43-45-30-24-000-0020, which is generally located at the southwest corner of Boynton Beach Boulevard and Knuth Road within the City of Boynton Beach ("City") in Palm Beach County ("County"), Florida. The Property was originally designated LRC, Local Retail Commercial, on the City's Future Land Use Map ("FLUM") pursuant to Ordinance 89-38 and was located within the PCD, Planned Commercial Development, zoning district pursuant to Ordinance 02-013. On June 15, 2021 the City adopted Ordinance 21-014 to amend the Property's future land use designation from LRC to MXL, Mixed -Use Low, and Ordinance 21-015 to amend the Property's zoning from PCD to SMU, Suburban Mixed Use. Copies of the referenced ordinances are attached hereto as Exhibit "A". Petitioner intends to develop the Property as a mixed-use residential and commercial development inclusive of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and 535 off-street parking spaces ("Project"). In order to develop the Property as intended, Petitioner must obtain Master Plan and Site Plan approval. In support of the Master Plan and Site Plan, Petitioner will demonstrate compliance with Chapter 3, Article III, Section 4, SMU Zoning District Regulations, and Chapter 3, Article III, Section 4.D., Site Development Standards, of the City's Land Development Regulations ("LDR"). Petitionerwill also incorporate sufficient design options from Chapter 4, Article XIII, Sustainable Development Options and Points. Chapter 3, Article III, Section 4 — SMU Zoning District Regulations: 1. General Response: The purpose of the SMU zoning district is to implement the mixed use low (MXL) and development of regional impact (DRI) future land use map (FLUM) classifications of the Comprehensive Plan. In order to guide the redevelopment and envisioned growth of the suburban area, the SMU zoning district requires a diversity of land uses, accommodating a mixture of residential, office, retail, recreational, and other miscellaneous uses. The Project offers a mix of mid -rise multi -family residential units and commercial retail that is consistent with the intent of the MXL land use category. The Project also supports development and redevelopment efforts along Boynton Beach Boulevard which is a major thoroughfare in the City. Page 799 of 946 TM Residential Project Narrative 2. Use(s) Allowed. Response: As mentioned, the two uses that are proposed with the Project are multi -family residential and retail, as well as significant lifestyle and recreational amenities for the residents and visitors of the Project. Per Table 3-28, Use Table Matrix, multi -family residential is a permitted use in the SMU zoning district. The specific type of retail designated for the commercial buildings has not been confirmed at this time. However, the Use Table Matrix permits most commercial retail uses in the SMU zoning district and the ultimate use will comply with the City Code. 3. Building and Site Regulations. Response: The Project complies with the building and site regulations forthe SMU district. Specifically, the Project complies with the minimum lot area, minimum lot frontage, minimum setbacks, maximum lot coverage, maximum Floor Area Ratio (FAR), maximum structure height, and minimum open space as depicted on the site plan (SP -1). 4. Parking. Response: Pursuant to the minimum off-street parking standards in Article V, Section 2, the Project is required to provide a minimum of 536 off-street parking spaces. The Project currently exceeds the minimum off-street parking requirement by 1 space, as a total of 537 off-street parking spaces are proposed. 5. Exterior Storage of Merchandise and Equipment. Response: The Project will not have exterior storage of merchandise or equipment. LDR Chapter 4 — Site Development Standards The Project complies with the site development standards set forth in LDR Chapter 4. The standards address environmental protection, landscape design and buffers, exterior building and site design, signage, off-street parking, parking and loading standards, exterior lighting, utility and infrastructure design, building, construction, and historic preservation, flood prevention, excavation and fill regulations, fertilizer use, and sustainable development standards. A tabular summary of the building area, density, height, unit mix, and parking is provided on the site plan (SP -1) and is provided below: SITE INFORMATION SITE AREA 544,777.7 square feet 12.506 acres FUTURE LAND USE MXL Max. 20 DU/Acre = 250 DU ZONING SMU DENSITY 250 DU 20 DU/Acre TYPE OF USE Multifamily Residential, Retail, and Residential Amenities Page 2 of 8 Page 800 of 946 TIM Residential Project Narrative Off -Street Parkin$ Buillding Height Allowed Required As measuredfrom grade to Parapet 55'max. Residential # of units or SF # Spaces I BID @ 1, 5 sp/du 48 units 72 sp 2,BD @ 2 sp/du 166 units 332 sp 3,131) @ 2 sp/dui 36 units 72 sp Visitor @ 15 sp/du 250 units 38 sp Sub -Total 514 sp interior Side (West), Retail @ 5sp/1000sf 4,300 sf 22 sp Grand Total Front (North) go, -C" 53' 6Y sp Lot Coveraige Provided Provided Standard Compact HC Surface 394 sp 55 sp 10 Sp G airage 37 SIP I sp Tandem 38 p Sp Sub -Total 469 s,p 55 Sp 11 sp Total Provided Note: Calt basedon Site Area 535 sp 1�7_77 provided ADA spaces meetADA Standardsfor Accessible De5ign 4A REGULATORY GUIDELINES Buillding Height Allowed Provided As measuredfrom grade to Parapet 55'max. Club House,/ Retall-(12'-6" -1 story) Type I/lH(28'-6'1' 3 story) Type W (38'-O"-4 story) Type, it i- (28',,6"-,3 story� Building Setbad(s Allowed Provided Sijde (East) 101-01, 56'-10" (to I story maint. Room) Side interior (North) 104.041 ;92l.5" We interior (East) 167" XX 77'-10" Height $etbaclk Envelope (Based on BlIdg. Height) Rear (South) Lo 3, Story Bldg. interior Side (West), To 3 Story Bldg. 85'-G" 951-811 Build -to line 90,1_011 Front (North) go, -C" Lot Coveraige Provided % Area Residential 915,094 sf 4,925 sf 4,30O sf Clubhouse Rail Totaetll 19% 104,319 sf FAR Retai I FAR 0,0079 Useable Open Space Required Min, Provided Multifamily Use 20% (108,9156 sf) 2 0.2 7% (110, 4101 sf Note: Calt basedon Site Area Page 3 of 8 Page 801 of 946 TM Residential Project Narrative In addition, the Project provides adequate room for emergency access as shown on the Fire Truck Autoturn Analysis. Bike and pedestrian access into the Project are proposed from Boynton Beach Boulevard. There are also bike and pedestrian paths that connect each residential building to a scenic path around the lake, central to the Property. Chapter 4, Article XIII, Sustainable Development Options and Points The Project exceeds the minimum required Sustainable Development Options and Points as follows: SUSTAINABILITY POINTS Efficient Cooling 2 Efficient Water Heating 2 Cool Roof 2 Building Color 2 Shade Structures for Buildings 4 Lighting 1 Energy Star Appliances 2 Recycle Station/Dumpster Area 1 Rain Water Reuse 4 Nature Path or Trail 1 Minimum Open Space 4 Electric Charging Stations 4 TOTAL 29 As noted above, the Project is designed to provide one (1) parking space less than is required by the LDRs, which is allowable through a Special Reduction for Off -Street Parking for Sustainable in accordance with Chapter 4, Article V, Section 3.G.2 of the City's LDRs. Petitioner will demonstrate below that the Project is eligible for this reduction and meets the development requirements. A Parking Demand Study is also included with this application in support of the requested parking reduction. 1. Applicability a. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. Response: The Property is +/- 50 feet east of the nearest bus stop, commonly referred to as Boynton Beach Boulevard at Quail Covey Road for Palm Tran Route #73. The Property has direct access to the bus stop via the public sidewalk to the north. The Palm Tran Route #73 connects the Property to the Boynton Beach Rri- Page 4 of 8 Page 802 of 946 TM Residential Project Narrative Rail Station, which is a regional transportation facility. As such, the Project is eligible for a special reduction in parking for sustainability. 2. Development Requirements a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. Response: The Project is designed to provide 1,454 square feet more usable open space than is required by code. Additionally, the colors of the building are light, heat reflecting colors that will result in a reduced cooling cost for the building. As such, the Project complies with this criterion. b. Accommodate fuel efficient vehicles through provision of covered and well - illuminated locations with apparatus for parking and locking of bikes and low - powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. Response: Convenient and well -lit locations for bicycle parking are provided in close proximity to each building. In addition, compact vehicle parking is provided in strategic designated locations throughout the Project. As such, the Project complies with this criterion. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. Response: The Project does not propose motorcycle parking spaces. A such, the Project complies with this criterion. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles and disbursed throughout the project to maximize accessibility and convenience. Response: The Project is designed to provide a maximum of ten percent (10%) of the required parking spaces as compact vehicle spaces dispersed throughout the Project to ensure accessibility and convenience. As such, the Project complies with this criterion. Page 5 of 8 Page 803 of 946 TM Residential Project Narrative e. Provide efficiency in parking design including consideration for space -conserving tandem spaces when functionally feasible. Response: The Project incorporates efficient parking design by providing 38 tandem parking spaces dispersed between seven (7) of the residential buildings. f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). Response: The Project is designed to provide six (6) vehicle charging spaces for 250 dwelling units. As such, the Project complies with this criterion. g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. Response: The Project is designed for maximized pedestrian connectivity. Each residential building has direct access to the parking area. A convenient connection is provided to the existing pedestrian network on Boynton Beach Boulevard, which provides safe and efficient connections to the east and west. Additionally, a pedestrian and bike path connect each residentiazl building to the central scenic path around the lake. As such, the Project complies with this criterion. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off -set the realized deficiency. Response: This request entails reduction of only one (1) parking space. There are opportunities to modify the dumpster pick up spaces and/or the maintenance building in the future should an additional parking space be needed to serve the Project. As detailed in the Parking Demand Study, the parking is anticipated to be more than sufficient to meet the demands of the Project. As such, the Project complies with this criterion. L Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. Page 6 of 8 Page 804 of 946 TM Residential Project Narrative Response: The property management will facilitate a ride-sharing/car pool program in the clubhouse to promote these options for residents and employees. As such, the Project complies with this criterion. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. Response: The property management company will maintain bus and train schedules in the management office within the clubhouse that will be accessible to residents and employees. Employees will be designated to maintain and distribute schedule and route information to residents and employees as needed. As such, the Project complies with this criterion. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. Response: The Project is located immediately adjacent to a mass transit stop with a direct connection to the nearest transit facility. As such, no shuttle is necessary. As such, the Project complies with this criterion. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. Response: The property management will include marketing goals targeting residents who work atypical shifts such as those in fields such as law enforcement, medical, and security personnel. As such, the Project complies with this criterion. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low -powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information" Response: The referenced sign and tenant information sheet will be provided. As such, the Project complies with this criterion. n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as Page 7 of 8 Page 805 of 946 TM Residential Project Narrative recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. Response: Appropriate operational rules regulating the maximum number of vehicles per unit and incentivizing a minimization of total vehicle will be established by the property management. As such, the Project complies with this criterion. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. Response: An operation rule will be established and implemented prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the Project. As such, the Project complies with this criterion. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. Response: Petitioner consents to providing a report containing evidence of the continued compliance with the requirements herein upon request by the City. As such, the Project complies with this criterion. In accordance with the foregoing, Petitioner respectfully requests approval for the requested Master Plan, Site Plan, and special reduction in parking for sustainability. Page 8 of 8 Page 806 of 946 Exhibit "A" Prior Approvals Page 807 of 946 1 ORDINANCE NO. 21-014 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 SACA\Ordinances\Planning\Land Use\Knuth Road LUA - Ordinance (Second Reading).Docx Page 808 of 946 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.0000'00"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 party 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 20th day of April, 2021. 62 SECOND, FINAL READING and PASSAGE this 15th day of June, 2021. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 66 Mayor — Steven B. Grant i„/ . ”'"".. 67 68 Vice Mayor — Woodrow L. Hay 69 70 Commissioner — Justin Katz 71 72 Commissioner — Christina L. Romelus 73 74 Commissioner — Ty Penserga "r 75 76 VOTE 77 SACA\Ordinanccs\P1anning\Iand Use\Knuth Road LUA - Ordinance (Second Reading).Docx Page 809 of 946 78 ATTEST: 79 80 47 81 Cr tal Gibson, 82 C 83 C ty Clerk 84 85 86 87 (Corporate Seal) SACA\Ordinances\PIanning\L,and Use\Knuth Road LUA - Ordinance (Second Reading).Docx Page 810 of 946 1 ORDINANCE NO. 21-015 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:\CA\Ordinances\Planning\Rezoning\Knuth Road - Rezone - Ordinance (Second Read).Docx Page 811 of 946 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.90°00'00"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 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 Section„ 3 That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4, All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this 20th day of April, 2021. SECOND, FINAL READING and PASSAGE this 15th day of June, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Cl°stal Gibson, MMC City Clerk (Corporate Seal) VOTE 2 S:\CA\Ordinances\Planning\Rezoning\Knuth Road - Rezone - Ordinance (Second Read).Docx YES NO Page 812 of 946 LOCATION MAP 75 150 300 450 Feet Page 813of 941 %� �/ � � 1 � ' � /I � � '� s'i i ,,,� Aja � � ✓l % ,iii i;, �!i � �l �„� % !/ j� % % J'% i y� (f I�p ✓i /If ��, /r %f%/�, ,% J;,,�� !,,;%� i L, ,i �i, /� j % ,, � `/ 1115230 4.1 .91 Feet Page 814 of 941 i� � � r i�% � i/ � '/ �l % i% „/ G I' I� alt % % � % � ��✓i r � / % % �p ) 115 230 460 690 Feet Page 815 of 946 95 190 380 %t0/%/ Feet ag • of 941 // c, 6, „, �� ✓ i / �( a' ;iii r i, / % / � / i i / � iff � 1 95 190 380 570 %%/ "%///////% //% ,G Feet Page 817of 941 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Rene Gutierrez, TM Residential, LLC 2601 South Bayshore Drive, Ste. 1460, Coconut Grove, FL 33133 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 19, 2022 APPROVAL SOUGHT: Approve the Shalimar at Boynton Beach Master Plan Modification and New Major site Plan applications to construct a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. LOCATION OF PROPERTY: Southwest corner of the intersection of W. Boynton Beach Boulevard and Knuth Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Knuth Rd (aka Shalamar)\Shalimar MPMD 22-001 & NWSP 22-001\MPMD 22-001 and NWSP 22-001 DO.doc Page 818 of 946 Shalimar at Boynton Beach New Major Site Plan (NWSP 22-001) Master Plan Modification (MPMD 22-001) Planning and Development Board: March 22, 2022 City Commission: April 19, 2022 Page 819 of 946 Location Future Land Use: Mixed Use Low (MXL) Zoning District: Suburban Mixed Use (SMU ) Acreage: 12.506 acre Page 820 of 946 101 Location Page 821 of 946 Background The subject parcel was annexed to the City on December 18, 1990. • Local Retail Commercial (LRC) future land use classification • Planned Commercial Development (PCD) zoning designation • Master consisted of 120,000 square feet of commercial space, associated parking, and site improvements. On June 15, 2021 the parcel was rezoned to SMU (Suburban Mixed Use), which was intended to encourage the construction of a well- planned mixed-use development in accordance with a relatively new mixed-use zoning district. Page 822 of 946 Request(s) Master Plan Modification • Approve request for Master Plan Modification (MPMD 22-001) for Shalimar at Boynton Beach to establish project density and intensity, maximum building heights, land use distribution, and vehicle pedestrian circulation design. New Major Site Plan • Approve request for New Major Site Plan (22-001) and Master Plan Modification (MPMD 22-001) to Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) retail buildings totaling 4,300, a 9,850 square -foot clubhouse, and associated site improvements. Page 823 of 946 Proposed Site Plan / Landscape Plan Apartment Buildings: 10 Commercial Building (Clubhouse and Retail): 3 Shade Trees: 272 Palms: 146 Shrubs: 8,195 Small Shrubs/ Groundcover: 15,376 Page 824 of 946 Color Renderings: View from Northeast Page 825 of 946 Color Renderings: View from Boynton Beach Blvd Page 826 of 946 Color Elevations: Residential 3 -Story Im ❑ Or Lj LI —I bwnEetl -,—t -111 he pd mtod M —,h lHw -d, ddtlOr as permlded by rice. 46 r' KEY' PLAN BUILDING TYPE I - ELEVATIONS Page 827 of 946 Color Elevations: Residential 4 -Story IF ❑F IJ ❑ Page 828 of 946 Color Elevations: Boynton Beach Blvd FRONT ELEVATION IZVE I �. 7 Page 829 of 946 CLUBHOUSE - ELEVATION Staff Recommendation Planning & Development Board Comments: 1. The unimproved right-of-way to be abandoned should be left and enhanced with natural plants. 2. Review the plan for additional resident entry points into the residential community such as 2 -way movement for residents at connection to commercial portion of the project. 3. From Bonnie's slide — " Prior to permitting, the applicant is required to See apprev initiate a Vacation and Abandonment Application for the abandonment of the platted right-of-way running along the west property line. 4. Increase existing native plants on the plans 5. Increase mailbox locations (kiosks?) to reduce congestion at the Clubhouse and commercial portion of the project. Page 830 of 946 Staff Recommendation Staff suggest the Commission include the following Conditions of Approval: 1. Modify the plan to improve interior circulation by proposing an additional resident entry point(s) into the residential community such as two-way movement for residents at connection to commercial portion of the project. Provide an updated traffic study once the interior circulation is modified. 2. Relocate the mailbox kiosk or include an additional mailbox kiosk which serves approximately half of the residents within the southern portion of the residential area of the site in an effort to reduce congestion at the Clubhouse and commercial portion of the project. Staff has reviewed this request for a New Site Plan and Master Plan Modification, and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. Page 831 of 946 APPLICATION REQUEST • Master Plan and Site Plan Approval for a Mixed -Use Residential and Commercial development including: • 250 Residential Units • Two 2,150 square foot Retail Buildings • A 9,850 square foot Clubhouse • 535 off-street parking spaces (465 parking spaces required pursuant to Special Reduction for Off -Street Parking for Sustainability) • High End Lifestyle Amenities such as a Resort Style Pool, Tot Lot and Play Areas, Dog Park and Dog Walk Areas, Lakeside Walking Path, Boardwalk, and Gardens PROPOSED LANDSCAPE PLAN All invasive exotic vegetation to be removed 23 Trees and Palms to be preserved or relocated including 1 Slash Pine, 7 Live Oaks, and 15 Sabal Palms 272 Trees to be Installed including 149 Native Trees such as Live Oak, Gumbo Limbo, East Palatka Holly, and Green Buttonwood • 4,392 Native Shrubs to be installed including a mix of Red -Tip Cocoplum, Horizontal Cocoplum, Spanish Stopper, Simpson's Stopper, Wild Coffee, and Dwarf Fakahatchee NO� PART 44 , ju r KNOTH ROAD PROVIDED OPEN SPACE. 8%32 SO F7 IS 77%) OPEN SPACE 24M SOFT (P N%j OPEN SPACE Page 839 of 946 11041C SO FT (2027%) TOTAL OPEN SPACE OPENSPACE FRONT ELEVATION SCALE: coLaHsceeme 1-1 F -I U E —FA NOTES: Cts Wall mounted equipment shall be painted to match the building color as permitted by fire. IO. -------------- --- -FRONT FLEVAIlOW ------------------- - - MUM WIT* ------------ 1 19 flomm Mum I MI El El 12 El 1 11 --d equ pm¢nt sWl 1�;-- 1. mai d, tl,u bulMiny ctrl., bb p-,,— by f .......... 731V-Mrl',.W� 7111M III -ELEVATIONS F') 4MM 1, nl 11-h MI hIIIIJ119 IUII 11 pllll�ttl'd UY KEY PLAN ......................................................... 1., ❑❑` f; ❑ 63, KEY PLAN BUILDING TYPE IV - ELEVATIONS LLv i, n Q � ° ° ° Q ° oa MEIFUE] �A�E,,a.�� o -LE, I-V -5- BUILDING TYPE V - ELEVATIONS Existing Driveway Volumes (Gas Station): TRAFFIC Proposed Driveway Volumes (Project Total Driveway Volumes (Gas Station + Project): The total cars turning into Knuth Road during the peak time will be approximately 1 car every 40 seconds (including the existing gas station trips). The total cars turning into Boynton Beach Boulevard during the peak time will be approximately 1 car every 80 seconds. 11.A. New Business 5/17/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 5/17/2022 Requested Action by Commission: Commission discussion regarding potential height limitations, requested by Commissioner Turkin. 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 861 of 946 11.B. New Business 5/17/2022 Requested Action by Commission: Commission discussion regarding acreage of open space required based on population, requested by Commissioner Turkin. 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 862 of 946 11.C. New Business 5/17/2022 Requested Action by Commission: Commission discussion regarding changing the start time for City Commission meetings to 6:00 p.m., requested by Commissioner Turkin. 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 863 of 946 11.D. New Business 5/17/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 5/17/2022 Requested Action by Commission: Commission discussion regarding adding a dog park in District 111, requested by Commissioner Turkin. 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 864 of 946 11.E. New Business 5/17/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 5/17/2022 Requested Action by Commission: Proposed Resolution No. R22-072 - Approve the Employment Agreement for I nterim City Manager with James Stables and authorize the Mayor to sign the Employment Agreement. Explanation of Request: During the Special Commission Meeting on April 26, 2022, the City Commission unanimously appointed James Stables as Interim City Manager. 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 D RE)S()lLAti0111 DgirEs'E)rTIE)11rl Description RE)S allrAtioin approviir:g IC:::::.ryil lla�ayrTIEsirit gir'EsEsrTIEsirIt Wth Ilr':tEsirlirn City li anagE)r I::.rqployrr1Esir:t gir'E)E)rr1Es1r:t IirrlEsrlirn City I air:agE)r Page 865 of 946 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER WITH JAMES STABLES; AUTHORIZING THE MAYOR TO SIGN THE EMPLOYMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to employ the services of James Stables as Interim City Manager of the City of Boynton Beach pursuant to the City's Charter; and WHEREAS, it is the desire of the City to provide certain benefits, establish certain conditions of employment and to set working conditions for the Employee; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve the Employment Agreement for Interim City Manager with James Stables and authorizes the Mayor to sign the Employment Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Employment Agreement for Interim City Manager with James Stables and authorizes the Mayor to sign the Employment Agreement. A copy of the Employment Agreement for Interim City Manager is attached hereto as Exhibit "A". S:ACA\RESO\Agreements\Einplo}nnent Agreement For Interim City Manager (James Stables) - Reso.Docx Page 866 of 946 23 Section 3. That this Resolution shall become effective immediately upon passage. 24 PASSED AND ADOPTED this 17th day of May, 2022. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner—Aimee Kelley ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Einplo}nnent Agreement For Interim City Manager (James Stables) - Reso.Docx YES NO Page 867 of 946 EMPLOYMENT AGREEMENT INTERIM CITY MANAGER This Employment Agreement (the "Agreement") is made and entered into this day of May 2022, between the City of Boynton Beach (the "City"), a municipal corporation of the State of Florida and James Stables (the "Employee"), pursuant to the following terms and conditions: WITNESSETH: WHEREAS, the City desires to employ the services of James Stables as Interim City Manager! of the City of Boynton Beach pursuant to the City's Charter; and WHEREAS, it is the desire of the City to provide certain benefits, establish certain conditions of employment and to set working conditions for the Employee; and WHEREAS, it is the desire of the City to (1) secure and retain the services of an Interim City Manager and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring the Employee 's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and, (4) to provide a just means of terminating the Employee's services at such time as he may be unable or unwilling to discharge his duties or when the City may otherwise desire to terminate his employment; and WHEREAS, the Employee desires to accept employment as Interim City Manager of the City, in accordance with the terms and conditions set forth herein; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND EMPLOYEE HEREBY COVENANT AND AGREE, AS FOLLOWS: SECTION 1: DUTIES 1.1 The Employee will perform, on an interim basis, the duties and exercise the powers of City Manager as prescribed by state law, the City Charter, and the City Code, and to perform such other legally permissible and proper duties and functions as assigned by the City Commission from time to time. 1.2 The Employee will perform his duties and obligations faithfully, industriously, and to the best of his ability; and will devote his time, attention, knowledge, and skills solely and exclusively to the business and interests of the City. 1.3 To limit the potential for a conflict of interest, Employee will not engage in other business and will be exclusively employed by the City. The Employee will be permitted to serve on 1 The title "Interim City Manager" is synonymous with the term "acting City Manager" 100509848.6 306-06031801 1 Page 868 of 946 uncompensated boards and committees, provided that such service does not interfere with the Employee's duties and responsibilities as set forth herein. 1.4 The Employee will do all things necessary and required to be available to the City, its employees, and to the City Commission consistent with good and respectable management requirements and as otherwise dictated and provided for by the Charter and Code of Ordinances of the City of Boynton Beach, as well as provided by General Law in the State of Florida. 1.5 The Employee will exercise the powers and the duties of the City Manager as they are set forth in Section 2-30 of the Code of Ordinances. Because these duties are high management responsibilities there are no fixed hours to perform these duties. Employee is expected to be in attendance within the City during the City's normal business hours and as otherwise required to meet and consult with the Members of the City Commission and others to fulfill the duties. SECTION 2: TERM 2.1 The commencement date of employment of the Employee will be retroactive to April 26, 2022 and will continue as provided for in this Agreement and subject to all of the terms, conditions, and provisions hereof. 2.2 Employee is an at will employee and therefore this Agreement has no fixed term. SECTION 3: PERFORMANCE EVALUATION 3.1 The City Commission, in consultation with Employee, will define goals and performance objectives which it determines necessary for the proper operation of the City and in attainment of the City Commission's policy objectives. 3.2 At the end of the first 90 days of employment as Interim City Manager, the City Commission will review and evaluate the performance of the Employee. The review and evaluation will be in accordance with specific criteria developed by the City Commission. Evaluation criteria may be modified from time to time by the City Commission provided the Employee is given no less than ten (10) days' notice to employee that the criteria are being changed and the specifics of such change. SECTION 4: TERMINATION 4.1 The Employee serves as Interim City Manager at the will and pleasure of the City Commission. This Agreement may be terminated at any time, with or without cause, with a simple majority (3/5t') vote of the City Commission. No termination vote will be effective unless all five members of the Commission are in attendance and vote. 100509848.6 306-06031801 2 Page 869 of 946 4.2 If the City Commission terminates this agreement without cause or the Employee resigns, the Employee will be compensated on a pro -rata basis of his base salary through his final date of employment in the Interim City Manager position, as well as all accrued and unused vacation leave, and all accrued and unused sick leave, subject to paragraph 4.6 hereof. 4.3 If the City Commission terminates this agreement with cause for misconduct, the Employee will be compensated on a pro -rata basis of his base salary through his final date of employment but will not be entitled to and will forfeit: 4.3.1 payout of accrued and unused vacation leave, and 4.3.2 payout of accrued and unused sick leave. 4.4 In the event the Employee resigns as Interim City Manager, the Employee will give the Mayor and the City Commission at least thirty (30) days written notice prior to the effective date of resignation. The City Commission reserves the right to waive the thirty (30) days' notice and set an earlier effective date of the resignation. 4.5 The Employee will not be entitled to receive any severance payments, irrespective of the method or manner of the termination of this agreement. 4.6 If, in the course of employment as Interim City Manager, the City terminates this Agreement without cause, the Employee is not appointed by the City Commission as City Manager but filling the position, or the Employee resigns from the position of Interim City Manager, the Employee shall immediately and absolutely revert to and assume his prior position as Director of Fire and EMS (a/k/a Fire Chief) for the City under the terms and conditions of his original employment agreement, unless the termination is for cause. 4.6.1 In the event the Employee reverts to his previous employment position pursuant to Section 4.6, Employee's salary in such position will be adjusted by any across-the-board percentage increases authorized by the City Commission to General Employees or any other compensation or benefit added or expanded for General Employees or Directors between the time of the Interim City Manager appointment and reversion to Director of Fire and EMS [Fire Chief] position. SECTION 5: COMPENSATION AND BENEFITS 5.1 The City will pay the Employee for his services rendered pursuant hereto an annual base salary of TWO HUNDRED THOUSAND and NO/100 ($200,000.00) payable in equal bi-weekly payments; paid at the same time as other managerial level employees of the City. This annual base salary will be retroactive to the commencement date of employment as established in section 2.1. 100509848.6 306-06031801 3 Page 870 of 946 5.2 In conjunction with a performance review, the City Commission may increase the annual base salary and/or other benefits of the Employee in such amounts and to such extent as the City Commission may determine is proper and appropriated. 5.3 The Employee will be entitled to sick leave, holidays, and vacation leave at the same rate and in the same manner as regularly provided to regular employees of the City, as set forth in the City's Personnel Manual, as may be amended from time to time, as well as the Management Incentive Package. 5.4 The Employee will be entitled to family coverage for medical, dental, and vision insurance, short- and long-term disability insurance, and accidental death and dismemberment insurance. The premiums of the aforementioned will be paid for by the City. 5.5 The Employee will be entitled to a Health Savings Account (HSA) with an annual contribution by the City at the maximum family contribution level as prescribed by the Internal Revenue Service (IRS). 5.6 The City will continue to contribute into the Employee's deferred compensation/retirement program in accordance with the Employee's previous employment agreement as Director of Fire Rescue Services. 5.7 The City will provide the Employee with a vehicle which will be used for City and unlimited personal use within the State of Florida. The City will be responsible for paying the liability, property damage, and comprehensive insurance, for the purchase or lease of such vehicle, and all expenses of operation, and maintenance/repair of the vehicle. 5.8 The City will provide the Employee with a computer, cell phone, and other related electronic devices as the Employee may deem necessary to fully discharge his duties and in accordance with the City's policies. 5.9 The City will reimburse the Employee for all business-related expenses arising from the execution of his duties as Interim City Manager, and hereby authorizes the Finance Director to disburse such monies upon receipt of duly executed expenses or petty cash vouchers, receipts, statements, or personal affidavits. 5.10 The City will pay for the registration, travel, and subsistence expenses of the Employee in his role as Interim City Manager for official city travel, meetings, and conferences, as approved by the City Commission, in furtherance of both his professional development as well as general city business. SECTION 6: OTHER TERMS AND CONDITIONS 6.1 To the extent permitted by law, the City will defend, save harmless and indemnify the Employee against any tort, professional liability claims or demand, or other legal action 100509848.6 306-06031801 4 Page 871 of 946 arising out of an alleged act or omission occurring in the performance of his duties as the Interim City Manager. 6.2 Amendments to this agreement will be approved in the same manner as the approval of this Agreement. The compensation and benefits set forth in the Agreement replace the compensation and benefits set forth in the Employee's Agreement as Director of Fire Rescue Services. 6.3 If any clause, section or other part or application of this Agreement will be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application will be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. 6.4 The effective date of this Agreement will be the date it is last signed by the Mayor, following City Commission approval, and by the Employee. IN WITNESS WHEREOF, the parties sign and execute this Agreement. CITY OF BOYNTON BEACH, FLORIDA Date: Ty Penserga, Mayor EMPLOYEE / INTERIM CITY MANAGER Date: James Stables ATTEST Date: Crystal Gibson, City Clerk APPROVED AS TO FORM Date: James A. Cherof, City Attorney 100509848.6 306-06031801 5 Page 872 of 946 12.A. Legal 5/17/2022 Requested Action by Commission: Proposed Ordinance No. 22-013 - First Reading - Approve amendments to the Land Development Regulations, Chapter 3, Article 111. Zoning Districts and Overlay Zones; Chapter 3, Article IV, Section 5. Nonconforming Uses; and Chapter 4, Article IX, Section 6. Historic Preservation Requirements to promote, incentivize and facilitate the preservation of historically -designated properties in the City. Explanation of Request: The subject amendments are being proposed to promote the City's Historic Preservation Program. The proposed amendments pertain to proposed property improvements, non -conforming characteristics of historic properties, and potential internal conflict between initiatives within redevelopment plans and preservation objectives. The amendments are being proposed by the City's Historic Resources Preservation Board (NRPB) in response to, in part, the magnitude of previous demolitions of historic houses, recent inquiries regarding desired modifications to historic structures, and the possible conflict between redevelopment plan design standards and preservation initiatives. The proposed amendments can be viewed in their entirety as attachments to this item and are briefly described as follows: 1. Exemptions from or reductions in Zoning Standards — The intended standards have been placed in a "Modified Building Standards" table within the Preservation chapter, to match the existing format of the Zoning Regulations. Many of the historic homes in the City are relatively small, and located on proportionally small lots with minimum space to expand. Further, many of the older homes are now non -conforming to current day lot standards such as setbacks and maximum lot coverage. Although the original preservation program was written with a provision that supports zoning variances if needed, the proposed amendments would eliminate the uncertainty, cost and time associated with the variance process, as well as the challenge of proving hardship by both the applicant and staff. The exemptions or reduced standards would apply to minimum lot size, minimum frontage, minimum living area, minimum setbacks, and maximum lot coverage. Appropriate cross-references will be added to the corresponding Building and Site Regulation tables in the Zoning Regulations. 2. Addressing conflict with redevelopment plan initiatives — The design standards written for the mixed-use districts that implement the Community Redevelopment Plan require an assembly of an entire block frontage to provide continuity in the ultimate streetscape and "street wall". The subject amendments would allow for an exception when interrupted by a designated historic site. The proposed amendment is intended to prevent blockage of the redevelopment project or pressure being applied to encourage the sale of the historic site. 3. Exceptions for non -conforming uses — There exists within the City historic duplex and multi -family residential buildings that are located within single-family or commercial zoning districts, and therefore, may be construed as "non -conforming uses" by Zoning Regulations. The proposed amendment would exempt designated sites from the Nonconforming Use regulations of the Code thereby allowing maintenance and site improvements without the restrictions that accompany a non -conforming use. 4. Review of demolition requests — The current preservation program requires specific and rather significant actions to be taken by property owners, staff and the HRPB in response to applications to demolish Page 873 of 946 historically -designated properties. Such actions are intended to review the potential loss of historic sites for proper justifications, to review what is planned to replace the historic structure, to possibly require salvaging of specific features, and, at minimum, to create a record of the historic asset. The proposed amendments would allow the establishment of a list of properties that would represent the most worthy of preservation according to the review criteria in the Program, which would treated similarly to a designated property. The selection process would involve a visual survey of current condition of the properties, including updating the list by identifying, and excluding, those properties that no longer exist. The Board would also include this list for frequent communications to educate property owners about the preservation program, including the financial benefits, and importance of property maintenance. The benefits of this priority property list also supports other preservation program initiatives such as public outreach, inventory updating and for historic district consideration. Staff supports the proposed amendments to promote implementation of the City's Historic Preservation Program. I n addition to the justifications stated herein, it should also be noted that some of the amendments are needed immediately to address current matters involving home expansion plans, anticipated demolition applications, and non -conforming historic properties. How will this affect city programs or services? Amendments should increase applicability of, and incentivize interest in, the Historic Resources Preservation Program. Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D f firdliir:air CE) D Staff IRE)p.:irt D rT1E)i:drT1E)1[':f D rT1E)i:drT1E)1[':f D f fflh E)r Description f firdliir:a l['IC2, a irTIE)i:dliir g II.....air:dIC: EWE)ll )pirm'I:t REsIgLAa atlioir s for Il lllia:>torlic IC lir'EssEsir�,..:itlia�air: Staff IRE)p '.:ir t Flrol c.SE: ,d irTIE)i:dirTIEN[ is l lllia:>torlic IClir'EsIS sir'vaitlia�air: Pirogira irn rol c. SE: ,d ... irTIE)i:dirTIENI':fa.> .........0111iiir:c REsgLAatioins Staff IFlirE)SE)irntaflioin Page 874 of 946 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 ORDINANCE NO. 22 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 3, ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES; CHAPTER 3, ARTICLE IV, SECTION 5. NONCONFORMING USES; AND CHAPTER 4, ARTICLE IX, SECTION 6. HISTORIC PRESERVATION REQUIREMENTS TO PROMOTE, INCENTIVIZE AND FACILITATE THE PRESERVATION OF HISTORICALLY -DESIGNATED PROPERTIES IN THE CITY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the subject amendments are being proposed to promote the City's Historic Preservation Program.; and WHEREAS, these amendments pertain to proposed property improvements, non- conforming characteristics of historic properties, and potential internal conflict between initiatives within redevelopment plans and preservation objectives; and WHEREAS, the amendments are being proposed by the City's Historic Resources Preservation Board (NRPB) in response to, in part, the magnitude of previous demolitions of historic houses, recent inquiries regarding desired modifications to historic structures, and the possible conflict between redevelopment plan design standards and preservation initiatives; and WHEREAS, the City Commission of the City of Boynton Beach has considered the 27 recommendations and has determined that it is in the best interest of the citizens and 28 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 29 Development Regulations as contained herein. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY U S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3 And Ch 4)(Historical Preservation Requirements) - Ordinance.Docx Page 875 of 946 31 OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified 33 and confirmed by the City Commission. 34 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 35 "Zoning", Article III "Zoning Districts and Overlay Zones"; and Article IV, Section 5, 36 "Nonconforming Uses", are hereby amended as follows: 37 See Exhibit "A" attached hereto and incorporated herein by reference. 38 Section 3. City of Boynton Beach Land Development Regulations, Chapter 4, 39 Article "IX", Section 6 "Historic Preservation Requirements" are hereby amended as follows: 40 See Exhibit "B" attached hereto and incorporated herein by reference. 41 Section 4. Each and every other provision of the Land Development Regulations 42 not herein specifically amended, shall remain in full force and effect as originally adopted. 43 Section 5. All laws and ordinances applying to the City of Boynton Beach in 44 conflict with any provisions of this ordinance are hereby repealed. 45 Section 6. Should any section or provision of this Ordinance or any portion 46 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 47 affect the remainder of this Ordinance. 48 Section 7. Authority is hereby given to codify this Ordinance. 49 Section 8. This Ordinance shall become effective immediately. 50 FIRST READING this 17th day of May, 2022. 51 2 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3 And Ch 4)(Historical Preservation Requirements) - Ordinance.Docx Page 876 of 946 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 SECOND, FINAL READING AND PASSAGE this day of June, 2022. ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner—Aimee Kelley 3 VOTE YES NO S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3 And Ch 4)(Historical Preservation Requirements) - Ordinance.Docx Page 877 of 946 IM 17n = Sec. 1. Overview. A. General. Pursuant to CIh ri2,L i li 11 sn II II ID sn".ilicir .B. an given parcel of land in the .................................................................................................................................................................. Y g city shall have a zoning district that corresponds with the Future Land Use Map (FLUM) classification of the Comprehensive Plan. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL R-1 R-1 R- R-1 R- R-3 IPUD PUD MHPD AAB AA 1A 13 2 Duplex 13 Multi Density (dwelling units per 5 5.5 6 7.5 10 11 Flexible10 Flexible10 Flexible10 acre): Project Area, Minimum N/A N/A N/A N/A N/A N/A N/A 5+ 10+ (acres) Lot Area per unit, 9,000 8,0008 7,500 6,000 4,500 4,00012 Flexible Flexible 4,200 Minimum (square feet): Lot Frontage, Minimum 90 75 60 60 75 100 Flexible Flexible N/A (feet): Living Area, Minimum A/C 1,800 1,600 1,400 1,200 750 750 Flexible Flexible N/A (square feet): Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% N/A N/A Floor -Area -Ratio (FAR) for N/A N/A N/A N/A N/A N/A N/A N/A N/A Non -Residential, Maximum: Structure Height, Maximum 30 30 30 30 30 456 457 456 30 (feet): Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 Flexibles Flexibles 20 Interior side: 10 108 7.5 7.5 10 20 Flexibles Flexibles 5 Corner side: 254 254 254 254 254 40 Flexibles Flexibles 1011 Rear: 204 204 204 204 254 40 Flexibles Flexibles 1011 Special rear yard setback Maximum Percentage of Reduction: reductions for 1 -story building additions abutting: 1-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A Intracoastal Waterway 50% 50% 50% 50% N/A N/A N/A N/A N/A (ICWW): Page 878 of 946 Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A Perimeter wall abutting non-residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 3 3 9 9 11 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed by administrative adjustments. 2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building line of a legally non -conforming single-family structure, or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning, required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30) feet. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 6. See Note #5 for additional setback requirements relative to building height. 7. A lesser building height may be required for compatibility with adjacent properties. See Note #5 for more setback requirements relative to building height. 8. The minimum lot area shall be seven thousand, five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7-1/2) feet for properties developed and/or platted prior to June 13, 1975. 9. Total usable open space shall be calculated at two hundred (200) square feet per dwelling unit (also see Chapter 4, Article III, Section 8.). Page 879 of 946 10. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the setback required for a single-family residence. 12. Multi -family dwellings and group homes require four thousand (4,000) square feet. All other uses allowed in R-3 require twenty thousand (20,000) square feet. 13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan, that (1) were originally platted or (2) were existing parcels as of April 1, 2020 may use the development regulations within this section to develop a single-family residence: C. Non -Residential Building and Site Regulations (Table 3-2). NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID REC PU Density (dwelling units per acre): N/A N/A N/A N/A N/A N/A N/A Flexible11 N/A N/A Project Area, Minimum (acres) N/A N/A N/A N/A N/A 311 N/A 2511 N/A N/A Lot Area, Minimum (square feet): 9,000 5,000 15,000 5,000 15,000 Flexible 10,000 Flexible 43,560 8,000 Lot Frontage, Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth, Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverage, Maximum: 40% 40% 40% 40% 75%18 40%11 60% 60% N/A N/A Floor -Area -Ratio (FAR), Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 0.50 1.00 Structure Height, Maximum (feet): 304 259 45 45 45 45 45 45 45 45 Building Setbacks, Minimum (feet)14,: Front 30 30 20 25 0 40 15 30 25 2513 Rear 20 20 202 205 206 40 203 30 25 2513 Interior side 10 15 01 155 0 30 154 20 25 1513 Corner side 10 20 20 155 87 30 15 30 25 1513 Building Setbacks, Minimum if abutting Page 880 of 946 a residential district (feet)' a,: Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A 1. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one (1) side. 2. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half (1/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 3. Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet. 4. Where rear yard abuts a paved alley or street, then no side setback shall be required. 5. Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10) feet and no side yard shall be required, except on corner lots. 6. Where rear property line abuts a public street or alley, rear yard setback may be reduced to eight (8) feet at first floor level, in which case, no setback shall be required at all other floor levels. 7. Eight (8) feet is required at first floor level. No setback shall be required at all other floor levels. 8. Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line. However, setbacks are measured from the mean high water line if the body of water is under the same ownership as the subject property. 9. Buildings designed with under -story parking shall be allowed a maximum building height of thirty-five (35) feet but only with conditional use approval. 10. The total ground floor area of all buildings and accessory structures shall not exceed forty percent (40%) of the plot on which they are constructed. 11. Contiguous acres. 12. Residential uses are only allowed within a mixed use pod of a PID that has a DRI future land use classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DRI. 13. For hospital buildings, additional setbacks in excess of thirty (30) feet shall be required for any height over forty-five (45) feet. The additional setback shall be measured by calculating three (3) additional feet of setback for each foot in height above forty-five (45) feet, not including minimal rooftop equipment that are eligible for height exception pursuant to Chapter 2, Article II, Section 4. 14. Overlay regulations may apply. See Section 8 for regulations pertaining to overlays. E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, URBAN 13,14 MU -1 MU -2 MU -3 MUS MU -C Page 881 of 946 MIXED USE, URBAN 13,14 MU -1 MU -2 MU -3 MU -4 MU -C Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 1002 1502 2002 2002 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)' 45 65 75 100 150/1254 Maximum Density (DUs/Acre)", 12 20 40 50 60 80 Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 07 07 07 07 07 Interior side 07 07 07 07 07 Building Setback, Minimum (ft.)' Rear abutting: Residential single-family 255/05,6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05,6 255 255 255 255 Usable Open Space, Minimum (sq. ft )9 N/A N/A 0.5% 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 3. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet consistent for a depth of a minimum of thirty (30) feet. Heights may require reduction where Page 882 of 946 adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. Height bonus may be granted through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 6. Where there is an intervening right-of-way of at least forty (40) feet. 7. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the minimum width and design of the PZ. The minimum PZ is comprised of three components: 1) a five (5) foot wide street tree area, measured from the back of the curb, or future curb on roads requiring a right-of-way dedication, 2) an eight (8) foot wide sidewalk (ten -foot (10') wide sidewalk when located within the Downtown District, as defined by the Community Redevelopment Area Plan), free from obstructions, measured from the centerline of street trees, and 3) an eight -foot (8') wide active area, measured from the sidewalk. The PZ components may vary in placement order only on sites with conflicting right- of- way regulations. See Section 5.C.2 below for additional relief provisions from build -to line requirements. 8. Locally registered historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, irtk 11„e S„e(:1ji„q„irn 8 for additional regulations. 10. Projects within the Downtown Transit -Oriented Development District (the Station Area) shall have minimum densities as follows: MU -1 - fifteen (15), MU -2 - twenty-five (25), MU -3 - thirty-five (35), MU -4 - forty-five (45) and MU -C - sixty (60) dwellings per acre. 11. Projects within the Downtown Transit -Oriented Development District (the Station Area) shall have a minimum FAR as follows: MU -3 - one and three-quarters (1.75), MU -4 (2.0) and MU -C - two (2.0). Maximum FAR for MU -3 may be increased to 3.5 if abutting property with the Mixed Use High future land use classification. 12. The maximum density for projects within the Downtown Transit -Oriented Development District (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. 13. Mixed use projects within urban mixed use zoning districts will meet ground floor COMMERCIAL USE requirement by including commercial uses serving the general public such as retail, restaurants, bars, entertainment, personal services, and offices. Resident -only serving amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition to the above uses, but shall not fulfill the commercial requirements. 14. Residential -only projects within MU -1, MU -2, and MU -3 zoning districts located within the Federal Highway District and the Heart of Boynton District, as defined by the Community Redevelopment Area Plan, will meet ACTIVE USE requirement by using design features - including street -fronting access - to allow residential use to engage with the street and provide the opportunity for interaction. Such features may be combined with building amenities such as lounges, gyms, common rooms, and recreation spaces on the ground floor. Page 883 of 946 Sec. 5. Nonconforming Uses. A. Definition. ee Iw..:s.I.............1.!...s........, Definitions. B. Existing Uses. 1. General. Any lawful use of land or structures existing on the effective date of the adoption or amendment of these zoning regulations, but which would become a nonconforming use under the terms of these Regulations or future amendments hereto, shall be permitted to continue, subject to the provisions of this section pertaining to its extension, alteration, reconstruction, business tax renewal, discontinuance or change. Any use or structure in lawful existence at the time of adoption or amendment of these zoning regulations which would thereafter require a conditional use approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review, and approval as a conditional use according to the procedures and standards set forth in these zoning regulations for conditional use approvals. However, if approval of a conditional use is not granted for such use or structure, then it shall continue to be construed as nonconforming. Any enlargement, increase, extension, or intensification of a use or structure would require such approval as if it were a new use or structure. Any alteration or movement of such use which the Development Director finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use approval, but shall conform to all other applicable provisions contained in the Boynton Beach Land Development Regulations. 2. Exclusions (Ordinance 12-010). Any legally conforming use with previous city approval or in possession of an active Business Tax Receipt and/or Certificate of Use at the time of this ordinance, but no longer listed as permitted or conditional in the zoning district in which it is located pursuant to Ordinance 12-010 shall continue to be considered conforming to the extent that it may expand business operations and/or associated building by up to twenty percent (20%), provided it does not expand onto an abutting lot. This same provision shall apply to the Land Use Option(s) of individual lots depicted on the Quantum Park Master Site Development Plan. C. Nonconforming Use Limitations. 1. Use of Land. No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of these Regulations, unless such use is subsequently changed to a use permitted in the district in which such use is located. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment to these Regulations, nor shall such nonconforming use be moved to any other parcel or located in any district within which said use is not permitted. No additional structures or buildings shall be erected in connection with such nonconforming use of land. 2. Use of Structures. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any Page 884 of 946 land outside the building or structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these Regulations. No structure used for a nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, unless the use is changed to one which complies with the provisions of these Regulations. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of non-bearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five percent (25%) of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these Regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. D. Change of Use. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Q I".r'ir , iii„SII„' IIS, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these Regulations. E. Discontinuance. If for any reason a nonconforming use of land, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. The issuance or existence of a required business tax receipt, permit, or other governmental authorization to conduct such nonconforming use shall not mean that the use has not ceased, but that the lack of the same shall create a refutable presumption that the use has ceased. F. Nonconforming Lots/Structures. See QIh r.Ng: [ iIicle V, Section 11 for the regulations pertaining to nonconforming lots and structures. G. es..2is Historic ices llhe resli ucLonx of UIlnlix c tlicn UIln l Iliirnii[ Ule cxtcinxiici1 ................................................................................................................................................................................................................................................................................................................................................................................................ nnlllcra,Licin ureconxlruCLO,112. Ilou§ncxx lax ucinew,a,lsconL nuan c or cIhan . c c� ancon cunfcrimiiun . N.....................................................................................................................N. �.�x of r u c r u td2 a �� ..� ! �.,� � � IIS t2 �.,� . it ..� p .. irjy that u .� II a .� t .. d ..� a �� the ., u � � .� II �.... a .� � .. it ..�f II N u .� t..� ire .. II II �.,� ....s. Page 885 of 946 EXHIBIT "B" HISTORIC PRESERVATION - EXCERPTS FROM LDR Ch. 4, Art. IX, Sec. 6. Historic Preservation Requirements. A. General. 1. Purpose and Intent. These provisions are designed to identify, protect, restore and encourage the reuse of Resources, all of which are essential to the City's health, safety, morals and its economical, educational, cultural, and general welfare. These valid public purposes shall be fulfilled by the ordinance, to achieve the following goals: a. Preserve, protect, enhance and perpetuate Resources which represent distinctive and significant elements of the City's historical cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; b. Ensure the harmonious, orderly, and efficient growth, prosperity and development of the City through retention and reuse of its historic and cultural Resources; c. Strengthen civic pride and cultural stability through neighborhood conservation; d. Contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its Resources; e. Protect and enhance the city's historic, cultural and architectural attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; f. Promote the use of Resources for the education, pleasure, and welfare of the people of the City; g. Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions with in the city's historic districts and neighborhoods; h. Protect ani„ enhance the scale, character and stability of existing neighborhoods, and protect against destruction of or encroachment upon areas which contribute to the character of the City; i. Facilitate the creation of a convenient, harmonious and attractive community, and protect the architectural beauty, special architectural features, and special landscape features of the City; j. Avoid demolition, or other adverse effect on historic properties (Properties) and Districts, which would cause an irreparable loss to the City; k. Assist neighborhoods to achieve a positive neighborhood identity and sense of place. i,l a. In addition, these provisions are designed to implement, be consistent with, and assist in the achievement of the goals, objectives and policies, as specifically required by the City's Comprehensive Plan, with respect to historic, conservation, and neighborhood Resources. 2. Terms and Definitions. See ........ , .:. s.l.....I....... 1[:�.Il..11.e....,llll for all applicable terms and definitions which pertain to the historic preservation regulations and standards contained herein. 3. Certified Local Government Review. The City Commission is a Certified Local Government (CLG) approved by the Florida Department of State, Division of Historical Resources. The City Commission as a CLG is required to participate in the Florida National Register of Historic Places nomination process, be involved in the Section 106 process, and is eligible to receive grants from the Certified Local Government Section of the Florida Department of State, Historical Resources Grants -In -Aid program. 4. Unsafe Buildings and Structures. Should the Building Official determine that a Historic Property (either designated or 910ryiH19 fr\r nr4ACGO.-lor.-tir-n fr\r esigRatieRon the list of "potentially significant" sites) or a Property within a Historic District is unsafe, the Planning and Zoning staff and Historic Resources Preservation Board shall be notified of such findings. Within applicable laws and regulation, the Building Official shall endeavor to have the Resource repaired rather than demolished and shall take into account any comments and recommendation by the Board. The Board may take appropriate actions to Effect and accomplish the preservation of the Resource, including, but not limited to, negotiations with the owner and other Interested Parties, provided that such actions do not interfere with the Florida Building Codes. In the case where the Building Official determines that there are emergency conditions dangerous to the life, health or property on a designated or inventoried site or Property within a Historic District, and timely Demolition is the only course of action, the Building Official may order the Demolition and notify the Planning and Zoning Division of the impending action. In this instance, a Certificate of Appropriateness will not be required and the Historic Resources Preservation Board will promptly be notified of the action being taken. 5. Waiver of Technical Requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration or moving of Buildings may not be mandatory for those Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places, when evaluated by a Florida registered architect or engineer and demonstrated to the Building Official to be safe and in the public interest of health, safety and welfare. Resources or portions thereof that do not strictly comply with the Florida Building Code may be considered to be in compliance, if it can be shown to the satisfaction of the Building Official that equivalent protection has been provided or that no hazard will be created or continued through noncompliance. (Life safety and property conservation shall be provided in accordance with Chapter 11, Sections 1105 and 1106 of the 2007 Florida Building Code, or as subsequently amended). Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive exemption from accessibility requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007 Florida Building Code, or as subsequently amended, the Building Official may determine that compliance for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the Building, in which case the alternative requirements in Chapter 11, Section 11-4.1.7(3) may be utilized). 6. Modified Development Standards for Registered Historic Structures. Locally registered historic structures may use the development standards within this section. These provisions apply to single-family, two-family, or multi -family structures within single-family zoning districts, and residential or commercial uses within non-residential zoning districts, including improvements to said structures and properties that are approved through the Certificate of Appropriateness process. Proposed improvements to said structures and properties shall be reviewed according to the following requirements: Modified Residential Building and Site Development Standards- Historic Sites Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): N/A Lot Coverage, Maximum 10% increase over the maximum allowed within the zoning district. Note: If applicable per City procedures, site improvements are subject to review for compliance with City drainage requirements. Building Setbacks Existing non -conforming setbacks shall not preclude attached or detached building additions or expansions; however, non -conforming setbacks shall not be worsened. Additional restrictions may apply to 2nd floor improvements to minimize impacts upon abutting properties. a Modified Non -Residential Building and Site Development Standards — Historic Sites Project Area, Minimum (acres): N/A Lot Area, Minimum (square feet): N/A Lot Frontage, Minimum: N/A Lot Depth, Minimum: N/A Lot Coverage, Maximum 10% increase over the maximum allowed within the zoning district. Note: If applicable per City procedures, site improvements are subject to review for compliance with City drainage requirements. Building Setbacks, Minimum (feet): Existing non -conforming setbacks shall not preclude attached or detached building additions or expansions; however, non -conforming setbacks shall not be worsened. Additional restrictions may apply to 2nd floor improvements to minimize impacts upon abutting properties. 7. Administrative and Board Approval of Zoning Code Variances. Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive variances to zoning code regulations, if such regulations would adversely impact or threaten the historic significance of the Resource, or have the result of discouraging the designation and/or preservation of historic sites. The responsibility for review and approval of an application for a variance in association for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places will rest with staff, unless the corresponding Certificate of Appropriateness requires Historic Resources Preservation Board (NRPB) action, in which case the HRPB will have review and approval responsibility. Such requests for variance shall be made on a separate application, approved by the Board. Said application fee and other applicable charges shall be established by resolution adopted by the City Commission. 8. Sustainable Building Practices. The application of sustainable, energy efficient and green building practices to improvements associated with historic properties is encouraged whenever they are compatible with best historic preservation practices. Whenever possible, equipment such as solar panels, wind generation devices, mechanical equipment etc., should not be affixed to the building, but sited in the rear or side yard locations and fully screened with landscaping, fence or wall. When placement upon the building is unavoidable, such equipment as well as skylights, shall be located on a non -character defining elevation or roof slope that is not visible from the street. In no instance, shall the equipment be allowed to be placed upon any character defining feature. Expedited review shall be afforded to those applicants who propose the placement of such equipment on other than the building facades or roof. B. Designation of Historic Properties and Districts. 1. Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District at least 50% of the Buildings shall normally be at least fifty years old. Buildings shall also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City's history; or b. Association with the lives of persons significant in the City's past; or c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. 2. Criteria Considerations. Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or g. A property achieving significance within the past 50 years if it is of exceptional importance. )l . 3. Procedures. See Chairrteir 2, Article II II. Section 3. 4. Removal of Designation. A designation may be removed by the City Commission based upon the Board's recommendation. Such recommendation shall be based upon new and compelling evidence and evaluation of work or natural cause producing an adverse effect to a Property or District. The same guidelines and the same procedures established for designation shall be considered for a removal of designation. 5. Designation of County, State or Other Political Subdivision Properties. County, state or political subdivision entity -owned Properties may be designated as a Property or District if such designation is not prohibited or preempted by law, or otherwise provided for in the Intergovernmental Coordination Element of the Comprehensive Plan. In the absence of prohibition, preemption, or other agreement, such other government may only avoid designation of its Property by bearing the burden of proof that public interests, on balance, are best served by avoiding such designation. Such determination shall be established by the process as set forth in this ordinance. Once designated, unless reversed upon appeal, such designated Property or District shall comply with and be regulated by all regulations contained in this ordinance. 6. Maintenance and Repair of Designated Properties; Demolition by Neglect Prohibited. a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure that does not involve a change of design, appearance or material, and which does not require a building permit. b. Affirmative Maintenance Required. The owner of a property designated pursuant to this chapter either individually or as part of a district or zone shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against decay and deterioration and shall be free from structural defects though prompt corrections of any of the following defects: (1) Facades that fall and injure the subject property, adjoining property or members of the public; (2) Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports; (3) Members of ceilings, roofs ceiling and roof supports or other structural members that may rot, sag, split or buckle due to defective material or deterioration; (4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken, unsecured or missing windows or doors. (5) Any fault or defect in the property that renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. 7. Nominations to the National Register of Historic Places. As part of the duties under the Certified Local Government program, the Historic Resources Preservation Board shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. a. Appropriate local officials, owners of record, and applicants shall be given a minimum of thirty calendar days and not more than seventy-five calendar days prior notice to Historic Resources Preservation Board meetings in which to comment on or object to the listing of a property in the National Register. b. Objections to being listed in the National Register by property owners must be notarized and filed with the State Historic Preservation Officer. Within thirty (30) days after its meeting the Board shall forward to the State Historic Preservation Officer its action on the nomination and the recommendations of the local officials. Appropriate local officials, the owner and the applicant shall be notified of the board's action. c. The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state regulations. If either the Board or the local officials or both support the nomination, the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. If both the Board and the local officials recommend that a property not be nominated to the National Register, the State Historic Preservation Officer will take no further action on the nomination unless an appeal is filed with the State Historic Preservation Officer. 8. Designated Historic Sites. The following Historic Sites have been established: a. National Register. (1) Boynton Woman's Club, 1010 South Federal Highway, located on Lots 4, 5, 6, and 7 less the West 35 feet thereof, Parker Estate, according to the plat thereof recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida. (Published 4/26/1979). (2) Boynton School, 141 East Ocean Avenue, located on Lot 3, Block 4 of Sawyer's Addition, City of Boynton Beach, Florida. (Published 3/7/1994). C. Certificate of Appropriateness. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non-contributing Properties, within Districts. 1. Secretary of the Interior's Standards for Rehabilitation. In reviewing an application, the Secretary of the Interior's Standards for Rehabilitation (as may be amended from time to time) shall be applied. The current version is as follows: a. A Property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the Building and its site an environment. p:. 7 b. The historic character of a Property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a Property shall be avoided. c. Each Property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. d. Most Properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. e. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. f. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. g. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of Structures, if appropriate, shall be undertaken using the gentlest means possible. h. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. i. New additions, exterior Alterations, or related new construction shall not destroy historic materials that characterize the Property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the Property and its environment. j. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic Property and its environment would be unimpaired. 2. Additional Criteria. The above Standards for Rehabilitation shall be supplemented by the following criteria specific to certain types of requests: a. New Construction and Alterations. All new construction and Alterations to existing buildings within a designated historic district or on an individually designated property shall be visually compatible, and meet the following guidelines. (1) Setting, Orientation and Setbacks. The Building should be situated approximately the same distance from the street as adjacent Buildings, to create a continuous street edge. The orientation of the Building should be visually compatible with that of the buildings in the Historic District. The Setting should be designed with the overall environment in mind. It should take into account the compatibility of landscaping, parking, service areas, walkways, and accessory structures. (2) Building Height. The height of the Building at street level should be visually compatible in comparison or relation to the height of the existing contributing buildings in the Historic District. (3) Design Styles. New Buildings should take their design cues from the prevailing architectural styles within the Historic District. Traditional or contemporary design standards and elements should relate to the existing styles. (4) Proportion of Openings. The openings of any building within a Historic District should be visually compatible with the openings in existing contributing buildings within the Historic District. The relationship of the width of windows and doors to the height of windows and doors should be visually compatible with the existing contributing buildings within the Historic District. (5) Rhythm of Solids to Voids. The relationship between solids (walls) and voids (windows and doors) of a Building should be visually compatible with the Surrounding Buildings. (6) Rhythm of Spacing along the Street. The relationship of Buildings to the open space between them should be compatible with the other Buildings on each side of the street in that block. (7) Relationship of Materials and Textures. The materials and textures of a Building should be chosen with the predominant materials of the Historic District in mind. Simplicity in such use is preferable. (8) Roof Shapes. The roof shape of a Building is a major distinguishing feature. The roof shape of a Building should be compatible with the roof shape of existing contributing buildings within the Historic District. The roof shape shall be consistent with the architectural style of the Building. (9) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass and volume should be compatible with the existing contributing buildings within the Historic District without overwhelming them. b. Additions. All additions to historic structures or structures within a Historic District shall meet the following guidelines. (1) Locate an addition to the rear or least visible sides of historic structures. Locating an addition on the front elevation should be avoided. (2) Minimize the loss of historic materials from the historic structure and protect character -defining features. (3) Design the addition to be compatible in terms of massing, size, scale, relationship of solids to voids, and architectural features. An addition should be subordinate to the historic building. (4) Differentiate the addition from the historic structure. (5) If permitted, rooftop additions should generally be limited to one story in height, should be set back from the wall plane and should be as inconspicuous as possible. (6) Continue the design elements on all elevations of the new construction, not only those elevations that can be viewed from the street. (7) Design and construct the addition so that, if removed in the future, the essential form and integrity of the historic structure will be unimpaired. (8) Limit the size and number of openings between the old and new building by utilizing existing doors or by enlarging existing windows. c. Demolition. All demolitions involving structures on historic sites, contributing structures within a Historic District, as well asand structures identified as potentially significant ^n PF9P94.4_96 1ic;+o91 „r +ho uiStG9FiG 949 96iFy " shall comply with the following: (1) Simultaneous certificates required. No Building or Structure on a Property or located within a District shall be demolished without first receiving a Certificate of Appropriateness for new construction. The applications for demolition and new construction shall be reviewed by the Board simultaneously. The requirement of a Certificate of Appropriateness for new construction may be waived by the Board upon 1) a good cause showing that such requirement would be unduly harsh or would result in a substantial hardship to the Property owner; 2) upon preliminary review the property would not meet the guidelines for designation per Chapter 4, Article IX, Section 6, was +ho nr9ntrihi 1tiRg 9l9montc6 haA91 hoon SigRifiGaRtl i alteFe or 3) the demolition does not involve a contributing element or structure on the site. A showing of good cause may include, but is not limited to, evidence that the Property owner is unable to comply with the requirement for simultaneous new construction due to advanced age, infirmity, physical or other debilitating handicap, or financial hardship. If an application for Certificate of Appropriateness for Demolition is approved, the owner shall, at his/her expense, fully record the building prior to Demolition. At a minimum, the owner shall provide an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. Said record shall be deposited in the local archives, where it will be made available to the public. Upon approval by the Board of a Certificate of Appropriateness for Demolition, the demolition permit shall not be issued until all demolition and new construction plans for the Property have received all other required governmental approvals. The existence of one or more of the following conditions may be the basis for denial of a demolition application: (a) The Resource contributes significantly to the historic character of a designated Property or District. )l . 'J (b) The Resource is listed on the National Register. (c) The Resource is one of the last remaining examples, or is an exceptional representative of its kind in the neighborhood or City. (d) The Resource is capable of being repaired and reused in a practical and feasible manner. (e) Retention of the Resource would promote the general welfare of the City by providing an opportunity to study local history, architecture and design, or by developing an understanding of the importance and value of a particular culture or heritage. (f) Granting a Certificate of Appropriateness for the Demolition would result in an irreparable loss to the City of a significant Resource. (g) The plans for the simultaneous new construction (if the Demolition is granted) are not compatible with the Property or District. (2) Demolition Delay Period. The Board may grant a Certificate of Appropriateness for Demolition which may contain a delayed effective date. The effective date will be determined by the Board based on the relative significance of the Resource and the probable time required to arrange a possible alternative to demolition. The Board may delay demolition for up to three (3) months. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the Resource. Such steps may include, but are not limited to: consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the Property by public or private bodies, or agencies; an exploration of the possibility of moving the Resource. (3) Salvage and Preservation of Specific Features. For designated sites, the Board may require the Property owner to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. (4) Authority to Initiate Designation. If an undesignated property warrants it and it is otherwise authorized under this ordinance, staff may initiate, or recommend that the Board initiate, the designation application and review process. Staff may further request that the Board require that the issuance of a demolition permit be stayed pending the Board's review of the application and the City Commission's decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this paragraph is one hundred twenty (120) days, unless extended by the City Commission. If for any reason the designation process is not completed and the demolition application is approved, the owner shall, at his/her expense, fully record the building prior to Demolition and attempt to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. d. Relocation. The existence of one or more of the following conditions may be the basis for denial of a relocation application: )l A] a. (1) The historic character or aesthetic interest of the Resource contributes to its present setting in such a manner that relocation would result in a substantial loss to the setting or District. (2) There are no definite plans for the area to be vacated. (3) There are definite plans for the area to be vacated that may adversely affect the character of the District. (4) The Resource cannot be moved without significant damage to its physical integrity. (5) The proposed relocation area is not compatible with the historic, cultural, and architectural character of the Resource. (6) Little or no effort has been made to consider relocation within the same District or within another District with compatible historic, aesthetic, cultural, or design qualities with the relocated Resource. e. Changes in Approved Work. Any change in the proposed work following the issuance of a Certificate of Appropriateness shall be reviewed by staff. If the proposed change does not materially affect the historic character or the proposed change is in accordance with the Board's decision, staff may administratively approve the change. If the proposed change is not in accordance with the Board's decision, a new Certificate of Appropriateness application for such change must be submitted for review. D. Historic Preservation Property Tax Exemption Program. 1. General. a. The granting of tax exemptions to owners who make improvements to Historic Properties was authorized by an amendment to the Florida Constitution and codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption program was established by Palm Beach County in 1995 (Ordinance 95-41), and may be implemented in the City through an interlocal agreement with the County and a local Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance authorizes granting exemptions from increases to ad valorem taxes for qualified improvements to qualifying properties. b. Exemptions. Exemptions for Historic Properties are intended for the physical improvements necessary to Restore or Rehabilitate the Historic Resource, which may include additions, Alterations and new construction. The improvements must comply with the Secretary of the Interior's Standards for Rehabilitation. The City and County will process the application following mutually established procedures through both the City and County Commissions. This program will provide an exemption from tax increases on the improvements to the Property for up to a 10 year period. The exemption is conveyed through a covenant that accompanies the deed of the Property and may be transferred to future owners during the abatement period. 2. Tax Exemption for Historic Properties. a. The City Commission hereby creates a tax exemption for the appropriate restoration, renovation or rehabilitation of qualifying historic properties designated herein. Qualifying property shall be exempt from that portion of ad valorem taxation levied by the City on one hundred percent (100%) of the increase in assessed value resulting from any appropriate renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. b. The above exemption does not apply to: (1) Taxes levied for payment of bonds; (2) Taxes authorized by a vote of the electors pursuant to section 9(b) or section 12, Article VII, of the Florida Constitution; or (3) Personal property. 3. Qualifying Properties and Improvements. a. The following real property in the City is qualifying property for the purposes of this subsection if at the time the exemption is approved by the City Commission, the property: (1) Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or (2) Is a contributing property to a national register -listed district; or (3) Is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and (4) Has been certified by the Board as satisfying subparagraphs (1)(a), (1)(b), or (1)(c) above. The exemption does not apply to improvements made to non-contributing principal buildings or non-contributing accessory structures. b. For an improvement to a historic property to qualify the property for an exemption, the improvement must: (1) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation, as amended. (2) Be determined by the Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended, and (3) Be consistent with any ordinance of the city designating the property as historic or designating the historic district in which the property is located. 4. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to Title XIV, Chapter 196.1998, Florida Statutes, which allows for exemption from ad valorem taxation of up to one hundred percent (100%) of the assessed value of the property as improved, a property is being used for government or nonprofit purposes if the sole occupant of at least sixty-five percent (65%) of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Chapter 617.013, Florida Statutes. As for being "regularly and frequently open" for public access, the property shall be open to the public not less than twelve (12) days per year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. 5. Application for Exemption; Fees. An applicant desiring an ad valorem tax exemption for proposed improvements to a historic property must file a request accompanied by its corresponding fee and all documentation required by the application checklist. The request shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources and promulgated in accordance with Rule 1A-38, Florida Administrative Code, and include additional information and documentation of the cost of the qualifying improvement. Part 1 of the application, the Preconstruction Application shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted to the City for review upon completion of the qualifying improvements. The Final Application/Request for Review of completed Work shall contain the Historic Preservation Exemption Covenant as established by the Department of State, Division of Historical Resources and applicable for the term for which the exemption is granted. 6. Preconstruction Application. The review process shall be initiated with the submittal of a Preconstruction Application to the City. The Preconstruction Application shall contain a copy of the application for Certificate of Appropriateness, information on project cost, and a copy of the most recent tax bill for the subject property from the Palm Beach County Property Appraiser. Upon the receipt of the Preconstruction Application by the City, the City shall conduct a review for eligibility in accordance with the requirements stated herein. 7. Review of Preconstruction Application. A review of the Preconstruction Application shall be completed by the City in accordance with the established schedule and process. a. Once the City determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained herein, the City shall approve the Preconstruction Application and issue a written notice to the applicant with a copy to the Board. b. If the City determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained herein, a written notice shall be provided to the applicant, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. 8. Appeals to the Historic Resources Preservation Board. a. Within ten (10) days of receipt of notice that the City has denied a Preconstruction Application, the applicant may file a written notice of appeal of the denial to the Board. The appeal shall be processed in accordance with the public meeting and notification procedures required of the City's quasi-judicial hearing process, except that public notices need only be mailed to owners of abutting or adjacent property as determined by the Historic Preservation Planner. b. If the Board denies the appeal, the applicant may appeal the action of the Board to the City Commission. 9. Issuance of Other Permits or Approval. If all or part of the proposed improvements require a building permit or other necessary approval of the City or any other governmental agency, the improvements shall also be reviewed pursuant to any other applicable code provisions of the City and require such corresponding approval. A Preconstruction Application shall not be approved by the City and issued until such permit or other approvals have been granted. No certificate of occupancy or completion shall be issued by the City until the Final Application has been approved by the City Commission and all appeal proceedings have been completed. 10. Completion of Work. An applicant must complete all work within two (2) years following the date of approval of a Part 1, Preconstruction Application by staff. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. The Board, upon the recommendation of the City, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. 11. Final Application and Request for Review of Completed Work. a. The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to paid contractor's bills, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the City shall inspect the completed improvements to ensure compliance with the Preconstruction Application, Certificate of Appropriateness, and any approved amendments. b. If the City determines that the work is a qualifying improvement and is in compliance with the review standards contained herein, the Final Application/Request for Review of Completed Work shall be approved and forwarded to the Board for review, and written notice shall be provided to the applicant. c. If the City determines that the work as completed is not in compliance with the Preconstruction Application or the established timeframe as described in this section, the applicant shall be given written explanation for such findings, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. The application will be forwarded to the Board for review once the applicant makes the adequate changes necessary for compliance, or upon receiving notice from the applicant that no further changes will be made to the project. 12. Recommendations to Historic Resources Preservation Board and City Commission. On completion of the review of a Final Application/Request for Review of Completed Work, the City shall present such Final Application in a regularly scheduled meeting of the Board and recommend that such Board grant or deny the exemption. The recommendation and explanation shall be provided in writing to the applicant and Board for consideration at a public meeting. The application, along with a recommendation of approval or denial shall subsequently be forwarded by the Board to the City Commission for final consideration. 13. Approval by the City Commission. Upon approval of a Final Application/Request for Review of Completed Work by the Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution to approve the Final Application shall indicate the property owner, property address and legal description, time period that exemption will remain in effect and expiration date, and shall require the owner to record the restrictive covenant in the Official Record Book of Palm Beach County. The applicant shall provide the City with two (2) certified copies of the recorded covenant. 14. Notice of Approval to the Property Appraiser. The City shall transmit the following certified copies to the Palm Beach County Property Appraiser: 1) recorded restrictive covenant; 2) approved Final Application/Request for Review of Completed Work; and the resolution of the City Commission approving the Final Application and authorizing the tax exemption. 15. Effective Date and Duration of Tax Exemption. When the City Commission approves a historic preservation tax exemption, the covenant shall be in effect for ten (10) years; however, the City Commission has the discretion to approve a shorter time frame if petitioned by the property owner. The effective date of the exemption shall be January 1 of the following year from when the covenant and resolution are recorded with the Palm Beach County Clerk of the Court. 16. Property Maintenance, Penalty, and Revocation. The character of the property and qualifying improvements are to be maintained during the period that the exemption is granted. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the revocation of the granted tax exemption, and the property owner being subject to the payment of taxes that would have been owed had the exemption not been initially granted (see subparagraph (2) below). The revocation process shall occur as follows: a. Revocation Proceedings. (1) Staff or the Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms and conditions of the covenant; (2) The Board shall provide notice to the current owner of record of the property and hold a revocation public hearing, and make a recommendation to the City Commission; (3) The City Commission shall review the recommendation of the Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided herein shall be provided to the owner, the Palm Beach County Property Appraiser and filed in the official records of Palm Beach County; (4) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1 of the year following receipt of the notice of revocation; and b. Notice of Penalties. The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of taxes that would have been due in March of each of the previous years in which the tax exemption and covenant were in effect had the property not received the exemption, less the amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for violation of the terms, conditions and standards of the Historic Preservation Exemption Covenant. 17. Annual Report. The City shall prepare an annual report to the City Commission regarding the tax exemption proposed in this article. The report shall be filed in January of each calendar year, and shall summarize the activities of the City and Board related to this article during the previous calendar year. The information shall include, but not be limited to, a list of the properties for which a Part 1, Preconstruction Application, and Part 2, Final Application/Request for Review of Completed Work were made during the preceding year; an explanation of the disposition of each application; the expenditures on each approved qualifying improvement during the calendar year; the total number of properties currently participating in the program provided within this article; and any other information requested by the City Commission. E. Standards for Archeological Work; Discovery of Archeological Site. 1. The Historic Preservation Planner shall be responsible for identifying, protecting, managing and promoting all cultural resources (historic and prehistoric sites and districts) within the municipal bounds. 2. Archaeological Work. Archeological surveys, assessments, excavations, and other work required by this ordinance shall be conducted by a qualified, professional archeologist and be consistent with the guidelines for such work promulgated by Palm Beach County that are consistent with accepted professional standards and regulations developed by the Florida Department of State Division of Historical Resources and the United States Department of the Interior, or their successor agencies. 17 3. Site Discovered During the Development Process. In the event that archaeological materials are discovered by ground disturbing activities on any property within the City, such activities in the immediate vicinity of the archaeological site shall be discontinued immediately and the Planning & Zoning Department notified. The site shall be inspected and may be required to be assessed by a qualified professional archaeologist at the expense of the property owner. 4. Unmarked Human Graves. If a discovery is made of an unmarked human grave or graves, then the procedures for notifying the State Archaeologist and County Medical Examiner shall be followed, consistent with state law. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM STAFF REPORT TO: Chair and Members Planning and Development Board FROM: Michael Rumpf Planning and Zoning Administrator DATE: April 19, 2022 REQUEST: Approve amendments to the Land Development Regulations, Chapter 3, Article 111. Zoning Districts and Overlay Zones; Chapter 3, Article IV, Section 5. Nonconforming Uses, and Chapter 4, Article IX, Section 6. Historic Preservation Requirements to promote, incentivize and facilidate the preservation of historically - designated properties in the City. BACKGROUND and PROPOSED AMENDMENTS The subject amendments are being proposed to promote the City's Historic Preservation Program. The proposed amendments pertain to proposed property improvements, non -conforming characteristics of historic properties, and potential internal conflict between initiatives within redevelopment plans and preservation objectives. The proposed amendments are being proposed by the City's Historic Resources Preservation Board (NRPB) in response to, in part, the magnitude of previous demolitions of historic houses, recent inquiries regarding desired modifications to historic structures, and the possible conflict between redevelopment plan design standards and preservation initiatives. The proposed amendments can be viewed in their entirety in the corresponding exhibits and are briefly described as follows: 1) Exemptions from or reductions in Zoning Standards — The intended standards have been placed in a "Modified Building Standards" table within the Preservation chapter, to match the existing format of the Zoning Regulations. Many of the historic homes in the City are relatively small, and located on proportionally small lots with minimum space to expand. Further, many of the older homes are now non -conforming to current day lot standards such as setbacks and maximum lot coverage. Although the original preservation program was written with a provision that supports zoning variances if needed, the proposed amendments would eliminate the uncertainty, cost and time associated with the variance process, as well as the challenge of proving hardship by both Page 904 of 946 Page 2 Amendments to LDRs Promoting Historic Preservation the applicant and staff. The exemptions would only apply to properties that are listed on the Local Registry of Historic Sites, and are proposed to be established as "Modified Development Standards" within the Historic Preservation Requirements section of the LDR, consistent with the current structure of the Zoning Regulations. The exemptions or reduced standards would apply to minimum lot size, minimum frontage, minimum living area, minimum setbacks, and maximum lot coverage. Appropriate cross-references will be added to the corresponding Building and Site Regulation tables in the Zoning Regulations. 2) Addressing conflict with redevelopment plan initiatives — The design standards written for the mixed-use districts that implement the Community Redevelopment Plan require an assembly of an entire block frontage to provide continuity in the ultimate streetscape and "street wall'. The subject amendments would allow for an exception when interrupted by a designated historic site. The proposed amendment is intended to prevent blockage of the redevelopment project or pressure being applied to encourage the sale of the historic site, and includes design requirements to maximize compatibility with the historic site and continuity of the streetscape. The whole -block assembly requirement applies to the MU -2, MU -3, MU -4 and MU Core districts. It does not apply to MU -1. 3) Exceptions for non -conforming uses — There exists within the City historic duplex and multi -family residential buildings that are located within single-family or commercial zoning districts, and therefore, may be construed as "non -conforming uses" by Zoning Regulations. The proposed amendment would exempt designated sites from the Nonconforming Use regulations of the Code. Otherwise, such regulations could place a limit on the value of annual maintenance improvements needed on the property, or prevent any expansions or improvements to the historic site. 4) Review of demolition requests — The current preservation program requires specific and rather significant actions to be taken by property owners, staff and the HRPB in response to applications to demolish historically -designated properties. Such actions are intended to review the potential loss of historic sites for proper justifications, to review what is planned to replace the historic structure, to possibly require salvaging of specific historic features, and, at minimum, to create a record of the historic asset. Processes include the formal petition to remove the property from the local register, and the filing of an Application for Certificate of Appropriateness (COA) to review the construction planned for the subject property. If approved, this process also requires that the property owner fully record the building prior to demolition, with an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. The proposed amendments would require this protocol to also be followed if the 2 Page 905 of 946 Page 3 Amendments to LDRs Promoting Historic Preservation demolition would involve a property identified on a list of priority preservation properties. This list would be established by the Board, and essentially include approximately 10 properties most worthy of preservation as documented in the City's 1996 Historic Site Survey and recommended as being eligible for local designation. The selection process would involve a visual survey of current condition of the properties, including updating the list by identifying, and excluding, those properties that no longer exist. The Board would also include this list for frequent communications to educate property owners about the preservation program, including the financial benefits, and importance of property maintenance. The benefits of this priority property list also supports other preservation program initiatives such as public outreach, inventory updating and for historic district consideration. Lastly, included in the proposed amendments to this section of the LDRs is the addition of criteria intended to facilitate the quick review of the property targeted for demolition for exemption from the COA process if not warranted when reviewed against the designation criteria, including current physical (i.e. deteriorated or altered) condition. This is intended to save the property owner time and expense when such evaluation and processes are not warranted by the intent of the Historic Preservation Program. BACKGROUND and PROPOSED AMENDMENTS Staff supports the proposed amendments to promote implementation of the City's Historic Preservation Program. In addition to the justifications stated herein, it should also be noted that some of the amendments are needed immediately to address current matters involving home expansion plans, anticipated demolition applications, and non -conforming historic properties. Also, the proposed amendments may be the first group of amendments to be proposed by the HRPB, and could be followed by a second group that could involve the promotion of accessory dwelling unit provisions, and provisions to allow adaptive reuse of designated properties along selected roadway corridors. Attachments Page 906 of 946 HISTORIC PRESERVATION - EXCERPTS FROM LDR Ch. 4, Art. IX, Sec. 6. Historic Preservation Requirements. A. General. 1. Purpose and Intent. These provisions are designed to identify, protect, restore and encourage the reuse of Resources, all of which are essential to the City's health, safety, morals and its economical, educational, cultural, and general welfare. These valid public purposes shall be fulfilled by the ordinance, to achieve the following goals: a. Preserve, protect, enhance and perpetuate Resources which represent distinctive and significant elements of the City's historical cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; b. Ensure the harmonious, orderly, and efficient growth, prosperity and development of the City through retention and reuse of its historic and cultural Resources; c. Strengthen civic pride and cultural stability through neighborhood conservation; d. Contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its Resources; e. Protect and enhance the city's historic, cultural and architectural attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; f. Promote the use of Resources for the education, pleasure, and welfare of the people of the City; g. Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions with in the city's historic districts and neighborhoods; h. Protect ani„ enhance the scale, character and stability of existing neighborhoods, and protect against destruction of or encroachment upon areas which contribute to the character of the City; i. Facilitate the creation of a convenient, harmonious and attractive community, and protect the architectural beauty, special architectural features, and special landscape features of the City; j. Avoid demolition, or other adverse effect on historic properties (Properties) and Districts, which would cause an irreparable loss to the City; k. Assist neighborhoods to achieve a positive neighborhood identity and sense of place. i,l a. In addition, these provisions are designed to implement, be consistent with, and assist in the achievement of the goals, objectives and policies, as specifically required by the City's Comprehensive Plan, with respect to historic, conservation, and neighborhood Resources. 2. Terms and Definitions. See ........ , .:. s.l.....I....... 1[:�.Il..11.e....,llll for all applicable terms and definitions which pertain to the historic preservation regulations and standards contained herein. 3. Certified Local Government Review. The City Commission is a Certified Local Government (CLG) approved by the Florida Department of State, Division of Historical Resources. The City Commission as a CLG is required to participate in the Florida National Register of Historic Places nomination process, be involved in the Section 106 process, and is eligible to receive grants from the Certified Local Government Section of the Florida Department of State, Historical Resources Grants -In -Aid program. 4. Unsafe Buildings and Structures. Should the Building Official determine that a Historic Property (either designated or 910ryiH19 fr\r nr4ACGO.-lor.-tir-n fr\r esigRatieRon the list of "potentially significant" sites) or a Property within a Historic District is unsafe, the Planning and Zoning staff and Historic Resources Preservation Board shall be notified of such findings. Within applicable laws and regulation, the Building Official shall endeavor to have the Resource repaired rather than demolished and shall take into account any comments and recommendation by the Board. The Board may take appropriate actions to Effect and accomplish the preservation of the Resource, including, but not limited to, negotiations with the owner and other Interested Parties, provided that such actions do not interfere with the Florida Building Codes. In the case where the Building Official determines that there are emergency conditions dangerous to the life, health or property on a designated or inventoried site or Property within a Historic District, and timely Demolition is the only course of action, the Building Official may order the Demolition and notify the Planning and Zoning Division of the impending action. In this instance, a Certificate of Appropriateness will not be required and the Historic Resources Preservation Board will promptly be notified of the action being taken. 5. Waiver of Technical Requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration or moving of Buildings may not be mandatory for those Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places, when evaluated by a Florida registered architect or engineer and demonstrated to the Building Official to be safe and in the public interest of health, safety and welfare. Resources or portions thereof that do not strictly comply with the Florida Building Code may be considered to be in compliance, if it can be shown to the satisfaction of the Building Official that equivalent protection has been provided or that no hazard will be created or continued through noncompliance. (Life safety and property conservation shall be provided in accordance with Chapter 11, Sections 1105 and 1106 of the 2007 Florida Building Code, or as subsequently amended). Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive exemption from accessibility requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007 Florida Building Code, or as subsequently amended, the Building Official may determine that compliance for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the Building, in which case the alternative requirements in Chapter 11, Section 11-4.1.7(3) may be utilized). 6. Modified Development Standards for Registered Historic Structures. Locally registered historic structures may use the development standards within this section. These provisions apply to single-family, two-family, or multi -family structures within single-family zoning districts, and residential or commercial uses within non-residential zoning districts, including improvements to said structures and properties that are approved through the Certificate of Appropriateness process. Proposed improvements to said structures and properties shall be reviewed according to the following requirements: Modified Residential Building and Site Development Standards- Historic Sites Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): N/A Lot Coverage, Maximum 10% increase over the maximum allowed within the zoning district. Note: If applicable per City procedures, site improvements are subject to review for compliance with City drainage requirements. Building Setbacks Existing non -conforming setbacks shall not preclude attached or detached building additions or expansions; however, non -conforming setbacks shall not be worsened. Additional restrictions may apply to 2nd floor improvements to minimize impacts upon abutting properties. a Modified Non -Residential Building and Site Development Standards — Historic Sites Project Area, Minimum (acres): N/A Lot Area, Minimum (square feet): N/A Lot Frontage, Minimum: N/A Lot Depth, Minimum: N/A Lot Coverage, Maximum 10% increase over the maximum allowed within the zoning district. Note: If applicable per City procedures, site improvements are subject to review for compliance with City drainage requirements. Building Setbacks, Minimum (feet): Existing non -conforming setbacks shall not preclude attached or detached building additions or expansions; however, non -conforming setbacks shall not be worsened. Additional restrictions may apply to 2nd floor improvements to minimize impacts upon abutting properties. 7. Administrative and Board Approval of Zoning Code Variances. Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive variances to zoning code regulations, if such regulations would adversely impact or threaten the historic significance of the Resource, or have the result of discouraging the designation and/or preservation of historic sites. The responsibility for review and approval of an application for a variance in association for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places will rest with staff, unless the corresponding Certificate of Appropriateness requires Historic Resources Preservation Board (NRPB) action, in which case the HRPB will have review and approval responsibility. Such requests for variance shall be made on a separate application, approved by the Board. Said application fee and other applicable charges shall be established by resolution adopted by the City Commission. 8. Sustainable Building Practices. The application of sustainable, energy efficient and green building practices to improvements associated with historic properties is encouraged whenever they are compatible with best historic preservation practices. Whenever possible, equipment such as solar panels, wind generation devices, mechanical equipment etc., should not be affixed to the building, but sited in the rear or side yard locations and fully screened with landscaping, fence or wall. When placement upon the building is unavoidable, such equipment as well as skylights, shall be located on a non -character defining elevation or roof slope that is not visible from the street. In no instance, shall the equipment be allowed to be placed upon any character defining feature. Expedited review shall be afforded to those applicants who propose the placement of such equipment on other than the building facades or roof. B. Designation of Historic Properties and Districts. 1. Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District at least 50% of the Buildings shall normally be at least fifty years old. Buildings shall also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City's history; or b. Association with the lives of persons significant in the City's past; or c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. 2. Criteria Considerations. Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or g. A property achieving significance within the past 50 years if it is of exceptional importance. )l . 3. Procedures. See Chairrteir 2, Article II II. Section 3. 4. Removal of Designation. A designation may be removed by the City Commission based upon the Board's recommendation. Such recommendation shall be based upon new and compelling evidence and evaluation of work or natural cause producing an adverse effect to a Property or District. The same guidelines and the same procedures established for designation shall be considered for a removal of designation. 5. Designation of County, State or Other Political Subdivision Properties. County, state or political subdivision entity -owned Properties may be designated as a Property or District if such designation is not prohibited or preempted by law, or otherwise provided for in the Intergovernmental Coordination Element of the Comprehensive Plan. In the absence of prohibition, preemption, or other agreement, such other government may only avoid designation of its Property by bearing the burden of proof that public interests, on balance, are best served by avoiding such designation. Such determination shall be established by the process as set forth in this ordinance. Once designated, unless reversed upon appeal, such designated Property or District shall comply with and be regulated by all regulations contained in this ordinance. 6. Maintenance and Repair of Designated Properties; Demolition by Neglect Prohibited. a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure that does not involve a change of design, appearance or material, and which does not require a building permit. b. Affirmative Maintenance Required. The owner of a property designated pursuant to this chapter either individually or as part of a district or zone shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against decay and deterioration and shall be free from structural defects though prompt corrections of any of the following defects: (1) Facades that fall and injure the subject property, adjoining property or members of the public; (2) Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports; (3) Members of ceilings, roofs ceiling and roof supports or other structural members that may rot, sag, split or buckle due to defective material or deterioration; (4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken, unsecured or missing windows or doors. (5) Any fault or defect in the property that renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. 7. Nominations to the National Register of Historic Places. As part of the duties under the Certified Local Government program, the Historic Resources Preservation Board shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. a. Appropriate local officials, owners of record, and applicants shall be given a minimum of thirty calendar days and not more than seventy-five calendar days prior notice to Historic Resources Preservation Board meetings in which to comment on or object to the listing of a property in the National Register. b. Objections to being listed in the National Register by property owners must be notarized and filed with the State Historic Preservation Officer. Within thirty (30) days after its meeting the Board shall forward to the State Historic Preservation Officer its action on the nomination and the recommendations of the local officials. Appropriate local officials, the owner and the applicant shall be notified of the board's action. c. The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state regulations. If either the Board or the local officials or both support the nomination, the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. If both the Board and the local officials recommend that a property not be nominated to the National Register, the State Historic Preservation Officer will take no further action on the nomination unless an appeal is filed with the State Historic Preservation Officer. 8. Designated Historic Sites. The following Historic Sites have been established: a. National Register. (1) Boynton Woman's Club, 1010 South Federal Highway, located on Lots 4, 5, 6, and 7 less the West 35 feet thereof, Parker Estate, according to the plat thereof recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida. (Published 4/26/1979). (2) Boynton School, 141 East Ocean Avenue, located on Lot 3, Block 4 of Sawyer's Addition, City of Boynton Beach, Florida. (Published 3/7/1994). C. Certificate of Appropriateness. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non-contributing Properties, within Districts. 1. Secretary of the Interior's Standards for Rehabilitation. In reviewing an application, the Secretary of the Interior's Standards for Rehabilitation (as may be amended from time to time) shall be applied. The current version is as follows: a. A Property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the Building and its site an environment. p:. 7 b. The historic character of a Property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a Property shall be avoided. c. Each Property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. d. Most Properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. e. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. f. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. g. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of Structures, if appropriate, shall be undertaken using the gentlest means possible. h. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. i. New additions, exterior Alterations, or related new construction shall not destroy historic materials that characterize the Property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the Property and its environment. j. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic Property and its environment would be unimpaired. 2. Additional Criteria. The above Standards for Rehabilitation shall be supplemented by the following criteria specific to certain types of requests: a. New Construction and Alterations. All new construction and Alterations to existing buildings within a designated historic district or on an individually designated property shall be visually compatible, and meet the following guidelines. (1) Setting, Orientation and Setbacks. The Building should be situated approximately the same distance from the street as adjacent Buildings, to create a continuous street edge. The orientation of the Building should be visually compatible with that of the buildings in the Historic District. The Setting should be designed with the overall environment in mind. It should take into account the compatibility of landscaping, parking, service areas, walkways, and accessory structures. (2) Building Height. The height of the Building at street level should be visually compatible in comparison or relation to the height of the existing contributing buildings in the Historic District. (3) Design Styles. New Buildings should take their design cues from the prevailing architectural styles within the Historic District. Traditional or contemporary design standards and elements should relate to the existing styles. (4) Proportion of Openings. The openings of any building within a Historic District should be visually compatible with the openings in existing contributing buildings within the Historic District. The relationship of the width of windows and doors to the height of windows and doors should be visually compatible with the existing contributing buildings within the Historic District. (5) Rhythm of Solids to Voids. The relationship between solids (walls) and voids (windows and doors) of a Building should be visually compatible with the Surrounding Buildings. (6) Rhythm of Spacing along the Street. The relationship of Buildings to the open space between them should be compatible with the other Buildings on each side of the street in that block. (7) Relationship of Materials and Textures. The materials and textures of a Building should be chosen with the predominant materials of the Historic District in mind. Simplicity in such use is preferable. (8) Roof Shapes. The roof shape of a Building is a major distinguishing feature. The roof shape of a Building should be compatible with the roof shape of existing contributing buildings within the Historic District. The roof shape shall be consistent with the architectural style of the Building. (9) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass and volume should be compatible with the existing contributing buildings within the Historic District without overwhelming them. b. Additions. All additions to historic structures or structures within a Historic District shall meet the following guidelines. (1) Locate an addition to the rear or least visible sides of historic structures. Locating an addition on the front elevation should be avoided. (2) Minimize the loss of historic materials from the historic structure and protect character -defining features. (3) Design the addition to be compatible in terms of massing, size, scale, relationship of solids to voids, and architectural features. An addition should be subordinate to the historic building. (4) Differentiate the addition from the historic structure. (5) If permitted, rooftop additions should generally be limited to one story in height, should be set back from the wall plane and should be as inconspicuous as possible. (6) Continue the design elements on all elevations of the new construction, not only those elevations that can be viewed from the street. (7) Design and construct the addition so that, if removed in the future, the essential form and integrity of the historic structure will be unimpaired. (8) Limit the size and number of openings between the old and new building by utilizing existing doors or by enlarging existing windows. c. Demolition. All demolitions involving structures on historic sites, contributing structures within a Historic District, as well asand structures identified as potentially significant ^n PF9P94.4_96 1ic;+o91 „r +ho uiStG9FiG 949 96iFy " shall comply with the following: (1) Simultaneous certificates required. No Building or Structure on a Property or located within a District shall be demolished without first receiving a Certificate of Appropriateness for new construction. The applications for demolition and new construction shall be reviewed by the Board simultaneously. The requirement of a Certificate of Appropriateness for new construction may be waived by the Board upon 1) a good cause showing that such requirement would be unduly harsh or would result in a substantial hardship to the Property owner; 2) upon preliminary review the property would not meet the guidelines for designation per Chapter 4, Article IX, Section 6, was +ho nr9ntrihi 1tiRg 9l9montc6 haA91 hoon SigRifiGaRtl i alteFe or 3) the demolition does not involve a contributing element or structure on the site. A showing of good cause may include, but is not limited to, evidence that the Property owner is unable to comply with the requirement for simultaneous new construction due to advanced age, infirmity, physical or other debilitating handicap, or financial hardship. If an application for Certificate of Appropriateness for Demolition is approved, the owner shall, at his/her expense, fully record the building prior to Demolition. At a minimum, the owner shall provide an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. Said record shall be deposited in the local archives, where it will be made available to the public. Upon approval by the Board of a Certificate of Appropriateness for Demolition, the demolition permit shall not be issued until all demolition and new construction plans for the Property have received all other required governmental approvals. The existence of one or more of the following conditions may be the basis for denial of a demolition application: (a) The Resource contributes significantly to the historic character of a designated Property or District. )l . 'J (b) The Resource is listed on the National Register. (c) The Resource is one of the last remaining examples, or is an exceptional representative of its kind in the neighborhood or City. (d) The Resource is capable of being repaired and reused in a practical and feasible manner. (e) Retention of the Resource would promote the general welfare of the City by providing an opportunity to study local history, architecture and design, or by developing an understanding of the importance and value of a particular culture or heritage. (f) Granting a Certificate of Appropriateness for the Demolition would result in an irreparable loss to the City of a significant Resource. (g) The plans for the simultaneous new construction (if the Demolition is granted) are not compatible with the Property or District. (2) Demolition Delay Period. The Board may grant a Certificate of Appropriateness for Demolition which may contain a delayed effective date. The effective date will be determined by the Board based on the relative significance of the Resource and the probable time required to arrange a possible alternative to demolition. The Board may delay demolition for up to three (3) months. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the Resource. Such steps may include, but are not limited to: consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the Property by public or private bodies, or agencies; an exploration of the possibility of moving the Resource. (3) Salvage and Preservation of Specific Features. For designated sites, the Board may require the Property owner to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. (4) Authority to Initiate Designation. If an undesignated property warrants it and it is otherwise authorized under this ordinance, staff may initiate, or recommend that the Board initiate, the designation application and review process. Staff may further request that the Board require that the issuance of a demolition permit be stayed pending the Board's review of the application and the City Commission's decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this paragraph is one hundred twenty (120) days, unless extended by the City Commission. If for any reason the designation process is not completed and the demolition application is approved, the owner shall, at his/her expense, fully record the building prior to Demolition and attempt to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. d. Relocation. The existence of one or more of the following conditions may be the basis for denial of a relocation application: )l A] a. (1) The historic character or aesthetic interest of the Resource contributes to its present setting in such a manner that relocation would result in a substantial loss to the setting or District. (2) There are no definite plans for the area to be vacated. (3) There are definite plans for the area to be vacated that may adversely affect the character of the District. (4) The Resource cannot be moved without significant damage to its physical integrity. (5) The proposed relocation area is not compatible with the historic, cultural, and architectural character of the Resource. (6) Little or no effort has been made to consider relocation within the same District or within another District with compatible historic, aesthetic, cultural, or design qualities with the relocated Resource. e. Changes in Approved Work. Any change in the proposed work following the issuance of a Certificate of Appropriateness shall be reviewed by staff. If the proposed change does not materially affect the historic character or the proposed change is in accordance with the Board's decision, staff may administratively approve the change. If the proposed change is not in accordance with the Board's decision, a new Certificate of Appropriateness application for such change must be submitted for review. D. Historic Preservation Property Tax Exemption Program. 1. General. a. The granting of tax exemptions to owners who make improvements to Historic Properties was authorized by an amendment to the Florida Constitution and codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption program was established by Palm Beach County in 1995 (Ordinance 95-41), and may be implemented in the City through an interlocal agreement with the County and a local Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance authorizes granting exemptions from increases to ad valorem taxes for qualified improvements to qualifying properties. b. Exemptions. Exemptions for Historic Properties are intended for the physical improvements necessary to Restore or Rehabilitate the Historic Resource, which may include additions, Alterations and new construction. The improvements must comply with the Secretary of the Interior's Standards for Rehabilitation. The City and County will process the application following mutually established procedures through both the City and County Commissions. This program will provide an exemption from tax increases on the improvements to the Property for up to a 10 year period. The exemption is conveyed through a covenant that accompanies the deed of the Property and may be transferred to future owners during the abatement period. 2. Tax Exemption for Historic Properties. a. The City Commission hereby creates a tax exemption for the appropriate restoration, renovation or rehabilitation of qualifying historic properties designated herein. Qualifying property shall be exempt from that portion of ad valorem taxation levied by the City on one hundred percent (100%) of the increase in assessed value resulting from any appropriate renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. b. The above exemption does not apply to: (1) Taxes levied for payment of bonds; (2) Taxes authorized by a vote of the electors pursuant to section 9(b) or section 12, Article VII, of the Florida Constitution; or (3) Personal property. 3. Qualifying Properties and Improvements. a. The following real property in the City is qualifying property for the purposes of this subsection if at the time the exemption is approved by the City Commission, the property: (1) Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or (2) Is a contributing property to a national register -listed district; or (3) Is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and (4) Has been certified by the Board as satisfying subparagraphs (1)(a), (1)(b), or (1)(c) above. The exemption does not apply to improvements made to non-contributing principal buildings or non-contributing accessory structures. b. For an improvement to a historic property to qualify the property for an exemption, the improvement must: (1) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation, as amended. (2) Be determined by the Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended, and (3) Be consistent with any ordinance of the city designating the property as historic or designating the historic district in which the property is located. 4. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to Title XIV, Chapter 196.1998, Florida Statutes, which allows for exemption from ad valorem taxation of up to one hundred percent (100%) of the assessed value of the property as improved, a property is being used for government or nonprofit purposes if the sole occupant of at least sixty-five percent (65%) of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Chapter 617.013, Florida Statutes. As for being "regularly and frequently open" for public access, the property shall be open to the public not less than twelve (12) days per year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. 5. Application for Exemption; Fees. An applicant desiring an ad valorem tax exemption for proposed improvements to a historic property must file a request accompanied by its corresponding fee and all documentation required by the application checklist. The request shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources and promulgated in accordance with Rule 1A-38, Florida Administrative Code, and include additional information and documentation of the cost of the qualifying improvement. Part 1 of the application, the Preconstruction Application shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted to the City for review upon completion of the qualifying improvements. The Final Application/Request for Review of completed Work shall contain the Historic Preservation Exemption Covenant as established by the Department of State, Division of Historical Resources and applicable for the term for which the exemption is granted. 6. Preconstruction Application. The review process shall be initiated with the submittal of a Preconstruction Application to the City. The Preconstruction Application shall contain a copy of the application for Certificate of Appropriateness, information on project cost, and a copy of the most recent tax bill for the subject property from the Palm Beach County Property Appraiser. Upon the receipt of the Preconstruction Application by the City, the City shall conduct a review for eligibility in accordance with the requirements stated herein. 7. Review of Preconstruction Application. A review of the Preconstruction Application shall be completed by the City in accordance with the established schedule and process. a. Once the City determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained herein, the City shall approve the Preconstruction Application and issue a written notice to the applicant with a copy to the Board. b. If the City determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained herein, a written notice shall be provided to the applicant, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. 8. Appeals to the Historic Resources Preservation Board. a. Within ten (10) days of receipt of notice that the City has denied a Preconstruction Application, the applicant may file a written notice of appeal of the denial to the Board. The appeal shall be processed in accordance with the public meeting and notification procedures required of the City's quasi-judicial hearing process, except that public notices need only be mailed to owners of abutting or adjacent property as determined by the Historic Preservation Planner. b. If the Board denies the appeal, the applicant may appeal the action of the Board to the City Commission. 9. Issuance of Other Permits or Approval. If all or part of the proposed improvements require a building permit or other necessary approval of the City or any other governmental agency, the improvements shall also be reviewed pursuant to any other applicable code provisions of the City and require such corresponding approval. A Preconstruction Application shall not be approved by the City and issued until such permit or other approvals have been granted. No certificate of occupancy or completion shall be issued by the City until the Final Application has been approved by the City Commission and all appeal proceedings have been completed. 10. Completion of Work. An applicant must complete all work within two (2) years following the date of approval of a Part 1, Preconstruction Application by staff. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. The Board, upon the recommendation of the City, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. 11. Final Application and Request for Review of Completed Work. a. The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to paid contractor's bills, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the City shall inspect the completed improvements to ensure compliance with the Preconstruction Application, Certificate of Appropriateness, and any approved amendments. b. If the City determines that the work is a qualifying improvement and is in compliance with the review standards contained herein, the Final Application/Request for Review of Completed Work shall be approved and forwarded to the Board for review, and written notice shall be provided to the applicant. c. If the City determines that the work as completed is not in compliance with the Preconstruction Application or the established timeframe as described in this section, the applicant shall be given written explanation for such findings, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. The application will be forwarded to the Board for review once the applicant makes the adequate changes necessary for compliance, or upon receiving notice from the applicant that no further changes will be made to the project. 12. Recommendations to Historic Resources Preservation Board and City Commission. On completion of the review of a Final Application/Request for Review of Completed Work, the City shall present such Final Application in a regularly scheduled meeting of the Board and recommend that such Board grant or deny the exemption. The recommendation and explanation shall be provided in writing to the applicant and Board for consideration at a public meeting. The application, along with a recommendation of approval or denial shall subsequently be forwarded by the Board to the City Commission for final consideration. 13. Approval by the City Commission. Upon approval of a Final Application/Request for Review of Completed Work by the Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution to approve the Final Application shall indicate the property owner, property address and legal description, time period that exemption will remain in effect and expiration date, and shall require the owner to record the restrictive covenant in the Official Record Book of Palm Beach County. The applicant shall provide the City with two (2) certified copies of the recorded covenant. 14. Notice of Approval to the Property Appraiser. The City shall transmit the following certified copies to the Palm Beach County Property Appraiser: 1) recorded restrictive covenant; 2) approved Final Application/Request for Review of Completed Work; and the resolution of the City Commission approving the Final Application and authorizing the tax exemption. 15. Effective Date and Duration of Tax Exemption. When the City Commission approves a historic preservation tax exemption, the covenant shall be in effect for ten (10) years; however, the City Commission has the discretion to approve a shorter time frame if petitioned by the property owner. The effective date of the exemption shall be January 1 of the following year from when the covenant and resolution are recorded with the Palm Beach County Clerk of the Court. 16. Property Maintenance, Penalty, and Revocation. The character of the property and qualifying improvements are to be maintained during the period that the exemption is granted. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the revocation of the granted tax exemption, and the property owner being subject to the payment of taxes that would have been owed had the exemption not been initially granted (see subparagraph (2) below). The revocation process shall occur as follows: a. Revocation Proceedings. (1) Staff or the Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms and conditions of the covenant; (2) The Board shall provide notice to the current owner of record of the property and hold a revocation public hearing, and make a recommendation to the City Commission; (3) The City Commission shall review the recommendation of the Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided herein shall be provided to the owner, the Palm Beach County Property Appraiser and filed in the official records of Palm Beach County; (4) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1 of the year following receipt of the notice of revocation; and b. Notice of Penalties. The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of taxes that would have been due in March of each of the previous years in which the tax exemption and covenant were in effect had the property not received the exemption, less the amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for violation of the terms, conditions and standards of the Historic Preservation Exemption Covenant. 17. Annual Report. The City shall prepare an annual report to the City Commission regarding the tax exemption proposed in this article. The report shall be filed in January of each calendar year, and shall summarize the activities of the City and Board related to this article during the previous calendar year. The information shall include, but not be limited to, a list of the properties for which a Part 1, Preconstruction Application, and Part 2, Final Application/Request for Review of Completed Work were made during the preceding year; an explanation of the disposition of each application; the expenditures on each approved qualifying improvement during the calendar year; the total number of properties currently participating in the program provided within this article; and any other information requested by the City Commission. E. Standards for Archeological Work; Discovery of Archeological Site. 1. The Historic Preservation Planner shall be responsible for identifying, protecting, managing and promoting all cultural resources (historic and prehistoric sites and districts) within the municipal bounds. 2. Archaeological Work. Archeological surveys, assessments, excavations, and other work required by this ordinance shall be conducted by a qualified, professional archeologist and be consistent with the guidelines for such work promulgated by Palm Beach County that are consistent with accepted professional standards and regulations developed by the Florida Department of State Division of Historical Resources and the United States Department of the Interior, or their successor agencies. 17 3. Site Discovered During the Development Process. In the event that archaeological materials are discovered by ground disturbing activities on any property within the City, such activities in the immediate vicinity of the archaeological site shall be discontinued immediately and the Planning & Zoning Department notified. The site shall be inspected and may be required to be assessed by a qualified professional archaeologist at the expense of the property owner. 4. Unmarked Human Graves. If a discovery is made of an unmarked human grave or graves, then the procedures for notifying the State Archaeologist and County Medical Examiner shall be followed, consistent with state law. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-006, passed 2-15-11; Am. Ord. 12-008, passed 5-15-12; Am. Ord. 12-016, passed 10-2-12) Sec. 1. Overview. A. General. Pursuant to CIh ri2,L i li 11 sn II II ID sn".ilicir .B. an given parcel of land in the .................................................................................................................................................................. Y g city shall have a zoning district that corresponds with the Future Land Use Map (FLUM) classification of the Comprehensive Plan. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL R-1 R-1 R- R-1 R- R-3 IPUD PUD MHPD AAB AA 1A 13 2 Duplex 13 Multi Density (dwelling units per 5 5.5 6 7.5 10 11 Flexible10 Flexible10 Flexible10 acre): Project Area, Minimum N/A N/A N/A N/A N/A N/A N/A 5+ 10+ (acres) Lot Area per unit, 9,000 8,0008 7,500 6,000 4,500 4,00012 Flexible Flexible 4,200 Minimum (square feet): Lot Frontage, Minimum 90 75 60 60 75 100 Flexible Flexible N/A (feet): Living Area, Minimum A/C 1,800 1,600 1,400 1,200 750 750 Flexible Flexible N/A (square feet): Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% N/A N/A Floor -Area -Ratio (FAR) for N/A N/A N/A N/A N/A N/A N/A N/A N/A Non -Residential, Maximum: Structure Height, Maximum 30 30 30 30 30 456 457 456 30 (feet): Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 Flexibles Flexibles 20 Interior side: 10 108 7.5 7.5 10 20 Flexibles Flexibles 5 Corner side: 254 254 254 254 254 40 Flexibles Flexibles 1011 Rear: 204 204 204 204 254 40 Flexibles Flexibles 1011 Special rear yard setback Maximum Percentage of Reduction: reductions for 1 -story building additions abutting: 1-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A Intracoastal Waterway 50% 50% 50% 50% N/A N/A N/A N/A N/A (ICWW): Page 925 of 946 Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A Perimeter wall abutting non-residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 3 3 9 9 11 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed by administrative adjustments. 2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building line of a legally non -conforming single-family structure, or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning, required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30) feet. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 6. See Note #5 for additional setback requirements relative to building height. 7. A lesser building height may be required for compatibility with adjacent properties. See Note #5 for more setback requirements relative to building height. 8. The minimum lot area shall be seven thousand, five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7-1/2) feet for properties developed and/or platted prior to June 13, 1975. 9. Total usable open space shall be calculated at two hundred (200) square feet per dwelling unit (also see Chapter 4, Article III, Section 8.). Page 926 of 946 10. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the setback required for a single-family residence. 12. Multi -family dwellings and group homes require four thousand (4,000) square feet. All other uses allowed in R-3 require twenty thousand (20,000) square feet. 13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan, that (1) were originally platted or (2) were existing parcels as of April 1, 2020 may use the development regulations within this section to develop a single-family residence: C. Non -Residential Building and Site Regulations (Table 3-2). NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID REC PU Density (dwelling units per acre): N/A N/A N/A N/A N/A N/A N/A Flexible11 N/A N/A Project Area, Minimum (acres) N/A N/A N/A N/A N/A 311 N/A 2511 N/A N/A Lot Area, Minimum (square feet): 9,000 5,000 15,000 5,000 15,000 Flexible 10,000 Flexible 43,560 8,000 Lot Frontage, Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth, Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverage, Maximum: 40% 40% 40% 40% 75%18 40%11 60% 60% N/A N/A Floor -Area -Ratio (FAR), Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 0.50 1.00 Structure Height, Maximum (feet): 304 259 45 45 45 45 45 45 45 45 Building Setbacks, Minimum (feet)14,: Front 30 30 20 25 0 40 15 30 25 2513 Rear 20 20 202 205 206 40 203 30 25 2513 Interior side 10 15 01 155 0 30 154 20 25 1513 Corner side 10 20 20 155 87 30 15 30 25 1513 Building Setbacks, Minimum if abutting Page 927 of 946 a residential district (feet)' a,: Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A 1. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one (1) side. 2. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half (1/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 3. Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet. 4. Where rear yard abuts a paved alley or street, then no side setback shall be required. 5. Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10) feet and no side yard shall be required, except on corner lots. 6. Where rear property line abuts a public street or alley, rear yard setback may be reduced to eight (8) feet at first floor level, in which case, no setback shall be required at all other floor levels. 7. Eight (8) feet is required at first floor level. No setback shall be required at all other floor levels. 8. Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line. However, setbacks are measured from the mean high water line if the body of water is under the same ownership as the subject property. 9. Buildings designed with under -story parking shall be allowed a maximum building height of thirty-five (35) feet but only with conditional use approval. 10. The total ground floor area of all buildings and accessory structures shall not exceed forty percent (40%) of the plot on which they are constructed. 11. Contiguous acres. 12. Residential uses are only allowed within a mixed use pod of a PID that has a DRI future land use classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DRI. 13. For hospital buildings, additional setbacks in excess of thirty (30) feet shall be required for any height over forty-five (45) feet. The additional setback shall be measured by calculating three (3) additional feet of setback for each foot in height above forty-five (45) feet, not including minimal rooftop equipment that are eligible for height exception pursuant to Chapter 2, Article II, Section 4. 14. Overlay regulations may apply. See Section 8 for regulations pertaining to overlays. E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, URBAN 13,14 MU -1 MU -2 MU -3 MUS MU -C Page 928 of 946 MIXED USE, URBAN 13,14 MU -1 MU -2 MU -3 MU -4 MU -C Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 1002 1502 2002 2002 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)' 45 65 75 100 150/1254 Maximum Density (DUs/Acre)", 12 20 40 50 60 80 Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 07 07 07 07 07 Interior side 07 07 07 07 07 Building Setback, Minimum (ft.)' Rear abutting: Residential single-family 255/05,6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05,6 255 255 255 255 Usable Open Space, Minimum (sq. ft )9 N/A N/A 0.5% 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 3. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet consistent for a depth of a minimum of thirty (30) feet. Heights may require reduction where Page 929 of 946 adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. Height bonus may be granted through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 6. Where there is an intervening right-of-way of at least forty (40) feet. 7. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the minimum width and design of the PZ. The minimum PZ is comprised of three components: 1) a five (5) foot wide street tree area, measured from the back of the curb, or future curb on roads requiring a right-of-way dedication, 2) an eight (8) foot wide sidewalk (ten -foot (10') wide sidewalk when located within the Downtown District, as defined by the Community Redevelopment Area Plan), free from obstructions, measured from the centerline of street trees, and 3) an eight -foot (8') wide active area, measured from the sidewalk. The PZ components may vary in placement order only on sites with conflicting right- of- way regulations. See Section 5.C.2 below for additional relief provisions from build -to line requirements. 8. Locally registered historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, irtk 11„e S„e(:1ji„q„irn 8 for additional regulations. 10. Projects within the Downtown Transit -Oriented Development District (the Station Area) shall have minimum densities as follows: MU -1 - fifteen (15), MU -2 - twenty-five (25), MU -3 - thirty-five (35), MU -4 - forty-five (45) and MU -C - sixty (60) dwellings per acre. 11. Projects within the Downtown Transit -Oriented Development District (the Station Area) shall have a minimum FAR as follows: MU -3 - one and three-quarters (1.75), MU -4 (2.0) and MU -C - two (2.0). Maximum FAR for MU -3 may be increased to 3.5 if abutting property with the Mixed Use High future land use classification. 12. The maximum density for projects within the Downtown Transit -Oriented Development District (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. 13. Mixed use projects within urban mixed use zoning districts will meet ground floor COMMERCIAL USE requirement by including commercial uses serving the general public such as retail, restaurants, bars, entertainment, personal services, and offices. Resident -only serving amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition to the above uses, but shall not fulfill the commercial requirements. 14. Residential -only projects within MU -1, MU -2, and MU -3 zoning districts located within the Federal Highway District and the Heart of Boynton District, as defined by the Community Redevelopment Area Plan, will meet ACTIVE USE requirement by using design features - including street -fronting access - to allow residential use to engage with the street and provide the opportunity for interaction. Such features may be combined with building amenities such as lounges, gyms, common rooms, and recreation spaces on the ground floor. Page 930 of 946 Sec. 5. Nonconforming Uses. A. Definition. ee Iw..:s.I.............1.!...s........, Definitions. B. Existing Uses. 1. General. Any lawful use of land or structures existing on the effective date of the adoption or amendment of these zoning regulations, but which would become a nonconforming use under the terms of these Regulations or future amendments hereto, shall be permitted to continue, subject to the provisions of this section pertaining to its extension, alteration, reconstruction, business tax renewal, discontinuance or change. Any use or structure in lawful existence at the time of adoption or amendment of these zoning regulations which would thereafter require a conditional use approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review, and approval as a conditional use according to the procedures and standards set forth in these zoning regulations for conditional use approvals. However, if approval of a conditional use is not granted for such use or structure, then it shall continue to be construed as nonconforming. Any enlargement, increase, extension, or intensification of a use or structure would require such approval as if it were a new use or structure. Any alteration or movement of such use which the Development Director finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use approval, but shall conform to all other applicable provisions contained in the Boynton Beach Land Development Regulations. 2. Exclusions (Ordinance 12-010). Any legally conforming use with previous city approval or in possession of an active Business Tax Receipt and/or Certificate of Use at the time of this ordinance, but no longer listed as permitted or conditional in the zoning district in which it is located pursuant to Ordinance 12-010 shall continue to be considered conforming to the extent that it may expand business operations and/or associated building by up to twenty percent (20%), provided it does not expand onto an abutting lot. This same provision shall apply to the Land Use Option(s) of individual lots depicted on the Quantum Park Master Site Development Plan. C. Nonconforming Use Limitations. 1. Use of Land. No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of these Regulations, unless such use is subsequently changed to a use permitted in the district in which such use is located. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment to these Regulations, nor shall such nonconforming use be moved to any other parcel or located in any district within which said use is not permitted. No additional structures or buildings shall be erected in connection with such nonconforming use of land. 2. Use of Structures. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any Page 931 of 946 land outside the building or structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these Regulations. No structure used for a nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, unless the use is changed to one which complies with the provisions of these Regulations. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of non-bearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five percent (25%) of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these Regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. D. Change of Use. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Q I".r'ir , iii„SII„' IIS, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these Regulations. E. Discontinuance. If for any reason a nonconforming use of land, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. The issuance or existence of a required business tax receipt, permit, or other governmental authorization to conduct such nonconforming use shall not mean that the use has not ceased, but that the lack of the same shall create a refutable presumption that the use has ceased. F. Nonconforming Lots/Structures. See QIh r.Ng: [ iIicle V, Section 11 for the regulations pertaining to nonconforming lots and structures. G. es..2is Historic ices llhe resli ucLonx of UIlnlix c tlicn UIln l Iliirnii[ Ule cxtcinxiici1 ................................................................................................................................................................................................................................................................................................................................................................................................ nnlllcra,Licin ureconxlruCLO,112. Ilou§ncxx lax ucinew,a,lsconL nuan c or cIhan . c c� ancon cunfcrimiiun . N.....................................................................................................................N. �.�x of r u c r u td2 a �� ..� ! �.,� � � IIS t2 �.,� . it ..� p .. irjy that u .� II a .� t .. d ..� a �� the ., u � � .� II �.... a .� � .. it ..�f II N u .� t..� ire .. II II �.,� ....s. Page 932 of 946 Proposed LDR Amendments & Preservation Program Overview Promoting Historic Preservation Planning & Development Board: April 26, 2022 City Commission: May 17, 2022 Page 933 of 946 Selected Milestones • 1979 - Boynton Woman's Club Nationally Registered • 1994 - "Boynton School" Nationally Registered • 1996 - Historic Site Survey • 2009 - Ad hoc Committee established • 2011 - H.P. Planner hired • 2011 - H.P. Program established • 2012 - CLG Status Achieved • 2012 - 1St Local Registry Designation; 331 NW 1St Ave. • 2021 - Recognition PLAQUE designed/fabricated Page 934 of 946 Program Overview • 2011 - FT Planner hired, Program established • Inventory of Historic Assets (1996 Historic Site Survey) • Designation of historic properties (the Local Registry) • Asset Education & Promotion • Certificate of Appropriateness • Establishment of Historic Districts • Tax Exemption Program • CLG maintenance Page 935 of 946 Program Benefits • Grant eligibility or priority • Visual and economic wealth for a community • Preservation promotes sustainability • Tax exemption for repairs & improvements • Exemption from codes oCurrent & pending • Education o Design o Events Page 936 of 946 Proposed Amendments Objectives • Provide exemptions from and reductions in Lot & Bldg. Stnds. • Address conflict with redevelopment plan initiatives. • Establish exceptions for non -conforming uses. • Increase applicability of demolition review for "priority sites". Page 937 of 946 Proposed Amendments Lot/Site Standards — Exemptions or Reductions • Establish "Modified Building Standards". • Exemptions or Reductions: • Exempt from min. lot area, frontage, and living area; • 10% increase in max. lot coverage; and • Legal non -conforming setbacks. • Review for compliance with drainage standards. • Simpler and quicker alternative to variance. • Immediate application of the amendments. Page 938 of 946 Proposed Amendments Address conflict with redevelopment standard • Most MU Districts require full block assembly. • "Full -block assembly could be interrupted by historic site. • Increased pressure to acquire/demo historic properties or • Prevent desirable redevelopment project; • Allows incorporation of historic site into redev. project; • Excludes MU -1 district (not held to full -block assembly.) Page 939 of 946 Proposed Amendments Exempt designated properties from non -conforming use rules • Existing use not allowed within the zoning district. • N -C uses could include 2 -family and multi -family structures. • N -C label limits type and value of improvements to property. • Prevents expansion or significant improvements to property. • Could discourage investment and preservation of property. • Could prevent rebuilding/restoring historic structures. Page 940 of 946 Proposed Amendments Review of demolition requests • Demo of designated sites could require: • Petition for removal of designation • Certificate of Appropriateness review for replacement • Updating record on property • Salvaging of historic features • Slowing demo process can facilitate promotion of preservation • Amendment: • Facilitates establishment of a priority list of sites for designation • Approximately 5 to 10 selected from 1996 Survey • Encourages preservation over demo • Ensures thorough documentation of site if demolished • Expands exemption criteria to prevent unnecessary review if not warranted. Page 941 of 946 Examples III NW 1st Ave - 1926 Duplex Mission Non -conforming setbacks & Use Stoll (1 0 S 4'en I Page 942 of 946 LOT3 LOT4 BLOCK 2 BLOCK 2 N89'48'207 50 00' &A ONE STOP BU9.14NG 1,41 20A LOT 21 B1 OCK 2, LOT 22 BLOCK 7 CONCREFF CONGRETE TWO STORY REODENCE # 331 21 7' W'20"W 50,00" Examples R� UI 330 NW 15t Ave - 1924 Mission Non -conforming setbacks, min. living area Page 943 of 946 Examples 402 W. BBBIvd. - 1925 Tri-plex - Mission Non -conforming setbacks & Use Page 944 of 946 Examples '01 419 SW 41" St. — Circa 1930 — Frame Vernacular Desired for land assembly Page 945 of 946 Requested Proposed LDR Amendments & Program Overview Page 946 of 946