City Commission

The City of Boynton Beach City Commission Agenda Tuesday, October 1, 2024, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Aimee Kelley, Vice Mayor (District IV) Angela Cruz, Commissioner (District I) Woodrow L Hay, Commissioner (District II) Thomas Turkin, Commissioner (District III) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk City Commission Meeting 6:00 PM *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1

Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City 2

1. Openings A. Call to Order - Mayor Ty Penserga 2. Other A. Information Items by members of the City Commission. 3. Announcements, Community and Special Events And Presentations A. Proclamation- Hispanic Heritage Month. B. Proclamation- Animal Welfare Month. 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: 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 Maylee De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Roll Call. Invocation by Pastor Nate Santos, Living Waters Church. Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Read and present the proclamation naming September 15, 2024 to October 15, 2024 as Hispanic Heritage Month to the following: Juan Pagan, President of the Florida Hispanic American Chamber of Commerce; Laura Hanley and Virginia Savietto from the Latino Leadership Alliance Government Relations Committee; and City Clerk Maylee De Jesus, incoming President for the Florida Chapter of the Local Government Hispanic Network. Read and present the proclamation to Megan Weinberger, from Rescue Life, naming October 2024 as Animal Welfare Month. 3

C. Announcement of the Senior Health Fair 4. Public Audience 5. Administrative A. Advisory Board Appointments. B. Discussion regarding adding a Sister City from Ireland. 6. Consent Agenda A. Proposed Resolution No. R24-216- Approving the conditional settlement and release in the amount of $100,000 for the resolution of Kathryn Matos v. City of Boynton Beach, EEOC Charge No. 510-2024 and related claims. (Tabled from September 23rd, 2024) B. Proposed Resolution No. R24-225- Approving an agreement with Palm Beach County for the EMS Grant in an amount not to exceed $17,852.50 to reimburse the City for its purchase of 18 Handtvey Pediatric Bags with training, medication, and equipment guides. C. Proposed Resolution No. R24-226- Approve the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Staffing of Emergency Shelters by Emergency Medical Services Staff. D. Proposed Resolution No. R24-227- Approve the First Amendment to the Subrecipient Agreement, granting a three-month extension to the Agreement with Boynton Beach Faith Based Community Development Corporation Inc., for the Community Development Block Grant - Limited Rehabilitation Program as previously The Semi-Annual Senior Health Fair will be held on Tuesday, October 15th from 10 A.M. to 12 P.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. This event is free to the public providing health resources and services from healthcare providers for Seniors and their caregivers along with free health screenings, fitness demonstrations, and door prizes. For more information contact the Boynton Beach Senior Center at 561-742-6570. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Speakers will be limited to 3-minute presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission). City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Requested by Vice Mayor Kelley. Jeanne Heavilin, from Sister Cities, will be in attendance to answer any questions. Staff recommends approval of proposed Resolution No. R24-216. Staff recommends approval of Proposed Resolution No. R24-225. Staff recommends approval of Proposed Resolution No. R24-226. 4

approved by Resolution No. R23-124. E. Proposed Resolution No. R24-228- Approve the Limited Term Extension Amendment to the Agreement between the City of Boynton Beach and Clean Space, Inc., f/k/a Kelly Janitorial Systems, Inc., for janitorial services for City municipal buildings and facilities. F. Proposed Resolution No. R24-229- Approve the renewal of General and Excess Liability coverage with Evanston Insurance Company for leased property at Mangrove Park. G. Proposed Resolution No. R24-230- Approving and authorizing the Mayor to sign an Owner affidavit form for building renovations at 124 E. Woolbright Road. H. Proposed Resolution No. R24-231- Approving a First Amendment to the temporary parking easement with Time Equities for the City's use of the gravel lot west of the North Parcel. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R24-232- 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 with an annual expenditure not to exceed $100,000. B. Proposed Resolution No. R24-233- Approve the purchase of parts and equipment with The Peterbilt Store as a Sole Source vendor for original equipment manufacturer for Peterbilt. Provides service, parts and warranty of Peterbilt trucks, with an annual expenditure not to exceed $100,000. C. Proposed Resolution No. R24-234- Approve the purchase of parts and equipment with Sunbelt Hydraulic & Equipment as a Sole Source vendor for original equipment manufacturer for Heil Refuse Bodies equipment. Provides service, parts, and warranty of Heil Refuse Bodies, with a not to exceed annual expenditure of $100,000. D. Proposed Resolution No. R24-235- Award Bid #UTL24-060 for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility Systems" to Madsen/Barr Corp. as the primary vendor and Hinterland Group, Inc. as the secondary vendor. The expected expenditure amount for the term of this agreement is $3,000,000. Staff recommends approval of Proposed Resolution No. R24-227 . Staff recommends approval of Proposed Resolution No. R24-228. Staff recommends approval of Proposed Resolution No. R24-229. Staff recommends approval of Proposed Resolution No. R24-230. Staff recommends approval of Proposed Resolution No. R24-231. Staff recommends approval of Proposed Resolution No. R24-232. Staff recommends approval of Proposed Resolution No. R24-233. Staff recommends approval of Proposed Resolution No. R24-234. 5

8. Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 24-018- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida; Amending Chapter 18, Article IV, Pensions for Firefighters, Section 18-185 "Normal Retirement Date," of the City Code to Permit Normal Retirement at Twenty Years of Service by Removing the Second Tier Adopted in 2019; providing for inclusion in the code; providing for severability; providing for a repealer; and providing for an effective date. 9. City Manager’s Report 10. Regular Business A. Conduct annual performance evaluation for Daniel Dugger, City Manager. B. Discussion regarding an ordinance regulating the sale of recreational marijuana in the City of Boynton Beach. C. Proposed Ordinance No. 24-020- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Article II of Chapter 18 of the Boynton Beach Code of Ordinances entitled Employees' Pension Plan amending Section 18-145 City of Boynton Beach Investment Policy for General Employees' Pension Fund; providing for codification; providing for severability of provisions; repealing all ordinances in conflict herewith and providing for an effective date. D. Proposed Ordinance No. 24-021- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part III, Chapter 4, "Site Development Standards," Article X, "Flood Prevention Requirements," Section 1.C "Administration," Section 1.D, "Applicability," and Section 5.E "Building and Structures"; providing for codification, severability, conflicts, and providing for an effective date. Staff recommends approval of Proposed Resolution No. R24-235. Staff recommends approval of Proposed Ordinance No. 24-018, on second reading. Pursuant to the City Manager's appointment agreement, the City Commission will provide the City Manager with a performance evaluation no less than annually. This will be Mr. Dugger's second performance evaluation and his current base salary is $215,250. Discussion item requested by City Attorney. Staff recommends approval of Proposed Ordinance No. 24-020, at first reading. Staff recommends approval of Proposed Ordinance No. 24-021, on first reading. 6

E. Proposed Resolution No. R24-236- Approving and authorizing the Mayor to sign a Restrictive Covenant for Harvey E. Oyer Jr. Park. F. Proposed Resolution No. R24-237- Approve the disposition of land by the Boynton Beach Community Redevelopment Agency to Maple Tree Investments, LLC for the property located at 401 E. Boynton Beach Blvd., 407 E. Boynton Beach Blvd., and 411 E. Boynton Beach Blvd., for a purchase price less than fair market value. 11. Future Agenda Items A. Update on upgrades to water treatment plants to meet future drinking water regulations.- October 15, 2024 B. Discussion regarding Artificial Turf Ordinance.- October 15, 2024 C. Discussion regarding Rapid Re-housing Program.- October 15, 2024 D. Discussion regarding additional digital signs. - November 4, 2024 E. Discussion regarding City entry way signage. - November 4, 2024 F. Discussion regarding Procurement Policies and Procedures, including local business preference. - December 3, 2024 G. Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga H. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz I. Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz J. Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley 12. Adjournment Staff recommends approval of Proposed Resolution No. R24-236. Staff recommends approval of Proposed Resolution No. R24-237. Requested by Mayor Penserga. Requested by Commissioner Turkin. Requested by Mayor Penserga. Requested by Commissioner Hay. Requested by Mayor Penserga. Requested by Mayor Penserga and Commissioner Cruz. Requested by Mayor Penserga. Requested by Commissioner Cruz. Requested by Commissioner Cruz. Requested by Vice Mayor Kelley. Notice 7

If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 8

City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 10/ 1/2024 Meeting Date: 10/ 1/2024 Proclamation- Hispanic Heritage Month. Requested Action: Read and present the proclamation naming September 15, 2024 to October 15, 2024 as Hispanic Heritage Month to the following: Juan Pagan, President of the Florida Hispanic American Chamber of Commerce; Laura Hanley and Virginia Savietto from the Latino Leadership Alliance Government Relations Committee; and City Clerk Maylee De Jesus, incoming President for the Florida Chapter of the Local Government Hispanic Network. How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Hispanic Heritage Month.docx 9

Proclamation WHEREAS, Hispanic Americans represent a wide range of nationalities and backgrounds, coming from diverse locations including Central America, South America, the Caribbean and Spain; and WHEREAS, Hispanics of every race, class, and multiple nationalities have made historic contributions to the growth and strength of Palm Beach County; and WHEREAS, Hispanics continue to enrich our nation’s character, shape our common future, and affirm the narrative of American unity and progress; and WHEREAS, during National Hispanic Heritage Month, we celebrate Hispanic culture, honor the invaluable ways Hispanics contribute to our common goals, and work toward a stronger, more inclusive, and more prosperous society for all; and WHEREAS, in celebration of Hispanic Heritage Month, we honor the contributions Hispanics have made in the City of Boynton Beach, and we highlight an important part of the diversity that keeps our community strong. NOW, THEREFORE, be it resolved, that I, Commissioner Angela Cruz, and Ty Penserga, Mayor of the City of Boynton Beach, hereby proclaim September 15, 2024 through October 15, 2024, in the City of Boynton Beach, as: Hispanic 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 1 st day of October, Two Thousand and Twenty-Four. Angela Cruz, Commissioner- District I Ty Penserga, Mayor ATTEST: Maylee De Jesús, MPA, MMC City Clerk 10

City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 10/ 1/2024 Meeting Date: 10/ 1/2024 Proclamation- Animal Welfare Month. Requested Action: Read and present the proclamation to Megan Weinberger, from Rescue Life, naming October 2024 as Animal Welfare Month. How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Animal Welfare Month.docx 11

Proclamation WHEREAS, the welfare of animals is a vital concern for the City of Boynton Beach, FL and our community as a whole; and WHEREAS, animals enrich our lives and contribute to our community’s well-being and quality of life; and WHEREAS, awareness and advocacy for animal welfare are essential for promoting the humane treatment of all animals; and WHEREAS, it is appropriate to recognize the month of October as Animal Welfare Month; and WHEREAS, through public engagement, the City of Boynton Beach, FL seeks to encourage responsible pet ownership, support local shelters, and promote the importance of spaying and neutering; and WHEREAS, residents are encouraged to utilize our dog friendly parks and participate in animal welfare events, and initiatives throughout October to increase awareness and advocate for the protection of animals in our community; and WHEREAS, local organizations and volunteers play a crucial role in fostering compassion and care for animals, working diligently to ensure their safety and well-being. NOW THEREFORE, I, Commissioner Thomas Turkin, and Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim October as: Animal Welfare 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 1 st day of October, Two Thousand Twenty-Four. Thomas Turkin, Commissioner Ty Penserga, Mayor ATTEST: Maylee De Jesús, MMC, City Clerk 12

City of Boynton Beach Agenda Item Request Form 3.C Announcements, Community and Special Events And Presentations 10/ 1/2024 Meeting Date: 10/ 1/2024 Announcement of the Senior Health Fair Requested Action: The Semi-Annual Senior Health Fair will be held on Tuesday, October 15th from 10 A.M. to 12 P.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. This event is free to the public providing health resources and services from healthcare providers for Seniors and their caregivers along with free health screenings, fitness demonstrations, and door prizes. For more information contact the Boynton Beach Senior Center at 561-742-6570. Explanation of Request: Announcement of Senior Health Fair How will this affect city programs or services? Support Services provided by Public Works, Public Affairs, and Marketing Departments. Fiscal Impact: This is a free event. 13

City of Boynton Beach Agenda Item Request Form 5.A Administrative 10/ 1/2024 Meeting Date: 10/ 1/2024 Advisory Board Appointments. Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory_Board_Appointments_Reappointments_and_Applicants_for_October 1 2024.docx Talyor, Robert - Municipal Firefighters' Pension Trust Fund.pdf Patterson, Frando - Recreation & Parks Board.pdf Ryder, Cheryl - Senior Advisory Board.pdf 14

Advisory Board Vacancies October 1, 2024 Affordable Housing Advisory Committee 3 Year Term Mayor Penserga Citizen actively engaged as a for-profit provider of affordable housing Applicants: None Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant II Turkin Regular Vacant Applicants: None Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Replaces Daniel Berger – 2 nd term expired Vice Mayor Kelley Regular Replaces Paul Bortz – 2 nd term expired I Cruz Regular Replaces Timothy Dornblaser – 2 nd term expired II Hay Regular Replaces Sanford Guritzky – 2 nd term expired III Turkin Regular Vacant Mayor Penserga Regular Vacant Vice Mayor Kelley Alternate Vacant I Cruz Alternate Vacant Applicants: None Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms Vice Mayor Kelley Regular Vacant Applicants: None Employees’ Pension Plan Board of Trustees Vice Mayor Kelley Member Employee Representative (Non-Bargaining) I Cruz Member Employee Representative (Non-Bargaining) Applicants: None Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Alternate Replaces Victor Norfus – did not apply for 2 nd term I Cruz Alternate Vacant Applicants: None Municipal Firefighters’ Pension Trust Fund Vice Mayor Kelley Reg 4-year term 1 Cruz Reg 4-year term Applicant: Bob Taylor 15

Advisory Board Vacancies October 1, 2024 Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Kelley Alternate Vacant I Cruz Alternate Vacant Applicant: Frando Patterson Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant Mayor Penserga Alternate Vacant Vice Mayor Kelley Alternate Vacant Applicant: Cheryl Rider 16

This Message Is From an External Sender This message came from outside your organization. From: City Clerk To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Date: Wednesday, September 18, 2024 1:24:33 PM From: roberttaylorboynton <noreply@123formbuilder.com> Sent: Wednesday, September 18, 2024 1:17 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 09/18/2024 Name Robert Taylor Phone number 561-737-1960 Address 4 Via Lago Boynton Beqach Florida 33435 United States Email roberttaylorboynton@ gmail. com Current occupation or, if retired, prior occupation Chief Financial Officer ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Today's date 09/18/2024 Name Robert Taylor Phone number 561-737-1960 Address 4 Via Lago Boynton Beqach Florida 33435 United States Email roberttaylorboynton@gmail.com Current occupation or, if retired, prior occupation Chief Financial Officer Education Double Masters: Health Care Finance and Accounting Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business within City limits? No If "yes", name of business: Are you currently serving on a City board? Yes Have you served on a City board in the past? Yes If "yes", which board(s) and when? I have served on the Firefighter's Pension Board of Trustees in either a full trustee position or as an ex-officio for over twenty 17

(20) years. Have you ever been convicted of a crime? No If "yes", when and where? Advisory Board Firefighters' Pension Trust Fund If appointed by the City Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity? No Personal Qualifications I have spent the bulk of my professional life (over 50 years) working in the accounting field with emphasis on preparation and presentation of financial statements, development of capital and operating budgets, investment of excess operating funds in bonds, equities or other qualified investments, issuance of short and long term debt, internal auditing, etc. I have significant experience in just about every aspect of financial accounting and investment management. These work experiences "dove tail" very nicely with the primary responsibilities of the Firefighter's Pension Trust Fund. Professional Memberships 1. Member of the Healthcare Financial Management Association on the state (member and President) and national level (Director) 2. President and Member of the Boynton Beach Chamber of Commerce for multiple years. 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 64.222.112.90 (United States) at 2024-09-18 12:16:57 on Chrome 128.0.0.0 Entry ID: 722 Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 18

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City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 10/ 1/2024 Meeting Date: 10/ 1/2024 Proposed Resolution No. R24-216- Approving the conditional settlement and release in the amount of $100,000 for the resolution of Kathryn Matos v. City of Boynton Beach, EEOC Charge No. 510-2024 and related claims. (Tabled from September 23rd, 2024) Requested Action: Staff recommends approval of proposed Resolution No. R24-216. Explanation of Request: Kathryn Matos has served as the City’s Assistant City Manager since 2019. Ms. Matos filed an EEOC charge against the City of Boynton Beach, alleging violations of the Americans with Disabilities Act and the Florida Civil Rights Act, and related damages. Ms. Matos’ charge is based on the alleged unauthorized disclosure of Ms. Matos’ private health information to the Mayor and the media by the City’s former Director of Human Resources. The Settlement Agreement provides for payment of $100,000 for the settlement and release of Ms. Matos’ EEOC claim against the City, including all attorney’s fees and costs. Concurrently with the Settlement Agreement, Ms. Matos will also execute a Separation Agreement, resigning her employment with the City and releasing the City from any and all claims related to her employment. Ms. Matos will receive payment of her severance and any accrued time off (vacation and sick leave) per City policies. Ms. Matos reserves the right to pursue legal action against the Former Human Resources Director in her personal capacity. The City Code provides that the settlement of all claims over $50,000 requires approval from the City Commission. How will this affect city programs or services? The City does not admit liability in this matter by approving the settlement. If the Commission chooses not to approve the settlement, the litigation between the parties will continue resulting in further fees and costs to the City. Fiscal Impact: Approval will result in payment of a $100,000 settlement plus Ms. Matos' severance and accruals. Upon approval, Ms. Matos' position will be eliminated, resulting in savings to the City and the reduction of 1 FTE. Attachments: Agenda_Item_2184-2023_Matos_Settlement (1).docx Exhibit A to Resolution.pdf Exhibit B to Resolution.pdf EEOC_Charge_06.19.24_Redacted.pdf 24

Separation Agreement Execution Version.pdf 25

RESOLUTION NO. R24-XXX1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON3 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT4 AGREEMENT AND RELEASE OF KATHRYN MATOS V. CITY OF5 BOYNTON BEACH, EEOC CHARGE NO. 510-2024 FOR THE AMOUNT OF6 $100,000, PROVIDING AN EFFECTIVE DATE, AND FOR ALL OTHER7 PURPOSES.8 9 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that10 the authority for settlement of all claims in excess of $50,000 shall require approval of the City11 Commission by formal resolution; and12 WHEREAS, Ms. Matos brought a claim for damages stemming from alleged violations of13 the Americans with Disabilities Act and the Florida Civil Rights Act by the former Director of14 Human Resources that occurred on or about December 19, 2023, in EEOC Claim No. 510-2024;15 and16 WHEREAS, a Conditional Settlement Agreement and Release was reached with Ms. Matos17 and her attorney for a total amount of $100,000 in exchange for general release of all claims,18 including all attorney’s fees and costs; and19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in20 the best interests of the citizens and residents of the City of Boynton to approve the Conditional21 Settlement Agreement and Release of EEOC Claim No. 510-2024 totaling $100,000.22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON23 BEACH, FLORIDA, THAT:24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as25 being true and correct and are hereby made a specific part of this Resolution upon adoption26 hereof.27 SECTION 2. The City Commission hereby approves the $100,000 Conditional Settlement28 Agreement and Release, attached hereto as “Exhibit A” and “Exhibit B” and authorizes the29 Mayor to sign the Conditional Settlement Agreement and Release and any ancillary documents.30 SECTION 3. The fully executed Conditional Settlement Agreement and Release shall be31 provided to the City Clerk to be retained as a public record of the City.32 26

SECTION 4. This Resolution shall take effect as provided by law.33 PASSED AND ADOPTED this 23rd day of September 2024.34 CITY OF BOYNTON BEACH, FLORIDA35 YES NO36 Mayor – Ty Penserga _____ _____37 38 Vice Mayor – Aimee Kelley _____ _____39 40 Commissioner – Angela Cruz _____ _____41 42 Commissioner – Woodrow L. Hay _____ _____43 44 Commissioner – Thomas Turkin _____ _____45 46 VOTE ______47 ATTEST:48 49 _____________________________ ______________________________50 Maylee De Jesús, MPA, MMC Ty Penserga51 City Clerk Mayor52 53 APPROVED AS TO FORM:54 55 (Corporate Seal) _______________________________56 Shawna G. Lamb57 City Attorney58 27

Conditional Settlement Agreement Page 1 of 4 CONDITIONAL SETTLEMENT AGREEMENT Case Name: KATHRYN MATOS v. CITY OF BOYNTON BEACH File No.: 24-0506 The parties, KATHRYN MATOS (hereinafter referred to as the “Plaintiff”) and CITY OF BOYNTON BEACH (hereinafter referred to as the “City”), have reached a settlement of all claims that Plaintiff may have against the City and its respective officials, officers, employees or agents, in their official or individual capacity, employees, Commissioners, insurers (except as provided herein), insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups (collectively, the “Releasees”) . This settlement specially includes, but is not limited to, any and all claims against the City of Boynton Beach in the above- styled claim. City agrees to pay the total amount of ONE HUNDRED THOUSAND and 00/100 Dollars ($100,000.00) to the Plaintiff as compensation for Plaintiff’s alleged compensatory damages for personal injury caused by emotional distress based upon Plaintiff’s representation that she has suffered a demonstrable personal injury, and attorneys’ fees and costs for which Plaintiff and Plaintiff’s counsel shall receive a Form 1099-MISC (Other Income). This payment will be made payable to the Trust Account of Sass Law Firm (o/b/o Plaintiff) and received by Plaintiff’s counsel within 30 calendar days of the date the City approves this settlement agreement. Plaintiff and Plaintiff’s counsel agree to provide the City with the required Form W-9s. The parties to this agreement acknowledge that this settlement agreement is contingent upon further approval as set in the City’s Charter and Codes relative to the settlement of claims, which the City will seek by September 30, 2024. If the City does not approve this Conditional Settlement Agreement and the General Release between the parties, this Agreement shall be null and void and Plaintiff and the City shall be returned to the status quo before the signing of this Agreement. Plaintiff agrees to accept the said amount in a complete and total settlement of all claims that Plaintiff may have against the City and its respective officials, officers, employees (both presently or previously employed), or agents, in their official or individual capacity, from the beginning of the world to the date Plaintiff signs this Agreement. In consideration of the payment described above and mutual promises set forth in this Agreement and except as provided herein, 28

Conditional Settlement Agreement Page 2 of 4 Plaintiff, on behalf of Plaintiff, her spouse, issue, heirs, successors, current and former agents, representatives, assigns, executors, beneficiaries, and administrators, hereby releases and forever discharges the City, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups (collectively, the “Releasees”), from any and all charges, grievances, complaints, claims, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, and, whether accrued or unaccrued, liabilities, obligations, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred) of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, which Plaintiff ever had, has or may claim to have against the Releasees including but not limited to any claims related in any way to Plaintiff’s employment with or separation from employment with the City, EEOC Charge (Charge No. 510-2024-08512), any claims for unpaid wages, back pay, overtime, commissions, bonuses, incentive pay, vacation pay, unpaid leave, legal fees, royalties, severance or other compensation, or any claims arising under any contracts, express or implied, or any tort, including, without limitation, intentional infliction of emotional distress, harassment, discrimination, including any claim under the Age Discrimination in Employment Act, retaliation, interference, defamation, fraud and breach of duty, or any legal restrictions on the City’s right to terminate Plaintiff, and any federal, state or other governmental common law, statute, regulation or ordinance, through the date Plaintiff signs this Agreement. Notwithstanding this full and complete general release of all claims and damages, nothing herein is intended to waive any rights or claims to vested benefits in any City-sponsored retirement and/or deferred compensation plan. Nor is this release intended to waive Plaintiff’s insurance coverage and/or payment for medical claims for medical services submitted through the City’s health insurance plans prior to Plaintiff’s execution of this Agreement or her right to continuation of health insurance coverage as allowed by law or Plaintiff’s rights to any rights to indemnification under the City’s policies and procedures if anyone pursues a claim against her in her official capacity as an employee, representative or agent of the City. Should any Releasee bring a claim against Employee, Employee’s release as to that specific individual is null and void and Employee may pursue any such claims against that individual in their individual capacity. In consideration of the promises made by Plaintiff in this Agreement, the City, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or 29

Conditional Settlement Agreement Page 3 of 4 representatives, including all current and former members of the foregoing groups, in their official capacity as to each, (“City Releasors”) knowingly and voluntarily release and forever discharge Plaintiff of and from any and all claims, known and unknown, anticipated and unanticipated, asserted and unasserted, which City Releasors have or may have against Plaintiff as of the date of execution of this Agreement, including, but not limited to, any alleged violation of any federal, state or local law, rule, regulation or ordinance; any public policy, contract, tort, or common law; or any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in this matter. The Parties agree to execute the General Release attached to this Conditional Settlement Agreement as Exhibit 1, releasing each other. Plaintiff also agrees to submit a request for dismissal with prejudice of her EEOC charge to the City’s satisfaction and any other pending actions within three (3) days of the Effective Date. Plaintiff agrees to cooperate with the City’s attorneys to ensure the full dismissal of Plaintiff’s EEOC Charge. The Plaintiff agrees to execute any and all Medicare status forms according to Section 111 of the Medicare, Medicaid, SCHIP Extension Act of 2007 and the Medicare Secondary Payer Act (MSP), 42 U.S.C. § 1395y(b)(2) and §1862(b)(2)(A)/Section and § 1862(b)(2)(A)(ii) of the Social Security Act; and or any Addendum to the Separation Agreement and the General Release with regard to Medicare’s Interest that may be required by Rule of Law. Plaintiff represents that Plaintiff is not a Medicare beneficiary or receiving Medicare benefits. This Agreement, the General Release, and that Separation Agreement and Release contain the entire understanding and agreement between the Parties and shall not be modified or superseded, except upon express written consent of the Parties to this Agreement. This Agreement shall become effective on the next business day following the City Commission’s approval of this Conditional Settlement Agreement and the General Release, and the eighth day after Employee signs this agreement, unless Employee revokes it (“Effective Date”). [signatures follow on next page] 30

Conditional Settlement Agreement Page 4 of 4 Dated this day of , 2024. KATHRYN MATOS City of Boynton Beach City Attorney’s Office 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: (561) 742-6051 SHAWNA G. LAMB City Attorney Fla. Bar No.: 0143634 31

Page 1 of 3 KM EXHIBIT 1 GENERAL RELEASE THIS INSTRUMENT is executed this day of ____________, 2024, by KATHRYN MATOS, for myself/heirs, my/our executors, administrators, and/or successors, hereinafter called “Releasor.” By executing this Instrument, Releasor acknowledges being of lawful age and of sound mind, and hereby fully, finally, and completely release and discharge CITY OF BOYNTON BEACH and the individuals and entities described below and referred to as “Releasees”, from any and all claims, rights, and actions whatsoever, for which said Releasees are or may be legally or equitably responsible or liable. NOW THEREFORE, in consideration of the sum of $100,000.00 in hand paid to the Releasor by or on behalf of Releasees, the receipt and sufficiency of which is hereby acknowledged. Releasor agrees as follows: In consideration of the payment described above and mutual promises set forth in this Release and except as provided herein, Releasor, on behalf of Releasor, her spouse, issue, heirs, successors, current and former agents, representatives, assigns, executors, beneficiaries, and administrators, hereby releases and forever discharges the Releasees, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups (collectively, the “Releasees”), from any and all charges, grievances, complaints, claims, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, and, whether accrued or unaccrued, liabilities, obligations, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred) of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, which Releasor ever had, has or may claim to have against the Releasees including but not limited to any claims related in any way to Releasor’s employment with or separation from employment with the Releasees, any claims for unpaid wages, back pay, overtime, commissions, bonuses, incentive pay, vacation pay, unpaid leave, legal fees, royalties, severance or other compensation, or any claims arising under any contracts, express or implied, or any tort, including, without limitation, intentional infliction of emotional distress, harassment, discrimination, including any claim under the Age Discrimination in Employment Act, retaliation, interference, defamation, fraud and breach of duty, or any legal restrictions on the Releasees’ right to terminate Releasor, and any federal, state or other governmental common law, statute, regulation or ordinance, through the date Releasor signs this Agreement. Notwithstanding this full and complete general release of all claims and damages, nothing herein is intended to waive any rights or claims to vested benefits in any City-sponsored retirement and/or deferred compensation plan. Nor is this release intended to waive Releasor’s insurance coverage and/or payment for medical claims for medical services submitted through the Releasees’ health insurance plans prior to Releasor’s execution of this Agreement or her right to continuation of health insurance coverage as allowed by law or Releasor’s rights to any rights to indemnification under the Releasees’ policies and procedures if anyone pursues a claim against Releasor in her official capacity as an employee, representative or agent of the City. Should any Releasee bring a claim against Releasor, Releasor’s release as to that specific individual is null and void and Employee may pursue any such claims against that individual 32

Page 2 of 3 KM in their individual capacity. In consideration of the promises made by Releasor in this Agreement, the City, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups, in their official capacity as to each, (“City Releasors”) knowingly and voluntarily release and forever discharge Releasor of and from any and all claims, known and unknown, anticipated and unanticipated, asserted and unasserted, which City Releasors have or may have against Releasor as of the date of execution of this Agreement, including, but not limited to, any alleged violation of any federal, state or local law, rule, regulation or ordinance; any public policy, contract, tort, or common law; or any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in this matter. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim and that the payment made is not to be construed as an admission of liability on the part of the Releasees, and that said Releasees deny liability and, therefore, intend merely to avoid unnecessary and costly litigation. The Releasor and City Releasors freely and voluntarily execute this Release after being apprised of all relevant information and data furnished by their agents, contractors, consultants, and/or attorneys. In executing this Release, the Releasor does not rely on any inducements, promises, or representations made by the Releasees or any of the Releasees’ representatives. Furthermore, no promise, inducement, or agreement not herein set forth has been made to the Releasor, and this Release contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not merely a recital. Further, that the Releasor has or will discharge or indemnify, defend, and save harmless the Releasees from any and every damage claim, right, action, demand, lien, known or unknown, to either party hereto of every kind or character which may ever be asserted by reason of or in relation to the instant claim. Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree, which carries a maximum prison sentence of five years. Such actions may lead to criminal prosecution, the invalidation of this agreement, and the full refund of any and all payments received through this settlement. This Release, the Conditional Settlement Agreement between Employee and Employer, and the Separation Agreement and Release contain the entire understanding and agreement between the Parties and shall not be modified or superseded, except upon express written consent of the Parties to this Agreement. This Release shall become effective on the next business day following the City Commission’s approval of this Conditional Settlement Agreement and the General Release, and the eighth day after Employee signs this agreement, unless Employee revokes it (“Effective Date”). 33

Page 3 of 3 KM RELEASOR HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. The undersigned hereby set her hand and seal this day of , 2024. KATHRYN MATOS, RELEASOR STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 2024, by KATHRYN MATOS, who is personally known to me or who has produced ________________________ as Identification. My Commission Expires: Notary Public CITY OF BOYNTON BEACH By: Ty Penserga, Mayor Date Approved as to form by Office of the City Attorney Signature – Shawna G. Lamb 34

EEOC Form 5 (11/09) Page 1 of 2 CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s): This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form. FEPA X EEOC Florida Commission on Human Relations and EEOC State or local Agency, if any I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully with them in the processing of my charge in accordance with their procedures. NOTARY – When necessary for State and Local Agency Requirements I swear or affirm that I have read the above charge and that it is true to the best of my knowledge, information and belief.I declare under penalty of perjury that the above is true and correct. SIGNATURE OF COMPLAINANT SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE (month, day, year) Date Charging Party Signature Name (indicate Mr., Ms., Mrs.) Home Phone (Incl. Area Code) Date of Birth Kathryn Matos Email: Street Address City, State and ZIP Code Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated Against Me or Others. (If more than two, list under PARTICULARS below.) Name No. Employees, Members Phone No. (Include Area Code) City of Boynton Beach 850 (561)742-6350 Street Address City, State and ZIP Code 100 East Ocean Avenue, Boynton Beach, FL 33435 Name No. Employees, Members Phone No. (Include Area Code) Street Address City, State and ZIP Code DISCRIMINATION BASED ON (Check appropriate box(es).) DATE(S) DISCRIMINATION TOOK PLACE Earliest Latest RACE COLOR SEX RELIGION NATIONAL ORIGIN 12/19/2023 04/19/2024 RETALIATION AGE X DISABILITY GENETIC INFORMATION OTHER (Specify) X CONTINUING ACTION THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)): I. PERSONAL HARM: I began working for the above-named employer on or about April 2020. I am currently the Assistant City Manager. I have a disability and/or record of disabilities that substantially limit one or more major life activities. On or about September and/or October 2023, I disclosed my disability and/or record of disabilities to the HR Director in confidence. After disclosing my disabilities to the HR Director, I believe she divulged my confidential medical information to the City Mayor and others and then used such information to exploit my situation to cause harm to my professional reputation by putting information in the public record intimating that I was intoxicated when I was at work. I believe this was disability discrimination. II. RESPONDENT’S REASON FOR ADVERSE ACTION: No reason was given for the disability discrimination.Kathryn Matos (Jun 18, 2024 13:37 EDT)06/18/2024 35

EEOC Form 5 (11/09) Page 2 of 2 CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s): This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form. FEPA X EEOC Florida Commission on Human Relations and EEOC State or local Agency, if any I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully with them in the processing of my charge in accordance with their procedures. NOTARY – When necessary for State and Local Agency Requirements I swear or affirm that I have read the above charge and that it is true to the best of my knowledge, information and belief.I declare under penalty of perjury that the above is true and correct. SIGNATURE OF COMPLAINANT SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE (month, day, year) Date Charging Party Signature III. STATEMENT OF DISCRIMINATION: I hereby allege that I have been discriminated against based on my disability and/or record of disability and/or a perceived disability in violation of the Americans with Disabilities Act of 1990, as amended, and the Florida Civil Rights Act of 1992, as amended. I REQUEST TO BE AFFORDED FULL RELIEF TO WHICH I AM ENTITLED UNDER THE LAW(S).Kathryn Matos (Jun 18, 2024 13:37 EDT)06/18/2024 36

CP Enclosure with EEOC Form 5 (11/09) PRIVACY ACT STATEMENT : Under the Privacy Act of 1974, Pub. Law 93-579, authority to request personal data and its uses are: 1. F ORM NUMBER/T ITLE/DATE. EEOC Form 5, Charge of Discrimination (11/09). 2. AUTHORITY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C. 12117, 42 U.S.C. 2000ff-6. 3. P RINCIPAL PURPOSES. The purposes of a charge, taken on this form or otherwise reduced to writing (whether later recorded on this form or not) are, as applicable under the EEOC anti- discrimination statutes (EEOC statutes), to preserve private suit rights under the EEOC statutes, to invoke the EEOC's jurisdiction and, where dual-filing or referral arrangements exist, to begin state or local proceedings. 4. ROUTINE USES. This form is used to provide facts that may establish the existence of matters covered by the EEOC statutes (and as applicable, other federal, state or local laws). Information given will be used by staff to guide its mediation and investigation efforts and, as applicable, to determine, conciliate and litigate claims of unlawful discrimination. This form may be presented to or disclosed to other federal, state or local agencies as appropriate or necessary in carrying out EEOC's functions. A copy of this charge will ordinarily be sent to the respondent organization against which the charge is made. 5. WHETHER DISCLOSURE IS M ANDATORY; EFFECT OF NOT G IVING I NFORMATION. Charges must be reduced to writing and should identify the charging and responding parties and the actions or policies complained of. Without a written charge, EEOC will ordinarily not act on the complaint. Charges under Title VII, the ADA or GINA must be sworn to or affirmed (either by using this form or by presenting a notarized statement or unsworn declaration under penalty of perjury); charges under the ADEA should ordinarily be signed. Charges may be clarified or amplified later by amendment. It is not mandatory that this form be used to make a charge. NOTICE OF RIGHT TO REQUEST SUBSTANTIAL WEIGHT REVIEW Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dual-files charges with EEOC will ordinarily be handled first by the FEPA. Some charges filed at EEOC may also be first handled by a FEPA under worksharing agreements. You will be told which agency will handle your charge. When the FEPA is the first to handle the charge, it will notify you of its final resolution of the matter. Then, if you wish EEOC to give Substantial Weight Review to the FEPA's final findings, you must ask us in writing to do so within 15 days of your receipt of its findings. Otherwise, we will ordinarily adopt the FEPA's finding and close our file on the charge. NOTICE OF NON-RETALIATION REQUIREMENTS Please notify EEOC or the state or local agency where you filed your charge if retaliation is taken against you or others who oppose discrimination or cooperate in any investigation or lawsuit concerning this charge. Under Section 704(a) of Title VII, Section 4(d) of the ADEA, Section 503(a) of the ADA and Section 207(f) of GINA, it is unlawful for an employer to discriminate against present or former employees or job applicants, for an employment agency to discriminate against anyone, or for a union to discriminate against its members or membership applicants, because they have opposed any practice made unlawful by the statutes, or because they have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the laws. The Equal Pay Act has similar provisions and Section 503(b) of the ADA prohibits coercion, intimidation, threats or interference with anyone for exercising or enjoying, or aiding or encouraging others in their exercise or enjoyment of, rights under the Act. 37

Kathryn Matos Mutual Separation Agreement Page 1 of 9 SEPARATION AGREEMENT AND RELEASE THIS AGREEMENT is entered into by and between CITY OF BOYNTON BEACH (hereinafter referred to as “Employer”) and KATHRYN MATOS (hereinafter “Employee”) (collectively referred to as the “Parties”). In exchange for the consideration set forth below, Employer and Employee agree to the following: 1. Employer agrees to accept Employee’s resignation of employment. Employer’s personnel records will reflect that Employee resigned in good standing. Because Employee’s resignation is voluntary, she shall not be entitled to unemployment compensation. In that event, Employee must deliver a letter of resignation contemporaneously with this signed Agreement that states: “I hereby resign my employment effective [Separation Date].” No other language may be included in the resignation letter except the date of the letter and the employee’s name below her signature. Employee shall receive all pay and benefits through the Separation Date. Employee’s resignation shall be effective as of the Effective Date (“Separation Date”). If the City Commission does not approve the Conditional Settlement Agreement between the parties, Employee’s resignation shall be null and void and Employee shall be returned to the status quo ante, with no break in service in Employee’s employment record. Further, Employer agrees to remove any disciplinary or investigative documents or allegations of discipline that may have been raised against Employee as of July 15, 2024 from Employee’s personnel file, and placed in a separate Human Resources file marked void. 2. In consideration of the promises and benefits provided by Employee herein, and if Employee executes and does not revoke this Agreement, Employer will make payment of the full premiums for Employee plus family COBRA continuation coverage for Employer’s group health 38

Kathryn Matos Mutual Separation Agreement Page 2 of 9 plan in which Employee was participating on the termination date for a period of twelve (12) weeks, beginning on October 1, 2024, the date the Employee would otherwise lose coverage under such plan(s) as a result of the termination of employment (provided that the participant otherwise remains eligible for COBRA coverage during such period). The subsidy described above will not be paid directly to the Employee but rather to the City of Boynton Beach Group Health Plan. After the twelve (12) week period ends, Employee shall be fully responsible for all COBRA premiums, if Employee continues to require COBRA continuation coverage. 3. In consideration of the payment described above and mutual promises set forth in this Agreement and except as provided herein, Employee, on behalf of Employee, her spouse, issue, heirs, successors, current and former agents, representatives, assigns, executors, beneficiaries, and administrators, hereby releases and forever discharges the Employer, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups (collectively, the “Releasees”), from any and all charges, grievances, complaints, claims, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, and, whether accrued or unaccrued, liabilities, obligations, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred) of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, which Employee ever had, has or may claim to have against the Releasees including but not limited to any claims related in any way to Employee’s employment with or separation from employment with the Employer, EEOC Charge (Charge No. 510-2024-08512), any claims for unpaid wages, back pay, overtime, commissions, bonuses, incentive pay, vacation pay, unpaid leave, legal fees, royalties, severance or other compensation, or any claims arising under any contracts, express or implied, or any tort, including, 39

Kathryn Matos Mutual Separation Agreement Page 3 of 9 without limitation, intentional infliction of emotional distress, harassment, discrimination, including any claim under the Age Discrimination in Employment Act, retaliation, interference, defamation, fraud a