R23-075 1 RESOLUTION NO. R23-075
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A FIVE
6 (5) YEAR AGREEMENT WITH CITYSCAPE CONSULTANTS, INC. FOR
7 COMPREHENSIVE WIRELESS LEASING CONSULTING FOR CITY-OWNED
8 WIRELESS FACILITY LEASES;AND PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS,the City of Boynton Beach owns several cell tower sites which the City leases
11 to various telecommunications carriers; and
12 WHEREAS, CityScape will recommend and negotiate new lease agreements for tower
13 and ground space for review and approval by the City and coordinate with the City Attorney on
14 drafting new leases for new co-locators on the existing facilities and new towers on City
15 property; and
16 WHEREAS, CityScape will provide quarterly verification of lease revenue collections by
17 City and tenant terms and provide reports and any proposed reconciliation of rent, if applicable,
18 and work with City staff and tenant to confirm and/or rectify any found discrepancies; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of
20 staff,deems it to be in the best interest of the citizens and residents of the City of Boynton Beach
21 to approve and authorize the City Manager to sign a five (5) year agreement with CityScape
22 Consultants,Inc.for Comprehensive Wireless Leasing Consulting for City-owned wireless facility
23 leases.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach hereby approves and
30 authorizes the City Manager to sign a five (5) year agreement with CityScape Consultants, Inc.
31 for Comprehensive Wireless Leasing Consulting for City-owned wireless facility leases. A copy
32 of the Agreement is attached hereto and made a part hereof as Exhibit "A".
33 Section 3. That this Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\CityScapes Consulting Agreement-Reso.docx
34 PASSED AND ADOPTED this 6th day of June, 2023.
35 CITY OF BOYNTON BEACH, FLORIDA
36 YES NO
37 /
38 Mayor—Ty Penserga ✓
39
40 Vice Mayor—Thomas Turkin ✓
41 i 42 Commissioner—Angela Cruz
43 /
44 Commissioner—Woodrow L. Hay ✓
45 /
46 Commissioner—Aimee Kelley f
47
48 VOTE 5.-D
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51 I1-�, , _ Aidf/PO
52 Maylee ire -•"s, MPA, MC Ty '- n ga
53 City Clerk May•
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55 -ox o0 0 •�4,'1,t APP't�� AS TO ORM:
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58 ; ;,N�EAL 2 Michael D. Cirullo,Jr.
59 1920Ta� City Attorney
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND CITYSCAPE CONSULTANTS, INC.
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and CityScape Consultants, Inc. a
corporation authorized to do business in the State of Florida, with a business address of 2423 S.Orange Ave
#317,Orlando, FL 32806, hereinafter referred to as the "VENDOR". In consideration of the mutual benefits,
terms, and conditions hereinafter specified the Parties agree as set forth below.
1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor and consulting related
to wireless leasing, administration, and management services for City-owned wireless facilities.
2. SCOPE OF SERVICES. VENDOR agrees to perform the leasing and administration services required
for the tower and ground space lease management services, as specified in Exhibit A.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
work product required pursuant to this Agreement.
4. TERM. The initial Agreement period shall be for an initial term of five(5) years, commencing on June
7, 2023 and shall remain in effect through June 5, 2028. The CITY reserves the right to renew the
agreement for two (2) five-year renewals subject to vendor acceptance, satisfactory performance as
determined by the CITY, and determination by the CITY that renewal will be in the best interest of the
CITY.
5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in
accordance with the Schedule of Prices to this Agreement as follows:
A. For the remainder of fiscal year 2023, CityScape will consult with the City for inventory, overview
of current leases, recommend and negotiate new lease agreements for tower and ground space
for review and approval by the City. Coordinate with City Attorney on drafting new leases for new
collocators on existing facilities and new towers on City property. Conduct technical, regulatory
and lease review of tenant requests for proposed upgrades and modifications. This set-up fee
and rates for all work for the remainder of City's fiscal year will be a fixed fee of$48,000. Payment
for the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY
properly, provided that the total amount of payment to VENDOR shall not exceed the total contract
price without express written modification of the Agreement signed by the CITY Manager or
designee.
B. The VENDOR may submit invoices to the CITY once per month during the progress of the work
for partial payment. Such invoices will be checked by the CITY, and upon approval thereof,
payment will be made to the VENDOR in the amount approved.
C. Beginning in fiscal year 2024, CityScape's fee will be twenty-five percent (25%) of all wireless
revenue to be paid quarterly. Management fees are only due and payable when and to the extent
the rent is collected by the City. Reconciliation reports and invoice will be sent by VENDOR to the
City quarterly or a mutually agreed upon schedule.
{00464442.1 306-9001821)
D. Payment as provided in this section by the CITY shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the CITY and State for a period of five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part
VII, Chapter 218, Florida Statutes.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the VENDOR in connection with the services rendered under this agreement
shall be the property of the CITY whether the project for which they are made is executed or not. The
VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with VENDOR's endeavors.
7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach,
ordinances and regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising
out of, relating to and resulting from the performance of this Agreement by the VENDOR, its
employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the CITY, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this
Agreement shall be liable to any third party claiming directly or through the other respective party,
for any special, incidental, indirect, or consequential damages of any kind, including but not limited
to lost profits or use that may result from this Agreement or out of the services or goods furnished
hereunder. The CITY shall indemnify and hold harmless the VENDOR, its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees
and costs of defense,which the VENDOR or its officers,employees,agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to and resulting from the CITY's ownership of wireless infrastructure assets
unrelated to any obligation of VENDOR under this Agreement, subject to the provisions of§768.28
below.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
9. INSURANCE
A. During the performance of the services under this Agreement, VENDOR shall maintain the
following insurance policies, and provide originals or certified copies of all policies to CITY's
Director of Human Resources and Risk Management. All polices shall be written by an insurance
company authorized to do business in Florida. VENDOR shall be required to obtain all applicable
insurance coverage, as indicated below, prior to commencing any service pursuant to this
100464442.1 306-9001821) 2
Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement, Worker's Compensation Insurance covering all employees with
limits meeting all applicable state and federal laws. This coverage shall include
Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. The policy must contain a waiver of
subrogation in favor of the CITY of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be
on an"Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to 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. VENDOR shall maintain a minimum
coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/
and $1,000.000 per occurrence/aggregate for property damage. The general liability
insurance shall include the CITY as an additional insured and shall include a provision
prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of $1,000,000 combined single limit for bodily injury and property
damage liability to protect the VENDOR from claims for damage for bodily and personal
injury, including death, as well as from claims for property damage, which may arise from
the ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability(Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
Liability. This coverage shall be maintained for a period of no less than the later of three
(3)years after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will
be considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers,officials, employees or volunteers.A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or cancelled by either party, reduced in coverage in limits except after thirty(30) days prior
written notice by either certified mail, return receipt requested, has been given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Director of Human Resources and Risk Management. The
CITY reserves the right to review, modify, reject, or accept any required policies of insurance,
including limits, coverage, or endorsements throughout the term of the Agreement.
10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an
ii lama!_I illn_ui"J182
independent contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall
not be responsible for withholding or otherwise deducting federal income tax or Social Security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to VENDOR, or any employee of VENDOR.
11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the VENDOR, to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the VENDOR any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making
of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this
contract without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex
or the presence of any physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY.
14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided
for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION
A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) days of written notice by the terminating party to the other party for such
termination in which event the VENDOR shall be paid its compensation for services performed to
the termination date, including services reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify
the CITY against loss pertaining to this termination.
B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall
be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe
any of the terms, provisions,conditions,or requirements herein contained, if such neglect or failure
shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such
neglect or failure.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent
jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law.
17. NOTICES. Notices to the CITY shall be sent to the following address:
Daniel Dugger, City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to VENDOR shall be sent to the following address:
{004644421 306-9001821} 4
CityScape Consultants, Inc.
2423 S. Orange Ave#317
Orlando, FL 32806
18. INTEGRATED AGREEMENT. This agreement,together with attachments or addenda, represents the
entire and integrated agreement between the CITY and the VENDOR and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended only
by written instrument signed by both CITY and VENDOR.
19. PUBLIC RECORDS. Sealed documents received by the CITY in response to an invitation are exempt
from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY
announces intent to award sooner, in accordance with Florida Statutes 119.07. The CITY is public
agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public
Records Law. Specifically, the VENDOR shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by
law;
C. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and, following completion of the contract, VENDOR shall destroy all copies of such
confidential and exempt records remaining in its possession once the VENDOR transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all
public records in VENDOR's possession All records stored electronically by VENDOR must be
provided to the CITY, upon request from the CITY's custodian of public records, in a format that
is compatible with the information technology systems of the CITY.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK
100 E. OCEAN AVE.
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CITYCLERK@BBFL.US
20. SCRUTINIZED COMPANIES. By execution of this Agreement,VENDOR certifies that VENDOR is not
participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and
not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in
state law,the CITY will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of contract. The
CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false
certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification
(00464442.1306-9001821) 5
allegation. If such false certification is discovered during the active contract term, VENDOR shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If VENDOR does not demonstrate that the
CITY's determination of false certification was made in error then the CITY shall have the right to
terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as
amended from time to time.
21. E-VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described herein below.
A. Definitions for this Section:
i. "Contractor" means a person or entity that has entered or is attempting to enter into a contract
with a public employer to provide labor, supplies, or services to such employer in exchange
for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor
or consultant.
ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
iii. "E-Verify system" means an Internet-based system operated by the United States Department
of Homeland Security that allows participating employers to electronically verify the
employment eligibility of newly hired employees.
B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective
January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the
work authorization status of all newly hired employees. Contractor shall register for and utilize the
U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties within Florida during the
term of the contract;
ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor
to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with
the CITY of Boynton Beach; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment
Eligibility," as amended from time to time. This includes, but is not limited to registration and
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees. Contractor shall also require all subcontractors to provide an affidavit attesting
that the subcontractor does not employ, contract with, or subcontract with, an unauthorized
alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract.
Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any challenge to
termination under this provision must be filed in the Circuit Court no later than twenty (20)
calendar days after the date of termination. Termination of this Contract under this Section is
not a breach of contract and may not be considered as such. If this contract is terminated for
a violation of the statute by the Contractor, the Contractor may not be awarded a public
contract for a period of one (1) year after the date of termination.
;00464442.1306-9001821} 6
IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year
written below. '
DATED this ( day of U - , 2023.
CIT_Y OF BOYNTON BEACH CITYSCAPE CONSULTANTS,INC.
Darn'Tug reg Citylraaa (Signature),Authorized Official
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Anthony T. Lepore
Printed Name of Authorized Official
Attest/Authenticated: President
Title
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Michael D. Cirullo, Jr., City Attorney itness
(00464442.1306-9001621} 7
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EXHIBIT "A"
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Proposed Leasing Scope of Services
for Boynton Beach, FL
MAY 12, 2023
WIRELESS LEASING AND ADMINISTRATION SERVICES AND FEES
CityScape Consultants, Inc. (CityScape) proposes to consult and advise the City of Boynton Beach (City), as
directed, on the management of existing and future leases of City-owned wireless facilities.
Comprehensive Wireless Leasing Consulting
CityScape will manage all aspects of the municipal leasing program; including review and evaluate the language
of all current leases, review industry standards and market conditions, make recommendations regarding lease
terms and valuation, assist with lease negotiations with tenants, and establish and maintain an inventory of all
City-owned wireless facility leases and available properties.
City Inventory to include, but not limited to:
• Overview of lease, including but not limited to all pertinent site information, tower type, height,
tenants, tenant height, ground space square footage overall and by tenant.
• Overview of the agreements and terms, including but not limited to agreement date, initial terms, rent,
expiration, anniversary, renewals, increases, and termination.
• Overview of amendments, renewals, consents, etc.
• Lease revenue projections by year with expirations and renewals notated.
• Pictures of tower and ground facility.
• Documentation of existing exhibit/equipment information.
• Any other pertinent information including physical space availability for additional collocators
(information received from structural percentages of each site).
CityScape will consult as needed,as follows:
• Recommend and negotiate new lease agreements for tower and ground space for review and approval
by City.
• Coordinate with City Attorney on drafting new leases for new collocators on existing facilities and new
towers on City property for City's review and approval of form and content.
• Work with tenant providers on new content of lease agreements, reviewing lease exhibits and site
plans.
• Conduct technical, regulatory and lease review of tenant requests for proposed upgrades and
modifications to determine if modification will require an increase in rent.
• Prepare proposed draft lease amendments in concert with City Attorney documenting new antenna
layout and applicable rental fees and term modifications for City review and approval of form and
content.
PG.1OF7
• Work with City Attorney and City staff to finalize an agreed-upon amendment with tenant.
• Quarterly verification of lease revenue collections by City and tenant terms; provide report and any
proposed reconciliation of rent, if applicable, and work with City staff and tenant to confirm and/or
rectify any found discrepancies.
• Set up a regular quarterly conference call with City administration staff to discuss all City wireless
projects and pending activity as needed.
• Work with Parks and Rec department for any issues relating to the wireless facilities.
• Manage and collect leasing revenue including collection of rent (optional).
City to provide CityScape:
• City will forward copies of all wireless payments to CityScape for rent verification.
• Copies of all lease agreements, amendments, renewals and/or any pertinent documentation related to
the wireless facilities on City property.
Comprehensive Leasing Rate Schedule:
For the remainder of fiscal year 2023, CityScape will consult with the City for all items listed above in order of
priority determined by the City and CityScape. The set-up fee and rates for all work for the remainder of the
City's fiscal year will be at a fixed fee of$48,000 to be billed monthly.
Beginning in fiscal year 2024, CityScape's fee will be twenty-five percent (25%) of all wireless revenue to be
paid quarterly. Management fees are only due and payable when and to the extent the rent is collected by
City. Reconciliation reports and invoices will be sent to the City quarterly or a mutually agreed upon schedule.
Contract term initial five year with two additional five-year renewals.
CitYSCape Scope of Work•City of Boynton Beach•May 12,2023
•
PG 2 OF 7
ADDITIONAL SERVICES
The following are additional wireless consulting services available to the City for future long-term wireless
planning. Project fees and proposals are available upon request.
• Wireless Infrastructure Inventory
The Wireless Infrastructure Inventory is a physical assessment of all existing wireless facility locations
throughout the City. All collected information is used to analyze existing wireless deployment patterns,
the types of existing infrastructure and network functionality.This establishes the foundation for all future
wireless communication activity including new tower reviews, site management leasing and a wireless
master plan.
Infrastructure Inventory Process:
• Extensively research data prior to fieldwork for assessments of existing wireless facilities.
• Compile all documentation and gather relevant information prior to scheduling the wireless facility
assessments.
• Create an initial GIS database from all gathered known and potential wireless facility sites.
• Create the online collecting GIS feature.
• Visit and assess all wireless antenna, towers, and base stations throughout the City and within a
one-mile perimeter outside its boundaries.
• All pertinent facility information will be gathered including but not limited to the following:
o Location of facility
o Service providers on the tower or base station
o Antenna type, height
o Facility ownership
o Type of facility
o Any notable information
o Pictures and site map of facility for inventory catalog
• Review all data and inventory information recorded in the assessment process, cross reference,
sort and reconcile all information collected.
• Prepare and draft an inventory catalog of all existing wireless facilities. All existing and proposed
facilities will be depicted in a digital inventory catalog format, an Excel listing, and GIS shapefile.
City to Provide:
• City GIS information (if available).
• All wireless telecommunication permit information.
CityScape Deliverables
• GIS layer of all wireless facilities including geo data of all site information.
• Infrastructure Inventory Catalog.
• Map of all wireless facilities.
CityScape Scope of Work•City of Boynton Beach•May 12,2023
Pc.3o 7
• Wireless Master Plan
Infrastructure Inventory Mapping
Once all inventory has been assembled and cataloged, inventory maps will be generated as follows:
Inventory Maps
• Infrastructure by Facility Type (tower or base station).
• Infrastructure by Antenna Type (macro, small wireless, public safety, broadcast or other).
• Infrastructure by PWSFs(macro, small wireless).
• Infrastructure by Location (private property, public property, utility easement or right-of-way).
• Infrastructure by Design Type (non-concealed, semi-concealed or concealed).
Engineering Analysis and Mapping
Once all inventory maps are finalized, analysis will begin and propagation maps will be generated as
follows:
Propagation Maps
• Simulated mid-band frequency propagation prediction map showing estimated wireless coverages
from all existing personal wireless service facilities (PWSF) in the City and within the one-mile
buffer.
• Individual service provider maps (3-4 pending providers found in the field).
• Map showcasing population density with existing PWSF inventory overlay.
• Map of existing PWSF on land use map or zoning map (if applicable).
• Projection map representing gaps in wireless services with the predicted number of sites needed
over the next ten-years.
*Maps are subject to change based on data discovered in the field and the specificities and needs of the City. One
initial and one final round of mapping is included; additional maps will be at the per diem rate.
Master Plan Document
All mapping and deployment analysis will be collated into a draft wireless master plan document for
review by the City. After edits or changes by the City, maps will be finalized, and a final document
prepared for Commission adoption. Bi-weekly, tri-weekly, or monthly virtual meetings are included.
CityScape Deliverables
• All mapping detailed above.
• Document detailing a wireless overview, analysis of each map and a ten-year prediction of
number of sites.
It is recommended to include two public meetings. One meeting will be to present the infrastructure maps,
analysis of propagation prediction maps showcasing the existing wireless condition, illustrate the gaps throughout
the City and introduce the survey.The second meeting to present survey results and introduce the draft Wireless
Master Plan. City staff will schedule any public meetings required with necessary planning and community
groups, public notification and arrangements for meeting dates, and times and locations in conjunction with
the CityScape calendar. City will be responsible for public notification, location, meeting arrangements, and
recording of sessions if applicable.
Cit; 'SCape Scope of Work•City of Boynton Beach•May 12,2023
•
PG-4 OF 7
• Zoning Ordinance Review
Comprehensive Regulatory Review, Recommendation and Text Amendments
Updating the City's Code is necessary for compliance with Federal and State regulations, ensuring historic
preservation, aesthetic design goals and any other concerns of the City.
CityScape will complete a comprehensive review of the City's personal wireless service facilities regulations
and process, with particular attention to:
• Compliance with mandated State and Federal regulations.
• Strengths and weaknesses of the existing zoning regulations.
• Strategies to control and prioritize the location and height of new facilities.
• Strategies to protect the aesthetics in local and National Register historic districts.
• Reduce the visual impact of new facilities.
• Explore solutions for concealed facilities and design guidelines.
• Effectiveness of the intent of the zoning regulations and process.
Review and text amendment process as follows:
• CityScape will provide an initial redline version within document comments for discussion with City
Attorney and City staff.
• CityScape will review City 's redline and comments and provide a modified draft version to distribute
to wireless industry contacts (if desired). Working with the wireless industry allows the City to address
all industry concerns which streamlines the adoption process. If necessary, CityScape will arrange a
virtual conference with the industry to discuss and address any potential conflicts the industry may
have with the draft regulations.
• CityScape along with the City Attorney and City staff will review all wireless industry comments and
prepare a final draft to be presented for public review and comment.
• Workshop And Public Meetings
Public meetings are an important aspect for the City in engaging the citizens and maintaining transparency.
CityScape will present at City facilitated public meetings either in person or via Zoom (or other video
conferencing platform) and may be used as an informational workshop, presentation or for adoption of the
Wireless Master Plan or Zoning Ordinance. CityScape can work with the City to tailor and provide workshops
for the City as needed.
CttfScape Scope of Work•City of Boynton Beach•May 12,2023
PG.5o 7
• Third Party Expert Application Review
CityScape shall perform independent technical reviews of individual wireless communications facility site
application requests on behalf of the City and render a technical opinion to the City concerning such
application. Each review will apply the parameters of the City's wireless ordinance and shall require the
applicant to reimburse City for the expense of the review.
Fees for Review of Wireless Applications
Task ill Description Timeline Fee
Application Review Third party review of wireless communication facility applications for Up to *No cost to City
new and modification of existing facilities. 3 weeks -Applicant Paid
*All fees are paid for by the Applicant through the City's application and review process and therefore
there is never any out of pocket expense to the City.
Fixed project fee proposals for any additional CityScape services are available upon request.
CIiySCape Scope of Work•City of Boynton Beach•May 12,2023
•
Pc 6 0c 7
Per Diem
The following is a per diem rate schedule for additional services contracted on an hourly basis. Travel related
expense for additional services to be billed at cost for hourly service project work.
Effective January 1, 2023,through December 31, 2024
Regulatory Director $ 350.00 per hour
Engineering $ 285.00 per hour
Project Manager/Planning Manager $ 200.00 per hour
Travel Time $ 75.00 per hour
PER DIEM TERMS AND CONDITIONS
1.Travel and meals on a per diem basis will be invoiced at actual cost, plus 20 percent to
account for general and administrative costs.
2. Hours expended for travel in support of any time and materials task orders are billable
hours.
3. Hourly project work is invoiced monthly, or as agreed to upon request of services.
4.All invoices are due and payable 30 days from issuance.
CftyScap@_____ Scope of Work•City of Boynton Beach•May 12,2023