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Agenda 07-18-23The City of Boynton Beach City Commission Agenda Tuesday, July 18, 2023, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Thomas Turkin, Vice Mayor (District III) Angela Cruz, Commissioner (District 1) Woodrow L Hay, Commissioner (District 11) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. M r'rM'"'f�� Y✓i�+m"'"�f r:�"'��r,.�+"top '��aw"�� del, // 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 Commission Meeting is in session. 2 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 Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Rabbi Simon, Temple Beth Kodesh Pledge of Allegiance to the Flag led by Mayor Penserga. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other Information Items by members of the City Commission. 3. Announcements, Community and Special Events And Presentations A. Recreation & Parks Advisory Board Annual Report Recreation & Parks Advisory Board Annual Report Presentation to City Commission by Board Chair Julie Mondello. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). 3 5. Administrative A. Discuss changing September 19, 2023 City Commission Meeting Date. Due to a conference conflict, there will be no quorum on September 19, 2023, for the City Commission Meeting. Therefore, we are requesting consensus to change the date of the City Commission Meeting. 6. Consent Agenda A. Proposed Resolution No. R23-085- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program for ENEW Enterprises LLC/Newsome International Basketball Association. Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for ENEW Enterprises LLC/Newsome International Basketball Association. B. Proposed Resolution No. R23-086- Interlocal Agreement between the Palm Beach County Sheriff and the City of Boynton Beach pertaining to the Operation Stonegarden Grant Program. Approve and authorize the City Manager to sign an interlocal agreement between the Palm Beach County Sheriff and the City of Boynton Beach, Florida pertaining to the Operation Stonegarden Grant Program. C. Proposed Resolution No. R23-087- Assignment Agreement to assigning the business name of Bi112Pay, LLC to Catalis Payments, LLC. Approve and authorize the City Manager to sign the Assignment Agreement changing the company/firm from Bi112Pay, LLC to Catalis Payments, LLC. The Agreement is based on services provided for Request for Proposal RFP No. 074- 2821-16/KTR Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing. D. Proposed Resolution No. R23-088- Watershed Management Plan subrecipient grant agreement time extension. Approve and authorize the Mayor to sign Modification No. One to extend the Subrecipient Grant Agreement No. H0861 with Florida Division of Emergency Management (FDEM) Hazard Mitigation Grant Program (HMGP) for the City's Watershed Management Plan to September 30, 2024. E. Annual estimated expenditures for AT&T Mobile Communication Devices. Approve an increase to the annual estimated expenditures for AT&T Mobile Communication Devices, piggybacked from state contract # DMS -19/20-006A to $75,000. F. Annual expenditures for Tower Site Lease Agreement with Crown Castle. Approve an increase in annual expenditure for Tower Site Lease Agreement with Crown Castle of Canonsburg, PA 15317, lease amount $4,800 base fee per year, 4 plus an annual 3% increase for the Utility Meter Services Automated Meter Infrastructure (AMI) third antenna. G. Proposed Resolution No. R23-089- Amendment to the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (LHAP), for the period 2021 thru 2024. Approve and adopt an amendment to the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (LHAP), for the period 2021 thru 2024, by adding two Housing Strategies; one Housing Incentive Strategy; and Technical Revision; and authorize the Mayor to execute the necessary certification for the transmittal of the document to Florida Housing Finance Corporation. H. Proposed Resolution No. R23-090- Amendment of Utilities Capital Improvement Fund 403 Amend Utilities FY 2022-23 Capital Project accounts. This request will adjust budgeted appropriations, provide budget transfers, and continue spending authority for the Utilities Capital Improvement Fund 403. I. Vehicle Purchase FY22/23 Approve the purchase of one (1) replacement vehicle that was approved in the FY22/23 budget for an estimated amount of $51,131.83 by utilizing the Bradford County Sheriffs Contract 22-27-1.0. J. Legal Invoices May 2023. Information at the request of the City Commission. No action required. K. Commission Meeting Minutes. Approve minutes from the May 13, 2023, May 30, 2023, and June 6, 2023 City Commission Meetings and Workshops. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R23-091- Geographic Information System (GIS) Services Approve the ranking as recommended by the Selection Committee and authorize the City Manager to sign a Professional Services Agreement with SAM Surveying and Mapping, LLC. of Austin, TX as a result of RFP No. CW23-009 for Geographic Information System (GIS) Services, with a not to exceed $300,000.00 annually. B. Amendment to Digitech Services. Amendment to increase the PO for Digitech Services for Fire Rescue EMS and Fire Inspection Billing to $150,000. C. Approve a purchase order for the Quantum Park Stormwater Cured -In -Place Pipe Lining Project. Approve and award the expenditure with Inliner Solutions, LLC as the lowest pre- qualified bidder as determined by review of bids submitted on June 6, 2023 for the Quantum Park Stormwater Piping Cure -In -Place Project in response to the request 5 for bids for Cured -in -Place Pipe Lining, (Bid No. ITB 02-CIPP2-23) in the amount of $489,777.00 plus a 10% contingency of $48,977.70 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $538,754.70 based on unit costs provided by Inliner Solutions, LLC. D. Proposed Resolution No. R23-092- Approve Award of Bid No. UTL23-026 for the 36 - inch Raw Water Transmission Main Repair. Approve Award of Bid No. UTL23-026 for the 36 -Inch Raw Water Transmission Main Repair Project and authorize the City Manger to sign a contract with and issue a purchase order to the lowest responsive and responsible bidder Murphy Pipe Contractors LLC of Jacksonville, Florida in the amount of $2,971,255.00 plus a 10% contingency of $297,125.50 for staff approval of change orders for unforeseen conditions (if needed) for a total expenditure of $3,268,380.50, and approve a Utility Capital Improvement Fund (403) budget transfer. E. Amendment to Task Order UT -3E-05, Purchase Order 230791 for West Architecture + Design, LLC for the Master Site and Phasing Plan of Little League Park. Approve amendment to Task Order UT -3E-05, Purchase Order 230791 for West Architecture + Design, LLC for the Master and Phasing Plan of Little League Park, not to exceed $500,000.00 per The City of Boynton Beach General Consulting Services Contract 046-2821-17/TP. This action is requested since the initial Task Order was to obtain a Conceptual design. The Conceptual Plan phase has been completed and staff is ready to move to the next forward with completing the Master Plan and Construction Phasing. F. Medical, Dental and Vision RFP by the Gelin Group. Authorize staff to negotiate a contract with Aetna to become the new insurance carrier for Medical, Dental and Vision. 8. Public Hearina 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. 23-007- Second Reading- General Employees' Pension - Board Secretary Duties & Long-term Disability Determinations. Approve General Employees Pension - Board Secretary Duties & Long-term Disability Determinations. B. Proposed Ordinance No. 23-012 - Second Reading - Proposed regulations for Short - Term Rentals Approve modifications to the Code of Ordinances, Chapter 13. Licenses, Article I anc Article V to establish a new Article V. named Rental Housing with a regulatory framework for Short -Term Rentals including an application process, applicable terms and definitions, operational and technical standards and processes, and specific enforcement measures and penalties. Corresponding amendments also include 6 reformatting existing Article V as Article VI, and changes to Chapter 2. Article V of the Code Compliance portion of the Code for appropriate insertions for consistency with and references to the new Short -Term Rental sections. C. Proposed Ordinance No. 23-013- Second Reading- Park Impact Fee Ordinance. Approve an Ordinance of the City of Boynton Beach, Florida amending the Land Development Regulations, Chapter 2, Land Development Process; Article VI "Impact and Selected Fees" to amend Section 2 to adopt a Comprehensive Impact Fee Schedule for Parks and Recreation Facilities; adopting an Impact Fee Study; Establishing criteria and administrative procedures for individual assessment of Impact Fees, Refunds, Credits, and Collection of Fees; Creating Section 9 to create an Impact Fee Schedule; Providing for implementing administrative acts; Providing for Codification, Severability, Conflicts, and an effective date. 9. City Manager's Report A. Future agenda item review and discussion. City Commission to discuss list of future agenda items and provide direction and/or consensus to staff. 10. Unfinished Business 11. New Business A. Proposed Resolution No. R23-093- Lutheran Services of Florida (Head Start) Lease Extension. Approve and authorize the Mayor to execute the First Amendment to the Lease Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. extending the current lease twelve (12) additional months. B. Interim City Attorney firm until in-house attorney is hired. Authorize and Approve the City Manager to temporality work with Weiss Serota Helfman Cole + Bierman until the In -House Attorney is hired. C. Commission discussion on Advisory Board Ordinance. Hear presentation and provide direction to staff on the draft ordinance as requested by Commissioner Kelley. D. Discussion regarding artificial reef. Discussion regarding artificial reef. Requested by Vice Mayor Turkin. E. Emergency Force Main Replacement - Lift Station 356 Approve an emergency expenditure of up to $800,000.00 with Johnson -Davis, Inc. for the replacement of the damaged force main piping east of Federal Highway near Lift Station 356 and the Intracoastal Waterway and increasing the estimated annual expenditure for a total of $2,000,000.00, which includes the costs of the emergency response, containment, and clean-up efforts along with other emergency expenditures, as Utilities is dealing with a separate emergency repair at Lift Station 317 west of Congress Avenue. 12. Legal 7 A. Proposed Resolution No. R23-094- Short -Term Rental application corresponding to Ordinance No. 23-012. Approve a proposed application corresponding to the Ordinance No. 23-012 to be used for Short -Term Rental submittals. B. Proposed Ordinance No. 23-014- First Reading- Environmental Protection Standards Land Development Regulation Amendment (CDRV 23-005). Approve modifications (CDRV 23-005) amending Part III. Land Development Regulations, Chapter 2, Article II, Section 5. Permit Applications and Chapter 4, Article I. Environmental Protection Standards, to create a landscape permit review and approval process and to modify preservation and mitigation regulations. C. Proposed Ordinance No. 23 -015 -First Reading- Comprehensive Plan EAR Update (2023) Approve amendments to the City of Boynton Beach Comprehensive Plan for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to the establishment of a Property Rights element (Chapter 163.3177(6)(i)2, F.S.). 13. Future Agenda Items A. Advisory Board Annual Reappointments and Appointments.- Tabled from April 4, 2023. -TBD City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. B. Discussion for Ordinance regarding tints for paraphernalia shops. -TBD Discussion requested by Vice Mayor Turkin. C. Consider revised local rules for approval. -TBD Discussion requested by Mayor Penserga. D. Discussion regarding bringing more jobs to the City at former ToysRUS.- TBD Discussion requested by Vice Mayor Turkin. E. Discussion regarding changing minimum requirements for traffic studies.- TBD Discussion requested by Vice Mayor Turkin. F. Discussion regarding housing for the homeless in the City.- TBD Discussion requested by Commissioner Hay. G. Discussion regarding Grant Program for HOA's. - TBD Discuss creating a grant program to help HOA's in the City with street calming initiatives. Requested by Commissioner Cruz. H. Discussion regarding in-depth study on annexation. -TBD In-depth study on annexation and feasibility of what areas would be potential candidates and the impact to the City. Requested by Commissioner Hay. I. Discussion regarding Legislative break during the Summer months. -TBD Discussion regarding the City Commission taking a Legislative break during the 0 Summer months. Requested by Mayor Penserga. 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (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. 0 Announcements, Community and Special Events And Presentations 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Recreation & Parks Advisory Board Annual Report Requested Action by Commission: Recreation & Parks Advisory Board Annual Report Presentation to City Commission by Board Chair Julie Mondello. Explanation of Request: Recreation & Parks Advisory Board Annual Report Presentation to City Commission by Board Chair Julie Mondello. The Board selected to present in July in recognition of Parks & Recreation Month. How will this affect city programs or services? No impact on City programs and services. Fiscal Impact: No fiscal impact for the presentation. Attachments: Recreation and Parks Advisory Board Presentation_Commisison Meeting.pdf 10 L M0 W 0 .j Q U) Y L co C ttS C O m L U N M O bA � J u u 7:s s 4-4 o Cl) - u o .2 ® u (1) b.v M O OCl 0 Y co C ttS C O O U N 0 o � o CLI U U a ZUa, Un 0 U U Z, � 0 W, U 4-, hd O Lr) Cd U ® 4-' dJ cr, ® cd t-4-4 cz co CL4 ' 1® 'a 4-' CL4 4-1 a`-. U Q NO ® N � NO •� N U Urr U N .� U 'T� 4-J If ww co 0 OCl 0 Q Y co C (o C O m U N i7 WE 9 �l!! Ilflflfffflff(((��(f�lll(IIIIIIIIIIIIIIII�I Op1lR�flffflffB(i��IIIIIIIIIIIf��II��II��ID V1111J1111��Jiriiiilriii�iii u J�J�J�Ifr�li0l�lllJt�ll�!)�1�l�ll� N MIO Administrative 07/18/2023 Discuss changing September 19, 2023 City Commission Meeting Date. Requested Action by Commission: Due to a conference conflict, there will be no quorum on September 19, 2023, for the City Commission Meeting. Therefore, we are requesting consensus to change the date of the City Commission Meeting. How will this affect city programs or services? This will not affect City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. 22 6.A Consent Agenda 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Resolution No. R23-085- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program for ENEW Enterprises LLC/Newsome International Basketball Association. Requested Action by Commission: Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for ENEW Enterprises LLC/Newsome International Basketball Association. Explanation of Request: The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from ENEW Enterprises LLC/Newsome International Basketball Association located at 3004 Quantum Lakes Dr. Boynton Beach, FL 33426. ENEW Enterprises LLC/Newsome International Basketball Association helps High School and post High School students attain college basketball scholarships by providing: educational programs, athletic, social & interpersonal skill development, academic assistance, and college & career readiness support programs & services to prepare student athletes for higher education. The applicant will utilize the grant funds for a development and distribution service to create: - Digital Marketing Services (Website design, Social Media marketing and consulting services and off-site SEO optimization - Branding and logo design - Marketing materials 23 How will this affect city programs or services? Approval of this application will allow the City's Division of Economic Development to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 22-23 via account 001-2419-559.49-68. ENEW Enterprises LLC/Newsome International Basketball Association will receive $2,500 from those budgeted funds. Attachments: R23-085 Marketing_ and_Digital_Small_Business_Grant_Funding_ENEW_Enterprises_- _Reso. pdf Grant–Agreement---ENEW–Enterprises—LLC (4).docx ENEW Application.pdf 24 1 RESOLUTIONNO. R23-085 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2500.00 FOR ENEW ENTERPRISES LLC/NEWSOME 8 INTERNATIONAL BASKETBALL ASSOCIATION; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, The City's Marketing and Digital Connectivity Small Business Grant 13 Program was created to provide eligible new and existing small businesses with a 14 reimbursable grant for expenses associated with marketing and/or developing an e- 15 commerce platform; and 16 WHEREAS, City staff has received a complete grant application from ENEW 17 Enterprises LLC/Newsome International Basketball Association located at 3004 Quantum 18 Lakes Dr., Boynton Beach, FL 33426 which offers High School and post High School 19 students attain college basketball scholarships by providing: educational programs, 20 athletic, social & interpersonal skill development, academic assistance, and college & 21 career readiness support programs & services to prepare student athletes for higher 22 education; and 23 WHEREAS, approval of this application will allow the City's Department of 24 Economic Development and Strategy to help local small businesses improve the quality 25 and effectiveness of their marketing to help reach a broader market. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 27 OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption hereof. 31 Section 2. The City Commission approves and authorizes the City Manager to 32 sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant 33 Program funding in the amount of $2,500.00 for ENEW Enterprises LLC/Newsome S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (ENEW Enterprises) - Reso.Doex 25 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 International Basketball Association, a copy of which is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of July, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor— Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (ENEW Enterprises) - Reso.Doex CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of , 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and ENEW Enterprises LLC/Newsome International Basketball Association. hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 27 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting party 28 notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Five Hundred Dollars ($2,500). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature 29 of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servant employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. X. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XI. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such parry or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. {00306206.2 306-9001821}C:AProgram Fites (X86)ANeevia.Com\DocconverterproATemp\NVDCAOAEE6562-AC48-430A-8055-5F649474F 16C\Bo}mton Beach.16786.].Grant Agreement (00306206-2xc4b6a).Docx 30 XII. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XIV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XV. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 with a copy to: Michael Cirullo, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): 3004 Quantum Lakes Drive, Boynton Beach, FL 33426 31 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY By:_ Print: Name: ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: Office of the City Attorney GRANTEE ENEW Enterprises LLC/Newsome International Basketball Association By: _ Print: Title: ATTEST: Print Name: Title: (CORPORATE SEAL) 32 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Economic Development Division. 33 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Applicant must be a for-profit privately held business. Non-profit organizations are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Application packets must include the following documentation: 34 1. W9 Form (included in this application package if needed) 2. Copy of active City of Boynton Beach Business Tax Receipt 3. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. 4. Vendor Quotes for eligible uses Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 20, 2023 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. 35 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City Economic Development Division at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. 36 6/6/23, 3:04 PM Application Evaluation IV ard Dl[Wl Comrmcfiv[ty Sn-,4HI 11, „ll Grant Program Program Overview Eligibility Requirements Additional inf6rmation Application wffl��IYM BUSINESS III NIF0III MAT110IN Il oyintoin Beach IEINIEW IEinterjprlses/Newsorne Ilirntelrirnatiioirnall Basketball Association Busliness Maime* Busliness Legal IN/A Mairne, !if differeint t1hain above Boyintoin Ieaclh Street Address Busliness Addiress 3004 Quantum ILake lDriive Address Line 2 City State / Province / Region Boynton IBeaclh IFIL Postal / Zip Code Country 33426 USA https:lllfweb.bbfl.usIFormslformlapprovallOe234342-3699-46cO-942b-6cbef9O5c8a4?hideHeader=true 1/ 37 6/6/23, 3:04 PM Application Evaluation liusiiilness Mailling Street Address Address, !if diiffeireirnt from 1ptnysiicall Address Line 2 City State / Province / Region Postal / Zip Code Country USA I uusiiiness IEiriic INewsoirne ineir/Iiriinciilpall INairnne * Grant Applilication IEiriic INe sonne Contact IPeirsin/iiiitlle Phone INuuirnlbeir* 561.251.7759 IEnnaiill * etnevwsoirnnel0 gmaiill corn elbsiite We do not Ihave a websiite yet iOwn or IFeirnt 0 Cluvin Rent Coirnimeirciiall IP iro 1pe irty * INu.uirnbeir of 1 IEirnlplloyees * Type of I uusiiirness* Sports and IEducatiioin ICDesciriilptii irn of Your IEINIE I Enterprises which includes INennrsolrine Illn�terina�tiiuninall IEusiiness* ISaslketballll Associiatiioiin Ihelps IHigh Sclhooll and 1post III-Vighn Sclhooll students attain college baslketballll scholarships by https://Ifweb. bbfl. us/Forms/form/approvallOe234342-3699-46cO-942b-6cbef9O5c8a4?hideHeader=true 2/ 38 6/6/23, 3:04 PM �P IRO IEC T DESCRIPTION Application Evaluation IYairlke'tiiingIl-- Please select all the eligible uses you are seeking grant reimbursement for Commerce Eligible ej Development of a imairlketiiing/sociiall media plan Uses ej IDesiigirn of marketing materials, and content El Wellasiite design 12 Welb promotions (e.g.. IFacelboolk ads) 0 Print and 'TV advertisements Social) media devellopirn°neirnt and assistance Marketing consultants V2 Brand and logo, design C IB -commerce software and development IBg,uiipirrnelnt'to support irn"narlketiing efforts ether IPiroject Iesciriilptiioin * Provide a detailed description of your marketing/e-commerce project. This pirolposall its for our comprehensive diigiitall marketing services, which A, includes web design, sociis)) media imarketiing and consulltiiing services, and off site SlEO optimization. The websiite desiigin services we wiillll receive wiillll help us (reach our fullll Ipoteintiiall by improving our online presence and driving irnnolre traffic our website, and sociiall imediia properties which wiillll enhance our IPiro.jec't Ilimlpact* Provide a detailed description of how this project will impact your business This propecxt wiillll greatly impact INewsome Ilntelrinat.iioinall IBaslketballll Association by providing inrnoire exposure for the pro rairmn, being ablle to reach irnore student pairt.iiciipairnts, and connecting the program to potentiiall donors, supporters, and resources that willll assist in a plrograrromatic manner and Ihellp create fiinai nciall stability.This willll further support student devellolplrmelnt and IPiroject"s Totall Cost* $ 2,874..00 iraint Arnouint Maximum amount is $2,500 IReq uested * $2,500 Istiiirnated What is the estimated project completion date? Coirnlplletiioin Iate* 8/1/202 I ADDITIONAL IIINIFOIRIMATIIOIN their IPirogirarns * Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? Yes 00 INo https://Ifweb. bbfl. us/Forms/form/approvallOe234342-3699-46cO-942b-6cbef9O5c8a4?hideHeader=true 3/ 39 6/6/23, 3:04 PM IRequilired Documents Project li a get* V'eindoir Quote(s) * Application Evaluation For a copy of a blank W-9 Form click this link. If::::If JIC IINII:::::: d DIME:.:::: (9„Ipdf 1.711 IB Click, here to download a blank W-9 Forrmo. Copy of City of Boynton Beach Business Tax Receipt tvUpVoad INII::::::WC IMl:::::. l3UT.V IIINl::.:::. "TAX Ifs.... 401 „631KIB 0 13 Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. Upload.... I[Diigiitall IMarketing l::)roposall 5„17..23..pdU 8.. 01 IM IB Vendor quote(s) for eligible uses Upbad Good 11.....iiviing I[:::::xlposiitiioirns Web l'.)esiigirn.... 321.771KIB Iplplliicatii in Date* 5/17/2923 Corn meirnts https://Ifweb. bbfl. us/Forms/form/approvallOe234342-3699-46cO-942b-6cbef9O5c8a4?hideHeader=true 4/ 40 6/6/23, 3:04 PM Application Evaluation m liete IIneligible IMissing Documents https://Ifweb. bbfl. us/Forms/form/approvallOe234342-3699-46cO-942b-6cbef9O5c8a4?hideHeader=true 5/ 41 M. - Consent Consent Agenda 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Resolution No. R23-086- Interlocal Agreement between the Palm Beach County Sheriff and the City of Boynton Beach pertaining to the Operation Stonegarden Grant Program. Requested Action by Commission: Approve and authorize the City Manager to sign an interlocal agreement between the Palm Beach County Sheriff and the City of Boynton Beach, Florida pertaining to the Operation Stonegarden Grant Program. Explanation of Request: The U.S. Department of Homeland Security, Federal Emergency Management Agency, through the State of Florida Division of Emergency Management, awarded a grant to the Palm Beach County Sheriff from the Fiscal Year 2022 Operation Stonegarden Grant (OPSG) Program, Award #R0563. The Sheriff will reimburse the City of Boynton Beach Police Department for overtime expenses associated with the OPSG; conducting border security activities in coordination with the Sheriff and U.S.B.P to increase the capacity to respond to, detect, and deter transnational criminal activities. How will this affect city programs or services? The OPSG Program will allow the Boynton Beach Police Department to participate in Stonegarden operations as friendly forces to assist the U.S. Border Patrol (U.S.B.P) in securing our borders. Fiscal Impact: No fiscal impact. The Sheriff will reimburse the City for overtime worked on OPSG activities up to $30,000. Attachments: R23-086 ILA_with_PBC_for_Stonegarden_Grant_Program_2023_-_Reso. pdf Updated City of Boynton Beach PD_2022 OPSG ILA.pdf 42 1 RESOLUTION NO. R23-086 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL 4 AGREEMENT BETWEEN THE PALM BEACH COUNTY SHERIFF AND THE CITY 5 OF BOYNTON BEACH, FLORIDA PERTAINING TO THE OPERATION 6 STONEGARDEN GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 7 8 WHEREAS, The U.S. Department of Homeland Security, Federal Emergency Management 9 Agency, through the State of Florida Division of Emergency Management, awarded a grant to the 10 Palm Beach County Sheriff from the Fiscal Year 2022 Operation Stonegarden Grant (OPSG) 11 Program, Award #R0563; and 12 WHEREAS, The Sheriff will reimburse the City of Boynton Beach Police Department for 13 overtime expenses associated with the OPSG; conducting border security activities in coordination 14 with the Sheriff and U.S.B.P to increase the capacity to respond to, detect, and deter transnational 15 criminal activities; and 16 WHEREAS, The OPSG Program will allow the Boynton Beach Police Department to 17 participate in Stonegarden operations as friendly forces to assist the U.S. Border Patrol (U.S.B.P) 18 in securing our borders; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve and 21 authorize the City Manager to sign an Interlocal Agreement with the Palm Beach County Sheriff 22 pertaining to the Operation Stonegarden Grant Program. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and incorporated 26 herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the City Manager to sign an Interlocal Agreement with the Palm Beach S:ACA\RES0\AgreenlentsA1LA With PBC For Stonegarden Grant Program(2023) - Reso.Doex 43 29 County Sheriff pertaining to the Operation Stonegarden Grant Program. A copy of the Interlocal 30 Agreement is attached hereto as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 18th day of July, 2023. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Maylee De Jesus, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 61 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\AgreementsAILA With PBC For Stonegarden Grant Program(2023) - Reso.Docx 44 AN INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SHERIFF AND THE CITY OF BOYNTON BEACH, FLORIDA PERTAINING TO THE OPERATION STONEGARDEN GRANT PROGRAM WHEREAS, Part I of Chapter 163 of the Florida Statutes pen -nits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the U.S. Department of Homeland Security, Federal Emergency Management Agency, through the State of Florida Division of Emergency Management, awarded a grant in the amount of $346,500 to the Palm Beach County Sheriff (SHERIFF) from the Fiscal Year 2022 Operation Stonegarden Grant (OPSG) Program, Award #R0563; and WHEREAS, the OPSG Program allows local police agencies to participate in Stonegarden operations as friendly forces to assist the U.S. Border Patrol (U.S.B.P) in securing our borders; WHEREAS, the Sheriff and the City of Boynton Beach Police Department (CITY) hereby agree to work cooperatively in regards to the OPSG as set forth herein below. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: Article 1. Purpose This interlocal agreement (agreement) delineates the responsibilities of the CITY for activities under FY22 Operation Stonegarden Grant Program, the proceeds of which are being made available by the U.S. Department of Homeland Security, Federal Emergency Management Agency. Article 2. Scope The provisions of this agreement apply to Fiscal Year 2022 OPSG activities to be performed by the parties hereto at the request of the federal government, and in furtherance of its border security mission. Article 3. CITY agrees to: A. Conduct border security activities in coordination with the SHERIFF and U.S.B.P to increase the capacity to respond to, detect, and deter transnational criminal activities (see Attachment A -Operations Order). B. Comply with the Fiscal Year 2022 OPSG grant reporting requirements and Operations Order #23-MIPMIP-12-002 V0. C. Provide monthly requests to the SHERIFF with supporting documentation (payroll records, time and attendance forms, DARs) for reimbursement of expenses, including overtime. D. Maintain records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three years after completion or termination of this Agreement. Provide the SHERIFF with access to CITY books, records, and documents such that the SHERIFF may inspect or audit these records, upon request during normal business hours, at the CITY's Police Department. Article 4. The SHERIFF agrees to: A. Reimburse the CITY in an amount not to exceed $30,000 for overtime expenses, including fringe benefits (FICA and Retirement only) associated with the Fiscal Year 2022 OPSG Grant Program. 45 B. Reimburse the CITY within 30 days after receipt and verification of any reimbursement request provided it contains the necessary accurate and detailed supporting documentation. Article 5. Term of Aireement and Oblivation to Pav: The term of this Agreement shall commence upon its execution by both the SHERIFF and the CITY and shall terminate on March 31, 2024, or until the date of the expiration of the FY2022 OPSG grant agreement #R0563, if extended by the grantor agency. Article 6. Liability Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, the CITY shall be responsible to the SHERIFF for any actions, claims or damages arising out of the CITY's negligence in connection with this Agreement, and the SHERIFF shall be responsible to the CITY for any actions, claims, or damages arising out of SHERIFF's negligence in connection with the Agreement. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Fla. Stat. Article 7. Indemnification The CITY recognizes it may have liability for certain tortious acts of its agents, officers, and employees, with said liability being limited by the provisions of §768.28 Fla. Stat., provided, however, that this indemnification provision shall not be construed as a waiver of any constitutional or statutory rights or defenses that the CITY may possess and the CITY reserves all such rights as against any and all claims that may be brought under this Agreement. The SHERIFF recognizes it may have liability for certain tortious acts of its agents, officers, and employees, with said liability being limited by the provisions of §768.28 Fla. Stat., provided, however, that this indemnification provision shall not be construed as a waiver of any constitutional or statutory rights or defenses that the SHERIFF may possess and the SHERIFF reserves all such rights as against any and all claims that may be brought under this Agreement. Article 8. Insurance The Parties shall each maintain their own insurance policies during the term of this Agreement: The SHERRIFF warrants that it is self-insured and/or shall maintain general liability insurance as required by law. The CITY shall provide the SHERIFF with a copy of its General Liability certificate of insurance. Article 9. Non -Discrimination The Parties shall not discriminate on the basis of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. Article 10. Modifications of Work This Agreement or the Scope of Work may only be modified or amended only by the mutual written consent of the Parties. Article 11. Relationship of the Parties The Parties hereto acknowledge that their relationship is that of independent contractors. No employee of either party shall be deemed an employee of the other parry. Nothing contained herein shall be construed to create a partnership or joint venture between the Parties. Article 12. No Third Partv Beneficiaries 46 This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. Article 13. Notices Any notices to be provided hereunder shall be in writing and given by personal service, mailing the same by United States certified mail, return receipt requested, and postage prepaid or a nationally recognized overnight carrier, addressed as follows: If to SHERIFF to: Ric L. Bradshaw Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 With a copy to: Catherine M. Kozol, Esq. Department of Legal Affairs Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 If to CITY to: Chief of Police Joe Giulio Boynton Beach Police Department 2100 High Ridge Road Boynton Beach, Florida 33426 With a copy to: James A. Cherof, Esq. City Attorney 100 E. Ocean Avenue Boynton Beach, Florida 33435 Article 14. Severabilitv The invalidity or unenforceability of any provision or clause hereof shall in no way effect the validity or enforceability of any other clause or provision hereof. Article 15. Waiver and Delav No waiver or delay of any provision of this Agreement at any time will be deemed a waiver of any other provision of this Agreement at such time or will be deemed a waiver of such provision at any other time. Article 16. Assinnment: Binding Agreement Neither party shall assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Article 17. Governing Law and Venue This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising with respect to this Agreement is subject to the laws of Florida. Venue shall lie in Palm Beach County, Florida. Article 18. Entirety of Contractual Agreement The SHERIFF and the CITY agree that this Agreement sets forth the entire agreement between the Parties, and that there are no promises or understandings other than those stated herein. None 47 of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties hereto in accordance with Article 10 -Modifications of Work. Article 19. Termination This Agreement may be terminated without cause by either party to the Agreement upon 60 days written notice to the other party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date all signatures below are affixed. CITY OF BOYNTON BEACH, FLORIDA By: Daniel Dugger, City Manager Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Michael D. Cirullo, Jr., City Attorney SHERIFF OF PALM BEACH COUNTY By: Ric L. Bradshaw Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Catherine M. Kozol, Esquire 48 6.0 Consent Agenda 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Resolution No. R23-087- Assignment Agreement to assigning the business name of Bill2Pay, LLC to Catalis Payments, LLC. Requested Action by Commission: Approve and authorize the City Manager to sign the Assignment Agreement changing the company/firm from Bill2Pay, LLC to Catalis Payments, LLC. The Agreement is based on services provided for Request for Proposal RFP No. 074- 2821-16/KTR Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing. Explanation of Request: On April 19, 2016, by Resolution R16-062, Commission approved the authorization of the City Manager to sign a contract with Bill2Pay, LLC as the top ranked vendor for the Request for Proposal RFP No. 074-2821-16/KTR Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing. The City of Boynton Beach entered into a contract with Bill2Pay, LLC on August 1, 2016. On December 21, 2022, Bill2Pay, LLC Merged with Value Payment Systems, LLC of Tennessee. However, effective January 2023 Value Payment Systems amended its legal name to Catalis Payments, LLC. Bill2Pay, LLC is now known as Catalis Payments, LLC. How will this affect city programs or services? The Assignment Agreement request will have no affect to City programs or services. Fiscal Impact: There's no fiscal impact as a result of this approval. Attachments: R23-087 Assignment_Agreement_Catalis_-_Reso.pdf R23-087 Bill2Pay_LLC_Assignment_Agreement _6-27-23.docx.pdf Bill2Pay LLC/Catalis Payments LLC Assignment Agreement 6-27-23.docx.pdf Corporate Resolution Letter - Catalis Payments signature authority.pdf Bill2Pay, LLC Merger to Value Payment Systems, LLC (Discontinuing Company) [Evidence of Merger] Department of State (Tennessee) Acknowledgement of Merger Bill2Play, LLC into Value Payment Systems, LLC (Survivor) [Evidence of Merger] Catalis Payments, LLC - Merger Affidavit 49 Bi112Pay, LLC Executed Contract by Resolution R16-062 Bi112Pay, LLC - Amendment No. 1 by Resolution R17-075 Renewal Interest Letter - Bi112Pay LLC - 2023-2024 Signed 50 1 RESOLUTION NO. R23- 087 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE 5 ASSIGNMENT AGREEMENT CHANGING THE COMPANY/FIRM FROM 6 BILL2PAY, LLC TO CATALIS PAYMENTS, LLC. THE AGREEMENT IS 7 BASED ON SERVICES PROVIDED FOR REQUEST FOR PROPOSAL RFP 8 NO. 074-2821-16/KTR BILL PRINTING, MAILING, ELECTRONIC BILL 9 PRESENTMENT AND PAYMENT PROCESSING; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, on April 19, 2016 by Resolution R16-062, Commission approved the 13 authorization of the City Manager to sign a contract with Bill2Pay, LLC as the top ranked 14 vendorforthe Requestfor Proposal RFP No.074-2821-16/KTR Bill Printing, Mailing, Electronic 15 Bill Presentment and Payment Processing; and 16 WHEREAS, the City entered into the contract with B1112Pay, LLC on August 1, 2016; 17 and 18 WHEREAS, the City has been notified that Bill2Pay, LLC is now known as Catalis 19 Payments, LLC.; and 20 WHEREAS, the City Commission has determined that it is in the best interests of the 21 residents of the City to approve and authorize the City Manager to sign the Assignment 22 Agreement changing the company/firm from Bill2Pay, LLC to Catalis Payments, LLC. The 23 Agreement is based on services provided for Request for Proposal RFP No. 074-2821-16/KTR 24 Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission does hereby approve and authorize the City 31 Manager to sign the Assignment Agreement changing the company/firm from Bill2Pay, LLC 32 to Catalis Payments, LLC. The Agreement is based on services provided for Request for 33 Proposal RFP No. 074-2821-16/KTR Bill Printing, Mailing, Electronic Bill Presentment and S:ACAAPESOAAgreements\Assignment Agreement (Catalis) - Reso.doex 51 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Payment Processing. A copy of the Assignment Agreement is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of July, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACAAPESOAAgreements\Assignment Agreement (Catalis) - Reso.doex VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 52 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR This Assignment Agreement ("Agreement") to RFP # 074-2821-15/KTR (the "Contract") is entered into by Bi112Pay, LLC ("Assignor"); Catalis Payments, LLC, a Georgia Corporation ("Assignee"); and the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida ("City"). Assignor, Assignee, and City are collectively referred to herein as the "Parties." Recitals WHEREAS, the Assignor entered into the Contract with the City on August 1, 2016 and a First Amendment to the Contract on September 13, 2017; and, WHEREAS, the Assignor now wishes to assign all its rights and obligations under the Contract to Assignee; and, WHEREAS, the "ASSIGNMENT" section Article 16 in the Contract between the City of Boynton Beach and Bi112Pay, LLC requires express written consent of the City to assign this Contract; and, WHEREAS, the Assignee represents that it can assume and fully perform the Assignor duties under the Contract. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Contract shall be amended as follows: 1. The above recitals are hereby incorporated into this Agreement. 2. The Assignee accepts and agrees to be bound by and fully perform all of Assignor's Contract obligations, duties, and responsibilities, and to abide by all terms and conditions specified in the Contract in the name of Assignor. 3. The Assignee agrees to assume all obligations and liabilities of, and all claims against, the Assignor under the Contract as if the Assignee was the original party to the Contract. 4. The Assignor waives all rights under the Contract as of the effective date of this Agreement. 5. The Parties agree that this Agreement operates as an assignment of the Contract, establishing a new contractual relationship entered into by and between the City and Assignee. 6. The City consents to the assignment. The City, in executing its consent to this Agreement, does not release Assignor from any claims or remedies it may have against Assignor arising prior to the effective date of the assignment of the Contract. 7. The Assignee, by this Agreement, becomes entitled to all rights, titles, and interests of the Assignor in and to the Contract as if the Assignee were the original party to the Contract. 8. The effective date of this Agreement shall be the date of the final signature to this Agreement. {00564857.1 306-90018211 Page 1 of 3 1712 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR 9. This Agreement is hereby made a part of this Contract. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect. 10. This Agreement sets forth the understanding between the Parties regarding the subject matter hereof. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective Party. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 12. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. Facsimile and pdf signatures shall be considered to be originals. {00564857.1 306-90018211 [Signature page to follow] Page 2 of 3 1713 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. City: City of Boynton Beach Assignor: Bill2Pay, LLC ---DocuSigned by: By: By: sfwt. Nwff Name: Daniel Dugger Name: Steve Ostroff Title: City Manager Title: EVP of Payments Date: Date: 6/27/2023 {00564857.1 306-90018211 Assignee: tdl Xdgyment, LLC III 11119UbtEU4t4— Name: Steve Ostroff Title: EVP of Payments Date: 6/27/2023 Page 3 of 3 1714 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR This Assignment Agreement ("Agreement") to RFP # 074-2821-15/KTR (the "Contract") is entered into by Bi112Pay, LLC ("Assignor"); Catalis Payments, LLC, a Georgia Corporation ("Assignee"); and the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida ("City"). Assignor, Assignee, and City are collectively referred to herein as the "Parties." Recitals WHEREAS, the Assignor entered into the Contract with the City on August 1, 2016 and a First Amendment to the Contract on September 13, 2017; and, WHEREAS, the Assignor now wishes to assign all its rights and obligations under the Contract to Assignee; and, WHEREAS, the "ASSIGNMENT" section Article 16 in the Contract between the City of Boynton Beach and Bi112Pay, LLC requires express written consent of the City to assign this Contract; and, WHEREAS, the Assignee represents that it can assume and fully perform the Assignor duties under the Contract. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Contract shall be amended as follows: 1. The above recitals are hereby incorporated into this Agreement. 2. The Assignee accepts and agrees to be bound by and fully perform all of Assignor's Contract obligations, duties, and responsibilities, and to abide by all terms and conditions specified in the Contract in the name of Assignor. 3. The Assignee agrees to assume all obligations and liabilities of, and all claims against, the Assignor under the Contract as if the Assignee was the original party to the Contract. 4. The Assignor waives all rights under the Contract as of the effective date of this Agreement. 5. The Parties agree that this Agreement operates as an assignment of the Contract, establishing a new contractual relationship entered into by and between the City and Assignee. 6. The City consents to the assignment. The City, in executing its consent to this Agreement, does not release Assignor from any claims or remedies it may have against Assignor arising prior to the effective date of the assignment of the Contract. 7. The Assignee, by this Agreement, becomes entitled to all rights, titles, and interests of the Assignor in and to the Contract as if the Assignee were the original party to the Contract. 8. The effective date of this Agreement shall be the date of the final signature to this Agreement. {00564857.1 306-90018211 Page 1 of 3 1709 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR 9. This Agreement is hereby made a part of this Contract. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect. 10. This Agreement sets forth the understanding between the Parties regarding the subject matter hereof. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective Party. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 12. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. Facsimile and pdf signatures shall be considered to be originals. {00564857.1 306-90018211 [Signature page to follow] Page 2 of 3 1710 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. City: City of Boynton Beach Assignor: Bill2Pay, LLC ---DocuSigned by: By: By: sfwt. Nwff Name: Daniel Dugger Name: Steve Ostroff Title: City Manager Title: EVP of Payments Date: Date: 6/27/2023 {00564857.1 306-90018211 Assignee: tdl Xdgyment, LLC III 11119UbtEU4t4— Name: Steve Ostroff Title: EVP of Payments Date: 6/27/2023 Page 3 of 3 1711 DocuSign Envelope ID: 5EC5B026-7F94-43EE-986F-5CE4DEBCCC12 CORPORATE RESOLUTION CATALIS PAYMENTS, LLC 3025 WINDWARD PALZA, SUITE 200 ALPHARETTA, GA 30005 I, Eric Johnson, as Secretary of Catalis Payments, LLC a limited liability company organized and existing under the laws of the State of Tennessee (the "Company"), DO HEREBY certify that the following is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors of the Company duly held and convened on January 3, 2023, at which meeting a duly constituted quorum of the Board of Directors was present and acting throughout, and that such resolution has not been modified, rescinded or revoked, and is at present in full force and effect: RESOLVED: That Steven Ostroff, Executive Vice President, of Catalis Payments, LLC is empowered and authorized to execute and deliver contracts on behalf of the Company. I hereby certify that I am an Officer of Catalis Payments, LLC IN WITNESS WHEREOF, the undersigned has affixed his/her signature this 26' day of January 2023. DocuSigned by: Eric Johnson Signature: C AT A L I S"% ADVANCING GOV RNMI NI ENGAGING CITIZENS. 3025 WINDWARD PLAZA, SUITE 200 ALPHARETTA, GA 30005 CA "'I11 ALt!I'iiu u(:)VrMM A,' 4 December 27, 2022 FLORIDA DEPARTMENT OF STATE Division of Corporations The Articles of Merger were filed on December 20, 2022, effective December 30, 2022, for VALUE PAYMENT SYSTEMS, LLC, the surviving Tennessee entity not authorized to transact business in Florida, Should you have any further questions regarding this matter, please feel free to call (850) 245-6050, the Amendment Filing Section. Claretha Golden Regulatory Specialist 11 Division of Corporations Account number: 120160000072 Amount charged: 50.00 www.sunbiz.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 60 Articles of Merger For Florida Limited Liability Company %a A The following Articles of'Merger is submitted to merge the following Florida Limited Liability Cornpany(ies) in accordance with s. 605.1025, Florida StatUteS. FIRST: The exact name, form/entity type, and jurisdiction for each merging. party are as follows: Name Jurisdiction Form/1-'Aitit , I:yp—e -y— Value Payment Systems, LLC' Tennessee LLC l3jll2Pay, LLC Florida LIX SECOND: The exact name, form/entity type, andjurisdiction of the surviving party are as follows: Name Jurisdiction l`orrn/L-,ntity Type Value Payment Systems, LLC' 1'etinessee LLC THIRD: The merger was approved by each domestic merging entity that is a limited liability company in accordance with ss.605. 1021-605.1026; by each other merging entity in accordance with the laws ofits.jurisdiction; and by each member of such limited liability company who as a result of the merger will have interest holder liability Under s.605.1023(l )(b). U1,09i - 0 i 1 2020 W, lm, Kl—o O,Ome 61 ria C= 171 C"I) fV Eu NO U1,09i - 0 i 1 2020 W, lm, Kl—o O,Ome 61 DocuSign Envelope C: 039CDCF8-5BDO-41 FE -B1 8C-004OBCFOD69D FOURTH: Please check one ol'the boxes that apply to surviving entity: (if*applicable) This entity exists before the merger and is a domestic tiling entity, the amendment, if* any to its public organic record -ftare att,--hed,,- This entity is created by the merger and is a domestic filing entity, the public organic record is attached. This entity is created by the merger and is a dornestic limited liability limited partnership or a domestic limited liability partnership, its statement of qL1,111fication is attached. This entity is a foreign entity that does riot have a certificate of authority to transact bUSiF1CSS in this state. The mailing address to which the department may send any process served pUrStlant to s. 605.0117 and Chapter 48, Florida Statutes is: 3025 Windward Plaza, Ste, 200, Alpharetta, GA. FIFTH: This entity agrees to pay any members with appraisal rights the amount, to which members are entitled Under ss.005.1006 and 605.1061-605.1072, F.S. SIXTH: If' other than the date of'filing, the delayed effective date of'the rnerger, which cannot be prior to nor more than 90 days after the date this doCUMCIlt is Idled by the Florida Department of State: 12/301/22 Note: ll'the date inserted in this block does not meet the applicable statutory filing requirements, this date will not be listed as the document's ef'tective (late on the L)epartment ot'State's records. SEVENTH: SignatUre(s) for Flach Party: Narne of'Fritity/Organization: VaILIC PaYrIlellt Systems, LLC Bill2Pay, LLC Sign,1011-C(S): i ". )A4 i I (AvltkY 44 (AvAe, Typed or printed Name of` ndividUal: David Wititers David Winters Corporations: hairman, Vice Chairman, President or Officer (`If no clii-eclot-s selecled, signatui-e qfIncol-P. orWoi',) General partnerships: Signature ol'a general partner or authorized person Florida Limited Partnerships: Signatures ol'all general partners Non -Florida Limited partnerships: Signature 01*'I general partner Limited Liability Companies: Signature of all authorized person Fees: For each Limited Liability Company: $25.00 For each Corporation: $35.00 For each Limited Partnership: $52.50 For each General Partnership: $25.00 For each Other Business Entity: $25.00 Certified Copy (optional): $30.00 Tre Hargett Secretary of State VALUE PAYMENT SYSTEMS, LLC STE 330 155 FRANKLIN RD BRENTWOOD, TN 37027-1620 r. Division of Business Services Department of State State of Tennessee 312 Rosa L. Parks AVE, 6th FL Nashville, TN 37243-1102 December 21, 2022 Control # 560748 Effective Date: 12/30/2022 Document Receipt Receipt # : 7657836 Filing Fee: $100.00 Payment -Account - #026945 CAPITAL FILING SERVICE INC, NASHVILLE, TN $100.00 ACKNOWLEDGMENT OF MERGER Bill2Play, LLC (FLORIDA) (Unqualified Non -survivor) merged into VALUE PAYMENT SYSTEMS, LLC (TENNESSEE) (Qualified Survivor) This will acknowledge the filing of the attached Articles of Merger with an effective date as indicated above. When corresponding with this office or submitting documents for filing, please refer to the control number given above. You must also file this document in the office of the Register of Deeds in the county where the entity has its principal office if such principal office is in Tennessee. Tre Haeett Secretary of State Processed By: Carol Dickerson Phone (615) 741-2286 * Fax (615) 741-7310 " Website: http://tnbear.tn.gov/ I*] CERTIFICATE OF MERGER OF Bill2Play, LLC (A Florida limited liability company) INTO VALUE PAYMENT SYSTEMS, LLC (A Tennessee limited liability company) FILED Value Payment Systems, LLC, a Tennessee limited liability company ("Surviving Company"), and Bill2Pay, LLC, a Florida limited liability company ("Merged Company'), acting pursuant to Section 48-244-103 of the Tennessee Limited Liability Company Act, as amended (the "Act"), hereby adopt the following Certificate of Merger whereby Merged Company shall be merged with and into Surviving Company (the "Merger'): 1. The Surviving Company was organized under the laws of the State of Tennessee pursuant to Articles of Organization filed with the Tennessee Secretary of State on October 11, 2007. The Merged Company was organized under the laws of the State of Delaware pursuant to Articles of Organization filed with the Florida Secretary of State on July 9, 2014. 2. The Agreement and Plan of Merger ("Plan of Merger") was approved and executed by each constituent party to the Merger. 3. Value Payment Systems, LLC is the surviving constituent party in the Merger. 4. This Certificate of Merger, and the Merger, shall become effective on December 30th, 2022 (the "Effective Time"). At the Effective Time, the Articles of Organization of the Surviving Company, as in effect immediately following the Effective Time, shall be the Articles of Organization of the Surviving Company, until thereafter amended in accordance with the Surviving Company's limited liability company agreement and the Act. The Plan of Merger is on file at the offices of the Surviving Company, 3025 Windward Plaza, Ste. 200, Alpharetta, GA 30005. 7. A copy of the Plan of Merger will be furnished by the Surviving Company, on request and without cost, to any person holding an interest in a constituent party to the Merger. [Signature Page to Follow] 841568.1 11238-002 61 IT I DocuSign Envelope ID: 039CDCF8-5BDO-41 FE-1318C-004OBCFOD89D IN WITNESS WHEREOF, this Certificate of Merger is hereby executed as of December 16, 2022. VALUE PAYMENT SYSTEMS, LLC D—Signed by: By: IV autii� �it�ft rs _ Name: David Winters Title: Chief Financial Officer Bi112Pay, LLC By: ED—Signed by: y Name: David Winters Title: Chief Financial Officer �oNs [SIGNATURE PAGE TO CERTIFICATE OF MERGER OF BILL2PAY, LLC INTO VALUE PAYMENT SYSTEMS, LLC (TN)] 65 AGREEMENT AND PLAN OF MERGER Value Payment Systems, LLC (a Tennessee limited liability company) FRO !7 Bill2Pay, LLC (a Florida limited liability company) This AGREEMENT AND PLAN OF MERGER, dated as of December 16, 2022 (this "Agreement'), is entered into by and between Value Payment Systems, LLC, a Florida limited liability company ("Parent"), and Bill2Pay, LLC, a Florida limited liability company ("Sub"). RECITALS WHEREAS, Sub desires to merge with and into Parent, and Parent desires to merge Sub with and into itself: WHEREAS, the sole member of Sub and the sole member of Parent deem it advisable that Sub merge with and into Parent and that Parent continue as the surviving entity upon the terms set forth herein and in accordance with the laws of the State of Tennessee (the "Merger"), and that the issued and outstanding limited liability company interests of Intermediate be canceled upon consummation of the Merger as set forth herein; and WHEREAS, the sole member of Sub and the sole member of Parent have, by resolution, duly approved and adopted the provisions of this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual agreements set forth herein, Intermediate and New Holdings hereby agree as follows: AGREEMENT I . The names of each constituent entity in the merger are Value Payment Systems, LLC and Bill2Pay, LLC. Subject to the terms and conditions hereof, Sub hereby merges with and into Parent, pursuant to the provisions of, and with the effect provided in, the Tennessee Code (the "Tennessee Code") and Parent shall be the surviving entity (the "Surviving Entity"). The name of the Surviving Entity from and after the Effective Time (as defined below) shall be: Value Payment Systems, LLC. The principal place of business of the Surviving Entity is 3025 Windward Plaza, Ste. 200, Alpharetta, GA 30005. The Preamble and Recitals to this Agreement are an integral part hereof and are incorporated herein by reference. 2. Effective Time. (a) The parties hereto shall cause a Certificate of Merger to be executed and delivered for filing with the Tennessee Secretary of State, as provided in and in accordance with the Tennessee Code (the "Merger Certificate") and an Articles of Merger to be executed and delivered for filing with the Florida Department of State Division of Corporations, as provided in and in accordance with the Florida Statutes. DR (b) The Merger shall be effective on the date indicated in the Merger Certificate (the "Effective Time"). (c) At the Effective Time, Sub shall cease to exist as a limited liability company, and all of its property, rights, privileges, patents, trademarks, licenses, registrations, other assets of any kind and liabilities shall be transferred to, vested in and become the property, rights, privileges, patents, trademarks, licenses, registrations, other assets of any kind and liabilities of the Surviving Entity. (d) At the Effective Time, the equity interests of Sub issued and outstanding immediately prior to the Effective Time shall, by virtue of the Merger and without any action by Sub, the equityholder thereof, Parent or any other person, be canceled and no cash or securities or other property shall be payable to the equityholder in respect thereof. At the Effective Time, the equity of Parent issued and outstanding immediately prior to the Effective Time shall be unaffected and remain issued and outstanding. 3. Articles of Organization; Limited Liability Company Agreement. At the Effective Time of the Merger, by virtue of the Merger and without any action on the part of Parent, Sub, or any other person, (a) the articles of organization of Parent, as in effect immediately prior to the Effective Time of the Merger, shall be the articles of organization of the Surviving Entity, and (b) the limited liability company agreement of Parent as in effect immediately prior to the Effective Time of the Merger shall be the limited liability company agreement of the Surviving Entity, in each case, until thereafter amended as provided therein. 4. Directors and Officers. At the Effective Time of the Merger, by virtue of the Merger and without any action on the part of Parent, Sub, or any other person, the directors and officers of the Surviving Entity shall be the directors and officers of Parent immediately prior to the Effective Time. 5. Further Assurances. The parties hereto agree to use their best efforts to take, or cause to be taken, all lawful actions and to do, or cause to be done, all lawful things (including executing and delivering such additional instruments, documents and consents) as may be reasonably necessary to give effect to the transactions contemplated by this Agreement. 6. No Third Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective successors and permitted assigns. 7. Governing Law. This Agreement shall be governed by the internal laws of the State of 'Tennessee, without giving effect to any otherwise applicable principles of conflict of laws of that State. 8. Execution of Counterparts. This Agreement may be executed in any number of counterparts (including by electronic means), each of which when so executed and delivered (including in .pdf or other electronic format) shall be deemed an original, but all of which shall together constitute one and the same instrument. 9. Tax Treatment. The Merger is intended to be treated as a plan of liquidation under Section 332 of the Internal Revenue Code. [Signature page to follow] DocuSign Envelope ID: D550E473-BA80-44D3-9A3F-814975925B35 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective authorized representative on the day and year first written above. Value Payment Systems, LLC a Florida limited liability company ro DocuSigneed by::�1V`� kkyBy.2644766B967B4d2... Name: David Winters Title: Chief Financial Officer Bill2Pay, LLC a Florida limited liability, company DocuSigned by; �1y By 3644766DB57®A 3� Name: David Winters Title: Chief Financial Officer [Signature Page to Agreement and Plan of Merger Value Payment Systems, LLC and Bill2Pay, LLCJ DocuSign Envelope ID: 216B8A20-0082-4386-B325-CAAD8E846C42 FAaaIIMATAIII I My legal name is Eric Johnson, and I am the Executive Vice President of Legal and Government Affairs for Catalis Payments, LLC., headquartered at 3025 Windward Plaza, Suite 200 in Alpharetta, Georgia 30005. 1. Effective December 2022, Bill2Pay, LLC, FivePoint Payments LLC, nCourt, LLC, and Sturgis Web Services Corporation were merged into Value Payment Systems, LLC. 2. Effective January 2023, Value Payment Systems amended its legal name to Catalis Payments, LLC. 3. As a matter of law Catalis Payments, LLC, is the successor in interest to Bill2Pay, LLC, FivePoint Payments LLC, nCourt, LLC, and Sturgis Web Services Corporation 4. These changes were part of a corporate reorganization, branding, and streamlining initiative. All entities were wholly owned by Catalis Holdco, and there was no change in control for any of the entities involved. I hereby state that the information above is true, to the best of my knowledge. I also confirm that the information here is both complete and accurate, and relevant information has not been omitted. DocuSigned by: Eric Johnson �eo21aFa21na aC Affiant C AT A L I S"% ADVANCING GOV RNM INI ENGAGING CITIZENS. Eric Johnson Printed Name 3025 WINDWARD PLAZA, SUITE 200 ALPHARETTA, GA 30005 :A"'ll"';ALtl:iiuA(:) V.u'::�OM 19 &- v6�k VENDOR SERVICES AGREEMENT TO PROVIDE BILL PRINTING,MAILING, ELECTRONIC BILL PRESENTMENT AND PAYMENT PROCESSING THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as the City", and 13i112Pay. LLC, hereinafter referred to as "VENDOR", inconsideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The VENDOR is retained bythe Cityto providecomplete back office services to produce paper and electronic utility bills, distribute those bills through mail or electronic services, provide payment options for customers including lockbox services with a Florida mailing address and providestaff aweb based portal. 2 SCOPE OF SERVICES. Vendor agrees to perform the services as outlined in RFP No., 074- 2821-15/KTR and incorporated herein: "Section 2. — Project Information and Scope of Services, 2.4 Scope of Services to be Performed; and 3.0 Technical Requirements" as responded to in the October 12, 2015 proposal of Vendor both of which are incorporated herein. Vendor's response shall supercede the Scope of Services and Technical Requirements found in the City's RFP, including with respect to Vendor's response regarding section 3.2.4 Electronic Bill Presentment General. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuantto this agreement upon written noticeto proceed. 4 TERM: This Agreement shall be for a period of three (3) years beginning from the contract execution date, ; c. t '"�"" 2016, with five (5) one-year renewal periods subject to Vendor's acceptance, satisfactory performance, and determination that renewal will be in the best interestof the City. 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Vendor shall be made promptly and in accordance with the provisions and time frames set forth in the Bill2Pay Payment Processing Services Agreement attached and incorporated herein as Exhibit 1, which includes both the statement of work and pricing, on all invoices submitted to the City properly and in accordance with the Bill2Pay Payment Processing Services Agreement. b. The Vendor may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, paymentwill be madetotheVendor inthe amount approved. c. Final payment of any balance due the Vendor of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and itsacceptance bythe City. 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 necessaryto completethework. 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 three (3) years after the termination of the Agreement. Copies shall be made available upon request. RFP No. 074-28211,45/UR 1 i u 1 1 P a g e 70 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, and other materials produced by the Vendor in connection with the services rendered under this Agreement shall be the property of the City. This section does not apply to any intellectual property, which shall remain the property of Vendor - 7. BILL2PAY PAYMENT PROCESSING SERVICES AGREEMENT. As previously stated, the Bill2Pay Payment Processing Services Agreement, which includes both the statement of work and pricing is attached and incorporated herein as Exhibit 1. The parties have reviewed the Bi112Pay Payment Processing Services Agreement and agree that it is not in conflict with any other contractual document, including this document. However, in the event of a conflict with any other contractual document, including this document, then the terms and conditions of the Bi112Pay Payment Processing Services Agreement and its exhibits shall control. a PAYNEARME SERVICE. PayNearMe, Inc. offers a web -based technology payment processing service to enable cash payments to be made at participating retailing locations. City shall have the option of utilizing such services but only upon execution of a Client Confirmation of Critical Terms of Service on the Cash Transaction Network MT agreement with PayNearMe, Inc., the form of which is attached as Exhibit 2. Q ONESOURCE PROCESSING AND PRODUCTION SERVICES. OneSource Holdings LLC offers processing and production services, including printing and mailing. City agrees to Vendor using OneSource Holdings LLC as a subcontractor for such services in accordance with the terms of the agreement attached and incorporated herein as Exhibit 3, which shall be executed contemporaneously with this Vendor Services Agreement. 1Q COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 11. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property directly occasioned by a negligent act, omission or failure of the Vendor. 12 INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with 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, and Vendor liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 13 INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an 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. BiII��Pay RFP No. 074.2321-5/11tTIlif 2 1 P a g e 71 14. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he 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. 15. 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. 1C ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 17. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for inthis Agreement shall not constitute a waiver of any other provision. 18. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving one hundred and eighty (180) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, ifthe City so chooses. 19t 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. 2a NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: David Graham, Co -President, Chief Marketing Officer Bill2Pay, LLC 9428 Baymeadows Rd, Ste 600 Jacksonville, FL 32256 21. 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. III I ofay 8,2P No 0" 4..,'282""t-5/KTIR 3 1 P a g e 72 The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section 119.071,Fla. Stat., the contractor shall: 1. Keep and maintain public records that ordinariiyand necessarily would be required by the City in orderto perform the service; 2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., oras otherwise provided by law; a Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency Failure of the contractor to comply with the provisions Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 22 INTEGRATED AGREEMENT. This agreement, together with its exhibits, 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. DATED thisof�,.r �M. .-. 2016. CITY OF BOYNTON BEACH . v "-.1 . Lori, LaVerriere City Manager Approved as to Form: ffice of the City tt rngi Vendor Title Attest/Authenticated: wu� Secretary KFP No. 0 4-2,g 'tV..5IIIt,TR, 4 1 P a g e 73 Client City of Boynton Beach Exhibit 1: Terms and Conditions Effective Date Initial Term End Date: AU6 iSt .. 2016 2019 This Payment Processing Services Agreement ("Agreement") is entered into as of the Effective Date by and between Bill2Pay LLC., ("Company") a Florida Corporation with offices in Jacksonville and Clearwater, Florida, and the above referenced Client, a Florida Municipality Company shall furnish the services, and implement the general product as set fod Statement of •rks which is incorporated herein and made a part of this Agreement, 2.1 FEES As consideration for the services set forth in Exhibit A — Statement of Work, Client shall pay the Company the fees according to the provisions contained in Exhibit B Pricing. 2.2 Pricing Changes The fees defined in Exhibit B are fixed for the initial thirty six (36) month term of the Agreement provided Client does not make a substantial change not in accordance with the service description set forth in Exhibit A. Substantial changes include, but are not limited to, initiating a change in the form of Client's customer payments, Automated Voice Response Systems (IVR), Web pages and links, operating procedures, invoices, account numbers, or any other similar changes. Should Client desire to make any such change, it shall give the Company at least thirty (30) days advance written notice. Client shall be responsible for any additional expenses incurred by Company. Credit processing rates and rules are not controlled by the Company and they may change without prior notice. If such rates increase Company will increase the electronic pricing structure outlined in Exhibit B to reflect such rate increase. In addition postage rates are not controlled by the Company and they may change without prior notice. If such rates increase Company will increase the print, bill presentment — OneSource pricing structure outlined in Exhibit B to reflect such rate increase. 2.3 Invoices Company will send Client a monthly invoice for all charges incurred. The invoices will also include detail for volumes and the number of transactions processed. Client shall pay invoices within forty-five (45) days of issue. Invoices not paid within forty-five days shall be charged interest which compounds daily. The interest rate shall be the lower of 18% simple interest, or the highest amount allowable under applicable law. This interest shall accrue from the issue date and shall continue until invoice is paid in full. In the event of a dispute regarding an invoice, the 45 day period of payment shall be abated until the resolution of the dispute, but only with respect to those particular items and their respective amounts in the invoice that are in dispute but only with respect to those particular items and their respective amounts in the invoice that are in dispute. Should Client object to any invoice or portion thereof then Client shall pay such invoice under protest. Invoices and detail will be sent to: Payment will be sent to: City of Boynton Beach Bill2Pay Attn: Barb Conboy — Utilities Customer 470014 Ave. North Relations Ste 106 P.O. Box 310 Clearwater, FL 33762 Boynton Beach, FL 33425-0310 RMF No. 074-2821-5/KTR 5 1 P a g e 74 2.4 Chargebacks and Offset Company may withhold from all payments or disbursements made to Client under this Agreement any amounts owed Company due to Client's customer's returned payments, chargebacks, and all other amounts owed by client to company. These amounts will include these amounts and applicable fees. In the event Company is not reimbursed for these amounts it will constitute a withholding of fees governed by paragraph 4.2 of this Agreement. 3.1 Initial Term This Agreement shall have an initial thirty-six (36) month term ending at midnight on 2019. 3.2 Renewal Options This term will be extended by written addendum for up to five successive one (1) year terms unless terminated by Company or Client, pursuant to the provisions contained in paragraph 4 — Termination. 4.1 Termination for Convenience Client may terminate this Agreement for convenience, without further obligation, upon one hundred and eighty (180) days written notice to the other party. 4.2 Termination for Cause Company or Client may terminate this Agreement, without further obligation, upon written notice to the other party if the other party breaches any material term of the Agreement and such breach remains uncured for thirty (30) days after receipt of said notice. Company may terminate this Agreement, without further obligation, upon written notice to the Client if the Client withholds, or does not pay, any fees claimed by Company. In such event the period to cure shall be seven (7) days after receipt of said notice. 5.1 Responsibility for the Data Company assumes no liability for loss of input payment data, checks or other information before such data is in possession of Company. Company does not guarantee any payment for goods or services provided by Client. Company shall not be liable for any consequential, special, exemplary, incidental or indirect damages. Company will reimburse Client for the recovery of overdraft fees charged to a Client customer as a direct result of a payment transaction error by Company. Company will further reimburse Client for any payments made by Client to Company which may be subsequently reversed for any reason. The term Company shall include all employees, directors and officers of Company as well as independent contractors hired by the Company to perform any part of the services to be furnished under this Agreement. Possession of the data by the Company first occurs when the items to be processed are delivered electronically and successfully stored by the Company's electronic payment application, or when items are delivered physically to Company's lockbox processing facility and ends when the information has been delivered to the Client's depository institution. Company ensures the protection and integrity of the data in its systems. Company maintains the following coverage: Worker's Compensation Insurance which shall fully comply with the statutory requirements of applicable state and federal laws. B11$Vay RFP No. 074.282111mm5III TR 6 1 P a g e 75 II. Employers' Liability Insurance with limits no lower than $500,000 per accident, $500,000 for disease per employee and $500,000 disease policy limits. III. Commercial General Liability Insurance with a minimum combined single limit of liability of $1,000,000 per occurrence per location and $2,000,000 aggregate for bodily injury and/or death and/or property damage and/or personal injury. This policy shall include products, completed operations coverage, and Broad Form Contractual Insurance specifically covering this Agreement. N. Fidelity Bond for coverage for the dishonest acts of its employees with a minimum amount of $1,000,000. 7.1 Contract Documents The following Contract Documents are incorporated into and made part of this Agreement. In the event of any conflict between the Contract Documents or any ambiguity, the following priority is hereby established: Signed Amendments to this Agreement II. This Payment Processing Services Agreement M. Exhibits to this Agreement: Exhibit A- Scope of Work, Exhibit B — Pricing, Exhibit 2- Confidential and Proprietary — PayNearMe — (option to be considered in the future), Exhibit 3 — OneSource Hold ings/Bi112Pay agreement Client has read and executed these exhibits. 7.2 Entire Agreement The Vendor Services Agreement together with this Agreement constitutes the entire agreement between the parties. No other representations have been made by either of the parties other than what has been set forth herein. This Agreement may only be amended by written amendment signed by both parties. All of the representations made by Company with respect to the provisions of the services are set forth in this Agreement and Client acknowledges that it has not relied upon any other statements Client acknowledges that it has not relied upon any other prior statements or negotiations. 7.3 Severability If any provision of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 7.4 Headings Section headings are only included for reference and convenience. They are not intended to define the scope of any provision and should not be used to construe or interpret this Agreement. y PlRI2 No. 074..2821-5KTR 7 1 P a g e 76 8.1 Notices Whenever, under this Agreement, one party is required to give notice to the other, such notice shall be deemed given, if mailed by United States mail, registered or certified mail, return receipt requested, postage prepaid and addressed as shown below. Either party may at any time change its address for notification purposes by mailing a notice stating the change and setting forth the new address. Client Bill2Pay LLC. City of Boynton Beach Bill2Pay Attn: Lori LaVerriere, City Manager 4700 140'h Ave. North P.O. Box 310 Ste 106 Boynton Beach, FL 33425-0310 Clearwater, FL 33762 8.2 Assignment No party may assign or transfer any of its rights or obligations under this contract without the prior written approval of the other party. 8.3 Primary Contacts for Informational Purposes Only Lori LaVerriere, City Manager Iris Kraft City of Boynton Beach Bill2Pay P.O. Box 310 4700 140'h Ave. North Boynton Beach, FL 33425-0310 Ste 106 Clearwater, FL 33762 Performance of these services will be provided in Company's facilities in either Clearwater or Jacksonville, Florida. Neither party shall be liable for damages for delay in Services should both of these facilities be unavailable due to causes beyond its control and without its fault or negligence. In the case of Company, Company shall within four (4) hours from the beginning of such delay, notify Client of the cause of delay and Company's contingency plan to cure such delay. These causes include, but are not limited to, acts of God, acts of public enemy, acts of the government, foreign or domestic terrorists, fires, floods, epidemics, strikes, labour disturbances, and freight embargoes. It will not including delays caused by subcontractors or suppliers. If a delay exceeds a total of five (5) days, Client may immediately with necessity of further notice, terminate this Agreement. Where Company is prevented from providing the Services due to a cause listed above, Company shall use its best efforts to resume Services as soon as such cause ends. 10.1 Mediation Prior to litigation, Company and Client agree that any dispute arising from or relating to this Agreement, shall be decided through mediation, which shall be held in Boynton Beach, Florida. 10.2 Choice of Law This Agreement shall be governed by the laws of the State of Florida. OFP No®. 074w 2821..'!1( IR 8 1 P a g e 77 10.3 Venue If for any reason the parties do not successfully mediate their dispute in accordance with subparagraph 10.1 the parties agree to Palm Beach County, Florida as the exclusive venue and jurisdiction for any dispute arising from or relating to this Agreement. 10.4 Waiver of Jury Trial Company and Client both waive any right to a jury trial for any dispute arising from or relating to this Agreement. In Witness whereof, the parties hereto have executed this Agreement as of the Effective Date by the undersigned officer's thereunto duly authorized. CLIENTCity ofBaynton Bach Sign: _—�_� Name: Lori Mh-r' riere Title: City Manager Date:wl",w ..i.� Bill2Pay LL Sign:, Name: Iris Kraft Title: Co — President, Chief Operations Date:`7�✓ ,) Ir"11/1 41 B111tWay RFP hllo, 074-2 2"1.-5/g,TR 9 1 P a g e 78 FICI IlResponsibill-tv I iriiii iiia Agreement e RFP N 1'1'24-282',11-5/III "111"R 10 1 P a g e 79 Bi112Pay, LLC (Service Provider) PCI Requirement Responsibility Client Responsibility 1: Install and maintain a firewall Limiting network access to and from Although not directly handling cardholder data, configuration to protect cardholder devices used within the Bill2Pay, LLC where applicable client is advised as best data online ordering platform to the most practices to maintain firewall configurations restrictive possible that protect internal networks and any data. 2: Do not use vendor -supplied Adhering to CIS -derived system Although not directly handling cardholder data, defaults for system passwords and hardening policies for all devices and where applicable client is advised as best other security parameters systems within the Bi112Pay, LLC online practices to not use vendor -supplied defaults ordering platform. or system passwords and other security parameters. 3: Protect stored cardholder data Securely storing (or not storing) Not applicable, client does not store cardholder data within the Bi112Pay, LLC cardholder data. platform in line with PCI Requirement 3. 4: Encrypt transmission of Requiring secure transmission of Although not directly handling cardholder data, cardholder data across open, public cardholder data into the Bi112Pay, LLC where applicable client is advised as best networks platform and sending data to payment practices to encrypt transmission of data gateways in the most secure manner regardless of type but especially sensitive supported. data. 5: Protect all systems against Regularly scanning Bi112Pay, LLC Although not directly handling cardholder data, malware and regularly update anti- platform servers for malware and client is advised as best practices to protect all virus software or programs viruses with up-to-date anti-virus i systems against malware and regularly software. update/maintain anti-virus software or Programs. 6: Develop and maintain secure Following secure development and Although not directly handling cardholder data, systems and applications change control procedures for all where applicable client is advised as best changes to Bill2pay, LLC platform practices to follow secure development, components and ensuring that all change control and patching processes. Bi112Pay, LLC platform components have the latest vendor -supplied security patches installed. 7: Restrict access to cardholder data Restricting access to cardholder data to Not applicable, by business need to know systems and parties authorized within Bil12Pay, partners or by client. 8: Identify and authenticate access Identifying and authenticating access to Although not directly handling cardholder data, to system components Bill2Pay, LLC controlled components in where applicable client is advised as best PCI scope. practices to identify and authenticate system components but especially sensitive data areas. 9: Restrict physical access to Restricting physical access to Bi112Pay, Not applicable. cardholder data LLC's platform to PCI level 1 hosting providers. 10: Track and monitor all access to Logging and monitoring all activity Although not directly handling cardholder data, network resources and cardholder occurring within the Bil12Pay, LLC where applicable client is advised as best data Platform I practices to track and monitor access to local network resources especially in areas where card scan devices may be installed. 11: Regularly test security systems Testing the security systems and Not applicable. and processes. processes for the Bill2Pay LLC card processing Platform. 12: Maintain a policy that addresses Maintaining security policies for all Although not directly handling cardholder data, information security for all personnel Bi112Pay, LLC employees and where applicable client is advised as best contractors practices to establish an information security policy for all personnel. RFP N 1'1'24-282',11-5/III "111"R 10 1 P a g e 79 Examples of BillVay's Responsibilities • Preventing credit card data from being intercepted in -transit between a client submitting credit card data and our platform servers. • Preventing credit card data stored or transmitted within our platform from being stolen by unauthorized parties. • Restricting access to sensitive data transmitted and stored by Bill2Pay's platform to only those with a business need. Examples of Client Responsibilities • Maintaining patched and updated malware tools supporting systems. • Regularly updating operating systems and applications installed • Security of third party developers or agencies that develop for client and may interface with Bill2Pay's platforms • Security of POS system(s) scanners and local environments that interface with Bill2Pay's platforms. Examples of End -User Responsibilities • Security of the device or browser being used to enter credit card data. For example, BiIl2Pay is not responsible for malicious browser plugins or key loggers. By this written agreement, known as the "PCI Responsibility Matrix and Agreement", BiIl2Pay provides acknowledgement that BiIl2Pay, the service provider, is responsible for the security of cardholder data it may possess or otherwise store, process or transmit on behalf of the Client, or to the extent that they could impact the security of the Client's cardholder data. The Client acknowledges and agrees to Bil12Pay's and its responsibilities in the above responsibility matrix. Init' I Here: Client Company PAPP' No,,, 074-2 2,1-51KI R 111 P a g e 80 lfIIIIIY ibis A -u Statement of Works 1. Print, Bill lDr sent urs Bill Presentment General Company agrees to accept a cycle billing file from the Client five business days per week. The billing file specification will be provided by the Client once the interface for bill printing has been specified. Company will accept daily off -cycle billing files for special cases such as customer final, reminder, and duplicate bills. Company will support multiple bill formats and the inclusion of multiple bill formats in one billing file. The Client may choose to bill for items other than water, wastewater, reclaimed, stormwater and refuse service. The type of bill will be specified in the billing file. The Client will work with the Company to design additional bill formats on an as -needed basis. Company must provide a web -based self -enrollment form that allows the Clients customers to select paper or electronic bill presentment. Company must provide a billing enrollment file back to the Client. At a minimum, this file should detail the billing option (paper/electronic) and billing date for each customer, together with customer identifier data (i.e., City account number). For Inserts, the Company will: a. Have a process for including custom inserts in both electronic and paper bills. b. Must be able to accept Clients approved inserts from third parties. c. Must be able to direct -bill third parties for costs associated with Client approved inserts. d. It is the Clients intent to have the capability to provide the Company with other City information that will be sent with the utility bills during the next cycle of bills. Upon receipt of the proposed insert, the Company shall include the insert with the billing cycle within three days and shall continue including the information until all billing cycles are complete. Company must have a process for handling cancel bill or cancel/rebill scenarios. Company must provide real-time bill reprint capability to the Client, preferably via web interface. Bill reprint via the Company's functionality must appear identical to a bill reprinted by the Client directly from the CIS. Bill Presentment Paper Company must print and mail all non -electronic bills within one (1) business day of receipt of the billing file. OCR: Company must provide OCR printing for remittance stubs as necessary to meet the Clients requirements. The scan line may contain up to forty-eight (48) characters, printed in standard OCR -B font. Company must provide bar code printing on bills as necessary using standard bar code formats to meet Clients requirements. Company must provide multi -page bill printing up to an unlimited number of pages and handle envelope/mailing differences while obtaining USPS best -rates. Company must provide for pulling or suppression of printing as required/requested by the City. Addresses: Company must provide address correction and encoding (ACE), presort, and barcode capabilities. Company's system must be CASS certified. Company must provide the City with a CASS-certified database update in ASCII file format on a quarterly basis; also provide cost difference for monthly update. Mailing: Company must mail customer bills via First Class mail. Envelopes shall not bear post (or other) marks indicating origin outside of the United States. It is the Clients preference for the post mark to indicate origin within the State of Florida but it is not a requirement and the City does not want additional cost for this preference. Forms design: Company must provide forms design services and expertise necessary to accommodate the Clients bill formats (to be determined). Specific per -page design requirements include: a. One micro -perforations b. Full color printing to include the City's logo colors. c. Duplex printing Materials: Company must supply and store all material needed for bill printing and mailing. Any necessary pre-printing of materials shall be the responsibility of the Company. l fRFP No. 074-2821-5tKTR 12 1 P a g e 81 Bill Presentment Electronic Company must present all bills on the web. Company must email all electronic bill customers that a new bill is available within one (1) business days of receipt of the billing file. RF? No. 074,.,282,'I,,-!S/K,rR 13 1 Page 82 11. Payment ProcessingHI I ockbox Bi112Pay agrees to provide remittance processing and other enumerated related services for the City of Boynton Beach in accordance with the procedures listed below. 1. Post Office Box: A Post Office caller service box will be opened by Client at the Tampa Regional Airport Post Office facility in Tampa, Florida. The actual post office box will be in the name of and owned by Client and Client will grant Bill2Pay exclusive use of the post office box for the term that this Agreement is in effect. Bi112Pay will pay for the cost of the lockbox at the Tampa Airport and pass through the cost to the Client on an annual basis. Mail addressed to the box will be picked up each Bi112PayCompany business day (Monday through Saturday), opened and the envelope contents reviewed and processed in accordance with the terms of the Agreement. 2. Mail Processing: Bi112Pay will open all mail and prepare the remittance coupons and payment checks for processing. Bi112Pay will not process those items documented in the Client Information Sheet as not to be processed. Unless otherwise agreed upon, all processed checks will be endorsed "For Deposit Only" to the client bank and client bank account. 3. Authorization: Client has designated their demand deposit account(s) to be used by Bi112Pay for lockbox deposits and adjustments hereunder. The funds associated with the Client will be deposited into the demand deposit account on the date that such checks and remittance coupons are processed by Bi112Pay, or the next business banking day when such items are processed on a Saturday, Sunday or holiday. 4. Data Transmission: Bi112Pay will transmit payment files once daily at a mutually agreed upon time. Each file with be verified and double-checked before transmittal, and email notifications will be sent to Client notifying that the payment file has been sent. 5. Exception Checks: Images of exception checks will be hosted daily on the Bi112Pay secure web portal for review by the Client. The Client will provide posting information back to Bill2Pay 6. Online Banking Payments: Bi112Pay has the ability to receive, on behalf of the Client, online banking payments in electronic format. 7. Blocked Accounts: Bil12Pay will accept a file from the Client that provides account numbers for blocked accounts - accounts that cannot accept a check for payment. 8. Delivery: Bill2Pay will deliver via overnight express or image pdf file to be received by Client on the following business day after the mail has been processed: customer notes and/or correspondence received with or without a payment, address changes, payments not to be processed, lockbox reports, deposit information and balancing detail. 9. Record Retention: Bi112Pay will provide real-time electronic access to images of processed checks, and check stubs as they are uploaded to the database. Bi112Pay will maintain an image record of all checks and coupons, which are processed by Bi112Pay, for a period of one (1) year. 10. Payment Amount Discrepancy: If the handwritten amount on a payment differs from the numeric amount, the amount, which agrees to the invoice amount due, will be accepted. 11. Client Changes: Client will notify Bi112Pay at least sixty (60) days in advance of any change in the form of its customer payments, invoices, and envelopes or in the regular monthly mailing schedule of such documents. RFP No. 074-2 21-5[lKIR 14 1 Page 83 111.PayFnent Processing B1111121Pay Electronic Bi112Pay shall provide a payment system to Boynton Beach that will allow the client to take credit/debit card and E - Check (ACH) transactions for its end users. Bi112Pay's payment channels include our Point of Sale (POS), Online, Interactive Voice Response (IVR), and Mobile Payment Solutions. The POS solution is part of our Client Administration Tool, which is necessary to have in order to take walk up / face to face, online, or IVR payments. 1. Client Administration Tool: A simple -to -use web based system that allows for managing end users credit/debit and E -Check payment transactions. Client will be provided with a secure web link. The Client Administration Tool is a self -managed application and has the following features built in: Real -Time Reports: All payment transactions are recorded in real-time into our reports. The daily reconciliation and payment transaction reports are two ad hoc reports, which the client can create on demand. The payment report is used for managing the payment transactions and the transaction reconciliation report will match to the penny to our client's bank deposits. Both reports can be exported into CSV and PDF formats. • Point -Of -Sale (POS) Solution: The POS Solution gives the client the ability to take credit/debit and E - Checks (ACH) payments for walk-in or phone-in payments. Once the credit/debit card or E -Check (ACH) transaction is approved, the payment will be recorded in Bi112Pay's reports in the Administration Tool in real-time. Note: If a phone a -Check (ACH) payment is taken by the client, the conversation needs to be recorded. • User Level and Office Manager: The Client Administration Tool lets the client set up different user level rights. It is also possible to set up different offices/payment locations within the system. • Payments Search: The Systems Payment Search function lets the client specify different search criteria to find a particular payment transaction. • Other Functions: The client will have the ability to void/return payments, and print duplicate receipts. 2. Online Solution: Online payments solutions allow the client's end users to make a credit/debit card and/or a -Check (ACH) payment online via the company's secure payment website link. The payments can be made on time or can be set up to be, automated, or scheduled. The payment website link will be hosted by the company and branded to the client's website to give the payments web links the look and feel of the client's website. The Web payments page clearly states that the processing (convenience) fee for credit/debit card is being applied by a third party, Bi112Pay, not the Client. Once the credit/debit card or e -Check (ACH) transaction is approved, the online payment will be recorded in Bi112Pay's reports in the Administration Tool in real-time. The Web payments page clearly states how customer information is handled (i.e. for customer authorized payment transactions only, and for no other purpose). Implementation and Data File integration charges may apply as outlined in the Pricing Sheet in Exhibit A. 3. IVR (Interactive Voice Response) Solution: The client will be provided with a toll free phone number that is available 24 hours a day, seven days a week, 365 days a year. A mutually acceptable maintenance schedule for hardware and software supporting the IVR unit will be published to the Client. The IVR will accept credit/debit and E -Check (ACH) payments. The IVR will inform the customer that the processing (convenience) fee for credit/debit card is being applied by a third party, Bi112Pay, not the Client. After the caller has keyed the requested information, the caller is given a voice confirmation number. Once the credit/debit card or E -Check (ACH) transaction is approved, the IVR payment will be recorded in Bi112Pay's reports in the Administration Tool in real-time. The IVR unit may accommodate both English and Spanish speakers and may include other language options mutually agreed to by the Client and Company at current fee rates. 4. Mobile App: The Client will be provided with a mobile app that will be available for download in the Android and Apple store. Payments through the mobile app will allow the client's end users to make a credit/debit card and/or E -Check (ACH) one-time payment. The mobile app will be hosted and maintained by the company and will include the clients logo in the mobile app. The mobile app payments page shows the processing (convenience) fee for credit/debit card and E -Check (ACH) payments as a separate line item. Once the credit/debit card or E -Check (ACH) transaction is approved, the mobile app payment will be recorded in Bi112Pay's reports in the Administration Tool in real-time. III RFP No. 74®2321-5 ltTR 15 1 Page 84 5. Cash Payments: Company will use PayNearMe retail affiliates 7Eleven, Family Dollar, or Ace Cash Express to accept cash payments. 6. Client Training and System Support: • Bill2Pay will train the client at no cost on how to use the Bi112Pay system via online web sharing training tools or in person. • The Client will be provided with an account representative that will be available to the client during client's normal business hours. The client will be provided with an after hour support number and e-mail address. • Bi112Pay's Call Center to answer customer payments questions is open Monday through Friday from 9 am to 6 pm EST. It will be closed during major holidays such as President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving, Christmas and New Year's. 7. Systems Testing: Upon execution of the contract, the Parties shall begin implementation activities that include a thorough testing regimen to confirm that Bi112Pay and Boynton Beach are prepared to accept and accurately process all transmissions. 8. Other Items: • Boynton Beach is responsible for all Chargebacks and Returned E -Check (ACH) transactions. The client shall immediately reimburse all Chargebacks/Returned e -Checks (ACH), including through netting out the Chargeback/ Returned a -Check (ACH) amount from the next deposit, regardless of the ultimate resolution. • If required by the credit card organizations, client will enter into all applicable Merchant Card Agreements and fully adhere to the rules, regulations and operating procedures of the various Card organizations, including without limitation, with respect to the use of specific Card logos and marks. • If the funds are available and not subject to reversal, the Bill2Pay will transfer the monies collected into the Boynton Beach bank account within two business days following the midnight of the day the funds are deposited with Company. The two business days funding option is only available if no American Express Credit Cards are accepted. If American Express Credit Card transactions are accepted the Company will transfer the monies collected into the BOYNTON BEACH's bank account within three business days following the midnight of the day the funds are deposited with Bi112Pay. • Data transmissions must be compatible with the BOYNTON BEACH's accounts receivable application; Bi112Pay's payments processing systems and Data transmissions must be compliant and compatible with any applicable Health Insurance Portability and Accountability Act (HIPAA) provisions, PCI provisions, and Red Flag compliant. • Bi112Pay ensures the integrity and protection of the data in its systems. • Boynton Beach will ensure that terminated client's employee's user account will be deactivated or deleted in Bi112Pay's system upon client's employee's termination. Initl ere: Client Company RRP No. 07 -2 2"t-5/x;'im 16 1 P a g e 85 Timeline with Deliverables: The goal of the Client is to be live by October 1„ 2016. • Project kickoff - by 7/1 • Requirements - by 7/31 • Electronic payments: Profile/Web, Counter, Call Center, and Mobile App for user acceptance testing and approval by 9/1 (includes SunGard integration) • Bill Print — bills for QA by 9/15 • Lockbox Implementation by 9/15 • July 1 - formal kick off with client to outline project and introduce people involved on both sides o Mid July Boynton beach presented with bill design options, and test files from SunGard requested o By end of July OneSource and Bi112Pay have specked out all interfaces needed including return paths etc. o By August 1st bill design locked in, and materials agreed upon and ordered o Coding done in August o Sept 1, testing begins o Bills generated for QA Sept. 15tH • IVR payments: by 9/15 • Bill Presentment & Statement notifications by 9/15 (includes integration with print vendor) • PayNearMe - we recommend that we implement PNM after go live date TBD with both parties during implementation • Joint go/no-go decision — 9/20 • Production readiness for all payments and bills by 9/23 Project Approach and Work Phases • Key stakeholders will be identified • Key stakeholder responsibilities will be clearly delineated • Bi112Pay will identify information needs and set timelines/deadlines to ensure project is not delayed • Bi112Pay will hold Sungard to schedule for implementation • Bill 2Pay will request City assistance at the earliest point in ensure Sungard performance to meet October 1 goal. • Bil12Pay will perform rigorous testing and validation of all processes and involve the City and Sungard to • ensure on time implementation. 'P No. 072821-5/Ik;rR 17 1 P a g e 86 Major Milestones and Deliverables Milestones and deliverables include: • Committee identification • Project work plan • Bill presentment design • Finalized administrative rules for database access — information in and out • Draft solution acceptance criteria for database, online and IVR • Final solution acceptance criteria for database, online and IVR • Design, application architecture, data model and operations and support process • Testing approach and approved implementation approach • Work phases for configuration and testing * Implementation plan • Validation testing • Training approach and schedule • Acceptance plan • Deployment plan • On-going training, help desk, programming, production performance • Future implementation of PayNearMe and possible Kiosk solution Project Communication Plan Methods of communication: • e-mail * conference call • individual call • on-site Weekly communications • status of project • road blocks • solutions • next steps B11T$,4P"'ay II PF No. .P' 821-5[KTR 18 1 P a g e 87 III i 6i Riiriui iiia iin 1. Ill iiirfii ° 11BU111 Presentment Customer Bill Presentment Residential bill print Each $0.12 25,000 $36,000 annual) Commercial bill print Each $0.16 5,000 $9,600 annual) Self Seal Postcard print** Each $0.12 30,000 $36,000 annual) Letter print -1 page" Each $0,12 35,000 $8,400 annual) Letter print - 2 pages * Each $0.16 35,000 $11,200 annual) Insert print - each page* Each $0.03 35,000 $2,100 annual) Residential bill presentment Each Free 125,000 Free Commercial bili presentment Each Free 5,000 Free Letter presentment - 1 page* Each Free 35,000 Free Letter presentment - 2 page*s Each Free 35,000 Free Insert Supplied INSERT* :Each $0.005 35,000 $700 annual) Insert Printed INSERT* Each Free 35,000 Free Self Sealed Postcard** Each $0.12 30,000 $36,000 annual) Postage for Sealed Postcard** Each $0.26 30,000 $93,600 annual) Postage for Residential Bill Each $0.391 25,000 $117,300 annual) Postage for Commercial Bill Each $0.391 5,000 $23,460 annual) Postage for Letters - 1 page * Each $0.391 35,000 $27,370 annual) Postage for Letters - 2 pages* Each $0„391 35,000 $27;370 annual) Bill Image storage Each $1,500 1 $1,500 annual) eBill Notification Each Free 5,000 Free Bill Design Consultation and Changes (cost per hour) Hourly Free 20 Free Additional cost for presenting bills and letters in Spanish Each Free 2,500 1 1 Free 19 :: Retail Lockbox Processinq Exact Payment Each .27 11,200 3024.00 Non -Exact Payment Each 27 1,400 378.00 ,Returns/Correspondence Each .27 20 5.40 Checks Only Each 27 1420 NIA 113.40 Multiples Each .27 ;960 N/A 259.20 Online Image Access Each N/C N/A I N/C Interactive Exceptions Each N/C N/A N/C ICL Fee Check Conversion Each N/C N/A N/C Third Party Electronic Each .06 3000 180.00 Cash Payment Each 3.25 1 1.25 Client Bag Delivery Each N/C (if electronic delivery) N/A N/C Annual P.O. Box Fee Each Pass through 1 Pass through Data Transmission Each N/C N/A N/C Contract n mumMonthly Lump Sum 2500.00 1 2500.00 Implementation Fee JLump Sum I N/C N/A N/C All pricing for electronic payments is subject to increase under section 3 of the Agreement. Other Processinq Fees 7neation to SunGuard Lump Sum N/C N/A N/C evelopment Cost Lump Sum NIC N/A N/C inute Charges Each N/C N/A N/C Other IVR Charges Lump Sum N/C NIA N/C Custom Programming Charge Hourly Rate N/C N/A N/C Hardware Cost — Card Reader Each N/C N/A N/C Maintenance Cost — Card ;Reader Each N/C N/A N/C Monthly File Maintenance Lump Sum N/C N/A N/C Chargeback Fee Each N/C N/A N/C NSF Fee JEach N/C N/A N/C 20 Additional Electronic Processinq Fees 21 90 CONFIDENTIAL AND PROPRIETARY Schedule 1 - Client Confirmation of Critical Terms of Service on the Cash Transaction Network MT Under a Payment Processing Agreement between us and PayNearMe, Inc. (the "Agreement"), PayNearMe will, through us, provide a web -based technology merchant payment processing service and supporting network infrastructure (the "Cash Transaction Network") to enable cash payments to you at participating 7 -Eleven, Family Dollar and ACE Cash Express stores and other payment locations to be announced in the future. More information may be found at w,paynearme.com. We have agreed to the following PayNearMe terms of service on your behalf, and the Agreement also requires that all payment recipients and payees ("you") expressly confirm them. You agree: (i) that PayNearMe and its payment locations are authorized to receive cash payments for you pursuant to the Agreement (i.e., act as agents for the limited purpose of receiving payments). (ii) that PayNearMe will remit these payments to us or directly to you, as we so instruct PayNearMe, less the PayNearMe and payment location commissions as well as any applicable transaction taxes that PayNearMe or the payment location is obliged to withhold and remit to authorities. (iii) that we may share such information with PayNearMe as may be necessary in our discretion to enable PayNearMe to perform its services pursuant to the Agreement. (iv) that receipt of funds by a payment location on your behalf from any person using the Cash Transaction Network ("user") is deemed receipt of funds by you and will satisfy the obligations owed to you in the amount of the applicable payment by the user, even if PayNearMe or we fail to remit such funds to you. (Instead, your recourse is to us, we would look to PayNearMe and soon). The receipt issued by the payment location will identify you as the recipient of the payment and may identify us as well. In this way the user is not at risk of having to pay twice. You agree that you have no (and shall not assert any) claim for payment against any user after receipt of user funds by a payment location and will not otherwise allow or take any action or fail to take any action adverse to user in connection with such payment. (v) that either we or PayNearMe can elect to suspend the initiation of new payment transactions at our reasonable discretion, until such time as we and PayNearMe agree to resume processing. (vi) that you will reasonably cooperate with PayNearMe and us in good faith to minimize fraud/theft/abuse/illegality in the use the Cash Transaction Network and during the term of the Agreement and for a reasonable time thereafter, you will promptly respond to reasonable requests in this regard for information concerning payments. (vii) that PayNearMe is free to encourage Network users making payments to you to also use the Network to make payments to third parties or to avail themselves of any related PayNearMe offerings in the future, subject to a customary to opt outs, PayNearMe's privacy policy and appliable law. (viii) that you will determine whether any taxes or other charges should be included in the payment made by the user and will remit as required by law. (ix) that when you integrate PayNearMe as a payment alternative on your website, you will obtain PayNearMe's prior approval of such webflows and that you will not modify any HTML code provided by PayNearMe at its election via the PayNearMe application programming interface for the purpose of constructing the PayNearMe slip with your own site or flow. (x) that you will comply i) with any applicable provisions of the Dodd -Frank Wall Street Reform and Consumer Protection Act, undertaking in particular not to commit unfair, deceptive, or abusive acts or practices as prescribed by the Consumer Financial Protection Bureau; ii) with any applicable provisions of the Gramm -Leach -Bliley Act, undertaking in particular to properly safeguard consumer information as described in the Safeguards Rule promulgated by the Federal Trade Commission; and (iii) with any applicable provisions of the Truth in Lending Act and related regulations enforced by the Consumer Financial Protection Bureau in its authority under the Dodd -Frank Wall Street Reform and Consumer Protection Act. In the event of any inconsistency between this confirmation and the Agreement, then the Agreement provision will govern. Agreed: City of Boynton Beach (enter name of Client/print name/title of signatory and date -- thank you) 22 91 I HI This AGREEMENT, is made and entered into effective this day of May 2016, by and between OneSource Holdings LLC herein called "OneSource", located at 900 Asbury Drive, Buffalo Grove IL, 60089 and Bill2Payherein called the "Client", located at at Clearwater, Florida . OneSource understands that it is acting as a subcontractor for Client with respect to certain services to be provided by Client to the City of Boynton Beach, Florida under an agreement dated May 2016. NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties agree to as follows: TERM: This Agreement shall have an initial term of three (3) years, beginning on the first day of live service production. Live service production is scheduled to begin on 2016. That this Agreement shall optionally renew, subject to Client's acceptance, for five additional terms of one (1) year at the expiration of either the initial term or subsequent renewals. The Client reserves the right to terminate this agreement at any time without further obligation by Client giving one hundred and eighty (180) days written notice to OneSource. DESCRIPTION OF ONESOURCE SERVICES: Under this agreement, OneSource will produce and distribute the mail generated as a result of Client's agreement with the City of Boynton Beach, Florida, which services are more particularly described as follows: • Processing of data for proper statement formatting, printing, inserting and delivery distribution requirements. • CASS (Coding Accuracy Support System) Certification of all requested mailing names. • Specific related job program development, maintenance and backup to support print and mail application. • High-speed simplex and duplex laser printing and "full color" printing. • Forms design, development and support. • Billing of all materials and services. • Image files for viewing of printed documents. Scope: OneSource will provide a turnkey solution for print and mail services required by Client as it relates to their bill processing pursuant to Client's agreement with the City of Boynton Beach, Florida. Description of Application Approximate Volume Frequency/Cycle Transmission Dates 1)INSERT 2) 3) Service Level Agreement Mail Services SLA 23 92 Data is to be prepared for OneSource in the agreed format and transmitted to the designated OneSource Output Center no later than 10:00 AM. ET/9:00 a.m. CT, on each of the cycle processing dates. If the data is erroneous or is not prepared in the agreed format, a fee equal to the data processing charge may be assessed on the part of OneSource. Services are to be completed and delivered into the U.S. Postal Distribution System no later than the next business day from successful receipt of data (this excludes delays associated with: Acts of God, processing errors not the fault of OneSource, transmission errors.) Details of OneSource pricing categories INITIAL PROGRAMMING Initial programming setup Communication setup Materials setup fees Custom #10 Envelope Custom #9 Envelope MATERIAL EXPENSES: Paper Stock: 20# 8.5x11 white N/C per hour N/C one time $300.00 $300.00 standard included Other standard included Envelopes: #10 Outgoing envelope (one or two color) standard included #9 Business return envelope (one or two color) standard included All material and supply prices are subject to change at any time due to increased material expenses that may be passed on to OneSource. Prices for these supplies and documentation of the increase will be presented to Client for review and approval and approval will not be unreasonably withheld. Upon Agreement expiration or cancellation, any materials that have been purchased or acquired and have not been used in the normal course of PRODUCTION EXPENSES FOR STATEMENTS Duplex Document Processing — First Page $0.0000 each Processing Full Color printing Insertion Duplex additional pages $0.0000 each Processing Full Color Printing 93 Insertion DocView Image files per image Intelligent Mail Bar Code Integration $0.0025 each Postage Sortation: Qualifying mail $0.0025 Non -Qualifying mail $0.0025 OTHER PROCESSING EXPENSES: Provide Data on CD -R Media Electronic Householding $0.01 (Integration of late notices, letters, etc. within invoices) Programming, Forms, Letters & Queries Standard New Forms Creation (after initial client setup) (Excluding Additional Programming to Implement) Digitized Logo's & Signatures Electronically provided (Furnished in ComTec Format) Digitized Logo's Creation & Signature Scanning Storage of Historical Bills Report packages FINISHING EXPENSES: Shrink Wrapping or Special Packaging Special Cutting, Trimming or Drilling Off-line Folding Handwork & Manual Insertion Disposal of Client Stocked Materials Freight, Courier & Air Delivery PREPAID EXPENSES: $150 per event per image processed $150.00 per hour (1 hour min) $300.00 per form $150 per item $350.00 per item $0.005 per image $25 per report $2.00 per package $50.00 per 1000 $50.00 per 1000 $30.00 per hour (1 hour min) $2.00 per M Cost Plus 25% All pre -paid expenses are to be provided via check or wire transfer in advance from Client. OneSource reserves the right to hold any and all mail if proper advance payment is not made. Client's advance payment should reflect enough postage monies to cover 45 days estimated postage expense at all times. Estimated pre -paid expense payment at this time is . This prepayment must be received at OneSource's office no later than ten days before production begins. In the event that the US Post Office increases postage fee's or an additional expense is incurred by OneSource additional expense may be passed on to the Client on an at cost basis. 25 94 ADDITIONAL AGREEMENT TERMS AND CONDITIONS: 1. Client agrees that during the term of this agreement Client expects the mailing volumes from the City of Boynton Beach will beof approximately INSERT on a monthly basis.. 2. All material prices are subject to change due to material expenses that may be passed on to OneSource by the manufacturers. Prices for these materials and original documentation of the increase will be presented to client for review and approval; such approval will not be unreasonably withheld. 3. Invoices will be rendered weekly. Payments for all services provided by OneSource due net 30 days from the billing date. Invoices not paid by 60 days (60) days shall be charged a rate of interest of one (1%) per month. Please note our payment address as follows: OneSource, 900 Asbury Drive, Buffalo Grove, IL 60089. 4. All applicable taxes, fees, levies imposts, duties, withholding or other charges, exclusive of those relating to OneSource's net income, (including any interest and penalty thereon) arising from the provision of the Services herein are to be paid by the Client. Client will indemnify and hold harmless from and against any liability for such taxes, fees, levies, imposts, duties, withholding or other charges, exclusive of those relating to OneSource's net income, (including any interest and penalty thereon) arising from the provision of the Services described herein. 5. The Client agrees that should termination of this agreement be requested by Client other than for cause or due to a termination at any time without further obligation by Client giving one hundred and eighty (180) days written notice to OneSource, then a cancellation penalty of 3 months of the projected monthly billing fees based on the average of the previous three months less postage on the balance of the agreement shall be levied. In addition, any unused materials purchased on behalf of Client will be billed to Client. 7. All computer software developed and/or utilized by OneSource in conjunction with OneSource's service, whether or not Client has been charged for such software, and all updates, modifications, enhancements and derivative works of such software and all copies thereof shall be and remain owned by and the sole property of OneSource; provided however, that software provided to OneSource by Client and developed for Client by a third party, where title to such software vests in Client or is licensed to Client shall remain the property of Client. 8. Neither party shall be held responsible for any delay or failure in performance for causes beyond its reasonable control, including without limitation, acts of God, strikes, lockouts, riots, and acts of war, epidemics, governmental regulations imposed after the fact, fire, power failure, earthquakes or other disasters natural or otherwise. 9. OneSource will treat as confidential all Client and City of Boynton Beach information and will make the same effort to safeguard such information as it does in protecting its own proprietary data. Client and City of Boynton Beach data stored at OneSource shall remain the exclusive property of Client and City of Boynton Beach. OneSource will not reproduce, copy, duplicate, disclose, or in anyway treat the information supplied by Client and City of Boynton Beach in any manner except as provided for in this Agreement. Upon termination of this Agreement and payment to OneSource for services rendered and goods provided to OneSource through the date of termination, OneSource will deliver to Client all Client- and City of Boynton Beach owned forms, materials, media, microfilm/microfiche and printed materials which were produced pursuant to this Agreement and which are then in the possession of OneSource. 26 95 10. Liability on the part of OneSource for loss, destruction or damage by breakage, leakage, theft or accidental causes shall be limited to replacement with equivalent media and reprocessing of any microfilm/microfiche or printed materials lost or destroyed, at no additional charge to Client. Client is responsible for maintaining proper backup of source material sent to OneSource until OneSource has returned the original media. OneSource shall have no liability for damages resulting or claimed to have resulted from erroneous or incomplete completion, processing or transmission of information or data. In no event shall OneSource be liable to Client for indirect, incidental, special, or consequential damages (including without limitation, liability of Client to third parties, except for the City of Boynton Beach), arising out of this agreement. In no event shall OneSource's liability exceed an amount equal to two times the average monthly amount which has been paid to OneSource for processing and providing applicable services thereunder for the immediately proceeding eight (8) months or, with respect to goods and supplies, the price paid to OneSource for the particular good and/or supplies involved. 11. EXPRESS DISCLAIMER OF WARRANTIES, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES HEREIN SET FORTH, NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE MADE BY ONESOURCE FOR ANY SERVICES PERFORMED OR PRODUCTS PROVIDED HEREUNDER. 12. All notices given HEREUNDER shall be in writing and shall be sent by certified mail prepaid to the parties at the addresses set forth on this document hereof, or to such other addresses of which either party may give by written notice. Notice shall be effective upon receipt. 13. All costs and expenses, including reasonable attorney's fees, incurred by the prevailing party in order to remedy any breach of this contract shall be borne by the losing party. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties hereto and shall be enforceable as though such invalid or unenforceable provision were not contained herein. 15. The parties agree that, any disputes under this agreement are to be resolved by the courts of the Boynton Beach. Florida. 16. This constitutes the entire agreement between the parties; any verbal representations not contained in this agreement are null and void. Any and all changes to this Agreement must be in writing. Bi112Pay, LLC OneSource 1 J, Tim Carlson Print Name: r s- President Title: /-9/1 ev, M c Date: Date: 7-21-2-616 27 96 FIRST AMENDMENT TO VENDOR SERVICES AGREEMENT BETWEEN BILL2PAY, LLC AND THE CITY OF BOYNTON BEACH THIS FIRST AMENDMENT entered into this 1. °qday of .,. 2017, by and between: THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with a business address at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, (hereinafter referred to as "CITY") and BILL2PAY, LLC, with a business address of 9428 Baymeadows Rd, Suite 600, Jacksonville, Florida 32256, (hereinafter referred to as "VENDOR"). WITNESSETH: WHEREAS, the parties hereto entered into an Agreement on August 1, 2016 to provide complete back office services to produce paper and electronic utility bills, distribute those bills through mail or electronic services, provide payment options for customers including lockbox services with a Florida mailing address and provide staff a web based portal ("Agreement"); and, WHERFAS, the.Agreement will expire on July 31, 2019, and the parties desire to amend the Scope of Services to include additional language. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the City and Vendor agree as follows: 1. That the Agreement dated August 1, 2016, SECTION 2 "SCOPE OF SERVICES" is amended to include the following language: Vendor agrees to perform the sezvices as outlined in RFP No. #074-2821-15/KTR and incorporated herein: "Section 2 -Project Information and Scope of Services and Section 3 - Technical Requirements" as responded to in the October 12, 2015 proposal of Vendor both of which are incorporated herein. Vendor's response shall supersede the Scope of Services alid Technical Requirements found in the City's RFP, including with respect to Vendor's response regarding section 3.2.4 Electronic Bill Presentment General. The City may also be interested in additional services at a later date to include invoice printing, web presentment and electronic payment options meeting the same or similar requirements listed in this RFP for other City services including but not limited to public safety fees and fines, building department fees, parks and recreation fees, and other government activities based on vendor's quotations for the additional services. C:\Users\StanzioneT\AppDatalLocalWicrosoft\Windows\Temporary Internet Files\Content.iF-5\SAINOEVN\Amendment_to_Bill2Pay.doc 97 2: In the event of a conflict between the Agreement and this First Amendment, this First Amendment shall control. 3. All terms and conditions of the Agreement, First Amendment and Exhibits thereto which are not inconsistent herewith remain in full force and effect. WITNESSETH: ATTEST: CITY OF OYNTON BEACH C" y Clerk City Manager C:\Use:s\StanzioneT\AppData\L.oca1\Microsoft\WindowslTemporary Internet Fiies\Content.lE5\SAI'NOEVN\Arnendment_to_Bi112Pay.doc 98 APPROVE AS wORM AND LEGAL FI IEN"CY By.—� City Mtorney By. 1 BILL2PAY, LLC TITLE DATE: C:\Users\Stanzionel)AppDatalLocal\Microsoft\Windows\"i'emporary Internet FiieslContent.IE5\SATNOEVN\Amendment_to_Bi112Pay.doc 99 The City of Bounton Beach Finance/Procurement Services 100 E Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 April 12, 2023 RFP: BILL PRINTING, MAILING AND ELECTRONIC BILL PRESENTMENT AND PAYMENT RFP No.: 074-2821-15/KTR Agreement between the City of Boynton Beach and Bi112Pay, LLC. AGREEMENT RENEWAL TERM: AUGUST 1, 2023 through JULY 31, 2024 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Bi112113ay, LLC. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE E -MAI L NA URE V (1)r__ ()1_1�_"+T_2 r1_) TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 6.D Consent Agenda 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Resolution No. R23-088- Watershed Management Plan subrecipient grant agreement time extension. Requested Action by Commission: Approve and authorize the Mayor to sign Modification No. One to extend the Subrecipient Grant Agreement No. H0861 with Florida Division of Emergency Management (FDEM) Hazard Mitigation Grant Program (HMGP) for the City's Watershed Management Plan to September 30, 2024. Explanation of Request: The Community Rating System (CRS) is a voluntary program under the Federal Emergency Management Agency (FEMA) allowing communities to earn flood insurance discounts of up to 45%. Under FEMA's National Flood Insurance Program (NFIP), cities and non -incorporated areas can earn points for conducting floodplain management activities that surpass the minimum NFIP requirements. The Watershed Planning Initiative (WPI) is federally funded through the Hazard Mitigation Grant Program (HMGP) and administered by the Florida Division of Emergency Management (FDEM) to assist Florida communities to improve CRS Class ranking, which in turn reduces National Flood Insurance rates for Florida residents and enhances mitigation practices in communities that are vulnerable to flood risks. On June 16, 2022, the City submitted an application for funding to prepare a Watershed Master Plan (WMP), coordinating with FEMA reviewers to ensure acceptance and approval of the Master Plan documents to fulfill CRS Class 4 requirements. Federal funding in the amount of $246,832.50 was awarded to the City under Grant Agreement No. H0861. Resolution R22- 169 was approved by the Commission. FDEM Executed Contract Agreement No. H0861 dated December 1, 2022 provides a period of performance (POP) ending on September 30, 2023, which leaves the City with insufficient time to accomplish the goals and objectives of the WMP. Consequently, a period of performance extension of 12 -months has been granted to the City. How will this affect city programs or services? The City of Boynton Beach is currently a CRS Class 5 community, allowing residents to get up to 25% discount on flood insurance policies. Importantly, CRS Class 5 communities cannot progress to a CRS Class 4 ranking without the creation and adoption of a Watershed Master Plan. Completion of the Watershed Master Plan will provide one of the pre -requisites for the 101 City to achieve a CRS Class 4 ranking, which will increase the flood insurance discount from 25% to 30% for property and business owners in the City. In addition, this project will provide a detailed understanding of how the City's storm water system will operate under flood conditions, enhancing the City's ability to mitigate flooding and build resilience to sea level rise and climate change. Fiscal Impact: Completion of the Watershed Master Plan will provide one of the pre -requisites for the City to achieve a CRS Class 4 ranking, which will increase the flood insurance discount from 25% to 30% for property and business owners in the City. Attachments: R23-088 Approve _Extension_to_Hazard_Mitigation_Program_grant_Watershed_Management_Plan_2 _Reso. pdf 4337 -004 -Pg Mod #1- Subrecipient Signature 6-26-2023.pdf 4337 -4 -Pg -City of Boynton Beach -Executed Contract (12-2-22).pdf 102 1 RESOLUTIONNO. R23-088 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN MODIFICATION 5 NO. ONE TO EXTEND THE SUBRECIPIENT GRANT AGREEMENT NO. 6 H0861 WITH FLORIDA DIVISION OF EMERGENCY MANAGEMENT 7 (FDEM) HAZARD MITIGATION GRANT PROGRAM (HMGP) PROGRAM 8 FOR THE CITY'S WATERSHED MANAGEMENT PLAN TO SEPTEMBER 30, 9 2024; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Community Rating System (CRS) is a voluntary program under the 13 Federal Emergency Management Agency (FEMA) allowing communities to earn flood 14 insurance discounts of up to 45%; and 15 WHEREAS, under FEMA's National Flood Insurance Program (NFIP), cities and 16 non -incorporated areas can earn points for conducting floodplain management activities 17 that surpass the minimum NFIP requirements; and 18 WHEREAS, The City of Boynton Beach is currently a CRS Class 5 community, 19 achieving up to 25% discount on flood insurance policies, however, for the City to achieve 20 a CRS Class 4 ranking the City needs to create and adopt a Watershed Master Plan; and 21 WHEREAS, on June 16, 2022, the City submitted an application for funding to 22 prepare a Watershed Master Plan, coordinating with FEMA reviewers to ensure acceptance 23 and approval of the Master Plan documents to fulfill CRS Class 4 requirements; and 24 WHEREAS, Resolution R22-169 was approved by the Commission which FDEM 25 Executed Contract Agreement No. H0861 dated December 1, 2022 provides a period of 26 performance (POP) ending on September 30, 2023, which leaves the City with insufficient 27 time to accomplish the goals and objectives of the WMP. Consequently, a period of 28 performance extension of 12 -months has been granted to the City. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 30 OF BOYNTON BEACH, FLORIDA, THAT: 31 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption S:ACA\RESO\Agreements\Grants\Approve Extension To Hazard Mitigation Program Grant (Watershed Management Plan 2022) - Reso.Doex 103 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 hereof. Section 2. The City Commission approves and authorizes the Mayor to sign Modification No. One to extend the Subrecipient Grant Agreement No. H0861 with Florida Division of Emergency Management (FDEM) Hazard Mitigation Grant Program (HMGP) program for the City's Watershed Management Plan to September 30, 2024, a copy of which is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of July, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Approve Extension To Hazard Mitigation Program Grant (Watershed Management Plan 2022) - Reso.Doex 104 SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SuB-RECIPIENT: Citv of Bovnton Beach PROJECT #: 4337 -004 -Pg PROJECT TITLE: Bovnton Beach Watershed Manaaement Plan CONTRACT #: H0861 MODIFICATION #: 1 SUB -RECIPIENT REPRESENTATIVE POINT OF CONTACT Angela Prymas, P.E. Senior Engineer 124 E Woolbright Road Bovnton Beach. Florida 33435 Enclosed is your copy of the proposed contract/modification between City of Boynton Beach and the Florida Division of Emergency Management (FDEM). COMPLETE ❑ This form is required to be included with all Reviews, Approvals, and Submittal F-1 Signed electronic coov Reviewed and Approved ❑ Signed and Dated by Official Representative ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated N N/A for Modifications or State Funded Agreements Attachment K — Certification Regarding Lobbying - completed, signed, and dated N N/A for Modifications or State Funded Agreements Electronic Submittal to the Grant Specialist Samantha Chaqanis on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 328-5736 or email me at Caitlyn.Stroik@em.myflorida.com. 105 Contract Number: H0861 Project Number: 4337 -004 -Pg MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND CITY OF BOYNTON BEACH This Modification Number One is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and City of Boynton Beach ("Sub -Recipient") to modify Contract Number H0861, dated December 1, 2022, ("the Agreement"). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Sub -Recipient under the Hazard Mitigation Grant Program of $246,832.50 in Federal funds; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and WHEREAS, the Agreement shall expire on September 30, 2023. WHEREAS, the Division and the Sub -Recipient desire to extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin December 1, 2022 and shall end September 30, 2024; unless terminated earlier in accordance with the provisions of paragraph (17) of this Agreement 2. The Scope of Work, to the Agreement, are hereby modified as set forth in 1st Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. `1: IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB -RECIPIENT: CITY OF BOYNTON BEACH By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: 2 107 Attachment A Watershed Master Planning Initiative Boynton Beach Watershed Management Plan Scope of Work and Budget Statement of Purpose The Florida Division of Emergency Management's (the Division) Bureau of Mitigation prioritizes flood risk management as an integral part of its mission. The goals of this project are to assist local communities in developing a Watershed Master Plan for the purposes of moving up in the Community Rating System (CRS) of the National Flood Insurance Program (NFIP) and to increase resiliency in Florida communities. This project is funded through the Hazard Mitigation Grant Program (HMGP) DR -4337-004-P, as approved by the Division and the Federal Emergency Management Agency (FEMA) to create and update Watershed Master Plans (WMPs) throughout the state of Florida. The Project Manager for the Division will be: Laura Dhuwe, Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 850-879-0872 ,Irp.....u.... ................................................ Scope of Work The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (WMP) for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research and the creation of guidance materials to ensure a consistent statewide approach to WMP development. Guidance materials produced in the WMP Pilot Program can be found at: htt s://www.floriidadiisaster.ora /denu/mutua atu� n/vwaterst�ed Iair�uaun . un fiafive or p...................................................................................................................................................................................................................... p......................................9................ll..................................... htt s://www.fak.i.edL /eir� uneerlin /researchlcW rr,: /clearlin house/. The Sub -Recipient may use other V.......................................................................................................................9...........................................9.........................................................................................................................................g........................................... p Y materials provided by ISO and located at ht t if rng, ov. The Sub -Recipient shall follow the Credit Criteria for Element WMP under CRS Activity 452.b (please refer to the 2017 CRS Coordinator's Manual' and the 2021 Addendum to the Coordinator's Manua12). The Sub -Recipient will finalize the process by submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the WMP will be adopted in the Sub -Recipient's next LMS update. Tasks necessary to the completion of a WMP include: Task 1 — Create Preliminary Project Plan based on Initial Flood Modeling, and Submit Draft WMP The Sub -Recipient shall create a preliminary Project Plan, which is a narrative detailing how the initial flood modeling has sufficient detail on the data that went into the model, model specifications, and possible solutions for addressing flood risks that the model identified. There must be enough detail in the preliminary Project Plan to verify the required analysis has been completed. Specifically, the required analysis for the preliminary Project Plan shall include all the Minimum Criteria required for a creditable WMP3 under the two categories of Data Inventory and Collection and Initial Flood Modeling as follows: ' https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinators- manual_2017.pdf 2 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinator- manual_addendum-2021.pdf 3 See 2017 CRS Coordinator's Manual at ttli.;,ll..............................:::i,i..,,.gov/sitesldefau.ullt/fiilles/cla.�cuirrYeirnts/ierm�: c �:�mmu�nit irat.in Stam a o:�rdiirnatoirs- manuall 201....:.I:2t; the 2021 Addendum to the Coordinator's Manual at „folmna„ ovlsites/defau.ullt/fiilles/docu.jmeirits/fema coima�nurnit. iratiir� s ;:�B:r::irm coordinator p........................................................................................0...........................................................................................................................................................................................................................................I........................................................... ar t..i.all adderndu.�m 2021„ ; and other materials provided by ISO located at butt,p, ,;//;�aP,u�a,fj,. 3 108 Data Inventory and Collection: 1. Data inventory (used for initial flood modeling): a. Inventory of ground characteristics (e.g., soil type, impervious surfaces, wetlands) b. Inventory of existing drainage system c. Inventory of data availability 2. Locations of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 3. Existing regulations and plans in place for reducing flood risks Initial Flood Modeling 4. For current/existing conditions land use, future land use, and the fully developed watershed scenarios: a. Evaluations of the existing drainage system's runoff response from design storms using a hydrologic and hydraulic study with a hydrograph approach under current and predicted future land use conditions with assessments of the impacts of climate change and sea level rise for 10-, 25- & 100 -year storm events b. For currently fully developed watersheds: studies of existing development and the potential impact of any redevelopment c. Evaluations of different management scenarios for at least the 100 -year rainfall event for a fully developed watershed at a scale sufficient to determine local problems. d. Determinations of the change in runoff from current to future, fully developed conditions e. Recommendations for managing at least the 10 -year and the 25 -year rainfall events 5. For communities impacted by sea level rise: evaluations of the impacts of the NOAA Intermediate 2100 sea level rise scenario on the 100 -year rainfall event a. It is highly recommended to include 2 other scenarios up to 2100, which could be based on sea level for 2 time frames into the future or a number of feet of sea level rise within this timeframe. 6. The plan must include a strategy and action plan to address the results of the studies for: a. controlling the timing of peak flows to prevent or minimize problems for the entire watershed due to new development, redevelopment, and fully developed conditions b. the impact of climate change and sea level rise on fully developed conditions c. at least the 25 -year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25 -year rainfall event d. at least one event larger than the 25 -year rainfall event, with a list of possible solutions for addressing this event e. ensuring that flood hazards from the 10 -year and the 25 -year events are not increased by future development (the 2 -year storm is also recommended). 7. The community must adopt the final plan. 8. If applicable, WMP plans more than 5 years old must be evaluated to ensure that they remain applicable to current conditions. For instance, are previous assumptions on hydrology, sea level rise and future land use still applicable. Deliverable 1: An (1) electronic copy of the preliminary Project Plan; (2) a separate electronic document listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3) a separate electronic document clarifying the Sub -Recipient's existing data inventory at the time of contract execution, how the data are used, and which tasks and efforts have already been completed prior to contract execution. These three electronic documents must be submitted to the Division for review no later than 19 months after the beginning of the Period of Performance. The Sub -Recipient will provide 0 109 Deliverable 1 to the Division via email to watershed lannlnem.m flonda.com. Payment for Task 1 will occur once the Sub-Recipient has received feedback from the Division confirming that their preliminary Project Plan has been approved. To be approved, the preliminary Project Plan must show how all the listed Minimum Criteria required for a creditable WMP are intended to be met. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 19 months from the beginning of the Period of Performance before payment will be processed. Jurisdiction Specific Comments for Task 1: Data collection for structures - The Sub -Recipient's project will include a high-quality stormwater inventory which is a critical foundational dataset for any stormwater program. It enables the government to more efficiently operate and maintain the system, evaluate capital improvement projects, adapt to climate change, apply for funding, and markedly improve public safety — among many other benefits. Specifically, the project will include conducting a survey to create a stormwater inventory that includes: • Diameters • Pipe Material • Inverts and other key elevations • Structure information and photos • Pipe Length A geodatabase/GIS with the information. This dataset will directly interface with, and greatly enhance, the City's existing ICPR model. Initial Flood Modeling and Draft WMP Project Plan - The Sub -Recipient's project will evaluate the future conditions, including the impacts of a median projected sea level rise (based on the National Oceanic and Atmospheric Administration's (NOAA's) "intermediate -high" projection for the year 2100) on the local drainage system during multiple rainfall events, including the 100 -year rainfall event. This option is for coastal communities with no natural or constructed channels. Guidance on sea level rise projections for CRS purposes can be found in Section 404 of the CRS Coordinator's Manual. Future -conditions should include a projected change in land use to determine the change in runoff from current to future, fully developed conditions. The NOAA intermediate high projection for Boynton Beach is 3.9 ft NAVD88 of sea level rise which must at a minimum be used for the SLR evaluation. During the project, the Sub -Recipient's project team will submit preliminary data for a courtesy review to identify any areas where the project needs to focus on or modify. Additionally, the Sub -Recipient will clarify in writing which tasks and efforts have already been completed prior to contract execution. With the mapping efforts, the Sub -Recipient shall provide the source and dates of data acquisition, locational accuracy, and map projection and coordinate system information of geospatial data. Task 2 — Revise Draft WMP and Submit Completed WMP After receiving feedback from the Division on the preliminary Project Plan from Task 1 (Deliverable 1), the Sub -Recipient shall finalize the flood modeling process and submit their completed WMP. At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WMP shown above. The Sub -Recipient shall update their WMP, if revisions are necessary based on the Division's feedback, and submit the completed WMP to the Division for review. Throughout the activities for Task 2, the Sub -Recipient shall coordinate with the applicable LMS working group to ensure that the working group will adopt the WMP as an annex in the next LMS update, and use the data to inform the risk assessment and mitigation strategy. Deliverable 2: An electronic copy of the completed WMP will be submitted to the Division no later than 24 months after the beginning of the Period of Performance. If applicable, the Sub -Recipient will revise the submitted WMP to comply with required revisions and feedback from the Division, and then resubmit the WMP to the Division no later than 24 months after the beginning of the Period of Performance. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub -Recipient shall provide the Division with the following no later than 24 months from the beginning of the Period of Performance before payment will be processed: 5 110 1. the completed WMP4 (after incorporating comments from the Division, if applicable); and 2. a signed letter from the applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the completed WMP will be adopted and used to update the risk assessment and mitigation strategy during the next LMS plan update. The Sub -Recipient will provide Deliverable 2 to the Division via email to :.y. 2,[�da,,.go u,. Method of Compensation: All deliverables submitted to the Project Manager or to the Division shall be completed by the Sub - Recipient and approved for completeness and accuracy by the Project Manager or the Division to qualify as reaching the minimum required criteria for each invoice period. All tasks shall be performed under the direct supervision of the Division. The project shall be reimbursed upon receipt of invoices submitted at the completion and acceptance of each deliverable defined above unless this agreement is terminated early. This is a cost reimbursement agreement, which will be reimbursed on a fixed -fee, fixed-price agreement as follows: Deliverables Total Due Date Deliverable Value Task 1 — Create Preliminary Project Plan based $191,920.00 19 Months after on Initial Flood Modeling, and Submit Draft beginning of POP WMP Task 2 — Revise Draft WMP and Submit $137,190.00 24 months after Completed WMP be innin of POP Total $329,110.00 Financial Consequences for Non -Performance: The failure to provide the Division with the required deliverables within the stated timelines shall result in a penalty of 5 % of the determined deliverable amount for each late deliverable. Penalty may be waived based upon reasonable explanation with documentation by Sub -Recipient. Should the Sub -Recipient determine that there are significant barriers to conduct any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectations upon a formal request from the Sub -Recipient. If the Sub -Recipient fails to comply with any terms of the agreement, the Division shall take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate the current agreement for the Sub -Recipient's project; 4. Withhold further agreements for the project; or 5. Take other actions that are legally allowed. 4 See the Minimum Criteria required for a creditable WMP listed above. R 111 Schedule of Work Task(s) Number of Months to Complete Field work and data collection for structures Task 1 5 Initial Flood Modeling Task 1 9 Preliminary Project Plan Task 1 5 Revise Draft WMP and Submit Completed WMP Task 2 5 Total Period of Performance: 24 Total Period of Performance The Period of Performance for this project begins on the date of execution of the subgrant agreement by both parties and ends no later than September 30, 2024. Budget Cost Item Project Cost Federal Share Non -Federal Share Personnel 25.00% Total Project Cost: $329,110.00 Fringe Benefits Travel Equipment Supplies Contractual $329,110.00 $246,832.50 $82,227.50 Other Project Total: $329,110.00 $246,832.50 $82,227.50 Funding Summary Totals Federal Share: $246,832.50 75.00% Non -Federal Share: $82,227.50 25.00% Total Project Cost: $329,110.00 100.00% 112 DIVISION OF E Ron DeSantis Governor Ms. Angela Prymas, P.E. Senior Engineer 124 E Woolbright Rd Boynton Beach, FL 33435 STATE OF FLORIDA MERGENCY December 1, 2022 Re: 4337 -4 -Pg, City of Boynton Beach Dear Ms. Prymas: MANAGEMENT Kevin Guthrie Director Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H0861 between the City of Boynton Beach and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at In:p°fill„ ii,llou. �irm�eii,µliw,i lr �i„ynllglimli„ gll��n. The Project Manager for this contract is: Marilyn Montgomery, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Marilyn Montgomery at (850) 270-7423. Respectfully, Digitally signed by Laura Dhuwe Laura D h u we Date: 2022., 2.0, 12:58:01-05'00' Laura Dhuwe Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard ANvw.Florid Disaster.ag 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 113 Agreement Number: H08161 Uaw .M MIIIII IIIII IFIFIIIIIIIIIIII III Ill I I 1 1 - I . .. . I I I 1131 IIII11TVIIIIIII I ill 1 11 As defined by 2 C,FRo §200.1, "Sub-Reciplent" means "'an entity, usually but not limited to non - Federal entifies that receives a subaward from a pass-through entity to carry out part of a Federal MMM As defi ned by 2 C. F 6 R. §2M 1, "Federal award" means "Feid!eiral financial assistance that a non- Fndaml attitv rernivps Arectiv fro -it v Fader2lowva Ill I friiii g o ss-, I As defined by 2 C,F.R. §200.1, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub,-Reciplenit to carry out part of a Federal award received by the pass-thirough trifity." The following information is provided pursuant to 2 C.F.R. §20U32: Sub -Recipient's name: Cuts wok.,(? y I Sub-Recii1pient's unique entity identifier (UEI/FEIN): Federal Award Ideon Nliumber Federal Award Date� Siubaward Period of'Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: by the passi-through entity to include this Agreement: Tota;l Amount of the Federal I Award committed to the; r" 4Y by the pass-through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: ....................... 11MVIT-411 lill"km..BlCYA.;Iq Upon, execution thru September 30, 2023 $246,832M $246,83250 t 50i Watershed MeNwt Plan Federal EmnencyM2nAa ent.A9.2rigy FL I Divisiof Erne e py Mpnqq9ment on marilyti.mionLgomeU&!em.myfloridai,clom 97.039 Hazard Mitigation Grant Program N/A N/A 114 THIS AGREEMENT is entered into by the State of Florida, Divis,ion of Emergency M'anageme with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Boynto Bieach, (hereinafter referred to as the "Sub -Recipient"), I! IT !!I III !!111 NOW iiiiiiiii I !1 1 � I III I I 1 0 outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement, —OWNIMMUS Me MI A '?Tau-rqrFaKWww T1,#j iris, d"t funds," Therefore, section 215.971 , Florida Statutes, entitled "Agreements funded with federall or state I assistance", applies to this Agreement. Ir I , I . 991MM 200, entitled "Uniform Administrative Requirements, Cost Principles,, and Audit Requirements for Federal Awards." ZIM1111111111,11II ;��!lqili�lilil��IIIII ir I Z1115,1: I i 141 1 �l!jIl��I��i I ill!I11 1111!11111:11: 1111111!11:1r; li; ; IiI mm�� must be received and accepted in writing by the Division before payment, Each deliverable must be and the criteria foj evaluating the successful completion of each deliverable. A I I I I 1! 31111 r 111 71110111 111 III I 0 "1 lk� 111111111111111111 1 MMM�� IN 115 111019M M01 c. In addition to the foregoing, the Sub-Rec:iplent and the Division shall be governed by g1l applicalible State and Federal laws, rules and regulations, including those identified in Attachment B. no other statute, ru!le, or regulation applies. (3) !qONTACT a. In accordance with section 21,5.971(2), Florida Statutes, the Division's Grant Manager shall be responsit le for, enforcing performance of this Agreement's terms and conditions, and shall serve as the Division's liaison with the Sub-Recipienit. As part of his/her duties, the Grant Manager for the Division shall: L Monitor and docurnent Subi-Recipient performance, and, Review and d�ocument all deliverabiles for which the Sub-Repient requests Lmzzc�� Project Manager Bureau of Mitigation r*444,-z-& taA 2555 Shumard Oak Boutevard Telephone: 850-270-7423 Email: rnaril [Wfigridgcomi The Diivision's, Alternate Grant Manager for this Agreement Project Manager H�azard Mitigation Grant Program 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone: 850-879-0872 Email: watershiedilplanning@em,myflorida.com M i I V orliff,mmu - =I. IHBMLT-2�� WVMMUZM» w � Senior Engineer 124 E Woolbright Rd Boynton Beach, FL 33,435 Telephio61-742-6421 Email: prymasa@b1i the event that different representatives or addresses are designated by either party after execution ofthis Agreement, notice of the name, title and address of the new representative will be provided to the other party, III! I I I I i I I I i: Ili•M 111 I TORINO IMMUNE My III I III I 12- 1w»M Either party may request modification of the provisions of this Agreement. Changes ,11YW17dYe'dX will , i the original of this Agreement. ME= 10 21 L941 1131 Welift0i _;m;. M V. M I.A.—M 11111 Ill Ill !!I IIIII ill 30 2023, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement, Consistent with the defin ition of "period of performance" contained 00 1, thie term "period of »w .a refers to the time during which the Sub -Recipient "miay incur new obligations to carry ®, the work authorized under"' this Agreement. Inaccordance with section 215,971(l)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreernent"only for allowable costs resulting from obligations incurred during" the period of agreement. M 117 ..,.,.M' W*--willillill IWO V accordanice with either chapter 216, Florida Statutes, or the Florida Constitution, i i i I I i I I ill !I i i I I i I I iii 1 11 1 ! I Subi-Reciplient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outfined in Attachment A of this Agreement ("'Budget anid Scope of Work"), The maximum reimbursement amount for the entirety of this Agreement is $246,832.50. iii I 11i ::ill' lill i J 11!1111111111 Jill 11111111111iJillilli illill 111111 11 ll 1111111 ;Jilill 1111111111111 1 111M T Lill l must include a certification,, signed,by anr official who is authorized to legally bind the Sub-Recipien , which reads as folilows: "By signing this report, I certify to the best of my knowledge and belief that the WXAxi Jill - purposes andobjectives set forth in the terms and conditions of the Federal award, I amil aware that any false, ficil Qir fraudulent information, or the ornission of aniy material fact, may s civil! or administrative pe:naities for fraud,, false statements, false claims or otherwise. (U.S. Code Title 18, Section 10011 and Titie 31, Sections 3729-3730 and 3801-3812)." Mil 11#5111MMMMMAMM 11MOMO;3WAiniiiiiii I $ - I'll I that clearly: deliineatesi: The required minimum acceptable level of service to be performed; and, H. The criteria for evaluating the successful completion of each; deliverable, remains consistent with the irequiiirement for a 'performance goalwhich is defined in 2 C, F.R. §2M 1 44: a target level of performance ex�presseld as a tangible, measurable objective, against which actual g.chievement can be compared," It also remains consistent with the requirement, contained in 2, CY.R S,200.3291, that the Division and the Sub -Recipient "relate financial data to performance goals and Fbjectives, of the Federal award," Wil i J lJJJJlJ'iJJJ MINIMUM I ill I Sub -Recipient for overtime expenses in accordance with 2 C.FiR. §200l,430 ("Coimplensation—personal services") and 2 C,F,R, §200.431 ("Compensation—fringe benefits"), If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (See 29 U.S.0 §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 CJ §200,431 (a) defines fringe benefits as, "allowancesand services provided by employers to their employees as compensation addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as, the benefits are reasonable and are! required by law, Sub-Recipi.ent-employee agreement, or an established pol icy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides thatthe cost of fringe benefits ini M 118 tS A 9bGWiJM4"XM,, such as for annual leave, family -related leave, sick leave, holidays, court leave, military, leave, administrative leave, and other sim,ilair benefits, are allowable if all of the following criteria are met: They are provided under established written leave policies; The costs, are equitaNy allocated to all related activities, including Federal JIM IlTillillil Will III 111 1 11 . . .. 0 1 1 Sub -Recipient for travel expenses in accordance with 2 C.FoR. §200,474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance withl section 112,061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeiks reimbursement for trave!l costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($i6 for breakfast, $11 for lunch, anid $19 for dirmer), then the Sub -Recipient must provide documentation that: ililll!ll 2 Iff ; 111 111 111 111 Ill III Jill lial ill I and produce a final reconciiiation report, The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. UP111WIVIWAMPI-11) MAI administrative, or other legally applicable requirements; andI, III I M I Mw3= SOKRJUIJVdiff M16M, any paITTIFF 1 1712 grrru 17 sill payments where authorized by law), any payment that does not account for credit for applicable disco I iiiiiii1 11 1 - - - - - eviAwir fbtrr discerning whiether a payment was proper. MBEMH� I I I I W! � I I I 1 1 1! i! 1 1! 11 � I I E= shall enimn the ri, hit of access to adocumen wawters or other records of the Sub -III pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts, The rig 119 interview anid discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. i the State of Floriida, the Florida Auditor General, or any of their authorized representatives, shall enjoy t right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and! transcripts. The right ofaccess also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to suich documents. 11 Florida 6tatutes) and by 2 GI,F& §2*0.334the Sub-Necipient shall retain sulft—ienfne—cords to show its compliance with the terms of, this Agreement, as well as the cwl!ialin,ce of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are thie only exceptions to the, five (5) year requirement: - - iii - -- .1 11 - F16-MUITU•CS ii *,, I:, , - ft -t iiiii 1 .1.1 1 T have been resolved and final action taken, IllJlliIl IT 1 11 �ii MINIMUM � III III � 'III CKMMM�� awarding agency, cognizan't agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period, wmmOE�.�w I � � � mmw� Ii JIM iiiii�lll!i;i,ilillilIll I �I I I 1!!I!IillllIilll!ll!! !Ilili!llll!ll Jill I I r ! I I III 11,! ImIlmll 1 1!111 Jill 1 �3-1 I 1 CAM JIMCUrf—lawara #I r e 11 MTP 141 from the end of the nion-Federal entity's fiscal year in which the program income is earned, I'll MINIM lilliffliliffli 1 11 applies to the following types of documents and their supporting records'. ind�irect cost rate computations or proposals, cost allocation pl�ans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benIefit rates). i W 11ITT! R 1111"Ill 111 IT 11 1 111=11031= the records possess long-term retention value. paper versions of Agreement information to and from the Sub-Reciplent upon request, If paper copies are submitted, then the Division must not require more than an original and two copies, When original records are electroinic and caninot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electroinic media plrovided that they are subjIect to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable, VN�M I I I , MMM= to safeguard protected personally identifiable information and other information the Federal awarding ii I! S i MINE I iii I i I P iii i I I R �'i andi local governments as well, as to private entities acting on their behalf, Unless specifically exempted entity acting on behalf of such an a�ge!ncy) in conjunction with official business which are used to M 121 perpetuate, •, a„ or formalize knowledge qualify as public records suibject to public inspection. The mere receipt of public: funds by a private entity, standing alone, is insufficient to bring that entity within the ambof thie public record requirements, However, when a public entity delegates ai public function to a private entity, the records generated by the private entitys performance of that duty become public records, Thius, the! nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subiect to the requirements of Florida's, Public Records Law. subcontractors or consultants to be paid from funds provided under this Agreementincluding and objectives of the Budget and Scopeof WoA - anid all other applicable Jews and regulations. IFTHE CONTRACTOR HAS QUESTIONS REGARDING THE AXII PLICATIONOF CHAPTER 119, FLORIDA STATUTES,, TO THE, CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS REiLAT'IN�, TO THIS CONITRACT,i CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-7'671 Records@emmyfloridaxNr. m, or 255 Shumard'Oak Boulevard, Tallahassiee,i FL, 323i99., a. The Sub -Recipient shall comply with the audit requirements contained in, 2 CF.R. Part 200, Subpart F. Suib-Re!cipient shall follow Generally Accepted Accounting Principles ("GAAP"), As defined by 2 CF.R S12K 1, GAAP "has the meaningil specified in accouinting standards issued by the Giovernimenit Accounting Standards Board (GASB) and the Finiancial Accounting Standards Board (FASBi)."' the Division shalil use Generally Accepted Government Auditing Standards ("GAGAS"). As, defined by 2 C. FR. §200i. 1, GAGAS, "also known as the Yellow Book, meansi generally accepted govern ment auditing standards issued by the Comptroller General of the United States, which are applicable to financial all iffilifillilifflill 1,1011 I !1111 ii 11500MS-507 1�11 MUMMA accordance with the conditions of this Agreement, the Subi-Recipient shall be held liable for reimbursement to the Divi�iiSiOAL-o-fq-Ltv-nO,.%.�w-L%wlli'-A=��-�ce=m�0-tX&.QR-2��kl�2�W40-gvwv* Agreement provisions within thirty (30) days after the Division has notified the Suwiient of such noll compliance, 122 11 �ililill Jill 11911!111 311 =1 I - . - I — IM secu7n /. r�m 1-1,011`14Z M InaepidnMWETe'll pu lic accounfant licens under chiapter 473." The independent auditor shall state that the audit complied with the applicable F provisions noted above. The audit must be received by the Divislon no later than nine mioinths from, the end of the Sub -Recipient's fiscal year. I accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to, the Division at the following ,address: DEM'Single—Aiudit@em.myflorida.com OR Office of the Inspector General 2555 Shurnard Oak Boulevard MEMZM�-� I "I i � 11,11IIIIIII1111 ! 11 �111 III ;;IIIII M;11111' I quarterly reports and a close-out report. These reports shall iniclude thie current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information reqiuested by the Division b. Quarterly reports are due to the Division no later than fifteen (15) days after the end close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31 i I E 11 1 11 11 1 1. 31 ME= `W manner acceptable to the Division, then the Division may withho,ld further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division"' means that the work wduct was comDleted in --.?ccordmncee t cI ofAV+r�. I Z* lKWUMBOOMM 11111:1111. Iw,I �ff w7V' 4k w0 1 ',&rde[T)a!1J , ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are! being accomplished within the specified time periods, and other performance goals, are being, achieved. A quiarterly report, to, on-site visits, by Division staff, limited scope audits, and/or other procedures. The Sub-Recipi�ent agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division d�etermines that a limited scope audit of the Sub -Recipient is Z I N FREESE' illi�l��'llill��,�'lilliliii�!111'�i�!!I��l�111!111� I I state agency or subdilvision, as defined in section 768.28(2),, Florida Statutes, agrees to be fully responsibile for its negligent or totous acts or omissions which result in claims or suits against the DivWwn, zft-okw3mv-%nmh�- ittiV;-WL &z�s ri*4mWA�wteans�a 4!XfG- txtent set forth in section 768.28, Florida Statutes,. Nothing, herein is intended to serve as a waiver of 11 124 sovereign immunity by any Sub-Recipienit to wNch sovereign immunity applies, Nothing herein shall be r.,#1Astrjo-4;-1 .2% cvvjAsext ly,? stv.t.9,vI Qr sVjilliivisi#A #1 ViIe-SO.te 0 F-45*09. tj# *e, sy&i' liy MrO. taKies M ny matter arising ouit of any contract. Division to make further payment of funds shall terminate and the Division has the option to exerdse any lfi��M,6_'a-OM14FH� _MFM7--I �WPrr81*&-#-r Italits after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment ITINII 11111 IT ROOM I � III!I previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or coAgreement or any F,revious a-ree!ment with the Division and has not cured them in meet its obligations under this Agreement; i 1,11151111,11: firne during the term of this Agreement, and the Sub-Recipilent fails to cure this adverse change withir. thirty (30) days from the date written notice is sent by the Division; iiiii,l!!Ill ;Iiiji�ii !iIIIIIIIIIIIII11pillir! IIII!!II SIUMM= * A As 01 [W 0A Mpewt-19;IF SIT - lm F I e I y days, exercise any one or moire of the following reimedi'es, either concurrently or consecutively: days prior written notice of the termination, The! notice shall be effective when placed' in the United States first class mail, postagve ire., redDr_jk�f M. - POP address in paragraph (�3) herein; I c. Withhold or suspendpayment of all or any part of a request for payment; t,, Require that the Sub -Recipient refund to the Division any monies, used for ineligible MMM3�� 12 125 M 10 0 W, MO M U -M 713 LOW 11511:111MR1111i ill!will.w w11!1��iii!ll MEMM= III U1111111, lig'' 1,: 'f Exercise any other rights or remedies which may be available under law. remedies in thill's Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or falls to insist on strict performance by the Sub -Recipient, it will not affect, extend or wG�qo !Pq �FA. 0+-r.—_&ffnt r w47 the Division for any other default by the S,ub-Re�cipienit. a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compHance, with applicable rules, laws and r ;!:q Olocu meint, paper,, letter, or other material subject to disclosure under chapter `119, Florida Statutes, as wite*Oed. its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Siubi-Recipiienit with thirty (30) calendar day's prior writt notice. I c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement, The amendment will state the effective date of termination and the procedures for proper closeout of the Agreement. obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub-Reciplent will cancel as many outstanding obligations, as poissiblei, Costs incurred after receipt of the termination notice will be r owed, The Sub -Recipient shall not be relieved of liabiI4 to the Division because of any breach of Agreement by the Sub-iRecipiient. The Division me to the extent authorized by - set -off until the exact amount of damageis due the Division from the Subi-Reciple!nt is determined, IN i PU !11111111111111111 illiiliiiii 11��IJIIIIIII�II!Ijpiir� �!111111 the Agreement complies with all applicable federal and state lawsand regulations, to include §§200.318 through 200.327 as well as Appendix 11' to 2 C.F,R. Part 200 (entitled "C�ont.ract Provisions for Non -Federal Entity Contracts Under Federal Awards"). sufficient to detail the history of procurement, These records will Include, but are not necessarily limited tMo the foilowing: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." III li� III jjjp;;� !!111111111 111111 111 �WIMTOIMIMT $111111MMOM"t I 111! 11 :11 05111"11 11111111112111! , 11 11 !11111 111 ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders," In order to demonstrate compliance with this requiiremient, the w.. .o shall document- in its uarteft, reg,ort to the oftthA.I performing work under this Agreement. 0 :1 . 0 , 4 -A ! I I I i If I I I I i 1 1: i F F I I I i I I I Jim 111111!1111111111 ilrllii�'�IIIIMMM= YY*M'd t�.q4YN ► M M M . MJA .M M 6tt6a laws and regulations, and (iiii) the subcontractor shal�l hold the Division and Sub -Recipient harmless against ail claims of whatever nature arising out of the subcontractor"s performance of work under this, Agreement, to the extent allowed' and required by law. the selection, award and administration of contracts," Filli! I ��iii procurement under this agreement "in a manner providing full and open competition," Accordingly, It Subi-Rec:ipient shall not: i Kequire unnecessary experience or excessive bonding; iijUse noncompetitive pricing practices between firms or between affiHated va Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an M 127 MEMMM 11 in III, 111 11 ITUA "00 Engage in any arbitrary action during the procurement process, or, ix. Allow a vendor to bid on a contract if tilliat bidder III itivolved witli developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. I I Mh NO a "I I IT lI ill 11 !1 Jill I I I 33MEM33M... competiitive proposals) in accordance with 2 C.F,R. §200.320(2) as well as section 287.O5i7(l)(b), Florida Statutes. 111 1111 il 11 1 IIIIlJIIII1IIIlImII!!I �w! Division as to whether that subcontractor is a minority business enterprise, as defined In section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.FiR§20032` ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). I I qI111III I I I I I I I I I + I I I � I I I I I I I 11w w� Agreement, then the Sub-Reciplent shall review its competitive solicitation and subsequent contract to b,; awarded for compliance with the procurement standards In 2 C.F.R. §§200.318 through 200i.327 and required contract provisions in Appendix 11 to 2 C.F.R. Part 201i. if the Sub -Recipient publishes a competitive solicitation or executes a contract that is not in compliance with the Federal procuremient standard00.318 through 200.327 or the requirements of Appendlx 11 to 2 C.F,R. Part 200, then the w"- weis on notice that the Division, may: !IIIIIII 1 11 iiiiiwI, !111111111111111111! 111 lilligli III lIillilliI!Iii IIIIIIII;IIIIIIIII �ljj 11w1111 paragraph (17) above; or, 2. Refuse to reimburse the Sub -Recipient for any costs associated with that w 4w I I I I I I I I I I I I! F I I I III I I I I I I I I I lI 1 .1 � I �11 I with the Federal procurement standa00.318 through 200.32�7 and required cw provisions in Appendix 11 to 2 C.F.R. Part, 200i, These resources are generalfly available at eam,. 15 128 NOZINUVROMMM M. W.11 I F.Ti IS M 11 ZT-FT111174 Me AMN w7111!1111 31111111;1 11 greerrieni ana I cntmt men ianguaIge oiiiii le a MeM� inanconrol, utonly e e en the, conflict or inconsistency. H. Attachment A — Budget and Scope of Work HE Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances V, Attachment D — Request for Advance or Reimbursement vi, Attachment E — Justification of Advance Payment vii. Attachment F — QuarteHy Report Form VHL Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment k Attachment I — Federal Funding Accountability andl Transparency Act xi. Attachment J — Mandatory Contract Provisions, XiL Attachment K — Certification Regarding Lobbying applicable, section 216.181(16), Florida Statultes., All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based a a justification statement shall weIn this Agreement as Attachment E. Attachment E will specify 11 the amount of advance payment needed and provide an explanation of the necessity for and proposed Icu", 62,*lmAxt#f to the submittal' of a request for advanced payment. After the initial advance, if any, payment shall w,- . 1 e IN1I =-AIIII11=1 MTM71111117711311 =—#fT#j I I II I I I I I I III I I I I I I! I I I I I I I I I I I I I lI I! I I I! I I I I I I 1111 11 1 111 1 11 1 111 T I 10mrIN011IM-Nim. ]Rpm= - -- 1 0 .. . documentation for all costs of the project or services. The final invoice shall be submitted within, sixty (60) N,: ys after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall' be submitted to the Division grant manager as part of the Suib,- Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. �y the United States Congress, the! federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division in 129 report within thirty (30i),days of receiving notice from the Division. INIFIEVIR lilIIlillilill I MI 111111 1 I I ville I I I I I I I I I I! �� III payable to the order of "Division of Emergency Managernent", and mailed directly to the following address� 7UNUINTM-,75T - Eciplent sil . o wIw wRc—e7T—e—e—Or�-j-67fiO7o—r b%70 of the face amount of the returned check or draft, whiic:hever is greater. 11 OMWOM4111 in any later submission or response to a Division request, or in any submission or response to fulfill the the rated to fu 7 'fl requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option ] of the I of s Division and with thirty (30) days written notice to the Sub-Reci:pient, cause the termination of'this Agreement and the release of the Division from a�ll its obfigations to the Sub-Re,cipient. for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the! provision: provision of this Agreement. EMMMEMS2= Law 101-336, 42 Ul.S.C. Section 12101 et segj, which prohibits discrimination by public and private entities on; the basis of %X-dJJLC,.-1 government services, and telecommunications. MMM= puIbilic entity crime or on the discrimi�natoEy vendor list may not submiit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or reDair of a *ubfic buiWino or r)ublic work mav not subimit bids on leases of reallmumbL A I i ll�jlllililli� M=111115lill! 111111 E�MRII 01 consultant under a contract, with a pubJc entity, and may not transact business with any public entity in bi,lr *��064 tr on the discriminatory vendor list. Ill 1awl1111 Jill I I Jill lill l ,.-.nd belief, that it and its principals or affiliates., ineligible, vo4untarily excludIed or disqualified from covered transactions by a federal department or agency', 1: 11 11 1! 111 M I I Ill I I I I 1 11 1 1 1 or had a civil judgmienit rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing ail public (federal, state oon or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stollen property: of this certification; and, iiii,illili iiiiiiiii Iiii! 11111TRIMIRTIM 111 11;111 Ill facsimile transmission) the completed "Certification Regarding Debarment, Suspension, 3!MJiW ".11- ?4WTAMt Recipient plIans to fund under th;is Agreement. The form must be received by the Division before the Subpient enters into a col bcontractor. h. The Division reserves the right to unilaterally cancel this Agreement if the Sub- 1;1144,111AG d 1 MWIRMTRITIT 17,4 dY 1PPp (01 provisiions of chapter 119, FWida Statutes, which the Sub -Recipient created'or received under this Agreement. Jill �- KIWI Division's obligation to, pay the contract amount. It 1JUILLO a 1DRAINQUIllill 707rd-7i:5.u. olacimn 1,504,akoji IZ>ecl n ancrillavonailly A ("INA")]. The Division shaill consider the employment by any conitractor of unauthorized aliens a vio4atiol M-1 131 of Section 274A(e) of the INA, Such violation by the Sub -Recipient of the employment provisions d*ftiv*4 W� the Divilision, !M.i!lilll�i-!Iwll�l��l*-.FlKo"w.*T$'N!Kffori:lw.I 111grI!, illinnilillimilill i ill lin ill ill ill 1111 11111 111;ll 1111 purchase of or improvements to realproperty are contingent upon the contractor or political subdivision gew:O�w4-&6-&ia�Cnio-iT r6s;-$ro,,lille�i5n *� th6-dr• h4l1ril least 5i years from the date of purchase or the completion of the improvements oiir as further required by taw. lipIll iiiirilr have submitted a false certification as provided under section! 28i7 i 135(5), Florida Statutesi, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with boycott of Israell, [Milo jg 1*2:2 -.101 : I Ink En Jl lillill �1 plillipl �:llllilll liilliii Fill �=l 1 11 1 1 � : 410 1 3= 016WITMT-IfiA # I . 0 Ift, e gran or contract prohibit the, expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." used directly or indiirectliy to influence legislation or any other official action by the Ronda Legislature or any state agency. behalf of the Suib-Repient, to any person for influencing or attempting to influence an officer or x of an aarill a Member ofCorl sis a, ri a Member of Congress lin connection with the awarding of any Federal contract, the making of any Federal grant�, the makingi, of any Federal lician, the entering into of any cooperative agreement, and the extension, continuation, renil amendment or modification oeiral contrall grant, loan or cooperative agreement, paid to any person for influencing or attempting to influence an officer or emwyee of any agency, a Member of Conaress. an officer or eitDtovee 0 Co -iii lig M i BY, 1717.6 =MlJ7= compIete and submit Standard Form -LLL, "Discloisure of Lobbying Activities," 117111121111111111 -01 Iii w; 1 1 IN !MlClp�l MEE= placed when this transaction was miade or entered into. Submission of this, certification is a prerequisite for making or entering into this transaction imposed by Section 1352�, TitIe 31, U.S. C�ode. Any person who fails to filethe reqiuired certification shall be subject to a civil penalty of not less than $10,000 andnot more than $ 100,000 for each suich failure. 110 ± I I I iz�� 117 117il"'i AS, M. J IT PRIMMER 1? R11 I I � 11111 111EI othelivise. services performed under this Agreement, or in any way connected with it,, the! Sub -Recipient shaH refer protection in its name. Any patent rights accruing: under or in;, connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Siub-Recipient shall notify the Division. Any copyrights accruing under or in AF f Flori&z. 1 1111 Jill 111111 1 11111111 11111 1 1111 1111 gill 11111111111111lig � Ill N isclose alil intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright, The! Sub-Reci�piient shall retain all rights and entitlements, to any pire-existing intellectual property which is disclosed�. Failure to disclose will indicate that no such prop" existsi, The Division shall theni, under Paragraph (24) b., have the righit to all patents, and copyriglhtsi which accrue during performiance of the Agreement, G ii 11!1111 !!111 ll!!Il ill iiiii , Jill lip 11111!1111 l�111111 il == =11 MMM � i am tion corict-mp-c�-p�t�ssveiiiiiiil!I!I!iiy y le emproyees 51 SOT Recipient shall become the sole property of the Sub-Recipienit, In the case of joint inventions, that is 20 i RX undivided interest in and to such joint inventions, The Divisi�oin shail retain a perpetual, irrevocable, fully- viaid, nonexclusive license, for its use and the use of its contractors of ank_vj or trademarked work, products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes, (25) LEGAL AUTHORIZATION N greement and that its governing body has auIthorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to, legally execute and binII Sub -Recipient to t.he terms, of this Agreement, We WOU"JIVENk III 1 11 1111p �pli�li�i 1 11`111111 OME= MR I I # M 1MW#?MT1'Y ,w ww f-4-y'-w's defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or givarantee, or undertaken pursuant to any Federal program invw such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: Such action shall include, but not be limited to the following: E rI .J11I Ilk advertising, liayoff or termination-, rates of pay or other forms of compeinsation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor wilt, in all solicitations or advertisements for ployees w. »• by or on behalf of the contractor, state that all *,ualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. OL The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because 21 134 such employee or applicant has inquired about, disc:usised�, or disclosed the compensation of the employee or applicant or another employee, or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such, employee's essential' job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is coinsistent with the contractor's legal duty to furnish information, ivThe contractor will send to each labor union or representative of wooaining agreement or other contract or understandina� a notice, to be union or workers' representatives of the contractor's commitments under this section, and sha:lt post copies of the notice in conspicuous places availla:ble to employees and applicants for employmenit. f VThe contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24 i, 11 965, and by rul�es, reguietions, and orders of the Secretary of Labor, or, piursuant thereto, ,?nd will permit access, to his books, records, and accounts by the 2dmin'stering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and x1rders, �istrirf,ateineawitnii,i�itigationwitnasuocontraciororvenaiorasaresu 0 22 135 t4o Uaite4 States. 11 11 1111111 , 111111111111gar 1111111111 work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such governm- r w,. doenot participate in work on or under the contract, c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist (Ai contract modification subject to Executive Order 11246 of September 24, 19i65, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts yursuant to the Executive order and will carr!; out such sanctions and xenallties Nor viIoIlatioin of thilei equal opportunity clause as may, be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order, In addition, the Sub;-Reclipient agrees that if it fails or refuses to compty with these undertakings, the administering agency may take any or all of the following actions., cancel, terminate, or suspend in whole W the Sub -Recipient under the program with respect to which the failure or refund occurred untill satisfactory ?,ssurance of future compliance has been received from such Sub-Reclpient; and refer the case to the I Department of Justice for apipropriate legal proceedings. a ; 19 A ISF.419t IMM, MIM i I A incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following cllause: -i Wil" 1 11 n.101#111"unLgN 114112-11 ii, Subcontracts. The contractor or subcontractor shall insert in any III, "'WINW1111-111WINWINW1 1, g1f1=0 ill g gill &MCM31 am NO MAI W re - VVITMITTE"= I fldnue U;--� subcontractor or lower tier subcontractor with al�l of these contract cl"7,uses. 16 M . , OM ---1 21 M 111 11 liallm-Magm =0am'1111 . I M that exceeds $ 100,000 and involves the employment of, mech,an ics or taborers, then any such contract must include a provision for compliance with 40 U,&C, 3702 and 3704, as supplemented by Departmien of Labor regulations, (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be hours. Work in excess of the standard work week is permissible provided that the worker is compensat at a rte f nt less than one and a half times the basic rate of pay for afl hours or 0 wrkein excess of 4 , I aoon It hours in the work week. The requirements of 40 US.03704 are appficable to construction work and IT whiich are unsanitary, hiazardous or dangerous. These requirements do not apply to the purchases of suppiies or materials or articles winarfly available on the open market, or contracts for transportation. &JIMMIRVISMIJIM 0 : I - IN."Aft - q. 110011TIFIR11 INVIIIIN111111 111111111 171. ! ;1151g� 10 I A" i, Thiis contraict is a covered transaction for purposes of 2 CF.R pt�, 11180 and,2 C.F.R. pt. 30M As such the contractor is required to verify that none of the contractor, its principals (defined 180i.995), or its affiliates (defined at 2 CYR § 180.9015) are excluded (defined at 2 C.FR- § 180.940) or disqualified (defined at 2 CYR § 180 ,935), I ME HL ThiIsi certification is, a material representation of fact relied upon by the Divisiion. If it Is later determined thiat the contractor did not comply with 2 C. R R 11180, subpart C and 2 C. II Ra pt. 3000i, subpart C, in addition to remedies available to the Division, the Federal Government I may pursue available remedies, iinicWding but not limited to suspension ainId/or debarment, 1 -mag, M. -M llfq - U 11WIM krMI W—V I MEJ r# 7"TWAIRMA offer is, valIid and throughout the! period o1F. that may arise from this offer, The bidder or proposer further agrees, to include a, Is 1211111 -11111 all I is Jill 111 111 11 11 1 111 111 1! !J111 1 11111 Jill I M I lor All 2 111 iiIiiii lillrll I Byrd An,ti-Lobby,i,ng Amendment, 31 US.0 § 1352 (as amended)i. award. Such disclosure re forwarded from tier to fier up to the recipient. ��M§411111115UMW Willi I IIIIIIIII I I I I I I goods or services, then, in accordance with 2 C.F.R. §200-3211, the Sub -Recipient s,hall take the faflowing affirmative steps to assure that minority businesses,, worl business enterprises, and labor surplus area firms are used whenever, possible: Imillil ImIll 1!1!111!illili iiiiiiIiillill I i 1111711019370li- III I IMMIiiii iiiiii: 1 1111 IM M I zzm�� enterprises are solicited wheinever they are potential sources; quantities to permit maximum participation by small and minority busirnesses, and women's business enterprises; M 138 Commerce; and lg!!Jiililiw, I ?!!I DOW w . w w w. I, . socioeconomic contracting," does not impose an obligation to set aside eit.her the solicitation or award a coo these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above, c. The "socioeconomic contraGting" requirement outlines the affirmative steps that the I I X* A";W I I MI R -WIT M. steps to involve small and minority businesses and women's business enterprises. 1 I I I I 1211PIMINI 1111MINIII I a I EMMMEC-� w= smaller tasks or quantities to permit maximum participation, by small and minority busin�essesi, and women's business smaller coponents in, order to circumvent the mi:cro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"), wyj."� 0 139 INIMIMINIU11 1! MIR11 g!111, ",I zcffa�� EME�� MMU -MMU -IMI M Name and Title: j-", j aZAA- AM Laura DhuweDigitally signed by Laura Dhuwe Date: 2022.12.01 12:57:17 -05'00' LM 2M3MIEIM#II1MH3I11111W2�,- UMMIMMw� . . .......................... . - 01 -DEC -2022 w i E, If Federal Program Federal agency: Federal Emergengy Manguement Agency: Hazard! Mqiqatlon Gra Catalog of Federal Domestic Assistance title and number: 97 '.039 Award amount: 1246,832.50 1 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: * 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requiremen for Federal' Awards 'i remenj * The Robert T. Stafford Disaster Relief and Emergency Assistance Act,, Public Law 93-288, as, amended, 42 U.S.C. 51211 et seqand Related Authodfies 0 Sections 11361 (A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended b the National Flood Insurance Reform! Act of 1994, Public Law 103-325 and the Bunniing-Bereute Bluimen:auer Flood Insurance Reform! Act of 2004, Public Law 108-264 0 31 CF.R. Part 205 Rules and Procedures for Funds Transfers QIT13-2 -tu-fsa rl-r MT-MitilleactiviveT * gation Planning Project 2Siub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or willil be in violation of the terms of the Agreement. Ox, 141 Attachment A Watershed Master Planning Initiative Boynton Beach Watershed Management Plan Scoipe of Work and Budget Statement of Purpose 1510 1V is IN" We ra.il ffI FMw. I rufut mbltrallca Frolldill krtrir) N117 ur MUTRU F35111en rioncla Mcorn, "Uni I t e s. This project is funded through the Hazard Mitigation Grant Program (HMGP) DR -4337-004-13, as t* a6wr 4w ;. Watershed Master Plans, (WIVIN) throughout the state of Florida. The Project Manager for the Divis,ion will be:: Laura Dhuwe, Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 850_879-0872 Ag!gf §t1g012.L@ n n.i.09@9nn arruf Lqd�L t Scope of Work The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (WMP) for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research, and the creation of guidance materials to ensure a, consistent statewide approach to WMP development. Guidance materials produced in the WMP Pilot Program can be found at: !2% LqL// isaster.pfflLdp L I illi nitiative or L L(qat'qn/watershed:p!pnL_ nq��gprcLi/cwQ/clean ouse/. The Sub-Reicipienit may use other materials provided by ISO and located at Uit ps _qgv. The Sub -Recipient shall follow the Credit 41 I https://www.fema.gov/s,ites/defaullt/files/`d`ocuments"/fema-commiunity-rating-syste!m-coordor manual�_2017,pdf 2 hftps-//www,femagov/siites/default/files/docuiments/fema--Community-rating-system-coo,rdinatoiii manual - addendum-2021,pdf 3 See 20;17 CRS Coordinator's Manual at ,cj,,pLK�s�tes/dpfaui�t/fii�es/'�doe ei colmum L, L LkEL - _,2�qinatg)rs the 2021 Addent;T le Coordinator's Manual'at 29 142 Data lnvento[y and Collection: 1 Data inventory (used for initial flood modeling): a. Inventory of ground characteristics, (eg., soil type, impervious surfaces, wetlands) b. Inventory of existing drainage system c. Inventory of data availability 4. Locatiions, of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 5, Existing regulations and plans in place for reducing flood risks Initial Flood _Modeling 6. Forcurrent/existing conditions land use, future land use, and the fully developed watershed scenarios: 8. The plan must include, a strategy and action plan to address the results of the studies for: a, controlling the timing of peak flows to prevent or mini;miz�e problems: for the entire watershed due to new development, redevelopment, and fully developed co:ndit�ions b, the impact of climate change and sea level rise on fully developed conditions c. at least the 25 -year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25 -year rainfall event d, at least one event larger than the 25 -year rainfall event, with a list of possible solutions for addressing this event e. ensuring that flood hazards from the 1 0 -year and the 25 -year events are not Increased by future development (the 2 -year storm is also reicommendeid). 9i. The community must adopt the final plan, 10. If applicable, WM P plans more! than 5 years old must be evaluated' to ensure that they remain applicable to current conditions. For instance, are previ:oNns on hydrology, sea level .aw future land use still applicaible. tett v vun tit r u ups/u f u lt/files/d op Irvi titr /tLina cornrnuN -rtng,- a AyLstqLi� qqq[uILCL or- nianival addendum -2021.p M a SMY. !1UP —'sAfg-P ,S!t; and other materials provided by ISO located at hh, 30 i El K Deliverable 1: An (1) Oectronic copy of the preliminary Project Plan; (2) a separate electronic document listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3) a IT; If, M V MUM �ZM- R. I MINI!! 1@1 11111111qpp�! 1111TIN w7laimr* MGM iiiiii sea level rise whilchi, must at a minimum be used for the SL R evaluation During, the project, the Sub -Recipient's project team will submit preliminary data for a courtesy review to iM- ntify any areas where the project needs to focus on or modify. Additionally, the Sub-Rec:ipient will clairify in writing wNch tasks and efforts have already been completed prior to contract ex�ecution. With the mapping eff'orts, the Sub-Recipilent shaH provide the source and dates of data acquisition, locational accuracy, and map projection and coordinate system information of geospatiai data. Task 2 — Revise Draft W'MP and Submit Coimpleted WMIP After receiving feedback from the Division on the preliminary Project Plan from Task I (Deliverable 1), the Sub -Recipient shall finalize the flood modeHng process and submit their completed WMR At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WM�P'shiown above. The Sub -Recipient shall update their WMP, if revisions a+, based on the Division's feedback, and suibmit the completed WMP to the Division for review, 311 144 M� .w,. , M • M * M M.* *w M- w :M M � M w � r lima 11 .. MMM �- M M'w M.. . M ;; � r� M u w ww, *w .. * M MM • - NM M * M M w* M * provide Deliverable M the Division via email; to fthgog of r r All deliverables submitted' to the Project Manager or to the Division shall be completed by the Sub - it A Deliverables IM „�11 Deliverable Value Task I — Create Preliminary Project Plan based $191,92000 11 Month on Initial Flood MIX ". l M and Submit. "'.w *r.. Task 2 — Revise Draft WMP and Submi 137,190,00 Copl;qtte(� X,,329,110.0I Financial Consequences u, M r The failure to provide the Division with the required deliverables within the stated timelines shall] result a penalty of 5 % of the determined deli'verable amount for each late deliverable. Penalty may be waiv based w on reasonable explanation documentation by SuM e p Should the Sub -Recipient determine that there are significant barriers to conduct any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectation upon a M wl request frM the Sub-Recipient. It the Sub -Recipient fails to comply with any terms of the aigreement, the Division shall take one or mo of the followingM Disallow1, Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipieut, 2. all or part of the costactivityor action not in M ly a 3. Wholily or pairtialty suspend or * agreement for the Sub -Recipient's project; .. .� : « : w •: �•. M M •, lar.. :MM 145 4. Withhold further agreements for the project; or 5. Take other actions that are legalily allowed. Schedule of Work Number of Months, to Complete— ... .. ....... Initial PreCiminap�,,FI2j§tqt_Pl,an (Task 1) Total Period of Performance (miaximum of 12- onths): Total Period of Performgn & M-1 1,71 MM21 MIM Cost Item . . . ...... .. Pros jeclt-Cost Federal Share Non -Federal Share - Personnel Fringe Benefits Travel ---- ---------- -,E-�Uimta! ............... �1-11 S I ypplies Contractual $329,110M $246,832M _.w,82,27T.50 Other ProJect otall: $32%110.00] $246,8,32.50 $82,277.50 FundingIMS llllllp SumimaEy Totals Federal Share: i Iml In, IN Attachment B The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regiulations. (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 C.F.R. Parts 7, 9, 10, 13, 14, 17, 18, 25, 20 , 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and i I i I i !I i i 1 1: W I ffai.�Ilq Mail - g from which a struct�ure will be removed pursuant to the project. M 147 (1) The property wHI be dedicated and maintained in perpetuity for a, use that is compatible with open space, recreational, or weVands management practices; (2) No new, structure will be erected on property other than: a. a public facility that is open oni, all sides and functionally related to a designed open space; N oom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction: of the structure!; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and: (5) If any of these covenants and restrictions is violated by the owner or by some third party 'with the kn;owIedge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees, of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right,, tifle and interest in and to the propertyi, HMGP Contract Manager wiII evaluate requests for cost overruns and submit to the regional Di:reictor written determination of cost overrun eligibifity. Cost overruns shall meet Federal regulations set forth: in 44 C.F.R. §2'06.438i(b),, The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by aill State and Federalagencies participating in the NEPA process, As a reminder, the Sub-recipiient must obtain prior approval from the Staitei, before implementing changes to the approved project Scope of Work (SOW), Per the Uniform Administrative Requirements, for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must, "obtain prior written approval for any budg revision which result in a need for additional funds" (2 C.F'.Ri. § 200308),, (2) A change in the Scope of Work must be approved'by FEMA in advance regardless of t budget implications; and (3) The Sub -recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion or favorable conditions allowing Iower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty (60) days prior to the project epiration• a xdte. I The Sub-irecipient assures that it *11 comply with the followi ngii statutes and! reg ulations to thi. extent applicable: (1), 53 Federal Register 8034 (2) Federal Acquisition Regulations 31 2 (3) Section 13i52, Title 31US Co�de f4) Chapter 473, Fiorida Statutes (5) Chapter 215, Elorid Section 768,28, Florida_atatutes (7) ChapterFlorida Statutes, (8) Section 216i,181(6), Florid i Statutes :OR 148 (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112'. 061 , Florida Statutes (12) Immigirafion and Nationality Act (13) Section 286.011, Flohda Statutes (14) 2 C.F.R. Part 200 — Uniform Administrative RequirementCost Principles, and Audit Requirements for Federal Awards (115) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title, I of the Ominibulis Crime Control and Safe Streets Act of 1968 (17) J, uvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Oimnibus Crime Control and Safe Streets Act of 196,8, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (211) Subtitle A, Title I I of the Americans with Disabilities Act (AD,A) (1990) (22) Department of Justice regulations on disability discrimination, 28i C,F,R., Part 35 and Part 39 (23) 42 US.C. 5154a M 149 Statement of Assurances (d) All Sub -recipient contracts for which the State Legislature, is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub -recipient for eligiiibie contract work completed prior to the date the notice of suspension of funding was received by, the Sub-recipient�. Any cost incurred after a notice of suspen!sion or te!rmination received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub-rec:ipient contracts sha, 11 contain provisions for termination for cause or convenience and shafl provide for the method of payment in such event�; EMMEMCM= � (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.&C327 et seq., requirin that mechanics and laborers (including watchmen and guards) empioyed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours'worked in excess of forty hours in a, work week: and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 2�01 et seq., requiring that covere employees be paid' at least minimum prescribed wage, and also that thiey be paid one and one-half times their basic wage rates for al� hours worked in excess of the prescribii work -week, (1) Title VI of the Civil Righits Act of 1964 (P,.L. 88-352),, and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the, benefits of or be otherwise subjected to discrimination under any program or activity for which the recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real prop" or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub - 37 150 recipient, this assurance shall obligate the Sub-recipiient, or in the case of'any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services, or benefits; (2) Any prohibition against wn on the basis of age under the Age Discrimination, Act of 1975, as amended (42 U.S.Ci 6101-6107) which prohibits discrimination on the basis of age! orwith respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; f3) ExecutiveOrder 112�46, as amended by Executive Orders, 11375i and 12086i, and the regulations issued pursuant thereto, which provide that no person shall be discriminate against on the basis of race, color, religion, sex or national origin in all phases of empIoyment during the performance of federal or federally assisted constructio on cntracts; affirmative action to insure fair treatment in employment, upgradingo , dernoti or transfer,, recruitment or recruitment advertisingi; layoff/term,iination, rates of pay or othil forms of compensation; and election for training and apprenticeship; (I I g) It will estabfi�shi safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, I particularly those with whom they have family, business, or other ties pursuant to section 112,313 and sectio�ni, 112.3135, Florida Statutes; (h) I I wil�l comply with the Anti -Kickback Act of 1986, 41 U & C. Chapter 87 which outlaws and prescribes penalfies fobac:ks" of wages in federally financed'! or assisted constructon activities; It will comply with the provisions, oown as the Hatch Act) which limits the political activities of employees-, It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S,C, 50, including requirements regarding the purchase of flood insurance in communities where, such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hilads. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subisidy, disaster assistance loan or grantor any other form of direct or indirect Federal assistance; (k) It wiH require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "'Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 C.F.R. Section 101- 19.6 for general type buildings and Appendix A to 24 CY.R., Pa�rt 40i for residential structures, The Sub -recipient will be responsible for conducting inspections to eompliance with thesa specifications by the contractor; (1) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 196i9, comply with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.), Executive Order 1 15i93, 3,6 CiF.R., Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (54 U&C. 3125) by: 38 151 (1) Consulting with the State Historic Preservation Office to identify properties listed in N. eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (seei 36 C,F.R., Section 80iO.8) by, the proposed activity; and! (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties, (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agoncy,thei Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Ad'visory Council on Historic Preservation, (PA)" which, addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (N'HPA),, 54 U.S.C., and implementing regulations in 3i6 C.F.R., Part 800. awn v 9 W W V ..... . .... . (5) The Subi-rec�iplent agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited toi, subsurface Nance; removal of ees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm dirainsi, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will reM uest the SiHPO's opinioin on the potential that archeological properties may be present and be, affected by such acties, The SHPO will advise the Sub -recipient on any feasiN' le steps to beaccomplished to avod any National Register eligible archeoiogical property or will make recommendations for the deveIopmient of a treatment plan for the recovery or archeological data from the property, if the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic: Preservation (Council) publication "Treatment of Archeological Properties". The Sub-irecipient shall forward information regarding the N• plan to FEMA, the SHPO and the Council for review. If the SHP0 and the Council do not object within fifteen (15) calendar days of receipt of the treatment plani, FEMA may direct the Sub-reciplent to implement the treatment pila�n, If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub-irecipient shall notify the! Division and FEMA as soon as practicable-. (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMG,P project for a National Register eligible or Usted property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be 39 152 It will comply with applica6le provisions of the folilowingi! laws and policies prohibiting discrimination: I Title V1 of the Civil Rights Act of 1964, as amended, which prohibits disc:ri�mi nation base on race, color, or nationW origin (including limiited Engflsh proficiency), e.". Section 504 of the Rehabilitation Act of 1973, as amended'which prohibits discrilmina,ti based on disability. 3. TWe IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. 4Age Discrimination Act of 1975, which prohibits w on based on age. Department of Homeland Securftly regulation 6 C.F,R. Part 19, which prohibits discrimination based on reflrn in social service programs. (n) it wJ1H comply with Title IX of the Education Amendments of 1972, as amended (20i Ul.S,C11681- 1683 and 1685,-1686) which prohibits discrimination on the basis of sex; (0) it wiM comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and I i 4 Rehabilitation Act of 19i70i, (42 U.S.C. 4541-45-9 ) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; M 153 Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, coior or national origin; (u) It will comply with the Clean Air Act of 1955„ as amended, 42 U.S.C. 7401-7675; (v) It will comply with the Clean Water Act of 1977, as amended, 33 U.S.C. 1251-13,88 (w) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; W It will comply with the Intergovernmental Personnel Act of 1970, 42 UwS.C. 4701-4772; (Y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 54, U.S.C., (Z) It will comply with, environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1'1969, 42 U.S.C. 4321-4347, (aa) It will assist the awardling agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 54 U,&C. 3125 (bbl) It will comply with, the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination, (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300if-300j-27, regarding the protection of underground water sources; (dd) It willl comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Property Acquisition Policies, Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (ee) It will comply with the Witdand Scenic Rivers Act of 1955„ 16 U,&C 1271-1287, related to protecting components or potential components of the national wild and scenic, rivers system; R It will comply with the following Executive Orders', EO 11514 (NEPA), EO, 11738, (violating facilities); EO 111988 floodplain Management); EO 11990 (Wetlands): and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 Ul.S,C,, 3501-3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U,&C, 1451-14674-, and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661:1-668. (j)i) With respect to demolition activities, it will. (1) Create and make available documentation sufficient to demonstrate that the Sub - recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement, (2) Return the property to its natural state as though no improvements had ever been contained thereon® 41 154 (3) Furnish documentation of all' qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub -recipient's Jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection resuft for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide suiipervision over contractoirs or employees emi'Moyed by the Sub-reciplientl to remove asbestos and lead from demolished or otherwise applicable structures,. (6) Leave the demolished site clean, level and free of debris, (7) Notify the Division promptly of any unusual existing condition which hampers the contrailctoir"s work. (8) Obtain ali required permits. (9) Provide addresses and marked maps for each site where water wefls and septic tanks are to be closed' along with the number of wells and! septic tanks located on each site, Provide documentation of closures. I(1I 0) Comply with mandatory standards, and policies relating to energy effiGiency which are contained in the State Energy Conservation Plan issued in compliance with, the Energy Policy and Conservation Act (Public Law 94-163). (11) Comply with all appfleablIe standards, orders, or requirements issued under Section 112 and 306i of the Clean Air Act �42 U.SiC. 1857), Section 508 of the Clean Water Act (33 1251-1388), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R., Part 15 and 61). This clause shall] be added to any stiboottr?,cts. EN 155 Attachiment D (coint.) hi V-11 lig.-Awsl w "All i I" Aimillill 611 JAN I Ml 1 a] a ZUE1111111111gan am - PROJECT TYPE�Watershed Management Plan PROJECTM 43i37 -4 -Pg PROGRAM: Hazard NIffigation Grant Pi�oql�m CONTRACT M. H0861 ........ - ............... 2 REF NO2 . ........... . ................. IC AT'E3 ........ . ................. . . ................ ...... DOCUMENTATION 4 (Check) AMOUNT ELIGIBLE COSTS (100%) . . . .......... 3 . ..... . ...... . . .. ...... . ........ . ....... . . ... . .......... . . . ............... . . ... . ............................................ .. . ......... . ..... . .................... . ... . ... 6 7 8 This payment represen,ts . ...... . ....... conppletion the project. TOTAL M 157 Attachment E JUSTIFICATION OF ADVANCE SUB -RECIPIENT: City of M If M w w w w w w ■ w r w Advance! payment of `w ed. ,:payments will be made on a reimbursementbasis. These funds are needed to pay award benefits to clients, duplicate fw w purchase w suppliesw equipment. w, w not be w to operate the program withoutadyqtce, PLEASENOTE: Calculate your estimated expenses,...,... 100% :r w:expected needsw. 190) days.r NIwith the costbreakdown • w with Attachment E and all mil #I# Loll k I I iN M w M ESTIIMIIATE EXP ,N§E a BUDGET CATEGORY/LINE ITEMS 20®-201 Ant0ipated Expenditures for First Three (list applicable line Items) Months of Contract For exarniple ADMINISTRATIVE COSTS (include Secondary Administration.) For example PROGRAM EXPENSES TOTAL (EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide detailed justificatilonexplaining the ;.w for the cash advance.« de supporting documentation shows theadvance ill Mexpended within the first ninety W. Nj days of Mntract ter .rm. M w M... documentation M M Include quotesfor purchases,M expense projections, M provide Division reasonable ap necessary support thaadvance be expendedninety (9 0) days of r Any advance funds not expended (9 0) days of the contract term as evidenced by a M " of s " w:cancelledchecks as required Fthe BudgetandScopeof # showing 100% VA zxpenidituires,for the 90 w. period shall bereturned tothe Division, 2556 M Oak Boulevard,, Tallahassee,Florida 323,99, within thirty k days of M along with any interest ,itarned on r "® 158 SUB -RECIPIENT.' _ C of BEy it PROJECT#: 4337 PROJECT TYPE. Watwshed Management Pan CONTRACTM H01861 PROGRAM. Hazard Milfigation Grant Prograirn QUARTER ENDIIJ .......... Advance Payment Information: Advance Received * N/A E] Amount: $ Advance Settled? Yes El No El inancial Amount to Date: _§�i��qfpenditures to d & loca Target DatesState Agreement): Contract Execution Date: Contract Expiration Date: Date Deliverables Submitted: Closeout Requested! Date: Describe Milestones achieved during this, quarter: Project Proceeding on Schedule? E] Yes 0 No (if No, Describe under Issues below) Percentage of Milestones completed to Date: % Describe Activities - Milestones completed! this quarter only: Milestone Dates (estimated) Cost Statuw * Cost Unchanged 0 Under Budget E] Over Budget Cost / Financlial Comments: NOTE, Events may occur between quarterly reports, which have significant impact upon your project(s), such a's anticipated overrunis, changes in scope of work, extension&. Contact the Division as soon as these conditions are known, otherwise you could be non-compliant with your sub -grant award, Signature: — To be c9mg1eted ky Florida Division of EmgMency Management EMLect Man 1 ler L Project Manager Statement. Ell No Action Required, OR Eli! Action Required: PM Percentage of Activates completed per PM Review QR Milestones Spreadsheet % it Reviewed: Reviewer Prol Manager M 159 Attachment G Financial Management WRIAN11112=1 ....... . ... . ....... __ I requiremients of 2 CF,R, §200, Part D—Post Federa,l Award' Recluirements—Procurernient Standards (2 C,FR, 00.317 through 200i.327). Business Hours The Sub, -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 6.00 PM, Monday Thru F'riday, as applicabi . nwagiLyalwommi !111!li!il! TIMMINS EMMB=. M • UUTUMMIM The prospective subcontractor, I Of the Sub - mw. eciJMjent certifies b submission of this NY. w' thnit nAithnrn,rincIDaIIS,,, nor affiliateis alr! SUBCONTRACTOR Signature Name and Title 9.1 oyinton Beiach Sub-Reicipient's Name H!0861 UZT7717177-17 un ng a.ccounta6#fffaFtT-rmnaparency Act ITstructIons and WorktYeet 1:q.-a,#T,Tzw maz rMor-MI111211ils is. , . I Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data; regarding ws that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2iOO9, Pub. I . :11. A 0 9 1 Cl W W-1 1. -. 10 z 0 MMMI'tw a a11IN 1 0 IRMUNIGRID-101110 w 9 z $I n W . I : 116,11-6,114i"'NQ 413 1 il, 'I hol ol I FW w rFTUTM-nv I Mo. M&Tj---- -- i PROJECT M 43374-P, FUNDINGAGENCY� FoderalEmorgeng(Management,��ge:qnr-aI AWARD AMOUNT. .1211832.50-. Owe IGATIOWACTION DATE: Seple,mber2,018 SUBAWARD DATE (if applicable): 09/16/2022 1 UEID/SAM#. FYYfNUAVJDKC6 UEI�D/SAM# +4: M minutes MIs freeW,chiarge,i BUSINESS NAME: The City of Boynton Beach DBA NAME (IF APPLICABLE): Municipal Government r,WRESS LI 1 , ADDRESS CITY Boynton PARENT COMPANY applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): 97'.039 A',,: M[A JEW]'.I A,.A M- �N „„A A rw. A A AA 11 .A ".M. be adopted in the Sub-RecipientsMia Iql1illiql1l, ''111 1:179, 110 9.11: PRINCIPAL PLACE OFPROJECT PERFORMANCE (IF DIFFERENT TKAN PRINCIPAL PLACE OF' ADDRESS LINE 1 124 East Woolbright Road CESS LINE 2. ADDRESS LINE 3: CITY Boynton Beate STATE Fl. ZIP CODE+4" 334354615: FL 21 ht�Ms.lhvww.femiagom%hesldefaiuftffiles/documents/fe:mA A :.•A A AA IA ` A A'" A■ A A 'NY 71 A A SMA 'I.. I'' A..A, 50 fi U -N 1111;�!; gi all 11 111 1� 69 EXECUTIVE COMPENSATION INF2.RMATION; I , In your business or organiization's previous fiscal year, did your business Or organization (including parent organization, all branches, and all affiliates worldwide) receive �a)i 80 percent or more of your annual gross revenues from Federal procurement contracts (and suibcon�tracts),anid Federal: finiancial assistance (eg:. loans, grants, subgrants, and/or cooperative agreementsi, etc.) subject to the Transparency Act, as defined at 2 C.F.R170,320; , (b) $26,,000,,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes El 2. Does the; public: have access to information about the compensation of the executives in your I business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section, 13(a) or 151(d) of the! Securities Exchange Ad of 1934 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes M No [] xi require v a Wormation required In the "TOTAL COMPENSATION CHART FOR MOST'RECENTLY COMPLETED FISCAL YEAR"' appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", In rank ordier, In your, organization. For purposes of this request, the following terms apply as defined in 2 C.F.R. Ch. 1 Part 170 Appendix & Mggr,� is definedofficers, managing partners, or other employees in management positions". 30�� H. Awards of stock, stock optionsand stock appreciation rights. Use, the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with, the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under nwuity incentive plans. This does not include group health, hospitalization or medical reimbursement plains that do not discriminate in favor of executives, and are available generally to all salaried employees. Change in pension value, This is the change in present value of defined benefit and actuaria,'. pension plans. V11 Above -market earnings on deferred compensation which is: not tax -qualified, viOther compensation,, if the aggregate value of all such other compensation (e.g. severance, termination payments,, value! of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $1,0,000. 61 NAMIIE AND T[TLE: M . M,.� �� ct CATS". R9 uR file, w k `UR (Date Fretleriksen, Mara « is« II III :• « w;.'tor, Development a Mack, Andrew I i .«x NAMIIE AND T[TLE: M . M,.� �� ct CATS". R9 uR file, w k `UR VMM Me Appendix 11 to 2 C.F.R. Part 2001. It is the responsibility of the suila-recipient to include the requilred provis,ions. The following is a list of sample provisions from Appendix 11 to 2 C.F.R. Part 200 that may be requlired :7 Appendix 11 to Part 200—Contract Provisions: for Noin-Federal Entity Contracts Under Federal Awards 7 For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub - recipient may include the provision in its subcontracts. 53 `V AIMMIKU914VI 11111. 4 agreement," the recipient or Sub-reciplient must comply with the requirements of 3,7 C.F.R. Pal 401 "Rights to Inventionis Made by Nonprofit Organizations and Small Business Firms Under Govemment Granits, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency, (G) Clean Air Act (42 Ulo&C7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S,C. 12�51-13i87), as amended—Contracts and'! subgranits of amounts in excess of $1l50,0010 must IIs, contain a provisiion that requires the non -Federal award to, agree to comply with aH applicable standard orders or re ulations, issued rursuant 1:4161w;flwEi*Ro111 0 0 1 0 0 1 11 (K) See 2 C.KR, §200,216 Prohibition on certain telecoation and videio surveillance sell or equipment. Jill&* �I iffliff flk7p"j I 1=1:111111111 .Vill 111 jjT i !11�!m; i UYA FEMA created the 2019 PDAT Contract Provisions Template to assist non -Federal entifies, It is available at hLtp.LLNO�j ita 1569959119092-, 92,,3i58d63eOOdl763gd5d�b4d�eOI5184c9/PDAT ContractProvisions' 9-30- ^Wk�y,# contracts meets the requirements of 2 CFR. § 200.327 and 2 C.F.R. Part 200, Appendix A RR M.L., Check the appropriate box. 99 This Clertffication Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $1001,000 pursuant to 2 C.F.R. Part 200, Appendix 11(t)!; 3,1 U&C. § 1352; and 44 C.F.R. Part 18. 0 This Cercation is rLot required because w Grant, Loan, or Cooperative Agreen*nt will be less than $1100,0010. EEMMEM I'll, ............... undersigned shall require that the language of this certificabon be included in the award I I N ocuments for all subawards at all tiers, (in,dUding subcontracts, subgfants, and contracts under girants, loans, and cooperative agreements) and that all subrecipients, shall certify and disdose accordingly. jjW7*Ijjj � IlJ 11, !i�mI, I I - 111111M��11 I i IN understands and agrees that the provisions of 31 U,S,C. Chap. 38, Administrative Rernedies, for False Clalims and! Stat e, appty fill"dification and disclosure,, if any. Signature of Sub-Recipie!nt/subco,ntractoe's AuthorizeNib a Narndand Title of Sub-Recipient/subcontract6es Authorized Official Date M 169 I RESOLUTION NO. R22 -i69 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 SUBiRECIPIEN�T GRANT AGREEMENT NO. H0861 WITH THE FLORIDA 6 DIVISION OF EMERGENCY MANAGEMENT AGEN CY (FDEM) HAZARD 7 MITIGATION GRANT PROGRAM (HMGP) IN THE AMOUNT OF 8 $2�46,8i32.501 FOR THE CITY'S WATERSHED MANAGEMENT PLAN; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Community Rating System (CRS) is a voluntary program under tht 13 Federal Emergency Management Agency (FEMA) allowwig communities to earn flood, 14 insurance discounts of up to 45%; and 15 WHEREAS, Under FE A's National Flood Insurance Program (NFIP), cities and 16 non -incorporated areas can earn points for conducting floodplain management activities 17 that surpass the rnininiurn NFIP requirements; and 18 WHEREAS, The City of Boynton Beach is currently a CRS Class 5 cornmunity, 19 achieving up to 25% discount on flood insurance policies, however, for the City to achieve 20 a CRS Class 4 ranking the City needs to create and adopt a Watershed Master Plan; and 21 WHEREAS, on June 16, 2022, the City Submitted an application for funding to 22 prepare a Watershed Master Plan, coordinating with FEMA reviewers to ensure acceptance 23 and approval of the, Master Plan documents to fulfill CRS, Class 4 requirerylents; and 24 WHEREAS, The requested grant funding for the project is $3291,110.00, of which 25 Federal funding in the amount of $246,832.50 will be awarded to the City Under Grant 26 Agreement No. H0861 and the, City's required 25%, match of $82,277.50 is available in the 27 Utilities CIP Budget. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 29 OF BOYNTON BEACH, FLORIDA, THAT: 30 311 Section 1. The foregoing "Whereas" clauses are hereby ratified and confin-ned as 32, being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. llannd Mitigation hopam Goant ("'weirs'dwd Mmiakenivni Man 2022, - )deso Don 170 34 Sec+ tion, 2. The, City Commission approves and authorizes the Mayor to sign 3,5 the Subrecipient Grant Agreement No. H0861 with the Florida Division of Emergency 36 Management Agency (F EM) Hazard Mitigation Grant Program (HMG,P) in the amount of 37 $246,832,50 for the City's Water -shed Management Plan, a copy of which is attached hereto 38 and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 14th day of November, 2022'. CITY OF IBOYNIITON BEACH, FLORIDA YES NO Maylle,e City CIE (Corporate Seal) 04�,+. Mayor Ty Penserga Vice Mayor -- Angela Cruz . ..... . . Comr-nissi,oner - Woodrow L. Hay Cornrnissioner - Thornas Turkin Commissioner - Aimee Kelley VOTE U� MIPA, C C,�,( Ty Penserga Mayor. APPROVED AS, TP.',FOR� / M�l Michael , Grullo, Jr. City Attorney S I Wald m1figation hogram Oam (Watetdied Nhmagement Phn 2022) - Rcso 04wx 171 6.E Consent Agenda 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Annual estimated expenditures for AT&T Mobile Communication Devices. Requested Action by Commission: Approve an increase to the annual estimated expenditures for AT&T Mobile Communication Devices, piggybacked from state contract # DMS -19/20-006A to $75,000. Explanation of Request: In January 2022 the Utility Department decided to switch their mobile communication devices from Verizon, Inc. to the AT&T FirstNet System, State Contract Piggyback # DMS -19/20- 006A. This decision allows the Utility Department to take advantage of the Public Safety Network which is designed for First Responders and those who ensure public safety. The federal government set aside Band 14 spectrum specifically for the Public Safety Network to ensure public demand does not jam the networks and First Responders have fast and reliable communication when needed. It is the Utility Department's top priority to provide safe drinking water and wastewater removal for the residents of Boynton Beach and those in the Utility service area by ensuring we have constant communication between the office and field staff on a daily basis and in the event of a catastrophic event. The Utility Department has slowly been adding cell phones, modems, and tablets to this network for a total of 125 devices. At an average cost of $50 per device, the Utility Department plans on spending $6,250 per month, $75,000 per year. How will this affect city programs or services? Provide improved customer service by having fast and reliable communication between the office and field staff. This will reduce response time for emergency repairs, reconnects, and other customer requests and ensure reliable communication in the event of a catastrophic event. Fiscal Impact: Item cost of $75,000 is included in the Operational Utility budget. There is no 172 additional fiscal impact. Attachments: AT&T DMS19-20-006A State of FL Contract AT&T Piggyback state of florida.pdf 173 D"',pal tmei 0 �MANAG ti CERVICES Office of the Secretary 4050 Esp�anade Way Tallahassee, FL 32399-0950 850-488-2786 � =,ajzMMK1,E= CONTRACT FOR MOBILE COMMUNICATION SERVICES CONTRACT NO: DMS -19/20-006A BETWEEN THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES UdIAD AT&T CORP. Contract No.: DMS -19/20-006A Mobile Communications Services Page 1 of 28 174 CONTRACT Table of Contents: SECTION 1. CONTRACT TERM AND TERMINATION............................................................. 3 SECTION 2. CONTRACT DOCUMENTS AND HIERACHY...................................................... 4 SECTION 3. PAYMENT AND FEES......................................................................................... 5 SECTION 4. CONTRACT ADMINISTRATION.......................................................................... 7 SECTION 5. CONTRACT MANAGEMENT............................................................................... 9 SECTION 6. COMPLIANCE WITH LAWS................................................................................10 SECTION 7. WORKERS' COMPENSATION, GENERAL LIABILITY INSURANCE, INDEMNIFICATION, AND LIMITATION OF LIABILITY.............................................................12 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY...................................................................................................14 SECTION 9. DATA SECURITY REQUIREMENTS..................................................................15 SECTION 10. GRATUITIES AND LOBBYING.........................................................................18 SECTION 11. CONTRACT MONITORING..............................................................................18 SECTION 12. CONTRACT AUDITS........................................................................................20 SECTION 13. BACKGROUND SCREENING AND SECURITY................................................21 SECTION 14. COMMUNICATIONS AND CONFIDENTIALITY................................................23 SECTION 15. LICENSING.......................................................................................................24 SECTION 16. PERFORMANCE BOND...................................................................................24 SECTION 17. CUSTOMER OF RECORD................................................................................25 SECTION 18. SPECIFIC APPROPRIATION............................................................................25 SECTION 19. MISCELLANEOUS............................................................................................25 Exhibits: Attachment A — Definitions and Acronyms; Attachment B — Final Statement of Work: Exhibit 1 to Attachment B — Public Safety Additional Response Attachment C — Final Service Level Agreements; Attachment D — Contractor's Pricing, including: Exhibit 1 to Attachment D — Vendor's Services and Discounts Pricing Exhibit 2 to Attachment D — Vendor's Device List Attachment E — Instructional Document for Request for Best and Final Offer to ITN DMS -19/20- 006 Attachment F — ITN DMS -19/20-006 Contract No.: DMS -19/20-006A Page 2 of 28 Mobile Communications Services 175 CONTRACT This Contract is between the STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES (Department), an agency of the State of Florida, with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and AT&T Corp. (Contractor) with offices at 208 South Akard Street, Dallas, TX 75202, each a "Party" and collectively referred to herein as the "Parties." The terms "Party" and "Parties" are defined as provided in this paragraph whether capitalized or not, unless stated otherwise. The Parties enter into this Contract (Contract) in accordance with Chapters 282 and 287, Florida Statutes (F.S.), and with the negotiated terms and conditions of Invitation to Negotiate, DMS - 19/20 -006, Mobile Communication Services. SECTION 1. CONTRACT TERM AND TERMINATION 1.1 Initial Term The initial term of the Contract will be five (5) years and will begin on the date the Contract is signed by all Parties. 1.2 Renewal Upon written agreement, the Department and the Contractor may renew the Contract, in whole or in part, for up to five (5) renewal years in accordance with section 287.057(13), F.S., and Rule 60A-1.048, Florida Administrative Code (F.A.C.). 1.3 Suspension of Work and Termination 1.3.1 Suspension of Work The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Department may, at its sole discretion, suspend the Contract at any time, when in the best interest of the Department or Customer, as defined in Attachment A, Definitions and Acronyms, to do so. The Department will provide the Contractor written notice outlining the particulars of suspension and the effective date of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the specified activities associated with the Contract. Notwithstanding the foregoing, the suspension of wireless services under the Contract is limited to two (2) ninety (90) day periods (a total of 180 days) per twelve (12) month period. Within ninety (90) days, or any longer period agreed to by the Contractor, the Department will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract for convenience. If the Department fails to provide notice in accordance with this section, suspended lines will be automatically restored to active billing status on the 91 st day following each suspension period. Suspension of work will not entitle the Contractor to any additional compensation. However, the Customer will remain responsible to compensate Contractor for services ordered and delivered under the terms of this Contract through the date of termination. For the avoidance of doubt, the Contractor will not be compensated for any suspended services during the time of suspension. Contract No.: DMS -19/20-006A Mobile Communications Services Page 3 of 28 11 1.3.2 Termination for Convenience The Contract may be terminated by the Department in whole or in part at any time, when, at the sole discretion of the Department, it is deemed to be in the best interest of the State of Florida to do so. The Department shall provide Contractor thirty (30) days' advanced written notice of such termination. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed, prior to the termination, for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 1.3.3 Termination for Cause If the performance of the Contractor is not in compliance with the Contract requirements the Department may, at its sole discretion, (a) terminate the Contract pursuant to Rule 60A-1.006, F.A.C, by notifying the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified timeframe, which shall generally not be less than thirty (30) days from such notice, or (b) take other action deemed appropriate by the Department. 1.3.4 Termination Assistance In case of termination, whether for cause or for convenience, the Contractor will provide prompt and thorough transition assistance and cooperation, including as specified in Subsection 3.24, Transition for Future Iterations of this Service, of the Statement of Work (SOW). SECTION 2. CONTRACT DOCUMENTS AND HIERACHY The Contract including any exhibits referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. The Contract consists of the documents listed below, and in the event any of these documents conflict, the conflict will be resolved in the following order of priority (highest to lowest): 1. This Final Contract document; 2. Attachment A — Definitions and Acronyms; 3. Attachment B — Final Statement of Work: a. Exhibit 1 to Attachment B — Public Safety Additional Response 4. Attachment C — Final Service Level Agreements; 5. Attachment D — Contractor's Pricing, which consists of: a. Exhibit 1 — Vendor's Services and Discounts Pricing (i.e., End -User Price List) b. Exhibit 2 — Vendor's Device List 6. Attachment E — Instructional Document for Request for Best and Final Offer to ITN DMS - 19/20 -006; and 7. Attachment F — ITN DMS -19/20-006. In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000, is included herein by reference but is superseded in its entirety by the Contract. Contract No.: DMS -19/20-006A Mobile Communications Services Page 4 of 28 177 SECTION 3. PAYMENT AND FEES 3.1 Price Adjustments Pricing may be updated in accordance with SOW Section 1.5, Update Process to End User Price Lists and Vendor's Equipment List. 3.2 Price Decreases During the term of the Contract (including renewal years), the Department encourages the Contractor to offer price decreases that are in line with increased efficiencies and added infrastructure enhancements. The Department reserves the right to further negotiate reduction in pricing for the renewal years. The following additional price decrease terms apply: 3.2.1 Volume Discounts Contractor may offer additional discounts for one-time delivery of large single orders. 3.2.2 Competitive Pricing The Parties agree to review on an annual basis the competitiveness of the prices stated in the Contractor's most recent EUPL for services, features and devices by comparing the combined pricing for all services, features and devices provided under this Contract to the combined pricing charged by Contractor to any similarly situated United States State government customer for a mix of services, features and devices substantially similar in scope and volume to those provided under this Contract, taking into account the particular characteristics of both contracts such as performance standards, pricing terms, and contract terms and conditions. If after review the Parties determine that such similarly situated customer of the Contractor is receiving services, features and devices from the Contractor at a combined price below the pricing on the Contractor's current EUPL, the Contractor shall submit an updated EUPL with revised lower pricing; except that Contractor will have no obligation to amend pricing to the extent that the combined price difference results from services, features and devices provided by third parties, unless and to the extent that Contractor can obtain reduced pricing from such third parties using reasonable efforts. In connection with the review described in this Section 3.2.2, Contractor has no obligation to provide DMS with Contractor's or its subcontractors' or suppliers' trade secrets or confidential information not otherwise required to be provided under this Contract. 3.2.3 Sales Promotions In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period provided the Customer meets all qualifications of the promotion. Contractor must submit documentation to the Customer and to the Department identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices. Contract No.: DMS -19/20-006A Mobile Communications Services Page 5 of 28 178 3.3 Purchase Orders and Communication Service Authorizations A Customer may use Purchase Orders (POs) issued through MyFloridaMarketPlace (MFMP) or Purchase Orders issued through the Communications Services Authorization and Billing (CSAB) system (known as Communication Service Authorizations (CSAs) to buy commodities or services. The Department may also issue POs or CSAs on behalf of Customers. The Contractor must provide commodities or services pursuant to POs or CSAs. The PO or CSA period of performance survives the expiration of the Contract. All terms and conditions of the Contract will be incorporated into the PO or CSA and will survive the termination of the Contract. The duration of POs or CSAs must not exceed the expiration of the Contract by more than twelve (12) months, unless they have been entered into pursuant to an Extended Pricing Plan, in which case they may not exceed the expiration of the Contract by more than thirty-six (36) months. Extended Pricing Plans are discounted prices offered in exchange for a Customer's commitment to lease commodities or purchase contractual services for an extended time. Requested terms and conditions may be added to the PO, subject to negotiation between the Customer and Contractor. 3.4 Payment Invoicing Payment will be made in accordance with section 215.422, F.S. The Contractor will be paid upon submittal of an invoice to the Department, or Customer if direct billed, after delivery and acceptance of commodities or contractual services is confirmed and the invoice is accepted by the Customer. The Contractor shall submit invoices for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post - audit, and electronic invoices should include the Contract number and the Contractor's Federal Employer Identification Number. The Department reserves the right to request additional documentation as needed, and Contractor will follow all invoice directives in the SOW and this Contract document. Contractor shall identify/flag all State agency Customer accounts as "Government Accounts" for which service will not be interrupted due to an outstanding balance, disputed amount owed, or late payments due without prior receipt of a written notice of nonpayment, three (3) contact attempts, and a minimum sixty-one (61) day period after payment due date for State agency Customers to cure a payment default. 3.5 Travel Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and, if authorized, may be reimbursed only in accordance with section 112.061, F. S. 3.6 Annual Appropriation Pursuant to section 287.0582, F.S., the Department's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 MyFloridaMarketPlace Transaction Fee The State of Florida, through the Department, has instituted MFMP, a statewide eProcurement system. Pursuant to section 287.057(22), F.S., all payments issued by Customers to the Contractor for purchases of commodities or contractual services will be assessed a Transaction Fee as prescribed by Rule 60A-1.031, F.A.C., or as may otherwise be established by law, which the Contractor shall pay to the State. For payments within the State of Florida accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contract No.: DMS -19/20-006A Mobile Communications Services Page 6 of 28 179 Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to subsection (2) of Rule 60A-1.031, F.A.C. By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State of Florida or its designee. The Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in breach. VENDORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 3.8 Taxes Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer unless authorized by Florida or Federal law. The Contractor is authorized to collect government -imposed taxes, surcharges, and fees. 3.9 Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor by the Department or Customer. The Contractor must return any overpayment within two (2) billing cycles after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT ADMINISTRATION 4.1 Department's Contract Administrator The Department's Contract Administrator, whose primary responsibility will be to maintain the Contract file, is as follows: Caitlen Boles Departmental Purchasing Department of Management Services 4050 Esplanade Way, Tallahassee, FL 32399 Telephone: (850) 410-1423 Email: Caitlen.Boles(a)dms.fl.gov In the event that the Department changes the Department's Contract Administrator, the Department will notify the Contractor's Contract Manager in writing via email and document such in the Contract file. Such changes do not require a formal written amendment to the Contract. 4.2 Department's Contract Manager The Department's Contract Manager, performance of the Contract terms and Contractor, will be as follows: Contract No.: DMS -19/20-006A Mobile Communications Services who is primarily responsible for enforcing the conditions and will serve as a liaison with the Page 7 of 28 180 Jonathan Rakestraw Division of Telecommunications Department of Management Services 4030 Esplanade Way, Tallahassee, FL 32399 Telephone: (850) 921-0857 Email: ionathan.rakestraw(cr�dms.fl.gov In the event that the Department changes the Department's Contract Manager, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract. 4.3 Department's Product Manager The Department's Product Manager, who is primarily responsible for monitoring the performance of the Contract terms and conditions and will serve as a liaison with the Contractor, will be as follows: Raghib Quereshi Division of Telecommunications Department of Management Services 4030 Esplanade Way, Tallahassee, FL 32399 Telephone: (850) 413-0319 Email: raghib.gureshi(aDdms.fl.gov In the event that the Department changes the Department's Product Manager, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract. 4.4 Contractor's Contract Manager The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be as follows: Linda Cottingham AT&T Corp. 5737 Gibson Place, Granite Bay, CA 95746 Telephone: (916) 740-4498 Email: Ic4267@att.com In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department's Contract Manager in writing via email. Such a change does not require a formal written amendment to the Contract. 4.5 Contractor's Account Manager The Contractor's Account Manager, who will serve as a liaison with the Department's Contract Administrator, will be as follows: James Gwynn AT&T Corp. 1820 E Park Avenue, Suite 200, Tallahassee, FL 32301 Telephone: (850) 228-3565 Email: jg123r@att.com Contract No.: DMS -19/20-006A Mobile Communications Services Page 8 of 28 181 In the event that the Contractor changes its Account Manager, the Contractor will notify the Department's Contract Manager in writing via email. Such changes do not require a formal written amendment to the Contract. SECTION 5. CONTRACT MANAGEMENT 5.1 Notices All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested, reputable air courier service, email, or personal delivery, or as otherwise identified herein or by the Department. 5.2 Change Request The Department's Contract Manager may authorize operational changes to services and infrastructure that do not have a pricing impact (non -billable changes) via a written change request to the Contractor. Such authorized operational changes do not require a Contract amendment but will be memorialized in writing and placed in the Contract Managers' files. The Department reserves the right to make the final determination if a change request or Contract amendment is required. Any change that would allow the Contractor to offer less of any deliverable, including commodities, services, technology, or software, requires a Contract amendment. Equipment List and End User Price List updates must be made in accordance with SOW Section 1.5, End User Price Lists (EUPLs) and Vendor's Device List, and do not require an amendment or change request. 5.3 Diversity Reporting The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo(a)-dms.myflorida.com. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract. 5.4 Designated Centralized Nonprofit Agency Subject to the agency determination and to the extent applicable as provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE Contract No.: DMS -19/20-006A Mobile Communications Services Page 9 of 28 182 PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about the designated centralized nonprofit agency and the commodities or contractual services it offers is available at https://www.dms.myflorida.com/business operations/state purchasing/state contracts and agreements/(contractType)/4577. 5.5 PRIDE Subject to the agency determination and to the extent applicable as provided for in sections 946.515 and 287.042(1), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at.http://www.pride-enterprises.org. SECTION 6. COMPLIANCE WITH LAWS 6.1 Conduct of Business The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. These may include, but are not limited to, Chapters 282 and 287, F.S., Subtitle 60FF, F.A.C., the Communications Assistance for Law Enforcement Act, the Payment Card Industry DSS, IRS Publication 1045, Section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act„ and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The Contractor must comply with and must assist the Department and Customers with compliance with Subtitle 60FF, F.A.C., (and Subtitle 6000, F.A.C., if applicable). 6.2 Dispute Resolution, Governing Law, and Venue Any dispute concerning performance of the Contract, which is not resolved by mutual agreement of the Parties, will be promptly submitted in writing to the other party in accordance with Contract Section 5.1, Notices. The Parties shall designate individuals with authority to resolve the dispute, which for the Department, will be the Department's Contract Manager, and such individuals shall work diligently and in good faith to resolve the dispute within sixty (60) days. If the dispute cannot be resolved after sixty (60) days, the dispute shall be decided by the Department's Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Department's Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy Contract No.: DMS -19/20-006A Mobile Communications Services Page 10 of 28 183 is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county within the State of Florida chosen by the Department. 6.3 Department of State, Registration Consistent with Chapters 605 through 623, F.S., the Contractor must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 6.4 Suspended, Convicted, and Discriminatory Vendor Lists In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List during the term of the Contract. 6.5 Scrutinized Companies—Termination by the Department The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Notwithstanding the foregoing, the Parties are aware of the Eleventh Circuit Court's decision in Odbrecht Constr. v. Secy, Fla. DOT, 715 F.3d 1268 (11th Cir. Fla. 2013), and agree that the provisions of sections 287.135(1)-(5), F.S., pertaining to a company engaged in business operations in Cuba or Syria shall not apply to this Contract unless and until the Eleventh Circuit Court's decision in Odebrecht Constr. v. Secy, Fla.DOT, 715 F.3d 1268 (11th Cir. Fla. 2013) is overturned. 6.6 Cooperation with Inspector General Pursuant to section 20.055(5), F.S., Contractor, and its subcontractors, if any, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the Contract No.: DMS -19/20-006A Mobile Communications Services Page 11 of 28 184 suspension or debarment of the Contractor. Such costs include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 6.7 E -Verify The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E -Verify system for all newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E -Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the DMS Contract Manager within five (5) days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub -paragraph (2)(c)1, and the Department's obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one (1) year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. SECTION 7. WORKERS' COMPENSATION, GENERAL LIABILITY INSURANCE, INDEMNIFICATION, AND LIMITATION OF LIABILITY 7.1 Workers' Compensation Insurance The Contractor shall maintain Workers' Compensation insurance in compliance with the statutory requirements of the state(s) of operation, as evidenced by a Certificate of Insurance satisfactory to the Department, for the protection of employees not otherwise protected. The Contractor must require all subcontractors to similarly maintain Workers' Compensation Insurance for all of the latter's employees. 7.2 General Liability Insurance At all times during the duration of the Contract, the Contractor, at its sole expense, and its subcontractors, if any, shall carry insurance coverage of such types and with such terms and limits as may be reasonably associated with the Contract. All insurance shall be with insurers authorized to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide the Department with Certificate(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured within thirty (30) days after Contract execution and on the Contract anniversary date each year of the Contract. Upon receipt of notice from its insurer(s), the Contractor must submit via email, to the Department's Contract Manager, notice of any cancellation of any required insurance that is not replaced at least thirty (30) calendar days prior to cancellation. In the event of cancellation, the Contractor will be responsible for securing a replacement insurance policy in accordance with this section within thirty (30) Business Days after the final date of the cancelled policy. Contract No.: DMS -19/20-006A Mobile Communications Services Page 12 of 28 185 7.3 Indemnification The Contractor agrees to indemnify, defend, and hold the Department, Customers, and the State of Florida, its officers, employees, and agents harmless from all third -party fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right or out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Department. However, the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State, the Department, or a Customer, nor shall the foregoing indemnification obligations apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Department and Customer the right to continue using the product or to modify it, in accordance with the Contract terms and conditions, to become non -infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer and Department the right to continue using the product, the Contractor shall remove the product and refund the Customer and Department the amounts paid in excess of a reasonable rental for past use. The Department and Customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the Department or State or Customer giving the Contractor: (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. 7.4 Limitation of Liability For all claims against the Contractor under any PO, CSA, or contract entered into under this Contract, and regardless of the basis on which the claim is made, the Contractor's liability under such a PO, CSA, or contractfor direct damages shall be limited to the greater of $100,000 or two (2) times the dollar amount of such PO, CSA, or contract. Unless otherwise specifically enumerated in the Contract, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. Contract No.: DMS -19/20-006A Mobile Communications Services Page 13 of 28 The limitations of this section do not apply to the Contractor's obligations under section 7.3. Indemnification, and section 9.5, Other Indemnifications and Credit Monitoring, of the Contract. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY 8.1 Public Records Solely for the purpose of this section, the Department's Contract Manager is the agency custodian of public records. If, under this Contract, the Contractor is providing services and is acting on behalf of the Department, as provided in section 119.0701, F.S., the Contractor shall: 1. Keep and maintain public records required by the Department to perform the service. 2. Upon request from the Department's custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the Department. 4. Upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED FOR THE CONTRACT MANAGER. 8.2 Protection of Trade Secrets or Confidential Information If the Contractor considers any portion of materials made or received in the course of performing the Contract ("contract -related materials") to be trade secret under section 688.002 or 812.081, F.S., or any other applicable law, or otherwise confidential under Contract No.: DMS -19/20-006A Mobile Communications Services Page 14 of 28 187 Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to contract -related materials it has designated trade secret or otherwise confidential. If the Department is served with a request for discovery of contract -related materials designated by the Contractor as trade secret or otherwise confidential, the Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated trade secret or otherwise confidential if the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential. The Contractor will protect, defend, indemnify, and hold harmless the Department for third - party claims, costs, fines, and attorney's fees arising from or relating to its designation of contract -related materials as trade secret or otherwise confidential. 8.3 Document Management and Record Retention The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to the Contract, including those required by Section 6.6, Cooperation with Inspector General. Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at:http://dos.myflorida.com/library-archives/records-management/general-records- schedules/. 8.4 Intellectual Property No provision of this Agreement shall be construed as vesting in the Department any control, ownership or rights in any facilities, operations or intellectual property of Contractor. The Parties agree that this Contract does not contemplate any development work, e.g., of software or any other intellectual property, for or on behalf of Customer that requires additional IP ownership rights to vest in Customer. In the event the Parties agree that the Contractor will perform custom development work for or on behalf of Customer, which development work warrants the license or assignment of additional IP rights to Customer, the Parties shall enter into a separate agreement setting forth the work to be completed, the fees to be paid, and the rights to be assigned. SECTION 9. DATA SECURITY REQUIREMENTS 9.1 Duty to Secure State Data The Contractor will implement and maintain best practices for technical and organizational controls to protect the security of State Data, including, but not limited to, keeping a secure area around any displayed or otherwise visible State Data and such data is stored and secured when not in use. The Contractor will be responsible for ensuring that all Persons it contracts with to maintain, store, or process State Data on its behalf will comply with all data security requirements of this section. The Contractor will also comply with any other applicable State or federal rules and regulations regarding security of information. The Contract No.: DMS -19/20-006A Mobile Communications Services Page 15 of 28 188 State will remain the owner of all State Data and any other data made available by the State to the Contractor pursuant to this Contract. Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services under this Contract from outside of the United States. Notwithstanding the previous statement, services under this Contract relating to help desk services, system maintenance, and order processing review may be performed outside of the United States. Access to data that is not classified as personal information pursuant to section 501.171, F.S., or data that is not classified as confidential or exempt pursuant to any other Florida or federal law is allowed from outside the United States under this Contract, provided that the access is provided in compliance with Chapter 6000-2, F.A.C. Except as provided above, the Contractor will not allow, through its action or inaction, any State Data to be sent by any medium, transmitted, or to be Accessed outside of the United States. The Contractor will not store any State Data outside of the United States. The Contractor shall comply with section 501.171, F.S. The Parties agree that the Contractor shall provide the notifications required by sections 501.171(3) and (4), F.S. on behalf of the Department, in accordance with section 501.171(6)(b), F.S. 9.2 State Data Access The Contractor shall retain a list of all Persons, as defined in Attachment E — Definitions and Acronyms, with Access to State Data, including a statement confirming that each Person has passed the background screening required herein. This statement shall not include the substance of the screening results, only that the Person has passed the screening. The Contractor shall follow and maintain its written security policy. The security policy or a high-level summary of the security policy subject to DMS acceptance is subject to disclosure within thirty-six (36) hours upon written demand by the Department or its designated agents or auditors and are subject to audit and screening. The security policy may be substituted with a high-level summary of the security policy. The high-level summary of the security policy is subject to DMS acceptance. The Contractor shall document and record, with respect to each instance of Access to State Data: 1. To the extent known, the identity of all individual(s) who Accessed State Data in any way, whether those individuals are authorized Persons or not; 2. The duration of the individual(s)' Access, including the time and date at which the Access began and ended; 3. The identity, form, and extent of State Data Accessed, including, but not limited to, whether the individual Accessed partial or redacted versions of State Data, read-only versions of State Data, or editable versions of State Data; and 4. The nature of the Access, including whether the State Data was edited or shared with any other individual or entity during the duration of the Access, and, if so, the identity of the individual or entity. The damages that would result from the Contractor's failure to compile, retain, and provide access to the written policy (or the aforementioned high-level summary) and information Contract No.: DMS -19/20-006A Mobile Communications Services Page 16 of 28 189 required in this subsection are by their nature impossible to ascertain presently and will be difficult to ascertain in the future. The issues involved in determining such damages will be numerous, complex, and unreasonably burdensome to prove. The Contractor therefore agrees to credit the Department the sum of $5,000 for each breach of this subsection. The parties acknowledge that these credits are liquidated damages, exclusive of any other right to damages, not intended to be a penalty, and solely intended to compensate for unknown and unascertainable damages. 9.3 Violations of Data Security Requirements A "Security Breach" in this Section 9 means an unauthorized Access of State Data while it is within the Contractor's control. Good faith Access of State Data by a Person, as defined in Attachment E — Definitions and Acronyms, does not constitute a security breach, provided that the information is not used for a purpose unrelated to the furtherance of the Contract or subject to further unauthorized Access. However, unauthorized Access includes incidents where Persons with authorized Access for certain purposes otherwise gain Access for unauthorized purposes. The Contractor agrees that a Security Breach, including any violations of Section 9. 1, Duty to Secure State Data, will entitle the State to a credit commensurate with the Department and Customer's internal staffing and administrative costs associated with managing the Security Breach or violation of Section 9. 1, Duty to Secure State Data, as determined by the Department. Such credits will not preclude the State from recovering other damages it may suffer as a result of the Security Breach or violation of Section 9. 1, Duty to Secure State Data. 9.4 Notification Requirements In the event of a Security Breach, including any violations of Section 9.1, Duty to Secure State Data, or a credible allegation of a Security Breach or violation of Section 9.1, Duty to Secure State Data (as determined by the Contractor or the Department), the Contractor must notify the Department's Contract Manager and the affected Customer as expeditiously as practicable in writing or by phone, but in all instances no later than one (1) Business Day of confirmation of Security Breach impacting the Services or credible allegation . Notification is required regardless of the number of persons or type of State Data affected or potentially affected. The notification must be clear and conspicuous and include a description of the following: 1. The incident in general terms; 2. The type of information, to the extent known or should have been known, that was subject to the violations of Section 9.1, Duty to Secure State Data, or credible allegation of Security Breach; 3. The type and number of entities and individuals who were, or potentially have been, affected by the incident, to the extent known or should have been known; and 4. The actions taken by the Contractor to protect the State Data from further unauthorized Access. However, the description of those actions in the notice may be general so as not to further increase the risk or severity of the Security Breach. The Contractor must also as expeditiously as practicable, but no later than seventy-two (72) hours from the time of discovery, set up a conference call with the Department's Contract No.: DMS -19/20-006A Mobile Communications Services Page 17 of 28 190 Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30) minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call will be scheduled. All available information about the Security Breach or suspected Security Breach must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all remedial actions of the Contractor. 9.5 Other Indemnifications and Credit Monitoring The Contractor shall be fully liable for the actions of all Persons, as defined in Attachment E — Definitions and Acronyms, and shall fully defend, indemnify, and hold harmless the Department, Customers, the State of Florida, its officers, directors and employees from any third -party claims, suits, actions, damages, proceedings, and costs of every name and description, including attorney's fees, to the extent arising or resulting from a violation by the Contractor or a Person, as defined in Attachment E — Definitions and Acronyms, of Section 9, Data Security, and Section 13, Background Screening and Security, resulting in the Security Breach of State Data. The Contractor shall provide credit monitoring services at its own cost for those individuals affected or potentially affected or by a Security Breach caused by the Contractor's negligence or willful misconduct, or violation of this agreement of these sections by the Contractor or a Person, as defined in Attachment E — Definitions and Acronyms, for a twelve-month period of time following the Security Breach. SECTION 10. GRATUITIES AND LOBBYING 10.1 Gratuities The Contractor will not, in connection with the Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying Funds provided under this Contract shall not be used to violate the provisions of sections 11.062 and 216.347, F.S. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after Contract execution and during the Contract's term. SECTION 11. CONTRACT MONITORING 11.1 Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof as it relates to orders provided under this Contract. Coordination must be maintained by the Contractor with representatives of the Customer, the Department, or of other agencies involved in the Contract on behalf of the Department. Contract No.: DMS -19/20-006A Mobile Communications Services Page 18 of 28 191 11.2 Performance Deficiencies and Service Level Agreements Service Level Agreements (SLAs) dictate the levels of service delivery for individual services. The parties acknowledge that these SLAs contain financial consequences, as required by section 287.058, F.S., are exclusive of any other right to damages, and are not intended to be a penalty. The Contractor therefore agrees to credit the Department consistently with the Contract, including as set forth in Attachment C - Service Level Agreements. Financial consequences that are due to a Customer after the completion of service, or exceed any payment due to the Contractor, shall be submitted by check rather than as a credit. One, multiple, or recurring violations of a SLA may be considered a breach of the Contract and may result in a suspension or cancellation of PO(s) or CSA(s) pursuant to Section 1.3.3 of the Contract. The Department reserves the right to determine when violation(s) of SLAs constitute a breach of the Contract or will result in a suspension or cancellation of PO(s) or CSA(s). The Department's determination of a breach of the Contract or suspension or cancellation of PO(s) or CSA(s) will depend on the number and severity of the SLA violation(s), disruption to service, Contractor's response, and other factors. In addition to the processes set forth in the Contract (e.g., SLAs), if the Department determines that there is a performance deficiency that requires correction by the Contractor, then the Department will notify the Contractor in writing. The correction must be made within a timeframe specified by the Department. The Contractor must provide the Department with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department. If the corrective action plan is unacceptable to the Department, or implementation of the plan fails to remedy the performance deficiencies, the Department will retain ten percent (10%) of the total invoice amount and may suspend or cancel PO(s) or CSA(s) or may suspend work or terminate the Contract as set forth in Section 1.3, Suspension of Work and Termination. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited in order to compensate the Department for the performance deficiencies and the Department may suspend or cancel PO(s) or CSA(s) or may terminate the Contract as set forth in Section 1.3, Suspension of Work and Termination. 11.3 Timely Performance The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or Customer of the steps the Contractor is taking or will take to do so and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department or Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department or Customer's delay. Contract No.: DMS -19/20-006A Mobile Communications Services Page 19 of 28 192 11.4 Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) business days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) business days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants the same level of preferential treatment that it would grant to similarly situated government Customers with respect to devices, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS 12.1 Performance or Compliance Audits The Department may conduct, or cause to have conducted, either or both performance and compliance audits of the Contractor as determined by the Department. The Department may conduct an audit and review copies of all the Contractor's relevant data and records that directly relate to the Contract. The Parties shall agree in writing on the scope of the audit, including the timeframe, location, and other terms and conditions, which may include the entity that may conduct the audit on behalf of the Department and the handling and security of the Contractor's confidential documents, before work to satisfy the audit is commenced. For the avoidance of doubt, this section does not apply to any audits conducted by the Inspector General (see Section 6.6, Cooperation with Inspector General, of the Contract), the State of Florida's Chief Financial Officer, or the Office of the Auditor General. 12.2 Payment Audit Records of costs incurred under terms of the Contract will be maintained in accordance with Subsection 8.3, Document Management and Record Retention. Records of costs incurred will include the Contractor's general accounting records, together with supporting Contract No.: DMS -19/20-006A Mobile Communications Services Page 20 of 28 193 documents and records of the Contractor and all subcontractors performing work related to this Contract, and all other records of the Contractor and subcontractors considered necessary by the Department, State of Florida's Chief Financial Officer, or the Office of the Auditor General. 12.3 Document Inspection In accordance with section 216.1366, F.S., the Department is authorized to inspect the: (a) financial records, papers, and documents of Contractor that are directly related to the performance of Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of Contractor which the Department determines are necessary to monitor the performance of Contract or to ensure that the terms of the Contract are being met. Contractor shall provide such records, papers, and documents requested by the Department within ten (10) business days after the request is made. SECTION 13. BACKGROUND SCREENING AND SECURITY All Contractor employees, subcontractors and agents performing work under the Contract must comply with all security and other requirements of the Department or the Customer. 13.1 Background Screening In addition to any background screening required by the Contractor as a condition of employment, the Contractor warrants that it will have conducted a criminal background screening of, or ensure that such a screening is conducted for, each of its employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other person, hereinafter referred to as "Person" or "Persons," operating under its direction with Access to State Data or who enter either the premises or facilities where State Data is stored or accessible. Contractor is not required to conduct the aforementioned background screening of a Person if that Person does not have Access to State Data and if that Person, whenever on Customer premises or facilities, is escorted by Customer authorized personnel. The Contractor warrants that all Persons will have passed the background screening described herein before they have Access to State Data or begin performing services under the Contract. The look -back period for such background screenings shall be for a minimum of six (6) years where six (6) years of historical information is available. The minimum background check process will include a check of the following databases through a law enforcement agency or a Professional Background Screener accredited by the National Association of Professional Background Screeners or a comparable standard: 1. Social Security Number Trace; and 2. Criminal Records (Federal, State, and County criminal felony and misdemeanor, national criminal database for all states which make such information available). The Contractor agrees that each Person will be screened as a condition prior to performing services or having Access to State Data. The Contractor is responsible for any and all costs and expenses in obtaining and maintaining the criminal background screening information for each Person described above. The Contractor will maintain documentation of the screening in the Person's employment file or applicable Contractor system. The Contract No.: DMS -19/20-006A Mobile Communications Services Page 21 of 28 194 Contractor will abide by all applicable laws, rules, and regulations including, but not limited to, the Fair Credit Reporting Act and/ any equal opportunity laws, rules, regulations, or ordinances. 13.2 Disqualifying Offenses If at any time it is determined that a Person has a criminal misdemeanor or felony record, regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict), within the last six (6) years, where six (6) years of historical information is available, from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with Access to State Data or directly performing services under the Contract. The disqualifying offenses are as follows: 1. Computer related crimes 2. Information technology crimes; 3. Fraudulent practices; 4. False pretenses; 5. Fraud; 6. Credit card crimes; 7. Forgery; 8. Counterfeiting; 9. Violations involving checks or drafts; 10. Misuse of medical or personnel records; and 11. Felony theft. If the Contractor finds a Disqualifying Offense for a Person within the last six (6) years where six (6) years of historical information is available from the date of the court's disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have Access to State Data. The Contractor will consider the following factors only in making the determination: i) nature and gravity of the offense, ii) the amount of time that lapsed since the offense, iii) the rehabilitation efforts of the Person, and iv) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed Access to State Data, then Contractor shall maintain all criminal background screening information and the rationale for such Access in the Person's employment file. The Contractor will promptly notify the Department of any determinations made pursuant to this subsection. The Department reserves the right to require removal of any Persons from performing work on the Contract for any reason. 13.2.1 Refresh Screening Contractor will ensure that all background screening of key staff will be refreshed every five (5) years from the time initially performed for each Person during the term of the Contract. 13.2.2 Self -Disclosure The Contractor shall ensure that all key staff have a responsibility to self-report within three (3) calendar days to the Contractor any updated court disposition regarding any disqualifying offense, regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict). The Contractor shall immediately reassess Contract No.: DMS -19/20-006A Mobile Communications Services Page 22 of 28 195 whether to disallow that Person Access to any State of Florida premises or from directly performing services under the Contract. In addition, the Contractor shall ensure that all key staff have a responsibility to self-report to the Contractor within three (3) calendar days, any arrest for any Disqualifying Offense. 13.3 Department's Ability to Audit Screening Compliance and Inspect Locations The Department reserves the right to audit the Contractor's background screening process upon fifteen (15) days prior written notice to the Contractor during the term of the Contract. The parties shall agree in writing on the scope of the inquiry, timeframe, location (if an audit is to be conducted), and other terms and conditions before work to satisfy the inquiry is commenced. The Department will have the right to inspect the Contractor's working area, computer systems, and/or locations to ensure that Access to State Data is secure and that the background screening process is in compliance with the Contract and all applicable state and federal rules and regulations. SECTION 14. COMMUNICATIONS AND CONFIDENTIALITY 14.1 Public Statements The Contractor shall not, without first notifying the Department's Contract Manager and securing the Department's prior written consent, make public statements or publicly disseminate any information which concern the Contract or its subject matter, including, but not limited to: 1. disclose or permit disclosure of any data or information obtained or furnished in accordance with the Contract, 2. use any statement attributable to the Department or its employees, 3. mentioning the Contract in a press release or other promotional material, or 4. otherwise linking Contractor's name and either a description of the Contract or the name of the State, the Department or any Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. Public statements include press releases, publicity releases, promotions, marketing materials, corporate communications, or other similar communications. If provided, the Department's written consent shall not be construed to supersede or waive the Contract requirements imposed on the Contractor to maintain confidential information. The Contractor will not use the State of Florida seal, name, or logo of the Department or State of Florida, or Contractor's relationship to the Department for any purpose without the prior written consent of the Department. The Contractor may refer to the Contract as an experience citation with other customers without prior approval. The Contractor shall have the following obligations with respect to the marketing of this Contract to any Customers: 1. To use its commercially reasonable efforts to further the promotion, advertising, and marketing of services available under this Contract; and Contract No.: DMS -19/20-006A Mobile Communications Services Page 23 of 28 196 2. To use its commercially reasonable efforts to promote the equitable utilization of this Contract to Other Eligible Users to any other cooperative purchasing contract for similar services. 14.2 Confidential Information The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all applicable state and federal laws, including, but not limited to Chapter 119, F.S., and sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 15. LICENSING All services shall include all required licenses for Customers to utilize the services at no additional cost to the Customer. This section does not govern Contractor or third -party software (which includes applications and enhancement software) sold separately, which are not necessary to provide the WDS, WVS, or public safety services under this Contract (as examples device operating software or device firmware). Any software (which includes applications and enhancement software) licensed separately by the Contractor or its third -party supplier to Customers for use will be governed by the written terms and conditions applicable to such software or application (e.g., End User License Agreements (EULAs)). When Customers purchase any software (which includes applications and enhancement software) licensed separately, applicable terms and conditions (e.g., EULAs will be provided to Customers and may be provided via URL or click -through at point of sale or upon login to the third -party software application. The Contract will take precedence over any and all EULA's conflicting terms. Any provisions in applicable terms and conditions that require the Department to indemnify the Contractor are inapplicable. SECTION 16. PERFORMANCE BOND Within thirty (30) days of Contract execution, Contractor will deliver to the Department's Contract Manager a performance bond in the amount of $500,000 (five hundred thousand). This shall also apply to any renewal years. The bond shall name the Department as the beneficiary and will be used to guarantee satisfactory performance by the Contractor throughout the term of the Contract. The performance bond shall be maintained throughout the term of the Contract. The performance bond must be issued by an acceptable surety company, as determined by the Department, and which surety must be licensed to do business in the State of Florida. The insurer or bonding company shall pay losses suffered by the State of Florida directly to the Department. Contract No.: DMS -19/20-006A Mobile Communications Services Page 24 of 28 197 2. The Contractor and insurer or bonding company shall provide the Department prior written notice or immediate notice upon knowledge of any attempt to cancel or to make any other material change in the status, coverage, or scope of the performance bond, or of the Contractor's failure to pay bond premiums. 3. The Department shall not be responsible for any premiums or assessments on or in relation to the performance bond. 4. The performance bond is to protect the Department and the State against any loss sustained through failure of the Contractor's performance in accordance with the Contract. No payments shall be made to the Contractor until the performance bond is in place and approved by the Department in writing. 5. Within thirty (30) days of Contract execution, and by Contract execution anniversary each year following, the Contractor shall provide the Department with a surety bond continuation certificate or other acceptable verification that the performance bond is valid and has been renewed for an additional year. 6. The performance bond provided under this section shall be used solely to the extent necessary to satisfy the damage claims made by the State of Florida pursuant to the terms of the Contract. In no event shall the performance bond be construed as a penalty bond. 7. No sooner than two (2) years after Contract execution, if it is in the best interest of the State of Florida, as determined by the Department, the Contractor's performance bond may be reduced for the remainder of the term. This reduction shall require an amendment to the Contract with the agreement of both parties. SECTION 17. CUSTOMER OF RECORD The Department is considered the Customer of Record for all services for the purposes of the Federal Communications Commission and Customer Proprietary Network Information. SECTION 18. SPECIFIC APPROPRIATION The following is the specific State fund from which the State will make payment under the first year of the Contract: General Appropriations Act (Florida Law) 2845 SPECIAL CATEGORIES CENTREX AND SUNCOM PAYMENTS FROM COMMUNICATIONS WORKING CAPITAL TRUST FUND SECTION 19. MISCELLANEOUS 19.1 Warranty of Contractor's Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. Contract No.: DMS -19/20-006A Mobile Communications Services Page 25 of 28 198 The Contractor shall notify the Department of any regulatory or legal actions filed by any federal, state, or local government entity and any other litigation that is reasonably likely to have a material adverse impact on the Contractor's ability to perform under this Contract within thirty (30) days of the action being filed. The Contractor must notify the Department of any legal actions filed against it for a breach of a contract that is of similar size and scope to this Contract within thirty (30) days of the action being filed, unless such legal action is withdrawn or dismissed within such thirty (30) day period. Failure to notify the Department of a legal action within thirty (30) days of the action will be grounds for termination for cause of the Contract. The Contractor shall within five (5) calendar days notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. 19.2 Subcontractors, Affiliates, Partners, Teammates, Third -Party Vendors The Contractor is fully responsible for satisfactory completion of all subcontracted work, including work by affiliates, partners, teammates, and all other third -party vendors, in accordance with the terms and conditions of the Contract. 19.3 Assignment The Contractor will not sell, assign, or transfer any of its rights, duties or obligations under the Contract without the prior written consent of the Department, which shall not be unreasonably withheld. However, the Contractor may assign its right to receive payment under the Contract without the Department's consent upon written notice to the Department, with documentation supplied to the Department as required. In the event of any permitted assignment, the Contractor remains secondarily liable for performance of the Contract, unless such responsibility is waived by the Department in writing. The Department may assign the Contract with prior written notice to the Contractor. 19.4 Independent Contractor The Contractor is an independent contractor. The Contractor and its employees, agents, representatives, and subcontractors, affiliates, partners, teammates, and all other third - party vendors are not employees or agents of the Department and are not entitled to the benefits of State of Florida employees. The Department will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors, affiliates, partners, teammates, and all other third -party vendors. 19.5 Risk of Loss Matters of inspection and approval are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer or the Department rejects a commodity at Contractor's expense, it may be returned within thirty (30) days of receipt, and the risk of loss will remain with the Contractor. Contract No.: DMS -19/20-006A Mobile Communications Services Page 26 of 28 199 For Contractor -installed in -building infrastructure owned by the Contractor (e.g., bidirectional amplifiers, including antennas and power), Contractor will remove the commodity (except for cabling) from the premises within thirty (30) days, after notification of rejection, removal fees may be applicable, and the risk of loss will remain with the Contractor. For Contractor -installed in -building infrastructure, commodities not removed by the Contractor within thirty (30) days of receipt of notification will be deemed abandoned by the Contractor, and the Customer or the Department will have the right to dispose of it as its own property. Contractor will reimburse the Customer or the Department for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 19.6 Safety Standards Performance of the Contract for all commodities or contractual services must comply with applicable requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 19.7 Ombudsman A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 19.8 Time is of the Essence Time is of the essence regarding each and every obligation of the Contractor. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 19.9 Waiver The delay or failure by the Department or Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 19.10 Modification and Severability With the exception of the process described in Section 5.2, Change Requests, this Contract may only be modified by a written agreement signed by the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. SIGNATURE PAGE IMMEDIATELY FOLLOWS Contract No.: DMS -19/20-006A Mobile Communications Services Page 27 of 28 200 DocuSign Envelope ID: 04433368-9389-4906-B29C-469300481763 SO AGREED by the parties' authorized representatives on the dates noted below: F ORI E RTMENT OF MANAGEMENT SERVICES J. Todd Inman, Secretary 8/4/2021 Date AT&T CORP. 12 signature Linda J Coftngharn Print Name and Title Sr. Contract Manager Date Contract No.: DMS -19/20-006A Mobile Communications Services Page 28 of 28 201 Department of MANAGER SERVICES We serve those who serve Florida 4050 lEsplanade WZ Tallahassee, IFIL 32399-09% 850-488-27M Contract No.: DMS -19/20-006A Attachment A — Definitions and Acronyms All personal pronouns used in the Contract, whether used in the masculine, feminine, or gender - neutral, shall include all other genders; the singular shall include the plural; and the plural shall include the singular. The following definitions and acronyms apply to the Contract in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60FF-1, Florida Administrative Code (F.A.C.). In the event of a conflict, the definitions provided in this document will prevail. Access When capitalized, this means review, inspect, transmit, approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any State Data, regardless of type, form, or nature of storage; Access to a computer system or network includes local and remote access. Business Monday, Tuesday, Wednesday, Thursday, and Friday, excluding weekends and Days State paid holidays as set forth in section 110.117, F.S. Contractor The Responsive and Responsible Respondent awarded this Contract pursuant to ITN No. DMS -19/20-006. This definition supersedes the definition in section 287.012(7), F.S. CPNI Customer Proprietary Network Information. The definition of CPNI is the Title 47 U.S. Code § 222(h) (2019) definition. CRR Cost Recovery Rate. The Department's monthly cost recovery charge applied to Customer invoices. CSAB Communications Service Authorization and Billing system. httos:Hportal.suncom.mvflorida.com/start/#/Igg:in Customers The entities that are provided services under this Contract, including State agencies, which are required to use the SUNCOM Network, and other entities authorized to use the SUNCOM Network in accordance with Chapter 282, F.S. End-user The individual that utilizes the device that consumes the resources defined by the monthly plan. The End -user's employer is the Customer. EUPL End User Price List HA/HR Highly -available and Highly -reliable. Systems, services, and implementations designed to eliminate planned downtime and prevent unplanned downtime; methods utilize specific hardware, software, and processes; typically implemented in mission critical services. IP Internet Protocol IPsec An Internet Engineering Task Force standard. Text from RFC 4301 - IPsec creates a boundary, between unprotected and protected interfaces, for a host or a network. Traffic traversing the boundary is subject to the access controls specified by the user or administrator responsible for the IPsec configuration. Contract No.: DMS -19/20-006A Attachment A: Definitions and Acronyms Page 1 of 2 202 Contract No.: DMS -19/20-006A Attachment A — Definitions and Acronyms IPsec Tunnel Tunnels are a design technique utilized by telecommunications service providers to manage traffic. IPsec tunnels are used to create closed user groups to enforce segregation of traffic. IPsec tunnels are a specific type of tunnel which provides security services for IP packets through encryption, authentication, and protection against replay. MFN MyFloridaNet OEU Other Eligible Users. The entities provided services under this Contract that are not State agencies and are not required to use the SUNCOM Network but are otherwise authorized to use the SUNCOM Network in accordance with Chapter 282, F.S. These include, but are not limited to, political subdivisions of the State, including counties, municipalities, school districts, and water management districts. Also included are, private nonprofit elementary and secondary schools conditioned upon certain requirements, universities, libraries of community colleges, and nonprofit corporations. Person When capitalized in Sections 9 and 13 of the Final Contract, this means the Contractor's employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other person operating under the Contractor's direction with Access to State Data or who enters either the premises or facilities where State Data is stored or accessible. Reply A formal response to ITN No. DMS -19/20-006. Respondent An entity that submitted a Reply to ITN No. DMS -19/20-006. SLA Service Level Agreement SLA Clock Service Level Agreement Clock. The SLA clock refers to how a deliverable will be measured in terms of time for completion as stated in the particular SLA. SNMP Simple Network Management Protocol State The State of Florida State Data All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Contractor in its performance under this Contract. Subcontractor A third party performing work under the Contract at the direction of the Contractor, including affiliates, partners, teammates, and all other third -party vendors. VPN Virtual Private Network Concentrator. A device, or collection of devices, built to Concentrator manage secure connections within or between infrastructures. VRF Virtual Routing and Forwarding WDS Wireless Data Service WVS Wireless Voice Service Contract No.: DMS -19/20-006A Page 2 of 2 Attachment A: Definitions and Acronyms 203 � 1 Ipl III IIIIII ��II �� Contract No. DMS -19/20-006A Attachment B - Final Statement of Work 4050 Esplanade Way Tallahassee, FL 32399-0950 850-488-2786 Ron DeSantis, Governor Jonathan R. Satter, Secretary ATTACHMENT A - STATEMENT OF WORK Q0 -IN MOBILE COMMUNICATION SERVICES ITN NO: DMS -19/20-006 INVITATION TO NEGOTIATE THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES 204 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work ITN No.: DMS -19/20-006 Page 1 of 100 Attachment A: Statement of Work Mobile Communication Services 205 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANAGEMENT AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services MANAGEMENTAT&T Response to The State of Florida Department of Management SERVICES Services' ITN NO: DMS -19/20-006 for Mobile Communication Services Contents ATTACHMENT A — STATEMENT OF WORK FOR.................................................................... 1 1. Statement of Work Introduction..................................................................................... 6 1.1 Mobile Communication Services Portfolio....................................................................... 6 1.2 MCS Objectives............................................................................................................. 7 1.3 MyFloridaNet..................................................................................................................7 Wireless Data Service - IP Addresses.......................................................................... 1.4 End User Price Lists and Vendor's DeviceList................................................................ 7 1.5 Evolving Technology...................................................................................................... 12 2.1 Staffing Responsibilities.............................................................................................. 16 2.3 Key Staff Position - ProjectManager............................................................................. 24 2.4 Key Staff Position - Business Operations Manager....................................................... 25 2.5 Key Staff Position - Engineering and Design Manager ................................................... 25 2.6 Key Staff Position -Operations and Security Manager ................................................... 26 2.7 Customer Support Team.............................................................................................. 27 3. Services and Devices for Mobile Communication Services ........................................ 27 3.1 Wireless Voice Services.............................................................................................. 27 3.2 Wireless Data Service................................................................................................. 28 3.3 Wireless Data Service - IP Addresses.......................................................................... 28 3.4 Wireless Data Service — Access Circuit....................................................................... 29 3.5 Wireless Data Service - Closed UserGroups................................................................ 30 3.6 Wireless Data Service — Network -to -Network Interface Design .................................... 31 3.7 Wireless Data Service —Traffic Mapping into MyFloridaNet........................................... 40 3.8 Wireless Data Service — Traffic Directly to the Internet ................................................ 41 3.9 Wireless Data Service - Test Plan................................................................................ 43 3.10 State of Florida Coverage........................................................................................... 43 3.11 Roaming..................................................................................................................... 47 3.12 Security......................................................................................................................47 3.13 Reviews of the Contractor's Service ............................................................................ 49 3.14 Emergency Services.................................................................................................. 50 3.14.1 911/E911................................................................................................................. 51 206 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANUEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 3.14.2 Department of Homeland Security Programs............................................................ 51 3.14.3 Emergency Support Function 2................................................................................ 51 3.15 Contractor's Service Delivery Costs............................................................................ 52 3.16 Highly Available and Highly Reliable Design Characteristics ....................................... 52 3.17 Reports, Updates, and Notifications Requirements..................................................... 54 3.18 Service Level Agreement Operational Process............................................................ 55 3.18.1 General SLA Requirements..................................................................................... 55 3.18.2 Reporting and Review.............................................................................................. 55 3.18.3 SLA Holds............................................................................................................... 55 3.18.4 Contractor SLAAccountability................................................................................. 56 3.18.5 Compliance Report................................................................................................. 56 3.19 Customer Support...................................................................................................... 57 3.20 Contractor's MCS Portal............................................................................................. 59 3.21 Devices...................................................................................................................... 60 3.22 Cooperation with Other Contractors............................................................................ 62 3.23 Customer Migration.................................................................................................... 63 3.24 Transition for Future Iterations of this Service............................................................. 64 3.25 Contractor Meetings with DMS................................................................................... 67 3.25.1 Weekly Conference Call.......................................................................................... 67 3.25.2 Monthly Operational Meetings................................................................................. 67 3.25.3 Project Management Monthly ReviewMeetings....................................................... 67 3.25.4 Project Implementation Phase — Project Kickoff Meeting .......................................... 68 3.26 Project Management.................................................................................................... 68 3.26.1 Project Management - Project ManagementPlan and Disaster Recovery Plan........... 68 3.26.2 Project Management -Implementation Phase.......................................................... 69 3.26.3 Project Management -Guides.................................................................................. 70 3.26.4 Project Management Closure.................................................................................. 70 3.26.5 Project Management - Implementation Plan and Customer Specific Migration Plans. 70 3.27 Project Management - Services Infrastructure Checklist ............................................. 72 4. Public Safety Service Plans and Devices.................................................................... 75 4.1 Deployable Technologies............................................................................................ 75 4.2 Local Control................................................................................................................ 76 4.3 Local control portal....................................................................................................... 77 4.4 Public Safety Standards................................................................................................ 77 4.5 Demonstration Devices...............................................................................................78 207 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANUEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 4.6 Public Safety CustomerSupport.................................................................................... 78 4.7 Public Safety Reporting................................................................................................ 79 4.8 Public Safety Marketing................................................................................................ 79 5. Business Operations................................................................................................... 82 5.1 General Description of the SUNCOM Business Model ................................................... 82 5.2 Communications Service Authorization and Billing Transaction Flowchart ..................... 82 5.3 Communications Service Authorization and Billing — Official Record ............................. 84 5.4 Communications Service Authorization and Billing - Interfacewith Contractor ............... 84 5.4.1 Batch Routines........................................................................................................ 84 5.4.2 Manual Review and Data Entry by Contractor Staff ................................................. 84 5.5 Communications Service Authorization and Billing Service Catalog .............................. 85 5.6 Taxes and Government Sanctioned Fees..................................................................... 85 5.7 User Access Privileges for the Contractor................................................................... 86 5.8 Work Orders................................................................................................................ 86 5.9 Inventory...................................................................................................................... 87 5.10 Invoicing Requirements.............................................................................................. 87 5.11 Electronic Substantiating Detail File............................................................................ 87 5.12 Audit of Contractor Invoices........................................................................................ 88 5.13 Mandatory Interface with the Contractor..................................................................... 88 5.14 Properly Authorized WorkOrders................................................................................ 88 5.15 General Billing Requirements...................................................................................... 88 5.16 Billing Start................................................................................................................. 88 6. Direct Ordering and Billing........................................................................................... 89 6.1 Services and Devices Sold to Direct -Billed Customers ................................................. 89 6.2 Cost Recovery Rate.................................................................................................... 89 6.3 Contract Association on Direct -Billed Accounts........................................................... 90 6.4 Monthly Reporting of Direct -Billed Accounts.................................................................. 90 6.5 Quarterly Reporting of Direct-BilledAccounts............................................................... 90 6.6 Customers Liability...................................................................................................... 91 208 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 1. Statement of Work Introduction This Attachment A — Statement of Work (SOW) describes cellular voice and data services, secure access to MyFloridaNet (cellular data -only devices), and other related telecommunication services, cellular phones, associated devices, accessories, and features, collectively referred to herein as Mobile Communication Services (MCS). All requirements contained in this SOW are Contract requirements. Deliverables and associated financial consequences (hereinafter referred to as "Service Level Agreements" or "SLAs") are specified on Attachment C — Service Level Agreements. 1.1 Mobile Communication Services Portfolio Mobile Communication Services are described below as well as in the public safety services in Section 4. 1.1.1 Wireless Voice Services (WVS), includes plans and cellular phones, smart phones, tablets, and other similar devices capable of making voice calls to cellular devices (cellular voice) and to traditional phones on the Public Switched Telephone Network (PSTN). This set of services also provides broadband access for email, internet browsing, texting, and numerous applications. 1.1.2. Wireless Data Services (WDS), includes a similar set of broadband services and devices as WVS but does not provide cellular voice and does not include PSTN voice connectivity. This set of services can provide secure data access into MyFloridaNet (for additional information, see Section 1.4, MyFloridaNet, below). Both sets of services include broadband data service plans governing the Customer's monthly allotment for broadband access. 1. 1.3 Web portals for both WVS and WDS. Customers utilize the DMS Communications Service and Billing system (CSAB) to review all MCS offerings, which are found on the End User Price List (EUPL). Orders are either placed directly via MyFloridaMarketPlace (MFMP), CSAB, or direct with the Contractor. For additional information regarding the EUPL, see Section 5, Business Operations. 1.1.4. Accessories include, but are not limited to, antennas, phone cases, tablet cases, headphones and ear buds, chargers, screen protectors, foldable keyboards, belt clips, and hands-free kits. 1.1.5. Equipment includes, but is not limited to, smartphones, basic phones, air cards, hot spots, tablets, and public safety wearables (within the optional subsection on Public Safety Service Plans and Devices). ITN No.: DMS -19/20-006 Page 6 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 209 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEME'Ni AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.2 MCS Objectives In accordance with the Department's objectives for MCS, the Contractor shall provide: 1. Services and devices that keep pace with rapidly evolving technologies and related service plans. 2. A range of rate plans with a wide variety of up-to-date features. 3. Customer support services, including the Contractor's MCS portal and superior staffing, with the best possible customer service. 4. Clearly articulated adoption of standards and designs inthis SOW. 5. Complete and timely reporting on services to the Department and Customers. 6. Service strength with as much 4G/4G LTE or better service coverage as possible. 7. Highly -Available, Highly -Reliable (HA/HR) infrastructures. 8. Support for devices and software systems from different manufacturers. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.3 MyFloridaNet MyFloridaNet (MFN) is the State's Multiprotocol Label Switching data network. MFN allows State agencies and other authorized users to communicate with each other. Information about MFN is available at: htt s„// „dirns..m lolrrda„colrn/I�usiilrness o eiratiioirns/fella mmulrniicatiioins/suis irrn2/data selrviic ............. ;g/irm r0,g,irlid..airnet No response required. By submitting a Reply, Respondent has read and understands the statements contained in this subsection. 1.4 End User Price Lists and Vendor's DeviceList This subsection applies to both WVS and WDS. 1.4.1 EUPL and Vendor's Device List The format of the EUPL and Vendor's Device List must be approved by the Department. The Contractor must have one (1) EUPL and one (1) Vendor's Device List that incorporate all offerings. The Vendor's Device List should include all proposed devices, including, at a minimum, cellular phones, smartphones, tablets, broadband access devices (data -only), cellular mobile ITN No.: DMS -19/20-006 Page 7 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 210 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services broadband devices (support for internet access), devices supporting secure access to MFN, and accessories. Devices may be shown with a variety of packages, with detailed pricing, and descriptions of associated services, devices and/or features. Any services, devices, and/or features provided at no cost should be identified as $0.00. Vendor's Device List may also include Public Safety wearables and other Public Safety wireless enabled devices. All devices shall include an AC charger at no additional cost, however additional or replacement AC chargers may be offered with a cost associated. Contractor's may offer a price discount if a chargeable device is sold without an AC charger included. For all items listed below, the Vendor's Device List should include: manufacturer and model, vendor's identification number (SKU), vendor's commercially advertised retail price as of the date the EUPL is submitted to the Department, State purchase price, and any promotional pricing, as well as the following device -specific information: 1. Smartphones a. Operating system, camera, removable memory (if available), hearing aid compatibility, mode, and other features. b. At least one (1) unlocked iPhone and one (1) unlocked Android smartphone. 2. Air Cards, USBs, and hotspots a. Mode, compatibility with 4G LTE, compatibility with 5G, compatibility with Apple Operating Systems (iOS, Mac OS), compatibility with Microsoft Operating systems (Windows), external antenna, and other features. 3. Tablets a. Operating system, camera, removable memory (if available), and other features. 4. Basic Phones. a. At least one (1) basic phone that is available to Customers at no charge, other than the cost of the purchased service plan. 5. Accessories a. May include phone cases, tablet cases, headphones and ear buds, chargers, screen protectors, foldable keyboards, belt clips, and hands-free kits. 6. Public Safety Wearables a. Contractor's EUPL should state service prices as monthly recurring charges (MRC) or non-recurring charges (NRC). The EUPL should include, as applicable, the following information for provided services and devices, at a minimum: 1. Non -pooled Plans a. Pricing and details of all non -pooled plans, which may include: i. Voice per minute rate plans: usage based, limited ii. Unlimited plans: voice; voice and text; voice, text, and data; voice, data, messaging, and hotspot iiiiii„ Messaging plans: limited and unlimited iv. Data only device plans: per megabyte data plan, data plan with tethering, data plan without tethering, and unlimited data b. Relevant unit pricing, including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. c. Description of services included in the monthly recurring costs, including the number of messages (SMS/MMS), minutes (anytime, nights, or weekends), data limits, and included features, such as call waiting. ITN No.: DMS -19/20-006 Page 8 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 211 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services i. Detail how airtime and other measured usage are billed; for example, in full -minute increments, rounded up to the next full increment at the end of each call for billing purposes, unanswered outgoing calls incurring airtime. ii. Description of billing for calls directly dialing or receiving from the same carrier. iii. If the pricing changes for nights and weekends, describe the times the carrier deems are nights and weekends and any changes to charges during this time. iv. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 2. Pooled Plans a. Pricing and details of all pooled plans, which may include: i. Description of tiers, including the number of minutes included in the plans. b. Relevant unit pricing, including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. c. Describe: i. how the minutes are aggregated and credits are applied; ii. how a Customer can have more than one pool; iii. rollover minutes; iv. pool limitations, e.g., limits to the number of users; and v. included features, such as call waiting. 3. Push -to -Talk a. Pricing and details of all push -to -talk plans, which may include: i. Standalone push -to -talk and add-on push -to -talk plans. ii. Relevant unit pricing including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. iii. Description of services included in the monthly recurring costs and included features 1. Detail how measured usage is billed, for example, in full -minute increments, rounded up to the next full increment at the end of each call for billing purposes, or unanswered outgoing calls incurring airtime. 2. If the pricing changes for nights and weekends, describe the times the carrier deems are nights and weekends and any changes to charges during this time. 3. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 4. Machine -to -Machine a. Pricing and details of all machine -to -machine and internet of things service plans which may include: i. Description of tiers, including the usage caps of each tier. One (1) MB to twenty (20) GB requested, at minimum. b. Relevant unit pricing, including price per minute, variation of price per MB for ni hts and weekends and month) rollover of minutes or data. ITN No.: DMS -19/20-006 Page 9 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 212 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services c. Description of services included in the monthly recurring costs and included features. i. Detail how measured usage is billed. ii. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 5. Discounts a. All proposed discounts off accessories and devices. b. State what published price the discount percentage applies to (MSRP, vendor published catalog, etc.). i. Describe any additional proposed discounts, such as 100% discount off activation fees. ii. Specific pricing for devices should be listed in the Vendor's Device List. 6. Additional Features, Fees, and Other Items a. The EUPL may describe and detail any additional offerings that are contemplated within the SOW. i. These may include chargeable features, such as robo-call blocking, mobile device management, etc. ii. The EUPL may also include tiered pricing. b. There will be no activation fees for services and devices purchased off the Contract. c. There are no termination fees for services purchased off of the Contract. d. Rate plans shall be month to month, unless otherwise agreed in writing by the DMS Contract Manager. e.. In the event that a rate plan includes a device subsidy and the Customer terminates services early, the Contractor may bill the Customer for the unpaid portion of the subsidized amount on the Customer's invoice. For example, a device is offered at discounted price if purchased with a twenty-four (24) month rate plan. In the event a Customer purchases a subsidized device and the Customer terminates services early, or moves to a lesser price plan or disconnects the devices from the Contractor's network within twenty-four (24) months of the device activation, the Contractor may bill the Customer for the unpaid portion of the subsidized amount of the device. 1.4.2 Update Process to EUPL Given the fast pace of technological progress, DMS anticipates that plans and devices will improve and undergo alterations, within the scope of the Contract, over the term of the Contract. Changes in service plans, features, devices, or technology offered by the Contractor in the same, alternative, or equivalent form and within the scope of the Contract are permissible updates. Updates may be prompted by the Contractor, DMS, or Customers. Some updates may be accomplished via the change request process described in Section 5.2, Change Request, of the Contract; however, at DMS's sole discretion, updates may require a Contract amendment. Contractor -Requested Updates. The Contractor may request updates to its EUPL and Vendor's Device List throughout the Contract term. Such requests must be emailed to the DMS Contract Manager for review and approval. DMS has absolute discretion to approve or deny Contractor - ITN No.: DMS -19/20-006 Page 10 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 213 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... requested updates. The Contractor shall not offer Customers changes in plans, features, devices, or technology prior to obtaining DMS's written approval. The Contractor shall not offer any updated prices or rate structures until changes have been approved by DMS and DMS has published an updated EUPL. ITN No.: DMS -19/20-006 Attachment A: Statement of Work AT&T Business Page 11 of 100 Mobile Communication Services 214 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services When requested by DMS, the Contractor shall provide documentation on the requested update, including, but not limited to, market research and service and device specifications. DMS may review the information from the Contractor and any other source. DMS will not approve an update request until and unless the criteria below is met to its satisfaction. However, DMS reserves the right to deny an update request even if all of the criteria are met. The Contractor shall: 1. Substantially demonstrate the combined pricing is competitive to market rates offered under state government contracts similar in size, scope and terms, specifically that it is equal to or less than combined pricing for similar offerings in the State of Texas, State of California, and State of New York and excluding rates for commercial contracts; 2. Fully demonstrate the pricing is related to and is in line with currently offered pricing for similar services and equipment within the EUPL and/or the Vendor's Device List; and 3. Fully demonstrate the proposed pricing is in accordance with Contract Section 3.2.2, Preferred Pricing. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.5 Evolving Technology This section is applicable to all services and equipment, including devices. The Contractor shall ensure delivery of services and devices that keep pace with rapidly evolving technologies and related service plans. The Vendor's Device List and EUPL must be kept up-to- date, in accordance with the process detailed within SOW Subsection 1.5, End User Price Lists and Vendor's Device List, offering the latest generation of devices and related service plans. The Contractor's IP infrastructure must provide evolving technologies and offer Customers the latest generation of telecommunications infrastructure and devices. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Provide a detailed description of thefollowing: a. How Respondent will ensure delivery of services and devices that keep pace with rapidly evolving technology and related service plans. b. Describe the Respondent's commitment and plan to offer the latest generation of installed infrastructure supporting MCS (the Respondent's IP infrastructure). [Enter response here — 1,500 words] A I"" T Response: e: Ne s:� see Vllhe kflIowiirig response ITN No.: DMS -19/20-006 Page 12 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 215 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ............... Evolving Devices and Services A I &T appreciaIl �es thl :�, Dqpairtiii,ieint's interest iin obt� inliig up to at mobHHty devcep ard services as this 11,11ii-11-011-S oull col"s:, Ilaiusiine,ss unvodoll IL.0 consilstenby Ilnlrlhungs the Ilatest and gireatesi,. devuce,s to not only II Ileo coimir you°-n;ai unark(t JUt tAIHH1 Clo this R ii- the Departirrient of Maina��,eimeiv�Seiryces as weH We do Jiis on Jie CUirreint MoL)HHty Coininuinicatons Services contract and wiHl con61nue It:o do so. AI&T Ireguflaiily updates the devuce Il lint arid E�UFIL to ell"IsUire AI& i ureir,4ins curreint on aHH optioins avaflable to the Stall e of Rorida Nhfle AT` Ulin Qways uready to Ilpironrlde Il.11he best seirOces and Matest de\Jces to bhe State of Hoirlda, we \Atfli not offeir Custoi,neirs c[ianges iin pians, featuires, de\4ces, or tec[inoiogy Ifnlrior to obtaiiniing If)MS's written ap�aro\4l nor offer ainy updatEEd Ilnlrunsrn 01, rate StIl'Ucturs"S LflltHl chainges Ilea ve been approved by UMS and If)MS Ilhas aubhshed an updated Evolving Technologies and Infrastructure ..I.. &y is llnu,.ouud to Ilhave the nation's best and allso fasteowireiess nettAlOrk, as w61 as IP:he argest: n0mtork in NoOfh Aimeilca. [�:rorn 2017 2019, we iinvested neaily $3.3 biihorr iirour tAdreiess and vfirehne inettAtorks in [�IoHda to epand coveii"age and impirove coininecti\&:y in ii,-nore commuinll"IIJes. Tranifigure inchides investments of; * More than $1 Ihnlhllllliloun lien the Karni audeirdakll est P,41rn Beach airea * More U-iian $4,25 11TOHH0iiii in the Oilaindo ]<�(,SIITHrnee Sainfoird ai"ea * Newly $200 urnillllhoun in the lan-ilaa rSI ,, Peteirs[)uj'g Cleairwaterarea * Neady $300 mflhori iri the,Jac kson\4He airea 'Jetwork Lflagirades corqaleted on i:hese four in,wkets iin 2019 iincliude� * More than 1,800 capacity adds to ceH1 sites to a(,C011T1irrodatE:' irnore networkti-affic * 5-5 new ceii sites * Sev(I:Irall )ilsti,Hbuted Antenii'm Systein,i llnurojects to Il,,)oost liindoor and ouoAoor coveirage at key veinues * Dqp�oyiment of sina1111 ce,Hs to deinsffy our netWoirk aind jirovude ad(fitionzflcoverage Ourinves�rimeintL has incireased r6Ha[,)flfty, coveirage aind oveii,AH jerformaince foir uresengs and busiinesses, w[)iclh is essent4I foir coinine0jIlIg 0ujjr cu storneirs widh faiii,iHy, firieinds ard coHeagUE!S 1110 rnatJir bhe distaric�". ft's also irripirnived ciritic4coinrinuiftadons s(::,ir\Jc(for !!!Iorida's ""'ll II Irespoindeirs usiing the F:Irst]Net netwoirk. A coini[n�ilinatioin of \Adr6ess voice aind (lata tedhnoi(:)gthe s make up ilhe ever evoiviir�g A i &T Mobikty Net\A(Oii'-k. These technoio&s include: ITN No.: DMS-19/20-006!!�o Page 13 of 100 Attachment A: Statement of Work t� AT&T Business Mobile Communication Services a U, Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHIEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ............... a G6,4l f;ysteirn four MobHkn Coirnirnuinlca6on (GSM): LIIle woi,ld's most 4)qxjlair wnir6ess 6gltall LecVirn6ogy, WNoh Is kjsiad Ilay iinore than 2,,2 Ilslilllhoin Ilsaaollsllca Iiia over, 219 COUIIU,aes and G&M Lechn6ogy foinI the fouind2djoll') foll, as 1111 ouir netwoirk techn6o&s and Is geinei-@Hy used to �)irov�de Mir��ess 'v6u�' c,; Ila seryces. * Geinei,all Packet Ra6o Sei,NJu" (&�)RS)�: AvaHa[fle Jil'OlUghfflJt ouir G&M nelC�woirk,, ii111IChLj&ilg274 inflh(.)Irr POPS (Pq�)ukflJon),II' irovWes tAtIirelle ss 'data'seiryces. * Unhteirsall MobHe! 16ecornmuncadoirns Systern (UM US)n �� hgher speed \Adr6ess data ted-ir-IoIlogy jirovUrig voice anid enihanced data capabfflty that fincIludes broadbaind speed flhr-OLJghl0111i: WIirlh ow lateincy. CoexMs Mth GSM/GPlRS/EDG, proMes whr6ess 'data'seindces. fig[i Spe(nd Packet Access (l 01A): l Hgh speed mdreIless data evokAdori (I hh-d Geineratioin") of GSWEDGE that sharciS a coi'rT1Tn011 COIT 111EAM/ork hinfrastinuctu rEl! bUt 1pumcawrilcles ad&Joi,4l throi,ighput, for- bandwIidth irritenshte thdr(fless )pphcatons, As We enhance (Yuir network Mth mneWa:au Il,eohin6o&s, we llcllaua to decoirnirnlssIioin thils inetmioirk Ii112022. Loing I einem VOkAbOln (LI E!) and f�6PA nMbh enhainced Il aacll<Ilaw.ull 4,G offeir domtnoad sIaeeds of 5 12 Mops, \Mth sIginffIicaintjy ilg�Ieir aveirage speeds in ii'miny Tiairkets, a:uld tjl,coad slaeecls IIin thE, 2 5 Maps IIralinge, einabIe IIow atency data tii,,aii,isiiri"iiIIsc,Ioii,,ii and IIiqairove �)eirfoinrnaince.four dowiNoacfing aind tiransfeinring IfHes and llcu,(::eeintabons, ulp� oa61ng aind watdNng ]j S��r Co S1111100 vud�:aOS, I'L3111111111111g TIUHJplIe rnobHe apphcat�ons, and s[iairling riatLa Mtll woirkeirs and ciustoi-neii"s I Ille AT'&1'4G I I [!� neI,;woirk now cover's uaaoure Uhan 400 gar,iflhoin people and bus1inesses IIIin the U.S. and MexIco 0 V6ce Oveir Long Teiriiin Evokftl011'1 (VOLT E) tedii,i6ogy�:; Aii,ii aH ]JIlteirinetL Pirotoc6l (HH3) Le(J-1116ogy that SL,IpIaorts voIice caHs over oix, IIT�nelm/011-k. Ifty rishing IP llpaaclkets Moir aH comimuiftalPJoias, \/0LT:::: enaUes tine abflfty to sIimufta 11'neOLISIly taIIk and SU11-f the Web at ZIG IIT:::r slpeedsThe next teclhnoIlogy �ni the evoh,ffion WITH be I II-f\.caloaaacewll whIioh provWes Itheoireb Cal 1peaalk speeds of 1G frlfas. 8 IlCMAI Poweir \AIWE:,Area (IL..PWA) tec[inok�)&s: Both14anirow Band Intelet of II -flings (N B Ilo 1) and LTE M a ii, e v a I," I°i a lints of 4G t e c n o V o gy d e s i g nnad fo - II o I llhey ci nasllulle t11(? g 11 - 0 \At il ii i g d e rn a n d f o ii- machane to-machIine (M2M) conii,nurkatioins by llsamow Ii&rg HCE!nsed spectirixim, car ri(N-gade seclurity,. Ilonger baftrery ffe, coveirage exl einson, arid 10WET costs than radIitIional ceIlhflair LT'':�r connectMII'y, NIB M is kleaIlIly sWted to meet basIic data reqi,&eMs'.' III LS, \Adhke Ll E Al provkles ii -noire 11-0l3u,JStr bIes ii,ichiffling baindMd t]j foir hinirnwaire aind softwaire ull,)dates, niobflby aind VoLT: (V6ce oveir IIT E) st::,irvices. "Al 113G Is the futuire of wIi,eless technology and Is llan6secl D �iuirnpstairt the nexll wave of uinfoireseeirn mobfle einirmvatJoin. rloiJda custoii-riei,s acre ahready expeiIeincJing the poweir of 13G on 6bes hke Uaiiinpa, �!1iradeintoin aind Sairasota and \Afe'ire coirnirn�iitIed auIirigflua u~nan Aeneiradoin 5G coveiragE�t:D 1111101IN2, coirnimuirdes aciross the state as We Ilau.alllcl towaird natJoinwHe coveirage Uhls year. ITN No.: DMS-19/20-006!!�o Page 14 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 217 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ............... \,Ve d6hier tre 5G experience to both consui-irers and JLJS11Inesses [aydepioy�irg two io�pes of 5G tedhnUogy: a 5G over suE) 6 sIpectrwn us expected to einabie fasll eu areslaonses oveir )roadeir d�s��zncles on new de\ftes aind is ii mw avaHabie in 6ne h'�Ioilda irnairkets. a 5'G+ dehvel'S Utira rfast spe(:�ds and res)oinse dirries, capabe Of lr+ Gbps, usIing 5G tENJ11116ogy arld new rrrflHHirnetGn:,r wave spect,I'Uin, urflockirig ILuunllau eu:,deinted exper�ences liiin ilcoiiiiic destIriadoins aind bey venues Ws IldeA for buslinesses, Lflnktersldes, hos," )llt4s aind sports, veinues aind is cuirreiivt:ly dellellnnye lion parts of IlMiallrini, Kaimu Gardens, Gilaildo anfflacksoi*He. in Jiijly 2020, we aininounred unatliounMde 5G coverage, eadNirg 395 irnarkets aincl 205 iinflhoirIjeople. ThIs netwcGrk uses sub 6 0 pz spectiriiAin bainds aind dehverss even fasteii," speeds dhaiir we're se61ng on r�nAir einhainrecl 4G 11(:1twork. Whons of (olnsiijnieirs aind "inn slnesses my lin nowaccess AW's SG inetwoirk usling SG coin�patflbk? dev��ces f11 -011'n ndiustiry-�ea&rg manUfactuireirs. On average, users caiir expei'leirce slaeeds over 40 IlGtllnllas. Aind \,i6dh dheoiretJcall slpeeds expected to be over 40D%ops, Urls is t ' lli e ce U ll a ii, neI,woirk at, the heart o�f ho\,v A II &I exlpects 'I'�)'G to chainge IhnoW WE, fve, work aind coirinect. in jairts of soiine urhairkets, we've enatfled dyinainic spectl"LA1111 sIraiIng (r)!;!;) Il echin6ogy which aHows cairir�eirs t::o slhare dre s:urrre chai,un6l IlaetWeeun Ihnotthn 4,G <:und 5G Users surnuhLaineously, Ilba,nsed on deffmind, creatJng a seaiiink::,ss expeineince for cus,:Drneirs. 11111-OUgh E)!;S, Wqw can dqploy 113G f�:isteir aind more efhc�ilently tO -16l3 ii'iore custorneirs t,ake advairtage of 5G t(::,dhn6ogy, sooiner. techin6ogy h6ps cireate ain inteHHgeint and ii-6-AlSt inetwork for custonleii"s Wifle 5G wflHl ceii-talinly Iloe a consumer techricflogy Iloirig terim, were se61ng �iirdt4l deimand Ibeillrhg drlvein pi,Iniu:urfly by enteirIlse ,erne users phat's Ihin Ilalrge jairi,dUe to rnrnkAGave 5G's Ilow Iljuwwer, IlnligVfly sure dse Iloeaboun and IIoweir. ateircy faclloirs that, hurl fine of-slght use cases, are iimportaint to IInoW busfinesses iincorporate IloT aind oiJieir alplpHcatioins into theiii, flutuire \AtorkHow. Edge coi,qJUting is aiso a urdque car4aHity dhat 5G wik enhance mo0ing foi,tAtairct, A ..I& p has been workiing wth cioud ser\dce Ilproviders to add edge cornlp,,V:e Il.euupnr,Vogy into our neimtork cerJ:ers as we ulpgrade therm for -11"3,G depioyiiiierfl:, And as we continue to IIDlrilirhg edge coirnpul:e :echn6ogies We to aiore rnairkets, \Ate'ire excIII:ed for thejossibflffies tune tedrnoiogy Mii einable. Our 1rnhan ave 15G enteqprise custol'Thers aire airear:ly pursuing this reaW:y, soirne us111irg on- prernuse edge complute Ilnairdware to V4l3rhiate 5G ,.networks for their businesses. Some examlfles of edge cornpute use cases iirn aciJon or in trai finchide augrneinted reak:y e)qpeiireirces for -0:aH stores, hghtweugl-nt drones :[iat can track i:heirnsefves and Unousands of nearby coinipanions in near-ireall tii-ne, and aiifl:oirmimous cairs that rave access to rreajj`�Y iirs;tarit data processiling capabiHtlies wft[iout having to lihnstalk a inhnli data ceint:er in the triunk. ITN No.: DMS-19/20-006!!�o Page 15 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 218 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services \,Ve Ihave Il eeun a'a ve as 11 Ilanranlla o nellat and liundust:ury pearjeilr l n ur naapaung our network moire software eirt;a kl, t..tUr advainee IIIir" cln", url If'natrU e \&tu.aaakatnloin, contaaa ne zaatllo n, and haalU'dvdaaire and "aaahmiaire di saaggire aadoi n aapllowed us to a eec[l ellnu ffiAta re -Il a se nO:workng goaV of 75% IpHor to m h e eriid o 2020w tyt�� ptmlla 'yea \\ae ure woirkpng to emll.naad naaaCnauItmy dpuretlly punt:e dhe depgu"\, eu cpm'uianu:Uume au,.nd f'u nct:io nelHil�:y Of OUr nent:va ork, eventua Hy giving Us euflha aced naeCfffty that v illlll enaEfle LAS to Il:arUe ec�t tll.°ne Ir taw of k at as gIloball scale. And now tmllµn t eaaum SG Iinet\aaelrk ps nate eaµn\adde, we're Iready to soon (Jellpver an faster, sirnarter, more Secure netwoirk to a"a"' i nSUiiiiiers and d �' U mI n see aaa:`II'a,:aaas dhe country. We aau as e e bi,.ed 11 n;an.nt: the p osslllwnllllltean of ,I ��II� °�! G aind how Ii�t varlillll CII-Etaupe e�xll ellila�::nlhnce s faaau~ COunSLH-Heirs aai nd 3USn tlr ie ses grHaat help umnaake IIIfe ev s eir,hn ha ly seauire, uarnoire E fftE: u~nt: a i nd ualiore n:NII njoyaabe. The future lis eurnlly Illlrnioted Il y vanllhat�. caii,,i Ilwae Il imag111i neap. 2. Contractor Staffing This section is applicable to all services. The terms "Contractor staff' and "staff' include all staff employed by the Contractor providing services under the Contract and by its subcontractors providing services under the Contract. The Contractor shall provide sufficient, qualified staff to oversee and carry out the services of this Contract. The Contractor shall designate individuals in its organization to be contacts for DMS and its Customers in accordance with the following subsections. 2.1 Staffing Responsibilities 1. The Contractor staffing responsibilities include conducting all components of the Contract in a timely, efficient, productive, consistent, courteous, and professional manner. 2. The Contractor shall provide a sufficient number of Contractor staff to handle the workload projected for the start of the Contract and shall be scalable and flexible so staffing can be adapted as needed. 3. The Contractor shall devote the staffing time and resources necessary to successfully manage the Contract and provide the ongoing services, including having sufficient staff available for telephonic, email, and on-site consultations. 4. The Contractor shall provide each of its staff members orientation and training on all components of the Contract prior to allowing the staff member to work on any component of the Contract. The Contractor shall provide the DMS Contract Manager with documentation of this training upon request. ITN No.: DMS -19/20-006 Page 16 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 219 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANUEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 5. Key Staff. a. The Contractor shall initially fill all key staff positions and keep the key staff positions filled throughout the term of the Contract. Key staff positions will be filled within sixty (60) days from Contract execution. Attachment C, SLA- A1(a). b. The Contractor will only fill key staff positions with persons that fulfill the minimum job qualifications in accordance with this Section 2, Contractor Staffing. c. DMS reserves the right to review candidates being considered by the Contractor for a key staff position described in this Contract. d. DMS reserves the right to require the replacement of any staff who serve in a key staff position or as part of the Customer Support Team, and the Contractor shall remove such staff no later than ninety (90) calendar days' from the date of DMS's notice to the Contractor. e. Waiver. The Contractor may request a waiver of SLA-A1(b) from the DMS Contract Manager if it believes it has good cause to not fill a key staff position within the required timeframe. DMS will review any such requests on a case- by-case basis and respond within a reasonable timeframe. Determination of all waiver requests are at the sole discretion of DMS. SLA-A1(b) will be on hold while the Department is reviewing a request forwaiver. f. Vacancy. i. It is understood and agreed that from time to time a vacancy may occur in key staff positions. For purposes of this Contract, a vacancy occurs when: the position is not initially filled; the position is not filled due to a resignation, retirement, termination, or reassignment; or the position is filled with a person who does not possess the minimum qualifications required to perform the job duties. A vacancy does not occur when: an employee is temporarily absent due to vacation, sick leave, or other temporary leave condition, such as training. In the case of a vacancy, the Contractor may arrange for the job duties to be provided by another employee who meets the minimum job qualifications until this position is filled. However, a temporary assignment will not suspend any Contractor Staffing SLAs. Key staff positions will be filled within one hundred and twenty (120) days of vacancy or within the timeframe established by the Department after a waiver of the one hundred and twenty (120) day requirement. Attachment C, SLA -Al (b). ii. The Contractor shall notify DMS of all vacancies of key staff positions within fourteen (14) days of the vacancy. Attachment C, SLA -Al (c). 6. Staffing Organization Chart. The Contractor shall develop a Staffing Organizational Chart to be implemented throughout the Contract term. Attachment C, SLA -A2. The chart will include all staff resources assigned to all components of the Contract to be approved by DMS. The final Staffing Organizational Chart must contain names, titles, and number of staff (full-time and part-time) proposed to support the Contract. The Contractor's final Staffing Organizational Chart shall include a justification for the number of staff and the percentage of time each staff person will devote to the ITN No.: DMS -19/20-006 Page 17 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 220 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANUEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services Contract. 7. Staffing Deficiencies. The Contractor is required to provide sufficient, competent, and capable staff to provide complete and timely services as required by the Contract. In the event DMS determines the Contractor has a staff deficiency, it will notify the Contractor in writing. A staff deficiency will include, at the Department's discretion, insufficient number of staff, or insufficient level of competency in staff, to provide complete and timely services under this Contract. A staffing deficiency will also include the retention of staff thirty (30) days past a Department Contract Manager's requirement to remove that staff member. The Contractor must remedy the identified staffing deficiencies by adding or replacing staff as reasonably required by the Department. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Provide a detailed description of thefollowing: a. How Respondent will ensure the dedication of its proposed key staff positions, including the proposed percent of time dedicated to DMS; b. How Respondent will be prepared at all times to recruit credentialed, appropriately licensed, and highly qualified staff and the recruitment process for staff that will be assigned to the Contract; c. Respondent's orientation and training for Respondent's staff assigned to the Contract; d. How Respondent will ensure it employs all required positions and that there are sufficient staff to complete all requirements initially and throughout the duration of the Contract. [Enter response here — 1,500 words] AT&TIIY:tn se pounee: Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. f Illteepoone : AI.. &y. mIY� II II ernpl oy and make ava flaIbe e el:ureasoina[)l e k:iirnes ain adequate ini.aua ber of apfa uTell ida�:6y queVihed aired P:reiined Inersonnell, faa.u611'iair vv tha s� :sumer'' operatJon s and Use e.l: ueVea°:: au°nu°ua ivaa �:ltio is ITN No.: DMS -19/20-006 Attachment A: Statement of Work AT&T Business Page 18 of 100 Mobile Communication Services 221 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANUIEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ............... seirvkles, Ihx) IlaroMe and support istorneirs I of the Servkles iin accordance wAOII :I°e tei,'irns of TT W's reopoinaw, to thIis RI'. p he Wei -I aind Ul�Ies of specfficl Iljeirsons airid th61- ava�iabIility to orovide aind support Oustorneir's needs wWl be sq�)aral:eiy esl:ai,,)hshed Ilay anuli :[ioirized rq�)iresentatJves cd:: All&T upoin awaird oft:he If3lh ll' to AW. IIT Ireq will -ed after contract award, AT&T \Atfli su1plf��fly docurnerital�Jon to aur :hieriitucate techiiflcall expeitse, Mt-iIin i1he parameteirs of con fidein :4fty iirnfl:s A I& T oiillll staff the MCS III IIN with (pi a ll if ied Ilnea sonnei arid i:aient t:o rneet flne requii-eineints of fl -ie fir4l irnegodated coiritract aind Scope of \Aloirk. It ils our iintent to use as rnairq resources currerity eingaged \Alit[i 1I in provIldiing rnabflul:y services and the exisiJing v6ce ser0ces as Ifaoesilpepe based on U,n6r State of Floi,Ida expeneince, A I &T odllll all-ovide suffiCk"int, quaiffIied Ilneamsonn6l to oversec� and d6iver the services Ilnlropnoeed in the 3(:ui3iy. WE! hav(:! extenove, decadnis ioing (:uXi)Eflnenc(:u with Iljrovldiluwg the State aind its (Nind jjseirs wii]h rnobfljd.ry servIices across many LE!chn6ogy ) rrV I S, A M p persornei are Ihprovided extew:Jve oi-IieiV�:afloin and tiraIinung on Il3u oduO�s; and seirvilces, Ilbuut aiso coirnpl4rice UauunuunS ceiiit�ered on doairig Ilauusuuruess wd�fi goveirni-neint. in aMl:Join, the staff supportIing the ATui 1h urepiy are fai-I with the StaiVs orgainozadoinai structure and inteira(J: dauiy \Afil:h :he )MS staff to ensuire seiI are Ilrnpiemein�:ed Ilaurollaeurlly. .My.in,4ni,Auins an de�,p jendi of persoini,I6l across bhe State of Porida and Ihas aMtional U resouirces to 311-lJjjgr I addrtionall fleAblhty to expaind and contract staff a urecpdired AMT ��)irc)\JdE� a fu -4l stafhing/ oirgarflzabor4l dharl,: wlthiin 30 days of cointract award, as req u'iiired 2. Provide a detailed description of thefollowing: a. How Respondent will ensure the dedication of its proposed key staff positions, including the proposed percent of time dedicated to DMS; Al & I Resporlse�� 11he A p&T I eopoinse to II pN xpeinence Fiqply seCtj( )11 n.7151f.,, F)11'0�30SE,d Key Staff airoMes detaIiis on the r6es Wfll be staffE�,d aiI deslginat:ed for ]he Sri rate N coiilP,:ract, IiIlnelluuufillrg Iljuult not krnited to AccouintMainager, Propect Mainageir, juoiness pelf atJoins Manageir, E��iiigiiiiieeii,iiii,"iigaii''iid Desigiri D Viainager, OperalJOIJIS and Secui,Jty Mairiageir and CUStoi-ner Suppoii"t 1'earn IIViainy of the Inasrned resouirces wflll be fairnlllll@r to DMS as q:mperenced and trl-JUsted AT&r I I alll4hassee ]3�lsed eimlp� oyees. 11he Accourn M�)JIFApre,11, Igi III (:1,eiri ing aird Des�gir Mairager, and Opeiraboins and Secujj,ll'ty M&nagE!1' dties are 100% de6cated to the State of Horlda. 11he Custorner Support ]'(:aaiiin staff wlilI Ee demoginatedIlnu.ut not exdusri e Il:o b,i�au State in adchbon to Che de6cated State of F�]()inda A IL.&I acCOU111t teairn, theire acre nnoblkty subpectL rriatter ex)erts avaflable to the Coire teaim, iindiuffling RrstNeIL resoUrces ITN No.: DMS -19/20-006 !!�o Page 19 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 222 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANUEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES I ITN NO: DMS -19/20-006 for Mobile Communication Services b. How Respondent will be prepared at all times to recruit credentialed, appropriately licensed, and highly qualified staff and the recruitment process for staff that will be assigned to the Contract; A t"" & r ltesponse: Degairdng arecru ltrnei3Ot: of qLjahfied staff, AT&T cuirrendy ernl,,floys over 240,000 eiinployees and is coirdirniijaky rea-Ldtfing aind ti,an,nnng new taenl: across dhe coiiinpainy. We have a Buoness Saes Leaders DewEfloprneint currilCUIUini for new cokege [)lires to einsure i1hey are orafined aind rea(Jyfoir SUccess. Specffic to 11re State of PoHda, under dhe eadeashi�p of Erik Uin(flaorg, we maiintafin a Ilurilp✓rhirl e of knternaV and exteirna� cainrfidat:es and roiiffineVy re\Jew ell Update :hat: hst. Illin addkJon, the AT& �I hjin')an 3E?S0LJrces orgardzation iriaintahs a database of current E:HripkV yee's coimpeteinc�es, skflk, tran-Hung, c(:rtffic,:AJons and degrees, Md-Od-1 ji-o0des a vas Uakfle aind detaQ ed seairdhaEfle datAbase of intLernall cainffldaLes. AMT unnznQuntains a ro[just aind ong6ng recruiltrnent pracdces coli nlX1111Y \Mde, un✓:::Illsu6in II ecl'Ultil111g interr4l candk Eft I esfoir inw eass�ginrnieirt ain(I eXlrein,4l recriijItrnent to e111SU1'e we Ih ave stroing IlseIlydi of ta�eirflr A] U's reoru�trneint pi,'acdce �s dev6o�aed, �111 C0111IStZHI'o Use aii"id refineinreint. Specffic to tlhe State of FIlorkla, we Ilhave iinternall cairlcfidaQres oin a 'watch kst' and UtfluZ(n ouir eiinployees, and jartiners foir umeleu einces of qUakfied Illceumsoinin6l to arefer tO OUr A] M Q k1117miri ReSOLArces organlzat'110111. c. Respondent's orientation and training for Respondent's staff assigned to the Contract; AT&T Respwnse: 011,ueintatoin and b41nhng sl,3edhc to ths Il I N IYs iincredflbly IYucnlporteust to n4intaln coirbinuty arid coirl.cJsteint d6uvery of se14ces. A Q &T Y:oroVdes goverriii,neint C;pecffic b"airding to all 11 eiiinpoyees that -nay eingage wth oir s611 to a goverininient enLity. I IIhe A] &I RepQ y to tuna I'Nliunclluudes peirsoini-16l who are very fainflhar with )N/S, CS,AB, arid useirs, agein(Jes and the day rj�o day opemlJoin of the State. As we in'ake staff changes, for Whatever reason, thei,e Is a siiiiooth tiranOJoin of respons�bflb.es and a depth of UMS specffic Ilwraewsrlledgy :!. wft[iQn i1he AT& II teaiiin. IIMore globaky, AT&r � has teairned up wn:h Jnkfersfty of Notre Dame to Ofk�r Data S62ince degii-ees, Mahoma Unktei,Ffty tro offer Il)ata Scuence and Ar4ylkJcs, Ge r& I ech for Ana�yflcs, and UTEP IlMaster of Scileince in Syslk:erns Engiineeriing, d. How Respondent will ensure it employs all required positions and that there are sufficient staff to complete all requirements initially and throughout the duration of the Contract. A I & I Reslporise: A I &rT us Ireslporidling a veii,"y ckfluL)(Nrate aind dear rinaininer to ensure w(uinieet tune ll IN requureimeints. We have Ilserovlded ds,t:afll on the staffling ur6eps aind areojoinslbflktJes nau"n IIhave acicfiboinall rurstNc,t and mobfluty resouirces to am:]p add depdi aind fIexflbflk�,y to umeet the Ireyuauureurrneunt firoirn tune award thirough conn ii-ao: coiTipletloin ITN No.: DMS -19/20-006 Attachment A: Statement of Work ,!!�o AT&T Business Page 20 of 100 Mobile Communication Services 223 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHIEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES I ITN NO: DMS -19/20-006 for Mobile Communication Services A I &T supports Mreiess servIicestrans forll'TIl�Joir projects vIia dedklated teams. These iincliude i:earns for t:hefoibmfing� * Contract regotiatioiiii * Accouirft unrnaainaagollrnlent * Moves, Adds, 0,ianges, [)6etes (MACF)s) * i m piernein tatiorii * Siijlppke�' rrmnageinieint: * Qp H ii n ilzafl oin * BilH PTr anagemeint So, we cain (x)Haboirate Willh yolu to, sun cessfUly (:oiinplete your tii,"aiiisfoii,ii-naIfrIfoll,I piroject. !!:oii- AT&� Mir6ess Seirvi'ces, \,ve use UrJveirszfl ServIce ExeCLJbVes (USE) to moirftoil aii,ge accouints and evaluwre 0qr her enipbyees 4ho inianage Lheni. Yo u J'�l l Wo 11- II< W i I as Unrversfl Service :::xemfljve and 4th Vall'iOUS arICCDUIIL spebahsIs, Your Uinlvei-4� Servuce xecutive its uftiniat6y Irexllxouncollnllo four e11SU1'i11g that YOU'll'(n satished wIdr aHI activioes that OLA11' s�pec4Hsts peirfoiniin to rnainta�in your accouint. These actkJtJes IIIIn6de, • NegolJatling con�':racts • 0�mir&rPaiJng accourits auoss mairkets • Mainagirig r6atioirr�;[iIps wMi youir key 14persoirunop • hrnp�ernenIJing escAadon pirocediures to ii,ec,(�)llvecoiiii�1j�allii,nts We I�nr:urJtor ouir Vunteinnoll IIjolrfori-inaince thl-OUgh * Il iijsiiness resuKs * Accoii.iffl.r II (:Mews with our managel'Tent twc span * DireOcontact, between AT&TexecO'Jves or &rect,ors and y oiganizall'Jorii's (?x(?cuI�Jves and chirectoi, s * [eedback"II': hat you pirovIide to your AccouirdMainager and other accouiYI�:eaim rneiiiflbeii-s T-ios 11Tneains b-iiat you i-,iiave an dedIicated ac(,OLjrdcoffl:acI who Ps r&: ponsHaie f0l'YOU11" satisfaction. �::br ATM \Adr6ess servi'ces, we Ilproaade severali rjedIicated SLJIlill,,)ort gioups to Ilnoplla you oirder pr()dUCtS and servlces or tIl-OUbies[ioot issues. These girmflJS ilI'IdLjde a MobflHty CeintLer of ExceHeince (MCOEr)- prcMdes SUpport and seirvuce mainagerneint vanioL)HHty ser),I ri(: It 0ce mria agers �iri a jocfled eiMir( ii III :�J, ITN No.: DMS -19/20-006 !!�o Page 21 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 224 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANA1131EI AT&T Response to The State of Florida Department of Management Services' SERVICES I ITN NO: DMS -19/20-006 for Mobile Communication Services * Busiiiness MoL)flhty Centeir (13MC)- supports end useirs and AudhorJzed Oirder Ila 11aces (AOPs) four sninaHl oiusllnesses, rne6uirn to airge corporatoins,, aind goveii,ii,iiii,ieii,itc,�KK,toiiiieii's * Busiiness Mo[aflhty Einabllenieint (DME!r) processes airnd ftflhllk orders and Ilalrovd sblrnlllln urequuests Pirovldes defflca ted lJoSt sak:�s sup�';)ort to Audhoirzd:,d Order Racers (custoinieir key contacts, �)irogiraimi and t6ecoini Ili nainagers) for arge Coii,poii,to/[! iiiLeii,pii,Ilce RE11,�30111Sfl3flfty custorners * interpinse Techli,,Jcall & 1paoirt S) assists I (':sllecoii,ii IlManagers and !!!inteiqjrllse II 16p Desk )�:Nrso111111116lin einterpiIlse v6ce aird data seirldces * Interii nadoii,41 Siijlaport r addresses vollce and data coinceil flour custorners whille Chey are roarnung hnternadoinaHy or if they Ilhave specKlic, linterinatioinaVroaminggluesboins The n-neimbeirs of these groups receive extensht(?, II'E?gUair tralining on tedhin(flogies, d(?0ces, aind seirvt ce offerings, The foHwJng ta�alle proviides d: eta abC)LflII�11(?" (? sW�poil ,t, groups nIchidling conLacJinuirnbers, blushress hOUirs, and support functbns, Busllness 11\46bfllity Sokidoins Center (113s C) - A0113/lEnd Usm Main:800-331-0500 A011l' I-EnUmpidse� 800-999-544115, A011) Sii ffiz: 866-288-7629 Mon -Fid 8 arn ._.10 Ilarn (ET) Sat/Suin 9arn - 91pirn (11:-:- ll') Bijsllness II\46Aity Eina[)tement (NME) 888-444-4410 11douirs of 011,)eiranon I o in - F I i 8 Ands — 8 1) 1 E if Sat/Sitin 1D:00 AIIM - 7:00 1 Ell' ITN No.: DMS -19/20-006 Attachment A: Statement of Work BIMC SUIppoirts Aun-ioidzed Oii(Jeii l�'Iaceirs (A011l)s) and oind useirs foir 5 BUR ll ll ii Isi ness(:.s, med i u ni to V a 9,e conl)oit a t ons, a ind g()VEN III ME!Ilt custonneirs. R e ) it es e ii i t a tai v e s lhn ii o v il d E:u C uJ S t 0 it-rl i 2, e d a c c o I in L s ii j llD llj o ii, t t h ii, o uii g � i: Answeii fing (juesti0ii ns it patent to roaniling, systein, equill)inent, aind coira:iactr, I ain(fifing user serviices such as II Me plans and featuuires s e ProvVdiiigover',�illllwiliieessiiilfoiiiiiisitila)iii R"pies eii itatives * 11 aii iffle oirdei,Ing, provisioning wi d fiflfflHin eii iit *Il ieI:6ve tiralinfing lila jHI nen essary busliness systeims aincl Ilnave speciFflHzed Ilauu.siluness took to llarocess bulHe oirders /innigrabons * Assast lwsuiness lmy n:�ontacts, authorized c„irvl useirs Fund fl -ie sak's chanin6s fl-IA SUIJ113011it t1 -110S(! inCCOUIIB Wid-11 � e NewoMeits * Kgraflons and upgrades - Istlllllllne (e,g, Cw;Unneit DIE?Ct dell deit Ing, ME:fl,I4 Web Ordeii Ing Foil rnn) * Accossoiyonleis Assist IllindiivilsHauall Re113onsfljfllty Users (IfWs), Corporate Rosjjx)nsflofllty Usciis (CRUs), SinnaHI Iliuusllllness 11�leirsoiwflll IaL)flity ,!!�o AT&T Business Page 22 of 100 Mobile Communication Services 225 Contract No. DMS-1Q/2O-006A Attachment B - Final Statement ofWork wANxEmcm �0�� AT&T Response toThe State ofFlorida Depa�mentofK8anaQement Services' SERVICESn� SE:v|� ITN NO: DK8S'19/2V-006for Mobile Communication Services internationa| 0ser&pp011't 11314.925,,6925 24/7 Mobi|hyCenter of' ExceUence (M-COE) aind s0ect Mobile Engagement,, (5BPUusers,and So|ePi oprietarycustome�W�flhTranskrof BiUing ResponsibiUty w Assist R11, Is, (RUs,SBPLand So|eProprk?t rywiflhadda ]ine!, Loca|NumberPoitabi|hy(UNP)pods andartixations, * AssistCRUsnvithnew servire,L11�11PpoIrts, and activations w Assist Consunnei,,|RUs,CRUs,SBP11 , and So|eProprietarym/ith CRUEnrmUments |naddition,se|ectrepresentatives m Provide speciaUzedbusinesucare forTe|ecomK8anagersand �eycontacts s 5upportdata he|pdesk and internationa|caUing/nuannin0 issues * ReceNetraining inaUnecessary busines systeinuand have specia|izedbusinessWok topnoueusbu|kchan;les etc, w Assist �eeyco��ctssj�rhmeraU%�oire|essprogram management,inc|uding; m Bi||ing/repo�in�productsuppo� m Bi||inginquiries/isuuesand paynnentprucessin� � Accountand service |ew6| chonges, such as rate 'flans, features,etc�(sing|etranslactions&bu|kchanges) w Equipnoenttroub|eshootingandupgrades � Netmorktnoub|eshootinQ w Genena|serOce iii fornnationandnoignatiuns HOp Ces�prnv�desfmeesupport to U�. based mobi|tycuStmmeI's vvhocaUfil Orin theirAT&rTnoobi|edev�cevvhi|etraveUn0abroad. AT&Jl's euiMdng8usineaCaneteams (abuve)sh�Nu|dstiUbethe ��pointufcontactfoii, ordering,accountmaintenancerequests, andinquiies.|nthe event that the Business Careteannsare not nneetingyourenpectatimnsmr�ouhaveacritica|issue that needs imnoedietea�entinn,p|ezsecontact the K8ubi|�yCUE- The MobiUty[enterofEuceUence(11M-[QE)providesenhancednnobty su)porttoAT&Tstop business customers,TheM-COEService Managers address servicerequests and provideupdates onthe issue'sstatus unti|itisresu|ved, Ad(ihtbM4�s�,je6iz�izedSup�JOrtteanOsilld�ude � BUsiiness Mo[)i�fty |QT H6�.-rdesk (BM bT H)) proVles teC[irft@� e)qpertise to sUpp0[tCUsboOOers' |T perDoirrDe|, h6p desk te@rMs, and tB�eCoim Mnainagers VVW-i |oT�ssUes. � Adv@inCed SohUffi0ins CUstorMerServ�ce ll �6pdesk(AS(-SH0)--proNtHes teC�hiiiC@�e)qpertise to SUppoO�� cUstQrneirs'|Tp8rsoMM6Lh6�p desk te@r-is,Grid t6ec0rMM1@n@gerD 0 MQbflhtxDepk-)yrn8Mt SDhubioins(MUS)--rh8ll@ge6@Md8veirSeeS�@rgeM1��i��w��uti�M �nl�|erMe in t@tioM ITN No.: Page uom1oo � u��fQ&TBusmess mum|oCommun|ouuonS*�woo *uaxxmemx�S��mon�u[mmm 226 Contract No. DMS-19/20-006A Attachment B - Final Statement of Work MANUEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS-19/20-006 for Mobile Communication Services .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2.2 Key Staff Position - Account Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Account Manager as the primary contact for DMS during the Contract term, including renewals. This is a required key staff position. The Contractor is required to provide a full-time Account Manager for all services under the Contract. The Account Manager will be the senior manager and primary contact with responsibility for all day-to-day MCS issues, including, but not limited to, coordination and resolution of all MCS activities. The Account Manager will be a senior staff member able to carry DMS concerns to the Contractor's management personnel. The Account Manager or designated backup(s) must be available twenty-four (24) hours a day, 365 days of the year. The Account Manager is required to participate in the various workgroups to accomplish services available under MCS. The Account Manager shall possess the following minimum qualifications or equivalent experience: 1. A minimum three (3) years' experience working with government clients in a government account management or sales role. 2. A knowledge of government business practices, including State practices and practices of Customers. 3. At least three (3) years' work experience in the telecommunications industry. 4. Strong verbal and written communication skills, including the ability to communicate effectively at all levels of an organization. If the Contractor is providing Public Safety Services, the Account Manager must have experience in the Public Safety proposed services. 2.3 Key Staff Position - ProjectManager The Contractor shall assign a dedicated, but not necessarily exclusive, Project Manager, This is a required key staff position that must remain filled until the Contractor completes, and the Department accepts, the project closure documentation required by Statement of Work section 3.26.4. The Project Manager shall oversee and take on the responsibility for the success of all projects. This individual will be the point of contact to coordinate all implementation and migration with DMS. This individual will manage and direct the planning of the Contractor's staff and resources. 227 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services The Project Manager shall possess the following minimum qualifications or equivalent experience: 1. The ability to be responsible for every aspect of all projects related to this Contract. 2. The ability to lead and direct teams to deliver projects within the constraints of schedule, budget, and resources. 3. Demonstrated knowledge and experience to appropriately apply a project management methodology to projects. 4. Experience using Microsoft Project and the ability to keep all projects updated frequently and accurately. 5. A current project management certification from the Project Management Institute, Scrum Master Certification from Scrum Alliance, CompTIA Project+ certification from CompTIA, a Lean Six Sigma certification, or other equivalent project management certification approved in writing by DMS, or at least two (2) years of equivalent work experience in lieu of a current project management certification. 2.4 Key Staff Position - Business Operations Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Business Operations Manager. This is a required key staff position. The Business Operations Manager shall oversee business operations, including billing, ordering, and related business operational procedures. The Business Operations Manager, acting as the DMS advocate, will be a Contractor senior staff member able to carry DMS concerns to the Contractor's management personnel. As the advocate, the individual must have the authority to direct the Contractor's staff to effect business operational procedures and related outcomes. The Business Operations Manager is required to participate in the various workgroups to accomplish services available under MCS. The Business Operations Manager shall possess the following minimum qualifications or equivalent experience: 1. A minimum of three (3) years' experience working with government clients. 2. Knowledge of government business practices, including State practices and practices of Customers. 3. Strong verbal and written communication skills, including the ability to communicate effectively at all levels of an organization. 2.5 Key Staff Position - Engineering and Design Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Engineering and Design Manager. This is a required key staff position. The Engineering and Design Manager shall function as the point of contact for all engineering and design issues. The individual will be responsible for directing all aspects of engineering and design ITN No.: DMS -19/20-006 Page 25 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 228 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... concerns for the services. The individual must have the authority to directthe Contractor's staff. The individual or designated backup(s) must be available twenty-four (24) hours a day, 365 days of the year to manage and oversee restoration of services and to respond to State requests. The Engineering and Design Manager is required to participate in the various workgroups to accomplish services available under MCS. The Engineering and Design Manager shall possess the following minimum qualifications or equivalent experience: 1. A minimum of three (3) years' experience leading an engineering team responsiblefor services similar in size and scope to services available underMCS. 2. A Bachelor of Science degree or higher in an engineering discipline. Equivalent foreign degrees are also acceptable. Equivalent work experience of five (5) years is acceptable in lieu of a degree. 3. Five (5) years or more of engineering work experience. 2.6 Key Staff Position - Operations and Security Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Operations and Security Manager. This is a required key staff position. The Operations and Security Manager shall serve as the engineer capable of communicating with other engineers as needed to resolve day-to-day issues. The individual will communicate with DMS and engineers from other Contractors providing telecommunications to the State and, ifapplicable, subcontractors. The individual will function as the point of contact for the day-to-day networking, service, and security issues, typically those involving real-time concerns. The individual must have the authority to direct the Contractor's staff. The Operations and Security Manager, or a designated backup(s), must be available twenty-four (24) hours a day, 365 days of the year as required to manage operational and security concerns and respond to State requests. The Operations and Security Manager is required to participate in the various workgroups to accomplish services available under MCS. The Operations and Security Manager shall possess the following minimum qualifications or equivalent experience: 1. A Bachelor of Science degree or higher in a computer science, information technology, engineering, or similar discipline. Equivalent foreign degrees are also acceptable. Equivalent work experience of five (5) years isacceptable in lieu of a degree. 2. Experience with business continuity and disaster recovery, including experience in development of disaster recovery plans. 3. Experience with information security architecture and security tools. 4. Knowledge of telecommunications industry best practices for service performance and security and applicable laws and regulations as they relate to security. 5. Knowledge of current technologies and processes used to establish and maintain networks with respect to security of MCS. ITN No.: DMS -19/20-006 Page 26 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 229 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services The Operations and Security Manager should possess the following minimum qualifications: 1. It is preferred, but not required, that the Operations and Security Manager be a Certified Information Security Manager, a Certified Information Systems Security Professional, or hold another current industry -recognized security certification. 2.7 Customer Support Team The Contractor shall provide a Customer Support Team for this Contract. This team is not required to be full-time staff (part-time staff is acceptable) or exclusively dedicated to this Contract. However, the appropriate amount of staff at any given time (for example evening, weekend and holiday staffing may be less than weekday business hours) from the Customer Support team mustbe available twenty-four (24) hours a day, 365 days of the year. The Customer Support Team shall provide: 1. Timely Customer training in reaction to changes in services and features offered. 2. Timely resolution of servicerequests. 3. Full staffing for projects to implement new technologies, related services, and equipment features that are supported by the industry. 4. Timely closure for operational changes. 5. All applicable deliverables by the due dates as provided in the SLAs. The Customer Support Team shall include at least one (1) named individual to act as the CSAB Administrator, with responsibilities described in Subsection 5.7, User Access Privileges for the Contractor. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. I Services and Devices for Mobile Communication Services 3.1 Wireless Voice Services This subsection is applicable only to WVS. The Contractor must provide WVS using digital technology as the primary communication mode. WVS will include cellular phones, smart phones, tablets, and other similar devices capable of making voice calls to cellular devices and to traditional phones on the PSTN. WVS will also include broadband access for email, internet browsing, texting, and numerous applications, such as those providing real-time traffic information. ITN No.: DMS -19/20-006 Page 27 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 230 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services International calling must be disabled by default, but Customers will be permitted to place an order to enable international calling. The Contractor shall provide Customers with the option of having texting disabled. The Contractor will coordinate directly with the Customer regarding texting capabilities. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.2 Wireless Data Service This subsection is applicable to only Wireless Data Service. The Contractor must provide WDS. The Contractor will provide non-proprietary wireless broadband data communications. For State agencies, security policy requires the Contractor's broadband data access to terminate on MFN by default. There may be instances where the Department's policy will permit broadband data access to terminate directly on the internet. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.3 Wireless Data Service - IP Addresses This subsection is applicable to only Wireless Data Services. The following are minimum requirements: 1. DMS will provide the Contractor work orders containing IP addresses, or a range of IP addresses, to be associated with wireless devices. The Contractor must configure MCS devices with IP address as part of the activation and setup for the device. For closed user groups, the Contractor must configure 1) public IP addresses owned by the State and Other Eligible Users or 2) private IP addresses furnished by the State and Other Eligible Users. Since not all private IP address space is available for use on MFN, a mutually agreed upon private IP address allocation block assignment (or other agreed upon method) will be finalized within the negotiation process. 2. The Contractor is required to provide publicly routable IP addresses as needed to support all Customers in public user groups. 3. The Contractor will associate a particular wireless device with its closed user group (if any). The Contractor will assign an IP address to each wireless device and update the work order in CSAB with the specific IP address assigned before the Contractor closes the work order. A record of each closed user group and the associated wireless devices (including the electronic identifier and IP addresses) is maintained in CSAB. 4. The IP address assigned to a particular wireless device must be permanently assigned unless and until a work order provides that the Contractor change the address. Static IP addressing is acceptable as long as the address is coded (hard or electronically) within the ITN No.: DMS -19/20-006 Page 28 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 231 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... device permanently. A unique IP address dynamically assigned to the device is acceptable as long as the address remains permanently assigned to that particular device. The dynamic IP address assignment mechanism must permanently assign the same address to the same device from an IP address pool assigned to a particular closed user group. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.4 Wireless Data Service — Access Circuit This subsection is applicable only to Wireless Data Services. Where Customers have non-MFN networks (for example, non -State Agency Other Eligible Users), Contractors may utilize the Contract to provide their End-users with wireless connectivity into that Customer's network. This design requires an access circuit between the Contractor's IP networks and an Other Eligible User's (OEU's) network. These access circuits are not offered by DMS as a SUNCOM service. DMS is not involved in ordering, billing, provisioning, payment, network support, or other aspects of these circuits. OEUs utilize their organization's procurement procedures to purchase their access circuit. All aspects of this wireless connectivity access are the responsibility of the OEU's organization and the Contractor, not DMS. In accordance with SOW Section 3.15, Contractor will configure Contractor's end of the tunnels, and the Customer will be responsible for the Customer's end of the VPN. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. ITN No.: DMS -19/20-006 Page 29 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 232 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services Access Circuit No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.5 Wireless Data Service - Closed UserGroups This subsection is applicable to only Wireless Data Services. The Contractor must develop, implement, and maintain a closed user group isolation method for WDS. The design must result in the segregation of all IP traffic into individual closed user groups. DMS may consider a virtual circuit, Virtual Local Area Network, or Virtual Routing and Forwarding (VRF) to be an acceptable closed user group design configuration method. Other Contractor - provided isolation methods are acceptable as long as the isolation method provides equivalent isolation design outcomes, as determined by DMS. The Contractor -created and maintained isolation method is required to be in continuous operation providing separation of wireless data traffic into distinct closed user groups. At all points between the wireless data device and MFN, Customer traffic must be isolated from ITN No.: DMS -19/20-006 Page 30 of 100 Attachment A: Statement of Work AT&T �3usines Mobile Communication Services 233 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services all other traffic within the Contractor's IP networks. There must be no alternate paths into or out of the isolated environment and no means for other entities or devices to access the isolated environment. The Contractor will place each device in the closed user group as defined by the CSAB work order. Customers will have the ability to have multiple closed user groups configured within the Contractor's IP networks. No IP communications will be permitted between closed user groups within the Contractor's IP networks. End-user Closed User group gro up 2 F'i'gure 3 End-user fl,,,:,, :, group 2 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.6 Wireless Data Service — Network -to -Network Interface Design This subsection is applicable only to Wireless Data Services. ITN No.: DMS -19/20-006 Page 31 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 234 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services The Contractor must work with DMS and the MFN contractor to establish a network -to -network interface as shown in Figure 4 to route wireless data traffic across the internet to MFN. For redundancy, the interface design must use IPsec tunnels which connect to two (2) geographically separate gateways approved by DMS. In each network -to -network interface location the Contractor must provide equipment and a corresponding design that will function as an IPsec Virtual Private Network (VPN) concentrator. Each interface will be configured with internet connectivity for the concentrators. The interface design must utilize a primary and secondary interconnection scheme preventing any downtime or performance impact to the connectivity with MFN or downtime for the service. Each interface will function equivalently, including the available internet bandwidth capacity, operational software images, and overall configuration. The interface locations must always automatically failover. End-user ro up 2 lPsec VPN Interconnection into MyFloridaNet The interface design must support VPN connectivity through the use of IPsec tunnels between the Contractor's IP networks and MFN. The Contractor configures IPsec tunnels to create closed user groups for traffic between the Contractor's IP networks and MFN. The Contractor routes closed user group traffic originating in the Contractor's IP networks to MFN via the internet, in coordination with DMS and the MFN contractor. Using a design selected by the Contractor and approved by DMS, wireless data devices must be provisioned to continuously operate within closed user groups. ITN No.: DMS -19/20-006 Page 32 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 235 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services The interconnectivity design, agreed on by the Contractor and DMS, must provide redundancy with automatic failover between MFN's two (2) VPN interconnection locations. The Contractor's interconnectivity design must be configured for the Contractor to monitor network connectivity between the Contractor's IP networks and MFN. In the event of a connectivity issue between the Contractor's network and MFN, the interconnection design must automatically failover and start routing traffic within the failover metric. Attachment C, SLA -1131. Successful failover means the interconnection with MFN operates without any loss of performance compared to the interconnection performance prior to failover, or an alternate solution, as proposed by the Contractor and accepted by DMS through the Change Request process.. After the failure has cleared the Contractor's interconnectivity design will, over time, automatically reestablish the tunnels to the MFN primary concentrator. The Contractor is not responsible for connectivity loss if the MFN VPN concentrators fail simultaneously. DMS will provide the Contractor with the configuration parameters for each closed user group's IPsec tunnel. The Contractor must adhere to the configuration parameters while provisioning the concentrators. The Contractor must configure a unique IPsec tunnel for each closed user group's IP traffic as specified by DMS. The closed user group naming convention (or network identifier) will be mutually agreed upon by DMS and the Contractor. Each closed user group's network identifier must correlate to a unique IPsec tunnel. DMS will provide the Contractor with the MFN tunnel termination IP addresses, IPsec pre -shared authentication keys, and tunnel configuration parameters for each tunnel. All information regarding IP addresses, IPsec authentication keys, and tunnel configuration parameters must be treated as secure State data. At no time will the Contractor transmit this information in clear text. The Contractor must configure each unique IPsec tunnel to terminate on the primary MFN IPsec concentrator and also configure the tunnel to failover to the secondary MFN IPsec concentrator. Within Figure 4 above, this is shown as "MCS VPN Concentrator' directly adjacent to the MFN section. This is currently rented from and managed by the MFN contractor. DMS will provide the Contractor with two (2) unique publicly routable I P addresses for each closed user group's IPsec tunnel (primary and secondary). The Contractor will use one (1) of the two (2) addresses to terminate the tunnel at the MFN primary concentrator location, and the other address will be used to terminate the failover tunnel at the MFN secondary concentrator location. The Contractor must provide and use at least two (2) publicly routable I P addresses for its IPsec interconnection design; one (1) IP address for the primary tunnel termination and one (1) to terminate the secondary tunnel. The Contractor will ensure that each wireless data device that traverses the IPsec interconnection will have a unique IP address permanently configured within the wireless modem or device (smartphone, handheld computer, laptop, etc.). Using the IP address provided by the Contractor, the Contractor must statically or dynamically assign each device within a unique closed user group a permanent IP address. The Contractor must configure each unique closed user group within its IP networks using the applicable IP addresses. At the MFN ingress point, each closed ITN No.: DMS -19/20-006 Page 33 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 236 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... user group must be logically mapped into the appropriate MFN VRF. Adds, moves, or changes within a closed user group's configuration require a workorder. The Contractor must upgrade the network -to -network interface when the encrypted throughput, processor utilization, or port speed reach seventy-five percent (75%) of capacity specific to the Contractor's owned network to network connections and devices. Internet bandwidth must be upgraded by the Contractor if bandwidth utilization reaches seventy-five percent (75%) of capacity. All network -to -network interface upgrades must improve capacity by at least twenty percent (20%). Attachment C, SLA -1132. All upgrades are at no cost to the Department or Customers. The Contractor will give DMS, and the MFN network monitoring tools, read-only SNMP access (or an alternate solution, as proposed by the Contractor and accepted by DMS through the Change Request process) to monitor performance of the network, including network -to -network interface components. The Contractor must establish monitoring of SNMP performance metrics, which are measured over each five-minute sample. The primary and secondary VPN concentrators must support the following IPsec parameters: IPsec Parameters IKA (SA) Main Mode Encryption Strength 3DES Authentication Pre -Shared Key Diffie-Hellmans (D -H) Groups 2 or 5 (group -5 preferred) Perfect Forward Secrecy Pfs Data Integrity Hash Algorithm SHA IPsec (SA) Quick Mode Security Association (SA) Lifetime 86,400 seconds (maximum) Authentication Type HMAC-SHA Security Association (SA) Lifetime 28,800 seconds (maximum) Simultaneous Active Tunnels 1,000 (minimum) ITN No.: DMS -19/20-006 Page 34 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 237 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the Respondent's commitment to the appropriate industry standards. 3. Describe the design. 4. Describe the portion of the design used to trigger the automatic failover. 5. Describe the failover and failback processes. 6. Describe how you will maintain the security of your MFN interconnection. 7. Respondents may also propose an alternative design. [Enter the response here as needed to provide a complete response] I T° Ii e spoin se I Ilea se see the fuullllouelusg a E:ISS uollsEue. 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. Response: REDACTED AI&T supports the lySec Ilseumeumeteurs detelillled above. 2. Describe the Respondent's commitment to the appropriate industry standards. A & f IIlteslpouiuise: Al &T lis involved uAdtahs only false usuomeu edlllslln:1 ii nduustry stain girds pll-ouulls s. suein4l liundUsLry rr'uLaindell ds gir ullulps Ifunckiid&e °' u A lini e 11"II u:as (foin,neir]y 4G AIIeII IIcarrim 5G Auut:oum U lee Alllloai nce (TAAA e Alllkaince u)r qeclornrnuuunus°atT oirs IlnduusIiry Tolh lJollus (ATB), a nckxfilng XDC, ttAyu..11 Ty:� Eypy:: VATIC, I0C, NAF:: II"TUHVI:, pFT(.;, TtlhIl , Il)y(3, PTS(, yllyAC, T II TF, TIIA➢(..)(", \At lLSX,, e Aunµnera can Ifyeyyl try for Vr ter nets VTlll.ur nllv)ells (AUIy) AIHSeeu'n Allllila nce AFIFI tT,u.uunikty AIIIIVeli nce (A ;u.uA) ITN No.: DMS -19/20-006 Page 35 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 238 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ............... Broadband F�brum (Ir IL VA Otheir exterr,4roups andude: * Coinimoin GrouirdXhainu(CGA) * Consurneir I echindogy Assobatbin (C 11 A) (Iech.Coiinr6ttees)* [foirinneidy knowin asCEA�j * CoIrani: nua Il leahlhi khainice (Coin6inua) * Dg�tal LMing Network: lhance (Dll NA) * Dsti,Hbuted Coiinpubing hidustiry Assodaboini (DOA) * DigtaV Cont:ent IL.ucouystern (D��G�I) * Distributed Managel-rlEflnt Task Fbirce (DM II * Duropean ]'(�Qecoii-nii-iiiLushicatlioiiis !� tainclairds hnsbtute (T II) * Fheed Mirdess Coinirnuinus labons cozfldJoin (F�'wcc) * [�:uHH Senke Access Network (p:: AN) * GW!4l Ceirtfflca�PJoin r:eirurn (C V:( * G&M Assodzftbini (G&MA) * Goba4lkofoinqi N e lfN e lfL r:: o it u n HorneGrki :�brUrn RJiman [:actoirs aind Ergonoiinic Sodety ITN No.: DMS -19/20-006 !!�o Page 36 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 239 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHIEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ............... a punntiilfauudo of E]eCdrirlcall and Uectironlcs Ering�iineers Coii11i,1iIitte�:^802 (802,3W(3) a hns6tiute of E]eCdrjj,,lC,3 ll and Uectironuc�s Ering�ineeirs Sd:randairds Assocuadon (Hl 11- SA), ilindu&lg P2030 Woirkling Group * hns6tute of E]ectr1ufl and EkKtironucs Erring�ineers Coniniunocatbins Sobety(p[![![!'Cojj`InSOC) * ldentHy Ecosystern St:eeiilng Groiup (H)ESG) * hndusti,l Ilinteinnet Consorbum (HQ * hn-Locatoin Xhaince * Interii �adoii,4� Ca[i�e PirotectIion Cominfttee (lG)Q * lnteinnadoi,4l leIlecoii,-nrnuiiilicatiorisSocuety(IlTS) * Ints!irin at ioin a 11 I epecoiiviii,ii,iii,inpcapaii(:)iii Lhniton 1111 U), InoufflIlIgII i Ilj U R, and j * Ird.reirinO.r Eriiigineering Task FbIrCE, (IE einnet Socety (60C) J@VFu Cojjnj-ntjjjli qry II 11'0(, S Messaghng, MaWaire and Mo[afle AntilAbluse WorkIing Group (II\43AAWG) Metro r:bruiii,i (M[!r:) Natbinfl Eimeirgeincy NUTflaeir Associatloin (NErNA) Natbna� Slpectirum IlManagemeint Associaflorii (NSMA) Cy[)eirsecuilty and Infrastructuire Seciiiii"Ity Agency (CIISA) at the U.S. Departimeint of loirn6and SeCIAlity CoiinpUter Eimeirgeiricy Iesponse Tea m/('oor d� iruuffioin Ceintw(CERT/('(') Fbrurn of lncudeint Ihtenllnonse and Seciurfty Tearns (II lRS 1) Nadonap Secuilty II epe(:oiii,imurdcadoins Advisory Coirnrn� ttee (NSTAQ, a federaadva lsoiry COLA111Cfl to dhe piresideint of the Uinked States on IIssLjes of nalJoi,4 seciurfty and ernergeincy ji-eparedness Nadrjojjn@�� Coor6nabing CenLeir foir (NCQ \,V,flch servesas ]I(: �I III foll 11,11,)tI011,1 �, :1 ShairIIng aind Ana�yslIs CentE:,ii, (�SAQ for corni-nU1111Uitbins and oirgain1zes qpeiradj()i-41res�aonse actJVtJes IiIIn the event of both cybeir aind physlc6l ilricildeints * Coii,-irniin,itjii,iiicnutuoii,ns Sector Coor(finat�iing Coiuincfll (CSCC), which condLIOLI, plannung actM6es on cybeirsecuirfty uSSUes Wth the U1S Depajj,Irjj I n ,Iieint of �� brn6an( S�nciijirfty * U. Centre for the f1ii"otecdoin of IlvJzflJounoll Il III fll-aS L111XtUre (CM) Natbinzfll SecurltLy hifoirrinaboin E�rxc[iainge (N&E) * Varbus Il infoiri-natktin Sha Bung and Air4ysus Centers (6ACs), 111Ckj&ing lhe hnfoirillat110111 1'echiri6ogy, Auto mind IRetnalill 6ACs * U.S. Ilu.nfiraGaird ITN No.: DMS -19/20-006 Page 37 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 240 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEI AT&T Response to The State of Florida Department of Management Services' SERVICES I ITN NO: DMS -19/20-006 for Mobile Communication Services a Qaein Vi,4CoinirnuilftatJoins COITc0111'iILI 1111 (OVCC) 0 Orgarlza6on Toll tl" Advainceimei-0L of S�,:i'ILICtltflred liriforima6on !;tandard� (OAS6) a P4 a POIAter MaiJ�ws NMaince (TI A( 0 PTCRB a QuE!J F'011'U11"n a SiinaH CeH IY::oiiiirn ftriirieirly Fenito IY::oirurn) a PGA—The \Alfirek?ss Ilrifras�ii,-uictuireAssocl ti(:)iiI 0 SecurtyactMHes Wt[iln the hiterinet U,,:un�iiunom"•',Ru�iiun T cllc IY� oirce 0 Sobety of Moton Rcture aind 16evsk)ir Einguire(:Irs(&MPTE) a TM [oriijni a Uinuted Statemi 1TU Assocliaflon (US1I UA) a UinhteirsaRug and May F:orwn (Uf)rii) a Vdeo !;eirvUces f�oirtjrn (V!;f) 0 0 f� I AHUainc�:u a Wrilr6ess BiroadL)and AHHaince 0 NatlionaV T6ecornmuiiftadons aind lInforiinadon Adininlis�:ratlion (NTl1A) a f�edei,A Cc)ii,riii,ii��ii,iii�cat�oiii�, Coil, n 1111 �SC�kxn (f�CC) COII"'�'111'rllLlllllicatioii'is Secuii1ty, R64JHHty aii-ild hiteiro1peil"43flfty CouincHl (CSMQ a Network M4jHHty Steeirring Coimiriiittee (NRSQ a UST6ecorn and dhe CouncH to Seciluire bh(:u )igftap Ecoinomy(CS),E) q1 C(?VllujVarTe!Ilecor,ririiii,iiiiications 1ndiustry Associadoin (CTM) cy[,)ersecui-l1ty \Aa)rkung giroula * Coinsswin(li, I (:Idhin6ogy Assodatoin (CIA) tedhin6op gy couincHl seciurfty woirHum ggrmq,) * Najojjn@ll hnsbtute of Standail"ds and Techinr°flogy (N61') aincl the inteirine1L Seciijrty ain&:Ii1vacy A !j 1dvUsory [ ord a(6[)A��)[) * MST NatliorlaV Cybersecurfty Center of ExceHeince * lnteil'inOof U filings (lloT) Cybersecurfty AHHance (lloTCA) 3. Describe the design. A I & I Res�ponse: 4. Describe the portion of the design used to trigger the automatic failover. A i & rIlResIpoil,tse: REDACTED ITN No.: DMS -19/20-006 !!�o Page 38 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 241 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services 5. Describe the failover and fallback processes. AT& rIlltesponse: REDACTED 6. Describe how you will maintain the security of your MFN interconnection. AT&T Reqporise: AT&r lDedicated Vrfternet (ADll), we II<eqAT&T inetwork irmdes and the inetwork 6eiineints wMin'l ouir lP backboine seCLJii,e 2417. ITN No.: DMS -19/20-006 !!�o Page 39 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 242 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... REDACTED 3.7 Wireless Data Service —Traffic Mapping into MyFloridaNet This subsection is applicable to only Wireless Data Services. The Contractor shall coordinate and communicate with the MFN contractor and other MCS Contractors. For traffic to MFN, the Contractor must route wireless data traffic across the Contractor's IP networks utilizing IPsec tunnels (one (1) unique IPsec tunnel per closed user group). DMS retains control related to security policies on access into MFN and its intranet as well as IPsec tunnel configuration parameters. All Customer wireless traffic must be in a closed user group within a unique IPsec tunnel in a manner such that it can be mapped into the appropriate MFN VRF by the MFN contractor. If permitted by the applicable Department security policies, once wireless data traffic is within MFN it accesses the internet via the MFN firewall. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. ITN No.: DMS -19/20-006 Page 40 of 100 Attachment A: Statement of Work AT&T Ausiness Mobile Communication Services 243 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services Traffic into MyFloridaNet's VRFs and Through MyFloridaNet's Firewall End -uses group 1 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.8 Wireless Data Service — Traffic Directly to the Internet This subsection is applicable to only Wireless Data Services. Customers can have their traffic sent directly to the internet. Routing wireless traffic direct to the internet provides simplicity for connectivity to web -servers and web -based applications. Sending traffic to the internet also permits Customers to use encrypted VPN traffic to access their IP networks via a Public VRF connection. For this connectivity, the Contractor is not responsible for the reliability of traffic within the internet. ITN No.: DMS -19/20-006 Attachment A: Statement of Work ' .�. AT&T A1.rslne. bq.s �� Page 41 of 100 Mobile Communication Services 244 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services Routing Wireless Traffic Directly to the Internet Figure 6 Web -servers Web -based applications End-user 2 I �r End-user 1 �itllutl�" b Contractor's IP Networks Remote Access VPN Connectivity is Permitted but mustfollow MyFloridaNet security restrictions Internet MyFloridaNet Firewall MyFlondaNet k riar t <yRF, The Contractor is not required to create closed user groups for Customers that have their traffic routed directly to the internet. Under this option, the Contractor is not required to permanently assign the same I P address to a particular wireless device. When MCS traffic is routed directly to the internet, if the MCS Customer is not an MFN Customer, they do not have to comply with DMS security policy restrictions for traffic to MFN. The Contractor must comply with DMS security policies and those policies of the OEUs. Specifics of the DMS security policy requirements will be detailed in the post -Contract engineering meetings and may vary during the life of the Contract. A synopsis of the MFN security policy. MFN Customers must access the internet via the MFN firewall and avoid using an alternate internet accessthat might create a backdoor into MFN. Under certain restrictions, MFN security policy permits MFN Customers to use remote -access VPN connectivity to gain access to their MFN intranet network. The Contractor is not responsible for the specifics of how Customers configure their VPN connectivity. No response required. By submitting a Reply, Respondent has read and understands the statements contained in this subsection. ITN No.: DMS -19/20-006 Attachment A: Statement of Work „ntl� AT&T Business Page 42 of 100 Mobile Communication Services 245 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 3.9 Wireless Data Service - Test Plan This subsection is applicable to only Wireless Data Services. The Contractor is responsible for on-going testing of the WDS's transport system (the interconnection between MCS and MFN) to ensure proper performance. The Contractor must demonstrate successful interconnection failover for each tunnel between the primary and secondary VPN concentrators as part of the Services Infrastructure Checklist signoff and as required by DMS. All test plans and actual testing must be coordinated with and approved by DMS and the Customer. The test plan need only cover WDS elements. Once approved by DMS, the plan must be included in the WDS Operations Guides. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.10 State of Florida Coverage The Contractor shall: 1. Provide the same or better level of coverage as that described in the Contractor's Reply; 2. Maintain up-to-date State coverage maps on its website, accessible to all Customers. 3. Provide service strength with as much4G/4G LTE or better (5G) service coverage as possible. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. 2. Describe the Respondent's State geographic coverage. 3. Demonstrate in detail any future plans for enhancement and expansion of the Contractor's State coverage. 4. Provide a service area State coverage map. The map shall be geographically accurate and drawn to a scale of 1:1,000,000 (1 inch= 15.78 miles) or less. The coverage map shall include, at a minimum, county boundaries, cities, and major highways. Note the decibel (db) level used in maps for the Respondent's acceptable service level. [Enter the response here as needed to provide a complete response] A..I.. ."dI°' Res ori e1 1lease see AI& II Ws a"espoin e beVow. ITN No.: DMS -19/20-006 Page 43 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEM71 AT&T Response to The State of Florida Department of Management Services' SERVICES I ITN NO: DMS -19/20-006 for Mobile Communication Services AT& rIIIReaperruaen A I &T has an exteii nsilve, 5G depktyanent aind coirnll,)Hirnentary 4G cover age across [:]orilda. irorri 201 - y.tt1A" 017- 2019P AT& I Vinvested ineady 3.3 bflhon in our mtk-6ess aii A wirehine netWOrks filn VoirklI o expand coverage and ilimprove connectMty in niore conirinirinOJes. fiat Ngure indudes Vinvestrnents of: * More than $3 billioil i V :he Miairrrr ojjft IIauderdaVe West PaVinl Beach airea * Moiire thin 42 IIIamllillioun IIID the OirlaindC) ]<iSClIITH-nee Sainfoird airea * Nearly $200 uvnillloin in Ihe Tairqpa SL F�leteiiµ,,ll�)uiiii,g-Clleaii,miateii,aiirea * Nqm�airly $300 rinillioin in dJhe^ JacksoinviHe aiirea Network upgr,ades completed liar i these fouir Ilmamrlkets in 2019 include: 0 More drhain 1, 1,800 capacity adds to c61 ses to accoiminodate rinoire retwoidori-affic 0 55 new ceH sOes 0 Seveirall Xs�:Hbuted Antenna Systern Ilan ojects :o boost kridooir and outdoor coverage a�: key venu&:r 0 Dep�oyrneiid: of 5rnak ceHs to densH'y our riOmiork and xov° de adddJona11 coveirage Our investmerd: Ilhae Vr,iicreased reka[-)fli�:y, coverage aind overaH Il eerferrnaunce for urerwunierits and bu�esses, wi�i eseitafor coi�i�egutoirs wflfairHyssso, irIlerids and coHeagLjes no rnatteii" tre dustaince. Ws zolso piinproveri cHticall coii'iiiii'nLliiiilca�l:por'iis serve ces II"or oi,Ida's Hirst reslf�)oriders usiirng the FIrstNet netwoirk. �l oday, our 4G Ilr 11 E network covers ii,nore than 330 rnHhorr Ifjeoplle. That's rnore bhain 2.61r miHhoin sqUare mHes aind over 99%, of aH1 Americans. expaii ded access to hig[j Speed kiteii-inet in f1oiIda Ilby buHdiing Irn oire thain 13 IrnrVIIIIion adcfidoinaV HNN, connechoins in the Karj`h aiiiipa )eters[)iiij'g Sairasota, W7.st IPaJurn BeaClj rr011't Pierce, Odaindo Daytona MeHboiuinne, JacksonvikEll rLjnS\A1k:k, Gainesvffle, Panama City, N/V,,-)ke Pens,)coVa and i markets "We're corn 11Tnkfted to keq,)Vng you connecII:ed Celt: in and where you need d Joe York Pi esiden T&, I Flo rida "We know dha: olur clontinued anves�irneiV: an VoiIda as vdaV :o Ilkeeping peqjle coinneO:ed froiin pubHc salh':ety aeii-soirin6 rlirjrViiig a orisis to firiends, farnHy aind Moved ones oin a dafly jass," saki Joe Yorik, president, AT&T I`Ior,Ma. "We're cominiftted to keq�)ing you connected vdhein and vdreii-e y(:)u ineed it rnost. We show foir ouir customers aind coirnirnLjriaUes, i hal:'s what: we do. WS \Adl() we aire." Viore detaHs abOLlt OUI'Wu1,6ess coverage iiin [�]oiiida, airid anywheire uin the U S, cain Ilse fouind unit the AT& llCoverage Vevveir. fbi,, updates ori U-iie AI&I wlir6ess retwork, Ihnllease vusut the AT&] inetwork ne\AIS Iheage. ITN No.: DMS -19/20-006 Page 44 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 247 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Building the Future of Wireless Connectivity, Today 11�)G is II Il,ue °ilautlaurTe of Wirmeiesrl technology and is IYcopsecd II:o .dlaurmllestarmt the next wave of nu nndou esee1l,.n r'cnod:nide iu,arnovall:Joram Q Ilorila c.lauctorners are adu eaaciy expeHenciing the Ipower ,. of yN ilia cities Re yaurnpaa tkau arderitou,.n and Sarasota aurid we're corernnutt:eci to ILII- uun&u ncawll-terncnraulP:lcrrn5tl n'o\ncau"aatyea to urvrsorITe ccru°°us mnarnnlY:iies across the state as we s ulldad toward rnat':Ilollnnannllcde cove'Iraynr 'thn s yeah. We cdnnllilvelr the L experience to botllc cor°nsrurnelrs auncd IYclaursilunesses by cdepello army two types of LGy tocIlmliII~noIIo y e' 5G,.0 over UE) L, sl"an;Ec.t:ll""nur"nn IIs expected to eIlnabie :asQGw.r If"esI or"IIses "`nveII,broader cpllsta'nni'es oin II'.Iiew cdevdc(ls auncd °s now a vaHaL llo lin rµuilllmno Il poiIda Iln"rall rets. e, 5G r.. cda�alluverrs r.ullt.r as daast s�3&::cdsa and r esllcn.runsea tomes, capaai.nde of L n uylllecaa using 5G tecllnun6o y arncd lne\At r"n.nfl rrsneper wave! sYee".Q'wr'unll'nn,a a,nrn ockllng Il,urnper"nnnccac n:nr'n"p':ed ens'.nrc:r r"rnln:mes in Ilcornllc destinations and a nee \Gema s, pl: ideaap oll. ba.na,;si ne keS, Ear i Cay"Ii-F thea, haG",,pita is aind slpor"t!s venr. ?s and Is curreffl.riy dell- lloye d irn Ilcarts of L/Ililarnia QL°I ami (3ar'eros, t iriarncdo and dacksonviddew We're honored d Ik:o work we tdn the Q prTmast IltespJ oncdeir NO: or k Authoirl t:y ( prstptllot L ll1011l-ulk:yp to Il a Hd and manage Il::urnatll40tfd e only rnatpornwklea Ilsiyllu sapee d IYcr-oaadbarnrsd c°ornnr-cnlcrnicaticnrnns pallaall.ioumrcn ad rficater] to and Ilauall°Ilaose Llaurdll .p:ou,. rner icaa"ns first r eanwllnnoll ander s arid Ik.11he eel: er°nded II'anaabHc safety colr.11rvnll"n,IIGnllnllty. Arid we take our re"wl'anoirisll rpll"I,:y :o depllaser" Hir tNet "wer"Iousiy. dn.uitllcd rig u.updaoumn ou_uu- claunreunQ.: and pcllaar i need itunvestrsaeunts lin i dor°iciaa We corntarnll.ue IP:o eateund the Irezicdna arid d irncrTeaase the coveiraye caapanaaacpty and caallanaalilldtiles of the II t rstNet: network: Bausllisose...Brullt network ernlclanrmceulnnent.s Across i:doH day we've boosted the network With Ng[n... ctll.uallpt.y ttarmncd ylspeectIl'Urµnn iirn corµnnrµnnll.urnitiers snuclln as IlWau,N, Wesi: yallr~nn Beaacllca Taau,olYaaa CrmllaITarncdo aarmncd Jacaall snmunvlllHe. Il:tarncd 14 is matin nnoiedea Ilnpld[n ctr.ualHty spect:rr.uuialn yet aspde» by the d„oaaerununneint sisen.Milipc;alldy iolr II rstNet:. We hook at IY:tauncd t..tl as Ileruinllic safety's Vii dau°ne: ilrn aun E!1111ermgency, this Iband or la;nrnn” can be c:daanr+ecd and Ilocke d pust doi, Fir,s.Q dtdet: slluinscnr+idrerµ s, in nacdcdiltilorna since beginning the Q'Ilr"stN(A Ilnna'atwWellrk exa-Yarnsiorn,a we've aunnulncdnni�l"cd Ilnew Q�IlrstNet ceii sites rin E r"an%°a"a�ll...ake Otrus, Guif, t mAtali mince, II ee',a Putnam and Gades (.:or. etre s. e P ulLllic safety asp ec:;odon:: advanced c;allpa;allcollolloes IQdiurstllNet is provirdluaB 1��11ouidsda inrullslllliYc safety witi,ii dedicated access Wheiri they meed It, as weii as an eurmtliiure conmul°nI°rcuullnlicaat:ldourn ecus straurmn with muul°mludrue IYsermedits Illdlllre mission .censtnmlic devices, ceirtiliesd appnlslllicatliorlrsa always on pr�ioirfty and lsreeul°nrnpstiorn arid Ihiigllhi quality Baurlrsd '.dB slpect:ursurns.1i"Ihese asdvarncesd cad alllillllties enable Il��IiYurs°It�INet to Ber°°dormrum dast:eulm tll°nar°m airty coulnrnurnl°neurcial networlG and IllsurliirmB its sullscuriberms the rurn�°IQ:�Ilnurottlllesd cornrnectivity they rmeesd. Qlnpaaau alla�:llecd eunser eincy support 1��'11or'iicda aBer°ncies or.r [IilrmstINet also have 24./7 access to a r.natiormtkie, dlle.et: of 76 clepanlloyapwrllc ir. 0e manor k assets l hese assets calr"rlu either be Bellplo esd for Nnlllar°nurie d ever°mts or called rulpoin in elllamergenrnclers at no acdsddtdor°nal cllLarge to Ilhuellp'first resllpsorasdenrs stay coir °nn°°mectecd aurid openraute las°IIP:era safer° airi d more effectively as herrn lives are onn tllnelii ne, ITN No.: DMS -19/20-006 Page 45 of 100 Attachment A: Statement of Work m^° AT&T Ausiness Mobile Communication Services 248 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... I°Jr°e°tNe°t; 11espom°else Qlluem,°atliiom°lois ...... leu by a gm".oala of °fof,ir nem° fiil,°ct reelllaondemrc ...... uululec thle ulelllalo rnent of the IFimrctNet; dqployable assets based on the m°weeds of Ilpublic ca,ft,rty. V II ee ynroartlphonner for Liln:e for lluulla He Safety Age riicoes .... We have a re« III on sibifit 't'oIIY public safety uum°ulllee any otlrner, mm.nn.luu.cc caum°wmrleirm .... �� m � 1 lua°It s wilby Florida a6em'.luclea spanining law eu°m omrcem.nruem.mt,, fir,e, 1,,,MS, Iheallltlllacaure, hospital einnemr emuc de aur°IIP:ulamemute emraeirgemucy u1namuageulrneu°mt auaul 911 opeura°IItiiomuc ori Fiorstlll et cain stay uup..°IIP:o-da°IIP:e with comaurtlphoinec f oir III'ffe at no additional cost. This u neamncliinrst orecllluoindelura across a emuuuliee of all sizes will have affordable accessto thele mue°tWolurk. ie II rrsbYyet inetwork exIpannsmn across Il�Iouida is Ileeh,ig clonrue oailtlh u1Vn ect feedback frorn state anrucl Ilju.ul[ikc safety officValls, Ihis II~nellllce enrvncuulre V irstNOet ucneetc tllce eV°"girt. aril Vou~n t:eni n nneeds of the Ilcu.ullcVVc safety coil nnnu.uauilty mmir A1W Vwnnflk rues everyone in our n::offnncuuuurilty nuhouullcl Ilcaoe access IP' the eduun aII Voriai aincl eu'ellrc'lloyr neint rn'a°:rnell IIuull'ITnll"II';ne" that: nli de III"" Ie ilor' da's Il�uu"II':nune 1��la-�l's sudsy we laUunched Behe"ve Mialm, a iocai Inntnat'llve ^ocpu�u llsr^e on u�u^uim�uuuurrrn 4Vl�u�arruT,riepr�a :"",ITup prtry�V�ulat� keep o��.W,.�ap�V ou�utgh and young adunuit�upfrgrou�pu�ull acl�uuuuuuuin �t.V,.�ur�� 1- reauu�us. �tV�aiia enPIpioy��W;�_IW�d M,Wannnpan�pn'.n R�ontrnuNR', s II.Nk cirea�lle d��✓ss tnMte change in our ornn�II irin tines, in aelcliltliour to the Ilea nu,ytrx n rrneanUom-ned alleuueea ..t..1, q'rn cnuuoucniitn anenut to V::lu:uaT'ida ii nu; Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 4 G REDACTED 3.11 Roaming This subsection is applicable to both WVS and WDS. The Contractor must not charge for roaming within the Contractor's nationwide footprint. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.12 Security This subsection is applicable to both WVS and WDS. The Contractor must ensure that all traffic is secured between the Customer's device and the Contractor's antenna/tower (i.e., the air link in Figure 1). Encryption across the air link is not required as long as the traffic transport method provides security equivalent to IPsec 56 -bit strength. No wireless traffic transport is permitted that does not meet this minimum traffic transport security requirement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: DMS -19/20-006 Page 47 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 250 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services Smart Phone Security Figure 11 �f l Cellular Wireless Moderra"ilouter Tablet Computer Typical Cell 'Tower Laptop In addition to the minimum security requirements elsewhere in this SOW, the Contractor must continually enhance its ongoing security features. The Contractor's security features must block unauthorized access into MFN and OEU networks and thwart potential attacks. The Contractor must maintain physical, electronic, and procedural safeguards to protect the security of its internal systems as well as MFN and OEU networks. The Contractor must secure traffic by employing strong user authentication, making certain only authorized devices connect to the Contractor's wireless network, the MFN network, and OEU networks. The authentication process must associate the End-user to a particular device. The Contractor must implement internal and external security procedures to guard its networks and applications against unauthorized access. The Contractor will provide DMS a generalized description of the Contractor's associated security procedures, or a generalized description deemed acceptable by the DMS Contract Manager, upon request. ITN No.: DMS -19/20-006 Page 48 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 251 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services The Contractor must perform fraud detection, monitoring, and prevention services consistent with industry common best practices on a 24x7x365 basis to reduce Customer vulnerability to fraudulent activities. Fraudulent calls will be the sole responsibility of the Contractor. DMS and its Customers will bear no responsibility for such calls, including, but not limited to, number theft by cloning, multiple calls at the same time, international calls on an unauthorized telephone, and calls to areas of known fraud. The Contractor shall proactively monitor calling volume and patterns. The Contractor shall immediately report unusual calling volumes and patterns to the Department and Customer, such as usage or cost doubling from the previous month. If fraud is detected outside of normal business hours, the Contractor will notify the Department's Product Manager and Customer via email. Should the Department or Customer declare such activity as fraudulent, the Contractor shall immediately deactivate the service. Given the statements in this subsection: 1. Describe in detail how the Respondent's proposal will fulfill the minimum requirements of this subsection. A°°IIII°° A iito spoinse: Reaso se :he oHowing AT&T response. REDACTED 3.13 Reviews of the Contractor's Service This subsection is applicable to both WVS and WDS. DMS Test Accounts. Upon request from DMS, the Contractor shall provide up to ten (10) WVS accounts and associated devices (with voice and broadband feature functionality) and up to ten (10) WDS accounts and associated devices to allow DMS to test the Contractor's service. Alltest devices must be premium (highest functionality) devices. All test accounts and devices must be configured to operate only on the Contractor's network throughout the continental United States. The Contractor must provide the test accounts and devices at no charge and with no limitations on DMS's use of the accounts and devices. DMS will administer the test accounts, including activating, deactivating, and supervising. Customer Demonstration Reviews. Prior to making an initial order for service, Customers may request, and the Contractor will provide, wireless demonstration equipment (including airtime) for testing. All demo accounts and devices must be configured to operate only on the Contractor's network throughout the continental United States. Demo devices must be provided at no charge for thirty (30) Business Days. The Contractor will post on its portal the step-by-step procedures to obtain the demo devices. The Contractor shall coordinate directly with the Customer regarding demo accounts and devices. ITN No.: DMS -19/20-006 Page 49 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 252 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14 Emergency Services This subsection is applicable to both WVS and WDS. The Contractor shall provide emergency services, a crucial aspect of MCS, as described in this section. ITN No.: DMS -19/20-006 Attachment A: Statement of Work ' .�. AT&T A1.rslne. bq.s �� Page 50 of 100 Mobile Communication Services 253 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 3.14.1 911/E911 The Contractor is required to fully comply with federal and State -mandated emergency service requirements, including 911 and E911 services. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14.2 Department of Homeland Security Programs The Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency's (CISA) Emergency Communications Division (the Office) collaborates with the public and private sectors to ensure the national security and emergency preparedness communications community has access to priority telecommunications and restoration services to communicate under all circumstances. The Office manages the Government Emergency Telecommunications Service (GETS), Wireless Priority Services (WPS), Telecommunications Service Priority (TSP), and Next Generation Network Priority Service (NGN-PS) programs. The Contractor must participate in at a minimum TSP, GETS, WPS, and NGN-PS in support ofthe State's emergency preparedness efforts. For additional information see https://www.dhs.gov/oec- communications-portfolio-management. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14.3 Emergency Support Function 2 Background. DMS provides communications assistance during emergencies and disasters. DMS is the lead agency for communications under direction of the Florida Division of Emergency Management. Section 282.702(7), F.S., directs DMS to cooperate with any federal, state, or local emergency management agency in providing for emergency communications services. DMS is the first point of contact for telecommunications service providers for equipment and services coordination to provide communications support statewide before, during, and after emergencies or disasters. The National Response Framework is part of the United States ITN No.: DMS -19/20-006 Page 51 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 254 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services National Strategy for Homeland Security, which details fifteen (15) Emergency Support Function Annexes. In Florida, the DMS Emergency Support Function 2 (ESF-2) consists of a dedicated team of telecommunications professionals with expertise in radio systems, voice/data/network communications, and project management. The Contractor is required to participate in ESF-2 activities and respond to the needs of the State. The Contractor shall ship the specified quantity (up to 100 of each type (basic, Smartphone, MiFi, USB) requested) of activated wireless (WVS and WDS) devices within twenty-four (24) hours of receiving the ESF-2 request, and deliver within forty-eight (48) hours. The devices will be delivered at Contract costs, with the only additional cost being reasonable expedited shipping. The Contractor shall use commercially reasonable efforts to deliver devices to any accessible (officially ordered safe to enter) location within the Contractor's service area as directed by ESF- 2. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.15 Contractor's Service Delivery Costs This subsection is applicable to both WVS and WDS. The Contractor will not charge the Department or Customers for service delivery or infrastructure costs. The Contractor can only charge for services and equipment contemplated in the EUPL, Vendor's Device List, and the Contract. There will be no costs to activate a service or device. Customers may cancel service at any time without any costs. The Contractor is financially responsible for its connection to MFN, including, but not limited to, the network -to -network interface, VPN concentrators, circuits, infrastructure components, bandwidth upgrades, equipment, and software. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.16 Highly Available and Highly Reliable Design Characteristics MCS functionality provides support for mission -critical agency Customers. The Contractor shall provide infrastructures, hardware, software, and processes designed to be HA/HR, by, at a minimum: 1. Providing designs to eliminate single points of failure, including minimal convergence times. 2. Utilizing redundant (or backup systems) hardware and software providing continuous ITN No.: DMS -19/20-006 Page 52 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 255 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... availability when a critical component fails or is removed from service for maintenance. 3. Utilizing automated interactions between systems or services to detect when a component has failed. 4. Utilizing multiple physical data paths within an infrastructure to eliminate a potential impact on performance when a path fails or is taken out of service. 5. Utilizing equipment with dual power supplies plugged into separate sources of power, which may include the use of a generator for backup power. 6. Maintaining the entire MCS infrastructure at normal operational functionality and not permitting anything to impact performance, regardless of cause. Given the statements in this subsection: 2. Describe in detail the proposed offering for this subsection, addressing the design objectives listed above. 3. Describe how the Respondent will provide validation of their HA/HR design to DMS allowing DMS to perform Contract oversight. [Enter the response here - 500 words] I.. ..I.. EeIIFr rise: ��)Iease eras the fc)Illlowiiiig response. REDACTED ITN No.: DMS -19/20-006 Page 53 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 256 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 3.17 Reports, Updates, and Notifications Requirements This subsection is applicable to both WVS and WDS. DMS requires the following reports and data, at a minimum, to accomplish Contract oversight. All reports are to be provided at the enterprise level (i.e., for all Customers that utilize this Contract) and shall exclude any information regarded as Customer Proprietary Network Information (CPNI). Should the Contractor provide the reports through a portal, dashboard or other self -managed web -based tool, the Department's access must allow enterprise reporting. 1. The Contractor shall provide reports, updates, and notifications in accordance with the following section and subsections of this SOW: a. Monthly SLA Compliance Report, SLA -133 (Subsection 3.18.5) b. Monthly Escalation Activity Report, SLA -134 (Subsection 3.19.1)- c. Quarterly Zero Usage Report, SLA -135 (Subsection 3.19.2) d. Escalation Procedure and Escalation Procedure Updates, SLA -136 (Subsection 3.19.3) e. Notifications, SLA B7, B8, B9 (Subsection 3.19.4) f. Weekly Transition Status Reports during Transition (Subsection 3.24) g. Project Status Report, SLA -D3 (Subsection 3.26.2.3) h. Incumbent Contractor Weekly Migration Report, SLA -D7 (Subsection 3.26.5) i. Monthly Public Safety Service Plans and Devices Report, SLA -E1 (Section 4) j. Direct -Billed Accounts Monthly Report, SLA -G2 (Subsection 6.4) k. Direct -Billed Accounts Quarterly Report, SLA -G3 (Subsection 6.5) 2. The Contractor shall provide any of the items below upon request from the Department: a. Identification and validation of products/services and rates; b. Compilation of statistics on products/services from a high level to a detailed level; c. Inventory of devices; d. Services and devices trend information; e. Identification and validation of Contractor's Customer billing (to include all charges, service taxes, surcharges, refunds, and adjustments); and f. Ad hoc reports, for data and information that is available and accessible to Contractor which will be at no cost and include a report delivery timeframe within two (2) Business Days of receipt of request, unless due to the amount of data required, DMS grants a longer timeframe after discussion with the Contractor. ITN No.: DMS -19/20-006 Page 54 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 257 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services Given the statements in this subsection: Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. [Enter the response here — 250 words] III Alt` IIIIReqof n e: rll ease see 'a:111%"'N)!IIG;J'wIIII"Vg II"espoinse. A..I.. r IIRespoIinse: REDACTED 3.18 Service Level Agreement Operational Process This subsection and all sub -subsections are applicable to both WVS and WDS. 3.18.1 General SLA Requirements 1. The Contractor will pay SLAs by giving the Department a credit in the amount owed. If it is the last billing cycle of the service and credits exceed any payment due to the Contractor, the Contractor will refund the amount due in the form of a check. 2. SLA credits restart each month based on the review process and monthly billing cycle. 3. Unless there is an explicit reference to "business days," all SLA credits are applicable based on calendar days. A calendar day starts at 12:00 AM and ends at 11:59 PM, Eastern Time. 4. All SLA credits are payable to DMS. 5. The billing reconciliation for SLA violations takes place once final determination of SLA credits has been completed. 3.18.2 Reporting and Review 1. Each month, the Contractor, its subcontractors, and DMS participate in a review and scrubbing of all data related to SLAs. Based on this review, credits are developed. 2. DMS is not required to explicitly request or otherwise initiate the SLA review and validation process in order to receive SLA credits. 3.18.3 SLA Holds 1. If time is a factor in the calculation of the SLA, the SLA clock may be suspended, in the Department's discretion, if the Contractor has documented in its ticketing system at least one (1) of the reasons listed below: ITN No.: DMS -19/20-006 Page 55 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 258 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services a. The Customer provided incorrect information in its order, including an incorrect address. b. The Customer did not attend a confirmed scheduled appointment. c. The Customer was unresponsive to calls or emails. d. A site readiness requirement was not fulfilled by the Customer. 2. The SLA clock may also be suspended as identified in Attachment C —Service Level Agreements. 3. The Contractor shall troubleshoot to the fullest extent feasible, whether or not the SLA clock is suspended. 3.18.4 Contractor SLA Accountability 1. SLAs apply regardless of whether the violation was a result of human error, poor engineering design, tardy dispatch, dispatch without required repair or diagnostic tools, exceeding the scope of an approved maintenance change request that causes performance degradation (deterioration in quality, level, or standard of performance of a system, service, feature, or functionality), or any otherreason. 2. With the exception of the Contractor's failure to provide the requisite notice (see Section 3.19. Item 4), SLAs will not apply during scheduled upgrade or maintenance windows (including emergency scheduled maintenance). SLAs will apply for all other service element impacts during and after the scheduled maintenance window. 3. DMS will make the final determination on the Contractor's compliance with SLAs. 3.18.5 Compliance Report 1. The Contractor shall deliver a timely and comprehensive SLA Compliance Report on a monthly basis. The Contractor shall provide backup detail (justification) to DMS upon request. Final acceptance of this report is at the sole discretion of the DMS Contract Manager. The report will be provided to the DMS Contract Manager. Attachment C, SLA- B3. The SLA Compliance Report must: i. allow DMS to assess performance against measurable service levels; ii. include all SLAs in Attachment C —Service Level Agreements; iii. state "N/A" for SLAs for which no services have been delivered during the Implementation Phase; iv. not be locked or password protected; v. include adequate documentation, as determined by the Department, to demonstrate the Contractor's reported monitoring; and vi. will be coordinated with the Contractor and approved by DMS with regard to format, content, and level of detail. 2. If the SLA Compliance Report fails to accurately reflect an SLA violation, additional information may be utilized by the Department in determining SLA compliance in the Department's sole discretion. ITN No.: DMS -19/20-006 Attachment A: Statement of Work „ntl� AT&T Business Page 56 of 100 Mobile Communication Services 259 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.19 Customer Support This subsection is applicable to both WVS and WDS. The Contractor shall provide the following to the Department's designated recipient(s): 1. Monthly Escalation Activity Reports. This report must be provided on a monthly basis and detail the number of calls and emails related to requests for escalation assistance for technical and administrative support. The format must allow DMS to understand the relative importance of the issues within the escalation queue. Relative importance could be determined by the number of devices impacted or the length of time the Customer has been attempting to obtain a resolution to the issue. The format, content, and level of detail must be approved by DMS. The report will be provided to the DMS Project Manager. Attachment C, SLA -B4. 2. Quarterly Zero Usage Reports. This report must include a high-level summary of End- user devices that show no usage (i.e., zero minutes, zero texts, and zero data) for three (3) consecutive months. The format, content, and level of detail must be approved by DMS. The report will be provided to the DMS Project Manager. Attachment C, SLA -1135. 3. Escalation Procedure and Escalation Procedure Updates. This procedure must be developed and employed for unresolved network issues, Customer issues, or concerns that are not addressed in a timely manner. The procedure must include names, titles, phone numbers, and email addresses of contacts in the Contractor's escalation chain. The Contractor shall notify the DMS Product Manager in writing of any unresolved issues or issues that have been outstanding for more than ten (10) business days. Escalation procedures are to be updated by the Contractor when either DMS or the Contractor identify the need for an update. Attachment C, SLA -B6. 4. Notifications. Electronic notifications are required in advance of planned maintenance during instances of significant service impact, including performance degradation, over a generalized area. Attachment C, SLA -137. Electronic notifications are required for emergency and unplanned outage activities when the activity may cause a significant service impact, including performance degradation, over a generalized area. Notifications must include an impact statement, date, time, reason for emergency or unplanned outage, and duration if available. The reason for emergency or unplanned outage and duration may be sent in a follow-up notification. Changes to the estimated duration should also be sent (if available). Attachment C, SLA -1138 and SLA -1139. 5. Customer Support Team. The Customer Support Team shall address situations on a daily basis that have not been addressed within the customer support processes. ITN No.: DMS -19/20-006 Page 57 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 260 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the process which will allow DMS to support its Customers and End-users with timely notifications. 3. Describe the corporate commitment to providing DMS the information it requires for notifications on significant performance impacts to WVS and WDS. 4. Describe the corporate commitment to providing DMS the necessary Customer Support Team staffing (resources) for escalations to address situations not readily addressed within the operational processes. 5. Describe the use of an escalation procedure related to situations which have not been addressed within the normal customer support processes. [Enter the response here as needed to provide a complete response] AT& f IIResponse: Nease see the IIoQUQ,J''WGti Pflug, response. ITN No.: DMS -19/20-006 Page 58 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 261 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services I.. ..I.. R(!sporise1 REDACTED 3.20 Contractor's MCS Portal This subsection is applicable to both WVS and WDS. The Contractor shall provide an easy-to-use MCS portal that allows Customers to manage their End- user WVS and WDS devices, device management, and associated services. At a minimum, the ITN No.: DMS -19/20-006 Attachment A: Statement of Work „ntl� AT&T Business Page 59 of 100 Mobile Communication Services 262 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services portal must allow Customers' designated administrators to view the specifics of and add, change, and cancel devices and services. As changes are made, corresponding billing changes must take place automatically. The Contractor is responsible for the general content and management of and for hosting the portal. All MCS -specific content must be approved in writing by the DMS Product Manager before publication. The Contractor's MCS portal must include, at a minimum: 1. service definitions; 2. available features and options; 3. training materials; 4. product support information; 5. ordering procedures; 6. user guides; 7. equipment definitions and specifications; 8. maintenance information; 9. product configuration options; and 10. may include other information as mutually agreed to and approved in writing by the DMS Product Manager, such as whitepapers and diagrams. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. [Enter the response here - As needed to provide a complete response] A..l.. r III:te Ipoin e: k:t asp" se(: the fokowping response. REDACTED 3.21 Devices This subsection is applicable to both WVS and WDS. ITN No.: DMS -19/20-006 Page 60 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 263 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... The Contractor must provide all applicable software and firmware for each device offered under the Contract and corresponding support. The Contractor must provide a link to the manufacturer's website where Customers can download current software updates/releases and software version release notes. The Contractor must work with the Customer and make a device recommendation based on a case-by-case analysis of the intended use of the device. All devices offered under MCS must be certified by the Contractor to operate with the performance parameters claimed by the manufacturer. The Contractor will remove any device that does not meet the manufacturer's and the Contractor's performance claims from the Vendor's Device List. 1. Excluding activations involving number portability, the Contractor shall ship in -stock devices (including replacement devices) activated, registered, andready-for-use. 2. If the Contractor is unable to ship in -stock devices, or if a device is out -of -stock, the Contractor must notify the Customer. 3. Account changes made in the MCS portal will display automatically in the portal, and may take up to one (1) Business Day, to be fully processed in the billing system with the exception of a. devices that are out of stock or otherwise unavailable; b. account changes involving number portability; c. account changes with 1,000 lines of service or more should be made within three (3) Business Days. 4. Account changes made by phone or email should be processed within two (2) Business Day with the exception of: a. devices that are out of stock or otherwise unavailable; b. account changes involving number portability; c. account changes with 1,000 lines of service or more should be made within three (3) Business Days. 5. Shipping and handling fees are the responsibility of the Contractor, except for emergency and/or expedited orders. During the ordering process, Customers have the ability toapprove related expedite fees prior to shipment. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the Customer. 6. The Contractor shall provide credit and/or replacement for freight -damaged or defective items and replace the items within two (2) Business Days after notification by the Customer. The Contractor shall provide expedited 24-hour delivery as requested by the Customer for new, replacement, and upgrade devices. 7. The Contractor may invoice the Customer an expedite charge. 8. The Contractor will be responsible for the credit and/or replacement of any freight- damaged or defective products at time of delivery. The Contractor shall not require the Customer to deal directly with the manufacturer. Within five (5) Business Days of a Customer's request, the Contractor shall provide the Customer with a prepaid return label or prepaid self- addressed container suitable for the item's return. 9. The Contractor must accept returns of items shipped in error and credit the Customer for the full amount. Within five (5) Business Days of the Customer's request, the Contractor shall ITN No.: DMS -19/20-006 Page 61 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 264 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services provide the Customer with a prepaid return label or prepaid self-addressed container suitable for returning the item. Delivery of correct items will be at no cost to the Customer. 10. The Contractor shall not impose any restocking fee under any circumstance. 11. Device provisioning errors must be corrected by the Contractor. 12. The Contractor shall not provide salvaged, distressed, outdated, or discontinued merchandise. 13. The Contractor shall obtain and pass through to the Customer any and all warranties obtained or available from the manufacturer/licensor of the cellular product. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. [Enter the response here — 250 words] T IIICto 111 oiose N ea so see the Poll llmMi u „ response a Go. REDACTED 3.22 Cooperation with Other Contractors This subsection is applicable to both WVS and WDS. The Contractor must fully cooperate with DMS, Customers, and other contractors providing telecommunications services to the State. The Contractor must not commit or permit any act which will interfere with the performance of work by any other Contractor or Customers Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the corporate commitment to interact and work collaboratively with other Contractors and subcontractors, creating a team of SUNCOM service providers. [Enter the response here - 100 words] A I"" T Resp ll' orise: Rea""e ";wee "U -IIS' foHoMng u esponse. AMT uullide rs° I: II"nd s dht DMS may u,.d MCS Lo unlu_ull�tilll llo oeii iid r s and cornimlts to �:��uIIII IIaou��P::illl� �il�tll u ITN No.: DMS -19/20-006 Page 62 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 265 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... other AVIS oa�ulk:ra( 11 ors aii nd rnl.up,,)cm0:u a to1'ru. I �..i.. has a Voi n3 Mstory o \Afoirldiing win h :he State on Varge scaaI "! projects wn flh many nM"V"ntVtQ&:; ff aWairded MCS "ueV"\CVn'.es we wVH n'"op""nflnu e to nAmirk Iris a akpldt o couolpeii aboamn aind Iljro ouuraoa°nuuVasm. Due to cuusulPonrier IfaHvacy ossues and Vai\hfs, AI& II rosoiives tll e aTaght I:o request / u°'equ.uore a Ill 0:t r of Auuthudgut oin .firom ttllM S and/or end-users r: ups 11oart of tV"?In: coVVa[)oa au :Join. 3.23 Customer Migration This subsection is applicable to both WVS and WDS. This subsection addresses the migration to services under this Contract. Attachment C, SLA - B10. The Contractor shall: 1. Provide all reporting activities listed in SOW subsection 3.26.5, Project Management— Implementation Plan and Customer Specific Migration Plans. 2. Assist as necessary to migrate existing MCS Customers to this Contract. 3. Not charge any non-recurring charges as part of the migration. 4. Not charge for service activations and SIM cards. 5. Provide end-users with the option to maintain their existing cellular device(s) and/or phone number(s) at no charge — provided that the existing device can be unlocked and is compatible with Contractor's network. 6. Coordinate and communicate with DMS and Customers throughout all aspects of the migration. 7. Complete the migration for State Agencies in one -hundred and twenty (120) calendardays. Complete the migration for OEUs in one -hundred and eighty (180) calendar days. a. Migration commences with DMS acceptance of the Services Infrastructure Checklist and ends when all current MCS Customers are identified as either migrated or no longer receiving services from the Contractor. b. Migration does not include new Customers (non-current MCS Customers), Customers changing their services after migration, or non -State agencies that opt to purchase under a different contract. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. [Enter the response here — 1,000 words] III &T Respoi nscu I Hears seri: II -ie foHowing response t.. At.80 irequuestuu fu..uirilheru"I scu.0 urulioin regair&ng the tuoject Mainageiment acbVVbes IHst d Burn SOW ITN No.: DMS -19/20-006 Page 63 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 126,5. 2. AT&T agrees To r nu4u ate eousTouny u.,us�tomr: it s to flhs Contract:. 2 STT& 1 agrees To not chan ge any noiru-Ireciuri, linru4 ol'rargern as jau t of themgr bolrnw 4. ATM agrees �:o net r hairy�r for seirvice uK�ltJ 4 � � n ' � vIfliourrn sur., 2IIfy1 cards 5. ATW agrees to Iljiro rde end useirs woWlr the oll� ,Joun to niali u�t lin ull16- exlsbng collllu.flur deOce(s) and/or p Vnoine nrluir,-i er(s) at u~now hairgo. d. ATW agrees to coolrr°l i n to and cr rni,,' nuuunic to WIith DMS aind 4uustoum ers tlhi ou.u4h ou.ut aHI aspects of the Ilrr li Ir V: it olln . y. w222t.. agrees To coiiiplete the nirdgratpw:m in one ...hu. indired and twenty (220) cak:mdaird ys. a, p::ell" IIII'rcu,uVwrlt:DeII'"nT Contractors, TI"'111 s n'orn'rlll'rrn(Ninces, Mth l.)MS aad:celat nw:nr of the " w"II,. Vn:es MiraStIgjCC.u,ure ypwn:mw:p hst and ends wopwein Ikt: vst,oliuneuuw aire Wontilhed as n^utlheir rrnuduIT P.ed ou., no longer receMing srw3Qces froni thieC n",ntlr;nctor. w t'°ollr ro IVrlcurrent Contractors, Gnt"acto"s,thicrnmeI"Ies Vth DSacceptance of flheSeI"/Vwes pias M&tumpCeph`. and ends pAp e"I a CMs oireps ie ned as jn,•qa8P g sees from d :he "or aircurnbent Co"tna to laIle InIgra.ed c. pT gir t:k)n rJoes not: pa�°u p ide new T:uu Tour uou s o'um Cu,istoain eumr w p u�:ua�ny. " .^� � � 7 � �" �uun4 bI''ueuu unw:ru'ouarenn u..to,r nnigr tilon l:or'p III.urutratpwwe If uuumll o'rwe 1..42. p,ia Muria aided a°wnprwlle If:uumopect p p uw pun 12p eund'le 4'w p&T.wAtlllll dewrellop rni utu.0 lllly agireeaWe p Tropect: If 4in based u.ull�:w�on the ffi-null awairded colla�o of se vfte s, 3.24 Transition for Future Iterations of this Service This subsection is applicable to both WVS and WDS. This subsection defines requirements associated with the end of the Contract to transition to the replacement contract for future iterations of these services or similar services. The Contractor shall provide transition duties until all Customer services have been transitioned, migrated, or discontinued and the Contractor has billed Customers their final invoices and resolved all disputed charges. The Contractor shall develop and implement a transition plan and perform all tasks identified in the plan in a timely manner to mitigate service disruptions (see subsection 3.23). The Contractor shall participate in meetings with the State, Customers, and other service provider(s) as reasonably required by the State in planning for the transition. ITN No.: DMS -19/20-006 Page 64 of 100 Attachment A: Statement of Work AT&T Business Mobile Communication Services 267 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... There shall be no additional cost to DMS or Customers for transition activities. The Contractor shall timely and consistently coordinate and communicate with DMS and Customers, and other service providers, throughout all phases of the transition to ensure an orderly and efficient transition of services to any replace mentcontract. The Contractor will be required to perform end -of -service transition activities, which may take place at any time during the Contract term, and end -of -Contract transition services prior to the expiration or termination of the Contract. The full transition of existing services to replacement services and contracts is hereby explicitly made a criterion for completing the Contract Transition Plan. Upon request by DMS, the Contractor will be required to submit a transition plan for services within sixty (60) days with sufficient detail for DMS's review and approval. DMS reserves the right to request modifications. The plan must include and describe in detail: 1. How the transition will be accomplished in the leastdisruptive way. 2. The Contractor's commitment to continue to provide services and Contract resources under the existing terms and conditions of the Contract during the transition, including any restrictions and/or limitations. 3. The Customer impact and the Contractor's commitment to minimizing any impact (e.g., business needs, complexity of service, services impacted by special programs, etc.). 4. Identification of tasks dependent upon the State's data or resources. 5. Identification of all Customers by service type and unique product identifier. 6. Plan for transparent transition of services to support the continued billing, collection, and remittance of cost recovery rate forservices. 7. Use of industry -accepted project management methodology throughout the transition process. Overlapping services may be required when transitioning from one large infrastructure to another, and transition may take multiple years to complete. DMS will not be obligated to maintain Contract services for any set number of users or locations during the transition. The Contractor is required to work with DMS, Customers, and any other DMS contractor as expeditiously as possible in order to transition. The Contractor agrees to: 1. Cooperate with all entities to ensure an orderly and efficient transition of services. These efforts include taking all necessary steps, measures, and controls to ensure minimal disruption of services during thetransition. 2. Maintain staffing levels that are sufficient to handle a smooth, complete, and expedient transition. 3. Transfer all applicable knowledge, including, but not limited to, the devices, software, and third -party Contract services. 4. Provide all data related to the delivery of services, requested by DMS,that is not a tangible or intangible licensed product that existed before Contract work began. The Contractor shall bear the burden of proving existence before Contract work began, including, but not limited to, databases and other repositories of information (for example, operational, user, and administrative information). 5. U on re uest, prom tl deliver to DMS, whether or not reviousl made available, all u - to - ITN No.: DMS -19/20-006 Page 65 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 268 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services date guides, manuals, and training materials including operational, user, administrative, and any other guides and procedures the Contractor follows. All documentation created for the purpose of supporting, operating, maintaining, upgrading, and enhancing services, including, but not limited to, design documents and device configurations for services, shall be promptly delivered to DMS upon request, whether or not previously made available. 6. Assist DMS and any other DMS contractor with the planning and installation of any services to facilitate business continuity. 7. Respond promptly and completely to all questions related to the transition. 8. Provide all services and functions necessary for a complete, smooth, and expedient transition. 9. Assist the Department with the installation of network -to -network connections to facilitate continuity for MCS sites. Network -to -network connections will be paid for by the Department. At the time DMS initiates the transition plan, the Contractor shall provide the DMS Contract Manager a weekly Transition Status Report. The report shall include all impacted Customers. The format, content, and level of detail must be approved by DMS. After each End-user service transition is completed and the transition status and the billing account status both achieve 100% completion on the Transition Status Report for two (2) consecutive weeks, the Contractor may delete the service line item from the next weekly Transition Status Report. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 66 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 269 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 3.25 Contractor Meetings with DMS This subsection is applicable to both WVS and WDS. This subsection includes requirements applicable to subsections 3.26.1 through to and including 3.26.4. The Contractor is required to attend all meetings referenced in this section plus ad hoc meetings as DMS deems necessary. Meetings will be held either at the DMS offices in Tallahassee, Florida or virtually. DMS may, at its sole discretion, require the Account Manager and other Contractor's staff attend the meeting in person or allow remote attendance via a mutually agreed-upon conferencing service. For virtual meetings the Contractor will be responsible for providing the video conference call bridge. For all meetings referenced herein, the Contractor is responsible for the business and administrative tasks associated with the meetings, including, but not limited to, creation of a meeting agenda developed in conjunction with DMS, preparing of any materials, meeting minutes, and other meeting planning efforts. SLA violations include, but are not limited to, inadequate participation of required staff and inadequate preparation. Meeting preparation must include background materials and reports. 3.25.1 Weekly Conference Call The Contractor shall initially participate in a weekly conference call with DMS to discuss and provide status updates on all open or unresolved issues in the escalation queue. It is the responsibility of the Contractor to coordinate and initiate the call at a time acceptable to the Department's staff. The call frequency is expected to be modified by DMS to monthly or quarterly during the initial Contract term, which is in DMS' sole discretion and dependent on implementation and migration. 3.25.2 Monthly Operational Meetings The Contractor is required to hold monthly meetings with DMS to review and audit, at a minimum, customer support, escalations, security, and SLA reporting services. These meetings may include, but are not limited to, discussions of the network and all of its services, review of operational concerns, technical updates/changes, SLA Compliance Report, Escalation Activity Report, Direct - Billed Monthly Report, Direct -Billed Quarterly Report, security, policy, design, and administrative topics. While there will be discussions of current and future services, these meetings are not sales meetings. Agendas for these meetings will include operational and administrative items, including, but not limited to, review of operational concerns, reviewing and auditing phone tree accuracy, updates to the staff notification process, and any proposed operational changes. 3.25.3 Project Management Monthly ReviewMeetings The Contractor is required to hold monthly meetings with DMS for project management during the Project Implementation Phase. Attachment SLA -C1. The Project Implementation Phase starts with ITN No.: DMS -19/20-006 Page 67 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 270 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANUEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services DMS acceptance of a completed Services Infrastructure Checklist. The Contractor will set the agendas for these meetings, which will include, at a minimum, details of the previous period's achievements, the progress on upcoming and existing activities, changes, identified risks and recommendations to mitigate risk, forecasts, project progress, a list of discussion points, and action items with the associated responsible party and due date. 3.25.4 Project Implementation Phase — Project Kickoff Meeting The Project Kickoff Meeting will take place during the Project Implementation Phase within thirty (30) days of Contract execution. Attachment SLA -C2. The agenda for this meeting will include, at a minimum, introductions, review of staffing roles, and review of project scope. The Contractor's Key Required Staff are required to attend the Project Kickoff Meeting. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.26 Project Management This subsection is applicable to both WVS and WDS. The Contractor must provide project management services in accordance with the DMS regulations set forth in Chapter 74-1, F.A.C., for Project Management. All Project Management documents must be submitted as either a Microsoft Word 2016 (or higher) document or Adobe pdf. The Project Management Implementation Schedule shall be submitted as a Microsoft Project document. All project management documents will be submitted to the DMS Contract Manager. The following subsections contain the minimum requirements for MCS Project Management: 3.26.1 Project Management - Project ManagementPlan and Disaster Recovery Plan 1. The Contractor shall create a Project Management Plan (see Attachment C, SLA -D1). The Project Management Plan must describe how the project is monitored, controlled, and executed. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. The plan listed below is an additional component of the Project Management Plan. However, the plan listed below is a deliverable separate from the Project Management Plan and subject to final acceptance by DMS. 2. Disaster Recovery Plan. (See Attachment C, SLA -D2.) The Contractor must deliver a detailed Disaster Recovery Plan and associated plans that outline a disaster recovery methodology, backup procedures, recovery plan, restoration plan, rebuilding process, testing ITN No.: DMS -19/20-006 Page 68 of 100 Attachment A: Statement of Work ^° AT&T A'I.tSIa" ess Mobile Communication Services 271 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services of the disaster recovery plan and record of plan changes. The plan will include the following, at minimum: 1. Plan Objectives. 2. Assumptions. 3. Definition of Disaster. 4. Recovery Teams. 5. Team Responsibilities. 6. Internal and External Communications. 7. Federal, State, Local Roles and Responsibilities. 8. Services Restoration. 9. Support Timeline. 3.26.2 Project Management -Implementation Phase The Project Implementation Phase starts after DMS acceptance of the Project Management Plan and ends with DMS acceptance of a completed Services Infrastructure Checklist. The Project Status Report, described below is a deliverable that must be submitted to, and accepted by, the DMS Project Manager. 1. Project Status Report. The Contractor shall create Project Status Reports. Attachment C, SLA -D3. The Contractor must provide bi-weekly Project Status Reports, which are due via email to the DMS Contract Manager each Thursday by 5:00 PM Eastern Time, and must include: a. Project schedule. b. A narrative description of significant project activities that have been conducted or are underway. c. The progress -to -date on project activities. d. An explanation of any tasks/activities that are behind -schedule and a plan to bring them current. e. Notification of issues or risks that have been encountered and their resolution or plan for future resolution. f. Upcoming deadlines. ITN No.: DMS -19/20-006 Page 69 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 272 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 3.26.3 Project Management -Guides The Contractor shall create the following two (2) guides. These guides are deliverables subject to final acceptance by DMS. The Contractor shall update the guides when necessary as determined by either DMS or the Contractor. Attachment C, SLA -D4. 1. WDS and WVS Operations Guide. The Contractor shall create and maintain one (1) WDS and WVS Operations Guide describing the operational relationship between the Contractor and DMS. The guide must establish procedures to be followed by the Contractor while delivering services. This includes engineering, operational, and business processes for service delivery. At a minimum, the guide must include ordering, troubleshooting, trouble reporting, service provisioning, SLA monitoring, and invoicing processes. 2. WDS and WVS User Guide. The Contractor shall provide one (1) WDS and WVS User Guide that provide a set of instructions for the End-user. The User Guide must also contain device specifications, such as a recommendation of number of simultaneous users that each device can support. 3.26.4 Project Management Closure The Contractor shall create project closure documentation. (See Attachment C, SLA - D5.) The project closure documentation must include a lessons learned document, final schedule, and retrospective of the project. 3.26.5 Project Management- Implementation Plan and Customer Specific Migration Plans 1. Implementation Plan. The Contractor must submit a detailed Project Implementation Plan to the Contract Manager. (See Attachment C, SLA -D6.) The Implementation Plan must address all activities in the Project Implementation Phase, which starts after the acceptance of the Project Management Plan and ends with DMS acceptance of a completed Services Infrastructure Checklist. a. The Implementation Plan must outline an implementation, approach, activities, dependencies, and assumptions for key stakeholders to support a successful project implementation. The Implementation Plan shall include, at a minimum: i. Schedule of activities, including all Services Infrastructure Checklist Activities. ii. Resource allocation. iii. Implementation and migration preparation planning and impact analysis. iv. Network support. v. Operations Centers (operational and security). vi. Day-to-day operational support services. vii. Training — cross reference training section. ITN No.: DMS -19/20-006 Attachment A: Statement of Work „ntl� AT&T Business Page 70 of 100 Mobile Communication Services 273 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services b. The Contractor shall provide weekly reporting regarding migration. Attachment C, SLA -D7. The reporting, which shall exclude any information regarded as Customer Proprietary Network Information (CPNI), should detail the number of current MCS End- users per agency/entity, the progress of migration, and note any End- users that have notified the Contractor they will no longer be using its service. This report shall include details on the Contractor's communication with current MCS Customers regarding notification of this Contract and required Customer actions. This report is due to the DMS Contract Manager on a weekly basis, commencing with the completion and DMS acceptance of the Services Infrastructure Checklist and ending when all current MCS End-users are identified as either migrated or no longer receiving services from the Contractor or for non -State agencies having selected another contract vehicle. The format, content, and level of detail must be approved by DMS. 2. Individual Customer -Specific Migration Plans. If requested by DMS, the Contractor must submit these plans in accordance with the requirements in this section to DMS and the Customer. Attachment C, SLA -D8. The Contractor will be responsible for creating Individual Customer -Specific Migration Plans as a Customer migrates to MCS, which shall exclude any information regarded as CPNI. Additionally, a migration plan may be required if a Customer undertakes a significant or complex change in how itoperates under MCS. These plans will vary based on the proposed service and the complexity of the service migration, but must include, at a minimum: i. Schedule of activities, which is consistent with the Project Implementation Phase schedule. ii. Resource allocation. iii. Migration and preparation planning. 1. Impact analysis. 2. Stakeholder communications plan. iv. Migration management. v. Training — cross reference training section. Given the statements in subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. [Enter the response here - 500 words] ITN No.: DMS -19/20-006 Attachment A: Statement of Work „ntl� AT&T Business Page 71 of 100 Mobile Communication Services 274 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 3.27 Project Management - Services Infrastructure Checklist This subsection is applicable to all Contractors. The Contractor must complete the Services Infrastructure Checklist provided below in accordance with this subsection and submit the checklist to the DMS Contract Manager and DMS Product Manager. Attachment C, SLA -D9. The Contractor will be required to complete a series of readiness activities before DMS accepts services, systems, and processes as ready for production. The Project Implementation Phase will close only when all items on the Services Infrastructure Checklist are complete and accepted by DMS in writing. Upon request, the Contractor will be required to provide DMS any documentation necessary to demonstrate Contractor's compliance with the Services Infrastructure Checklist prior to DMS written approval of the Final Services Infrastructure Checklist. The Contractor shall not deliver any services to Customers until the Project Implementation Phase is closed. The Contractor may engage with Customers for planning purposes before the close of the Project Implementation Phase. All requirements on the Services Infrastructure Checklist must be fulfilled in accordance with the Contract including, but not limited to, the SOW. Additional requirements may be added to the Services Infrastructure Checklist at the discretion of DMS. DMS must approve in writing all items listed in the Services Infrastructure Checklist before the Contractor is permitted to charge for any service or device to Customers. The timeline for the Contractor's completion of the Services Infrastructure Checklist will be approved in writing by the DMS Project Manager during development of the project Implementation Plan. Any changes to the Services Infrastructure Checklist, including requirements and timeline, must be approved in writing by the DMS Project Manager, in DMS' sole discretion. ITN No.: DMS -19/20-006 Page 72 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 275 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services ITN No.: DMS -19/20-006 Page 73 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 276 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 3.20 The Contractor's portal is operational. 3.21 The Contractor has provided the link to the manufacture's website. The Contractor has provided its EUPL and Vendor's Device List. 3.26.1 (2) The Contractor has provided an acceptable Project Management Plan. 3.26.1 (7) The Contractor has provided an acceptable Disaster Recovery Plan. 3.26.3(l) The Contractor has provided the WDS and WVS Operations Guides 3.26.3(2) The Contractor has provided the WDS and WVS User Guides 3.26.5(1) The Contractor has provided the Implementation Plan. SOW Section 4 4 Public safety services are ready for production. SOW Section 5 5.4 The Contractor is ready to implement transactions utilizing the DMS approved method of implementation in CSAB. 5.7 The Contractor has demonstrated the ability to provide CSAB billing account and user management activities. 5.9 The Contractor has demonstrated the ability to maintain a corresponding inventory. 5.10 The Contractor has demonstrated the ability to invoice DMS for all fulfilled orders. 5.11 The Contractor has demonstrated the ability to provide a detailed invoice substantiation file and do so in a mutually agreed upon secured delivery method. ITN No.: DMS -19/20-006 Page 74 of 100 Attachment A: Statement of Work ^° AT&T Business Mobile Communication Services 277 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services SOW Section 6 6 The Contractor has demonstrated the MFMP catalogs are ready, and the Contractor is ready to accept orders through MFMP. Ai""& r 1lles^ I ourme: No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. REDACTED 4. Public Safety Service Plans and Devices The requirements of this Section 4 are only applicable if the Contractor is providing public safety services, as identified in the Contractor's BAFO. If applicable, must adhere to all minimum requirements of this SOW, including those of this subsection. REDACTED 4.1 Deployable Technologies The Contractor must have mobile communication units that are deployable technologies. Generally, the Contractor will deploy these mobile communication units during emergency situations to the ITN No.: DMS -19/20-006 Attachment A: Statement of Work A"'m VIII Counrtlu'einrEiiialllm II I1( iiirn��wuu q:i°i su°n ointai°i nee 11 :n-6111 k fool use by aaat:ll~n(uu i°iZ(_fl IljejrS0j1nSit°nlly rrau°nal °is uuot fo11, 1,eiiiieuuall d11stii, iill)uitGouii. Page 75 of 100 Mobile Communication Services ,. AT&A.slness 278 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services affected area. The Contractor will install these units during emergencies and may use existing satellite, microwave, or radio systems for backhaul. The Contractor must have a robust regionalized deployable strategy, ensuring that deployable network equipment is available and fully operational, with the required backhaul and/or networking capabilities, throughout the State. The Contractor must coordinate and cooperate with DMS, and any federal, State, or local emergency management agency in providing for emergency communications services, including the Department of Emergency Management, and all other entities that are part of the ESF-2function. These deployable technologies are generally characterized as the following: 1. Cell on Wheels: a cellular base station on a trailer with an expandable antenna mast and usually a microwave or satellite link back to the main controller. 2. Cell on Light Truck: A cellular base station on a light truck platform with an expandable antenna mast and usually a microwave or satellite link back to the main controller. 3. System on Wheels: a full base station and controller on a trailer/truck/big rig/etc. This is a fully self-contained cellular system that can provide an island system with no need for satellite/microwave link back; applicability of this type of deployable technology may be limited if there is no internet connectivity. 4. Unmanned Aerial Systems (UAS) and Robotics: Deployable UAS (e.g., drones) in the Class G uncontrolled airspace (400' above ground level), fixed, multi -rotor, and tethered UAS, some of which are capable of providing hot spot and wide -area coverage. Similar waterborne vehicles include remotely operated vehicle and unmanned underwater vehicle. 5. Other systems: Includes, but is not limited to, vehicular network systems and man - packs. A°°i"" ., r Mite Ipoil„m em REDACTED 4.2 Local Control The Contractor should provide priority and preemption to public safety entities during times of emergency. The priority and preemption will be determined and invoked by the public safety entities through a local control portal. The local control portal shall allow the Customer to enact and ITN No.: DMS -19/20-006 Attachment A: Statement of Work A"'m VIII Counrtlu'einrEiiialllm II I1( iiirn��wuu q:i°i su°n oinm:ai°i nee 11 :n-6111 k fool use by aaat:ll~n(uu i°iZ(_fl IljejrS0j1nSit°nlly rrau°nal °is uuot fo11, 1,eiiiieuuall d11stii, iill)uitGouii. Page 76 of 100 Mobile Communication Services : AT&A.sin¢ss 279 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEME'Ni AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... deactivate priority and preemption, which shall be controlled by authorized Customers. The Contractor's public safety service plans and devices must not be throttled during an emergency. AT&T T Fe 1pwis : REDACTED 4.3 Local control portal In addition to the requirements of subsection 3.20 Contractor's MCS Portal, the Contractor should provide a public safety portal (dashboard). The information held in this dashboard, or within the Contractor's MCS portal shall include, but is not limited to, the status of the Statewide network and alerts on outages. All features and functionality shall be available to DMS in real-time at all times. The number of DMS dashboard users shall be determined by DMS, and each user shall have a unique log -in and password. Non -mission critical public safety service plans shall provide the status of the Statewide network and alerts on outages through an alternative means. AT&T T Fe peu o se: REDACTED 4.4 Public Safety Standards Mission Critical public safety service plans and devices shall be in compliance with the relevant 3rd Generation Partnership Project Technical Specifications and the National Public Safety Telecommunications (NPSTC) standards for a mission critical service. The Contractor's public safety service plans and devices must perform to the most recent version of the standards described in TL -9000 Quality Management, ISO 9001, ATIS-100009 Overview of Standards in Support of Emergency Telecommunications Service, ITU -T Y.1271 framework on network requirements and capabilities to support emergency telecommunications over evolving circuit -switched and packet -switched networks. Should the Contractor offer plans marketed towards the public safety community that are not in compliance with the relevant 3rd Generation Partnership Project Technical Specification or do not meet the necessary criteria to be deemed "Mission Critical," as defined by the National Public Safety Telecommunications Council (NPSTC), the Contractor's EUPL must clearly state, at the beginning of the plan description, "THIS PUBLIC SAFETY PLAN DOES NOT PROVIDE A MISSION CRITICAL SERVICE STANDARD." Failure to include this statement where applicable will result in the EUPL not being accepted by DMS. ITN No.: DMS -19/20-006 Al a 111 Coinnf deaurnrEiiiallh Il the iirnfoi unatiioi n cointaIned Page 77 of 100 Attachment A: Statement of Work ii':nu (°uu'n k foci use Ilay auaq:lhoii Ized IlJeii sons curly Mobile Communication Services rrau°na:l i°i,, uunat foil, g eii eu°call d!Is tu°iill)uItGoiiii. �q,�, 280 AT&T Ruslne. Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEME'Ni AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services T °"f" III°te spore µe: REDACTED 4.5 Demonstration Devices DMS Demonstration Devices. Upon DMS request, in addition to any other test devices required by this SOW, the Contractor shall provide up to ten (10) wireless demonstration public safety devices (including airtime) for use by the Department for the purposes of testing and evaluation at no additional cost. The demonstration equipment shall be made available for a minimum period of thirty (30) Business Days. Any demonstration agreements, equipment, forms, and processes shall be provided, managed, and maintained by the Contractor, subject to the approval of DMS. Customer Demonstration Devices. The number of demonstration public safety devices the Contractor elects to provide to Customers is at the discretion of the Contractor. The Contractor will coordinate directly with any other Customer regarding public safety service demonstration equipment, notifying the Department in advance of these activities. 4.6 Public Safety CustomerSupport The Contractor must provide a dedicated help desk number for support of its public safety service plans and devices. The Contractor must develop and abide by an escalation procedure specific to public safety real- time network issues and public safety End-user issues. The procedure must include names, titles, phone numbers, and email addresses of contacts in the Contractor's public safety escalation chain. The Contractor shall notify the DMS Product Manager in writing of any unresolved user issues or real-time network issues that have been outstanding for more than ten (10) Business Days. The Contractor should limit access to the public safety plans to only Customers that are Public Service Entities or as recognized by the First Responder Network Authority. Contractor should limit access to the Mission Critical public safety plans to only Customers that are Public Safety Entities. At a minimum, Public Safety Entities should include the following Customers, as categorized by the North American Industrial Classification System (NAICS) codes: • 621910 Ambulance Service • 922110 Courts • 922120 Police Protection • 922130 Legal Counsel and Prosecution • 922140 Correctional Institutions • 922150 Parole Offices and Probation Offices • 922160 Fire Protection (except private) ITN No.: DMS -19/20-006 Al a 111 Coinnf deaurnrEiiiallh Il the iirnfoi unatiioi n cointaIned Page 78 of 100 Attachment A: Statement of Work ii':nu (°uu'n k foci use Ilay auaq:lhoii Ized IlJeii sons curly Mobile Communication Services rrau°na:l i°i,, uunat foil, g eii eu°call d!Is tu°iill)uItGoiiii. �q,�, 28,E AT&T Ruslne. Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services • 922190 Other Justice, Public Order and Safety Activities • 928110 National Security • 921190 Other General Government Support • 921110 Executive Offices • 921150 American Indian/Alaska Native Tribal Governments • 922190 Other Justice, Public Order and Safety Activities Should the Contractor offer non -mission critical public safety service plans, the Contractor's EUPL must clearly state the eligible NAICS codes in the plan descriptions. A i""& f 1IlesIY orise: REDACTED 4.7 Public Safety Reporting The Contractor shall timely provide a monthly Public Safety Service Plans and Devices Report to the Department's Contract Manager. Attachment C, SLA -E1. The report shall contain public safety Customer agency, End-user usage, End-user devices, rate plans, and any other related information DMS requires. This report shall not include any information that is considered CPNI. The format, content, and level of detail must be approved byDMS- AT& If iteeporiise: AI &T G'ltenE'eds "I1:hese e}k.11 eOI;atI ons, wiflh "11;;11"IWC II V"fficaII:; on that: we If.VQued fiuirfl,Ver dII"rcus"gallon VegardIng eolrnplHance wo t[,i AT.&..I..,s G )N: obhga tons. 4.8 Public Safety Marketing In addition to any other Customer webpages required by this SOW, the Contractor shall provide specific information on its MCS portal related to its public safety service plans and devices. This should include, at a minimum, information on ordering, devices, apps, service offerings, and accessories. The Contractor shall provide the Department with a copy of all materials used by Contractor, and its subcontractors, to promote or advertise public safety specific service plans and devices to Florida's public safety user community. The Contractor will submit this information to the DMS Project Manager once per quarter, or as requested by DMS. Mission critical Push -to -Talk (PTT) devices and services shall not be advertised or marketed to State public safety entities as "mission critical," as defined by the National Public Safety Telecommunications Council (NPSTC), until demonstrated to the Department that the Contractor's PTT is in compliance with NPSTC's requirements, and approved in writing by, the Department. Given the statements in subsection: Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed in SOW, section 4, Public Safetv Service Plans and Devices. ITN No.: DMS -19/20-006 A°W11 f oinrfldeinfiallh II the i nfoi Ilnatiioi n of nt: nl'i nod Page 79 of 100 Attachment A: Statement of Work hnau Boum G. kohl unseIlje au th oii uz r el Ihjr-ii si ns oiillle Mobile Communication Services aura Ili uuottanu eii eu°call distu°iil[mfloiiiu' „,�. 282 t � AT&T Auslne s Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services Describe the Respondent's proposed deployable technologies and how they will be utilized during an emergency or when requested by a public safety entity. Describe how service plans and devices are not throttled during an emergency. Describe the Respondent's planned network hardening approach, including issues caused by power, hardware failures, topography, weather, and man-made incidents. Describe the corporate commitment to providing DMS the necessary Customer Support Team staffing (resources) for escalations to address real-time public safety network problems and public safety Customer and End-user issues. Describe the corporate commitment to providing DMS the information it requires for notifications on significant public safety performance impacts Describe the use of an escalation procedure related to real-time public safety network problems and public safety Customer and End-user issues. Describe the Respondent's dedicated customer service, including helpdesk support and ongoing LTE training offered to public safety entities for the integration of LTE into State public safety communications. Submit a defined list of eligible users that are public service entities, and describe how the Respondent will restrict access to their public safety service plans. Describe the Respondent's geographic coverage, both current coverage as of the time of Response, and also planned coverage during the term of the Contract. This should be accompanied by: a. Detailed coverage maps i. Provide detailed in -network voice, high speed (third generation -3G & fourth generation 4G, next generation such as 5G) and low speed (second generation -2G) data coverage maps for Florida (covered directly or through identified roaming agreements partnership). ii. Provide a service area coverage map for Push -to -Talk (PTT). In addition, PTT protocols in use are to be identified. If some areas of the State have newer, higher performance or more capable PTT, those areas should be identified. If multiple types of PTT are supported, identify the technology and areas covered. Describe how Mission critical Push -to -Talk (PTT) devices and services shall meet the "mission critical" definition as defined by the National Public Safety Telecommunications Council (NPSTC), as described SOW section 4.8, " Mission critical Push -to -Talk (PTT) devices and services shall not be advertised or marketed to State public safety entities as "mission critical," as defined by the National Public Safety Telecommunications Council (NPSTC), until demonstrated to the Department that the Contractor's PTT is in compliance with NPSTC's requirements, and approved in writing by, the Department." Describe the Respondent's approach to ensuring quality of service, priority and preemption as indicated in the 3GPP standards; the level of priority given to public safety entities and the methodology behind administering the level of priority; and the Respondent's approach to ensuring public safety service plans and devices meet the public safety standards as described SOW section 4.4, "Public safety service plans and devices shall be in compliance with 3rd Generation Partnership Project Technical Specification 33.180. The Contractor's public safety service plans and devices must perform to the most recent version of the ITN No.: DMS -19/20-006 Al &111 Coin rf de:urnrEiiialllm 11]1(iiirn�awu um 'i sun of ntaiined Page 80 of 100 Attachment A: Statement of Work uu G. dau a IIJy�u�q:ll a pu a w l Ile u Sollu , 011°n llfr Mobile Communication Services and i°is not foil, g a neiiA dlstu'iillmfGon. �a� 283 ATU Auslne. Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services .................................................................................................................................................................................................................................................................................... standards described in TL -9000 Quality Management, ISO 9001, ATIS-100009 Overview of Standards in Support of Emergency Telecommunications Service, ITU -T Y.1271 framework on network requirements and capabilities to support emergency telecommunications over evolving circuit -switched and packet - switched networks." Describe the local control portal, as described in SOW section 4.3. AT&T IFe 1pwi e: ITN No.: DMS -19/20-006 Attachment A: Statement of Work REDACTED A"'I VIII Counrtlu'einrEiiialllm II I1( iiirn��wuu q:i°i su°n ointai°i nee 11 :n-6111 k fool use by aaat:ll~n(uu i°iZ(_fl IljejrS0j1nSit°nlly rrau°nal °is uuot fo11, 1,eiiiieuuall d11stii, iill)uitGouii. Page 81 of 100 Mobile Communication Services : AT&».sin¢ss 284 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 4. Business Operations All services can be direct ordered by the Customers via email, phone call, or the Contractor's MCS portal. The Contractor shall also accept orders through CSAB and MFMP. Billing may be through CSAB or direct billed to the Customer. DMS shall make the final determination on which services are ordered and / or billed through CSAB, MFMP, direct ordered, or directbilled. This subsection is applicable to DMS -billed services, unless otherwise stated. 5.1 General Description of the SUNCOM Business Model In accordance with subsection 282.703(2), F.S., DMS has developed a system of equitable billings and charges for Customers. The CSAB system is the ordering, billing, incident management, and inventory system referred to in Chapter 60FF-2, F.A.C., that the Contractor is required to utilize. When Customers log -in to CSAB, they can perform the following functions: 1. Establish and maintain Customeraccounts. 2. Manage billing accounts. 3. View a comprehensive list of available MCS offerings. 4. Place orders. 5. View their complete inventory of services and invoices with associated and detailed charges. For DMS -billed MCS accounts, the Contractor will bill DMS monthly for services rendered to all Customers and provide DMS with substantiating details in electronic files (for example, comma delimited). The Contractor will include in the substantiating detail charges with unique identifiers for each transaction (for metered services) and service account. 5.2 Communications Service Authorization and Billing Transaction Flowchart The Contractor will use seven (7) Business -to -Business (1326) transactions between DMS and Contractor, as depicted on the next page: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: DMS -19/20-006 Attachment A: Statement of Work A1"' x111 Coinflu'einrEiiiallh II Ihei nfoiunatiioin ointai°i nee 1nnno-6111 k fool use Ilny mnf:ll oii i°izpd Ilneu sons oirnlly aiii:l ik uunnt foil, geii eu°unll distu°iillmf oiiii. Page 82 of 100 Mobile Communication Services : AT&A.sin¢ss 285 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services SUNCOM" Steady State Business (Process T Vendor Service Catalog,; r 'B nz Anr a. Buaness to, Businaesselec{toric naps ages, laawld vles aid .`-oi pypaku,itoexP'so;gxasxxItxcerlar, s uApIs'i e= Llmiging qH of the electLamuc data a>eCeBBU7 to tine k.c2LIi cY axx. CSAR' ,-M laro71de plte>_nxaciVe nxza.nM1!Lxp%t optii s. to the x.-ietidos foo I:= *.-o,huai•••e Ua isx Eoa-n2.lauzwM sx mimiall•- anp ut an,, ckta on 1a-1 relt of the rpnde . 'i�'l'vC[ ,+'f[.lden[ackio�nxr.�eals. r:edCM Sliltil'[:MIClieitnati.fed ITN No.: DMS -19/20-006 Attachment A: Statement of Work „ntl� AT&T Business Page 83 of 100 Mobile Communication Services i Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 5.3 Communications Service Authorization and Billing — Official Record CSAB is the authoritative source of all data. The CSAB system is the official record of the inventory and costs of SUNCOM services, including MCS. If the Contractor claims any inaccuracies in CSAB data, the data will be considered accurate unless substantially proven otherwise, at DMS' sole determination. The Contractor shall not enable or ask DMS or Customers to input ordering and/or invoicing data into CSAB on behalf of the Contractor. 5.4 Communications Service Authorization and Billing -Interface with Contractor The Contractor may use Application Programming Interfaces (APIs) to implement transactions between CSAB and the Contractor. DMS will test and approve the interface prior to Contractor accepting orders for services and devices. The DMS preferred method is API; however, this is not mandatory. The following requirements apply with regard to the Contractor's APIs with CSAB: 1. The Contractor's API enables data transfer between CSAB and the Contractor's system. 2. When data is sent from CSAB, the Contractor's API must send back an acknowledgement to CSAB. 3. The Contractor's API will perform functions automatically at near real-time. 4. The Contractor shall develop and maintain functional crosswalks between the Contractor's system and CSAB, which maps the data elements in CSAB to equivalent data elements in the Contractor's system. The Contractor will also support DMS' efforts to create functional crosswalks. 5. It is the Contractor's responsibility to ensure data has been received by CSAB, including resending data that has not been acknowledged by CSAB. 6. The Contractor shall provide a testing environment for quality assurance, accessible by DMS. 5.4.1 Batch Routines The second method the Contractor may utilize to implement transactions with CSAB is through batch routines, which are periodic exchanges of data files containing a large number of records. An example of a batch routine is monthly delivery of invoicing substantiation files (1326-6), due to the large volume of data. 5.4.2 Manual Review and Data Entry by Contractor Staff The third method the Contractor may utilize to implement transactions within CSAB is by manual review and data entry. The Contractor can use CSAB screens to view a submitted order from a Customer and mark that order as fulfilled, rather than use 13213-3 and 13213-4 transactions. The Contractor shall only use manual review and data entry as a method of last resort. The Contractor shall ITN No.: DMS -19/20-006 Page 84 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 287 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... not use manual review and data entry for invoicing substantiation (6213-6). 5.5 Communications Service Authorization and Billing Service Catalog MCS services and devices must be approved by DMS and entered into the CSAB Service Catalog prior to making them available for use or purchase by any Customer. DMS will have sole discretion over the CSAB Service Catalog and anyupdates. The Contractor shall use the following three (3) types of charges for the MCS services in the CSAB Services Catalog: 1. One-time charge: a single payment for a service or item (e.g., hardware installation). 2. Monthly charge: monthly fixed and recurring charge 3. Metered charge: incremental charge based strictly on usage of the service (e.g., data overage charges). The Contractor shall comply with the requirements of Chapter 60FF-2, F.A.C., in its use of CSAB. 5.6 Taxes and Government Sanctioned Fees The Department and Customers do not pay State or federal taxes. Taxes are defined here to include payments that the Contractor is required to collect by law and pay to public entities. Government -sanctioned surcharges and fees, if the Customer is not exempt, must be collected by the Contractor and may be payable by the State. A description of any new or modified government - sanctioned surcharge or fee must be provided to DMS for review and approval. If approved, the Contractor can then submit a request to update the CSAB Service Catalog. The standard process whereby the Contractor submits a request for inclusion of services in the CSAB Service Catalog and DMS approves them must be implemented for a new or modified surcharge or fee with the following additional requirements: 1. The catalog item must be tagged as a government -sanctioned surcharge orfee. 2. The description field provided by the Contractor must clearly identify the surcharge orfee. 3. The Contractor must provide the DMS Contract Manager with information sufficient for DMS to develop formulas that replicate the charges through calculations against invoicing substantiation data. The DMS Product Manager will approve the Contractor request if the update to the CSAB Service Catalog is in accord with theamendment. 4. The surcharge or fee must be billed at the inventory ID level and not billed as a lump sum. 5. The Contractor must give DMS advance notification of anticipated surcharge or fee changes with the DMS -approved effective date the charges will be incurred and the amount/percentage. Non-government sanctioned surcharges and fees, such as activation fees and termination fees, are not chargeable under this Contract. ITN No.: DMS -19/20-006 Page 85 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 288 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 5.7 User Access Privileges for the Contractor The Contractor's user CSAB access privileges must be approved and monitored by a Contractor - assigned CSAB Administrator. User access privileges allow the following functions: 1. Manually receive and closeout orders to the Contractor. 2. Review past orders submitted to the Contractor. 3. Review a robust set of inventory data for services provided by the Contractor. 4. Other access as allowed by DMS. DMS reserves the right to terminate CSAB user access privileges of any Contractor staff without cause or notice. 5.8 Work Orders Customer work orders are sent to the Contractor as 13213-3 transactions. The Contractor can log- in to CSAB as prompted by a CSAB email to see submitted orders. The Contractor is required to respond to the Customer with distinct 13213-4 fulfillment data for each item, or service, in a work order. Multiple item orders with only a single order number are not fulfilled until every item is delivered. Some key data elements in addition to CSAB-assigned Inventory ID are: 1. Order ID — identifies a request for one (1) or more items. This ID is associated with everything in a "shopping cart" when a Customer "checks -out." 2. Work Order ID — is associated with each item request within an order that can be fulfilled separately from the rest of the order and requests action for one (1) Service Installation I D. 3. Installed Option ID — identifies the service, feature, or hardware from the CSAB Service Catalog that was requested in the work order. 4. Service Installation ID — identifies the service account resulting from order fulfillment. It is the unique inventory entry in CSAB and is equivalent to, but not the same as, distinct IDs used by Contractor to track status, usage and charges (e.g., circuit ID, phone number, hardware serial number, etc.). The Contractor is required to provide all of the required fulfillment data in CSAB. The Contractor shall not charge the Department for any orders from which key fields data, installation dates, or disconnect dates are missing or incorrect. The effective bill date cannot be more than forty-five (45) days from the date the order is closed.. Some orders will include configuration data, including IP addresses, to enable establishing closed user groups on MFN. ITN No.: DMS -19/20-006 Page 86 of 100 Attachment A: Statement of Work ^ AT&T Business Mobile Communication Services 289 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 5.9 Inventory Every order, and many other actions related to MCS services, is permanently logged into CSAB. This inventory is a basis for DMS audits of Contractor charges; i.e., if a billed service is not in the inventory or the inventory shows it was not active during the invoicing period, DMS will dispute the charge. The CSAB inventory is also a useful tool for DMS, Customers, and Contractor to see what has been ordered, its status, location, cost, any associated comments, etc. CSAB inventory is structured around key data elements. Inventory records are not valid without these key fields. CSAB by default has primacy when there are discrepancies between the inventories of the Contractor and CSAB. The Contractor is required to maintain a corresponding inventory as a basis for invoicing DMS. Periodic reconciliation may be implemented between CSAB and the Contractor's inventory through 13213-5 transactions, at DMS' sole discretion. This will avoid waiting until the Contractor invoices DMS to discover these inconsistencies and having to resolve them through billing disputes. DMS will provide for an exchange of inventory data throughout the month using transaction B2B-4. There is no manual substitute for this process. 5.10 Invoicing Requirements The Contractor will invoice DMS for all fulfilled orders based on a calendar month with invoices and electronic details submitted to DMS. Attachment C, SLA -F1. Invoices to DMS will consist of: 1) invoices for payment on an unchangeable format (e.g., paper) that reflect the total wholesale charges for the month (referred to herein as a, "handbill"), and 2) electronic detail files that substantiate all billable services. The total of substantiated detail charges must match the payment requests on each of the handbills. All credits due must be reflected on the invoice within two (2) billing cycles after the credit has been determined. Attachment C, SLA -F2. Both the handbill and electronic files for the CSAB portion must be received no later than the 10th calendar day of each month, unless otherwise agreed with DMS in writing. 5.11 Electronic Substantiating Detail File The invoice substantiation file consists of electronic detail listing all billable services and activities with the CSAB Inventory ID necessary to be auditable bases for all charges. The detail file must include all charge data on one-time purchases, active service periods, and incremental activities. All charges must be attributable to distinct identifiers for the services as negotiated in the CSAB Service Catalog, and each discrete charge must be distinguished by a service identifier. Metered charges must also include usage for each billing period (start and end). The file must be provided to DMS using a mutually agreed-upon, secured delivery method, and mutually agreed-upon format. ITN No.: DMS -19/20-006 Attachment A: Statement of Work ' .�. AT&T A1.rslne. bq.s �� Page 87 of 100 Mobile Communication Services 290 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.12 Audit of Contractor Invoices DMS will audit invoices to validate all charges against the current inventory of provided services and the prices associated with the CSAB Service Catalog. If the electronic substantiating detail provided by the Contractor contains some errors but: a) is complete (i.e., contains all of the required data elements); b) substantially corresponds with the CSAB inventory and CSAB Service Catalog; and c) matches the handbill, then DMS will send an audit exception report (1326-7) to the Contractor detailing any disputed charges. At this time, this is a manual process. At any time during the Contract term, this may become an electronic process, at DMS' sole discretion. DMS staff will request credits/debits for any audit exceptions on the current invoice and work with Contractor staff to reconcile charges and system data to resolve the exceptions within two (2) billing cycles from receipt of dispute. If Contractor has not resolved audit exceptions within two (2) billing cycles, the charges will be adjusted as determined byDMS. 5.13 Mandatory Interface with the Contractor All work orders will be submitted to the Contractor via CSAB or similar system as deployed by DMS. Direct billed Customers will interface solely with the Contractor. 5.14 Properly Authorized WorkOrders No WDS will be provisioned unless the Contractor has a properly authorized work order submitted by DMS through CSAB. Direct billed Customers will interface solely with the Contractor. 5.15 General Billing Requirements The Contractor will maintain a detailed database that uniquely identifies each pricing component. The CSAB Service Catalog contains unit prices and all qualifiers that are applied to unit prices in order to create an unambiguous database of WDS billable line items. A specific billing code shall have only one (1) unit amount. 5.16 Billing Start The Contractor shall meet the following criteria to complete billing starts: 1. All bills should commence on the 1 Stand run through the end of the month based on the completion date, unless otherwise agreed by DMS in writing. Fractional charges are based on the effective bill date. 2. The Contractor cannot retroactively bill for services received before the, the start date of a Purchase Order in MFMP, or is otherwise ordered by the Customer. ITN No.: DMS -19/20-006 Page 88 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 291 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. 6. Direct Ordering and Billing This section is applicable to WVS and certain approved WDS items. The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Contractor submitted an invoice directly to a SUNCOM Customer. The Contractor will accept orders from Customers for all WVS devices, rate plans, and services through MFMP. All direct -billing will be done in accordance with Rule 60FF-2.007, F.A.C. The Contractor will cooperate with the Department and MFMP (and any authorized agent or successor entity to MFMP) to deliver direct -billed WVS devices, rate plans, and services. The Contractor will work in cooperation with the MFMP vendor. All items available for purchase by any Customer that are listed on the most recent DMS -approved EUPL will be exhibited on the MFMP website as a catalog for Customers. The MFMP catalog shall be updated by the Contractor within one (1) Business Day of any updated EUPLs being posted on the Department's website. By acceptance of an MFMP purchase order, the Contractor agrees to all MFMP terms and conditions. 6.1 Services and Devices Sold to Direct -Billed Customers The Contractor will not make any service or device available to any Customer that has not been approved by DMS. If a new service or device is approved, the Department will add the service or device to the EUPL and provide a SUNCOM price for the Contractor to market to Customers. The Contractor shall not display or represent any other prices to Customers. 6.2 Cost Recovery Rate The Contractor will charge Customers the established rates, plus the SUNCOM Cost Recovery Rate (CRR). The CRR will be included on all monthly -recurring Contractor's charges and invoices. The Department will be responsible for providing notification regarding the CRR to Customers. The Department will provide: i) notification on the MFMP website Punchout catalog, and ii) notification in a mutually agreeable format for OEUs not currently ordering through the MFMP website Punchout catalog. The Contractor shall provide the Department with the CRR on all services sold to Customers that are direct -billed. The CRR will be assessed on the monthly recurring charges after all discounts, adjustments, and credits are taken into account. Additional charges, including but not limited to devices, taxes, surcharges, or regulatory fees, will not be included in the assessment of the CRR. ITN No.: DMS -19/20-006 Page 89 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 292 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... The Department may modify the CRR through a written amendment to the Contract with ninety (90) days prior written notice to the Contractor. If mutually agreed upon, modifications to the CRR may take effect earlier than the ninety (90) days. The CRR will be the same for all Contractors providing MCS. In the event that the Department authorizes a Contractor to collect a lower CRR than on this Contract, the Department will incorporate the lower CRR into this Contract via amendment. The Contractor shall have sixty (60) calendar days after the amendment effective date to charge the CRR on the direct -billed invoices. The Contractor will remit all funds collected pursuant to the CRR to the Department in the form of a quarterly check. The check will be accompanied with a complete Direct -Billed Quarterly Report. The check will be sent no more than forty-five (45) days after the end of the calendar quarter to cover the cost recovery amounts collected for the previous quarter. Attachment C, SLA -G1. Fees collected for the CRR will be thirty (30) days in arrears after the billing month in which the charges are invoiced on the direct -billed invoice. The Contractor will be required to remit funds associated with this requirement only when payment has been collected from the Customers that are direct -billed under this Contract. 6.3 Contract Association on Direct -Billed Accounts All direct -billed accounts established with Customers will include a corporate identifier for this Contract assigned by the Contractor in the billing system. 6.4 Monthly Reporting of Direct -Billed Accounts The Contractor will provide reporting and auditing in accordance with Rule 60FF-2.005, F.A.C. Additionally, the Contractor will provide the Department with an accurate Direct -Billed Monthly Report in an Excel format via e-mail of all direct -billed accounts including, but not limited to: the Customer's billing account name, Customer corporate identifier, number of active lines, total amount of charges, and billing month. Attachment C, SLA -G2. This report will substantiate quarterly payments remitted to the Department. In the event a discrepancy is cited, the Contractor will have thirty (30) days from the date of bill close to provide the Department with the data necessary to reconcile the discrepancy. In the event the Contractor cannot substantiate the cited discrepancy, the Contractor will be responsible for payment of the disputed amount within thirty (30) days. Online reporting and auditing via the Contractor's portal may be appropriate, if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. The format of the report is subject to DMS final approval. 6.5 Quarterly Reporting of Direct -Billed Accounts On a quarterly basis, the Contractor will provide the Department a Direct -Billed Quarterly Report that aggregates utilization monthly reporting. Attachment C, SLA -G3. The report requirements are as follows: ITN No.: DMS -19/20-006 Page 90 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 293 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 1. The report must be in an Excel format sent via e-mail of all direct -billed accounts, which will include the Customers' aggregate utilization (minutes, data, and text) and billed amount by device type and billing month. 2. The report must contain information sufficient for the Department to independently verify and validate by Customer the utilization and billed amount by device type and billed amount and the cost recovery due to the Department. 3. The aggregate utilization reporting will not identify CPNI, such as but not limited to account names, subscriber number, or End-user level information for direct -billed Customers. 4. Online reporting and auditing via the Contractor's portal may be appropriate if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. 5. The format of the report is subject to DMS finalapproval. 6.6 Customers Liability Direct -billed Customers are solely liable for any performance, duties, payments, and responsibilities generated by their use of this Contract, fiscal or otherwise. As stated in Rule 60FF- 2.007(3), F.A.C., "the Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM [Customers] in instances where a vendor or SUNCOM Provider submitted an invoice directly to SUNCOM [Customers]." No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. ITN No.: DMS -19/20-006 Page 91 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 294 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services SUNCOM" Steady State Business (Process T Vendor Service Cataoo;; r 'B nz Anr a. Buaness to, Businaesselec{toric naps ages, laawld vles aid .`-oi pypaku,itoexP'so;gxasxxItxcerlar, s uApIs'i e= Llmiging qH of the electLamuc data a>eCeBBU7 to tine k.c2LIi cY axx. CSAR' ,-M laro71de plte>_nxaciVe nxza.nM1!Lxp%t optii s. to the x.-ietidos foo I:= *.-o,huai•••e Ua isx Eoa-n2.lauzwM sx mimiall•- anp ut an,, ckta on 1a-1 relt of the rpnde . 'i�'l'vC[ ,+'f[.lden[ackio�nxr.�eals. r:edCM Sliltil'[:MIClieitnati.fed ITN No.: DMS -19/20-006 Attachment A: Statement of Work „ntl� AT&T Business Page 92 of 100 Mobile Communication Services 295 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 5.3 Communications Service Authorization and Billing — Official Record CSAB is the authoritative source of all data. The CSAB system is the official record of the inventory and costs of SUNCOM services, including MCS. If the Contractor claims any inaccuracies in CSAB data, the data will be considered accurate unless substantially proven otherwise, at DMS' sole determination. The Contractor shall not enable or ask DMS or Customers to input ordering and/or invoicing data into CSAB on behalf of the Contractor. 5.4 Communications Service Authorization and Billing -Interface with Contractor The Contractor may use Application Programming Interfaces (APIs) to implement transactions between CSAB and the Contractor. DMS will test and approve the interface prior to Contractor accepting orders for services and devices. The DMS preferred method is API; however, this is not mandatory. The following requirements apply with regard to the Contractor's APIs with CSAB: 1. The Contractor's API enables data transfer between CSAB and the Contractor's system. 2. When data is sent from CSAB, the Contractor's API must send back an acknowledgement to CSAB. 3. The Contractor's API will perform functions automatically at near real-time. 4. The Contractor shall develop and maintain functional crosswalks between the Contractor's system and CSAB, which maps the data elements in CSAB to equivalent data elements in the Contractor's system. The Contractor will also support DMS' efforts to create functional crosswalks. 5. It is the Contractor's responsibility to ensure data has been received by CSAB, including resending data that has not been acknowledged by CSAB. 6. The Contractor shall provide a testing environment for quality assurance, accessible by DMS. 5.4.1 Batch Routines The second method the Contractor may utilize to implement transactions with CSAB is through batch routines, which are periodic exchanges of data files containing a large number of records. An example of a batch routine is monthly delivery of invoicing substantiation files (1326-6), due to the large volume of data. 5.4.2 Manual Review and Data Entry by Contractor Staff The third method the Contractor may utilize to implement transactions within CSAB is by manual review and data entry. The Contractor can use CSAB screens to view a submitted order from a Customer and mark that order as fulfilled, rather than use 13213-3 and 13213-4 transactions. The Contractor shall only use manual review and data entry as a method of last resort. The Contractor shall ITN No.: DMS -19/20-006 Page 93 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 296 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... not use manual review and data entry for invoicing substantiation (6213-6). 5.5 Communications Service Authorization and Billing Service Catalog MCS services and devices must be approved by DMS and entered into the CSAB Service Catalog prior to making them available for use or purchase by any Customer. DMS will have sole discretion over the CSAB Service Catalog and any updates. The Contractor shall use the following three (3) types of charges for the MCS services in the CSAB Services Catalog: 1. One-time charge: a single payment for a service or item (e.g., hardware installation). 2. Monthly charge: monthly fixed and recurring charge 3. Metered charge: incremental charge based strictly on usage of the service (e.g., data overage charges). The Contractor shall comply with the requirements of Chapter 60FF-2, F.A.C., in its use of CSAB. 5.6 Taxes and Government Sanctioned Fees The Department and Customers do not pay State or federal taxes. Taxes are defined here to include payments that the Contractor is required to collect by law and pay to public entities. Government -sanctioned surcharges and fees, if the Customer is not exempt, must be collected by the Contractor and may be payable by the State. A description of any new or modified government - sanctioned surcharge or fee must be provided to DMS for review and approval. If approved, the Contractor can then submit a request to update the CSAB Service Catalog. The standard process whereby the Contractor submits a request for inclusion of services in the CSAB Service Catalog and DMS approves them must be implemented for a new or modified surcharge or fee with the following additional requirements: 1. The catalog item must be tagged as a government -sanctioned surcharge orfee. 2. The description field provided by the Contractor must clearly identify the surcharge orfee. 3. The Contractor must provide the DMS Contract Manager with information sufficient for DMS to develop formulas that replicate the charges through calculations against invoicing substantiation data. The DMS Product Manager will approve the Contractor request if the update to the CSAB Service Catalog is in accord with the amendment. 4. The surcharge or fee must be billed at the inventory ID level and not billed as a lump sum. 5. The Contractor must give DMS advance notification of anticipated surcharge or fee changes with the DMS -approved effective date the charges will be incurred and the amount/percentage. Non-government sanctioned surcharges and fees, such as activation fees and termination fees, are not chargeable under this Contract. ITN No.: DMS -19/20-006 Page 94 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 297 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 5.7 User Access Privileges for the Contractor The Contractor's user CSAB access privileges must be approved and monitored by a Contractor - assigned CSAB Administrator. User access privileges allow the following functions: 1. Manually receive and closeout orders to the Contractor. 2. Review past orders submitted to the Contractor. 3. Review a robust set of inventory data for services provided by the Contractor. 4. Other access as allowed by DMS. DMS reserves the right to terminate CSAB user access privileges of any Contractor staff without cause or notice. 5.8 Work Orders Customer work orders are sent to the Contractor as 13213-3 transactions. The Contractor can log- in to CSAB as prompted by a CSAB email to see submitted orders. The Contractor is required to respond to the Customer with distinct 13213-4 fulfillment data for each item, or service, in a work order. Multiple item orders with only a single order number are not fulfilled until every item is delivered. Some key data elements in addition to CSAB-assigned Inventory ID are: 1. Order ID — identifies a request for one (1) or more items. This ID is associated with everything in a "shopping cart" when a Customer "checks -out." 2. Work Order ID — is associated with each item request within an order that can be fulfilled separately from the rest of the order and requests action for one (1) Service Installation I D. 3. Installed Option ID — identifies the service, feature, or hardware from the CSAB Service Catalog that was requested in the work order. 4. Service Installation ID — identifies the service account resulting from order fulfillment. It is the unique inventory entry in CSAB and is equivalent to, but not the same as, distinct IDs used by Contractor to track status, usage and charges (e.g., circuit ID, phone number, hardware serial number, etc.). The Contractor is required to provide all of the required fulfillment data in CSAB. The Contractor shall not charge the Department for any orders from which key fields data, installation dates, or disconnect dates are missing or incorrect. The effective bill date cannot be more than forty-five (45) days from the date the order is closed.. Some orders will include configuration data, including IP addresses, to enable establishing closed user groups on MFN. ITN No.: DMS -19/20-006 Page 95 of 100 Attachment A: Statement of Work ^ AT&T Business Mobile Communication Services 298 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 5.9 Inventory Every order, and many other actions related to MCS services, is permanently logged into CSAB. This inventory is a basis for DMS audits of Contractor charges; i.e., if a billed service is not in the inventory or the inventory shows it was not active during the invoicing period, DMS will dispute the charge. The CSAB inventory is also a useful tool for DMS, Customers, and Contractor to see what has been ordered, its status, location, cost, any associated comments, etc. CSAB inventory is structured around key data elements. Inventory records are not valid without these key fields. CSAB by default has primacy when there are discrepancies between the inventories of the Contractor and CSAB. The Contractor is required to maintain a corresponding inventory as a basis for invoicing DMS. Periodic reconciliation may be implemented between CSAB and the Contractor's inventory through 13213-5 transactions, at DMS' sole discretion. This will avoid waiting until the Contractor invoices DMS to discover these inconsistencies and having to resolve them through billing disputes. DMS will provide for an exchange of inventory data throughout the month using transaction B2B-4. There is no manual substitute for this process. 5.10 Invoicing Requirements The Contractor will invoice DMS for all fulfilled orders based on a calendar month with invoices and electronic details submitted to DMS. Attachment C, SLA -F1. Invoices to DMS will consist of: 1) invoices for payment on an unchangeable format (e.g., paper) that reflect the total wholesale charges for the month (referred to herein as a, "handbill"), and 2) electronic detail files that substantiate all billable services. The total of substantiated detail charges must match the payment requests on each of the handbills. All credits due must be reflected on the invoice within two (2) billing cycles after the credit has been determined. Attachment C, SLA -F2. Both the handbill and electronic files for the CSAB portion must be received no later than the 10th calendar day of each month, unless otherwise agreed with DMS in writing. 5.11 Electronic Substantiating Detail File The invoice substantiation file consists of electronic detail listing all billable services and activities with the CSAB Inventory ID necessary to be auditable bases for all charges. The detail file must include all charge data on one-time purchases, active service periods, and incremental activities. All charges must be attributable to distinct identifiers for the services as negotiated in the CSAB Service Catalog, and each discrete charge must be distinguished by a service identifier. Metered charges must also include usage for each billing period (start and end). The file must be provided to DMS using a mutually agreed-upon, secured delivery method, and mutually agreed-upon format. ITN No.: DMS -19/20-006 Attachment A: Statement of Work ' .�. AT&T A1.rslne. bq.s �� Page 96 of 100 Mobile Communication Services 299 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.12 Audit of Contractor Invoices DMS will audit invoices to validate all charges against the current inventory of provided services and the prices associated with the CSAB Service Catalog. If the electronic substantiating detail provided by the Contractor contains some errors but: a) is complete (i.e., contains all of the required data elements); b) substantially corresponds with the CSAB inventory and CSAB Service Catalog; and c) matches the handbill, then DMS will send an audit exception report (1326-7) to the Contractor detailing any disputed charges. At this time, this is a manual process. At any time during the Contract term, this may become an electronic process, at DMS' sole discretion. DMS staff will request credits/debits for any audit exceptions on the current invoice and work with Contractor staff to reconcile charges and system data to resolve the exceptions within two (2) billing cycles from receipt of dispute. If Contractor has not resolved audit exceptions within two (2) billing cycles, the charges will be adjusted as determined byDMS. 5.13 Mandatory Interface with the Contractor All work orders will be submitted to the Contractor via CSAB or similar system as deployed by DMS. Direct billed Customers will interface solely with the Contractor. 5.14 Properly Authorized WorkOrders No WDS will be provisioned unless the Contractor has a properly authorized work order submitted by DMS through CSAB. Direct billed Customers will interface solely with the Contractor. 5.15 General Billing Requirements The Contractor will maintain a detailed database that uniquely identifies each pricing component. The CSAB Service Catalog contains unit prices and all qualifiers that are applied to unit prices in order to create an unambiguous database of WDS billable line items. A specific billing code shall have only one (1) unit amount. 5.16 Billing Start The Contractor shall meet the following criteria to complete billing starts: 1. All bills should commence on the 1 Stand run through the end of the month based on the completion date, unless otherwise agreed by DMS in writing. Fractional charges are based on the effective bill date. 2. The Contractor cannot retroactively bill for services received before the, the start date of a Purchase Order in MFMP, or is otherwise ordered by the Customer. ITN No.: DMS -19/20-006 Page 97 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 300 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. 6. Direct Ordering and Billing This section is applicable to WVS and certain approved WDS items. The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Contractor submitted an invoice directly to a SUNCOM Customer. The Contractor will accept orders from Customers for all WVS devices, rate plans, and services through MFMP. All direct -billing will be done in accordance with Rule 60FF-2.007, F.A.C. The Contractor will cooperate with the Department and MFMP (and any authorized agent or successor entity to MFMP) to deliver direct -billed WVS devices, rate plans, and services. The Contractor will work in cooperation with the MFMP vendor. All items available for purchase by any Customer that are listed on the most recent DMS -approved EUPL will be exhibited on the MFMP website as a catalog for Customers. The MFMP catalog shall be updated by the Contractor within one (1) Business Day of any updated EUPLs being posted on the Department's website. By acceptance of an MFMP purchase order, the Contractor agrees to all MFMP terms and conditions. 6.1 Services and Devices Sold to Direct -Billed Customers The Contractor will not make any service or device available to any Customer that has not been approved by DMS. If a new service or device is approved, the Department will add the service or device to the EUPL and provide a SUNCOM price for the Contractor to market to Customers. The Contractor shall not display or represent any other prices to Customers. 6.2 Cost Recovery Rate The Contractor will charge Customers the established rates, plus the SUNCOM Cost Recovery Rate (CRR). The CRR will be included on all monthly -recurring Contractor's charges and invoices. The Department will be responsible for providing notification regarding the CRR to Customers. The Department will provide: i) notification on the MFMP website Punchout catalog, and ii) notification in a mutually agreeable format for OEUs not currently ordering through the MFMP website Punchout catalog. The Contractor shall provide the Department with the CRR on all services sold to Customers that are direct -billed. The CRR will be assessed on the monthly recurring charges after all discounts, adjustments, and credits are taken into account. Additional charges, including but not limited to devices, taxes, surcharges, or regulatory fees, will not be included in the assessment of the CRR. ITN No.: DMS -19/20-006 Page 98 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 301 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENi AT&T Response to The State of Florida Department of Management Services' SERVICES ITN NO: DMS -19/20-006 for Mobile Communication Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... The Department may modify the CRR through a written amendment to the Contract with ninety (90) days prior written notice to the Contractor. If mutually agreed upon, modifications to the CRR may take effect earlier than the ninety (90) days. The CRR will be the same for all Contractors providing MCS. In the event that the Department authorizes a Contractor to collect a lower CRR than on this Contract, the Department will incorporate the lower CRR into this Contract via amendment. The Contractor shall have sixty (60) calendar days after the amendment effective date to charge the CRR on the direct -billed invoices. The Contractor will remit all funds collected pursuant to the CRR to the Department in the form of a quarterly check. The check will be accompanied with a complete Direct -Billed Quarterly Report. The check will be sent no more than forty-five (45) days after the end of the calendar quarter to cover the cost recovery amounts collected for the previous quarter. Attachment C, SLA -G1. Fees collected for the CRR will be thirty (30) days in arrears after the billing month in which the charges are invoiced on the direct -billed invoice. The Contractor will be required to remit funds associated with this requirement only when payment has been collected from the Customers that are direct -billed under this Contract. 6.3 Contract Association on Direct -Billed Accounts All direct -billed accounts established with Customers will include a corporate identifier for this Contract assigned by the Contractor in the billing system. 6.4 Monthly Reporting of Direct -Billed Accounts The Contractor will provide reporting and auditing in accordance with Rule 60FF-2.005, F.A.C. Additionally, the Contractor will provide the Department with an accurate Direct -Billed Monthly Report in an Excel format via e-mail of all direct -billed accounts including, but not limited to: the Customer's billing account name, Customer corporate identifier, number of active lines, total amount of charges, and billing month. Attachment C, SLA -G2. This report will substantiate quarterly payments remitted to the Department. In the event a discrepancy is cited, the Contractor will have thirty (30) days from the date of bill close to provide the Department with the data necessary to reconcile the discrepancy. In the event the Contractor cannot substantiate the cited discrepancy, the Contractor will be responsible for payment of the disputed amount within thirty (30) days. Online reporting and auditing via the Contractor's portal may be appropriate, if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. The format of the report is subject to DMS final approval. 6.5 Quarterly Reporting of Direct -Billed Accounts On a quarterly basis, the Contractor will provide the Department a Direct -Billed Quarterly Report that aggregates utilization monthly reporting. Attachment C, SLA -G3. The report requirements are as follows: ITN No.: DMS -19/20-006 Page 99 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 302 Contract No. DMS -19/20-006A Attachment B - Final Statement of Work MANHEMENf AT&T Response to The State of Florida Department of Management Services' SERVICES '" ITN NO: DMS -19/20-006 for Mobile Communication Services 1. The report must be in an Excel format sent via e-mail of all direct -billed accounts, which will include the Customers' aggregate utilization (minutes, data, and text) and billed amount by device type and billing month. 2. The report must contain information sufficient for the Department to independently verify and validate by Customer the utilization and billed amount by device type and billed amount and the cost recovery due to the Department. 3. The aggregate utilization reporting will not identify CPNI, such as but not limited to account names, subscriber number, or End-user level information for direct -billed Customers. 4. Online reporting and auditing via the Contractor's portal may be appropriate if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. 5. The format of the report is subject to DMS finalapproval. 6.6 Customers Liability Direct -billed Customers are solely liable for any performance, duties, payments, and responsibilities generated by their use of this Contract, fiscal or otherwise. As stated in Rule 60FF- 2.007(3), F.A.C., "the Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM [Customers] in instances where a vendor or SUNCOM Provider submitted an invoice directly to SUNCOM [Customers]." No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. ITN No.: DMS -19/20-006 Page 100 of 100 Attachment A: Statement of Work ^ AT&TAuslness Mobile Communication Services 303 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response i u I dr[rir r,i r>f MANAGE MEl� SERVICES ,_i I o ., ,rol , ,, .r f ,..b, l l iiiii hili n "'to annect You m e World AT&T Response to The State of Florida Department of Management Services' ITN NO: DMS -19/20-006 for Mobile Communication Services (MCS -2), Public Safety Service Plans and Devices Information February 12, 2021 James Gwynn III Client Solutions Exec 3 Int Mob Sled AT&T 1820 E Park Ave, 200 Tallahassee, FL 32301 Office: 850-216-3554 Cell: 850-228-3565 jg123r@us.att.com Proposal Validity Period—The information and pricing contained in this response (the "Response" or the "Proposal") is valid for a period of three hundred and sixty five (365) days from the date written on the Proposal cover page, unless rescinded or extended in writing by AT&T. Terms and Conditions—This Proposal is conditioned upon negotiation of mutually acceptable terms and conditions. Proposal Pricing—Pricing proposed herein is based upon the specific product/service mix and locations outlined in this Proposal. Any changes or variations in the proposed terms and conditions, the products/services/quantities, length of term, locations, and/or design described herein may result in different pricing. Prices quoted do not include applicable taxes, surcharges, or fees. In accordance with the tariffs or other applicable service agreement terms, Customer is responsible for payment of such charges. Providers of Service—Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. AT&T Corp. is an AT&T company, is the proposer for itself and on behalf of its service -providing affiliates. Software—Any software used with the products and services provided in connection with this Response will be governed by the written terms and conditions applicable to such software. Title to software remains with AT&T or its supplier. Customer must comply with all such terms and conditions, and they will take precedence over any agreement between the parties as relates to such software. Copyright Notice and Statement of Confidentiality—©2021 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo, and all other marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks contained herein are the property of their respective owners. The contents of the Proposal (except for pricing applicable to E -rate funded services) are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. 304 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response "r'41i�le of illll DMS -19/20-006 Mobile Communications Services (MCS -2), Public Safety Service Plans and Devices Information...................................................................................................1 ,A InformationContent......................................................................................................1 Proposed Plans and Devices......................................................................................1 Emergency Response and Deployable Technologies.................................................4 CustomerService.......................................................................................................5 EligibleUsers.............................................................................................................7 Coverage...................................................................................................................8 Priority....................................................................................................................... 8 Portals, Dashboards and User Control.....................................................................10 Pricing......................................................................................................................11 Timeline...................................................................................................................11 Redactions...............................................................................................................12 AT&T IBLISiness 305 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response UINAS-19/20006 Mdbille Cornmunicati"ons Services (MCS -2), !�)ublilc Safety Seirvi�ce Plans n 111)eviiirifoirmation Information Content Proposed Plans and Devices i.. Des:°ri lin �i lta0u Ith:: Ilp, uH,3os �'i oll1:IrIiigi LKS suhs :Uon, ads iu esshqg dhl i uql-ulinihin,uuu it DII II ,� t tP d Ii in X0111 t t a c]'q II"n"11 i II lI ��r'ru� i � u ol'�� II I r r ^ Il r . u i` iii::r w N� y� ��'�:: q r. i w 1 :h.. li ` n, n i li m.: ° ,. n i r ^ P:��u� SeinhJd" e l!!1i,,nIns it�NlniilBq„''"hand es r r II' espoiinse: AT&T meets or exceeds the expectations in 4.0, except 4.1.3. We have also submitted clarifying language to section 4.5 in our original submission of document ATT04_TECH N I CAL RESPONSE_F1289946615_AttachmentAStatementofWork_2020_1123.pdf Because this information is CONFIDENTIAL, we have included an excerpt of Section 4 with this response, along with a redacted copy of Section 4. FirstNet rate plans are provided on pages 46 through 48 of our original submission document: ATT07b_AT&T MCS ITN No. DMS -19_20-006 EUPL Update_2020_1123.pdf. We have included the excerpt below. CUSTOM FIRSTNET MOBILE PLANS 1. FirstNet Custom Offer: Provided the Customer remains in full compliance with the terms and conditions of the Agreement, and subject to all corresponding conditions set forth in this §2 (including all sub- sections and Tables), Contractor will provide Customer and the FirstNet Eligible Users, as defined in this Amendment, the following custom offer: the FirstNet Mobile Plans as described in Section 2.1 herein (the "Custom FirstNet Mobile Pooled and Unlimited Plans") the FirstNet Mobile Plans — Subscriber Paid as described in Section 2.2 herein (the "Custom FirstNet Mobile ,A AT&T IBLISiness 306 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Subscriber Paid Plans") and the FirstNet Activation Credit as described in Section 2.3 herein, collectively referred toherein asthe "Custom FirstNetMobile P|ans" The Custom FirstNet Mobile Plans are, at times, referred to as the "Custom Offer". The Custom Offer is available for the term ofthe Agreement. 1.1 Custom FirstNet Mobile Pooled and Unlimited Plans. The Custom FirstNet Mobile Pooled and Unlimited Plans shall consist of the following: TABLE 1.1.1 CUSTOM nnmrmsrMOBILE-POOLED PLANS FOR mMAnrpocwES*~ TABLE 1.1.2* Add $10.99 Add -a -Line for use with an unsubsidized device Monthly Service, Charge Add -a -Line for use with a subsidized device $22.99 Monthly Service Charge *Plans outlinpd ahovp inclucip Unlimited Voice and Text Line For use with a subsidized $20.00 $26.00 $33.00 $210.00 $378.00 $1,750.00 53r35300 device MSC MSC IVISC IVISC VISC MK MSC subsidized device MSC MSC MSC IVISC MSC NISC IVISC means MontWy Service Charge Plans OUtlinpci �nclude Unlimited Voice and Text TABLE 1.1.2* CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR FEATURE PHONES* $10.99 Add -a -Line for use with an unsubsidized device Monthly Service, Charge Add -a -Line for use with a subsidized device $22.99 Monthly Service Charge *Plans outlinpd ahovp inclucip Unlimited Voice and Text TABLE 1.1.3 | CUSTOM nRSTNETMOBILE-POOLED PLANS FOR DATA -ONLY DEVICES | ��AT&T BLISiness 307 Add Line For use with a subsidized $20.00 $26.00 $33.00 $210.00 $378.00 $1,750.00 53r35300 device MSC MSC IVISC IVISC VISC MK MSC ��AT&T BLISiness 307 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response TABLE 1.1.4 CUSTOM FIRSTNET MOBILE -UNLIMITED PLANS CUSTOM FIRSTNET ENHANCED* PTT ONLY PLANS Unlimited Enhanced for Unlimited Standard for Unlimited for Data -only $9.99 Smartphones* Smartphones** Devices Monthly $4.99 $59.93 $34.91 Service Charge Monthly Service Charge 'Enhanced ETT inc9udes L)Wimited, Voice, Text, Data, and Mobile Hotspot 6167C, 6154C, 6140C, 6153C, 'Enhanced Smartphone includes Unlimited, Voice, Text, Data, and Mobile Hotspot * M Standard Smartphone. unclUdes Unlimited, Voice, Text, and Data only TABLE 1.1.5 PRODUCT SKU CUSTOM FIRSTNET ENHANCED* PTT ONLY PLANS PROMOTIONAL PRICE Unlimited FirstNet Enhanced PTT Only Plan 6694C, 65906, 65926, 65936, $9.99 for use with an unsubsidized, compatible Feature Phone Apple iPhone XS Monthly Service Charge Unlimited FirstNet Enhanced PTT only Plan $299.99 $1.7.99 for use with a subsidized, compatible Feature Phone $999.99 Monthly Service Charge 'Enhanced ETT inc9udes L)Wimited, Voice, Text, Data, and Mobile Hotspot 6167C, 6154C, 6140C, 6153C, FirstNet pricing was included with our original submission in document - ATT07a_AT&T MCS ITN No. DMS -19_20-006 Device Price List_2020_1123.pdf. We have included the excerpt from that document below. FirstNet Smartphone Pricing (Qualified Upgrades & New Line Activations) Required FirstNet rate plans: $39.99 or greater rate plan MANUFACTURER/ MODEL PRODUCT SKU RETAIL PRICE PROMOTIONAL PRICE Apple iPhone XR 6694C, 65906, 65926, 65936, $499.99 $0.99 Apple iPhone XS 65606, 65616, 65626 $899.99 $299.99 Apple iPhone XS 6574B $999.99 $399.99 Apple iPhone 11 6167C, 6154C, 6140C, 6153C, $599.99 $0.99 Apple iPhone 11 Pro 6143C, 6142C, 6151C, 6166C $999.99 $499.99 Apple iPhone 12 6859C,6858C,6860C,6861C,68 $799.99 $199.99 Apple iPhone 12 Pro 6873C, 6874C, 6875C, 6876C $999.99 $399.99 Kyocera DuraForce 6758B $449.99 $0.99 Samsung Galaxy S10 68426, 685013, 68456, 68676 $749.99 $0.99 Sonim XP8 (64GB) 6401B $699.99 $0.99 FirstNet Feature Phone Pricing (Qualified Upgrades & New Line Activations) ,A AT&T IBLISiness 308 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Required FirstNet rate plans: Voice $22.99 or greater MANUFACTURER/ PRODUCT SKU RETAIL PROMOTIONAL MtJDEL PRODUCT SKU PRICE PRICE Sonim XPSs (16GB) 6402B $339.99 $0.99 Sonim XP3 (16GB) 6823B $189.99 $0.99 FirstNet Modems and Hotspots (Qualified Upgrades & New Line Activations) Required FirstNet rate plans $22.00 or greater In addition, we have included a complete list (as of the date of this submission) of FirstNet certified devices in Appendix 5. Emergency Response and Deployable Technologies �Des�:ribe the pr io1po sii::!d d q� jVjj,1 � � We "te,c h N"°uo k i i es a N �d hi�I:Iou t he�y' '�Afi u u bbl t NV�i Nl,iiilw,V'V„�, . NI ^u�a� 9i ;Ni6u �N "Luu't'p q "N."W"I,"n7 Bn r& ""f Response: The Public safety agency will have 24/7/365 access to deployable satellite -based Cell on Light Truck (COLT) assets. FirstNet, Built with AT&T, commits to having a COLT onsite within 14 hours of calling for one. In building options for emergency activities are available. This includes products like a GoRed repeater or small cell. The Public Safety Agency also has access to a dedicated team, the Response Operations Group. This team has significant public safety background and partners with liaisons in the state of Florida to help ensure deployable needs are supported directly. ,A AT&T IBLISiness 309 RETAIL PROMOTIONAL MANUFACTURER/ PRODUCT SKU MODEL PRICE PRICE AT&T Global Model 6021C $179.99 $0.99 USB800 Nighthawk LTE Mobile 64206 $249.99 $0.99 Hotspot Router Unite Express 2 6778B $144.99 $0.99 Nighthawk 5G Mobile Hotspot 6226C $509.99 $249.99 Pro Router Model In addition, we have included a complete list (as of the date of this submission) of FirstNet certified devices in Appendix 5. Emergency Response and Deployable Technologies �Des�:ribe the pr io1po sii::!d d q� jVjj,1 � � We "te,c h N"°uo k i i es a N �d hi�I:Iou t he�y' '�Afi u u bbl t NV�i Nl,iiilw,V'V„�, . NI ^u�a� 9i ;Ni6u �N "Luu't'p q "N."W"I,"n7 Bn r& ""f Response: The Public safety agency will have 24/7/365 access to deployable satellite -based Cell on Light Truck (COLT) assets. FirstNet, Built with AT&T, commits to having a COLT onsite within 14 hours of calling for one. In building options for emergency activities are available. This includes products like a GoRed repeater or small cell. The Public Safety Agency also has access to a dedicated team, the Response Operations Group. This team has significant public safety background and partners with liaisons in the state of Florida to help ensure deployable needs are supported directly. ,A AT&T IBLISiness 309 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Describe scribe hmv ser"Il6ze j1an P andIiI::::1,Ji;es 1:ire u.uol�l 'i:hp0IIVeliJ dd,Uu"'n an d'{'!^Upgd rg" 1l3nc",Idd". r ..r Reslpo'nse: All FirstNet customers have unlimited data and will never be throttled for any reason. I.. dd"scri[.ile U:,V°"Ild;" 111�I � N�.�NY'lIJ'IiNytl VIIIINIAIY I e ,1 n "P ePil "idicP gr]< ;Y wfl lu ip IN'IY L. 1�4 �„ ,InUIIIlig ! es p n/Nrytl ry se o'111,11 ') N% i ps A f f Resllpoulsse. Permanent generator backup power is a cornerstone of resilience. AT&T is investing heavily in backup generation. Portable generators are also available throughout the State and can be called upon to bring up a site much faster than a satellite COLT in most circumstances. All generators in the state are reserved for public safety needs first. Other items such as a fiber cut can be expedited for restoral and a COLT can be dispatched for temporary support as needed. All new cell site builds include permanent generators. Customer Service 5, I PIIIId II� �'ryT': p i Ib e! the qp ry�I.p I�,��I 4� �) c r tl�tlI d";�IIf II ��, on ,�,�P p4�,IPI IIP 4 t 4 4 4 II'; NII 4 L II u, I-, �II� 4w�ryd��Ily� 11h,' IP III � q4 IPI � g pry.. �y�1',I/yp� �.,�.IIN II��w I�I 4 I-' P P I� ��' �'i�� I� �p'�s s f�rypll4�vry,1�1'� �. I pp'IIP,III �.ry'l�-II�IIIP � 4 Ie! r Iv �ry PSP tl� I"''I I PI'i��)ll 4 t a �Y�.�O 4 4 P staffing (P s X�' ry p P �� I r w )' N ��b r IIS s c I „P P�IeEi L i dell n s II o tl�tl i d��p P V'i".L s "W ur�� I�i�' a N ��. i 4 4 �,�u � �7 w�'i� 4��p N.:.A P i d ll I II 4 el II�� y Uqd" m d'tl��11V� �W�'II'..V r'p"�!!� iaQ�d;� NV ll�Vtl', P! ap�t,�':ml '�, WV �,d"' 8"'�"�I'9 :nV"Vd'�� .V'Vf:H...uV IQ VlirSIUI '" �� :" �� A..i..&.I Ili'' eslpormse: All customers are automatically enrolled in dedicated FirstNet Customer Support at no cost. The dedicated FirstNet Customer Support team supports ALL subscribers with ALL FirstNet inquiries including billing, ordering, and technical support. FirstNet Customer Support can be reached at one number for all inquiries (800.574.7000), with chat and offline support via FirstNet Central. FirstNet Customer Support is staffed by tenured agents with years of experience supporting public safety entities. Our advanced FirstNet care and support is revolutionary in giving FirstNet customers views into network and support that have never before been available by commercial carriers. ,A AT&T IBUSir'ness 310 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response We have included a brief description of the FirstNet Central portal in Appendix 6. In addition, we would like to provide a formal demonstration to the State to discuss the full depth and breadth of the support capabilities and features available from our customer support team and customer portal. Dsc411oe I:hII;" d.°on" popal+„ con 'WII"nfltenellq'li;;'l";cN wno'hd1n&111'111,',,S 'U': Ile "1II3qnnllll"e O 13r,11I sIl�:Iu"lllillnc SII°"IrR:111 r& ""f Response: Inside the FirstNet Central portal, administrators have access to view the current status of the network. The Advanced Network View page contains pertinent, near real-time information about the network, including situational awareness information regarding service outages, planned network maintenance, current weather and traffic at the location you specify. A location is accessible through its complete street address, or other options, such as city name and state, or just a zip code. Should you wish to be notified of issues occurring in your area, you may sign up for network alerts from this page. These alerts will be sent via email, SMS or through the FirstNet Assist mobile app. Appendix 6 provides an overview of the FirstNet Central portal. 7 Dr'"s�9crfl,.e 1ire use i-0 an p12&i_flad1i_hn pu"ci edWN.u�1f'�2 utl pate,d to ". eA tir nii12 p ii�.,iUk sC33 u,';°1111/ n0lhork pfl,.dP,,fl rn!::',' and pubhc safety CW9M,ofl'll'"n r ,SII""Iiid E ri ;p...user II's"suis r& ""f Response: FirstNet Central Portal - Advanced Network View provides administrators with the current status of the network. The Advanced Network View page contains pertinent, near real-time information about the network, including situational awareness information regarding service outages, planned network maintenance, current weather and traffic at the location you specify. A location is accessible through its complete street address, or other options, such as city name and state, or just a zip code. Should you wish to be notified of issues occurring in your area, you may sign up for network alerts from this page. These alerts will be sent via email, SMS or through the FirstNet Assist mobile app. Appendix 6 provides an overview of the FirstNet Central portal. ,A AT&T IBUSir'ness 311 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response 8, Describe Il:he V�s" d: nl, eq"'ut s dechcated shnvgl e, and d;)ni„opri p p lll... °II'q'ad tying Ioffered to IIodqbpgc s UVO:y egdl ffies for the int1:::!grMJon of Ili ....i..E gq'gt'o 9ate pg bkc safetli� iii.oqnQ'p,.VN., ni i;Il qoq"' s r ..r Re pporise: Advanced Technical Support option for customers with an internal helpdesk; supporting Network, Uplift, Advanced Solutions, Distributed Antenna Systems, Internet of Things and more. In addition to the FirstNet Customer Support and FirstNet Central portal, we have additional capabilities to support our FirstNet Push to Talk (PTT) offer. Please see Appendix 7 which contains specific information on the FirstNet Push to Talk (PTT) service and support. We also describe the Customer Administration Setup and Training (CAST) support in Appendix 8. Eligible Users 9, S Ind hi T1 a d el f: q in e d l t of g i 0 " II::! "s "4 a 1I 3 r' P C se e ii,.,I a III i q e s ,,, a ii i c b (1 e . d r i hi e ii, ii 11,,Ai II II r:.ato.lil i ” U u P:IIii iii p iildlmllud: r:I'fnnt'''d�'seirl iigl;,l Iooi Nalins. "�il��",I'-'h�a�i�� ., �d �id'"�',^" I,,dN ld. 't;,. 'i h "" ,..� "`dil�d,.:tll'''� n Il"' ., r& r li .e'sponse: AT&T shall determine those Public Safety Entities eligible for the FirstNet Solution using policies and procedures established and published by the FirstNet Authority. Such policies and procedures shall be consistent with the requirements of the Act, as the Act is interpreted by the FirstNet Authority. Public Safety Entities are classified as either Primary User Public Safety Entities or Extended Primary User Public Safety Entities based on the public safety services they perform. User eligibility is defined in Section SD.2 of the FirstNet Service Guide and was included in our original submission document: ATT07b_AT&T MCS ITN No. DMS -19_20-006 EUPL Update_ 2020_1123.pdf. AT&T Service Guides are dynamic and available online at AT&T and also on the FirstNet Authority website. We have included the most up to date Service Guide in Appendix 9. ,A AT&T IBLISir'ness 312 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Coverage 3 0. Deschbe the RespandenVs geopaphk coverage!, [mIJii curn!int� colideirage as of the MW of Response, @iriii��l akol llo�anned coverage chming the term of the MATaM 11�5 du nh�i he accoriipa riueii:l ai,r� a, )etak&1 Iso,11,11eirage nia,zis L MOde Mahal Knetmhork nPoice, high speed (dMrd 3G & ::ourtfi genuation - 4G, next genenjon such wi 5G) and I= speed (seoyridJ genuation - 2G) dMa covonge rnaps for Fhir�da (co,iiii�?ried �Irexthyi cri, dh�,oiiq��Jr oaniJirg agreerneinl'�s partrieii'shps) .L "L Response: CONFIDENTIAL - We provided coverage maps in Appendix 2 of our original submission, which is also included with this response. Also included is the redacted copy of the submission. 1 Provide a service area covErage rnap for Push to Tak OFR")Jn ad1dol Pq 11i pi3O:�cx:iok lirii iu!se are to, be dii��!ntffi&J. R sorne areas of the Me have nexer, Nu mhei 11oerfoirrinance or more caphWe PQ tNu ise aivea!s!!�nhii:ruld be odd' intHie(�L II1 rnuKPAe types of PTF ary supfaorted, WerAdy the Unhno5gy and areas coyered. ATsur Response: Coverage for Push -to -Talk (PTT) is identical in all AT&T -owned and operated geographies. Priority 3 J. Deschbe MY hMssion MM KAMA (Ilei I) deOces and serAces shah rneet the MsAorr =G" as deNned by the National Publk SaWrIt leAmmmunkations CouincH ORH'SC), as descx0z)ed SO),A/ sed' doij,,!�d,8, �',/Hss11orr Mcal PushtKI z(f'7) de,iJcms and qHvkes shaHH not ziL�ad,literdsed or in-iiarketed to, State qdok salty entities as "rUssion cx[tkan'" as deNned by he platianM Pubb: SMIQ McornmunkaHons CouncH OUSTCL unti demmnMM.1 to the Depwlmwnt that he Contractoes P! I �s dii iscaniphairice 11hith ",IPSIC'S r&'pkrc!rnents, and apprioveJ in wrMng by the DepanmeWY` AT&T BUSiness 313 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response r& "'r Reslpolusse: The National Public Safety Telecommunications Council created a series of documents focused on recommendations for the National Public Safety Broadband Network which was realized in the creation of FirstNet. These documents were referenced by 3GPP standards bodies and the FirstNet Authority in development of the standards and requirements that ultimately led to AT&T winning the 25 year contract award. As such, NPSTC recommendations were part of the creation of FirstNet and are not governing documents. AT&T must comply to the contractual requirements spelled out by the FirstNet Authority when delivering services like FirstNet PTT which are compliant to the 3GPP MC -PTT standards. NPSTC has developed a functional description of Mission Critical Voice Communications which specifies Talk around (Direct -Mode Communications), Push -to -Talk, Full Duplex Voice Systems, Talker Identification, Emergency Alerting and Audio Quality. All of which are committed functional components of the FirstNet group communications platform FirstNet PTT was built on. In addition, AT&T recognizes that each agency determines a minimum operational level for an application or service to be deemed as mission critical. Factors such as coverage, reliability, hardening all support building an operational trust that enables an agency to use capabilities in mission critical circumstances. AT&T, through FirstNet are committed to earning that trust and continual network improvement to meet the operational mission of Florida Public Safety. q2, DesIlcrffie J�iei a, ,Lwpnm )ac[I to en,::,uunrugquuaVll�i:yA er,itk e, Il)Hcill au:y" ap",ud pmer°nirIIIIc1II"'II as IIOIId'alld a e'd In hili,' ml.G[)wi�� N,iNrII"nV"iaVd s; IIA°ie eivi'I'i/'II 'L)f i U""UI/U Vi"II giiiI/ren 'I:AD puNVc u e^, 3 r°u d the e u,n h cI d r II V og�'/ h e [i a a"rd a �.;i n"�fl u u u si 'I! ". u u "n g a h'I'l? iiln,v,6I cif p u w u ca H a IV.I a a"..0 d p�II� I�I�m��;LII�urndl�: Il ou !� Irp"ri.ru'Iory rIN.V1 I'I';:� Iru1ISYuWuurynur p:rw.,uV llduti� rwN:rllp�t i I a"IY'Irall L1lrytlpwll�rNN�ins N inu dii!:llllJ des rris "P: the,� r�� 'i �",m I II �,�tl'�;��tl U tl a6"S �'�, pe Nc II �� 'yy�i"�bN�� N W'�G�.II��,�"II.��i,.� ".V"��e1 'p NIII��N�.�p[Pq Il 11 NN��V�Ie III' NY�;;;�' Ild'II iV �;�;�;u .SUV d .btl',Vd ' i i �Io bins aini� �i e 11i i ces s['iallll aii!: uuu d.:oni�r ldill�� iii iin°e'l10/i Vlu ir. i GeII°od: n::1d1 udolwu Il:waii iirsIIi,i ��:u rd died::"t 10 UV V� � 11�;,� U ry � I�I' "I�I � � �' U I dII n ° II �:II ;�"I Isi ih,-A IIrVV.ust pI'rfd""Pu"rn td"::& UhII? II"nIorvU oUhd;,',;I' sUan'PaIIId, .; a n., '11,1 III I ., ' :ds in:V� ,w �!.i d .1'IhII'"h/I„ NydJV0�0 QW:: iand dUu IIIIIIlrN I SU„uppi 1,IIIIt0: "" ell�t„la .�..d,I t:d.d r"U""IIUIIIII,UII�II II II" U t U � m 'II I q u' U IL:u u"u Icm S t ,CII h i u'IC; e w A..,P fV" a II"u II II " I I:;'d N""'' on UIIUII Iu"'VII'II�I .I and d .�'�ViuIIIIb s � u� d; II ull,,,uIIVIId IUu II � � �'.°h��''II; d N � U e d,.� „, ,.. N �,� iW, " ILS "!!ri Il.0 �� v.� V.,r �"� d ulu/II ^,u"" e,116�11fing ch cU",UII't 'lll,A/ffi IIeUw`, aimaaci<e't s)iV IItcl,IIen(::1111 '�15.1` r& ""r li' espoinse: While at times, standards may move ahead of network due to a necessary implementation life cycle, the FirstNet contract provides for operations, maintenance and improvement of the FirstNet network to remain in compliance with evolving standards, including 3GPP, TL -9000, ISO 9001, and ATIS-100009 as well as the ITU -T framework. All FirstNet users are provided with a priority experience which is tiered ,A AT&T IBUSir'ness 314 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response based on whether the agency qualifies as Extended Primary or Primary Agency. In addition, local control is provided to allow primary agencies to set individual priority levels as well as uplift any user on the FirstNet network to a temporary incident level. AT&T delivers FirstPriority on the FirstNet network. FirstPriority provides special access to B14 spectrum and clears this spectrum when needed for Public Safety. It also provides primary users with the ability to preempt non -emergency commercial traffic for voice and data services, including video/messaging. This capability is provided to all primary user devices in a consistent manner, including data only devices/rate plans and IoT devices managed by the FirstNet Control Center. FirstNet delivers the highest available best effort data priority connection, and automatically prioritizes FirstNet PTT above all other services on the network. Portals, Dashboards and User Control Lmm''Ilry a"E.,SC�"'ibe u:u"pe uiVdiic � con U'°o1 ;mrta , as il';:li"scP'Vb&J VU'"p (D)A/ s&i".tion 'L3,, Pease no te a �Jei'II.Yon tration o4:tMs aortaV may be II e qu Vii ,Nted [Vilif the V"I q"god;p'dolil'll I:eN;gll,n, r& r Response: Your administrators use the FirstNet Central portal to manage your FirstNet Built with AT&T account. This online portal, specifically for FirstNet administrators, provides easy-to-use 24/7 access to manage users, apps, services, and settings. Guided menus at https:Hfirstnetcentral.firstnet.com/ direct administrators to Add, edit, and delete user profiles and permissions Purchase standard and specialized devices Select, manage, and push apps to devices Change features and rate plans Check usage, pay bills, and view reports (including network status) View network status through Advanced Network View Uplift functionality for primary user agencies We have included a brief description of the FirstNet Central portal in Appendix 6. In addition, we would like to provide a formal demonstration to the State to discuss the full depth and breadth of the support capabilities and features available from our customer support team and customer portal. ,A AT&T IBLISiness 315 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Pricing I the pricing proOded In ycojr Response Wd not contakryour complete MY& Ofety pddng oWng, phase also, proWde the pddng. HII the Iles�ziorideirit� ll'ias no air IcWIuonzfl Wrmatlon to, jro,,Jii�;Ie frorin IA-ieiir subrrdfted Servic;es arid DiscourAs Pddng and IlDie,idrce! 141 a resubrnisdon of documents IIs nh�)t jehng I he shiWAar Ind nices and 1)[scauras PNdng aii116JriiE!ss si!)Uh 111i1dirig I"or Public SahAy and nomfubkc SWOV Bnaadband serdces. I heIlwlespandents are asked It: make ruc changes hron-ahe nonpPulshc SafeVV broadband s0ferings at this Urne Wr clar!Q. In this Madal the AngWar docurnerrIPM supjarit the oiIIIIJ4I Seiri,ik:es and DwSO:�)UIIIIs ll�lriciirig lResplorise. I he AgWar Qvidors DeAce I Mocurnent should adckess both rking for PAN�� SMV Mmadband amd non Pubhc Safii��:JI,,�, seirulice o�lferings, ..d..,he Respondents are asked be rnake no chairwges fron N the non �)i,bAc &ffety offerwngs at tMs drne for cdadty. in tMs situat1on, the singuhr doamnerromM supWant the Respondent's WMA Vendor's Devke lL......st Response, The pHdng subnAtted as pm,t of the I`1es�aonder'OII's Relj/ ws baSehice, d [fls Is notari 1o,,)pco-o.mit,,j to rK�sirige ..f it Response: AT&T provided FirstNet device and rate plan pricing in the following documents with our original submission: 0 ATT07a—AT&T MCS ITN No. DMS4920006 Device Price List 20201123 0 ATT07b—AT&T MCS ITN No. DMS -1920-006 EUPL Update -2020-1123 Timeline � he Safety Broadband WOrniation is due to die Procwvrnent 0191mr by Fdorvary 11, 2021. 1 A shouW sliArrotted IIby ein'iaiL A L& ""LIII' espoinse: AT&T understands the due date was extended to February 12, 2021. AT&T BUSiness KIP Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Redactions 110ei to IliPi siei:Uon 3-11 IFlrsbh Ilw"econis,„ n�forrnr :11:don, ani�:l I��,: �� 1 iip ii� d II ephes for, Ap p Reslpouisse: AT&T understands. We have included a redacted copy of Appendix 2 and a redacted copy of our Section 4 excerpt from ATT04_TECHNICAL RESPONSE F1289946615 AttachmentAStatementofWork 2020 1123 with this response. ,A AT&T IBUSiness 317 Co M � N s I� O :3 O4-+ 01 N O O •` s �� -0 r -I sN i O N }' O � _0 a -J }' Ca NN N+-+ — L O 0O Q p - 0 v _0 4O p � �O � O N OE N_0O pX� L> }, NO U �E U m al OB > c C: Na' N a-' U U Q _0 Z Q 0 Z L N U-0 afB -0-0 bO c4 -J UO co CO a-+ i �j U 3 -0O a cu N �•N E p OL O p ++� p c co s >, 0 N 0- �N N N U N L o4-1 NLn N a--+bD N N Ca U O — `0 00 - 4-1 � U)U 1= N - U v N Q _0 C °J .� a,o O Q +� +�� c� U v s m EfV z° U – L N a--+ `� L O N co (U L O CB r M s m V)> N pLU ox U �� N ra U M0 �_0 N a�rU L� L m p 0 O U 4A O v r- -a N O C E �� +.+ CB C6 L UO NQ U m +� z �� N •. U N N V) C .� L N L �_0 Ov a OO l LA ai -0 NO O s +-+ O }, �U Q _O +-� 0 U U – r UN LnN Ln L U N bio O a--+ O-0 aj 0 rl (1) +•+ � 0) – - 0 r -I � + i +Co 0 U – > }' L ++— U t1AIN � -0 L >p Nvi � �N M Naro �--� �N0 >( U N N L O� L \J �� /\N `C: - _0 Ln �LC]A N N • CiA Ln �, � MOL – N m U p N O� O� Ns -04 4-1 cBO rl I p N N N N 0 N 0 =3p Q N +., ��Q ~ Z ~ ~ � ~� toCU E f6 m�� L N a"' r�-I o O � N N C6 N N O _0 _0 L Ln 4-1 z C6N C 0 i 0 sLnU ~gym L CA -aZ3 �� Ln 0 N LL -� Q m (� 0 N L N L C: 0 N r -I L Co M CD N Cl) N Cl) N N M le N M N M Co N Cl) rn N Cl) 0 M M N M M IM M co M Cl) ti M Cl) co M M 0 IRTM Contract No. DMS -19/20-006A _ FIRSTNE�chment B, Exhibit 1 -Public Safety Additional Response mmmmmm9 Built with AT&T FIRSTNET CERTIFIED DEVICE - Device'OEM Device Model Device Name FirstNet Reader or FirstNet Capable'l, Fund 14 Support? Advance Electronic Design Inc. URC -1 FirstNet Ready Yes Advantech B+B Smartworx IRC -3200 FirstNet Ready Yes Allerio Inc. AMH100 FirstNet Ready Yes Apple A2094 Watch Series 5 Small FirstNet Capable No Apple A2095 Watch Series 5 Big FirstNet Capable No Apple A1975 Watch Series 4 Small FirstNet Capable No Apple A1976 Watch Series 4 Big FirstNet Capable No Apple A1921 iPhone XS Max FirstNet Ready Yes Apple A2428 iPad 8th gen FirstNet Capable No Apple A2294 Watch SE Big FirstNet Capable No Apple A2293 Watch SE Small FirstNet Capable No Apple A2353 Watch Series 6 Small FirstNet Capable No Apple A2354 Apple Watch Series 6 Big FirstNet Capable No Apple A1920 iPhone XS FirstNet Ready Yes Apple A1984 iPhone XR FirstNet Ready Yes Apple A2013 iPad Pro 11 FirstNet Ready Yes Apple A2014 iPad Pro 3 12.9 FirstNet Ready Yes Apple A2153 iPad Air 3 FirstNet Ready Yes Apple A2126 iPad Mini 5 FirstNet Ready Yes Apple A2160 iPhone 11 Pro FirstNet Ready Yes Apple A2111 iPhone 11 FirstNet Ready Yes Apple A2161 iPhone 11 Pro Max FirstNet Ready Yes Apple A2200 iPad 7 FirstNet Ready Yes Apple A2068 iPad Pro 12.9 -in (4th gen) FirstNet Ready Yes Apple A2275 iPhone SE (2nd Gen) FirstNet Ready Yes Axon Enterprise AX1023 FirstNet Ready Yes Cisco IR829M-LTE-EA-BK9, IR829M-LTE- EA-AK9 FirstNet Capable No Cisco IR829M-2LTE-EA-BK9, IR829M- 2LTE-EA-AK9 FirstNet Capable No Cisco IR829B-LTE-EA-BK9, IR829B-LTE- EA-AK9 FirstNet Capable No Cisco IR82913-21-TE-EA-131(9, IR82913- 2LTE-EA-AK9 FirstNet Capable No 2020 AT&T Intellectual Property. All rights reserved. FirstNet and the FirstNet logo are registered trademarks and service marks of the First Responder Network Authority. All other marks are the property of their respective owners. 343 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Cisco IR829-2LTE-EA-BK9, IR829-2LTE- EA-AK9 FirstNet Capable No Cisco IR1101-A-1<9 (P-LTE-MNA) FirstNet Capable No Cisco IR1101-1<9(P-LTE-MNA) FirstNet Capable No Cradlepoint MC400-600M-C FirstNet Ready Yes Cradlepoint IBR900-1200M FirstNet Ready Yes Cradlepoint AER2200-1200M FirstNet Ready Yes Cradlepoint IBR1700-1200M FirstNet Ready Yes Cradlepoint MC400-1200M FirstNet Ready Yes Cradlepoint IBR600C-150M FirstNet Ready Yes Cradlepoint IBR650C-150M FirstNet Ready Yes Cradlepoint CBA550-150M FirstNet Ready Yes Cradlepoint AER2200-1200M-B FirstNet Ready Yes Cradlepoint MC400-1200M-B FirstNet Ready Yes Cradlepoint IBR900-1200M-B FirstNet Ready Yes Cradlepoint IBR1700-1200M-B FirstNet Ready Yes Cradlepoint E300-C4D FirstNet Ready Yes Cradlepoint E3000 -C186 FirstNet Ready Yes Cubic Defense UK Ltd 68664/LTENAF-B FirstNet Ready Yes Dell Latitude 14 Rugged 5420 FirstNet Ready Yes Dell Latitude 14 Rugged 5424 FirstNet Ready Yes Dell Latitude 14 Rugged Extreme 7424 FirstNet Ready Yes Dell Latitude 7400 2 in 1 FirstNet Ready Yes Dell Latitude 7400 FirstNet Ready Yes Dell Latitude 7300 FirstNet Ready Yes Dell Precision 7540 FirstNet Ready Yes Dell Latitude 7210 2 in 1 FirstNet Ready Yes Dell Latitude 7220 Rugged Extreme Tablet FirstNet Ready Yes Dell Latitude 7220EX Rugged Extreme Tablet FirstNet Ready Yes Dell Latitude 9510 2 in 1 FirstNet Ready Yes Digi WR54-A246 EM7511 FirstNet Ready Yes Digi WR54-A146 EM7511 FirstNet Ready Yes Digi ASB-EX15-XX18-OUS FirstNet Ready Yes Emblem Solutions U102AA (Teller) FirstNet Ready Yes Flextronics FT750-1-430-GL FirstNet Ready Yes GE MDS Orbit MCR (4GB) FirstNet Ready Yes GE MDS Orbit ECR (4GB) FirstNet Ready Yes Geotab GO9 LTE M14QA FirstNet Ready Yes Getac V110 FirstNet Ready Yes Getac S410 FirstNet Ready Yes Getac F110 FirstNet Ready Yes Getac K120(EM7511) FirstNet Ready Yes 344 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Getac UX10(EM7511) FirstNet Ready Yes Getac A140(EM7511) FirstNet Ready Yes Getac Technology VR-X20(EM7511) FirstNet Ready Yes Getac Technology B360(EM7511) FirstNet Ready Yes Google G0201 Pixel 4 FirstNet Ready Yes Google G020J Pixel 4XL FirstNet Ready Yes Harman International HAS-15UA-BR (Spark 2.0) FirstNet Ready Yes Harris XL-PFM2M-ANG FirstNet Ready Yes Harris XS-PFS2M-NA FirstNet Ready Yes Harris XL-185M/200M FirstNet Ready Yes Harris XL-185P/200P FirstNet Ready Yes Inseego MC800 / USB800 FirstNet Ready Yes Intelligent Surveillance Corp SC410 FirstNet Ready Yes Klas Telecom TRX -R2 FirstNet Ready Yes Klas Telecom TRX -R Modem Carrier Board FirstNet Ready Yes Kyocera E6920 Duraforce Pro 2 FirstNet Ready Yes LG LM-V350AWM V35 ThinQ FirstNet Ready Yes LG LM -X41 OAS K30 FirstNet Ready Yes LG LM-Q710WA Stylo 4 FirstNet Ready Yes LG LM-V405UA V40 FirstNet Ready Yes LG LM-G820UM G8 FirstNet Ready Yes LG LM-X420AS K40 FirstNet Ready Yes LG LM-X320AA Prime 2 FirstNet Ready Yes LG LM-Q720AM Stylo 5+ FirstNet Ready Yes LG LM-G850UM G8x Thinq FirstNet Ready Yes LG LM-V600AM V60 ThinQ FirstNet Ready Yes LG LM-G9000M Velvet FirstNet Ready Yes Microsoft 1876 Surface Pro FirstNet Ready Yes Microsoft 1927 Surface Pro FirstNet Ready Yes Microsoft 1930 Surface Duo FirstNet Ready Yes Motorola XT1922 Moto G6 Play FirstNet Ready Yes Motorola XT2071-2 Motorola Razr FirstNet Ready Yes Motorola Lex L11 n FirstNet Ready Yes Motorola Solutions APX NEXT FirstNet Ready Yes Napco Security Technologies SLE-FNI-CFB-PS FirstNet Ready Yes Napco Security Technologies SLE-FNI-CFB FirstNet Ready Yes Napco Security Technologies SLE-FNI-FIRE FirstNet Ready Yes Netgear MR1100 Nighthawk FirstNet Ready Yes Netgear AC797S Unite Express 2 FirstNet Ready Yes Nokia 7705 SAR-Hmc/3HE12472AA FirstNet Ready Yes 345 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Panasonic CF -20 EM7511 FirstNet Ready Yes Panasonic CF -54 EM7511 FirstNet Ready Yes Panasonic CF -33 EM7511 FirstNet Ready Yes Panasonic FZ-55 EM7511 FirstNet Ready Yes Panasonic FZ-N1EB FirstNet Ready Yes Pepwave MAX-HD4-LTEA FirstNet Ready Yes Pepwave MAX TST Mini FirstNet Ready Yes Pepwave MAX-BR1-ENT-LTEA FirstNet Ready Yes Pepwave MAX-HD4-MBX-LTEA FirstNet Ready Yes Pepwave MAX-HD2-LTEA FirstNet Ready Yes Pepwave MAX-HD2-M-LTEA FirstNet Ready Yes Pepwave MAX-TST FirstNet Ready Yes Pepwave MAX-HD4-LTEA FirstNet Ready Yes Pepwave MAX-HD2-DOM-M-LTEA FirstNet Ready Yes Pepwave MAX-BR1-Mini FirstNet Ready Yes Pepwave EXM-3LTEA-R FirstNet Ready Yes Samsung G960U Galaxy S9 FirstNet Ready Yes Samsung G965U Galaxy S9+ FirstNet Ready Yes Samsung SM-J337a Galaxy J3 (2018) FirstNet Ready Yes Samsung SM-J737A Galaxy J7 FirstNet Ready Yes Samsung SM-N960u Galaxy Note 9 FirstNet Ready Yes Samsung SM-T837a Galaxy Tab S4 FirstNet Ready Yes Samsung SM-A600a Galaxy A6 FirstNet Ready Yes Samsung SM-T387AA Galaxy Tab A FirstNet Ready Yes Samsung SM-G970U Galaxy S1 Oe FirstNet Ready Yes Samsung SM-G975U Galaxy S10+ FirstNet Ready Yes Samsung SM-G973U Galaxy S10 FirstNet Ready Yes Samsung SM-T927A Galaxy View 2 FirstNet Ready Yes Samsung SM-J260a Galaxy J2 Core FirstNet Ready Yes Samsung SM -F9000 Galaxy Fold FirstNet Ready Yes Samsung SM-A102U Galaxy Al Oe FirstNet Ready Yes Samsung SM-N970U Galaxy Note 10 FirstNet Ready Yes Samsung SM-N975U Galaxy Note 10+ FirstNet Ready Yes Samsung SM-N976U Galaxy Note 10+ 5G FirstNet Ready Yes Samsung SM-T727A Tab S5e 10.5" FirstNet Ready Yes Samsung SM-F7000/DS (SS) Galaxy Z Flip FirstNet Ready Yes Samsung SM -G981 u Galaxy S20 5G FirstNet Ready Yes Samsung SM-G986u Galaxy S20+ 5G FirstNet Ready Yes Samsung SM-G988u Galaxy S20 Ultra 5G FirstNet Ready Yes Samsung SM-T307U Galaxy Tab A 8.4" FirstNet Ready Yes Samsung SM-G889A XCover FieldPro FirstNet Ready Yes Samsung SM-AO15A Galaxy A01 FirstNet Ready Yes Samsung SM-A515U Galaxy A51 FirstNet Ready Yes Samsung SM -Al 15A Galaxy A11 FirstNet Ready Yes 346 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response Samsung SM-A716U Galaxy A71 5G FirstNet Ready Yes Samsung SM-F707U Galaxy Z Flip 5G FirstNet Ready Yes Samsung SM-A516u Galaxy A51 5G FirstNet Ready Yes Samsung SM -N981 u Galaxy Note 20 5G FirstNet Ready Yes Samsung SM-N986u Galaxy Note 20 Ultra 5G FirstNet Ready Yes Samsung SM-F916U Galaxy Z Fold2 5G FirstNet Ready Yes Samsung SM-T878U Galaxy Tab S7 5G FirstNet Ready Yes Sierra Wireless MG90 LTE -A Pro FirstNet Ready Yes Sierra Wireless MP70 LTE -A Pro FirstNet Ready Yes Sierra Wireless RV55 LTE -A Pro NA FirstNet Ready Yes Siyata Mobile UV350 FirstNet Ready Yes Sonim XP8800 XP8 FirstNet Ready Yes Sonim XP5800 XP5s FirstNet Ready Yes Sonim XP3800 XP3 FirstNet Ready Yes TCL Communication (Alcatel) 4052R Allure 3 FirstNet Ready Yes Utility Associates RocketloT-XLE FirstNet Ready Yes WellAware WA -CELL -L1 FN -DS FirstNet Ready Yes Zebra Technologies TC77HL-CA-NFC FirstNet Ready Yes Zebra Technologies TC57HO-CA-NFC FirstNet Ready Yes Zebra Technologies X1011-3 FirstNet Ready Yes Zebra Technologies iX125R2 FirstNet Ready Yes Zebra Technologies RTL10131 FirstNet Ready Yes Zebra Technologies ET56DE FirstNet Ready Yes 347 FirstNet Central "'I"'Ihe Ilhulb fair products and seirvices Public safety needs the ability to onboard and service • View notifications for account management platform devices fortheirfirst responders. The FirstNet Central maintenance, outages, new release notes and special home page provides access to these activities when first offers in the Notification Center. responders need it— 24x7x365. • View network status and planned maintenance. Sili ml llley easy„,,,to ,,,,,use aces to • View and shop public safety apps & solutions devices and seirvices FirstNet Central is designed to provide necessary support and information from one central menu — whether you need to set up another administrator, n `'gym”` � 1,�, m manage apps that are sent to your team or change a Administration tr tion device's rate plan. All management is initiated from wrn,wmaaMr~maw umert!nramAWm¢G a vwaaaaaMoaramumaG FirstNet Central. qg Iunanam axamua !.�MusmO'a a,iwrwrvx;aay'ptlmrtna At a g1laince For public safety agency administrators, includes: • Manage users (creation, edit, and deletion) h6lhuairamwp�w amu w6rt.:mvu&�/ mwHea+q'p ,rvaWlsVna imw#ot'y IMIY,arn;uupum uatsNsa C,aV4u" soot ns • Manage mobile services (purchase devices &�' accessories, manage services, pay bills, reports) • Purchase specialized devices (vehicle routers, peripheral devices, etc.) Vaaarn,na&vohoss uepamfui4 FIRSOwTNET BBuilt� � y�, { AT&T2020 AT&T Intellectual Property. FirstNet, First Responder Network Authority, and FirstNet logo are registered trademarks and service marks of with 1 M & I FirstNet, an independent authority within the U.S. Department of Commerce. Al other marks are the property of their respective owners 348 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safetv Additional Res 11I)evices and accessoirliies Whether you are looking fora consumer -type smart device, a ruggedized tablet or smartphone, or a vehicle router, FirstNet Central has you covered. Devices can be purchased with the terms your organization is accustomed to, including two-year contracting. Network status a view ilintthe inetwork Administrators have access to view the current status of the network. The Network Status page contains pertinent, near real-time information about the network, including situational awareness information regarding service outages, planned network maintenance, current weather and traffic at the location you specify. A location is accessible through its complete street address, or other options, such as city name and state, orjust a zip code. Should you wish to be notified of issues occurring in your area, you may sign up for network alerts from this page. These alerts will be sent via email, SMS or through the FirstNet Assist mobile app. I aina e apps Every public safety agency has apps they want their team to download and use. The FirstNet App Store makes it easy for Administrators to identify those apps, recommend them to team members, and push IIMIIIMIIIMIIIMIIIMIIIN "pupil '� ■I rN ■ IlVlummn ISI r them out to agency devices, should the agency use an Mobile Device Management (MDM) solution, such as Mobile Iron. FirstNetoffers a flagship of outstanding third -party apps that will leverage FirstNet's core network. These tools provide public safety with cutting-edge technology, both today and into the future. FirstNet Central is the FirstNet-specific experience for purchasing services and devices from FirstNet. All aspects of managing users, devices and services are at an administrator's fingertips. Network status allows an administrator to view the state of the FirstNet network, as well as other features. This functional, important tool offers state-of-the-art support for today an scalability for innovation tomorrow, with improvements and new features expected for every operational phase. Ilf°° it imn ire ilin-f ininmatiii in go t If::� ii ir.t if � tr„�pir 92020 AT&T Intellectual Property. FirstNet, First Responder Network Authority, and FirstNet logo are registered trademarks and service marks of FirstNet, an independent authority within the U.S. Department of Commerce. Al other marks are the property of their respective owners 349 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response ,ii, t et [SIA S 11mm, . . lk I` es riii IIIA ,,iii C iii m FirstNet Push -to -Talk is a network -based communication solution for public safety that enables virtually instant one-to-one, group, and emergency voice communications. FirstNet PTT also enables you to send text messages and make mutual aid requests to include other agencies' users in your talkgroups. Built to Mission Critical Push to Talk standards, FirstNet PTT is part of the core of the FirstNet network. FirstNet PTT has servers in six data centers across the country, the highest priority of any traffic on the FirstNet network (other than mandated emergency calling), and engineering to meet the key performance indicators that the standards define. So, it provides an especially reliable platform, low latency, and high availability for superior calling performance. This Solution provides sub -second call setup for superior calling and nationwide coverage on the FirstNet LTE network. Along with a rich roadmap of advanced features that will comply with the Mission Critical standards, the Solution serves as a robust communication tool for public safety and will enable enhanced situational awareness to help agencies keep their workers and communities safe. low It. Warks FirstNet Push -to -Talk (FirstNet PTT) uses a network -based architecture that includes servers in six geographically distributed and dedicated FirstNet Packet Core nodes. Each node is designed with geo-redundancy to help protect against service outages. The geographical distribution routes calls to a nearby node, which results in lower latency and higher availability. Based on 3rd Generation Partnership Project (3GPP) Mission Critical Push -to -Talk (MCPTT) standards, this push -to -talk solution provides sub -second call setup. In addition, FirstNet PTT traffic has the highest priority of any traffic on the FirstNet network (other than mandated emergency calling) to enhance reliability and availability. Users log in to the push -to -talk service via an application on their devices using their existing FirstNet credentials, while PTT administrators manage agency users and talkgroups with a web -based administrative tool accessible via the familiar FirstNet Central interface. 350 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response at .ires &'id Benefits FirstNet Push -to -Talk gives you these features: Calling Features—provide group calling, private (one-to-one) calling, emergency calling, and presence indicators, so that users can see which of their contacts are online. As a result, they can easily connect to the team that they need. • Multiple Talkgroups Capability—enables creation of multiple groups of up to 1,000 members each (based on radio capacity), giving the flexibility to build communities of users. And the Solution can grow to meet an agency's needs, so they can benefit from scalability and an easy growth path. Sub -Second Call Setup—provides nearly instantaneous high-performance, low -latency communication. As a result, agencies can have confidence that FirstNet PTT enables them to respond quickly in urgent situations. • Calling Prioritization—lets the administrator assign higher priority to certain groups or assign a supervisor role to the team leader so that the leader has priority access to the speaking floor. This means that personnel in key roles can take charge of communications to enhance responsiveness to developing circumstances. • Device Diversity—provides a broad portfolio of FirstNet ReadyT`" Android 4G LTE smartphones, feature phones, and ultra -rugged devices. Depending on vendor and model, the devices may include hard keys for PTT calling or declaring emergencies, embedded PTT clients integrated into the operating system, and the capability to prioritize network access and PTT traffic. Because these devices are subjected to FirstNet testing and certification, agencies can buy them with confidence that they meet first responders' needs. A list of supported devices is at firstnet.com/push-to- talk/support. • Downloadable Apps—enable users who don't need PTT -centric devices to easily access PTT service on a smartphone. Users download the app from the public app store, install the app on their devices, and then are able to make and receive PTT calls. As a result, support personal won't need special devices to keep in touch with first responders and may even be able to use their existing device. A list of supported devices is at firstnet.com/push-to-talk/support. • Nationwide Availability—provides near -instantaneous communication virtually anywhere in the nation, at the push of a button. The FirstNet 4G LTE network is being 351 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response built to cover 99% of Americans. So, users can communicate and perform their mission wherever the need arises. • Automated Mutual Aid—enables administrators to send automated requests for resources to other neighboring, statewide, or even national agencies on the FirstNet PTT platform to assist with routine or ad hoc events. Upon request approval, the other agency's resources become visible to the requesting agency so that its administrators can add them to its talkgroups. Consequently, users can quickly and easily coordinate with other agencies for a more effective response. Administration Tool—integrates with the FirstNet Identity Management system to provide a view of existing users in a familiar format. FirstNet PTT administrators can manage agencies, create sub -agencies, assign users, assign licenses, create talkgroups, and request mutual aid. As a result, administrators can quickly and easily manage FirstNet PTT resources from a centralized portal that provides automatic updates to devices over the air. Highly Secure Communication—offers a 3GPP Mission Critical Push -to -Talk compliant solution designed for the security needs of first responders. The FirstNet network applies standard 128 -bit LTE wireless encryption. In addition, the FirstNet PTT service applies Advanced Encryption Standard (AES) 256 -bit encryption to voice, data and video for even more security. As a result, FirstNet PTT helps ensure that agency communications are highly secure. turner Applicatians Following are some ways you might use FirstNet Push -to -Talk: • Coordinated Support In the aftermath of an emergency, you're often challenged to schedule and coordinate the responses of supporting municipal and private agencies such as waste management, emergency relief suppliers, and tree and debris removal services. You need a communication solution that enables you to quickly and easily engage the support teams and resources you need. To enhance coordination and communication between support agencies, we suggest mutual aid request functionality using FirstNet Push -to -Talk. 352 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response With FirstNet PTT, you can send a mutual aid request to any other agency or entity that subscribes to FirstNet PTT service. Once the other agency approves your request, you can create cross -agency talkgroups to respond to the emergency cleanup. As a result, you get a cost-effective solution that enables tighter coordination and more timely responses to incidents. When you can quickly get resources and team members together where they need to be, you can return to normalcy faster after an emergency. • Augmented First Responder Two -Way Radio Assets You use a Land Mobile Radio (LMR) system to communicate with and manage your first responders. However, your limited LMR mobile coverage and system capacity prevents you from expanding coverage to support roles. These limitations can lead to communication gaps and/or can affect your ability to plan and provide resources on the fly. You need a more complete solution for your entire team. To enhance your team communication, we suggest Land Mobile Radio (LMR) interoperability using FirstNet Push -to -Talk. FirstNet PTT enables you to extend radio communications beyond the LMR network via the nationwide FirstNet 4G LTE network. In addition, it lets you augment the LMR system's capacity by offloading non-critical communications, which frees capacity and reduces congestion without negatively impacting team collaboration. This solution requires a Radio over IP (RoIP) gateway to enable interoperability between traditional two-way radios and compatible feature phones, ruggedized phones, and smartphones on the FirstNet wireless network. So, you can make group calls between the systems and extend communications to mission -support personnel. As a result, FirstNet PTT provides a cost-effective alternative for organizations like yours that have a significant LMR deployment. You can quickly add push -to -talk coverage and capacity without the need for expensive new two-way radios. Also, the FirstNet PTT service can provide network redundancy in case of an LMR network outage. The following options are available with FirstNet Push -to -Talk: • Land Mobile Radio (LMR) Interoperability—supports a Radio over Internet Protocol (RoIP)-based solution that integrates an existing LMR system with FirstNet PTT. This integration enables LTE -based FirstNet PTT groups to talk seamlessly with users on existing LMR channels, and it effectively extends the LMR network via the nationwide 353 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response FirstNet 4G LTE network. By using an RoIP gateway to provide the interoperability, agencies can take advantage of the FirstNet PTT Solution, which provides nationwide LTE coverage, high performance prioritized PTT calling, a choice of cost-effective FirstNet PTT certified devices, and low monthly recurring costs while still maintaining communication across an agency's entire team. In addition to potentially improving team productivity and freeing up radio capacity, LMR interoperability can extend coverage at a lower cost than adding on to an LMR network. The FirstNet PTT RoIP interoperability solution requires the following: o Customer premises equipment (CPE), including a FirstNet Ready° Cubic Vocality Rolf gateway and donor radio o Connectivity with the LMR network via cabling that connects the donor radio and gateway o Connectivity with the FirstNet network and FirstNet PTT nodes via a FirstNet Mobile Data Plan and/or a wireline backhaul internet connection (when available) 354 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response . ' Ia ... Ira III' • Web -based Administrative Tool This screenshot shows the web -based FirstNet Push -to -Talk administrative tool, which is accessible from the FirstNet Central website. The tool integrates with the FirstNet Central Identity and Credentialing System, so users can log in with the same credentials. .,.irorcU'A�.'nrrt'Y mM1i^.ve6nwwr FIRST VET F'irstNat PTT AdmOnm Ctisteg ARAO 0 WM AIrrVnw 11 bdsarrMa STA. LecmnamAft re lv, wC79MwS �� ti':'N'pffi C,arW!IXG'a� 6,N�`MMMhL �JtM�1 d.,la:VY u, "a gg F w.weru�vw � �a�,qa 4V a- �WA ✓.ori Gu 'i¢'Jr.99 � 47" rma:y Sumrormarp d..m;IpFrryWg UwN 111111w� dnbdrwm k'.7 ':at) LMR MAY ir— Y tl°S •". TaaWggrcwgar A,grer Oes aa6 Aw$p9mos Us � N � Thkg rou Agency Uccsrosar Contact Ust Othm Op ermt@aw s M'-! 1A ;", U ve uv„r. au, Md a. erw” f. tare . err w..aef a'6 I FN A T Prdu: DUCYT MARXErNG INBO , t Y r t Willi I;'k"JAYP;ItI) �i a o- i y n¢xr r n;Jur 355 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response 0 FirstNet Push -to -Talk Architecture This diagram shows the basic architectural components and network structure of FirstNet PTT. Built into the core and not bolted on. C�Ikc�e� ,SchI ,,tNet Enhanced Packet Core (EPQ rj�L� OWN** fa C PTI Servers and Supprn ort SyStes +-----+ : , +----- —+.c Global Network Gen Redundant Operations ----------- ------------ PCs Network Centers Six geographically diverse FirstNet EPC locations 0 AT&T LTE Wi Fi Radio Access Access* Rugged Feiture Rugged Smartphones Dir(xt Phones* Smartphones Android and iOS* Mode* 356 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response FirstNet Push -to -Talk Land Mobile Radio (LMR) Interoperability—Network Diagram This diagram shows the Radio over IP (RoIP) architecture that facilitates communication between an LMR channel (talkgroup) and a FirstNet Push -to -Talk talkgroup. Land Mobile Radio (LMR) System FirstNet Network FirstNet. PTT I �� n�Ai� �II(Il�l,aj „ ':"■„ .... W i • FirstNet Push -to -Talk Client Application Interface—Channel, Contact, and Conversation Screens These images show examples of the channel screen (with a list of active and Idle channels), the contact screen (which includes presence information), and the conversation screen for the FirstNet PTT mobile client. The interface may vary by device. Lega�� Notices Contacts Tab Conversation View ©2021 AT&T Intellectual Property. All rights reserved. AT&T, the Globe logo, and other marks are trademarks and service marks of AT&T Intellectual Property. All other marks are the 357 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response property of their respective owners. The information contained herein is not an offer, commitment, representation, or warranty by AT&T and is subject to change. The contents of this document are proprietary and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. 358 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response * Determine FN -PTT usage requirements via customer call Set-up FN -PTT Admin Tool o Assign PTT licenses ca Create Sub -Agencies Create Talk Groups Configuration review with customer FN -PTT Admin Tool Admin(s) via web conference Standard Service tiers Supports standard and radio client Uls Determine EPTT usage requirements via customer call • Set-up CAT c -a Create User Sets a Set up device client UI type * Create Talk Groups * Set-up supervisor overrides • Configuration review with customer CAT Admin(s) via web conference Advanced Package Tier Set up Emergency Service user profiles Basic Service Tier Determine WDS usage requirements via customer call Set-up WDS Assist with WDS license generation from CAT Load contacts & talk groups into WDS c:> Create Talk Groups (:) Configuration review with customer WDS Dispatchers via web conference Enhanced Service Tier • Set- up monitoring/ scanning • Set-up talk -group permissions 359 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response EPTT Agreement ID Migration * Export all CAT configuration data prior to migration c-, Talk -groups o User sets o User profiles * [Account team / FirstNet Onboarding Managers coordinate migration with PTT -CAST] * PTT -CAST verifies all data successfully migrated to new CAT under new Agreement ID ca If not, PTT -CAST will correct or re -build the new CAT as needed * The PTT -CAST team will create up to three cross -FAN (i.e., FN inter -agency) talk groups at no charge * * requires an established CAT Connect ®talk -groups * FN-PTT—The PTT -CAST team will assign an available license to Gateway * FN-PTT/EPTT—The PTT -CAST team will connect LMR channels to talk groups" ** requires an established Admin Tool/CAT * The PTT -CAST team provides pre -scheduled, online, instructor -led training for: n FirstNet PTT Admin Tool c) EPTT Corporate Admin Tool (CAT) - Standard & Advanced Packages EPTT Web Dispatch Solution (WDS) —all tiers * Courses are conducted in a generic tool environment via WebEx * WebEx sessions are for existing customers and new/potential customers * The PTT Admin Training Registration form contains the course dates/times O Note: The form must be submitted from an AT&T email address Account team members and one FirstNet Partner contact are welcome to attend their customer's session All customers are automatically enrolled in Customer Support at no cost. The Customer Support team supports ALL subscribers with ALL FirstNet inquiries; including billing, ordering & technical support. 360 Contract No. DMS -19/20-006A Attachment B, Exhibit 1 - Public Safety Additional Response • One number for all inquiries (800.574.7000), with chat & offline support via FirstNet Central • Tenured agents with years of experience supporting public safety entities • 100% based in the United States Helpdesk Support* Deployable Support Advanced Technical Support option for customers with an internal helpdesk; supporting Network, Uplift, Advanced Solutions, Distributed Antenna Systems, Internet of Things and more 800.574.7000 Deployable support, fielding requests for deployables needed in support of events and in emergency response situations 800.574.7000 is a voice automated solution leveraging natural language. When calling, simply state what you are calling about when asked, "How can I help you?" Customers can also reach Customer Support by dialing 611 from their FirstNet phone; if you are not calling from a FirstNet phone, simply say "FirstNet". Outside Domestic US, call 469-675-7700. Hours of Operation * Technical Support c;> Available 24/7/365 * Billing and Ordering (-) M -F, 8 AM to 8:30 PM ET n Sat, 10AM to 913M ET ) Sun, 11AM to 8PM ET 361 r m sir ul i1�r L7 SIJ70 aJ °, 00 00 "Z wo LL u Ul rrC;J ur t1% q 0 (6 0- W, a� Q O J N 9.0 O 04M Fo 2 U- . : .L •: U o — Z c a� U CU L +J U M 0 y UQ N tC M Hill F Qd O bA O O bA O bA O bA U U y U U ca U U U cd cC cd 'd 7C -d y U y 0 0 kr) kn 0 V) C v O C) )ca Yy m U Vl •O U U 'O > 0 N y U if f �H tj oN ° -0 o3 cn- 0 0 a, bn cz cz i DO b�A v, O Y C� II II 0 (6 0- W, a� Q O J N 9.0 O 04M Fo 2 U- . : .L •: U o — Z c a� U CU L +J U M 0 y UQ N tC M '3 U C" Uj O — ct O U ct U 0 N U ~ Cl) C5 N O y CC r U o r. O 3 O� In N N Q cj I.Cl, 1- `EZ U C) O 0 U ¢, �'' n U N ¢ N O i O U a y U U t+ sy V1 N. 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C/) 'O N Ov O O p n N 'C , V O p O 'C •.� CmluH�A1O�Q.H O O O o r-� N O� o U OO^ "C z^//~�� U 'C �y �O -/�� "C O 0. cC U v O Oy O a/ O � 2 -) y o y o v as C C A=U "C d '"C U z�' N U M cd M cd m bio 0 71 o > �a o o �yy ct y y y U O O V O O CA C/) C/� 'C cn N 'C tb U fir" Q � v O N N V N Q N <0 J O N C 04U O M ) Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing JL a& Mobile Communication Services (MCS) SUNCOM Contract No.: DMS -19/20-006 End User Price List (EUPL) -°" DETAILED PRODUCT DESCRIPTION VOICE (PER MINUTE) RATE PLAN SOC CODE CONTRACT PRICE 4.00 Nationwide Rate with 500 Mobile -to - (Flat Rate) Per Minute Voice Plan ODNNO0360 Mobile minutes and 500 Nights & Weekend minutes with 4.00 Overage Example: (Flat Rate) Per Minute Voice Plan (4.00 Nationwide Rate with 500 Mobile -to -Mobile minutes and 500 Nights & Weekend minutes with $0.04 Overage) plus MSG3 (Unlimited Messages (SMS/MMS)) for $5.15 = $5.15/month plus any per minute voice charges. Government Nation Flat Rate Voice Plan AT&T Government Nation Flat Rate lets you pay by the minute with a flat per -minute rate on calls made or received anywhere on the AT&T network. And, you can take advantage of our national network with no roaming charges. Available only to Government customers with a qualified wireless Government agreement from AT&T ("Government Agreement") and their respective Corporate Responsibility Users ("CRUs"). Flat Rate Plans are only available to customers' CRUs whose principal residence or principal Government office is within an eligible AT&T Wireless network area that has been fully integrated and has the system capacity to support Flat Rate Plans. Minute Increment Billing and Usage Airtime and other measured usage are billed in full -minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. AT&T charges a full -minute increment of usage for every fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Unanswered outgoing calls of 30 seconds or longer will incur airtime. Mobile to Mobile Minutes If applicable to your plan, Mobile to Mobile Minutes may be used when directly dialing or receiving calls from any other AT&T wireless phone number from within your calling area. Mobile to Mobile Minutes may not be used for interconnection to other networks. Calls to AT&T voicemail and return calls from voicemail are not included. Nights and Weekends Nights are 9:00 p.m. to 6:00 a.m. Weekends are 9:00 p.m. Friday to 6:00 a.m. Monday (based on time of day at the cell site or switch providing your Service). Included long distance calls can be made from the 50 United States, Puerto Rico and U.S. Virgin Islands to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam and Northern Mariana Islands. Roaming charges do not apply when roaming within the Services area of land-based networks of the 50 United States, Puerto Rico and U.S. Virgin Islands. Additional charges apply to Services used outside the land borders of the U.S., Puerto Rico and U.S. Virgin Islands. Page 1 of 61 374 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing VOICE POOLED MINUTE PLANS SOC CODE CONTRACT PRICE $18.54, 25C/min over 100; unlimited Mobile -to -Mobile 100 Min Pooled Voice Plan (Nationwide) GOVP100 minutes, and 5000 Nights & Weekend minutes $20.60, 25C/min over 200; unlimited Mobile -to -Mobile 200 Min Pooled Voice Plan (Nationwide) GOVP200 minutes, and 5000 Nights & Weekend minutes $23.69, 25C/min over 300; unlimited Mobile -to -Mobile 300 Min Pooled Voice Plan (Nationwide) GOVP3000 minutes, and unlimited Nights & Weekend minutes $24.99, 25C/min over 400; unlimited Mobile -to -Mobile 400 Min Pooled Voice Plan (Nationwide) GOVP4000 minutes, and unlimited Nights & Weekend minutes $31.93, 25C/min over 500; unlimited Mobile -to -Mobile 500 Min Pooled Voice Plan (Nationwide) GOVP500 minutes, and unlimited Nights & Weekend minutes $32.99, 25C/min over 600; unlimited Mobile -to -Mobile 600 Min Pooled Voice Plan (Nationwide) GOVP600 minutes, and unlimited Nights & Weekend minutes $33.99, 25C/min over 700; unlimited Mobile -to -Mobile 700 Min Pooled Voice Plan (Nationwide) GOVP700 minutes, and unlimited Nights & Weekend minutes $39.14, 25C/min over 800; unlimited Mobile -to -Mobile 800 Min Pooled Voice Plan (Nationwide) GOVP800 minutes, and unlimited Nights & Weekend minutes $41.20, 25C/min over 900; unlimited Mobile -to -Mobile 900 Min Pooled Voice Plan (Nationwide) GOVP900 minutes, and unlimited Nights & Weekend minutes $45.32, 25C/min over 1000; unlimited Mobile -to -Mobile 1000 Min Pooled Voice Plan (Nationwide) GOVP1000 minutes, and unlimited Nights & Weekend minutes $131.84, 25C/min over 6000; unlimited Mobile -to -Mobile 6000 Min Pooled Voice Plan (Nationwide) GOVP6000 minutes, and unlimited Nights & Weekend minutes Government Voice Pooled Nation Plan Customer's Corporate Responsibility User's (CRU's) may activate service on the Government Voice Pooled Nation Plans described above ("Pooled Plans"). Government CRU's on a Pooled Plan aggregate, or "pool", their Anytime Minutes in a single account (a "Pool"). Every billing cycle, each CRU first uses his or her Anytime Minutes. If a CRU does not use all his or her Anytime Minutes, it creates an underage in the amount of unused Anytime Minutes ("Under Minutes"). If a CRU uses more than his or her Anytime Minutes, it creates an overage with respect to Anytime Minutes ("Over Minutes"). The Pool's Under Minutes and Over Minutes are then aggregated respectively and compared. If the aggregate Under Minutes exceeds the aggregate Over Minutes, then no CRU in the Pool pays Additional Minute charges. If the aggregate Over Minutes exceeds the aggregate Under Minutes, then the ratio of Under Minutes to Over Minutes is applied to the Anytime Minutes of each CRU in the Pool with Overage Minutes, resulting in a monetary credit against the corresponding Additional Minute charges. For example, if a Pool has 900 Under Minutes and 1000 Page 2 of 61 375 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Over Minutes (90%), then each CRU with Over Minutes will receive a credit equal to 90% of his or her Additional Minute charges. CRUs changing price points or migrating to Pooled Plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Pool; however, an individual CRU can only be in one Pool at a time. AT&T reserves the right to limit the number of CRUs in a Pool due to Government needs and system limitations. CRUS on Pooled Plans and end users on prior versions of AT&T's wireless pooled plans, including but not limited to Government National Pooled Plans and Government Local Pooled Plans, cannot be in the same Pool. End users on non -pooling wireless plans from AT&T may be included in the same account as CRUs on the Pooled Plans; however, these non -pooling end users will not receive the pooling benefits or contribute Anytime Minutes to the Pool. Mobile -to -Mobile Minutes, Night & Weekend Minutes and/or any other promotional minutes are not included in a Pool. Nights and Weekend Minutes and Mobile to Mobile Minutes cannot be pooled. When your entire pool of minutes has been retired, additional minutes inside the AT&T Government Pooled Nation plan National Service Area is $0.2S each. Call -forwarded minutes are charged at the additional airtime per -minute rate of the rate plan. Consolidated invoicing required. Page 3 of 61 376 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing UNLIMITED VOICE PLAN I SOC CODE I CONTRACT PRICE Unlimited Voice Plan (Nationwide) I BN7NMOA60 1 $49.99 Unlimited Voice Services Unlimited voice Services are provided primarily for live dialog between two individuals. If your use of unlimited voice Services for conference calling or call forwarding exceeds 750 minutes per month, AT&T may, at its option, terminate your Service or change your plan to one with no unlimited usage components. Unlimited voice Services may not be used for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which don't consist of uninterrupted live dialog between two individuals. If AT&T finds that you're using an unlimited voice Service offering for other than live dialog between two individuals, AT&T may, at its option terminate your Service or change your plan to one with no unlimited usage components. AT&T will provide notice that it intends to take any of the above actions, and you may terminate the CRU's service. Page 4 of 61 377 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing PER MEGABYTE; DATA PLAN I SOC CODE CONTRACT PRICE Per MB; Data MPPU Allowed on feature phone only ($0.00 MRC, $2.00/MB overage) Pay Per Use Data Plan Provides Pay -Per -Use (PPU) data. PPU plan is auto -attached to all activations. Mobile Web Data Packages are Bolt -On features for handset browsing and CANNOT be used on BlackBerry, Phone, LaptopConnect, or Smartphone devices Note: Data Pay Per Use is available. However, customers should be discouraged from using PPU with these equipment types due to potential high usage charges. These plans should NOT be used for Tethering customers. Customers may be removed from these plans if improper usage is determined. These plans do NOT include International Roaming! Connect to the mobile web, email, search applications and more. Customer must have a voice plan provisioned. Feature(s) must be added on a per line basis. Page 5 of 61 378 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing SMARTPHONE HOTSPOT/TETHERING DATA SOC CODES CONTRACT PRICE PLANS 5GB Hotspot/Tethering Pooled Data Plan (Does Not Include Messaging) MSG3 (Unlimited BDPP50, BDPSML50, BDPBB50E, $32.96, $0.015 per MB over 5GB (Pooled) Messaging) may be added BDPBL50E, BDPIP50E, BDPIPS50E depending on the voice plan selected Example: GOVP3000 ($23.69, 25C/min over 300; unlimited Mobile -to -Mobile minutes, and unlimited Mobile -to - Mobile minutes) plus BDPIP50E ($32.96, $0.015 per MB over 5GB (Pooled)) = $56.65/month. If you need unlimited messaging, you add the MSG3 (Unlimited Messages (SMS/MMS)) for $0.00 = $56.65/month. Government Data Pooled Nation Plan Make managing your mobile workforce easier than ever. Pooled wireless data access is a simple and economical way to share data among Corporate Responsibility Users (CRUS). Workers use the data they need. Light users and heavy users can help balance each other out. It's a smart way to help control costs. Within a single Billing Account Number ("BAN"), CRUs activated on separate Government Pooled Nation for Data Plans are combined to create a "Data Pool." Every billing cycle, each CRU first uses his or her plans included domestic data usage ("Included Usage"). If a CRU does not use all his or her Included Usage, it creates an underage in the amount of the unused KB of data usage ("Under Usage"). If a CRU uses more than his or her Included Usage, it creates an overage in the amount of the excess KB of data usage ("Over Usage"). The Data Pools Under Usage amounts for each CRU and Over Usage amounts for each CRU are then aggregated respectively and the totals are compared. If the aggregate Under Usage amount exceeds the aggregate Over Usage amount, then the difference is allocated among each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice equal to the amount of each such CRU's additional data usage charges. Any excess Under Usage will be forfeited. If the aggregate Over Usage amount exceeds the aggregate Under Usage amount, then the ratio of Under Usage to Over Usage is applied equally to the data usage of each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice against each such CRU's corresponding additional data usage charges to partially offset such charges. For example, if a Data Pool has 900 Under Usage KB and 1000 Over Usage KB (which means a ratio of 90%), then each CRU with Over Usage will receive a bill credit equal to 90% of his or her additional data usage charges. CRUS changing price points or migrating Government Pooled Nation for Data plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Data Pool within a Foundation Account Number; however, CRUS in one Data Pool cannot take advantage of another Data Pools Under Usage, and each CRU can only participate in one Data Pool at a time. AT&T reserves the right to limit the number of CRUS in a Data Pool due to Government needs and system limitations. CRUs on non - pooling AT&T plans may be included in the same BAN as CRUS on Government Pooled Nation for Data Plans; however, these non -pooling CRUS will not receive the pooling benefits or contribute Included Usage to other CRUS in a Data Pool. Additional terms and conditions apply — for details, see your company's Government Agreement, including without limitation, the "Enterprise Customers: Additional Service and Equipment Related Terms" found at www.att.com/abs-addtl-terms. Wi-Fi: Wi-Fi enabled device required. Wi-Fi access includes AT&T Wi-Fi Basic. Other restrictions apply. See attwifi.com for details and locations. International roaming not included. Page 6 of 61 379 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Data Plans with Tethering Tethering is a wireless or wired method in which your AT&T mobile device is used as a modem or router to provide a Internet Access connection to other devices, such as laptops, netbooks, tablets, Smartphones, other phones, USB modems, network routers, mobile hotspots, media players, gaming consoles, and other data -capable devices. AT&T data plans with tethering enabled may be used for tethering your AT&T Mobile device to other devices. If you are on a data plan that does not include a monthly megabyte allowance and additional data usage rates, you agree that AT&T has the right to impose additional charges if you use more than 5 GB in a month; prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your Service (early termination charges may apply). Page 7 of 61 380 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing UNLIMITED SMARTPHONE DATA PLANS Unlimited Data Plan (Includes Unlimited Messaging) Unlimited Data Plan (Does Not Include Unlimited Messaging) SOC CODES RLTEEMBI, RLTEEMB2, RHSEMBI, RHSEMB2, RGOVEJBS, RLTEMBIVG, RLTEMB1G, RLTBEMBIV, RLTBEMBIG RLTESMTE2, RLTETBW7, RGOVEJNI, LTETBW7V, LTETBW7, RLTTBW7VG, RLTTBW7G, LTBTBW7, RLTBTBW7G, LTBTBW7V, RLTETBW7, LTBTBW7SV, LTBTBWS7 CONTRACT PRICE $23.69 $23.69 Example: GOVP30OU ($23.69, 25t/min over 300; unlimited Mobile -to -Mobile minutes, and unlimited Mobile -to - Mobile minutes) plus RLTEEMBI ($23.69, Unlimited Data Plan with Unlimited Messaging) _ $47.38/month. Intended Uses Of AT&T's Wireless Data Service AT&T's wireless data network is a shared resource, which AT&T manages for the benefit of all of its customers so that they can enjoy a consistent, high-quality mobile broadband experience and a broad range of mobile Internet services, applications and content. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of AT&T's wireless data service are permitted and others are prohibited. The terms and conditions of your use of AT&T's wireless data service are set forth below Permitted Activities. AT&T's wireless data services are intended to be used for the following permitted activities: (i) web browsing; (ii) email; and (iii) intranet access if permitted by your rate plan (for example, access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation); (d) uploading and downloading applications and content to and from the Internet or third -party application stores, and I using applications and content without excessively contributing to network congestion. You agree to use AT&T's wireless data services only for these permitted activities Prohibited Activities: AT&T's wireless data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers' access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, I adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose, or (j) there is a specific data plan required for a particular use and you have not subscribed to that plan. The following specific uses of AT&T's wireless data service are prohibited • AT&T's wireless data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of AT&T's wireless network or systems, or another entity's network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use either AT&T's wireless services or other parties' Internet -based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk e-mail). Page 8 of 61 381 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing • AT&T's wireless data services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained and continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine -to -machine connections; "autoresponders," "cancel -bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (13213) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions, unless they adhere to AT&T data retry requirements (as may be modified from time to time). • AT&T's wireless data services also may not be used with high bandwidth applications, services and content that is not optimized to work with AT&T's wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices, unless they meet AT&T's wireless data services optimization requirements. You agree not to use AT&T's wireless data services for any of these prohibited activities. AT&T's Rights to Ensure Compliance. You agree that AT&T has the right to take any and all actions necessary to enforce this Section 4.2 if you use AT&T's wireless data services in any manner that is prohibited, including, but not limited to, the following actions: • AT&T may modify, without advance notice, the permitted and prohibited activities, and the optimization requirements for your wireless data services; • AT&T may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; • AT&T may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any billing cycle. AT&T will provide you with advance notice of the usage threshold applicable to your data plan, or any changes to the applicable usage threshold either by a bill insert, email, text message or other appropriate means; • AT&T may use reasonable methods to monitor and collect customer usage information to better optimize the operation of the network. Details concerning the information that AT&T collects about its customers, and how it uses and protects that information are addressed in the AT&T Privacy Policy (see att.com/privacy); • If you are an AT&T unlimited data plan customer, AT&T may migrate you from the unlimited data plan to a tiered data plan and bill you the appropriate monthly fees. We will provide you with notice of this change at least one billing cycle in advance either by a bill insert, email, text message, or other appropriate means; • AT&T may interrupt, suspend, cancel, or terminate your wireless data services without advance notice. Unlimited Data Customers If you are a grandfathered AT&T unlimited plan data service customer, you agree that "unlimited" means you pay a fixed monthly charge for wireless data service regardless of how much data you use. You further agree that "unlimited" does not mean that you can use AT&T's wireless data service in any way that you choose or for any prohibited activities, and that if you use your unlimited data plan in any manner that is prohibited, AT&T can limit, restrict, suspend or terminate your data service or switch you to a tiered data plan. Page 9 of 61 382 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing ALL INCLUSIVE PLANS CONTRACT UNLIMITED VOICE PLAN BUNDLES SOC CODE COMBINATION PRICE BN7NMOA60 PLUS ONE OF THE FOLLOWING: RLTESMTE2, RLTETBW7, RGOVEJNI, LTETBW7V, Unlimited Voice and Unlimited Data LTETBW7, RLTTBW7VG, RLTTBW7G, LTBTBW7, $49.99 RLTBTBW7G, LTBTBW7V, RLTETBW7, LTBTBW7SV, LTBTBWS7 BN7NMOA60 PLUS ONE OF THE FOLLOWING: Unlimited Voice, Unlimited Data, and Unlimited RLTEEMBI, RLTEEMB2, RHSEMBI, RHSEMB2, $49.99 Messaging RGOVEJ65, RLTEMBIVG, RLTEMBIG, RLTBEMBIV, RLTBEMBIG Unlimited Voice and 5GB Pooled BN7NMOA60 PLUS ONE OF THE FOLLOWING: Hotspot/Tethering Data BDPP50, BDPSML50, BDPBB50E, BDPBL50E, $49.99 BDPIP50E, BDPIPS50E Unlimited Voice, 5GB Pooled Hotspot/Tethering BN7NMOA60 PLUS ONE OF THE FOLLOWING: Data, and Unlimited Messaging BDPP50, BDPSML50, BDPBB50E, BDPBL50E, $49.99 BDPIP50E, BDPIPS50E PLUS MSG3 BN7NMOA60 PLUS ONE OF THE FOLLOWING: Unlimited Voice and Unlimited Hotspot/Tethering GSA3IUNAT, GSA3IUNVT, GSALBUNVT, GSALBUNTE, $59.99 Data GSABBUNVT, GSABBUNTE, GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV BN7NMOA60 PLUS ONE OF THE FOLLOWING: Unlimited Voice, Unlimited Hotspot/Tethering GSA3IUNAT, GSA3IUNVT, GSALBUNVT, GSALBUNTE, Data, and Unlimited Messaging GSABBUNVT, GSABBUNTE, GSA4IUNAT, GSA4IUNVT, $59.99 GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 Page 10 of 61 383 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing ALL INCLUSIVE PLANS CONTINUED VOICE POOLED MINUTE PLAN UNLIMITED SOC CODE COMBINATION CONTRACT HOTSPOT/TETHERING BUNDLES PRICE 100 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP100 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 100; Unlimited Mobile -to -Mobile minutes, and 5000 GSA3IUNVT, GSALBUNVT, Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $52.23 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 100 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP100 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 100; Unlimited Mobile -to -Mobile minutes, and 5000 GSA3IUNVT, GSALBUNVT, Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNTE, , $52.23 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT,GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 200 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP200 PLUS ONE OF THE FOLLOWING: 200; Unlimited Mobile -to -Mobile minutesand 5000 GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Nights &Weekend minutes and Unlimited, GSALBUNTE, GSABBUNVT, GSABBUNTE, $54.29 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 200 Min Pooled Voice Plan (Nationwide) 25C over GOVP200 PLUS ONE OF THE FOLLOWING:/min 200; Unlimited Mobile -to -Mobile minutes, and 5000 GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $54.29 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 300 Min Pooled Voice Plan (Nationwide) 25(. min over GOVP3000 PLUS ONE OF THE FOLLOWING: 300; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSABBUNVT, GSABBUNTE, GSALBUNTE,GSA4IUNVT, $57.38 Hotspot/Tethering Data only GSA4IUNAT, GSASPUNAT, GSALUNLTE, GSALUNTEV 300 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP3000 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 300; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $57.38 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 400 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP4000 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 400; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $58.68 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 400 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP4000 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 400; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, $58.68 GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 500 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP500 PLUS ONE OF THE FOLLOWING: $65.62 500; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Page 11 of 61 384 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 500 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP500 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 500; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $65.62 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 600 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP600 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 600; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $66.68 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 600 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP600 PLUS ONE OF THE FOLLOWING: 600; Unlimited Mobile -to -Mobile minutes, and 5 GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $66.68 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT,GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 700 Min Pooled Voice Plan (Nationwide) 25C over GOVP700 PLUS ONE OF THE FOLLOWING:/min 700; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $67.68 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 700 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP700 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 700; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $67.68 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 800 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP800 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 800; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $72.83 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 800 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP800 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 800; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $72.83 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 900 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP900 PLUS ONE OF THE FOLLOWING: 900; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, $74.89 GSALUNLTE, GSALUNTEV 900 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP900 PLUS ONE OF THE FOLLOWING: $74.89 900; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Page 12 of 61 385 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 1000 Min Pooled Voice Plan (Nationwide) 25C/min GOVP1000 PLUS ONE OF THE FOLLOWING:GSA3IUNAT, over 1000; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNTE, , $79.01 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 1000 Min Pooled Voice Plan (Nationwide) 25C/min GOVP1000 PLUS ONE OF THE FOLLOWING:GSA3IUNAT, over 1000; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $79.01 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 Example: GOVP30OU (25C/min over 300; unlimited Mobile -to -Mobile minutes, and unlimited Mobile -to -Mobile minutes) plus GSA3IUNAT (Unlimited Hotspot/Tethering Data) plus RGOVMSG3 (Unlimited Messages (SMS/MMS)) _ $57.38/month. *STANDALONE SMARTPHONE UNLIMITED HOTSPOT/TETHERING DATA PLAN WITH SOC CODE CONTRACT NATIONWIDE FLAT RATE VOICE PLAN BUNDLE PRICE Page 13 of 61 386 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Unlimited Hotspot/Tethering Data Plan for ODNN0007 PLUS ONE OF THE FOLLOWING: $35.99/month when bundled with our Nationwide Flat Rate Voice Plan at $0.05/minute with Unlimited GSA3IUNAT, GSA3IUNVT, GSALBUNVT, $35.99 and Mobile to Mobile and Unlimited Nights and Weekends GSALBUNTE, GSABBUNVT, GSABBUNTE, 5.00/Minute Note: Unlimited Messaging (SMS/MMS) code GSA4IUNAT, GSA4IUNVT, GSASPUNAT, RGOVMSG3 may be added for no additional charge GSALUNLTE, GSALUNTEV Government Nation Flat Rate Voice Plan AT&T Government Nation Flat Rate lets you pay by the minute with a flat per -minute rate on calls made or received anywhere on the AT&T network. And, you can take advantage of our national network with no roaming charges. Available only to Government customers with a qualified wireless Government agreement from AT&T ("Government Agreement") and their respective Corporate Responsibility Users ("CRUs"). Flat Rate Plans are only available to customers' CRUS whose principal residence or principal Government office is within an eligible AT&T Wireless network area that has been fully integrated and has the system capacity to support Flat Rate Plans. Minute Increment Billing and Usage Airtime and other measured usage are billed in full -minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. AT&T charges a full -minute increment of usage for every fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Unanswered outgoing calls of 30 seconds or longer will incur airtime. Mobile To Mobile Minutes If applicable to your plan, Mobile to Mobile Minutes may be used when directly dialing or receiving calls from any other AT&T wireless phone number from within your calling area. Mobile to Mobile Minutes may not be used for interconnection to other networks. Calls to AT&T voicemail and return calls from voicemail are not included. Nights and Weekends Nights are 9:00 p.m. to 6:00 a.m. Weekends are 9:00 p.m. Friday to 6:00 a.m. Monday (based on time of day at the cell site or switch providing your Service). Included long distance calls can be made from the 50 United States, Puerto Rico and U.S. Virgin Islands to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam and Northern Mariana Islands. Roaming charges do not apply when roaming within the Services area of land-based networks of the 50 United States, Puerto Rico and U.S. Virgin Islands. Additional charges apply to Services used outside the land borders of the U.S., Puerto Rico and U.S. Virgin Islands. AT&T Data Plans with Tethering Tethering is a wireless or wired method in which your AT&T mobile device is used as a modem or router to provide a Internet Access connection to other devices, such as laptops, netbooks, tablets, Smartphones, other phones, USB modems, network routers, mobile hotspots, media players, gaming consoles, and other data -capable devices. AT&T data plans with tethering enabled may be used for tethering your AT&T Mobile device to other devices. If you are on a data plan that does not include a monthly megabyte allowance and additional data usage rates, you agree that AT&T has the right to impose additional charges if you use more than 5 GB in a month; prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your Service (early termination charges may apply). TABLETS, MI -FI, NETBOOKS, SOC CODES CONTRACT PRICE AIRCARDS DATA PLANS Page 14 of 61 387 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing 5GB Cross Device Pooling: Tablets, BDPDC50, BDPDCL50, BDPPAD50, Mi-Fi, Netbooks, and Aircards BDPPDL50 $33.99, $0.015 per MB over 5GB (Pooled) Government Data Pooled Nation Plan Make managing your mobile workforce easier than ever. Pooled wireless data access is a simple and economical way to share data among Corporate Responsibility Users (CRUS). Workers use the data they need. Light users and heavy users can help balance each other out. It's a smart way to help control costs. Within a single Billing Account Number ("BAN"), CRUs activated on separate Government Pooled Nation for Data Plans are combined to create a "Data Pool." Every billing cycle, each CRU first uses his or her plans included domestic data usage ("Included Usage"). If a CRU does not use all his or her Included Usage, it creates an underage in the amount of the unused KB of data usage ("Under Usage"). If a CRU uses more than his or her Included Usage, it creates an overage in the amount of the excess KB of data usage ("Over Usage"). The Data Pools Under Usage amounts for each CRU and Over Usage amounts for each CRU are then aggregated respectively and the totals are compared. If the aggregate Under Usage amount exceeds the aggregate Over Usage amount, then the difference is allocated among each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice equal to the amount of each such CRU's additional data usage charges. Any excess Under Usage will be forfeited. If the aggregate Over Usage amount exceeds the aggregate Under Usage amount, then the ratio of Under Usage to Over Usage is applied equally to the data usage of each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice against each such CRU's corresponding additional data usage charges to partially offset such charges. For example, if a Data Pool has 900 Under Usage KB and 1000 Over Usage KB (which means a ratio of 90%), then each CRU with Over Usage will receive a bill credit equal to 90% of his or her additional data usage charges. CRUs changing price points or migrating Government Pooled Nation for Data plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Data Pool within a Foundation Account Number; however, CRUs in one Data Pool cannot take advantage of another Data Pools Under Usage, and each CRU can only participate in one Data Pool at a time. AT&T reserves the right to limit the number of CRUs in a Data Pool due to Government needs and system limitations. CRUs on non -pooling AT&T plans may be included in the same BAN as CRUs on Government Pooled Nation for Data Plans; however, these non -pooling CRUs will not receive the pooling benefits or contribute Included Usage to other CRUs in a Data Pool. Additional terms and conditions apply — for details, see your company's Government Agreement, including without limitation, the "Enterprise Customers: Additional Service and Equipment Related Terms" found at www.att.com/abs-addtl-terms. Wi-Fi: Wi-Fi enabled device required. Wi-Fi access includes AT&T Wi-Fi Basic. Other restrictions apply. See attwifi.com for details and locations. International roaming not included. Page 15 of 61 388 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing UNLIMITED DATA CONNECT PLAN SOC CODES CONTRACT PRICE LTEDDUG, DDUG, PADUNGOV, Unlimited Data Connect LTEPDUNGV, LTETBUNGV, $34.99 TABUNGOV Data Connect and Laptop Connect plans These plans provide for unlimited data usage for 3G and 4G/LTE capable Netbooks, Notebooks, Laptops, and USB devices. Plan provides unlimited domestic data. Voice calling is Pay -Per -Use (PPU). In -Network and Out -of -Network rates apply. Page 16 of 61 389 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing UNLIMITED DATA CONNECT PLAN SOC CODES CONTRACT PRICE (Continued) Unlimited LTE Hotspot/Tethering GOVPADUN $34.99 Data Plan for the Apple iPad Data Connect and Laptop Connect plans This plan provides for unlimited data usage for LTE capable Apple iPad devices. Plan provides unlimited domestic data and unlimited mobile hotspot. Voice calling is Pay -Per -Use (PPU). In -Network and Out -of -Network rates apply. Page 17 of 61 390 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing TELEMETRY DATA PLANS SOC CODES CONTRACT PRICE 1 MB Pooled Plan PTCJ, PCTJ $4.00 2 MB Pooled Plan PCTK, PTCK $4.50 3 MB Pooled Plan PTCL, PCTL $5.00 4 MB Pooled Plan PTCM, PCTM $5.50 5 MB Pooled Plan PTCN, PCTN $6.00 10 MB Pooled Plan PTCI, PCTI $8.50 20 MB Telemetry WWC5, WWC6 $10.00 50 MB Business Connect Plans CCPSB14L $12.00 250 MB LTE Business Connect CCS CCPSAIIL $14.99 Pooled Standalone 1000 MB LTE Business Connect CCS CCPSA12L $24.99 Pooled Stand Alone 5000 MB LTE Business Connect CCS CCPSA13L $33.99 Pooled Stand Alone (Telemetry Data) Government Connect Plans Are intended for use with machine -to -machine and/or Wireless Wide Area Network (WWAN) applications and not for support of individual remote or mobile workers using a laptop or PDA. For plans designed for laptop and PDA customers, see DataConnect rate plan brochure. AT&T also imposes the following charges: a Federal telecom regulation gross receipts surcharge and State and Federal Universal Service charges. ELIGIBILITY: Valid eligible Government or government agreement for wireless service required. Government Connect plans are restricted to corporate responsibility end users ("Corporate Responsibility Users" or "CRUS"). Individual responsibility end users (a.k.a. "Sponsorship Employees") may not activate lines under Government Connect plans. Government customer and CRU service address(es) must be within an AT&T -owned wireless network coverage area. Fixed wireless deployments must be installed within an AT&T -owned wireless network coverage area. Ask your AT&T account representative for address verification. Government Connect plans only work with select equipment, features, billing services and service offerings. VOICE CALLING: Voice calling is restricted on the 1MB, 5MB, and 10MB plans. For primary and back0up plans with a voice -capable device, voice calls are $0.40 per minute on AT&T's wireless network and $0.69 per minute for domestic roaming voice calls off AT&T's wireless network. See AT&T Nation° Rate Plan map for voice coverage area. If desired, subscribers may request voice blocking on any rate plan at no additional cost. MESSAGING: The default rate is $0.20/message for Text/Instant Messages and $0.30/message for Picture/Video Messages. Charges for international messages from the U.S. are $0.20/message for Text Messages and $0.50/message for Picture/Video Messages. Additional charges for premium content apply. MISCELLANEOUS: AT&T strongly encourages the use of compatible customer -provided and/or third -party security solutions, such as virtual private networks (VPNs). Additional eligibility, billing, usage and other restrictions and terms apply. See General Terms and Conditions and applicable Additional Terms that follow. I. GENERAL TERMS AND CONDITIONS APPLICABLE TO AT&T'S GOVERNMENT CONNECT WIRELESS DATA SERVICES, INCLUDING BUT NOT LIMITED TO, FEATURES THAT MAY BE USED WITH SUCH WIRELESS DATA SERVICES AND WIRELESS CONTENT. AT&T provides wireless data services, including but not limited to, features that may be used with wireless data services and wireless content ("Services"). The absolute capacity of the wireless data network is limited. Accordingly, service is only provided for circumscribed purposes and pricing for Data Services is device dependent, based on the transmit and receive capacity of each device. A pricing plan designated for one type of Page 18 of 61 391 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing device may not be used with another device. These Services may be subject to credit approval and may only be available when combined with certain voice rate plans. Compatible data -enabled wireless device required. Usage/Billing: Usage and monthly fees will be charged as specified in your plan. DATA TRANSPORT IS BILLED IN FULL - KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL -KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. AT&T CHARGES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. AIRTIME AND OTHER MEASURED USAGE ARE BILLED IN FULL -MINUTE INCREMENTS AND ROUNDED UP TO THE NEXT FULLMINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. Data sent and received includes, but is not limited to downloads, email, overhead and software update checks. Unless designated for International or Canada use, prices and included use apply to EDGE/GPRS and Broad bandConnect access and use on AT&T's wireless network and its partner wireless networks within the United States and its territories (Puerto Rico and the U.S. Virgin Islands), excluding areas within the Gulf of Mexico. Usage on networks not owned by AT&T is limited as provided in your data plan. Charges will be based on the location of the site receiving and transmitting service and not the location of the subscriber. Broad bandConnect access requires a compatible, eligible 3G device. Overage is billed by the kilobyte. Service charges paid in advance for monthly or annual Services are nonrefundable. Some Services may require an additional monthly subscription fee and/or be subject to additional charges and restrictions. See applicable rate plan materials for complete pricing and terms. Prices do not include taxes, directory assistance, roaming, universal services fees or other exactions and are subject to change. In order to assess your usage during an applicable billing period, you may obtain approximate usage information by calling customer service or using one of our automated systems. Voice: If you have a voice -capable device, unless you request voice blocking, select a data plan that restricts voice access or select a qualified voice plan, the default rate for voice calls on AT&T's wireless network are $0.40 per minute and $0.69 per minute for domestic roaming voice calls off AT&T's wireless network (rates are subject to change without notice). Additional taxes and surcharges may apply. See AT&T Nation® map at store or att.com/wireless for default wireless voice coverage area. If you request voice blocking or your selected data plan restricts voice access, all voice calling capabilities (except for outgoing calls from the device to 911 or 611) will be blocked, including without limitation, calls from 911 or 611 to the device. If you have a wireless voice plan, wireless voice calls are billed as provided in your wireless voice rate plan. Roaming: Roaming charges for wireless data or voice service may be charged with some plans when outside AT&T's wireless network. Display on your device will not indicate whether you will incur roaming charges. Services originated or received while outside your plan's included coverage area are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier's support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Billing for domestic and international roaming usage may be delayed up to three billing cycles due to reporting between carriers. You may be required to (1) use a device programmed with AT&T's preferred roaming database; and (2) have a mailing address and live in the United States, Puerto Rico or the U.S. Virgin Islands. International Roaming: See att.com/wireless international or dial 866.246.4852 for more information and for a list of currently available countries and carriers. Compatible international -capable device required. Certain countries and/or carriers within a roaming zone may be unavailable with certain plans or Services while roaming. Availability, quality of coverage and Services while roaming are not guaranteed. Rates apply to AT&T's wireless customers only. Certain tenure, billing and credit restrictions and additional charges may apply. Many devices including iPhone transmit and receive data messages without user intervention and can generate unexpected charges when taken out of the United States. Service Availability and Access/Coverage: AT&T does not guarantee availability of wireless network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between AT&T BroadbandConnect, EDGE and GRPS. AT&T Broad bandConnect only available in select markets. See coverage map(s), available at store or from your sales representative, for details. AT&T BroadbandConnect download Page 19 of 61 392 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing speeds only available on the AT&T Broad banclConnect network. Actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. Information/Content: Certain information or content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice. AT&T IS NOT A PUBLISHER OF THIRD -PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Third -party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies may differ among AT&T's content or service providers and you are bound by such policies when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content provider or service provider. Any information you involuntarily or voluntarily provide third parties is governed by their policies. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information or downloaded data is not guaranteed or warranted by AT&T or any content providers or other third party. Delays or omissions may occur. Neither AT&T nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service. You acknowledge that every Government or personal decision, to some degree or another, represents an assumption of risk, and that neither AT&T nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever. Prohibited and Permissible Uses: Except as may otherwise be specifically permitted or prohibited for select data plans, data sessions may be conducted only for Wireless Wide Area Network (WWAN) applications (e.g. machine -to -machine connections). While most common uses for Wireless Wide Area Network (WWAN) applications are permitted by your data plan, there are certain uses that cause extreme network capacity issues and interference with the network and are therefore prohibited. Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications; (ii) "auto - responders," "cancelbots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iii) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (iv) any activity that adversely affects the ability of other people or systems to use either AT&T's wireless services or other parties' Internet -based resources, including "denial of service" (DoS) attacks against another network host or individual user; (v) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AT&T's wireless network or another entity's network or systems; downloading movies using P2P file sharing services, redirecting television signals for viewing on Personal Computers, web broadcasting, and/ or for the operation of servers, is prohibited. Furthermore, plans (unless specifically designated for tethering usage) cannot be used for any applications that tether the device (through use of, including without limitation, connection kits, other phone/PDA-to-computer accessories, Bluetooth° or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose. Accordingly, AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. You may not send solicitations to AT&T's wireless subscribers without their consent. You may not use the Services other than as intended by AT&T and applicable law. Plans are for individual, non-commercial use only and are not for resale. AT&T may, but is not required to, monitor your compliance, or the compliance of other subscribers, with AT&T's terms, conditions, or policies. Security: AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services sold by AT&T. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures. Changes to the terms and conditions: These terms and conditions may be changed from time to time. AT&T will post the most current version of these terms and conditions at Page 20 of 61 393 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing https://www.wireless.att.com/businesscenter/en US/pdf/legal/large-business-GTCs-061619.pdf or other appropriate location. Please check these regularly to inform yourself about changes to the terms and conditions. Access Requirements: Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third -party products and/or services, which are subject to any applicable third -party terms and conditions and may require separate purchase from and/or agreement with the third - party provider. AT&T is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible. Miscellaneous: Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. AT&T is not responsible for loss or disclosure of any sensitive information you transmit. AT&T's wireless services are not equivalent to landline Internet. AT&T is not responsible for nonproprietary services or their effects on devices. If applicable, use of Desktop Toolbar requires compatible home computer products. AT&T RESERVES THE RIGHT TO TERMINATE YOUR SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS SERVICE AGREEMENT. Caller ID blocking is not available when using the Services, and your wireless number is transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per -message charge may apply whether the message is read or unread, solicited or unsolicited. Additional Terms: See below for additional terms relating to specific Services and rate plans. In addition, all use of AT&T's wireless network and the Services is governed by AT&T's Acceptable Use Policy, which can be found at att.com/Acceptable Use Policy, as determined solely by AT&T. AT&T can revise its Acceptable Use Policy at any time without notice by updating this posting. Use of the Services is subject to Terms and Conditions of your Wireless Service Agreement. See Wireless Service Agreement, att.com/wireless or AT&T Customer Service for additional conditions, restrictions, privacy policy and information. Intellectual Property: All trademarks, service marks and trade names used on, or in connection with the Services are the property of their respective owners. You must respect the intellectual property rights of AT&T, our third -party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by AT&T or accessed through the AT&T's websites. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed or otherwise exploited, in whole or in part, without the permission of the owner. II. ADDITIONAL TERMS APPLICABLE TO GOVERNMENT CONNECT FOR SPECIFIC WIRELESS DATA SERVICES, TEXT, INSTANT MESSAGING AND PICTURE/VIDEO MESSAGING. Messages are limited to 160 characters per message. Premium text and picture/video messages are charged at their stated rates. Standard rates apply to all incoming messages when in the U.S. Different, non-standard per message charges apply to international messages sent from the U.S. Text, Instant, Picture, and Video messages are charged when sent or received, whether read or unread, solicited or unsolicited. AT&T does not guarantee delivery of messages. Text, Instant, Picture, and Video messages, including downloaded content, not delivered within 7 days will be deleted. AT&T reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. Picture/Video Messaging, data plan, and Text Messaging may need to be provisioned on an account in order to use Picture/ Video Messaging. Some elements of Picture/Video messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or e-mail. AT&T reserves the right to change the Picture/Video message size limit at any time without notification. Picture/Video Messaging pricing is for domestic messages only. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received. Text message notifications may be sent to non-Picture/Video Messaging subscribers if they subscribe to Text Messaging. Fixed wireless deployments: INSTALLATION MUST BE WITHIN AN AT&T -OWNED WIRELESS NETWORK COVERAGE AREA AND USAGE OF THE SERVICES ON OTHER CARRIERS' WIRELESS NETWORKS ("OFFNET USAGE") IS PROHIBITED. If your fixed wireless deployment incurs any off -net usage, AT&T may at its option terminate your wireless service or access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for off -net usage. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement. Mobile wireless deployments: If Page 21 of 61 394 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing your mobile wireless deployment Off -net Usage exceeds 10% of the kilobytes included with your plan during any two consecutive months, AT&T may at its option terminate your wireless service or access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for offnet usage. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement. Government Connect plans (excluding $29.99 plan): Consolidated billing is required. WIN Advantage' may also be required. AT&T will not provide Customer Care support on an individual subscriber basis, including without limitation, 611 calls from the device into the AT&T Customer Care support center. For Customer Care support, you must go through one designated contact, such as your telecom manager or system administrator, for all your CRUS under the plan. Pooling: Within a single Foundation Account (FAN), Customer's CRUS with pooling on an eligible Government Connect Plan ("Pooled Plan") aggregate or "pool" their included data usage ("Included Usage"), creating a "Pool." To pool together, each CRU in the Pool must subscribe to a Pooled Plan that has the same amount of Included Usage and the same Additional Kilobyte charge ("Similar Pooled Plan"). Every billing cycle, each CRU first uses his or her Included Usage. If a CRU does not use all his or her Included Usage it creates an underage in the amount of unused kilobytes ("Under Usage"). If a CRU uses more than his or her included usage it creates an overage with respect to kilobytes of data usage ("Over Usage"). The Pool's Under Usage kilobytes and Over Usage kilobytes are then aggregated respectively and compared. If the aggregate Under Usage kilobytes exceed the aggregate Over Usage kilobytes, then no CRU in the Pool pays Additional Kilobyte charges. If the aggregate Over Usage kilobytes exceed the aggregate Under Usage kilobytes, then the ratio of Under Usage kilobytes to Over Usage kilobytes is applied to the data usage of each CRU in the Pool with Overage Usage, resulting in a monetary credit against the corresponding Additional Kilobyte charges. For example, if a Pool has 900 Under Usage kilobytes and 1,000 Over Usage kilobytes (90%), then each CRU with Over Usage will receive a credit equal to 90% of his or her Additional Kilobyte charges. CRUs changing price points or migrating to Pooled Plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Pool within a FAN provided that Customer may only have one Pool for Similar Pooled Plans within a FAN; however, an individual CRU can only be in one Pool at a time. AT&T reserves the right to limit the number of CRUs in a Pool due to Government needs and system limitations. CRUS on Pooled Plans and CRUs participating in a legacy Telemetry connect plan pool created prior to February 17, 2006 ("Legacy Pool") cannot be in the same Pool but can be within the same FAN. End users on non -pooling AT&T plans may be included in the same FAN as CRUS on pooled plans; however, these non -pooling end users will not receive the pooling benefits or contribute Included Usage to a pool. Page 22 of 61 395 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing MESSAGING PLANS SOC CODE CONTRACT PRICE 200 Messages (SMS/MMS) RMSG1 $0.00, 10.00/message over 200 *Unlimited Messaging (SMS/MMS) SOC Code *(should be used when a Flat Rate Voice Plan, Pooled Voice Plan, or Unlimited Voice Plan is added to a feature phone or when a Flat Rate Voice Plan, MSG3 *$0.00/$5.15 Pooled Voice Plan, or Unlimited Voice Plan is added to a smartphone with a SGB Pooled Hotspot/Tethering Data Plan otherwise, it is $5.15) **Unlimited Messaging (SMS/MMS) SOC Code (Should be used when adding a pooled minute voice plan or unlimited voice plan to a smartphone RGOVMSG3 **$0.00/$5.15 Unlimited Hotspot/Tethering Data Plan otherwise, it is $5.15) Page 23 of 61 396 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing ENHANCED PUSH TO TALK PLANS (ePTT) SOC CODES CONTRACT PRICE Enhanced PTT Bolt -On with a Non -Flat Rate Plan ,EPTT05F, EPPT0505EP $3.00, Unlimited ePTT EPTT Enhanced PTT Bolt -On with a Flat Rate Plan EPTT1999, EPTT1999F $10.00, Unlimited ePTT Enhanced PTT Standalone Price Plan EPTT030, EPTTAPNLR $18.99, Unlimited ePTT only Enhanced PTT Integrated Dispatch Software EPTTDP, FNEPTTDPI,FNIDC $30, Per License Enhanced Push to Talk Plans AT&T Enhanced Push -to -Talk ("Enhanced PTT") is an IP -based end-to-end communications and applications platform that provides sub -second connections, advanced features that operate on a broad portfolio of compatible smartphone and rugged phone devices, and integration with various advanced mobility applications for use on the AT&T wireless data network and compatible Internet -connected networks. General Enhanced PTT subscribers can hold near -instant voice communications with individuals and groups of up to 250 designated users with compatible devices ("End Users") on AT&T's wireless data network and compatible Wi-Fi networks. Using the online Corporate Administrator Tool, subscribers can create lists of up to 1,000 contacts and view their contacts' availability in real time through the use of status indicators. In addition, supervisors can override PTT calls in order to communicate time -sensitive messages to their teams. Using the optional Integrated Dispatch feature, subscribers can view End Users' locations on a map and record PTT communications with the administrator's PC. Using the optional Interoperability Feature, EPTT users can communicate with Land Mobile Radio and other external PTT networks using additional equipment, services and/or software available from third -party providers. Enhanced Push to Talk Integrated Dispatch Software Integrated Dispatch allows a dispatcher to operate from a centralized corporate facility and manage the activities for a set of mobile Enhanced Push -to -Talk users (also called fleet members) working in the field. This enables an organization to effectively manage day to day dispatch operations and rapidly respond to incidents, urgent situations, customer requests, facility events, and other situations that require quick actions. Managing your mobile users is easier than ever with the ability to see the location and PTT availability status of your group in near real-time. Using Integrated Dispatch, your administrators can view all of their EPTT users on a map, send and receive individual or group calls, send highly secure messages & files, and more — all from the convenience of a web -browser solution. Page 24 of 61 397 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Important Information Software: Enhanced PTT (the "Service") consists of client software that is installed on supported devices that operate on the AT&T wireless data network and compatible Internet -connected networks. Use of the service on supported smartphones and PCs requires download and installation of the Enhanced PTT client software onto such devices. Other software on an end user's device may impair performance. Customer and its end users must accept the EPTT End User License Agreement that may be found at www.att.com/eptteula prior to Customer's installation and use of the Enhanced PTT software on their devices and PCs. Use of Integrated Dispatch software requires acceptance of the Integrated Dispatch End User License Agreement presented during installation. AT&T or its suppliers retain all right, title and interest, including, without limitation, all intellectual property rights, in and to all such software. SERVICE LIMITATIONS: ENHANCED PTT IS NOT INTENDED FOR USE IN EMERGENCY OR CRITICAL COMMUNICATIONS SETTINGS, OR WHERE ENCRYPTION IS REQUIRED FOR END-TO-END DATA IN TRANSIT. Availability, security, speed, timeliness, accuracy and reliability of service are not guaranteed. If the Customer attempts to access Enhanced PTT via a custom Access Point Name (APN), through a firewall or from a network that does not meet the specified network access criteria defined at Enabling Requirements, the Service will not work. Enhanced PTT service is not compatible with traditional circuit -switched voice calls or certain other AT&T wireless services, including, without limitation, voice mail/Visual Voice Mail, AT&T Address Book, and Wireless Priority Service. The Service requires use of a supported wireless device or a Personal Computer running Windows Vista OS or higher ("PC"). Use of the Enhanced PTT client for PCs may require that the PC be connected to AT&T's wireless network through an integrated modem/aircard or mobile hotspot device with a qualified data plan service. A list of supported devices is available at www.att.com/eptt, which is subject to change. The user interface and service performance may vary by device, and Integrated Dispatch features may not be compatible with all wireless devices. The Service is available to Customers with a qualified AT&T Government or government agreement ("Enterprise Agreement") and their associated corporate responsibility users ("CRUs") and individual responsibility users ("IRUs"). It may not be available for purchase in all areas, and not all service features and functionality are available on all supported devices. The Corporate Administrator Tool, Integrated Dispatch and Enhanced PTT client for PCs are only available for use with CRUs. Service performance is subject to transmission limitations and terrain, system, capacity and other limitations. The Service is not compatible with devices provisioned through the AT&T Control Center or Enterprise On Demand platforms. Enhanced PTT is designed to work only over AT&T's domestic wireless data network footprint and for AT&T subscribers over compatible Wi-Fi networks. Enhanced PTT is disabled while using domestic or international roaming cellular wireless networks. Wireless data coverage is not available in some areas. AT&T mobility coverage maps are available at https://www.att.com/maps/wireless-coverage.htm1. Wireless data coverage is subject to transmission limitations and terrain, system, capacity and other limitations. Usage of Enhanced PTT on networks other than the AT&T wireless data network is dependent on proper configuration and quality of the network connection (see Enabling Requirements for details). AT&T is unable to provide troubleshooting or configuration assistance for third -party network connections and may be limited in its ability to troubleshoot service problems for transmissions made using such networks. AT&T provides no customer support in this regard other than verifying connectivity to the AT&T network and the Service. Page 25 of 61 398 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing FIRSTNET What is FirstNet? FirstNet is a nationwide public safety communications platform dedicated to first responders in a public-private partnership between AT&T and the First Responder Network Authority. What is FirstNet's Mission? To deploy, operate, maintain, and improve the first high-speed, nationwide wireless broadband network dedicated to public safety. This reliable, highly secure, interoperable, and innovative public safety communications platform will bring 21st century tools to public safety agencies and first responders, allowing them to get more information quickly and helping them to make faster and better decisions. Who qualifies for FirstNet? We have 2 types of eligible Public Safety Entities, Primary Users and Extended Primary Users. Primary Users are Public Safety Entities that act as first responders, the agencies who are at an emergency scene first. This includes law enforcement, fire protection services, emergency medical services, emergency (911) call dispatching and government Public Safety Answering Points, emergency planning and management offices, and ambulance services. Extended Primary Users are those agencies, organizations, non-profit or for-profit companies that provide public safety services in support of Primary Users. They provide mitigation, remediation, overhaul, clean-up, restoration, or other such services during or after an incident. FirstNet Eligibility: In order to take advantage of the AT&T FirstNet Solution, Customer must (a) be a qualified "Public Service Entity' as recognized by the First Responder Network Authority, or a FirstNet Eligible User and (b) restrict access to the AT&T FirstNet Solution solely to Authorized Users (as defined in the AT&T FirstNet Solution Service Guide described below) who must be located in a state or territory which has opted in to use the AT&T FirstNet Nationwide Public Safety Broadband Network. Who will manage the FirstNet account and pay the bill? Primary Users can have two types of authorized users: Agency Paid Users and Subscriber Paid Users; Extended Primary Users can have only Agency Paid Users. Agency Paid Users are employees and contractors of a qualified Public Safety Entity. The Public Safety Entity pays for the FirstNet service for Agency Paid Users. Subscriber Paid Users are verified and approved (a) employees of a Primary User Public Safety Entity or (b) qualified volunteer personnel affiliated with a Primary User Public Safety Entity. Subscriber Paid Users pay for their own FirstNet service. Page 26 of 61 399 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing CUSTOM FIRSTNET MOBILE PLANS 1. FirstNet Custom Offer: Provided the Customer remains in full compliance with the terms and conditions of the Agreement, and subject to all corresponding conditions set forth in this §2 (including all sub -sections and Tables), Contractor will provide Customer and the FirstNet Eligible Users, as defined in this Amendment, the following custom offer: the FirstNet Mobile Plans as described in Section 2.1 herein (the "Custom FirstNet Mobile Pooled and Unlimited Plans") the FirstNet Mobile Plans — Subscriber Paid as described in Section 2.2 herein (the "Custom FirstNet Mobile Subscriber Paid Plans") and the FirstNet Activation Credit as described in Section 2.3 herein, collectively referred to herein as the "Custom FirstNet Mobile Plans". The Custom FirstNet Mobile Plans are, at times, referred to as the "Custom Offer". The Custom Offer is available for the term of the Agreement. 1.1 Custom FirstNet Mobile Pooled and Unlimited Plans. The Custom FirstNet Mobile Pooled and Unlimited Plans shall consist of the following: TABLE 1.1.1 CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR SMARTPHONES** TABLE 1.1.2* Add $10.99 Add -a -Line for use with an unsubsidized device Monthly Service Charge -a- 2GB SGB 50GB 10OGB 500GB 1000GB Line For use with an $15.99 $24.50 $36.00 $205.00 $373.00 $1,745.00 $3,350.00 unsubsidized device MSC* MSC MSC MSC MSC MSC MSC For use with a $35.99 $56.00 $225.00 $393.00 $1,765.00 $3,370.00 $44.50 MSC subsidized device MSC MSC MSC MSC MSC MSC *MSC means Monthly Service Charge ** Plans outlined include Unlimited Voice and Text TABLE 1.1.2* CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR FEATURE PHONES* $10.99 Add -a -Line for use with an unsubsidized device Monthly Service Charge $22.99 Add -a -Line for use with a subsidized device Monthly Service Charge *Plans outlined above include Unlimited Voice and Text Page 27 of 61 400 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing TABLE 1.1.3 CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR DATA -ONLY DEVICES TABLE 1.1.4 Add CUSTOM FIRSTNET ENHANCED* PTT ONLY PLANS Unlimited Enhanced for Unlimited Standard for Unlimited for Data -only $9.99 Smartphones* Smartphones** -a- 2GB 5GB 50GB 100G13 500GB 1000GB *Enhanced PTT includes Unlimited, Voice, Text, Data, and Mobile Hotspot Line *Enhanced Smartphone includes Unlimited, Voice, Text, Data, and Mobile Hotspot ** Standard Smartphone includes Unlimited, Voice, Text, and Data only For use with an $10.00 $16.00 $23.00 $200.00 $368.00 $1,740.00 $3,343.00 unsubsidized device MSC MSC MSC MSC MSC MSC MSC For use with a subsidized $20.00 $26.00 $33.00 $210.00 $378.00 $1,750.00 $3,353.00 device MSC MSC MSC MSC MSC MSC MSC TABLE 1.1.4 CUSTOM FIRSTNET MOBILE -UNLIMITED PLANS CUSTOM FIRSTNET ENHANCED* PTT ONLY PLANS Unlimited Enhanced for Unlimited Standard for Unlimited for Data -only $9.99 Smartphones* Smartphones** Devices Monthly $44.99 $39.99 $34.99 Service Charge Monthly Service Charge *Enhanced PTT includes Unlimited, Voice, Text, Data, and Mobile Hotspot *Enhanced Smartphone includes Unlimited, Voice, Text, Data, and Mobile Hotspot ** Standard Smartphone includes Unlimited, Voice, Text, and Data only TABLE 1.1.5 CUSTOM FIRSTNET ENHANCED* PTT ONLY PLANS Unlimited FirstNet Enhanced PTT Only Plan $9.99 for use with an unsubsidized, compatible Feature Phone Monthly Service Charge Unlimited FirstNet Enhanced PTT Only Plan $17.99 for use with a subsidized, compatible Feature Phone Monthly Service Charge *Enhanced PTT includes Unlimited, Voice, Text, Data, and Mobile Hotspot Page 28 of 61 401 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Custom FirstNet Mobile Plans — Subscriber Paid. In addition to Custom FirstNet Mobile Pooled and Unlimited Plans available to Customer and its CRUS, Contractor offers a Subscriber Paid version of such plans to eligible individuals associated with a Primary User Public Safety Entity. Customer hereby authorizes Contractor to provide such individuals with the discounts set forth in §1.2 (the "Custom FirstNet Mobile Subscriber Paid Plans"). Customer must remain eligible for the Custom FirstNet Mobile Plans described in §1.1 for the Custom FirstNet Mobile Subscriber Paid Plans described in §1.2 to apply. The corresponding subscriber must be eligible to activate Service on the underlying version of the corresponding Custom FirstNet Mobile Subscriber Paid Plan. The Custom FirstNet Mobile Subscriber Paid Plans are only available to Subscriber Paid Users. For all Custom FirstNet Mobile Subscriber Paid Plans, the corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in the corresponding table below will be achieved via application of a modifier also reflected on the invoice. TABLE 1.2.1 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID — FIRST RESPONDER UNLIMITED PLANS CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID PLANS — FIRST RESPONDER PLANS* Unlimited Smartphone Plan Unlimited Smartphone Plan For use with For use with For use with For use with For use with Smartphone Smartphone Feature Phone Tablet Tablet $44.99 2GB 5GB 100MB 2GB 5GB Monthly $24.50 $36.00 $10.99 $16.00 $23.00 Service Charge *Plans outlined above include Unlimited Voice and Text TABLE 1.2.2 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID — FIRST RESPONDER UNLIMITED PLANS Unlimited Smartphone Plan Unlimited Smartphone Plan Unlimited Tablet Plan (without Mobile Hotspot)* (with Mobile Hotspot)** (with Mobile Hotspot)*** Monthly $39.99 $44.99 $34.99 Service Charge *Includes Unlimited Voice, Text, and Data only **Includes Unlimited Voice, Text, Data, and Mobile Hotspot ***Includes Unlimited Data and Mobile Hotspot Page 29 of 61 402 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Mobility Application Solutions AT&T Mobile Field Solutions Netmotion VPN A client/server software -only mobile Virtual Private Network ("VPN") for Windows operating devices, including laptops, tablets, pocket PCs and smartphones, that provides application persistence to the Transport Layer of the Open System Interconnection ("OSI") Layer. The Solution also helps to protect the VPN tunnel and applications from data loss, and it does not require multiple log -ins or re -authentication when a user suspends, and resumes use of devices or transitions across networks. Product Code Product Name List Price RTL.43019 Mobility for Windows (25-99) $200.00 RTL.43690 Mobility for Windows (100-249) $145.00 RTL.43691 Mobility for Windows (250-499) $135.00 RTL.43692 Mobility for Windows (500-999) $125.00 RTL.43020 Mobility for Windows + Analytics (25-99) $220.00 RTL.43693 Mobility for Windows + Analytics (100-249) $160.00 RTL.43694 Mobility for Windows + Analytics (250-499) $150.00 RTL.43695 Mobility for Windows + Analytics (500-999) $140.00 RTL.43021 Mobility for Windows + NAC (25-99) $220.00 RTL.43696 Mobility for Windows + NAC (100-249) $160.00 RTL.43697 Mobility for Windows + NAC (250-499) $150.00 RTL.43698 Mobility for Windows + NAC (500-999) $140.00 RTL.43022 Mobility for Windows + NAC & Analytics (25-99) $240.00 RTL.43704 Mobility for Windows + NAC & Analytics (100-249) $175.00 RTL.43703 Mobility for Windows + NAC & Analytics (250-499) $165.00 RTL.43705 Mobility for Windows + NAC & Analytics (500-999) $155.00 RTL.43023 Mobility for Windows + Policy (25-99) $275.00 RTL.43700 Mobility for Windows + Policy (100-249) $210.00 RTL.43043 Mobility for Windows + Policy (250-499) $195.00 RTL.43044 Mobility for Windows + Policy (500-999) $180.00 RTL.43024 Mobility for Windows + Policy & Analytics (25-99) $295.00 RTL.43045 Mobility for Windows + Policy & Analytics (100-249) $225.00 Page 30 of 61 403 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing RTL.43046 Mobility for Windows + Policy & Analytics (250-499) $210.00 RTL.43047 Mobility for Windows + Policy & Analytics (500-999) $195.00 RTL.43025 Mobility for Windows + Policy & NAC (25-99) $295.00 RTL.43711 Mobility for Windows + Policy & NAC (100-249) $225.00 RTL.43712 Mobility for Windows + Policy & NAC (250-499) $210.00 RTL.43713 Mobility for Windows + Policy & NAC (500-999) $195.00 RTL.43026 Mobility for Windows + Policy, NAC & Analytics (25-99) $315.00 RTL.43714 Mobility for Windows + Policy, NAC & Analytics (100-249) $240.00 RTL.43706 Mobility for Windows + Policy, NAC & Analytics (250-499) $225.00 RTL.43715 Mobility for Windows + Policy, NAC & Analytics (500-999) $210.00 RTL.43716 Mobility for Android (25-99) $200.00 RTL.43717 Mobility for Android (100-249) $145.00 RTL.43718 Mobility for Android (250-499) $135.00 RTL.43719 Mobility for Android (500-999) $125.00 RTL.43720 Mobility for Android + Analytics (25-99) $220.00 RTL.43721 Mobility for Android + Analytics (100-249) $160.00 RTL.43722 Mobility for Android + Analytics (250-499) $150.00 RTL.43723 Mobility for Android + Analytics (500-999) $140.00 RTL.43724 Mobility for Android + Policy (25-99) $275.00 RTL.43725 Mobility for Android + Policy (100-249) $210.00 RTL.43726 Mobility for Android + Policy (250-499) $195.00 RTL.43727 Mobility for Android + Policy (500-999) $180.00 RTL.43728 Mobility for Android + Policy & Analytics (25-99) $295.00 RTL.43729 Mobility for Android + Policy & Analytics (100-249) $225.00 RTL.43730 Mobility for Android + Policy & Analytics (250-499) $210.00 RTL.43731 Mobility for Android + Policy & Analytics (500-999) $195.00 RTL.4882D Mobility for iOS (25-99) $200.00 RTL.4880D Mobility for iOS (100-249) $145.00 RTL.4883D Mobility for iOS (250-499) $135.00 RTL.4874D Mobility for iOS (500-999) $125.00 RTL.4879D Mobility for iOS + Analytics (25-99) $220.00 RTL.4875D Mobility for iOS + Analytics (100-249) $160.00 RTL.4885D Mobility for iOS + Analytics (250-499) $150.00 RTL.4872D Mobility for iOS + Analytics (500-999) $140.00 RTL.4871D Mobility for iOS + Policy (25-99) $275.00 RTL.4886D Mobility for iOS + Policy (100-249) $210.00 RTL.4873D Mobility for iOS + Policy (250-499) $195.00 RTL.4887D Mobility for iOS + Policy (500-999) $180.00 RTL.4878D Mobility for iOS + Policy & Analytics (25-99) $295.00 RTL.4888D Mobility for iOS + Policy & Analytics (100-249) $225.00 RTL.4889D Mobility for iOS + Policy & Analytics (250-499) $210.00 RTL.4890D Mobility for iOS + Policy & Analytics (500-999) $195.00 RTL.43732 Mobility Policy Module (25-99) $75.00 Page 31 of 61 404 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing RTL.43733 Mobility Policy Module (100-249) $65.00 RTL.43734 Mobility Policy Module (250-499) $60.00 RTL.43735 Mobility Policy Module (500-999) $55.00 RTL.43736 Mobility NAC Module (25-99) $20.00 RTL.43737 Mobility NAC Module (100-999) $15.00 RTL.43738 Mobility Analytics Module (25-99) $20.00 RTL.43739 Mobility Analytics Module (100-999) $15.00 RTL.43705 Mobility Additional Server $5,000.00 RTL.43682 Mobility SMB Account $1,000.00 RTL.4278E Standard NM Mobility Platform $1,500.00 RTL.4279E Enterprise NM Mobility Platform $2,500.00 RTL.43740 Mobility Enterprise for Windows (1st 1000) $105.00 RTL.43741 Mobility Enterprise for Windows $55.00 RTL.43742 Mobility Enterprise for Windows + Policy (1st 1000) $150.00 RTL.43743 Mobility Enterprise for Windows + Policy $100.00 RTL.43744 Mobility Enterprise for Windows + NAC (1st 1000) $115.00 RTL.43745 Mobility Enterprise for Windows + NAC $65.00 RTL.43746 Mobility Enterprise for Windows + Policy & NAC (1st 1000) $160.00 RTL.43747 Mobility Enterprise for Windows + Policy & NAC $110.00 RTL.43748 Mobility Enterprise for Android (1st 1000) $105.00 RTL.43749 Mobility Enterprise for Android $55.00 RTL.43750 Mobility Enterprise for Android + Policy (1st 1000) $150.00 RTL.43751 Mobility Enterprise for Android + Policy $100.00 RTL.4877D Mobility Enterprise for iOS (1st 1000) $105.00 RTL.4891D Mobility Enterprise for iOS $55.00 RTL.4892D Mobility Enterprise for iOS + Policy (1st 1000) $150.00 RTL.4893D Mobility Enterprise for iOS + Policy $100.00 RTL.43683 Mobility Enterprise Policy Module $45.00 RTL.43684 Mobility Enterprise NAC Module $10.00 RTL.43685 Mobility Enterprise Analytics Module $0.00 RTL.43686 NM Mobility Premium Maintenance (25%) 25% of TCV *1 year RTL.43687 NM Mobility Premium Maintenance (22%) 22% of TCV *2 years RTL.43688 NM Mobility Premium Maintenance (20%) 20% of TCV *3 years RTL.43752 NM Mobility Standard Maintenance (15%) 15% of TCV *1 year RTL.43753 NM Mobility Standard Maintenance (14%) 14% of TCV *2 years RTL.43754 NM Mobility Standard Maintenance (13%) 13% of TCV *3 years 40% of TCV of RTL.43755 NM Mobility Upgrade 8.x to 10.x Licenses 35% of TCV of RTL.43756 NM Mobility Upgrade 9.x to 10.x Licenses RTL.43689 Sure -Start $5,000.00 RTL.43757 Sure -Start Express $2,000.00 Page 32 of 61 405 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing RTL.4174E NetMotion Diagnostics for Mobility (25-99) License (Device) - $2,000.0 RTL.43758 Sure -Check System Review License (Device) - Perpetual $60.00 0 License (Device) - Perpetual $2,000.0 RTL.43759 Advanced Authentication Assistance Perpetual $55.00 - Cloud 0 RTL.4181E $7,000.0 RTL.43760 Sure -Check System Audit $51.00 NetMotion Diagnostics for Mobility 0 RTL.43761 Technical Services On -Site $5,000.00 RTL.43762 Technical Services Remote $2,000.00 RTL.43763 Advanced Authentication Solution variable RTL.43764 Mobility Certification Training $1,995.00 RTL.43765 On -Site Mobility Certification Training $15,000.00 RTL.43766 Mobility Certification Facility Reservation $2,000.00 RTL.43767 Dedicated Technical Account Manager (1 year) $40,000.00 RTL.43768 Open VPN Setup $1,250.00 Standalone Diagnostics without Mobility $45.00 License RTL.43171 NetMotion Diagnostics & Alerts (25-99) $ 80.00 RTL.43172 NetMotion Diagnostics & Alerts (100-249) $ 75.00 RTL.43174 NetMotion Diagnostics & Alerts (250-499) $ 70.00 RTL.43175 NetMotion Diagnostics & Alerts (500-999) $ 65.00 RTL43176 NetMotion Diagnostics & Alerts (1,000+) $ 60.00 RTL.43182 NetMotion Diagnostics & Alerts Premium Maintenance 1 YEAR 25% of tcv *1 RTL.43183 NetMotion Diagnostics & Alerts Premium Maintenance 2 YEAR 22% of tcv *2 RTL.43184 NetMotion Diagnostics & Alerts Premium Maintenance 3 YEAR 20% of tcv *3 RTL.43185 NetMotion Diagnostics & Alerts Standard Maintenance 1 YEAR 15% of tcv *1 RTL.43186 NetMotion Diagnostics & Alerts Standard Maintenance 2 YEAR 14% of tcv *2 RTL.43187 NetMotion Diagnostics & Alerts Standard Maintenance 3 YEAR 13% of tcv *3 RTL.4174E NetMotion Diagnostics for Mobility (25-99) License (Device) - Perpetual $65.00 RTL.4175E NetMotion Diagnostics for Mobility (100-249) License (Device) - Perpetual $60.00 RTL.4176E NetMotion Diagnostics for Mobility (1000+) License (Device) - Perpetual $40.00 RTL.4178E NetMotion Diagnostics for Mobility (250-499) License (Device) - Perpetual $55.00 RTL.4179E NetMotion Diagnostics for Mobility (500-999) License (Device) - Perpetual $50.00 NetMotion Diagnostics for Mobility - Cloud RTL.4180E Subscription (25-99) Subscription (one-year) $54.00 NetMotion Diagnostics for Mobility - Cloud RTL.4181E Subscription (100-249) Subscription (one-year) $51.00 NetMotion Diagnostics for Mobility - Cloud RTL.4182E Subscription (1000+) Subscription (one-year) $39.00 NetMotion Diagnostics for Mobility - Cloud RTL.4183E Subscription (250-499) Subscription (one-year) $48.00 NetMotion Diagnostics for Mobility - Cloud RTL.4185E Subscription (500-999) Subscription (one-year) $45.00 Page 33 of 61 406 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Page 34 of 61 407 NetMotion Diagnostics for Mobility - RTL.4186E Subscription (25-99) Subscription (one-year) $54.00 NetMotion Diagnostics for Mobility - RTL.4187E Subscription (100-249) Subscription (one-year) $51.00 NetMotion Diagnostics for Mobility - RTL.4188E Subscription (1000+) Subscription (one-year) $39.00 NetMotion Diagnostics for Mobility - RTL.4189E Subscription (250-499) Subscription (one-year) $48.00 NetMotion Diagnostics for Mobility - RTL.4190E Subscription (500-999) Subscription (one-year) $45.00 NMW Diagnostics Upgrade (only for existing Locality customers that are current on RTL.4191E maintenance) License (Device) - Perpetual $55.00 Page 34 of 61 407 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Mobility Application Solutions Continued AT&T GPS -Based Fleet Solutions Fleet Complete AT&T Fleet Complete is a unique fleet, asset, mobile workforce and dispatch management solution, which provides you with the ability to track and manage your vehicles, mobile workers and optimize your operations in a single cloud -based platform Product Code Product Name List Price Courier Complete - A complete operations management system for courier companies, including order -entry, customer management, pricing, billing, driver management, a web module CICC001 $30.00 for customer online order entry and tracking and a mobile module for real-time driver updates. Minimum of 10 subscribers must be purchased. FC Track & Dispatch - Designed for mobile resource tracking and/or dispatching of work orders. Track and Dispatch works on CITD001 $25.00 the Motorola MC55, MC65, MC75, ES400 and BlackBerry based devices. FC Fleet Tracker MGS 200 Bundle includes the MGS200 2G GPS modem with antenna and wire harness, standard installation CIFT2001 included (connecting constant power, ignition power and $37.00 ground) Fleet Complete subscription with technical support and remote training. FC Fleet Tracker MGS 500 Bundle includes MGS500 HSPA (with Ethernet port) GPS modem with antenna and wire harness, CIFT5001 standard installation included (connecting constant power, $45.00 ignition power and ground) Fleet Complete subscription with technical support and remote training. Page 35 of 61 408 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing FC Asset Tracker Un -Bundled includes Fleet Complete CIAT001 subscription with technical support and remote training. Asset $10.00 Tracker hardware and installation NOT INCLUDED. Fleet Complete Asset Tracker Bundle includes XT5000-2G asset IATBU01 tracking device with a 10,000 mAh onboard battery, capable of $20.00 tracking unpowered assets once a day for 3 years. Courier Complete - A complete operations management system for courier companies, including order -entry, customer management, pricing, billing, driver management, a web module CICCO03 for customer online order entry and tracking and a mobile $18.00 module for real-time driver updates. Minimum of 10 subscribers must be purchased. Special pricing only for existing Cl customers migrating to AT&T. Special pricing only for existing Cl customers migrating to CI FT2003 $15.00 AT&T. CIFT2018 Fleet Tracking Software $18 $18.00 CIFT2020 Fleet Tracking Software $20 $20.00 CIFT2025 Fleet Tracking Software $25 $25.00 CIFT2030 Fleet Tracking Software $30 $30.00 CIHD2005 Fleet Tracking Hardware $5 $5.00 CIHD2006 Fleet Tracking Hardware $6 $6.00 CIHD2007 Fleet Tracking Hardware $7 $7.00 CIHSMC01 HOS Multi User Code $7.00 CIHSMCO2 HOS Multi User Code $14.00 CIHSMC04 HOS Multi User Code $28.00 CIHSMC08 HOS Multi User Code $56.00 CIHSMC128 HOS Multi User Code $896.00 CIHSMC16 HOS Multi User Code $112.00 CIHSMC256 HOS Multi User Code $1,792.00 Page 36 of 61 409 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing CIHSMC32 HOS Multi User Code $224.00 CIHSMC512 HOS Multi User Code $3,584.00 CIHSMC64 HOS Multi User Code $448.00 CISSMC01 Legacy -Suite Multi User Code $18.00 CISSMCO2 Legacy -Suite Multi User Code $36.00 CISSMC04 Legacy -Suite Multi User Code $72.00 CISSMC08 Legacy -Suite Multi User Code $144.00 CISSMC128 Legacy -Suite Multi User Code $2,304.00 CISSMC16 Legacy -Suite Multi User Code $288.00 CISSMC256 Legacy -Suite Multi User Code $4,608.00 CISSMC32 Legacy -Suite Multi User Code $576.00 CISSMC512 Legacy -Suite Multi User Code $9,216.00 CISSMC64 Legacy -Suite Multi User Code $1,152.00 CIATMC01 Resource Tracker Multi User Code $5.00 CIATMCO2 Resource Tracker Multi User Code $10.00 CIATMC04 Resource Tracker Multi User Code $20.00 CIATMC08 Resource Tracker Multi User Code $40.00 CIATMC128 Resource Tracker Multi User Code $640.00 CIATMC16 Resource Tracker Multi User Code $80.00 CIATMC256 Resource Tracker Multi User Code $1,280.00 CIATMC32 Resource Tracker Multi User Code $160.00 CIATMC512 Resource Tracker Multi User Code $2,560.00 CIATMC64 Resource Tracker Multi User Code $320.00 SKU Code Product Description Price Page 37 of 61 410 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing 40004 Cigarette Lighter Adapter $25.00 Driver ID Kit including programming device, ID reader, buzzer, ID 40005 $125.00 tag, keyfob and installation Driver ID Kit including ID reader, buzzer, ID tag, key fob and 40006 $95.00 installation 40007 30ft cable 12 BIT and installation $200.00 40008 48 ft cable 12 BIT and installation $220.00 40009 10' CAT6 (500 MHz) Ethernet Network Cable - Blue $5.00 40010 Extended Warranty year two & three (MGS200) $100.00 40011 Extended Warranty year two & three (MGS500) $150.00 Refurbished Out of Warranty MGS200 GPS modem (subject to 40012 $240.00 availability) 40013 Wi-Fi access point $260.00 40014 Wi-Fi access point installation $75.00 40015 GMI-GNX-PX0000 - Port Expender (MGS200) and installation $125.00 40016Deactivated now Standard Installation $130.00 its/42218 (125-130) 40017 Construction Equipment installation $250.00 40018 On -Site (non -warranty) Service Call $275.00 No -Show Charge (Client Must call 24hr in advance to cancel 40019 $550.00 appointment) Fee PER TRIP to install MGSX00's in vehicles at a customer's location anywhere in the United States. During an 8 -hour work day an installer may complete 6 to 8 installations assuming the 40020 $75.00 vehicles are available as needed. If the installer arrives at the customer's site and the vehicles are not available a No -Show fee of $400 will be charged to the customer. 40021 P3PPSHIP-SHIPPING $45.00 40022 FC Fleet Tracker MSG200 2G Replacement Hardware $325.00 Page 38 of 61 411 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Page 39 of 61 412 MSG500 - GMI-CAB-MGS200 - Power Harness, MGS200 (2 fuse, 40023 $600.00 2 meter) 2G XT5000 Replacement - GMI-CAB-240011 - Auxiliary 40024 $205.00 Harness, 18 pin for MGS500 40108 XT5000-2G-183 $184.00 40109 CICCETFCHARGE $250 $250.00 40110 CITDETFCHARGE $250 $250.00 40111 CIFT200ETFCHARGE $250 $250.00 40112 CIFT500ETFCHARGE $450 $450.00 40113 CIATETFCHARGE $150 $150.00 40114 Plastic Enclosure $30.00 41838 FC Fleet Tracker MSG200 2G Blowout Promo $155.00 FC Fleet Tracker XT5000 New Device 2G Blowout Promo (sold 41839 $99.00 with 2G Asset Tracker) GMI-CAB-450000 - MGS500 WiFi POE Adapter with 12 pin 42219 $20.00 power plug 74931 GMI-CAB-MGSS00 - Power Harness, MGS500 (2 fuse, 2 meter) $15.00 74933 GMI-CAB-120280 - Garmin Data Cable, MGS200 (w/Power) $15.00 GMI-CAB-120290 - Data cable, Garmin Traffic for 74934 $20.00 2xx,5xx,465t,13xx,14xx MHS200 (w/Power) 74935 Power Harness, MGS500 (2 fuse, 2 meter) $15.00 74936 Garmin Data Cable, MGS200 (w/Power) $65.00 Data cable, Garmin Traffic for 2xx,5xx,465t,13xx,14xx MHS200 74937 $145.00 (w/Power) 74938 Garmin Data Cable, MGS500 (w/Power) $65.00 Data Cable, MGS500, for Garmin Traffic for 2xx, 5xx, 465t, 13xx, 74939 $145.00 14xx 74940 Small Door Sensor and installation $85.00 Page 39 of 61 412 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing 74941 Large Door Sensor and installation $150.00 74942 PTO Sensor and installation $85.00 74943 Emergency Button and installation $85.00 74944 Roof mount SMCf Antenna $60.00 74945 MR900 Micro receiver with one way signaling, receive only $575.00 T -Pass LTX200-A Transmitting PASS with one way signaling, auto 74946 $800.00 on actionation 42557 Professional Services $125.00 42558 AT1000 Hardware $155.00 RTL.4079C Covert Antenna- $25 $25.00 RTL.4080C Removal- $70 $70.00 RTL.4077C Removal and reinstallation - $200 $200.00 RTL.4093C AT1000 Wall Charger- $35 $35.00 RTL.4128C AT1000 Magnetic Cradle- $35 $35.00 RTL.4469C AT1000 Temp Sensor- $86 $86.00 RTL.4023C OBDII Cable- $15 $15.00 RTL.4S53C Driver ID Key Tag and Fob- $7.45 $7.45 RTL.4S69c 6/9 pin Molex connectors- $24 $24.00 RTL.4073C MGS J -Box with Bluetooth kit- $40 $40.00 RTL.4025C Installation training/ per hour- $100 $100.00 RTL.4024C Qpuck Satellite Failover with install @ $685 $685.00 RTL.4393F FLEETCOMPLETEAT1000HARDWARE $199.00 RTL.4392F MGS150CABLE $20.00 RTL.4118H MGS700 Fleet Tracker $155.00 RTL.4169H 6 pin Y cable $20.00 Page 40 of 61 413 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing RTL.4165H 9 pin Y Cable $20.00 RTL.4156H 6 pin to 9 pin cable $15.00 RTL.4157H MGS100/700 OBDII IOY DID $20.00 RTL.4158H MGS100/700 9 pin right angle T2 $35.00 RTL.4159H MGS700 9 Pin IOY Flange 10FT $35.00 RTL.4160H MGS100/700 9 pin T2 IOY $35.00 RTL.4162H MGS100/700 9 pin T2 IOY Flange $35.00 RTL.4163H MGS100/700 9 pin IOY Flange $35.00 RTL.4161H MGS100/700 9 pin IOY $35.00 RTL.4164H MGS100/200/700 PH DID ready $15.00 Page 41 of 61 414 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Mobility Application Solutions Continued Product Code List Price BOX FROM ATT BUSINESS 1YR AT&T Enterprise Content Box from AT&T Box from AT&T is a scalable enterprise - Management Solutions $285.00 grade solution that enables agencies to RTL.4998C $399.00 better manage content and collaborate RTL.4946D $627.00 more effectively — all in a highly secure cloud RTL.4014E $207.00 workspace. With Box from AT&T, agencies RTL.4026E $327.75 can manage, access, and share information RTL.4027E $458.85 from virtually anywhere. Box enables users RTL.4253F $225.00 to upload, view, edit, and distribute content RTL.4252F $356.28 from virtually any web -enabled device. In RTL.4251F $498.72 the office or on the field, users will be able to access on their desktop PC, laptop, smartphone and tablet. Native mobile apps are available for all major mobile operating systems including iOS, Android'"', Windows®, and BlackBerry Product Description Product Code List Price BOX FROM ATT BUSINESS 1YR RTL.4721C $180.00 BOX FROM ATT BUSINESS PLUS 1YR RTL.4997C $285.00 BOX FROM ATT ENTERPRISE 1YR RTL.4998C $399.00 BOX FROM ATT ELITE 1YR RTL.4946D $627.00 BOX BUSINESS W PREM SVCS 1YR RTL.4014E $207.00 BOX BUSINESS PLUS W PREM SVCS 1YR RTL.4026E $327.75 BOX ENTERPRISE W PREM SVCS 1YR RTL.4027E $458.85 BOX BUSINESS W PLAT 1YR RTL.4253F $225.00 BOX BUSINESS PLUS W PLAT 1YR RTL.4252F $356.28 BOX ENTERPRISE W PLAT SVCS 1YR RTL.4251F $498.72 Page 42 of 61 415 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Mobility Application Solutions Continued AT&T Public Safety Solutions Rave Mobile Safety Rave Mobile Safety provides innovative emergency and public safety technology to help save lives. The Rave platform integrates data and communication tools to help those in charge of keeping others safe prepare better, respond faster and communicate more effectively in emergency situations. Thousands of agencies and institutions across law enforcement, 9-1-1, state and local emergency management agencies, corporations, healthcare organizations, K-12 districts, colleges and universities depend on Rave's award-winning software solutions Page 43 of 61 416 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Product Name Product Code Product Description list Price Rave Guardian (< 20,000 FTE RG -AE -1001-1 Rave Guardian per user. Annual fee $10.00 ("Full Time Equivalent") Rave Guardian Set-up RG -SE -2000 Rave Basic Guardian set-up including $2,000.00 Rave's standard email authentication. One-time fee Rave Guardian (< 20,000 RG -A-1001-1 Rave Guardian per position for schools $6,000.00 FTE) with an FTE less than 20,000. Annual fee Rave Guardian (> 20,000 RG -A-1001-2 Rave Guardian per position for schools $10,000.00 FTE) with an FTE more than 20,000. Annual fee Rave Guardian Set-up RG -S-2000 Rave Basic Guardian set-up including $2,000.00 Rave's standard email authentication. One-time fee Rave Panic Button Setup RPB -S-2000 Rave Panic Button Setup - per school, $500.00 one-time fee Rave Command View for RCV-A-1001 Rave Command View for Panic Button $6.00 Rave Panic Button Facilities. Per authorized listed Panic Button user/ year. Requires Rave Panic Button. Annual fee Rave Panic Button RPB -1<12-1000 A phone application -based system with $1,800 optional 9-1-1 integration that works for all hazards. Rave Panic Button for K12 - Cost per school /year; (minimum $5,400 per year). Annual fee. Rave Panic Button Setup RPB -1<12-2000 Rave Panic Button Setup - per school, 20% of RPB - one -time fee K12-1000 annual fee Rave Command View for RCV-1<12-1001 Rave Command View for Panic Button $100 K12 for Rave Panic Button K12 Facilities. Requires Rave Panic Button. $100 per each login (2 logins included) Annual fee Rave EyeWitness RE -A-1000 Requires RA -A-1000 Pricing is based on $0.10 population $2,000 Minimum. Additional Keywords available at $1,500 per keyword per year. Annual fee Rave EyeWitness Additional RE -A -1000 -KW Requires RE -A-1000 Each Additional $1,500.00 Keyword Keywords available at $1,500 per keyword per year. Annual fee Rave EyeWitness Set-up RE -S-2000 Rave EyeWitness Set-up $1,800.00 CAP inbound/outbound API RACAP-A-1000 Required for IPAWS - priced per FTE / $0.05 for Rave Messenger Resident. Annual fee Development Sandbox RD -A-1000 Additional Rave Messenger $2,500.00 License Development Environment. NOTE: If annual license is MORE than $12,500, the development license fee is 20% of annual license fee. Annual fee Page 44 of 61 417 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Premium SMS Messaging for RAP -A-1000 Premium SMS Messaging for Rave $0.05 Rave Messenger Messenger throughput - Priced per FTE. Annual fee Rave Messenger Basic RA -A -1000-B Unlimited Text - SMPP/SMS thru admin $1.50 console, RSS, Email. $2,500 minimum purchase. Does not include Premium SMS Messaging. priced per FTE. Annual fee Rave Messenger Inbound RA -A-1002 Requires RV -S-2000. Price includes $1,400.00 800 Service 10,000 30 second increments. Annual fee Rave Messenger Social RASM-A-1000 Rave Messenger Social Media $0.05 Media Integration Integration - priced per FTE. Annual fee Rave Inbound Toll -Free RV -A-1003 Per minute cost for inbound Toll -Free $0.14 Number for Messaging / Number. Annual fee Minutes Rave SMS to Opt -in SMS -A-1000 For Higher Ed and Corporate Customers $2,500.00 - Priced per keyword. Must purchase Rave Messenger. Minimum price of $2,500 per keyword / $1,500 per additional keyword. Annual fee Rave Voice Add-on Module RV -A-1000 Enables voice messages to be delivered $1.25 to mobile phones and landlines. $1,500 minimum purchase; Requires purchase of Rave Messenger. priced per FTE. Annual fee CAP Inbound/Outbound API RACAP-S-1000 Setup fee for CAP Inbound/outbound $500.00 One -Time Setup API Integration. One-time fee Rave Messenger for Public R911SPRA-S-1000 Requires purchase of Rave Messenger $2,000.00 Safety One -Time Setup for Public Safety. This is a one-time setup fee Rave Messenger Set-up RA -S-2000 Requires RA -A-1000. One-time fee $1,800.00 (Basic) Rave Messenger Social RASM-S-1000 Rave Messenger Social Media $500.00 Media Integration Setup Integration Setup. One-time fee Rave Inbound 800 Service RV -S-2001 Requires RA -A-1002 or RV -A-1003. One- $1,000.00 Setup time fee Rave Voice Set-up RV -S-2000 Requires RV -A-1000. One-time fee $1,800.00 RAU-S-2000 One-time fee set-up for Rave's Alertus $1,800.00 integration. One-time fee IPAWS R911SPRA-S-1001 Requires purchase of SmartPrepare with $2,000.00 Alert. This is a one-time setup fee LDAP/CAS/SSO/Shibboleth RA -S-2003 Utilizes your organization's existing $1,000.00 Authentication Integration Single Sign on authentication system for user authentication. By utilizing an existing user identity, users will not need a separate User ID and Password to Page 45 of 61 418 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Page 46 of 61 419 access the Rave Mobile Safety system. Annual fee. Rave Messenger for R911SPRAE-1001 Requires purchase of Rave Messenger $1,800.00 Enterprise One -Time Setup for Enterprise. This is a one-time setup fee Rave Messenger for R911SPRAE-1000 Alert - priced per user. $2,500 $4.00 Enterprise minimum. Annual fee. Rave Messenger for RV -AE -1000 Voice add-on. Requires Rave Messenger $2.00 Enterprise Voice Add On R911SPRAE-1000. Priced per user. $1,500 minimum. Annual fee Rave Messenger for RV -AE -1001 Voice add-on setup. One-time fee $1,800.00 Enterprise Voice Add On One -Time Setup Rave SMS to Opt -in for SMS -PS -AE -1000 For Enterprise Customers - Priced per Enterprise user at $0.05 per user for first keyword with each additional keyword at $500/keyword. Must purchase Rave Messenger for Enterprise. Minimum price $500, and each additional keyword is a $500. Annual fee Rave Messenger for R911SPRAE-1001 Must purchase SmartPrepare with Alert; $0.05 Enterprise Loaded Landlines priced per land line. Annual fee Premium SMS Messaging for R911SPRAP-AE-1000 Premium Messaging for Rave Messenger $0.05 Rave Messenger for for Enterprise throughput - this utilizes Enterprise SMPP gateway binds instead of web services - Priced per user. Annual fee Rave Messenger for R911SPRASM-AE-1000 Rave Messenger for Enterprise Social $0.01 Enterprise Social Media Media Integration - Priced per user. Integration Annual fee Rave SMS to Opt -in for SMS -PS -A-1000 For State & Local Customers - Priced per $0.05 Public Safety resident at $0.05 per resident for first keyword with each additional keyword at $500/keyword. Must purchase Rave Messenger for Public Safety. Minimum price $500, and each additional keyword is a $500. Annual fee CAP inbound/outbound API R911SPRACAP-A-1000 Required for IPAWS - priced per $0.02 for Rave Messenger for resident. Annual fee Public Safety Premium SMS Messaging for R911SPRAP-A-1000 Premium Messaging for Rave Messenger $0.02 Rave Messenger for Public for public safety throughput - this Safety utilizes SMPP gateway binds instead of web services - Priced per resident. Annual fee Rave Messenger for Public R911SPRA-1000 SmartPrepare with Alert - priced per $0.20 Safety person. Annual fee Page 46 of 61 419 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Rave Messenger for Public R911SPRA-1001 Must purchase SmartPrepare with Alert; $0.25 Safety Loaded Landlines priced per land line. Annual fee Rave Messenger for Public R911SPRA-1002 Must purchase Rave Messenger for $200.00 Safety Procurement per Public Safety; priced per unit (1 unit = 1,000 phone numbers 1,000 phone numbers) Annual fee Rave Messenger for Public R911SPRASM-A-1000 Rave Messenger for Public Safety Social $0.02 Safety Social Media Media Integration - Priced per resident. Integration Annual fee Rave Smart Loader Annual RA -AS -2001 Automatically add, edit, and delete $1,800.00 Integration users and groups within your Rave Mobile Safety System. Seamlessly integrates with all major SIS and HR systems including SunGard, Datatel, PeopleSoft, Oracle, and others via standard data exports and batch CSV processes. Annual fee. Daily Technical Consultant I RPS -S -2000A Rate for Professional Services. Cost per $225.00 hour Daily Technical Consultant II RPS -S-200013 Rate for Professional Services. 8 Hours / $1,800.00 One-time fee Daily Technical Consultant III RPS -S -2000C Rate for Professional Services. 8 Hours / $1,600.00 One-time fee Daily Technical Consultant RPS -S -2000D Rate for Professional Services. 8 Hours / $1,400.00 IV One-time fee Rave On-site Training ROnsite-S-2004 Rave On-site Training. Per day plus $2,400.00 travel and expenses Rave 911 (Smart911) Setup R911 -S-2000 Setup and configuration of Rave 911 $10,000.00 and Configuration per PSAP (Smart911). Requires license for Rave 911 (Smart911). Price is per PSAP. One- time fee Rave CAD (Computer -Aided R911CAD-S-2000 Rave CAD Integration; Requires $3,600.00 Dispatch) Integration Setup purchase of Rave 911 (Smart911). One- time fee Rave CAD Integration R911CAD-S-2001 Rave CAD Integration; Requires $200.00 Maintenance purchase of Rave 911 (Smart911). Priced per call taking position, minimum of $3,600 RapicISOS Service Data R911RapidSOS-A-1000 RapicISOS Service Data - Must purchase $0.00 Rave 911 (Smart911) Suite Basic, Suite Standard or Location Annual fee. Required Rave 911 (Smart911) Backup 11911X-A-1000BU Backup license, Priced per call taking $1,000.00 License position. Annual fee Rave 911 (Smart911) First R911FR-A-1000 First Responder View; Priced per user; $100.00 Responder View Requires Rave 911 (Smart911) purchase. Annual fee Page 47 of 61 420 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Rave 911 (Smart911) Suite R91113asic-A-1000 Priced per call taking position; Includes $4,000.00 Basic Chat, Notes, Facility, RapicISOS Service Data, 911 Panic Button Integration Software, .NET App. Annual fee Rave 911 (Smart911) Suite R911Standard-A-1000 Priced per call taking position. Includes $6,400.00 Standard Smart911Safety Profile, Chat, Notes, Facility, RapiclSOS Service Data, 911 Integration Software, .NET App, 30 First Responder View Users. Annual fee Rave 911 (Smart911) Text R911Chat-A-1000 Rave 911 (Smart911) Component -Text $1,500.00 Chat Chat. Annual fee Rave Analytics RAN -A-1000 Priced per call processed with a $0.01 minimum of $1,000 per year. Annual fee Rave Command View for RCV-A-1000 Priced per named user login. Annual fee $1,500.00 Rave911 Rave 911 (Smart911) Call R911Notes-A-1000 Rave 911 (Smart911) Component - Call $7,500.00 Notes Notes - Priced per call taking position. Annual fee Rave 911 (Smart911) Profile R911Prof ile-A-1000 Rave 911 (Smart911) component - $2,000.00 Smart911 Profile only. Annual fee Rave 911 (Smart911) R9111-ocation-A-1000 Rave 911 (Smart911) Component — $1,000.00 Location Location - Priced per call taking position. Annual fee Rave 911 (Smart911) R911Facilities-A-1000 Rave 911 (Smart911) Component - $1,000.00 Facilities Facility Profile - Priced per call taking position. Annual fee Rave Prepare One -Time RP -S-2000 RavePrepare Setup and Configuration. $3,600.00 Setup Fee Requires Rave Prepare License. One- time fee Rave Prepare Add -On to RPAddOn-A-1000 Rave Prepare Add -On to Rave $0.02 Rave Messenger Messenger Annual License Fee; Priced per population; Minimum $2,500. Annual fee Rave Prepare Premium RP-PremSupport-A- Rave Premium Support Add-on to Rave $0.02 Support Add-on Annual Fee 1000 Prepare Stand Alone; Priced per Population; Minimum $2,000. Annual fee Rave Prepare Stand Alone RPStandAlone-A-1000 Rave Prepare Stand Alone Annual $0.08 Annual License License Fee; Priced per population; Minimum $5,000. Annual fee Discounts are available and based upon opportunity size, value, and complexity. Page 48 of 61 421 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Mobility Application Solutions Continued AT&T Managed Applications —The Mutualink Interoperable Response and Preparedness Platform (IRAPP) AT&T Mutualink Interoperable Mutualink, Inc. Enhance response for public safety agencies, Response and Preparedness hospitals, schools, and critical infrastructure Platform (IRAPP) Solution entities by utilizing the Mutualink Interoperable Response and Preparedness Platform (IRAPP) network. Not only will police, fire or emergency management agency achieve new levels of secure, advanced communications, including voice, video, data and radio interoperability, but you are connecting into vast growing network of partners. New levels of interconnectivity for collaboration and coordination for event and incident management emerge Page 49 of 61 422 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Product Line Item State/Local Gov & Nonprofits FirstYr Recurrent Equipment Setup Annual Annual Wholesale One Time Enterprise (Primary Site) Additional Site \\\\\ 11 Network Provisioning & Setup (Per Site) Staging/Testing (Per Site) Program Management (Per Site) Usher Training (Pe11r Site) IWS Client (with EDM & IWS Mobile Access) IWS Clients 2-5 IWS Clients 6-50 IWS Clients 50-1000 IWS Clients 1000+ Add„'I IWS Mobile Clients Enterprise Multmedia PTT Clients (Min of 5) Enterprise Multmedia PTT Clients 6 - 100 Enterprise Multmedia PTT Clients 101 - 1000 Enterprise Multmedia PTNTClients 1001+ '��a`��tioJV1��1�� IWS Appliance (w/ Speaker/Microphone) IWS Portable Workstation (w/ Speaker/Mic) Speallker/Microphone (Incl w/ Appliance) �� Standard Radio Interconnect (Per Port) Advanced Radio Switch Interconnect 1 Port Gateway 2 Port Gateway 4 Port Gateway Video Interconnect (Per Port) Video Streaming Device 1 Port Gateway �2 Port Gateway Telephone Interconnect (Per Port) 1 Port Gateway Portable Domestic Go Kit (411 and 2V) Compact Got Kit (4R and 2V) Compact Got Kit (211 and 2V) Soft Panic/Facility (Govt/Commercial) Panic Button Interface (Non -ML Sold) No Charge No Charge No Charge No Charge 1,060.00 400.00 666.67 265.33 2,079.48 2,399.40 1,455.48 1,679.40 1,247.48 1,439.40 987.48 1,139.40 883.48 1,019.40 290.68 335.40 82.68 95.40 72.28 83.40 61.88 71.40 51.48 59.40 1,911.76 2,676.47 302.35 415.48 479.40 1,247.48 1,439.40 1,333.33 1,525.59 1,835.29 2,294.12 488.28 563.40 2,333.33 1,525.59 1,835.29 415.48 479.40 1,525.59 1,544.28 1,781.86 34,665.80 1,544.28 1,781.86 21,665.80 1,286.90 1,484.89 19,065.80 1,500.00 1,620.00 1,133.33 426.67 1 480.00 1 1 532.00 Page 50 of 61 423 Contract No.: DMS-19/20-O06A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Product Line Item K-12 Discounted Pricing, First Yr Recurrent Equipment Setup Annual Annual Wholesale One Time Enterprise (Primary Site) Additional Site Network Provisioning & Setup (Per Site) Staging/Testing (Per Site) Program Management (Per Site) User Training (Per Site) IWS Client (with EDM & IWS Mobile Access) IWS Clients 2-5 IWS Clients 6-50 IWS Clients 50-1000 IWS Clients 1000+ A�dd'I IWS Mobile Clients 111` NN Enterprise Multmedia PTT Clients (Min of 5) Enterprise Multmedia PTT Clients 6 - 100 Enterprise Multmedia PTT Clients 101 - 1000 rylEnterprise Multmedia PTT IIClients 1001+ IWS Appliance (w/ Speaker/Microphone) IWS Portable Workstation (w/ Speaker/Mic) Speaker/Microphone (Incl w/ Appliance) Standard Radio Interconnect (Per Port) Advanced Radio Switch Interconnect 1 Port Gateway 2 Port Gateway 4 NPort Gateway Video Interconnect (Per Port) Video Streaming Device 1 Port Gateway 2 Port Gateway Telephone Interconnect (Per Port) 1 Port Gateway K-12 Interconnect (Radio and Video) K-12 Gat way (2 Port) Portable Domestic Go Kit (411 and 2V) Compact Got Kit (4R and 2V) Compact Got Kit (211 and 2V) Soft Panic/Facility (K-12) Panic Button Interface (Non -ML) No Charge No Charge No Charge No Charge 1,060.00 400.00 666.67 265.33 1,039.79 1,199.76 727.79 839.76 623.79 719.76 493.79 569.76 441.79 509.76 207.48 239.40 82.68 95.40 72.28 83.40 61.88 71.40 51.48 59.40 1,911.76 2,676.47 302.06 207.79 239.76 623.79 719.76 1,333.33 1,525.59 1,835.29 2,294.12 244.19 281.76 2,333.33 1,525.59 1,835.29 207.79 239.76 1,525.59 451.99 521.52 1,835.29 1,544.28 1,781.86 34,665.80 1,544.28 1,781.86 21,665.80 1,286.90 1,484.89 19,065.80 1,500.00 1,620.00 532.00 426.67 480.00 532.00 Page 51 of 61 424 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Product Line Item Other Pricing Elements MSRP MSRP Equipment Setup Monthly Annual Wholesale One Time Z 1i",vu VIII Z�' a 111Z 1 11111 ruJ Monthy Roll -Call - per session Annual Tabletop Exercise Incident Command System Basic Training 1 RU Power Distrib. Shelf, w/Inter Pwr Supply Misc Installation Parts Control Station Install Kit Mutualink VCD-1 ��M1111utualinkV``CD-2 CustomerShipperTBD 40.00 per facility 798.40 per facility 318.40 per person 250 556 328 443 443 Local Site Install Technician - 5 Hours Block (over 60 mi from ML location) 1,000 Local Site Install Technician - 4 Hours Block (over 60 mi from ML location) 800 Local Site Install Technician - Over 4 hours (per hour) 200 Non -local Site Install Service (per day) 2,000 Non -local Travel Charge -Same Day Return (per trip) 1,333 Non -local Travel (Continental US) - Multiday (per trip) 2,133 Non -local Travel (All Other) - Multiday (per trip) 6,000 Non -local Travel Per Diem Expense (Continental US) 300 Remote Network Engineering Services (per hour) 333 Third Party Systems Integration custom These pricing elements are the same price regardless of Gov't or K12 designation A custom Statement of Work will be provided for each opportunity detailing the solution design, deliverables, roles and responsibilities and expectations. Discounts are available and based upon opportunity size, value, and complexity. Page 52 of 61 425 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Mobility Application Solutions Mobile Threat Defense Solution Lookout Mobile Endpoint Security Lookout Mobile Endpoint Security makes it easy to get visibility into the entire spectrum of mobile risk, apply policies to measurably reduce that risk, and integrate into your existing security and mobile management solutions. Lookout Mobile Endpoint Security helps to secure corporate data by providing protection from app -based, device - based, network -based, and web/content-based risks. Lookout's Continuous Conditional Access enables only trusted devices to connect to enterprise infrastructure and data, for both managed and unmanaged deployments Page 53 of 61 426 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Product Code Product Name Monthly List Price LOMTU MES Threats Per User $8.00 LOMTD MES Threats Per Device $5.33 LOMCU MES Comprehensive Per User $9.33 LOMCD MES Comprehensive Per Device $6.67 Product Code Product Name Annual List Price 4027L MES Threats Per User— 1 Year $72.00 4034L MES Threats Per Device — 1 Year $48.00 4030L MES Threats Per User— 3 Year $172.80 4031L MES Threats Per Device — 3 Year $115.20 Product Code Product Name Annual List Price 4032L MES Comprehensive Per User -1 $84.00 4028L Year $60.00 4033L MES Comprehensive Per Device— $201.60 4026L 1 Year $144.00 MES Comprehensive Per User -3 Year MES Comprehensive Per Device - 3 year Page 54 of 61 427 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Mobility Application Solutions AT&T FirstNet Control Center AT&T Platform AT&T FirstNet CC will give you global visibility into the activity of all your SIMS on the AT&T network, but more than that, use this proven platform to: Drive efficiency and profitability, empowered with robust self-service tools for provisioning, real-time diagnostics, usage controls, and more. The CC Portal gives you 240 access to your wireless account, so you can more productively and efficiently manage your services. Control Costs – Start with a no -touch activation experience— automatically activating your devices on the network as soon as your end users or installers switch them on in the field. Then utilize automated overage controls, notifications, and rules to control costs once your devices are in use. Eliminate manual efforts and use the automation engine in the AT&T CC to save time and money. Automation Engine –Streamline your business processes and scale faster using a powerful automation engine to programmatically control your devices. Monitor SIMs, usage, rate plans, or other elements of your connected device business and trigger actions to run automatically when critical events occur. Gain Strategic Insight—Get the intelligence you need to manage your connected device business for maximum efficiency. AT&T CC puts everything from data utilization and costs Page 55 of 61 428 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Page 56 of 61 429 to performance and provisioning status at your fingertips. You'll see important usage trends, which devices cost the most, and whether your devices are working as expected in the field. Troubleshoot Problems Instantly— Run detailed diagnostics on any device, online and in real-time, whether on the AT&T network or roaming internationally. Check provisioning status, see connection session history, and view real-time connectivity status. Immediately identify connectivity issues and get the information you need to get them resolved quickly. CC may require a Private Mobile Connection (PMC) APN • FirstNet CC supports all approved FirstNet Data plans listed in the AT&T MCS End User Price List Page 56 of 61 429 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Mobility Application Solutions Continued Product Code Product Name List Price Service Plans Monthly Recurring Charges FMEBASENC Fleet Mgt Ent Base Service Plan NC $9.90 AT&T Fleet Management Solution for Government Geotab AT&T Fleet Management for Government FMEPRONC Fleet Mgt Ent Pro Service Plan NC enables you to manage your entire fleet FME6MB Fleet Mgt Ent 6MB Data Plan on an easy-to-use platform providing near - FMEPLUSNC Fleet Mgt Ent ProPlus Service Plan NC real time data that helps control costs, FMEBMB Fleet Mgt Ent 8MB Data Plan optimize your fleet, and meet federal and FMESPDNC Fleet Mgt Ent Suspend Service Plan NC state mandates Product Code Product Name List Price Service Plans Monthly Recurring Charges FMEBASENC Fleet Mgt Ent Base Service Plan NC $9.90 FME4MB Fleet Mgt Ent 4MB Data Plan $1.80 FMEPRONC Fleet Mgt Ent Pro Service Plan NC $19.35 FME6MB Fleet Mgt Ent 6MB Data Plan $2.25 FMEPLUSNC Fleet Mgt Ent ProPlus Service Plan NC $22.68 FMEBMB Fleet Mgt Ent 8MB Data Plan $2.52 FMESPDNC Fleet Mgt Ent Suspend Service Plan NC $7.50 FMEIMB Fleet Mgt Ent 1MB Data Plan $0.50 Hardware & Accessories One Time Charges 4716L ATT -G 09 LTEX $ 58.00 4712L ATT-G09LTEAKI $86.50 4720L ATT-G09LTEAK2 $86.50 44871 Uni T cable Kit GS16K2 AFMFE $28.50 45101 Uni HD T cable Kit GS09K2 AFMFE $28.50 44951 3 wire cable CW03S3 AFMFE $9.50 45251 IOX-NFCREADER AFMFE $61.75 45061 20 NFC Fobs AFMFE $63.65 45061 20 NFC Stickers AFMFE $63.65 Prnrh in rnrlp Prnrinrt IUamp Page 57 of 61 I ict Prirp 430 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing Installation & Pro Services Upfront Install & Pro Service Charges 46011 Standard Install with Standard Cable $99.75 44431 Extended Install with T Cable $118.75 44341 Offsite Install Fee $242.25 44391 3 Wire Standard Install $133.00 44301 Driver ID Install $23.75 44231 Standard PTO Install $23.75 44411 Non -Standard PTO Install $80.75 4433J Remove and Reinstall $123.50 4444J Remove & Reinstall with Cable $142.50 4402J Professional Services Fee Install $142.50 44451 No -Show Install Fee $47.50 46021 Secure Tech Install Fee $380.00 Activation & Shipping 44171 Shipping, handling, Prep (per installation location) $40.18 Page 58 of 61 431 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing AT&T Dedicated Internet (ADI) Solutions Continued Product Code Monthly Recurring Charges ADI-1GB VPN -C One Time Charges Product Name AT&T Dedicated Internet (ADI) connection (1 GB) VPN Concentrator List Price $7,000/Month $750/Month Install -Svcs Installation of VPN Concentrator $3,000/per device *AT&T Dedicated Internet as well as the VPN Concentrator options are intended to be used in conjunction with AT&T mobility services only. Pricing is subject to change based on the specific location. Page 59 of 61 432 *AT&T Dedicated Internet (ADI) Solution AT&T AT&T Dedicated Internet provides carrier class, fiber based, synchronous internet connectivity Product Code Monthly Recurring Charges ADI-1GB VPN -C One Time Charges Product Name AT&T Dedicated Internet (ADI) connection (1 GB) VPN Concentrator List Price $7,000/Month $750/Month Install -Svcs Installation of VPN Concentrator $3,000/per device *AT&T Dedicated Internet as well as the VPN Concentrator options are intended to be used in conjunction with AT&T mobility services only. Pricing is subject to change based on the specific location. Page 59 of 61 432 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing EQUIPMENT DISCOUNTS CONTRACT DISCOUNT 50% Off AT&T ABS/SBS Equipment Grid National CRU Equipment Discount Contract Reference Price (NCRP) 30% Off AT&T ABS/SBS Equipment Grid National CRU Accessory Discount Contract Reference Price (NCRP) Government Employee Discount EMPLOYEE DISCOUNTS https://www.att.com/offers/discount- program/government-employees.html IRU Employee Discount Reference Foundation Account Number (FAN) 17% 4599651 IRU Accessory Discount 25% AT&T Government Reference Guide https://www.wireless.att.com/busin esscenter/enterprise-reference- guide/index.isp?wtLinkName=Enter priseGovernmentReferenceGuide& wtLinkLoc=RN AT&T FirstNet https://www.firstnet.com/marl(etin g/index.html#/marketing/index/ho me Page 60 of 61 433 Contract No.: DMS -19/20-006A Attachment D, Exhibit 1 - Vendor's Services and Discounts Pricing FirstNet Responder Network Authority https://firstnet.gov/ AT&T Service Coverage Maps http://www.att.com/maps/wireless- coverage.html AT&T Mobile Phone & Device Tutorial https://www.att.com/esupport/mai n.html#!/wireless Revision 05/14/2021 Page 61 of 61 434 Contract No.: DMS -19/20-006A Attachment D, Exhibit 2 - Vendor's Device List AT&T MCS CONTRACT DEVICE PRICE LIST Smartphone Pricing (Qualified Upgrades & New Line Activations) Reauired rate plans: Voice 515.99 or greater with $45.00 or greater data add-on Feature Phone Pricine (Qualified Uaerades & New Line Activations Data Modems and Hotspots (Qualified Upgrades & New Line Activations) Required rate plans $50.00 or greater AT&T Global Model USB800 6021C $179.99 $0.99 Nighthawk LTE Mobile Hotspot Router Model 6420B $249.99 $0.99 Unite Express 2 Mobile Hotspot 6778B $144.99 $0.99 Inseego MIFI 8000 6465C, 6580C $179.99 $0.99 Nighthawk 5G Mobile Hotspot Pro Router 6226C $509.99 $199.99 Apple iPhone XR (64GB) 6694C, 6590B, 6592B, 6593B, 6595B, 6596B $499.99 $0.99 Apple iPhone 11 (64GB) 6167C, 6154C, 6140C, 6153C, 6126C, 6136C $599.99 $0.99 Apple iPhone 11 Pro (64GB) 6132C, 6139C, 6149C, 6146C $899.99 $349.99 Apple iPhone 11 Pro Max (64GB) 6143C, 6142C, 6151C, 6166C $999.99 $449.99 Apple iPhone 12 (64GB) 6859C, 6858C, 6860C, 6861C, 6862C $799.99 $249.99 Apple iPhone 12 Pro (128GB) 6873C, 6874C, 6875C, 6876C $999.99 $449.99 Apple iPhone 12 Pro Max (128GB) 6874C, 6873C, 6875C, 6876C $ 1,099.99 $549.99 Kyocera DuraForce Pro 2 (32GB) 67588, 6534C, 6536C $449.99 $0.99 Samsung S20 5G (128GB) 6535C, 6534C, 6536C $999.99 $349.99 Samsung Galaxy S20 FE 5G (128GB) 6691C, 6693C, 6692C $699.99 $0.99 Samsung Galaxy S21 5G (128GB) 6919C, 6920C, 6921C $799.99 $99.99 Samsung Galaxy S21+ 5G (128GB) 6923C, 6924C, 6926C $999.99 $199.99 Samsung Galaxy xCover Pro (64GB) 6698C $509.99 $0.99 Sonim XP8 (64GB) 64018 $699.99 $49.99 Feature Phone Pricine (Qualified Uaerades & New Line Activations Data Modems and Hotspots (Qualified Upgrades & New Line Activations) Required rate plans $50.00 or greater AT&T Global Model USB800 6021C $179.99 $0.99 Nighthawk LTE Mobile Hotspot Router Model 6420B $249.99 $0.99 Unite Express 2 Mobile Hotspot 6778B $144.99 $0.99 Inseego MIFI 8000 6465C, 6580C $179.99 $0.99 Nighthawk 5G Mobile Hotspot Pro Router 6226C $509.99 $199.99 435 Contract No.: DMS -19/20-006A Attachment D, Exhibit 2 - Vendor's Device List FirstNet Smartphone Pricing (Qualified Upgrades & New Line Activations) Reauired FirstNet rate plans: $39.99 or greater rate plan MANUFACTURER/MODEL PRODUCT SKU RETAIL PRICE PROMOTIONAL, 'PRICE'' Apple iPhone XR (64GB) 6694C, 65906, 6592B, 65936, 6595B, 6596B $499.99 $0.99 Apple iPhone 11 (64GB) 6167C, 6154C, 6140C, 6153C, 6126C, 6136C $599.99 $0.99 Apple iPhone 11 Pro (64GB) 6132C, 6139C, 6149C, 6146C $899.99 $299.99 Apple iPhone 11 Pro Max (64GB) 6143C, 6142C, 6151C, 6166C $999.99 $399.99 Apple iPhone 12 (64GB) 6859C, 6858C, 6860C, 6861C, 6862C $799.99 $199.99 Apple iPhone 12 Pro (128GB) 6873C, 6874C, 6875C, 6876C $999.99 $399.99 Apple iPhone 12 Pro Max (128GB) 6874C,6873C,6875C,6876C $ 1,099.99 $499.99 Kyocera DuraForce Pro 2 (32GB) 6758B, 6534C, 6536C $449.99 $0.99 Samsung S20 5G (128GB) 6535C, 6534C, 6536C $999.99 $299.99 Samsung Galaxy S20 FE 5G (128GB) 6691C, 6693C, 6692C $699.99 $0.99 Samsung Galaxy S21 5G (128GB) 6919C, 6920C, 6921C $799.99 $49.99 Samsung Galaxy S21+ 5G (128GB) 6923C, 6924C, 6926C $999.99 $149.99 Samsung Galaxy xCover Pro (64GB) 6698C $509.99 $0.99 Sonim XP8 (64GB) 6401B $699.99 $0.99 FirstNet Feature Phone Pricing (Qualified Upgrades & New Line Activations) Required FirstNet rate pians: voice X22.99 or greater MANUFACTURER/MODEL PRODUCT SKRETAIL PROMOTIONAL U PRICE � � � PRICE Sonim XP5s (16GB) 64028 $339.99 $0.99 Sonim XP3 (16GB) 6823B $189.99 $0.99 FirstNet Modems and Hotspots (Qualified Upgrades & New Line Activations) uired FirstNet rate plans 1)22.uu or greater AT&T Global Model USB800 6021C $179.99 $0.99 Nighthawk LTE Mobile Hotspot Router Model 6420B $249.99 $0.99 Unite Express 2 Mobile Hotspot 67788 $144.99 $0.99 Inseego MIFI 8000 6465C, 6580C $179.99 $0.99 Nighthawk 5G Mobile Hotspot Pro Router 6226C $509.99 $149.99 436 Contract No.: DMS -19/20-006A Attachment D, Exhibit 2 - Vendor's Device List Unlocked Smartphone Pricing (No Term Committment Pricing) IVO Activation or Kate rlan Kequirements MANUFACTURER/MODEL PRODUCT SKU RETAIL Price PRICE Apple Whone 11 (64GB) 6167C, 6154C, 6140C, 6153C, 6126C, 6136C $599.99 $599.99 Samsung S20 5G (128GB) 6535C, 6534C, 6536C $999.99 $999.99 ADDITIONAL DEVICES AND PRICING ARE AVAILABLE UPON REQUEST (The majority of AT&T Devices and accessories are located at httos://www.att.com/buy/phones/. The above pricing does not reflect any additional Corporate promotions or discounts that may apply. Contact your AT&T sales representative for clarification. Promotional Pricing above valid through 12/31/2021. 437 STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES ITN NO: DMS -19/20-006 MOBILE COMMUNICATION SERVICES (MCS -2) REQUEST FOR BEST AND FINAL OFFER DUE: May 14, 2021 BY 11:59 PM ET INTRODUCTION Pursuant to the Mobile Communication Services ITN Sections 4.4.3., Revised Replies and Best and Final Offers, and 4.4.4, Other Department Rights During Negotiations, the Department requests a Best and Final Offer. Please submit the Best and Final Offer by 11:59 PM ET on May 14, 2021, to the Procurement Officer, Caitlen Boles, at C ii.tllen.B Iles _di Respondents must email the Best and Final Offer with files attached as a .pdf or in their native format (.docx or .xlsx where applicable) to the Procurement Officer. If the Best and Final Offer exceeds the file limit to submit via email, the Respondent must submit its Best and Final Offer on a thumb drive to the Procurement Officer by the above -stated deadline. Best and Final Offers are expressly understood to be for the provision of services and features with no minimum guaranteed purchase of services or features. All revisions made by the Department to the attachments provided with this Request for Best and Final Offer are reflected in track changes; track changes reflect changes made to the original documents posted with the ITN, and as modified by Addendum No. 2. Any Respondent -proposed edits not reflected in the attachments were deemed not acceptable to the Department. Do not make any changes, revisions, exceptions, or deviations to the Department's language in the provided documents. BEST AND FINAL OFFER SUBMISSION The Best and Final Offer must include the following requested documents: A. ATTACHMENT A — FINAL STATEMENT OF WORK Please submit a response to each subsection in Attachment A— Final Statement of Work where a response is requested, including Section 4 Public Safety if the Respondent is proposing public safety services. Identify all modifications and/or revisions, if any, to the responses provided in the Statement of Work from Respondent's initial ITN Reply via track changes. B. ATTACHMENT B — FINAL CONTRACT By submitting a Best and Final Offer, the Respondent confirms acceptance of Attachment B — Final Contract, as is; do not make any changes, revisions, exceptions, or deviations. C. ATTACHMENT C — FINAL SERVICE LEVEL AGREEMENTS By submitting a Best and Final Offer, the Respondent confirms acceptance of Attachment C— Final Service Level Agreements, as is; do not make any changes, revisions, exceptions, or deviations. 438 D. FINAL VENDOR'S DEVICE LIST AND VENDOR'S SERVICES AND DISCOUNTS PRICING (EUPL) Please submit Vendor's Device List and Vendor's Services and Discounts Pricing. If the Respondent is proposing public safety plans and devices, these shall be included within these documents. The Respondent is required to submit a Vendor's Device List and Vendor's Services and Discounts Pricing that includes the Respondent's best pricing for the Department's consideration based on the revisions contained in the Request for Best and Final Offer and attachments. Given these revisions made by the Department, the Department is anticipating reductions in the Respondent's pricing. The Vendor's Device List and Vendor's Services and Discounts Pricing must comply with ITN Section 3.10, Respondent's Pricing. Pricing in either document shall not include State of Florida and Federal Taxes. Taxes are defined here to include payments that the Contractor is required to collect by law and pay to public entities. E. WIRELESS SERVICE GUIDES Please submit the services guide with the terms agreed upon in negotiations. If awarded a contract, the intent is for these terms to be incorporated into the EUPL by reference. SUPPLEMENTAL INFORMATION The Best and Final Offer shall constitute the Respondent's final Reply to this ITN and should be reflective of all terms and conditions applicable to the Respondent's proposed services. Should the Respondent's BAFO response contain website references, that are external to the documents, the information referenced on the website should be provided in the BAFO response. However, if the information has been previously supplied to the negotiation team in the information request in January and no changes have been made, it is not necessary to resubmit. The Respondent is under no obligation to submit a Best and Final Offer; however, the Respondent will no longer be considered for an award if the Department does not receive a Best and Final Offer. By the submission of its Best and Final Offer, the Respondent certifies that, if awarded a Contract, it will comply with all terms and conditions found in the aforementioned documents included with this Request for Best and Final Offer. REDACTED COPY If the Respondent considers any portion of the documents, data, or records submitted to the Department to be trade secret or otherwise exempt from public inspection or disclosure pursuant to Florida's Public Records Law, the Respondent must provide the Department with a separate, electronic redacted copy of the Best and Final Offer in accordance with Section 3.8 of the ITN. STATE OF FLORIDA EMPLOYEE DISCOUNTS If the Respondent intends to offer any discounted pricing to State of Florida employees (including state agencies, OEUs, or their retirees), please provide the discount percentage in the Best and Final Offer. Please note that the decision to offer discounted rates is wholly within the Respondent's discretion and will NOT be considered as part of the State's best value determination (see ITN Section 4.5, Final Selection and Notice of Intent to Award Contract). 439 Department of MANAGER SERVICES We serve those who serve Florida Contract No. DMS -19/20-006A Attachment F - ITN DMS -19/20-006 INVITATION TO NEGOTIATE FOR 4051 EsplWay anade Tallahassee, FL •• 0•0 850-488-2786 Ron DeSantis, Governor Jonathan R. Satter, Secretary MOBILE COMMUNICATION SERVICES ITN NO: DMS -19/20-006 THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES Procurement Officer: Caitlen Boles Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 335.3Y Tallahassee, FL 32399-0950 Phone: (850) 410-1423 Email: DMS.Purchasinq(cb_dms.myflorida.com Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850-9226312, or by email at agency clerk(a)dms.myflorida.com. It is the filing party's responsibility to meet all filing deadlines. NOTICE PURSUANT TO SECTION 287.057(23), FLORIDA STATUTES Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. ITN No.: DMS -19/20-006 Page 1 of 32 Mobile Communication Services 440 TABLE OF CONTENTS SECTION1. INTRODUCTION...................................................................................................4 1.1 Solicitation Objective.........................................................................................................4 1.2 Background........................................................................................................................4 1.3 Term...................................................................................................................................4 1.4 Questions Being Explored.................................................................................................4 1.5 Goals of the ITN.................................................................................................................4 1.6 Special Accommodations..................................................................................................5 1.7 Procurement Officer...........................................................................................................5 1.8 Timeline of Events.............................................................................................................5 SECTION 2. SOLICITATION PROCESS...................................................................................7 2.1 General Overview..............................................................................................................7 2.2 Questions and Answers.....................................................................................................8 2.3 Addenda to the Solicitation................................................................................................8 2.4 Receipt of Replies..............................................................................................................8 2.5 Respondent Firm Offer......................................................................................................9 SECTION 3. GENERAL INSTRUCTIONS.................................................................................9 3.1 General Instructions to Respondents (PUR 1001 Form)..................................................9 3.2 M FM P Registration..........................................................................................................10 3.3 Florida Substitute Form W-9 Process.............................................................................11 3.4 Website References........................................................................................................11 3.5 How to Submit a Reply....................................................................................................11 3.6 Mandatory Responsiveness Requirements....................................................................12 3.7 Contents of Reply............................................................................................................12 3.8 Public Records, Respondent's Confidential Information, and Redacted Replies ..........14 3.9 Additional Information......................................................................................................16 3.10 Respondent's Pricing.......................................................................................................16 SECTION 4. SELECTION METHODOLOGY..........................................................................19 4.1 Responsiveness and Responsibility................................................................................19 4.2 Evaluation Process - General Overview.........................................................................20 4.3 Evaluation of the Reply....................................................................................................20 4.4 Negotiations.....................................................................................................................21 4.5 Final Selection and Notice of Intent to Award Contract..................................................24 SECTION5. AWARD...............................................................................................................24 5.1 Rights for Award..............................................................................................................24 5.2 Agency Decision..............................................................................................................25 ITN No.: DMS -19/20-006 Page 2 of 32 Mobile Communication Services 441 5.3 Other Reserved Rights.................................................................................................... 25 5.4 No Contract until Execution.............................................................................................25 Attachments: AttachmentA— Statement of Work Attachment B — Draft Contract Attachment C — Service Level Agreements Attachment D — Business Case Attachment E — Definitions and Acronyms Forms: FORM 1 — CONTACT INFORMATION FORM 2 — NOTICE OF CONFLICT OF INTEREST FORM 3— NON -COLLUSION STATEMENT FORM 4 — STATEMENT OF NO PRIOR DISQUALIFYING INVOLVEMENT FORM 5 — MANDATORY RESPONSIVENESS REQUIREMENTS FORM 6— BUSINESS EXPERIENCE ITN No.: DMS -19/20-006 Page 3 of 32 Mobile Communication Services 442 SECTION 1. INTRODUCTION 1.1 Solicitation Objective The State of Florida (State), Department of Management Services (Department or DMS) is seeking to establish, through this Invitation to Negotiate (ITN), a contract or contracts (Contract) for cellular voice and data services, secure access to MyFloridaNet (through cellular data -only devices), and other related telecommunication services, cellular phones, associated devices, accessories and features, collectively referred to herein as Mobile Communication Services (MCS). MCS is part of the DMS SUNCOM group of contracts providing voice and data services to SUNCOM Customers. The Department intends to award multiple Contracts but reserves the right to award to one Respondent or to make no award. The resulting Contract(s), if any, will be used by State agencies and other authorized entities, collectively referred to as "Customers," in accordance with Chapter 282, Florida Statutes. If more than one (1) Contract is awarded, then the use of the terms "Contract," "Contractor," "Reply," and "Respondent" include the plural when applicable. 1.2 Background Prior to issuance of this solicitation, the Department contracted with a private vendor to assist in the development of a business case for MCS, in accordance with section 287.0571, Florida Statutes. The business case examined options for the future path of MCS and recommended that the Department issue an ITN for the services. That Mobile Communication Services Business Case is attached to this procurement as Attachment D — Business Case for background informational purposes only and does not contain specifications for this solicitation. The Department has estimated that the annual total enterprise expenditures on the Contract resulting from this solicitation will be approximately $85 million. This estimate is for informational purposes only. Under no circumstances should this estimate be construed as representing actual, guaranteed, or minimum spend under any new Contract. 1.3 Term The term of the Contract will be five (5) years. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part for up to five (5) additional years. Renewals are contingent upon satisfactory performance evaluations by the Department and are subject to the availability of funds (see section 287.057(13), Florida Statutes). 1.4 Questions Being Explored a) What is the best model for delivery of cost-efficient and high-quality MCS, including nationwide coverage? b) What service options meet a variety of Customer needs? c) How we the Department maintain competitive pricing throughout the initial and renewal year of the Contract? d) What is the best model for the Department to achieve the objectives state in Attachment — Statement of Work (SOW), Subsection 1.3? 1.5 Goals of the ITN The goals of this ITN are to establish: a) The delivery of cost-efficient and high-quality MCS, including nationwide coverage; b) Service options to meet a variety of Customers' needs; ITN No.: DMS -19/20-006 Mobile Communication Services Page 4of32 443 c) Competitive pricing throughout the initial and any renewal years of the Contract; and d) The objectives stated in Attachment A - Statement of Work (SOW), Subsection 1.3. 1.6 Special Accommodations Any person requiring a special accommodation due to a disability should contact the Department's Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 or ADA. Coordinator(aDdms.fl.gov. Requests for accommodation for meetings must be made at least five (5) Business Days prior to the meeting. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD). 1.7 Procurement Officer The Procurement Officer is the sole point of contact for this procurement. Direct all contact with the Department to the Procurement Officer in writing by email. Caitlen Boles Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 335.3Y Tallahassee, FL 32399-0950 Phone: (850) 410-1423 Email: dms.purchasing(a�dms.myflorida.com ***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS TO THE PROCUREMENT OFFICER*** If a Respondent is claiming that any portion of an email is trade secret under section 812.081, Florida Statutes, or otherwise confidential under Florida or Federal Law, the Respondent is to place the word "Confidential" in the subject line. (See Subsection 3.8.4, How to Claim Trade Secret or Other Exemptions, of this ITN for more information on confidential information.) Any contactwith the Department by an affiliate, a person with a relevant business relationship with a Respondent, or an existing or prospective subcontractor to a Respondent is assumed to be on behalf of a Respondent unless shown otherwise. 1.8 Timeline of Events The table below contains the anticipated Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Respondent's responsibility to check the VBS for any changes. The Respondent is responsible for ensuring the Department receives all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda). TIMELINE OF EVENTS Event Events Time Event Date (ET) ITN posted on the VBS. October 7, 2020 October 28, Deadline to submit questions to the Procurement Officer. 3:00 PM 2020 ITN No.: DMS -19/20-006 Mobile Communication Services Page 5 of 32 444 TIMELINE OF EVENTS Event Events Time Event Date (ET) Department's anticipated posting of answers to Respondent's November9, questions on the VBS. 2020 Deadline to submit Reply and all required documents to the November23, 2:00 PM Procurement Officer. 2020 Public Opening. Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950 Please join my meeting from your computer, tablet or smartphone. https:Hqlobal.gotomeeting.com/moin/l 98062149 You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 3:00 PM November23, 2020 Access Code: 198-062-149 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 198 062 149 Or dial directly: 198062149@67.217.95.2 or 67.217.95.2##1 98062149 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https:Hqlobal.gotomeeting.com/install/l 98062149 December 1, Anticipated Evaluations Phase. 2020 to December 30, 2020 Anticipated Negotiations Phase. January 4, 2021 to April 12, 2021 Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way 10:00 April 19, 2021 AM Please join my meeting from your computer, tablet or smartphone. https:Hqlobal.gotomeeting.com/moin/432429477 ITN No.: DMS -19/20-006 Mobile Communication Services Page 6of32 445 TIMELINE OF EVENTS Event Events Time Event Date (ET) You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 Access Code: 432-429-477 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 432 429 477 Or dial directly: 432429477@67.217.95.2 or 67.217.95.2##432429477 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://qlobal.gotomeeting.com/install/432429477 Anticipated date to post Notice of Intent to Award on the VBS. April 26, 2021 Anticipated Contract Execution. May 2021 SECTION 2. SOLICITATION PROCESS 2.1 General Overview The ITN is a method of competitively soliciting contractual services under section 287.057(1)(c), Florida Statutes. This solicitation will be administered through the Vendor Bid System (VBS). Vendors interested in submitting a Reply are to comply with all terms and conditions described in this solicitation. The Department will hold a public opening of the Replies at the date, time, and location provided in the Timeline of Events. The ITN process is divided into two (2) phases: the evaluation phase and the negotiation phase. The evaluation phase involves the Department's evaluation of Replies in accordance with this ITN. During this phase, the Department evaluates all Responsive Replies using the assessment scale against all evaluation criteria to establish a competitive range of Replies reasonably susceptible of award. The Department then selects one (1) or more Respondents within the competitive range with which to commence negotiations. The negotiation phase involves negotiations between the Department Respondents whose evaluated Replies were determined to be within the accordance with this ITN. During this phase, the Department may request best and final offers (BAFOs) based on the negotiations. ITN No.: DMS -19/20-006 Mobile Communication Services and one or more competitive range, in revised Replies and Page 7of32 !ElH Once negotiations have concluded and BAFO(s) have been received and reviewed, the Department will hold a negotiation team public meeting to recommend Contract award(s). The Department intends to post a notice of Intent to Award Contract(s), identifying the responsive and responsible vendor(s) that provide the best value to the State based on the selection criteria set forth in Subsection 4.5, Final Selection and Notice of Intent to Award Contract, of the ITN. Any reservation or listing of reservations of the Department's rights provided in this ITN is not intended to be exhaustive and shall not be construed to limit the rights of the Department in conducting this procurement. 2.2 Questions and Answers Respondents will submit all questions during the Question and Answer period in writing to the Procurement Officervia email. The deadline for submission of questions is reflected in Subsection 1.8, Timeline of Events. The Department requests that all questions have the solicitation number in the subject line of the email and be submitted in the following format: Questions will not constitute a formal protest of the specifications of the solicitation. Department answers to written questions will be issued by addendum via the VBS. 2.3 Addenda to the Solicitation The Department reserves the right to modify this solicitation by issuing addenda posted on the VBS. It is the responsibility of the Respondent to check the VBS for information and updates. 2.4 Receipt of Replies 2.4.1 Reply Deadline The Respondent is responsible for ensuring the Department receives the Reply no later than the date and time provided in Subsection 1.8, Timeline of Events, of this ITN (or as revised by addenda). Address the Reply to the Procurement Officer at: Caitlen Boles Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 335.1X Tallahassee, FL 32399-0950 Phone: (850) 410-1423 Email: DMS.Purchasing(a-)dms.myflorida.com All methods of delivery or transmittal to the Procurement Officer are exclusively the responsibility of Respondents, and the risk of non -receipt or delayed receipt shall be borne exclusively by the Respondents. ITN No.: DMS -19/20-006 Mobile Communication Services Page 8of32 447 2.4.2 Clarifications to Replies No changes, modifications, or additions to the Replies will be allowed after the Replies have been opened, except as negotiated during the negotiation phase. However, the Department reserves the right to seek clarifications from any Respondent at any time. 2.5 Respondent Firm Offer The Department may enter into a Contract within three hundred and sixty-five (365) calendar days after the date the Notice of Intent to Award is posted, during which period Replies shall remain firm and shall not be withdrawn. If a Contract is not executed within three hundred and sixty-five (365) days, the Replies shall remain firm until either the Contract is executed or the Department receives from a Respondent written notice that the Reply is withdrawn. SECTION 3. GENERAL INSTRUCTIONS 3.1 General Instructions to Respondents (PUR 1001 Form) The PUR 1001 Form, General Instructions to Respondents, is incorporated by reference into this solicitation but is superseded to the extent set forth herein. The form can be accessed at: http://www.dms.mVflorida.com/business operations/state purchasing/documents forms referenc es resources/purchasing forms. Sections 3, 5, 9, and 14 of the PUR 1001 Form are inapplicable and are replaced as follows: Section 3. Electronic Submission of Offers Replies shall be submitted in accordance with Subsection 3.5, How to Submit a Reply. Section 5. Questions Submit questions in accordance with Subsection 2.2, Questions and Answers. Section 9. Respondent's Representation and Authorization. In submitting a Reply, the Respondent understands, represents, and acknowledges the following: • The Respondent is not currently under suspension or debarment by the State or any other governmental authority. • The Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract. • The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Reply. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any Respondent or potential Respondent, and they will not be disclosed before the solicitation opening. • The Respondent has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, ITN No.: DMS -19/20-006 Mobile Communication Services Page 9of32 448 collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or a position involving the administration of funds: ■ Has within the preceding three (3) years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or ■ Has within a three-year period preceding this certification had one (1) or more federal, state, or local government contracts terminated for cause or reason of default that would impair the Respondent's ability to deliver the commodities or contractual services of the resultant contract. • The commodities or contractual services offered by the Respondent will conform to the specifications without exception. • The Respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Reply, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the Reply. • The Respondent shall indemnify, defend, and hold harmless the Department and Customers, and their employees, against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent's Reply. • All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Department of the true facts relating to submission of the Reply. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817, Florida Statutes. • If at any point during the course of the procurement, circumstances change so that any of the above acknowledgements are no longer true, the Respondent will notify the Procurement Officer as soon as practicable. Section 14 — Firm Response The offerwill be held firm in accordancewith Subsection 2.5, Respondent Firm Offer. 3.2 MFMP Registration The awarded Respondent(s), if any, must have completed this process prior to Contract execution. For additional information, please visit: https://Respondent.myfIoridamarketplace.com/. The awarded Respondent(s) will be required to pay the required MFMP transaction fee(s) as specified in Subsection 3.7, MyFloridaMarketPlace Transaction Fee, of Attachment B - Draft ITN No.: DMS -19/20-006 Mobile Communication Services Page 10 of 32 449 Contract, unless an exemption has been requested and approved pursuant to Rule 60A-1.031, Florida Administrative Code. 3.3 Florida Substitute Form W-9 Process A State of Florida contractor must have registered and completed an electronic Florida Substitute Form W-9. The Internal Revenue Service (IRS) receives and validates the information Respondents provide on the Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit: http://www.myfloridacfo.com/Division/AA/StateAgencies/W-9instructionsO22212. pdf The awarded Respondent(s), if any, must have completed this process prior to Contract execution. 3.4 Website References Respondents should not incorporate or reference dynamic links that are external to the Reply documents. Provide screen shots in lieu of references to websites. References to dynamic links (Universal Resource Locators) will not be considered as part of the Respondent's Reply. 3.5 How to Submit a Reply Respondents are responsible for submitting their Replies by the date and time specified in the Timeline of Events of this solicitation. Respondents are to submit the Reply in a sealed package containing the following: 3.5.1 One (1) hard copy of a cover letter as specified in Section 3.7, Contents of Reply. 3.5.2 One (1) electronic Reply in Adobe (.pdf) on a USB flash drive (CD/DVD format is also acceptable). Files are to be organized in accordance with Section 3.7, Contents of Reply. The Vendor's Device List; Vendor's Services and Discounts Pricing; and Vendor's Services and Discounts Pricing, Public Safety (if submitting), should be submitted in either Adobe (.pdf) or Microsoft Excel. 3.5.3 If applicable, one (1) electronic redacted copy of the entire Reply on a USB flash drive (CD/DVD format is also acceptable), as described in Subsection 3.8, Public Records, Respondent's Confidential Information, and Redacted Replies, of this ITN. Large files should be scanned as separate files. All electronic documents are to be searchable to the fullest extent practicable. Clearly mark on the outside of the sealed package the solicitation number, company name, and Procurement Officer name. Submit Replies to the Procurement Officer at the address listed in Subsection 1.7, Procurement Officer. Prepare Replies simply and economically, providing a straightforward, concise delineation of the Respondent's capabilities to satisfy the requirements of this solicitation. The emphasis of each Reply should be on completeness and clarity of content. Replies that are not timely submitted with all required information may be deemed nonresponsive. The risk of submitting a blank or unreadable USB flash drive or CD/DVD rests with the Respondent. ITN No.: DMS -19/20-006 Mobile Communication Services Page 11 of 32 450 3.6 Mandatory Responsiveness Requirements The Department will not evaluate Replies that do not meet the minimum mandatory requirements listed below. Responses to the SOW will be scored at the evaluation phase. Responses to the SOW and evaluator scores will not be used to determine the responsiveness of the Replies. The Department reserves the right to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the State. 3.6.1 The Respondent must be, at the time of Reply submittal, a facilities -based mobile wireless service provider with a network that covers at least 90% of the nation's non -rural population. A Respondent which has been determined by the Federal Communications Commission (FCC) to be a "nationwide service provider" in the Consolidated Communications Marketplace Report — 2018, paragraph 6, page 4, and paragraph 44, page 37, is presumed to meet this coverage requirement. A Respondent not listed in the above-mentioned FCC report as a nationwide service provider must submit documentation showing that it has been independently verified by a government entity as meeting these coverage requirements. The report is located here: https:Hdocs.fcc.gov/public/affachvments/FCC-18-l8lAl.pdf The certifications required in Subsections 3.6.2 through 3.6.4 must be accomplished through the execution of Form 5, Mandatory Responsiveness Requirements, below. A Reply will be deemed nonresponsive if it fails to contain a signed Form 5. 3.6.2 The Respondent must certify that it is in compliance with Subsection 3.1, General Instructions to Respondents (PUR 1001 Form), of this ITN. 3.6.3 The Respondent must certify that neither it, nor its affiliates, is a convicted vendor or a discriminatory vendor as described in sections 287.133 and 287.134, Florida Statutes, respectively. 3.6.4 The Respondent must certify that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, and is not participating in a boycott of Israel. 3.6.5 The Respondent must certify that it is currently authorized to do business with the State, or will obtain authorization through the Department of State, Division of Corporations, should the Respondent be awarded the Contract, prior to Contract execution. Website: www.sunbiz.org 3.7 Contents of Reply All Replies are to be organized in sections as directed below. Submit the sections of the Reply in one (1) sealed package to the Procurement Officer, organized as follows: 1. A cover letter on the Respondent's letterhead with the following information: a. Company name and physical address; b. Primary location from where the work will be performed; ITN No.: DMS -19/20-006 Page 12 of 32 Mobile Communication Services 451 c. Contact information for primary point of contact, including phone number and email address; and d. Federal Employer Identification (FEID) Number. 2. Completed forms: FORM 1 —CONTACT INFORMATION FORM 2 — NOTICE OF CONFLICT OF INTEREST FORM 3 — NON -COLLUSION STATEMENT FORM 4 — STATEMENT OF NO PRIOR DISQUALIFYING INVOLVEMENT FORM 6 — BUSINESS EXPERIENCE 3. Mandatory Responsiveness Requirements: A signed FORM 5 — MANDATORY RESPONSIVENESS REQUIREMENTS. 4. Respondent's Reply to the Statement of Work (Technical Reply) Respondent will provide a response to each subsection in the SOW, where it is requested, by either inserting a narrative in the response blocks below the text of the numbered subsection (preferred method) or by attaching a narrative with a reference to the corresponding SOW subsection. Note: It is the Respondent's responsibility to ensure responses are properly aligned with the corresponding SOW sections. The Department will not be responsible for evaluating portions of responses that are improperly aligned with the SOW subsections. See also Subsection 1.1, Instructions for Response Blocks, of the SOW regarding SOW Reply instructions. Provide responses to the SOW in a font color for narrative that is different than the SOW font color. 5. Respondent's Experience Reply Respondent will provide an Experience Reply that provides all the information required by this section. The Respondent will supply a brief narrative of Respondent's prior relevant experience and ability to provide the proposed Wireless Voice Services (WVS) and Wireless Data Services (WDS) described in Attachment A — Statement of Work, including, at a minimum, a description of: a. Respondent's market penetration for WVS and WDS services. b. Respondent's experience providing services of similar scope to other public sector clients comparable to the State of Florida. c. Respondent's experience supporting devices and software systems of different manufacturers. List similar or like systems the Respondent has supported in the last three (3) years. d. Respondent's experience providing Highly -available, Highly -reliable telecommunications infrastructures and services. ITN No.: DMS -19/20-006 Mobile Communication Services Page 13 of 32 452 e. Respondent's experience providing sufficient staffing levels, local staffing, and a quality staff driven to proactively address issues. f. Proposed Key Staff — given the requirements in Sections 2.2 through 2.7 of Attachment A, Statement of Work: i. Describe in detail the proposed offering for key staff positions, addressing the minimum requirements listed in the Statement of Work. ii. Provide resumes for all persons being proposed for the key staff positions. iii. Provide a proposed Staffing Organizational Chart, including all staff (both key staff and non -key staff) that are anticipated to be assigned to the Contract, including names and titles (full-time and part-time). iv. Describe the proposed Customer Support Team model, including staffing levels, minimum qualifications, and average years of experience of the proposed team. 6. Letter of Bondability A letter signed on or after October 1, 2020, from a surety company or bonding agent authorized to do business in the State and written on company letterhead indicating the Respondent's ability to obtain a performance bond in the amount of at least five hundred thousand dollars ($500,000). For additional information see Section 16, Performance Bond, of Attachment B — Draft Contract. 7. Pricing and Devices Submit the following items in one (1) separate electronic file folder: o Vendor's Services and Discounts Pricing o Vendor's Services and Discounts Pricing, Public Safety, if the Respondent is proposing to provide services in accordance with SOW Section 4, Public Safety Service Plans and Devices o Vendor's Device List Note: The items submitted in this Pricing and Devices portion will not be evaluated or scored by the Department during the evaluation phase of the ITN, nor will these items be used to determine vendor responsiveness. The Department intends for these items to be utilized by the negotiation team to establish a baseline for service and pricing discussions with Respondents during the negotiation phase of the ITN. 3.8 Public Records, Respondent's Confidential Information, and Redacted Replies The following subsections supplement Section 19, Public Records, of the PUR 1001 Form, General Instructions to Respondents. By submitting a Reply, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent's determination that the redacted portions of its Reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Respondent fails to mark material exempt, or fails to submit a redacted copy of information it claims is confidential, the Department is authorized to produce, in their entirety, all documents, data, or records submitted to the Department in answer to a public records request for these records. However, no portion of a Reply will be produced in response to a public records request until such time as the Department provides notice of an intended decision with regard to this ITN or until thirty (30) days after opening the final Replies, whichever is earlier (see Section 3.8.3, Public Inspection, below, foradditional information). ITN No.: DMS -19/20-006 Mobile Communication Services Page 14 of 32 453 3.8.1 Electronic and Written Communications Unless exempted by law, all electronic and written communications pertaining to this ITN, whether sent from or received by the Department, are subject to Florida's broad Public Records Law, found in Chapter 119, Florida Statutes. 3.8.2 Replies Unless exempted by law, all materials submitted as part of a Reply to this ITN will become a public record subject to the provisions of Chapter 119, Florida Statutes. Selection or rejection of a Reply does not affect the public record status of the materials. 3.8.3 Public Inspection Unless exempted by law, all public records are subject to public inspection and copying under Chapter 119, Florida Statutes. As noted above, a time-limited exemption from public inspection is provided for the contents of Replies pursuant to section 119.071(1)(b), Florida Statutes. Once that exemption expires, all contents of Replies become subject to public inspection, unless another exemption applies. Any claim of trade secret exemption for any information contained in Respondent's Reply will be waived upon submission of the Reply to the Department, unless the claimed trade secret information is submitted in accordance with Subsection 3.8.4, How to Claim Trade Secret or Other Exemptions, below. This waiver includes any information included in the Respondent's Reply outside of the separately bound document described below. 3.8.4 How to Claim Trade Secret or Other Exemptions If a Respondent considers any portion of materials made or submitted in the course of replying to this ITN to be trade secret under section 812.081, Florida Statutes, or other applicable law, or otherwise confidential under Florida or federal law, in order to preserve the confidentiality of the material, the Respondent must clearly designate, in writing, that portion of the materials as "confidential" when submitted to the Department. The Respondent must submit all such information as a separately bound, unredacted document clearly labeled "Confidential, Unredacted Reply" together with a brief written description of the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption. The Respondent is to also simultaneously provide the Department with a separate, electronic redacted copy of its Reply. The file name of the electronic redacted copy is to contain the name of the Respondent, the ITN number, and redacted copy (e.g., Respondent Name DMS ITN _redacted copy.pdf). Prominently display the phrase "Redacted Copy" on the first page of the electronic redacted copy and each page on which information is redacted. The redacted copy is to be submitted no later than the Reply submittal deadline. Where such information is part of material already required to be submitted as a separately bound or enclosed portion of the Reply, further segregate it and separately bind or enclose and clearly label it as set forth above in addition to any other labeling required forthe material. Negotiation Meetings. If the Respondent is invited to negotiations, it will be incumbent upon the Respondent to identify, in real-time, portions of the Respondent's negotiation sessions that include references to materials and/or information the Respondent claims are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Respondent fails to inform the Department that any portion of the negotiation meetings should be considered confidential, proprietary, trade secret or otherwise not subject to ITN No.: DMS -19/20-006 Mobile Communication Services Page 15 of 32 454 disclosure, the Department is authorized to produce the audio recording in answer to a public records request for these records. The Respondent is responsible for defending its determination that the portions of the negotiation sessions are exempt and not subject to disclosure. 3.8.5 Public Records Request If a Respondent fails to mark any materials submitted to the Department as confidential, or fails to submit a redacted copy as provided in this section, or fails to claim, in real-time, portions of the negotiations sessions as exempt, the Respondent waives the exemption, and the Department may produce all of the Respondent's documents, data, or records or the Department's recordings of negotiation sessions to any person requesting a copy under Chapter 119, Florida Statutes. The Respondent exclusively bears the burden of complying with Subsection 3.8, Public Records, Respondent's Confidential Information, and Redacted Replies, to ensure its exempt information is appropriately marked and protected. If a requestor asserts a right to the confidential information, the Department will notify the Respondent that such an assertion has been made. It is the Respondent 's responsibility to assert that the information in question is exemptfrom disclosure under Chapter 119, Florida Statutes, or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the confidential information of the Respondent in a legal proceeding, the Department will give the Respondent prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law). The Respondent is responsible for defending its determination that the redacted portions of its Reply are confidential, proprietary, trade secret or otherwise not subject to disclosure. 3.8.6 Department Not Obligated to Defend Respondent's Claims The Department is not obligated to agree with a Respondent's claim of exemption and, by submitting a Reply, the Respondent agrees to defend its claim that each and every portion of the redacted material is exempt from inspection and copying under the Public Records Law. Further, by submitting a Reply, the Respondent agrees to protect, defend, indemnify and hold harmless the Department for any and all claims and litigation (including litigation initiated by the Department), including attorney's fees and costs, arising from or in any way relating to Respondent's assertion that the redacted portions of its Reply or portions of the negotiation sessions are trade secrets or otherwise exempt from public disclosure under Chapter 119, Florida Statutes. The Department may use counsel of its choosing to defend any such claims, and the Respondent shall promptly pay the Department's invoices for legal services on a monthly basis for all costs and expenses, including legal fees, incurred in defending such claims. 3.9 Additional Information By submitting a Reply, the Respondent certifies that it agrees to all criteria specified in this solicitation. The Department may request, and the Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive. 3.10 Respondent's Pricing Respondents are to submit pricing at the time of their Reply. Pricing should be submitted as if the terms and conditions of Attachment B— Draft Contract are final. There is no guaranteed minimum spend from the Department or the Customers. Respondents are instructed to only submit pricing forservices that are within the contemplated scope of this procurement, including additional options or features proposed by the Respondent that are in accordance with the SOW. ITN No.: DMS -19/20-006 Mobile Communication Services Page 16 of 32 455 If the proposed pricing includes services outside of the scope of the Contract, those services will not become part of the Contract and will neither be included in CSAB nor be offered to Customers. Pricing must be uniform with no variation for geographic location of service delivery. Respondents are encouraged to provide the best possible pricing at all times. Pricing submitted will be considered pricing for the initial and any renewal periods. Respondents' proposed pricing is inclusive of all government sanctioned surcharges and fees (as provided in the SOW, Subsection 5.6, Taxes and Government Sanctioned Fees) necessary to deliver the proposed services, unless otherwise separately identified in the Reply. The only additional costs permitted will be reasonable costs for expedited orders. 3.10.1 Vendor's Device List The Respondent should submit a Vendor's Device List of the Respondent's proposed devices and pricing, which will become part of the final Contract, as modified during negotiations. The Vendor's Device List should include all proposed devices, including, at a minimum, cellular phones, smartphones, tablets, broadband access devices (data -only), cellular mobile broadband devices (support for internet access), devices supporting secure access to MFN, and accessories. Devices may be shown with a variety of packages, with detailed pricing, and descriptions of associated services, devices and/or features. Any services, devices and/or features provided at no cost should be identified as $0.00. If the Respondent is proposing Public Safety services and devices, the Vendor's Device List may also include Public Safety wearables and other Public Safety wireless enabled devices. For all items listed below, the Vendor's Device List should include: manufacturerand model, vendor's identification number (SKU), vendor's commercially advertised retail price as of the date the Reply is submitted to the Department, State purchase price, and any promotional pricing, as well as the following device -specific information: 1) Smartphones a. Operating system, camera, removable memory, hearing aid compatibility, mode, and other features. b. At least one unlocked iPhone and one unlocked Android smartphone. 2) Air Cards and hotspots a. Mode, compatibility with 4G LTE, compatibility with 5G, compatibility with Apple Operating Systems (iOS, Mac OS), compatibility with Microsoft Operating systems (Windows), external antenna, and other features. 3) Tablets a. Operating system, camera, removable memory, and other features. 4) Basic Phones a. At least one basic phone that is available to Customers at no charge, other than the cost of the purchased service plan. 5) Accessories a. May include phone cases, tablet cases, headphones and ear buds, chargers, screen protectors, foldable keyboards, belt clips, and hands-free kits. 6) Public Safety Wearables ITN No.: DMS -19/20-006 Mobile Communication Services Page 17 of 32 456 3.10.2 Vendor's Services and Discount Pricing The Respondent should submit services and discount pricing, which will become part of the final Contract, as modified during negotiations. If bidding on the public safety portion of this procurement, the Respondent should also submit public safety -specific pricing. Respondents may mirror the formats of existing End User Price Lists (EUPLs), also referred to as User Rates, or createtheir own. The currentEUPLs can be found on this DMSwebsite: https://www.dms.myflorida.com/business operations/telecommunications/suncom2/voice services/mobile communication services. Respondent's should state prices as monthly recurring charges (MRC) or non-recurring charges (NRC). The Services and Discounts Pricing should include the following, at a minimum: 1) Non -pooled Plans a. Pricing and details of all non -pooled plans, which may include: i. Voice per minute rate plans: usage based, limited ii. Unlimited plans: voice; voice and text; voice, text, and data; voice, data, messaging, and hotspot iii. Messaging plans: limited and unlimited iv. Data only device plans: per megabyte data plan, data plan with tethering, data plan without tethering, and unlimited data b. Relevant unit pricing, including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. c. Description of services included in the monthly recurring costs, including the number of messages (SMS/MMS), minutes (anytime, nights, or weekends), data limits, and included features, such as call waiting. i. Detail how airtime and other measured usage are billed; for example, in full - minute increments, rounded up to the next full increment at the end of each call for billing purposes, unanswered outgoing calls incurring airtime. ii. Description of billing for calls directly dialing or receiving from the same carrier. iii. If the pricing changes for nights and weekends, describe the times the carrier deems are nights and weekends and any changes to charges during this time. iv. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 2) Pooled Plans a. Pricing and details of all pooled plans, which may include: i. Description of tiers, including the number of minutes included in the plans. b. Relevant unit pricing, including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. c. Describe: i. how the minutes are aggregated and credits are applied; ii. how a Customer can have more than one pool; iii. rollover minutes; iv. pool limitations, e.g., limits to the number of users; and v. included features, such as call waiting. 3) Push -to -Talk a. Pricing and details of all push -to -talk plans, which may include: i. Standalone push -to -talk and add-on push -to -talk plans. ii. Relevant unit pricing including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. ITN No.: DMS -19/20-006 Mobile Communication Services Page 18 of 32 457 iii. Description of services included in the monthly recurring costs and included features 1. Detail how measured usage is billed, for example, in full -minute increments, rounded up to the next full increment at the end of each call for billing purposes, or unanswered outgoing calls incurring airtime. 2. If the pricing changes for nights and weekends, describe the times the carrier deems are nights and weekends and any changes to charges during this time. 3. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 4) Machine -to -Machine a. Pricing and details of all machine -to -machine and internet of things service plans which may include: i. Description of tiers, including the usage caps of each tier. One (1) MB to twenty (20) GB requested, at minimum. b. Relevant unit pricing, including price per minute, variation of price per MB for nights and weekends, and monthly rollover of minutes or data. c. Description of services included in the monthly recurring costs and included features. i. Detail how measured usage is billed. ii. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 5) Discounts a. All proposed discounts off accessories and devices. b. State what published price the discount percentage applies to (MSRP, vendor published catalog, etc.). i. Describe any additional proposed discounts, such as 100% discount off activation fees. ii. Specific pricing for devices should be listed in the Vendor's Device List. 6) Additional Features, Fees, and Other Items a. Respondents may describe and detail any additional offerings that are contemplated within the SOW. i. These shall include surcharges and fees (see SOW Section 5.6, Taxes and Government Sanctioned Fees). ii. These may include chargeable features, such as robo-call blocking, mobile device management, etc. iii. Respondents may also suggest tiered pricing. iv. Where applicable, Respondents should detail the plan name and type, monthly recurring cost, etc. b. There will be no activation fees for services and devices purchased off the Contract. Current MCS contracts do not allow activation fees for services and devices. SECTION 4. SELECTION METHODOLOGY 4.1 Responsiveness and Responsibility The Department will determine which Respondents are responsive and responsible, and which have submitted a Responsive Reply that meets the requirements of this solicitation (see section ITN No.: DMS -19/20-006 Page 19 of 32 Mobile Communication Services 458 287.012, Florida Statutes). The Department will perform the initial responsiveness check. Replies found to be nonresponsive will not be evaluated. The Department reserves the right to act upon information discovered after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent. 4.2 Evaluation Process — General Overview The Department will appoint an evaluation team for the evaluation and scoring of the Responsive Replies for the evaluation phase. Each evaluator will be provided a copy of each Respondent's Reply that is deemed Responsive. The evaluators will score Replies against the evaluation criteria set forth in subsection 4.3, Evaluation of the Reply, in order to establish a competitive range of Replies reasonably susceptible of award. The Evaluation Summary Score Sheet Table, to be used by the Department to calculate evaluation scores, provides for the SOW sections that will be scored and the relative weights given to the scored sections. See subsection 4.4, Negotiations, for information on the negotiation phase of the ITN. All Replies that meet the Mandatory Responsiveness Requirements will be evaluated as described in section 4, Selection Methodology. 4.3 Evaluation of the Reply The evaluators will independently review and evaluate the Responsive Replies. Using the assessment scale below, the evaluators will assign scores zero (0) to four (4) based on the quality of each section of the Reply to the SOW. In determining the quality of a Reply, the evaluators will use the following guiding questions: • How well does the Reply demonstrate an understanding of the services requested? • How well does the Reply demonstrate the Respondent's ability to provide the services requested? • How well does the Reply address the requested services? Assessment Evaluator Score U nacceptable 0 Poor 1 Adequate 2 Good 3 Exceptional 4 4.3.1 Scoring Scoring, for purposes of determining the competitive range, will be a total of the evaluator's weighted scores for each Respondent for all scored sections of the SOW. ITN No.: DMS -19/20-006 Mobile Communication Services Page 20 of 32 459 The table below demonstrates the calculations the Department will use to determine the Respondent's Final Weighted Score, based on the raw scores given by the Evaluation Team members while evaluating the Respondent's Reply. The Raw Points scored for each section, by each evaluator, will be averaged together and then multiplied by the Weight Factor in the table below for each section. This calculation will render the Respondent's Weighted Scores for each section. The Respondent's Weighted Scores for each section will be added together to determine the Respondent's Final Weighted Score. EVALUATION SUMMARY SCORE SHEET Section Maximum Possible Raw Score Weight Factor Maximum Possible Weighted Score 1.6 Evolving Technology 4 X 50 = 200 2.1 Staffing Responsibilities 4 X 100 = 400 3.6 Wireless Data Services 4 X 75 = 300 3.10 State of Florida Coverage 4 X 50 = 200 3.12 Security 4 X 50 = 200 3.16 Highly Available and Highly Reliable Design Characteristics 4 X 25 = 100 3.17 Reports, Updates, and Notification Requirements 4 X 50 _ - 200 3.19 Customer Support 4 X 50 = 200 3.20 Contractor's MCS Portal 4 X 25 = 100 3.21 Devices 4 X 50 = 200 3.22 Cooperation with Other Contractors 4 X 25 = 100 3.23 Customer Migration 4 X 75 = 300 3.26 Project Management 4 X 25 = 100 Respondent's Experience Reply 4 X 300 = 1,200 Maximum Possible Final Weighted Score: 3,800 For additional instructions for replying to the SOW, see SOW subsection 1.1. For selection methodology, scoring, and weighting, see this ITN section 4, Selection Methodology. 4.3.2 Other Department Rights for Evaluation The Department reserves the right at any time during the Evaluation Process to: 1. Conceal pricing information from evaluators or provide an instruction to evaluators to disregard pricing information in their evaluation of a Responsive Reply. 2. Redact, omit, or provide instruction to evaluators to disregard any portions of a proposed offering which the Department determines are outside of the scope of this procurement. 4.4 Negotiations 4.4.1 Negotiations Process — General Overview After the evaluation of Replies based on the criteria identified above, the Department will establish a competitive range of Replies reasonably susceptible of award and will select one (1) or more Respondents within the competitive range to commence negotiations. ITN No.: DMS -19/20-006 Mobile Communication Services Page 21 of 32 M-1 The Department will establish a negotiation team to conduct the negotiations. The negotiation team will make a recommendation of (an) award(s) to the Respondent(s) that will provide best value based on the selection criteria in the ITN. The negotiation team will not be bound by evaluator scoring but may use the evaluator scoring as a reference tool during the negotiation process. The Department will require the Respondent(s) to provide the Vendor's Services and Discounts Pricing; Vendor's Services and Discounts Pricing, Public Safety (if proposing public safety services); and Vendors Device List if they were not originally included in the Respondent's Reply. All pricing submitted may be reduced during negotiations but cannot be raised unless the increase is reflected in the BAFO and is directly related to changes in offered services in the BAFO and as negotiated in accordance with this ITN. During the negotiation process, the Department also reserves the right to negotiate a la carte services, categories, and components of services. The format and content of any pricing submissions, including but not limited to BAFOs, may be amended during negotiations at the discretion of the negotiation team. The Department reserves the right to negotiate different terms, additional terms, and related price adjustments if the Department determines that such changes would provide the best value to the State. Additional operational requirements may be defined and clarifications required. The Department may require additional technical detail, diagrams, demonstrations, and documentation. The negotiation team may request proposed alternative terms or deliverables during negotiations, but it is under no obligation to accept proposed alternative terms or deliverables. The Department reserves the right to negotiate concurrently or sequentially with competing Respondent(s). Negotiations will not be open to the public but will be recorded. Recordings of negotiations and negotiation team strategy meetings will be subject to the provisions of section 286.0113, Florida Statutes. Negotiation meetings will be conducted in Tallahassee, Florida, if conducted in-person, or using technology-based solutions, if conducted remotely. The Department reserves the right to schedule in-person negotiations at a different location in the State. The Department may distribute an agenda in advance of any negotiation session. Representatives for each Respondent should plan to be available, at least by telephone, without interruptions, for the entirety of the Respondent's scheduled negotiation meeting(s). Negotiations will continue as determined by the negotiation team, until acceptable terms and conditions are agreed upon through a BAFO, if applicable, or it is determined that an acceptable agreement cannot be reached. The Department reserves the right to conclude negotiations at any time and proceed to Contract award. 4.4.2 Respondent Attendance at Negotiations The Department reserves the right to limit the number of representatives permitted to attend the negotiation sessions. 4.4.3 Revised Replies and Best and Final Offers During the negotiation phase, the Department may request clarification and revisions to Replies (including BAFOs) and identify information to be submitted to the Department until it is satisfied ITN No.: DMS -19/20-006 Mobile Communication Services Page 22 of 32 that it has achieved the best value for the State. Failure to provide information requested by the Department during the negotiation phase may result in termination of negotiations with the Respondent. It is anticipated that the Department will use language in the Request for BAFO expressing contractual requirements within the procurement documents where the language was previously permissive. For example, the word 'should' may be replaced by the word 'must' in the final SOW attached to the Request for BAFO. 4.4.4 Other Department Rights During Negotiations The Department has sole discretion in deciding whether and when to take any of the following actions and to decide the scope and manner of such actions. The Department reserves the right at any time during the negotiation process to: a) Schedule additional negotiation sessions with any or all Respondents. b) Require any or all Respondents to provide additional, revised, or final written Replies addressing specific topics, including, but not limited to, modifications to the solicitation specifications, terms and conditions, or business references. c) Require any or all Respondents to provide revised Replies and written BAFO(s). d) Require any or all Respondents to address services, prices, or conditions offered by any other Respondent. e) Pursue a Contract with one (1) or more Respondents for the services encompassed by this solicitation, including any addendums thereto and any request for additional, revised, or final written Replies or request for BAFOs. f) Pursue the division of Contracts between Respondents by type of service or geographic area, or both. g) Finalize Contract terms and conditions with any Respondent at any time. h) End negotiations with any or all Respondents at any time, regardless of the status of or schedule of negotiations, and to continue with other Respondents, or not continue with any Respondents. i) Conclude negotiations at any time and proceed to Contract award. j) Re -open negotiations with any responsive Respondent. k) Take any additional, administrative steps deemed necessary in determining the final award, including conducting demonstrations, additional fact-finding, evaluation, or negotiation where necessary and consistent with the terms of this solicitation. 1) Request the assistance of and use subject matter experts for any portion of the procurement or throughout the procurement. m) Review and rely on relevant information contained in the Replies. n) Request pricing options different from the initial pricing provided by the Respondent. This information may be used in negotiations. o) Request business references and materials related to a reference check. p) Contact Respondent's Customers, if any, or other entities with information relevant to the Respondent's responsibility, experience, and/or ability. 4.4.5 Negotiation Meetings Not Open to Public In accordance with section 286.0113, Florida Statutes, negotiations between the Department and Respondents are exempt from Chapter 286, Florida Statutes, and s. 24(b), Art. I of the State ITN No.: DMS -19/20-006 Mobile Communication Services Page 23 of 32 462 Constitution. Also, any portion of a team meeting at which negotiation strategies are discussed are exempt from section 286.011, Florida Statutes. The Department will record all meetings of the negotiation team and all negotiation meetings between the Department and Respondents, as required by law, and such recordings will eventually become public record pursuant to Chapter 286, Florida Statutes. During negotiations, Respondents must inform the Department if any portion of the meetings should be considered confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or other authority, so that the Department can make appropriate arrangements for the segregation of the recording. 4.5 Final Selection and Notice of Intent to Award Contract 4.5.1 Award Selection Contract(s) will be awarded, if any award is made, to the responsive and responsible vendor(s) whose BAFO is assessed as providing the best value to the State in accordance with the selection criteria of this ITN. 4.5.2 Selection Criteria The following award selection criteria will apply for this ITN: a) The Respondent's demonstration of its prior relevant experience, including track record, and the overall professional experience of the Respondent at providing the proposed services; b) The Respondent's ability and approach to meeting the goals of the ITN, as stated in subsection 1.5, Goals of the ITN, and SOW subsection 1. 3, MCS Objectives; c) The Respondent's ability and approach to providing the services and associated devices sought in the SOW; d) The Respondent's pricing. 4.5.3 Department's Negotiation Team Recommendation The Department's negotiation team will make a recommendation as to the Contract award(s) that will provide the best value to the State based on the selection criteria. SECTION 5. AWARD 5.1 Rights for Award The Department reserves the right to: • Award a contract to one (1) or more Respondents for the services encompassed by this solicitation. • Award a contract to one (1) or more Respondents, or no Respondents at all, for all or part of the work contemplated by this solicitation. • Select one (1) or more Respondents by type of service, geographic area, and/or both. • Award contracts for less than the entire geographic area. • Award and contract with other Responsive Respondents in the event that the Department is unable to contract with the initially awarded Respondent(s). • Reject all Replies and determine whether to reissue a competitive solicitation. • Withdraw or cancel the solicitation and make no award. ITN No.: DMS -19/20-006 Mobile Communication Services Page 24 of 32 463 5.2 Agency Decision The Department will post a Notice of Intent to Award to enter into one (1) or more contracts with the Respondent(s) identified therein, on the VBS website: http://vbs.dms.state.fl.us/vbs/main menu. If the Department decides to reject all Replies, it will post its notice on the VBS website: http://vbs.dms.state.fl.us/vbs/main menu. 5.3 Other Reserved Rights • The Department has the right to use any or all ideas or adaptations of the ideas presented in any Reply. Selection or rejection of a Reply will not affect this right. • The Department reserves the right, after posting a Notice of Intent to Award, to withdraw or cancel the procurement, or amend its Notice of Intent to Award and re -open negotiations with any Respondent at any time prior to execution of a Contract. 5.4 No Contract until Execution A Notice of Intent to Award under this ITN shall not constitute or form any contract between the Department and a Respondent. No contract shall be formed until such time as a Respondent and the Department formally execute a contract with requisite written signatures. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: DMS -19/20-006 Mobile Communication Services Page 25 of 32 464 FORM 1 — CONTACT INFORMATION For solicitation purposes, the Respondent's contact person will be Name Title Company Name Address Telephone Fax E-mail FEID # Name of Respondent's Organization ITN No.: DMS -19/20-006 Mobile Communication Services Should the Respondent be awarded the Contract, the Account Manager's contact information will be: Signature of Authorized Representative and Date Print Name Page 26 of 32 465 FORM 2 - NOTICE OF CONFLICT OF INTEREST Company Name For the purpose of participating in the solicitation process and complying with the provisions of Chapter 112, Florida Statutes, the company states the following conflict(s) of interest exists as noted below (if none, write N/A in the applicable section(s) below): The persons listed below are corporate officers, directors, or agents and are currently employees of the State of Florida or one of its agencies: The persons listed below are current State of Florida employees who own an interest of five percent (5%) or more in the company named above: Name of Respondent's Organization ITN No.: DMS -19/20-006 Mobile Communication Services Signature of Authorized Representative and Date Print Name Page 27 of 32 FORM 3 - NON -COLLUSION STATEMENT I state that I of (Name and Title) (Name of Respondent) am authorized to make this statement on behalf of my firm and its owner, directors, and officers. I am the person responsible in my firm for the price(s) and amount(s) submitted in response to this ITN and the preparation of the Reply. I state that: The price(s) and amount(s) submitted in response to this ITN, either in the initial Reply or during negotiations, will be arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent. 2. Neither the price(s) nor the amount(s) submitted in response to this ITN, and neither the approximate price(s) nor approximate amount(s) submitted in response to this ITN, either in the initial Reply or during negotiations, have been or will be disclosed to any other firm, vendor, Respondent, or potential Respondent, and they will not be disclosed before Reply opening. 3. No attempt has been made or will be made to induce any firm or persons to refrain from submitting a Reply to this ITN, or to submit prices higher than the prices submitted in this Reply, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Reply. 4. The Reply of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Reply. 5. , its affiliates, subsidiaries, officers, director, and employees (Name of Respondent) are not currently under investigation by any governmental agency and have not in the last ten (10) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction involving conspiracy or collusion with respect to a bid on any public contract, except as follows: I state that I and the named firm understand and acknowledge that the above representations are material and important and will be relied on by the State of Florida for which this Reply is submitted. I understand, and my firm understands, that any misstatement in this statement is, and will be treated as, fraudulent concealmentfrom the State of Florida of the true facts relating to the submission of Replies for this contract. Dated this day of Name of Respondent: Signed by: Print Name ITN No.: DMS -19/20-006 Mobile Communication Services Page 28 of 32 467 FORM 4 - STATEMENT OF NO PRIOR DISQUALIFYING INVOLVEMENT I, as an authorized representative of the Respondent, certify that nothing in section 287.057(17)(c), Florida Statutes (see below), prohibits the Respondent's entry into any Contract resulting from this solicitation. Section 287.057(17)(c), Florida Statutes: A person who receives a contract that has not been procured pursuant to subsections (1)-(3) [of s. 287.057, F.S.] to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a Respondent who responds to a request for information from being eligible to contract with an agency. Name of Respondent's Organization ITN No.: DMS -19/20-006 Mobile Communication Services Signature of Authorized Representative and Date Print Name Page 29 of 32 i.: FORM 5 — MANDATORY RESPONSIVENESS REQUIREMENTS The Respondent certifies that it is in compliance with Subsection 3.1, General Instructions to Vendors PUR 1001 Form). The Respondent certifies that neither it, nor its affiliates, is a convicted vendor or a discriminatory vendor as described in sections 287.133 and 287.134, Florida Statutes, respectively. The Respondent certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, orthe Scrutinized Companies that Boycott Israel List, and is not participating in a boycott of Israel. The Respondent certifies that it is currently authorized to do business with the State, or will obtain authorization through the Department of State, Division of Corporations, should the Respondent be awarded the Contract, prior to Contract execution. Website: www.sunbiz.or The Respondent must be, at the time of Reply submittal, a facilities -based mobile wireless service provider with a network that covers at least 90% of the nation's non -rural population. A Respondent which has been determined by the Federal Communications Commission (FCC) to be a "nationwide service provider" in the Consolidated Communications Marketplace Report — 2018, paragraph 6, page 4, and paragraph 44, page 37, is presumed to meet this coverage requirement. A Respondent not listed in the above-mentioned FCC report as a nationwide service provider must submit documentation showing that it has been independently verified by a government entity as meeting these coverage requirements. The report is located here: https://docs.fcc.gov/public/attachvments/FCC-18-l8lAl.pdf Signature below certifies that the signatory has the authority to respond to this solicitation on the Respondent's behalf and certifies conformance with all Mandatory Responsiveness Requirements listed above. Name of Respondent's Organization Printed Name of Organization's Authorized Representative Signature of Organization's Authorized Representative ITN No.: DMS -19/20-006 Mobile Communication Services Date Page 30 of 32 HM FORM 6 - BUSINESS EXPERIENCE Provide the information requested below. Print and complete this form as many times as needed to demonstrate experience in providing the same or similar services sought in this procurement. The experience cannot be from: a. Current employees of DMS. b. Former employees of DMS within the past three (3) years. c. Persons currently or formerly employed by the Respondent's organization. d. Board members of the Respondent's organization. e. Relatives. f. Corporations based solely in a foreign country. g. Any person involved in the drafting of this ITN or the procurement process. The same entity may not be listed more than once. In the event the Respondent has had a name change since the time work was performed for a listed reference, the name under which the Respondent operated at that time should be provided in the space provided for "Brief Summary of Services." The Department reserves the right to contact entities stated below, and also other than those identified by the Respondent, to obtain additional information regarding past performance. The Department may also solely rely on the information stated below without contacting the entities state below. Information Experience #1 Company Name Company Person Title Address City State Telephone Number Email Address Contract Period (contract start date to contract end date) Brief summary of services Information Experience #2 Company Name Company Person Title Address Cit State Telephone Number Email Address ITN No.: DMS -19/20-006 Mobile Communication Services Page 31 of 32 470 Contract Period (contract start date to contract end date) Brief summary of services Information Experience #3 Company Name Company Person Title Address City State Telephone Number Email Address Contract Period (contract start date to contract end date) Brief summary of services ITN No.: DMS -19/20-006 Mobile Communication Services Page 32 of 32 471 Department of MANAGER SERVICES We serve those who serve Florida 4050 Esplanade Way Tallahassee, 1 4: • Ron DeSantis, Governor Jonathan R. Satter, Secretary ATTACHMENTA-STATEMENTOF WORK FOR MOBILE COMMUNICATION SERVICES ITN NO: DMS -19/20-006 INVITATION TO NEGOTIATE THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 1 of 66 Mobile Communication Services 472 Ill,,,,, atAe Of C O iitl„Aer' AS 1. Statement of Work Introduction....................................................................................... 6 1.1 Instructions for Response Blocks.................................................................................... 7 1.2 Mobile Communication Services Portfolio....................................................................... 7 1.3 MCS Objectives................................................................................................................ 8 1.4 MyFloridaNet....................................................................................................................9 1.5 End User Price Lists and Vendor's Device List............................................................... 9 1.6 Evolving Technology......................................................................................................10 2. Contractor Staffing.........................................................................................................11 2.1 Staffing Responsibilities................................................................................................. 11 2.2 Key Staff Position - Account Manager........................................................................... 13 2.3 Key Staff Position - Project Manager............................................................................. 14 2.4 Key Staff Position - Business Operations Manager ...................................................... 14 2.5 Key Staff Position - Engineering and Design Manager ................................................. 15 2.6 Key Staff Position - Operations and Security Manager ................................................. 15 2.7 Customer Support Team................................................................................................16 3. Services and Devices for Mobile Communication Services .......................................... 17 3.1 Wireless Voice Services.................................................................................................17 3.2 Wireless Data Service....................................................................................................17 3.3 Wireless Data Service - IP Addresses........................................................................... 18 3.4 Wireless Data Service — Access Circuit........................................................................ 18 3.5 Wireless Data Service - Closed User Groups............................................................... 20 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 2 of 66 Mobile Communication Services 473 3.6 Wireless Data Service — Network -to -Network Interface Design .................................... 21 3.7 Wireless Data Service —Traffic Mapping into MyFloridaNet.......................................... 25 3.8 Wireless Data Service — Traffic Directly to the Internet ................................................. 26 3.9 Wireless Data Service - Test Plan................................................................................. 28 3.10 State of Florida Coverage.............................................................................................. 28 3.11 Roaming......................................................................................................................... 29 3.12 Security...........................................................................................................................29 3.13 Reviews of the Contractor's Service.............................................................................. 31 3.14 Emergency Services......................................................................................................32 3.15 Contractor's Service Delivery Costs.............................................................................. 33 3.16 Highly Available and Highly Reliable Design Characteristics ....................................... 33 3.17 Reports, Updates, and Notifications Requirements...................................................... 34 3.18 Service Level Agreement Operational Process............................................................. 35 3.19 Customer Support.......................................................................................................... 37 3.20 Contractor's MCS Portal................................................................................................ 38 3.21 Devices...........................................................................................................................39 3.22 Cooperation with Other Contractors.............................................................................. 40 3.23 Customer Migration........................................................................................................41 3.24 Transition for Future Iterations of this Service............................................................... 41 3.25 Contractor Meetings with DMS...................................................................................... 43 3.26 Project Management......................................................................................................45 3.27 Project Management- Services Infrastructure Checklist .............................................. 50 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 3 of 66 Mobile Communication Services 474 4. Public Safety Service Plans and Devices...................................................................... 53 4.1 Deployable Technologies............................................................................................... 53 4.2 Local Control.................................................................................................................. 54 4.3 Local control portal......................................................................................................... 54 4.4 Public Safety Standards................................................................................................. 54 4.5 Demonstration Devices..................................................................................................54 60 4.6 Public Safety Customer Support.................................................................................... 55 4.7 Public Safety Reporting.................................................................................................. 55 4.8 Public Safety Marketing................................................................................................. 55 5. Business Operations......................................................................................................56 62 5.1 General Description of the SUNCOM Business Model ................................................. 56 5.2 Communications Service Authorization and Billing Transaction Flowchart .................. 56 5.3 Communications Service Authorization and Billing — Official Record ........................... 58 5.4 Communications Service Authorization and Billing - Interface with Contractor............ 58 5.5 Communications Service Authorization and Billing Service Catalog ............................ 59 5.6 Taxes and Government Sanctioned Fees..................................................................... 59 5.7 User Access Privileges for the Contractor..................................................................... 60 5.8 Work Orders................................................................................................................... 60 5.9 Inventory......................................................................................................................... 61 5.10 Invoicing Requirements..................................................................................................61 5.11 Electronic Substantiating Detail File.............................................................................. 61 5.12 Audit of Contractor Invoices........................................................................................... 62 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 4 of 66 Mobile Communication Services 475 5.13 Mandatory Interface with the Contractor....................................................................... 62 5.14 Properly Authorized Work Orders.................................................................................. 62 5.15 General Billing Requirements........................................................................................ 62 5.16 Billing Start..................................................................................................................... 62 6. Direct Ordering and Billing............................................................................................. 63 6.1 Services and Devices Sold to Direct -Billed Customers ................................................. 63 6.2 Cost Recovery Rate....................................................................................................... 63 6.3 Contract Association on Direct -Billed Accounts............................................................ 64 6.4 Monthly Reporting of Direct -Billed Accounts................................................................. 64 6.5 Quarterly Reporting of Direct -Billed Accounts............................................................... 65 6.6 Customers Liability.........................................................................................................65 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 5 of 66 Mobile Communication Services 476 1. Statement of Work Introduction This Attachment A— Statement of Work (SOW) describes cellular voice and data services, secure access to MyFloridaNet (cellular data -only devices), and other related telecommunication services, cellular phones, associated devices, accessories, and features, collectively referred to herein as Mobile Communication Services (MCS). All requirements contained in this SOW are Contract requirements. Deliverables and associated financial consequences (hereinafter referred to as "Service Level Agreements" or "SLAs") are specified on Attachment C— Service Level Agreements. The intent of this procurement is to establish one (1) or more multi-year Contract(s) that meet the goals of the ITN, as stated in Section 1.5, Goals of the ITN, of that document. Any contracted services will be available for use by State agencies and political subdivisions of the State, municipalities, and nonprofit corporations in accordance with Chapter 282, Florida Statutes (F.S.). This SOW contains operational and administrative objectives for MCS that will form the requirements for implementation and on-going support under any Contract resulting from this ITN. This SOW is intended to reflect the requested service components DMS is seeking the Respondent to offer for MCS. This SOW includes references to service components that "must," "shall," or "will" be delivered; however, these SOW references to "must," "shall," "will," and "minimum requirements" will not affect DMS's determination of a Respondent's responsiveness. DMS intends for these SOW references to become mandatory at the time of Contract execution (as reflected in DMS's Request for Best and Final Offer (BAFO)). However, these SOW references may be subject to negotiation during the procurement and will be resolved through the terms of DMS's Request for BAFO. The terms "will" and "shall" are used interchangeably. The Request for BAFO may also provide for requirements in place of what may previously have been requests. For example, the word `should' in this SOW may be replaced by the word `must' in the final SOW attached to the Request for BAFO. While the Department reserves the right to negotiate any term or condition during the negotiation process, the Contractor agrees that its Reply is based on the assumption that the terms and conditions of this SOW, as well as the Draft Contract (Attachment B to the ITN), apply as currently written. If more than one (1) Contract is awarded, then the use of the terms "Contract," "Contractor," "Reply," and "Respondent," include the plural when applicable. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 6 of 66 Attachment A: Statement of Work Mobile Communication Services 477 1.1 Instructions for Response Blocks The SOW contains response blockswhere Respondents are to provide information. Respondents may attach additional narrative with a reference to the corresponding SOW response block subsection. Respondents should base responses on the information provided in the applicable subsections and response blocks regarding operational and administrative processes and other aspects of the proposed services. Responses to the SOW will be scored and will not be used to determine responsiveness. Respondents should provide responses to all response blocks seeking a response in the SOW. If the Respondent inserts "N/A" or leaves a response block blank, they will receive zero points for that subsection. Replies are to be submitted in accordance with the ITN. See Subsections 3.7, 4, of the ITN for additional instructions on submitting a Reply. The response blocks may contain approximate word counts in brackets, e.g., [Enter the response here — XXX words]. The word counts are provided as guidance to the length of the expected response; the word counts are neither minimum nor maximum limits. By submitting a Reply to this ITN, the Respondent affirms that it has read, understood, and will comply with all of the statements, terms, and conditions contained in this SOW. Do not provide pricing information in any SOW response block. Respondent is to submit pricing information separate from the response to this SOW, in accordance with instructions in the ITN. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.2 Mobile Communication Services Portfolio Mobile Communication Services are described below as well as in the public safety services in Section 4. 1.1.1 Wireless Voice Services (WVS), includes plans and cellular phones, smart phones, tablets, and other similar devices capable of making voice calls to cellular devices (cellular voice) and to traditional phones on the Public Switched Telephone Network (PSTN). This set of services also provides broadband access for email, internet browsing, texting, and numerous applications. 1.1.2. Wireless Data Services (WDS), includes a similar set of broadband services and devices as WVS but does not provide cellular voice and does not include PSTN voice connectivity. This set of services can provide secure data access into MyFloridaNet (for additional information, see Section 1.4, MyFloridaNet, below). ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 7 of 66 Mobile Communication Services 478 Both sets of services include broadband data service plans governing the Customer's monthly allotment for broadband access. 1.1.3 Web portals for both WVS and WDS. Customers utilize the DMS Communications Service and Billing system (CSAB) to review all MCS offerings, which are found on the End User Price List (EUPL). Orders are either placed directly via My Florida MarketPlace (MFMP), CSAB, or direct with the Contractor. For additional information regarding the EUPL, see Section 5, Business Operations. 1.1.4. Accessories include, but are not limited to, antennas, phone cases, tablet cases, headphones and ear buds, chargers, screen protectors, foldable keyboards, belt clips, and hands-free kits. 1.1.5. Equipment includes, but is not limited to, smartphones, basic phones, air cards, hot spots, tablets, and public safety wearables (within the optional subsection on Public Safety Service Plans and Devices). No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.3 MCS Objectives In accordance with the Department's objectives for MCS, the Contractor shall provide: 1. Services and devices that keep pace with rapidly evolving technologies and related service plans. 2. A range of rate plans with a wide variety of up-to-date features. 3. Customer support services, including the Contractor's MCS portal and superior staffing, with the best possible customer service. 4. Clearly articulated adoption of standards and designs in this SOW. 5. Complete and timely reporting on services to the Department and Customers. 6. Service strength with as much 4G/4G LTE or better service coverage as possible. 7. Highly -Available, Highly -Reliable (HA/HR) infrastructures. 8. Support for devices and software systems from different manufacturers. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 8 of 66 Mobile Communication Services 479 1.4 MyFloridaNet MyFloridaNet (MFN) is the State's Multiprotocol Label Switching data network. MFN allows State agencies and other authorized users to communicatewith each other. Information about MFN is available at: .P. oirns/suncom2/data seirvic es/myflloiriidanet 2 No response required. By submitting a Reply, Respondent has read and understands the statements contained in this subsection. 1.5 End User Price Lists and Vendor's Device List This subsection applies to both WVS and WDS. 1.5.1 Creation of Initial EUPL and Vendor's Device List Pricing information in the Contractor's BAFO will be used by the Contractor to create the EUPL and Vendor's Device List after Contract execution. The format of the EUPL and Vendor's Device List must be approved by the Department. The Contractor must have one (1) EUPL and one (1) Vendor's Device List that incorporate all offerings. The Department's current MCS EUPLs are available on the DMS website here: I�ntt s://www„dirxns„irnn flloriida„coirn/lbusiiiness o eiratiions/tellecommu.�iniicatiioirns/suir�ncoirtt�n2/voiice seirviic 1 p.................................................................................................................................................................................................... p...................................................................................................................................................................................................................................................................... es/molbiille communication services ...................................................................................................................................................................................... 1.5.2 Update Process to EUPL Given the fast pace of technological progress, DMS anticipates that plans and devices will improve and undergo alterations, within the scope of the Contract, over the term of the Contract. Changes in service plans, features, devices, or technology offered by the Contractor in the same, alternative, or equivalent form and within the scope of the Contract are permissible updates. Updates may be prompted by the Contractor, DMS, or Customers. Some updates may be accomplished via the change request process described in Section 5.2, Change Request, of the Contract; however, at DMS's sole discretion, updates may require a Contract amendment. Contractor -Requested Updates. The Contractor may request updates to its EUPL and Vendor's Device List throughout the Contract term. Such requests must be emailed to the DMS Contract Manager for review and approval. DMS has absolute discretion to approve or deny Contractor - requested updates. ITN No.: DMS -19/20-006 Page 9 of 66 Attachment A: Statement of Work Mobile Communication Services 480 The Contractor shall not offer Customers changes in plans, features, devices, or technology prior to obtaining DMS's written approval. The Contractor shall not offer any updated prices or rate structures until changes have been approved by DMS and DMS has published an updated EUPL. When requested by DMS, the Contractor shall provide documentation on the requested update, including, but not limited to, market research and service and device specifications. DMS may review the information from the Contractor and any other source. DMS will not approve an update request until and unless the criteria below is met to its satisfaction. However, DMS reserves the right to deny an update request even if all of the criteria are met. The Contractor shall: 1. Substantially demonstrate the pricing is competitive to market rates, specifically that it is equal to or less than rates for similar offerings in the State of Texas, State of California, and State of New York; 2. Fully demonstrate the pricing is related to and is in line with currently offered pricing for similar services and equipment within the EUPL and/or the Vendor's Device List; and 3. Fully demonstrate the proposed pricing is in accordance with Contract Section 3.2.2, Preferred Pricing. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.6 Evolving Technology This section is applicable to all services and equipment, including devices. The Contractor shall ensure delivery of services and devices that keep pace with rapidly evolving technologies and related service plans. The Vendor's Device List and EUPL must be kept up-to- date, in accordance with the process detailed within SOW Subsection 1.5, End User Price Lists and Vendor's Device List, offering the latest generation of devices and related service plans. The Contractor's IP infrastructure must provide evolving technologies and offer Customers the latest generation of telecommunications infrastructure and devices. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Provide a detailed description of the following: a. How Respondent will ensure delivery of services and devices that keep pace with rapidly evolving technology and related service plans. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 10 of 66 Mobile Communication Services 481 b. Describe the Respondent's commitment and plan to offer the latest generation of installed infrastructure supporting MCS (the Respondent's IP infrastructure). [Enter response here —1,500 words] 2. Contractor Staffing This section is applicable to all services. The terms "Contractor staff' and "staff" include all staff employed by the Contractor providing services under the Contract and by its subcontractors providing services under the Contract. The Contractor shall provide sufficient, qualified staff to oversee and carry out the services of this Contract. The Contractor shall designate individuals in its organization to be contacts for DMS and its Customers in accordance with the following subsections. 2.1 Staffing Responsibilities 1. The Contractor staffing responsibilities include conducting all components of the Contract in a timely, efficient, productive, consistent, courteous, and professional manner. 2. The Contractor shall provide a sufficient number of Contractor staff to handle the workload projected for the start of the Contract and shall be scalable and flexible so staffing can be adapted as needed. 3. The Contractor shall devote the staffing time and resources necessary to successfully manage the Contract and provide the ongoing services, including having sufficient staff available for telephonic, email, and on-site consultations. 4. The Contractor shall provide each of its staff members orientation and training on all components of the Contract prior to allowing the staff member to work on any component of the Contract. The Contractor shall provide the DMS Contract Manager with documentation of this training upon request. 5. Key Staff. a. The Contractor shall initially fill all key staff positions and keep the key staff positions filled throughout the term of the Contract. Key staff positions will be filled within thirty (30) days from Contract execution. Attachment C, SLA - Al (a). b. The Contractor will only fill key staff positions with persons that fulfill the minimum job qualifications in accordance with this Section 2, Contractor Staffing. c. DMS reserves the right to review and approve candidates being considered by the Contractor for a key staff position described in this Contract. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 11 of 66 Mobile Communication Services M:. d. DMS reserves the right to require the replacement of any staff who serve in a key staff position or as part of the Customer Support Team, and the Contractor shall remove such staff no later than ninety (90) calendar days' from the date of DMS's notice to the Contractor. e. Waiver. The Contractor may request a waiver of SLA-A1(b) from the DMS Contract Manager if it believes it has good cause to not fill a key staff position within the required timeframe. DMS will review any such requests on a case- by-case basis and respond within a reasonable timeframe. Determination of all waiver requests are at the sole discretion of DMS. SLA-A1(b) will be on hold while the Department is reviewing a request for waiver. f. Vacancy. i. It is understood and agreed that from time to time a vacancy may occur in key staff positions. For purposes of this Contract, a vacancy occurs when: the position is not initially filled; the position is not filled due to a resignation, retirement, termination, or reassignment; or the position is filled with a person who does not possess the minimum qualifications required to perform the job duties. A vacancy does not occur when: an employee is temporarily absent due to vacation, sick leave, or other temporary leave condition, such as training. In the case of a vacancy, the Contractor may arrange for the job duties to be provided by another employee who meets the minimum job qualifications until this position is filled. However, a temporary assignment will not suspend any Contractor Staffing SLAs. Key staff positions will be filled within ninety (90) days of vacancy or within the timeframe established by the Department after a waiver of the ninety (90) day requirement. Attachment C, SLA-A1(b). ii. The Contractor shall notify DMS of all vacancies of key staff positions within fourteen (14) days of the vacancy. Attachment C, SLA-A1(c). 6. Staffing Organization Chart. The Contractor shall develop a Staffing Organizational Chart to be implemented throughout the Contract term. Attachment C, SLA -A2. The chart will include all staff resources assigned to all components of the Contract to be approved by DMS. The final Staffing Organizational Chart must contain names, titles, and number of staff (full-time and part-time) proposed to support the Contract. The Contractor's final Staffing Organizational Chart shall include a justification for the number of staff and the percentage of time each staff person will devote to the Contract. 7. Staffing Deficiencies. The Contractor is required to provide sufficient, competent, and capable staff to provide complete and timely services as required by the Contract. In the event DMS determines the Contractor has a staff deficiency, it will notify the Contractor in writing. A staff deficiency will include, at the Department's discretion, insufficient number of staff, or insufficient level of competency in staff, to provide complete and timely services under this Contract. A staffing deficiency will also include the retention of staff thirty (30) days past a Department Contract Manager's requirement to remove that staff member. The Contractor must remedy the identified staffing deficiencies by adding or replacing staff as required by the Department. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 12 of 66 Mobile Communication Services 483 Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Provide a detailed description of the following: a. How Respondent will ensure the dedication of its proposed key staff positions, including the proposed percent of time dedicated to DMS; b. How Respondent will be prepared at all times to recruit credentialed, appropriately licensed, and highly qualified staff and the recruitment process for staff that will be assigned to the Contract; c. Respondent's orientation and training for Respondent's staff assigned to the Contract; d. How Respondent will ensure it employs all required positions and that there are sufficient staff to complete all requirements initially and throughout the duration of the Contract. here —1,500 2.2 Key Staff Position -Account Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Account Manager as the primary contact for DMS, unless DMS determines an exclusive Account Manager is in DMS's best interest at any point during the Contract term, including renewals. This is a required key staff position. The Contractor is required to provide a full-time Account Manager for all services under the Contract. The Account Manager will be the senior manager and primary contactwith responsibility for all day-to-day MCS issues, including, but not limited to, coordination and resolution of all MCS activities. The Account Manager will be a senior staff member able to carry DMS concerns to the Contractor's management personnel. The Account Manager or designated backup(s) must be available twenty-four (24) hours a day, 365 days of the year. The Account Manager is required to participate in the various workgroups to accomplish services available under MCS. The Account Manager shall possess the following minimum qualifications: 1. A minimum three (3) years' experience working with government clients in a government account management or sales role. 2. A knowledge of government business practices, including State practices and practices of Customers. 3. At least three (3) years' work experience in the telecommunications industry. ITN No.: DMS -19/20-006 Page 13 of 66 Attachment A: Statement of Work Mobile Communication Services 484 4. Strong verbal and written communication skills, including the ability to communicate effectively at all levels of an organization. If the Contractor is providing Public Safety Services, the Account Manager must have experience in the Public Safety proposed services. 2.3 Key Staff Position - Project Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Project Manager, unless DMS determines an exclusive Project Manager is in DMS's best interest. This is a required key staff position. The Project Manager shall oversee and take on the responsibility for the success of all projects. This individual will be the point of contact to coordinate all implementation and migration with DMS. This individual will manage and direct the planning of the Contractor's staff and resources. The Project Manager is required to participate in the various workgroups to accomplish services available under MCS. The Project Manager shall possess the following minimum qualifications: 1. The ability to be responsible for every aspect of all projects related to this Contract. 2. The ability to lead and direct teams to deliver projects within the constraints of schedule, budget, and resources. 3. Demonstrated knowledge and experience to appropriately apply a project management methodology to projects. 4. Experience using Microsoft Project and the ability to keep all projects updated frequently and accurately. 5. A current Project Management Professional certification from the Project Management Institute, Scrum Master Certification from Scrum Alliance, CompTIA Project+ certification from CompTIA, a Lean Six Sigma certification, or other equivalent project management certification approved in writing by DMS. 2.4 Key Staff Position - Business Operations Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Business Operations Manager, unless DMS determines an exclusive Business Operations Manager is in DMS's best interest. This is a required key staff position. The Business Operations Manager shall oversee business operations, including billing, ordering, and related business operational procedures. The Business Operations Manager, acting as the DMS advocate, will be a Contractor senior staff member able to carry DMS concerns to the Contractor's management personnel. As the advocate, the individual must have the authority to direct the Contractor's staff to effect business operational procedures and related outcomes. ITN No.: DMS -19/20-006 Page 14 of 66 Attachment A: Statement of Work Mobile Communication Services 485 The Business Operations Manager is required to participate in the various workgroups to accomplish services available under MCS. The Business Operations Manager shall possess the following minimum qualifications: 1. A minimum of three (3) years' experience working with government clients. 2. Knowledge of government business practices, including State practices and practices of Customers. 3. Strong verbal and written communication skills, including the ability to communicate effectively at all levels of an organization. 2.5 Key Staff Position - Engineering and Design Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Engineering and Design Manager, unless DMS determines an exclusive Engineering and Design Manager is in DMS's best interest. This is a required key staff position. The Engineering and Design Manager shall function as the point of contact for all engineering and design issues. The individual will be responsible for directing all aspects of engineering and design concernsforthe services. The individual musthave the authority to directthe Contractor's staff. The individual or designated backup(s) must be available twenty-four (24) hours a day, 365 days of the year to manage and oversee restoration of services and to respond to State requests. The Engineering and Design Manager is required to participate in the various workgroups to accomplish services available under MCS. The Engineering and Design Manager shall possess the following minimum qualifications: 1. A minimum of three (3) years' experience leading an engineering team responsible for services similar in size and scope to services available under MCS. 2. A Bachelor of Science degree or higher in an engineering discipline. Equivalent foreign degrees are also acceptable. 3. Five (5) years or more of engineering work experience. 2.6 Key Staff Position - Operations and Security Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Operations and Security Manager, unless the Department determines an exclusive Operations and Security Manager is in DMS's best interest. This is a required key staff position. The Operations and Security Manager shall serve as the engineer capable of communicating with other engineers as needed to resolve day-to-day issues. The individual will communicate with DMS and engineers from other Contractors providing telecommunications to the State and, if applicable, subcontractors. The individual will function as the point of contact for the day-to-day networking, service, and security issues, typically those involving real-time concerns. The ITN No.: DMS -19/20-006 Page 15 of 66 Attachment A: Statement of Work Mobile Communication Services H:. individual must have the authority to direct the Contractor's staff. The Operations and Security Manager, or a designated backup(s), must be available twenty-four (24) hours a day, 365 days of the year as required to manage operational and security concerns and respond to State requests. The Operations and Security Manager is required to participate in the various workgroups to accomplish services available under MCS. The Operations and Security Manager shall possess the following minimum qualifications: 1. A Bachelor of Science degree or higher in a computer science, information technology, engineering, or similar discipline. Equivalent foreign degrees are also acceptable. Equivalent work experience of five (5) years is acceptable. 2. Experience with business continuity and disaster recovery, including experience in development of disaster recovery plans. 3. Experience with information security architecture and security tools. 4. Knowledge of telecommunications industry best practices for service performance and security and applicable laws and regulations as they relate to security. 5. Knowledge of current technologies and processes used to establish and maintain networks with respect to security of MCS. The Operations and Security Manager should possess the following minimum qualifications: 1. It is preferred, but not required, that the Operations and Security Manager be a Certified Information Security Manager, a Certified Information Systems Security Professional, or hold another current industry -recognized security certification. 2.7 Customer Support Team The Contractor shall provide a Customer Support Team forthis Contract. This team is not required to be full-time staff (part-time staff is acceptable) or exclusively dedicated to this Contract. However, the appropriate amount of staff at any given time (for example evening, weekend and holiday staffing may be less than weekday business hours) from the Customer Support team must be available twenty-four (24) hours a day, 365 days of the year. The Customer Support Team shall provide: 1. Timely Customer training in reaction to changes in services and features offered. 2. Timely resolution of service requests. 3. Full staffing for projects to implement new technologies, related services, and equipment features that are supported by the industry. 4. Timely closure for operational changes. 5. All applicable deliverables by the due dates as provided in the SLAs. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 16 of 66 Mobile Communication Services 487 The Customer Support Team shall include at least one (1) named individual to act as the CSAB Administrator, with responsibilities described in Subsection 5.7, User Access Privileges for the Contractor. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. I Services and Devices for Mobile Communication Services 3.1 Wireless Voice Services This subsection is applicable only to WVS. The Contractor must provide WVS using digital technology as the primary communication mode. WVS will include cellular phones, smart phones, tablets, and other similar devices capable of making voice calls to cellular devices and to traditional phones on the PSTN. WVS will also include broadband access for email, internet browsing, texting, and numerous applications, such as those providing real-time traffic information. International calling must be disabled by default, but Customers will be permitted to place an order to enable international calling. The Contractor shall provide Customers with the option of having texting disabled. The Contractor will coordinate directly with the Customer regarding texting capabilities. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.2 Wireless Data Service This subsection is applicable to only Wireless Data Service. The Contractor must provide WDS. The Contractor will provide non-proprietary wireless broadband data communications. For State agencies, security policy requires the Contractor's broadband data access to terminate on MFN by default. There may be instances where the Department's policy will permit broadband data access to terminate directly on the internet. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 17 of 66 Attachment A: Statement of Work Mobile Communication Services M- 3.3 Wireless Data Service - IP Addresses This subsection is applicable to only Wireless Data Services. The following are minimum requirements: 1. DMS will provide the Contractor work orders containing IP addresses to be associated with wireless devices. The Contractor must configure MCS devices with IP address as part of the activation and setup for the device. The Contractor must configure both 1) public IP addresses owned by the State and Other Eligible Users and 2) private IP addresses furnished by DMS and Other Eligible Users. Since not all private IP address space is available for use on MFN, a mutually agreed upon private IP address allocation block assignment (or other agreed upon method) will be finalized within the negotiation process. 2. The Contractor is required to provide publicly routable IP addresses as needed to support all Customers. 3. The Contractor will associate a particular wireless device with its closed user group (if any). The Contractor will assign an IP address to each wireless device and update the work order in CSAB with the specific IP address assigned before the Contractor closes the work order. A record of each closed user group and the associated wireless devices (including the electronic identifier and IP addresses) is maintained in CSAB. 4. The IP address assigned to a particular wireless device must be permanently assigned unless and until a work order provides that the Contractor change the address. Static IP addressing is acceptable as long as the address is coded (hard or electronically) within the device permanently. A unique IP address dynamically assigned to the device is acceptable as long as the address remains permanently assigned to that particular device. The dynamic IP address assignment mechanism must permanently assign the same address to the same device from an IP address pool assigned to a particular closed user group. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.4 Wireless Data Service — Access Circuit This subsection is applicable only to Wireless Data Services. Where Customers have non-MFN networks (for example, non -State Agency Other Eligible Users), Contractors may utilize the Contract to provide their End-users with wireless connectivity into that Customer's network. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 18 of 66 Mobile Communication Services 489 This design requires an access circuit between the Contractor's IP networks and an Other Eligible User's (OEU's) network. These access circuits are not offered by DMS as a SUNCOM service. DMS is not involved in ordering, billing, provisioning, payment, network support, or other aspects of these circuits. OEUs utilize their organization's procurement procedures to purchase their access circuit. All aspects of this wireless connectivity access are the responsibility of the OEU's organization and the Contractor, not DMS. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. Access Circuit No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 19 of 66 Attachment A: Statement of Work Mobile Communication Services 490 3.5 Wireless Data Service - Closed User Groups This subsection is applicable to only Wireless Data Services. The Contractor must develop, implement, and maintain a closed user group isolation method for WDS. The design must result in the segregation of all IP traffic into individual closed user groups. DMS may consider a virtual circuit, Virtual Local Area Network, or Virtual Routing and Forwarding (VRF) to be an acceptable closed user group design configuration method. Other Contractor - provided isolation methods are acceptable as long as the isolation method provides equivalent isolation design outcomes, as determined by DMS. The Contractor -created and maintained isolation method is required to be in continuous operation providing separation of wireless data traffic into distinct closed user groups. At all points between the wireless data device and MFN, Customer traffic must be isolated from all other traffic within the Contractor's IP networks. There must be no alternate paths into or out of the isolated environment and no means for other entities or devices to access the isolated environment. The Contractor will place each device in the closed user group as defined by the CSAB work order. Customers will have the ability to have multiple closed user groups configured within the Contractor's IP networks. No IP communications will be permitted between closed user groups within the Contractor's IP networks. ITN No.: DMS -19/20-006 Page 20 of 66 Attachment A: Statement of Work Mobile Communication Services 491 End-user Closed User group group 2 Figure 3 End-user group 2 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.6 Wireless Data Service — Network -to -Network Interface Design This subsection is applicable only to Wireless Data Services. The Contractor must work with DMS and the MFN contractor to establish a network -to -network interface as shown in Figure 4 to route wireless data traffic across the internet to MFN. For redundancy, the interface design must use IPsec tunnels which connect to two (2) geographically separate gateways approved by DMS. In each network -to -network interface location the Contractor must provide equipment and a corresponding design that will function as an IPsec Virtual Private Network (VPN) concentrator. Each interface will be configured with internet connectivity for the concentrators. The interface ITN No.: DMS -19/20-006 Page 21 of 66 Attachment A: Statement of Work Mobile Communication Services 492 design must utilize a primary and secondary interconnection scheme preventing any downtime or performance impact to the connectivity with MFN or downtime for the service. Each interface will function equivalently, including the available internet bandwidth capacity, operational software images, and overall configuration. The interface locations must always automatically failover. End-user 11 roup 2 IPsec VPN Interconnection into MvFloridaNet The interface design must support VPN connectivity through the use of IPsec tunnels between the Contractor's IP networks and MFN. The Contractor configures IPsec tunnels to create closed user groups for traffic between the Contractor's IP networks and MFN. The Contractor routes closed user group traffic originating in the Contractor's IP networks to MFN via the internet, in coordination with DMS and the MFN contractor. Using a design selected by the Contractor and approved by DMS, wireless data devices must be provisioned to continuously operate within closed user groups. The interconnectivity design, agreed on by the Contractor and DMS, must provide redundancy with automatic failover between MFN's two (2) VPN interconnection locations. The Contractor's interconnectivity design must be configured for the Contractor to monitor network connectivity between the Contractor's IP networks and MFN. In the event of a connectivity issue between the Contractor's network and MFN, the interconnection design must automatically failover and start ITN No.: DMS -19/20-006 Page 22 of 66 Attachment A: Statement of Work Mobile Communication Services 493 routing traffic within the failover metric. Attachment C, SLA -131. Successful failover means the interconnection with MFN operates without any loss of performance compared to the interconnection performance prior to failover. Performance is measured by the Contractor's suite of Simple Network Management Protocol (SNMP) tools. After the failure has cleared the Contractor's interconnectivity design will, over time, automatically reestablish the tunnels to the M FN primary concentrator. The Contractor is not responsible for connectivity loss if the MFN VPN concentrators fail simultaneously. DMS will provide the Contractor with the configuration parameters for each closed user group's IPsec tunnel. The Contractor must adhere to the configuration parameters while provisioning the concentrators. The Contractor must configure a unique IPsec tunnel for each closed user group's IP traffic as specified by DMS. The closed user group naming convention (or network identifier) will be mutually agreed upon by DMS and the Contractor. Each closed user group's network identifier must correlate to a unique IPsec tunnel. DMS will provide the Contractorwith the MFN tunnel termination IP addresses, IPsec pre -shared authentication keys, and tunnel configuration parameters for each tunnel. All information regarding IP addresses, IPsec authentication keys, and tunnel configuration parameters must be treated as secure State data. At no time will the Contractor transmit this information in clear text. The Contractor must configure each unique IPsec tunnel to terminate on the primary MFN IPsec concentrator and also configure the tunnel to failover to the MFN secondary IPsec concentrator. DMS will provide the Contractor with two (2) unique publicly routable IP addresses for each closed user group's IPsec tunnel (primary and secondary). The Contractor will use one (1) of the two (2) addresses to terminate the tunnel at the MFN primary concentrator location, and the other address will be used to terminate the failover tunnel at the M FN secondary concentrator location. The Contractor must provide and use at least two (2) publicly routable IP addresses for its IPsec interconnection design; one (1) IP address for the primary tunnel termination and one (1) to terminate the secondary tunnel. The Contractorwill ensure that each wireless data device that traverses the IPsec interconnection will have a unique IP address permanently configured within the wireless modem or device (smartphone, handheld computer, laptop, etc.). Using the IP address provided by the Contractor, the Contractor must statically or dynamically assign each device within a unique closed user group a permanent IP address. The Contractor must configure each unique closed user group within its IP networks using the applicable IP addresses. At the MFN ingress point, each closed user group must be logically mapped into the appropriate MFN VRF. Adds, moves, or changes within a closed user group's configuration require a work order. The Contractor must upgrade the network -to -network interface when the encrypted throughput, processor utilization, or port speed reach seventy-five percent (75%) of capacity. Internet bandwidth must be upgraded by the Contractor if bandwidth utilization reaches seventy-five percent (75%) of capacity. All network -to -network interface upgrades must improve capacity by ITN No.: DMS -19/20-006 Page 23 of 66 Attachment A: Statement of Work Mobile Communication Services 494 at least twenty percent (20%). Attachment C, SLA -132. All upgrades are at no cost to the Department or Customers. The Contractorwill give DMS, and the MFN network monitoring tools, read-only SNMP accessto monitor performance of the network, including network -to -network interface components. The Contractor must establish monitoring of SNMP performance metrics, which are measured over each five-minute sample. The primary and secondary VPN concentrators must support the following IPsec parameters: IPsec Parameters IKA (SA) Main Mode Encryption Strength 3DES Authentication Pre -Shared Key Diffie-Hellmans (D -H) Groups 2 or 5 (group -5 preferred) Perfect Forward Secrecy Pfs Data Integrity Hash Algorithm SHA IPsec (SA) Quick Mode Security Association (SA) Lifetime 86,400 seconds (maximum) Authentication Type HMAC-SHA Security Association (SA) Lifetime 28,800 seconds (maximum) Simultaneous Active Tunnels 1,000 (minimum) Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the Respondent's commitment to the appropriate industry standards. 3. Describe the design. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 24 of 66 Mobile Communication Services 495 4. Describe the portion of the design used to trigger the automatic failover. 5. Describe the failover and failback processes. 6. Describe how you will maintain the security of your MFN interconnection. [Enter the response here as needed to provide a complete response] 3.7 Wireless Data Service —Traffic Mapping into MyFloridaNet This subsection is applicable to only Wireless Data Services. The Contractor shall coordinate and communicate with the MFN contractor and other MCS Contractors. For traffic to MFN, the Contractor must route wireless data traffic across the Contractor's IP networks utilizing IPsec tunnels (one (1) unique IPsec tunnel per closed user group). DMS retains control related to security policies on access into MFN and its intranet as well as IPsec tunnel configuration parameters. All Customer wireless traffic must be in a closed user group within a unique IPsec tunnel in a manner such that it can be mapped into the appropriate MFN VRF by the MFN contractor. If permitted by the applicable Department security policies, once wireless data traffic is within MFN it accesses the internet via the MFN firewall. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 25 of 66 Mobile Communication Services ina End-user group 2 Traffic into MyFloridaNet's VRFs and Through MyFloridaNet's Firewall End -uses group 1 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.8 Wireless Data Service — Traffic Directly to the Internet This subsection is applicable to only Wireless Data Services. Customers can have their traffic sent directly to the internet. Routing wireless traffic direct to the internet provides simplicity for connectivity to web -servers and web -based applications. Sending traffic to the internet also permits Customers to use encrypted VPN traffic to access their IP networks via a Public VRF connection. For this connectivity, the Contractor is not responsible for the reliability of trafficwithin the internet. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 26 of 66 Mobile Communication Services 497 Remote Ac Perm Ated h MyFlondaN Routing Wireless Traffic Directly to the Internet Figure 6 Web -servers Web -based applications The Contractor is not required to create closed user groups for Customers that have their traffic routed directly to the internet. Under this option, the Contractor is not required to permanently assign the same IP address to a particular wireless device. When MCS traffic is routed directly to the internet, if the MCS Customer is not an MFN Customer, they do not have to complywith DMS security policy restrictions fortrafficto MFN. The Contractor must comply with DMS security policies and those policies of the OEUs. Specifics of the DMS security policy requirements will be detailed in the post -Contract engineering meetings and may vary during the life of the Contract. A synopsis of the MFN security policy. MFN Customers must access the internet via the MFN firewall and avoid using an alternate internet accessthat might create a backdoor into MFN. Under certain restrictions, MFN security policy permits MFN Customers to use remote -access VPN connectivity to gain access to their MFN intranet network. The Contractor is not responsible for the specifics of how Customers configure their VPN connectivity. ITN No.: DMS -19/20-006 Page 27 of 66 Attachment A: Statement of Work Mobile Communication Services 498 No response required. By submitting a Reply, Respondent has read and understands the statements contained in this subsection. 3.9 Wireless Data Service - Test Plan This subsection is applicable to only Wireless Data Services. The Contractor is responsible for on-going testing of the WDS's transport system (the interconnection between MCS and MFN) to ensure proper performance. The Contractor is responsible fortesting each component, including wireless modems (before and after installation, if requested by the Customer), interconnection, interconnection failover, and closed user group configurations. The Contractor must demonstrate successful interconnection failover for each tunnel between the primary and secondary VPN concentrators as part of the Services Infrastructure Checklist signoff and as required by DMS. All test plans and actual testing must be coordinated with and approved by DMS and the Customer. The test plan need only cover WDS elements. Once approved by DMS, the plan must be included in the WDS Operations Guides. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.10 State of Florida Coverage The Contractor shall: 1. Provide the same or better level of coverage as that described in the Contractor's Reply; 2. Maintain up-to-date State coverage maps on its website, accessible to all Customers. 3. Provide service strength with as much4G/4G LTE or better (5G) service coverage as possible. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. 2. Describe the Respondent's State geographic coverage. 3. Demonstrate in detail any future plans for enhancement and expansion of the Contractor's State coverage. 4. Provide a service area State coverage map. The map shall be geographically accurate and drawn to a scale of 1:1,000,000 (1 inch=15.78 miles) or less. The coverage map ITN No.: DMS -19/20-006 Page 28 of 66 Attachment A: Statement of Work Mobile Communication Services 499 shall include, at a minimum, county boundaries, cities, and major highways. Note the decibel (db) level used in maps for the Respondent's acceptable service level. [Enter the response here as needed to provide a complete response] 3.11 Roaming This subsection is applicable to both WVS and WDS. The Contractor must not charge for roaming within the Contractor's nationwide footprint. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.12 Security This subsection is applicable to both WVS and WDS. The Contractor must ensure that all traffic is secured between the Customer's device and the Contractor's antenna/tower (i.e., the air link in Figure 1). Encryption across the air link is not required as long as the traffic transport method provides security equivalent to IPsec 56 -bit strength. No wireless traffic transport is permitted that does not meet this minimum traffic transport security requirement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 29 of 66 Mobile Communication Services 500 ................. . Srna rt Phone Voice Capable Security (Figure 1 Cellular Wireless Moderri Pou ter Typical Cell Tower i Ta blet Computer r�. Laptop In addition to the minimum security requirements elsewhere in this SOW, the Contractor must continually enhance its ongoing security features. The Contractor's security features must block unauthorized access into MFN and OEU networks and thwart potential attacks. The Contractor must maintain physical, electronic, and procedural safeguards to protect the security of its internal systems as well as MFN and OEU networks. The Contractor must secure traffic by employing strong user authentication, making certain only authorized devices connect to the Contractor's wireless network, the MFN network, and OEU networks. The authentication process must associate the End-user to a particular device. The Contractor must implement internal and external security procedures to guard its networks and applications against unauthorized access. The Contractor will provide DMS a copy of the Contractor's associated security procedures upon request. ITN No.: DMS -19/20-006 Page 30 of 66 Attachment A: Statement of Work Mobile Communication Services 501 The Contractor must perform fraud detection, monitoring, and prevention services consistent with industry common best practices on a 24x7x365 basis to reduce Customer vulnerability to fraudulent activities. Fraudulent calls will be the sole responsibility of the Contractor. DMS and its Customers will bear no responsibility for such calls, including, but not limited to, number theft by cloning, multiple calls at the same time, international calls on an unauthorized telephone, and calls to areas of known fraud. The Contractor shall proactively monitor calling volume and patterns. The Contractor shall immediately report unusual calling volumes and patterns to the Department and Customer, such as usage or cost doubling from the previous month. If fraud is detected outside of normal business hours, the Contractor will notify the Department's Product Manager and Customer via email. Should the Department or Customer declare such activity as fraudulent, the Contractor shall immediately deactivate the service. Given the statements in this subsection: 1. Describe in detail how the Respondent's proposal will fulfill the minimum requirements of this subsection. 3.13 Reviews of the Contractor's Service This subsection is applicable to both WVS and WDS. DMS Test Accounts. Upon request from DMS, the Contractor shall provide up to ten (10) WVS accounts and associated devices (with voice and broadband feature functionality) and up to ten (10) WDSaccounts and associated devicesto allow DMSto test the Contractor's service. All test devices must be premium (highest functionality) devices. All test accounts and devices must be configured to operate only on the Contractor's network throughout the continental United States. The Contractor must provide the test accounts and devices at no charge and with no limitations on DMS's use of the accounts and devices. DMS will administer the test accounts, including activating, deactivating, and supervising. Customer Demonstration Reviews. Prior to making an initial order for service, Customers may request, and the Contractor will provide, wireless demonstration equipment (including airtime) fortesting. All demo accounts and devices must be configured to operate only on the Contractor's network throughout the continental United States. Demo devices must be provided at no charge for thirty (30) Business Days. The Contractor will post on its portal the step-by-step procedures to obtain the demo devices. The Contractor shall coordinate directly with the Customer regarding demo accounts and devices. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 31 of 66 Attachment A: Statement of Work Mobile Communication Services 502 3.14 Emergency Services This subsection is applicable to both WVS and WDS. The Contractor shall provide emergency services, a crucial aspect of MCS, as described in this section. 3.14.1 911/E911 The Contractor is required to fully comply with federal and State -mandated emergency service requirements, including 911 and E911 services. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14.2 Department of Homeland Security Programs The Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency's (CISA) Emergency Communications Division (the Office) collaborates with the public and private sectors to ensure the national security and emergency preparedness communicationscommunity has access to priority telecommunications and restoration services to communicate under all circumstances. The Office manages the Government Emergency Telecommunications Service (GETS), Wireless Priority Services (WPS), Telecommunications Service Priority (TSP), and Next Generation Network Priority Service (NGN-PS) programs. The Contractor must participate in at a minimum TSP, GETS, WPS, and NGN-PS in support of the State's emergency preparedness efforts. For additional information see https://www.dhs.gov/oec-comm u n icati ons- portf ol io- m anagem ent. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14.3 Emergency Support Function 2 Background. DMS provides communications assistance during emergencies and disasters. DMS is the lead agency for communications under direction of the Florida Division of Emergency Management. Section 282.702(7), F.S., directs DMS to cooperate with any federal, state, or local emergency management agency in providing for emergency communications services. DMS is the first point of contact for telecommunications service providers for equipment and services coordination to provide communications support statewide before, during, and after emergencies or disasters. The National Response Framework is part of the United States ITN No.: DMS -19/20-006 Page 32 of 66 Attachment A: Statement of Work Mobile Communication Services 503 National Strategy for Homeland Security, which details fifteen (15) Emergency Support Function Annexes. In Florida, the DMS Emergency Support Function 2 (ESF-2) consists of a dedicated team of telecommunications professionals with expertise in radio systems, voice/data/network communications, and project management. The Contractor is required to participate in ESF-2 activities and respond to the needs of the State. The Contractor shall deliver the specified quantity (up to 100 of each) of activated wireless (WVS and WDS) devices within twenty-four (24) hours of receiving the ESF-2 request. The devices will be delivered at Contract costs, with the only additional cost being reasonable expedited shipping. The Contractor shall use commercially reasonable efforts to deliver devices to any accessible (officially ordered safe to enter) location within the Contractor's service area as directed by ESF- 2. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.15 Contractor's Service Delivery Costs This subsection is applicable to both WVS and WDS. The Contractor will not charge the Department or Customers for service delivery or infrastructure costs. The Contractor can only charge for services and equipment contemplated in the EUPL, Vendor's Device List, and the Contract. There will be no costs to activate a service or device. Customers may cancel service at any time without any costs. The Contractor is financially responsible for its connection to MFN, including, but not limited to, the network -to -network interface, VPN concentrators, circuits, infrastructure components, bandwidth upgrades, equipment, and software. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.16 Highly Available and Highly Reliable Design Characteristics MCS functionality provides support for mission -critical agency Customers. The Contractor shall provide infrastructures, hardware, software, and processes designed to be HA/HR, by, at a minimum: ITN No.: DMS -19/20-006 Page 33 of 66 Attachment A: Statement of Work Mobile Communication Services 504 1. Providing designs to eliminate single points of failure, including minimal convergence times. 2. Utilizing redundant (or backup systems) hardware and software providing continuous availability when acritical component fails or is removed from service for maintenance. 3. Utilizing automated interactions between systems or services to detect when a component has failed. 4. Utilizing multiple physical data paths within an infrastructure to eliminate a potential impact on performance when a path fails or is taken out of service. 5. Utilizing equipment with dual power supplies plugged into separate sources of power, which may include the use of a generator for backup power. 6. Maintaining the entire MCS infrastructure at normal operational functionality and not permitting anything to impact performance, regardless of cause. Given the statements in this subsection: 2. Describe in detail the proposed offering for this subsection, addressing the design objectives listed above. 3. Describe how the Respondent will provide validation of their HA/HR design to DMS allowing DMS to perform Contract oversight. [Enter the response here - 500 words] 3.17 Reports, Updates, and Notifications Requirements This subsection is applicable to both WVS and WDS. DMS requires the following reports and data, at a minimum, to accomplish Contract oversight: 1. The Contractor shall provide reports, updates, and notifications in accordance with the following section and subsections of this SOW: a. Monthly SLA Compliance Report, SLA -133 (Subsection 3.18.5) b. Monthly Escalation Activity Report, SLA -134 (Subsection 3.19.1) c. Quarterly Zero Usage Report, SLA -135 (Subsection 3.19.2) d. Escalation Procedure and Escalation Procedure Updates, SLA -136 (Subsection 3.19.3) e. Maintenance Notifications, SLA B7, B8, B9 (Subsection 3.19.4) f. Weekly Transition Status Reports during Transition (Subsection 3.24) g. Project Management Tracking Log, SLA -D9 (Subsection 3.26.2.2) h. Project Status Report, SLA -D10 (Subsection 3.26.2.3) i. Incumbent Contractor Weekly Migration Report, SLA -D14 (Subsection 3.26.5) j. Non -incumbent Contractor Weekly Migration Report, SLA -D15 (Subsection 3.26.5) ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 34 of 66 Mobile Communication Services 505 k. Monthly Public Safety Service Plans and Devices Report, SLA -E1 (Section 4) I. Direct -Billed Accounts Monthly Report, SLA -G2 (Subsection 6.4) m. Direct -Billed Accounts Quarterly Report, SLA -G3 (Subsection 6.5) 2. The Contractor shall provide any of the items below upon request from the Department: a. Identification and validation of products/services and rates; b. Compilation of statistics on products/services from a high level to a detailed level; c. Inventory of devices; d. Services and devices trend information; e. Identification and validation of Contractor's Customer billing (to include all charges, service taxes, surcharges, refunds, and adjustments); and f. Ad hoc reports, which will be at no cost and include a report delivery timeframe within two (2) Business Days of receipt of request. Given the statements in this subsection: Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. [Enter the response here — 250 words] 3.18 Service Level Agreement Operational Process This subsection and all sub -subsections are applicable to both WVS and WDS. 3.18.1 General SLA Requirements 1. The Contractor will pay SLAs by giving the Department a credit in the amount owed. If the last billing cycle of the service, the Contractor will refund the amount due in the form of a check. 2. SLA credits restart each month based on the review process and monthly billing cycle. 3. Unless there is an explicit reference to "business days," all SLA credits are applicable based on calendar days. A calendar day starts at 12:00 AM and ends at 11:59 PM, Eastern Time. 4. All SLA credits are payable to DMS. 5. The billing reconciliation for SLA violations takes place once final determination of SLA credits has been completed. 3.18.2 Reporting and Review 1. Each month, the Contractor, its subcontractors, and DMS participate in a review and scrubbing of all data related to SLAs. Based on this review, credits are developed. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 35 of 66 Mobile Communication Services 506 2. DMS is not required to explicitly request or otherwise initiate the SLA review and validation process in order to receive SLA credits. 3.18.3 SLA Holds 1. If time is a factor in the calculation of the SLA, the SLA clock may be suspended, in the Department's discretion, if the Contractor has documented in its ticketing system at least one (1) of the reasons listed below: a. The Customer provided incorrect information in its order, including an incorrect address. b. The Customer did not attend a confirmed scheduled appointment. c. The Customer was unresponsive to calls or em ails. d. A site readiness requirement was not fulfilled by the Customer. 2. The SLA clock may also be suspended as identified in Attachment C — Service Level Agreements. 3. The Contractor shall troubleshoot to the fullest extent feasible, whether or not the SLA clock is suspended. 3.18.4 Contractor SLA Accountability 1. SLAs apply regardless of whether the violation was a result of human error, poor engineering design, tardy dispatch, dispatch without required repair or diagnostic tools, exceeding the scope of an approved maintenance change request that causes performance degradation (deterioration in quality, level, or standard of performance of a system, service, feature, or functionality), or any other reason. 2. With the exception of the Contractor's failure to provide the requisite notice (see Section 3.19.4), SLAs will not apply during scheduled upgrade or maintenance windows (including emergency scheduled maintenance). SLAs will apply for all other service element impacts during and after the scheduled maintenance window. 3. DMS will make the final determination on the Contractor's compliance with SLAs. 3.18.5 Compliance Report 1. The Contractor shall deliver a timely and comprehensive SLA Compliance Report on a monthly basis. The Contractor shall provide backup detail (justification) to DMS upon request. Final acceptance of this report is at the sole discretion of the DMS Contract Manager. The report will be provided to the DMS Contract Manager. Attachment C, SLA - B3. The SLA Compliance Report must: i. allow DMS to assess performance against measurable service levels; ii. include all SLAs in Attachment C —Service Level Agreements; iii. state "N/A" for SLAs for which no services have been delivered during the Implementation Phase; ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 36 of 66 Mobile Communication Services 507 iv. not be locked or password protected; v. include adequate documentation, as determined by the Department, to demonstrate the Contractor's reported monitoring; and vi. be approved by DMS with regard to format, content, and level of detail. 2. If the SLA Compliance Report fails to accurately reflect an SLA violation, additional information may be utilized by the Department in determining SLA compliance in the Department's sole discretion. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.19 Customer Support This subsection is applicable to both WVS and WDS. The Contractor shall provide the following to the Department's designated recipient(s): 1. Monthly Escalation Activity Reports. This report must be provided on a monthly basis and detail the number of calls and emails related to requests for escalation assistance for technical and administrative support. The format must allow DMS to understand the relative importance of the issues within the escalation queue. Relative importance could be determined by the number of devices impacted or the length of time the Customer has been attempting to obtain a resolution to the issue. The format, content, and level of detail must be approved by DMS. The report will be provided to the DMS Project Manager. Attachment C, SLA -B4. 2. Quarterly Zero Usage Reports. This report must include a high-level summary of End- user devices that show no usage (i.e., zero minutes, zero texts, and zero data) for three (3) consecutive months. The format, content, and level of detail must be approved by DMS. The report will be provided to the DMS Project Manager. Attachment C, SLA -B5. 3. Escalation Procedure and Escalation Procedure Updates. This procedure must be developed and employed for unresolved network issues, Customer issues, or concerns that are not addressed in a timely manner. The procedure must include names, titles, phone numbers, and email addresses of contacts in the Contractor's escalation chain. The Contractor shall notify the DMS Product Manager in writing of any unresolved issues or issues that have been outstanding for more than ten (10) business days. Escalation procedures are to be updated by the Contractor when either DMS or the Contractor identify the need for an update. Attachment C, SLA -B6. 4. Notifications. Notifications must be for provided for planned, emergency, and unplanned maintenance. The Contractor shall send an electronic notification which informs DMS of 1) a planned maintenance which may potentially cause a service outage; 2) emergency maintenance when it may cause a service outage and when there is an outage impacting a generalized area; and 3) unplanned maintenance for significant unplanned ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 37 of 66 Mobile Communication Services 508 maintenance and when there is a significant performance impact over a generalized area. The notification must include an impact statement, date, time, and estimated duration of the maintenance. Attachment C, SLA -B7, B8, and B9. 5. Customer Support Team. The Customer Support Team shall address situations on a daily basis that have not been addressed within the customer support processes. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the process which will allow DMSto support its Customers and End-users with timely notifications. 3. Describe the corporate commitment to providing DMS the information it requires for notifications on significant performance impacts to WVS and WDS. 4. Describe the corporate commitmentto providing DMSthe necessary Customer Support Team staffing (resources) for escalations to address situations not readily addressed within the operational processes. 5. Describe the use of an escalation procedure related to situations which have not been addressed within the normal customer support processes. [Enter the response here as needed to provide a complete response] 3.20 Contractor's MCS Portal This subsection is applicable to both WVS and WDS. The Contractor shall provide an easy-to-use MCS portal that allows Customers to manage their End-user WVS and WDS devices, device management, and associated services. At a minimum, the portal must allow Customers' designated administrators to view the specifics of and add, change, and cancel devices and services. As changes are made, corresponding billing changes must take place automatically. The Contractor is responsible for the general content and management of and for hosting the portal. All MCS -specific content must be approved in writing by the DMS Product Manager before publication. The Contractor's MCS portal must include, at a minimum: 1. service definitions; 2. available features and options; 3. training materials; 4. product support information; 5. ordering procedures; ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 38 of 66 Mobile Communication Services 509 6. user guides; 7. whitepapers; 8. equipment definitions and specifications; 9. maintenance information; 10. product configuration options; 11. diagrams; and 12. other information approved in writing by the DMS Product Manager. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. nter the response here - As needed to provide a corn 3.21 Devices This subsection is applicable to both WVS and WDS. The Contractor must provide all applicable software and firmware for each device offered under the Contract and corresponding support. The Contractor must provide a link to the manufacturer's website where Customers can download current software updates/releases and software version release notes. The Contractor must work with the Customer and make a device recommendation based on a case-by-case analysis of the intended use of the device. All devices offered under MCS must be certified by the Contractor to operate with the performance parameters claimed by the manufacturer. The Contractor will remove any device that does not meet the manufacturer's and the Contractor's performance claims from the Vendor's Device List. 1. Excluding activations involving number portability, the Contractor shall ship in -stock devices (including replacement devices) activated, registered, and ready -for -use. 2. If the Contractor is unable to ship in -stock devices, or if a device is out -of -stock, the Contractor must notify the Customer. 3. Account changes made in the MCS portal should be automatic, and account changes made by phone or email should be within one (1) Business Day, with the exception of devices that are out of stock or otherwise unavailable, and excludes account changes involving number portability. 4. Shipping and handling fees are the responsibility of the Contractor, except for emergency and/or expedited orders. During the ordering process, Customers have the ability to approve related expedite fees prior to shipment. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the Customer. 5. The Contractor shall provide credit and/or replacement for freight -damaged or defective items and replace the items within two (2) Business Days after notification by the ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 39 of 66 Mobile Communication Services 510 Customer. The Contractor shall provide expedited 24-hour delivery as requested by the Customer for new, replacement, and upgrade devices. 6. The Contractor may invoice the Customer an expedite charge. 7. The Contractor will be responsible for the credit and/or replacement of any freight - damaged or defective products at time of delivery. The Contractor shall not require the Customer to deal directly with the manufacturer. Within five (5) Business Days of a Customer's request, the Contractor shall provide the Customer with a prepaid return label or prepaid self-addressed container suitable for the item's return. 8. The Contractor must accept returns of items shipped in error and credit the Customer for the full amount. Within five (5) Business Days of the Customer's request, the Contractor shall provide the Customer with a prepaid return label or prepaid self-addressed container suitable for returning the item. Delivery of correct items will be at no cost to the Customer. 9. The Contractor shall not impose any restocking fee under any circumstance. 10. Device provisioning errors must be corrected by the Contractor. 11. The Contractor shall not provide salvaged, distressed, outdated, or discontinued merchandise. 12. The Contractor shall obtain and pass through to the Customer any and all warranties obtained or available from the manufacturer/licensor of the cellular product. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. nter the response here — 250 words 3.22 Cooperation with Other Contractors This subsection is applicable to both WVS and WDS. The Contractor must fully cooperate with DMS, Customers, and other contractors providing telecommunications services to the State. The Contractor must not commit or permit any act which will interfere with the performance of work by any other Contractor or Customers. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the corporate commitment to interact and work collaboratively with other Contractors and subcontractors, creating a team of SUNCOM service providers. [Enter the response here - 100 words] ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 40 of 66 Mobile Communication Services 511 3.23 Customer Migration This subsection is applicable to both WVS and WDS. This subsection addresses the migration to services under this Contract. Attachment C, SLA - B10. The Contractor shall: 1. Provide all reporting activities listed in SOW subsection 3.27.5(1)(b) and SOW subsection 3.27.5(1)(c). 2. Assist as necessary to migrate existing Customers to this Contract. 3. Not charge any non-recurring charges as part of the migration. 4. Not charge for service activations and SIM cards. 5. Provide end-users with the option to maintain their existing cellular device(s) and/or phone number(s) at no charge. 6. Coordinate and communicate with DMS and Customers throughout all aspects of the migration. 7. Complete the migration in one -hundred and twenty (120) calendar days. a. For incumbent Contractors, this commenceswith DMS acceptance of the Services Infrastructure Checklist and ends when all Customers are identified as either migrated or no longer receiving services from the Contractor. b. For non -incumbent Contractors, this commences with DMS acceptance of the Services Infrastructure Checklist and ends when all Customers identified as purchasing services from the non -incumbent Contractor are migrated. c. Migration does not include new Customers or Customers changing their services after migration. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. [Enter the response here —1,000 words] 3.24 Transition for Future Iterations of this Service This subsection is applicable to both WVS and WDS. This subsection defines requirements associated with the end of the Contract to transition to the replacement contract for future iterations of these services or similar services. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 41 of 66 Mobile Communication Services 512 The Contractor shall provide transition duties until all Customer services have been transitioned, migrated, or discontinued and the Contractor has billed Customers their final invoices and resolved all disputed charges. The Contractor shall develop and implement a transition plan and perform all tasks identified in the plan in a timely manner to mitigate service disruptions (see subsection 3.23). The Contractor shall participate in meetings with the State, Customers, and other service provider(s) as reasonably required by the State in planning for the transition. There shall be no additional cost to DMS or Customers for transition activities. The Contractor shall timely and consistently coordinate and communicate with DMS and Customers, and other service providers, throughout all phases of the transition to ensure an orderly and efficient transition of services to any replacement contract. The Contractor will be required to perform end -of -service transition activities, which may take place at any time during the Contract term, and end -of -Contract transition services prior to the expiration or termination of the Contract. The full transition of existing services to replacement services and contracts is hereby explicitly made a criterion for completing the Contract Transition Plan. Upon request by DMS, the Contractor will be required to submit a transition plan for services within sixty (60) days with sufficient detail for DMS's review and approval. DMS reserves the right to request modifications. The plan must include and describe in detail: 1. How the transition will be accomplished in the least disruptive way. 2. The Contractor's commitment to continue to provide services and Contract resources under the existing terms and conditions of the Contract during the transition, including any restrictions and/or limitations. 3. The Customer impact and the Contractor's commitmentto minimizing any impact (e.g., business needs, complexity of service, services impacted by special programs, etc.). 4. Identification of tasks dependent upon the State's data or resources. 5. Identification of all Customers by service type and unique product identifier. 6. Plan for transparent transition of services to support the continued billing, collection, and remittance of cost recovery rate for services. 7. Use of industry -accepted project management methodology throughout the transition process. Overlapping services may be required when transitioning from one large infrastructure to another, and transition maytake multiple years to complete. DMSwill not be obligated to maintain Contract services for any set number of users or locations during the transition. The Contractor is required to work with DMS, Customers, and any other DMS contractor as expeditiously as possible in order to transition. ITN No.: DMS -19/20-006 Page 42 of 66 Attachment A: Statement of Work Mobile Communication Services 513 The Contractor agrees to: 1. Cooperate with all entities to ensure an orderly and efficient transition of services. These efforts include taking all necessary steps, measures, and controls to ensure minimal disruption of services during the transition. 2. Maintain staffing levels that are sufficient to handle a smooth, complete, and expedient transition. 3. Transfer all applicable knowledge, including, but not limited to, the devices, software, and third -party Contract services. 4. Provide all data related to the delivery of services, requested by DMS, that is not a tangible or intangible licensed product that existed before Contract work began. The Contractor shall bear the burden of proving existence before Contract work began, including, but not limited to, databases and other repositories of information (for example, operational, user, and administrative information). 5. Upon request, promptly deliver to DMS, whether or not previously made available, all up- to-date guides, manuals, and training materials including operational, user, administrative, and any other guides and procedures the Contractor follows. All documentation created forthe purpose of supporting, operating, maintaining, upgrading, and enhancing services, including, but not limited to, design documents and device configurations for services, shall be promptly delivered to DMS upon request, whether or not previously made available. 6. Assist DMS and any other DMS contractor with the planning and installation of any services to facilitate business continuity. 7. Respond promptly and completely to all questions related to the transition. 8. Provide all services and functions necessary for a complete, smooth, and expedient transition. 9. Assist the Department with the installation of network -to -network connections to facilitate continuity for MCS sites. Network -to -network connections will be paid for by the Department. At the time DMS initiates the transition plan, the Contractor shall provide the DMS Contract Manager weekly Transition Status Report. The report shall include all impacted Customers. The format, content, and level of detail must be approved by DMS. After each End-user service transition is completed and the transition status and the billing account status both achieve 100% completion on the Transition Status Report for two (2) consecutive weeks, the Contractor may delete the service line item from the next weekly Transition Status Report. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.25 Contractor Meetings with DMS This subsection is applicable to both WVS and WDS. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 43 of 66 Mobile Communication Services 514 This subsection includes requirements applicable to subsections 3.26.1 through to and including 3.26.4. The Contractor is required to attend all meetings referenced in this section plus ad hoc meetings as DMSdeems necessary. Meetings will be held either at the DMSofficesin Tallahassee, Florida or virtually. DMS may, at its sole discretion, require the Account Manager and other Contractor's staff attend the meeting in person or allow remote attendance via a mutually agreed-upon conferencing service. For virtual meetings the Contractor will be responsible for providing the video conference call bridge. For all meetings referenced herein, the Contractor is responsible for the business and administrative tasks associated with the meetings, including, but not limited to, creation of a meeting agenda developed in conjunction with DMS, preparing of any materials, meeting minutes, and other meeting planning efforts. SLA violations include, but are not limited to, inadequate participation of required staff and inadequate preparation. Meeting preparation must include background materials and reports. 3.25.1 Weekly Conference Call The Contractor shall initially participate in a weekly conference call with DMS to discuss and provide status updates on all open or unresolved issues in the escalation queue. It is the responsibility of the Contractor to coordinate and initiate the call at a time acceptable to the Department's staff. The call frequency is expected to be modified by DMS to monthly or quarterly during the initial Contract term, which is in DMS'sole discretion and dependent on implementation and migration. 3.25.2 Monthly Operational Meetings The Contractor is required to hold monthly meetings with DMS to review and audit, at a minimum, customer support, escalations, security, and SLA reporting services. These meetings may include, but are not limited to, discussions of the network and all of its services, review of operational concerns, technical updates/changes, SLA Compliance Report, Escalation Activity Report, Direct -Billed Monthly Report, Direct -Billed Quarterly Report, security, policy, design, and administrative topics. While there will be discussions of current and future services, these meetings are not sales meetings. Agendas for these meetings will include operational and administrative items, including, but not limited to, review of operational concerns, reviewing and auditing phone tree accuracy, updates to the staff notification process, and any proposed operational changes. 3.25.3 Project Management Monthly Review Meetings The Contractor is required to hold monthly meetings with DMS for project management during the Project Implementation Phase. Attachment SLA -C1. The Project Implementation Phase ITN No.: DMS -19/20-006 Page 44 of 66 Attachment A: Statement of Work Mobile Communication Services 515 starts with DMS acceptance of a completed Services Infrastructure Checklist. The Contractor will set the agendas for these meetings, which will include, at a minimum, details of the previous period's achievements, the progress on upcoming and existing activities, changes, identified risks and recommendations to mitigate risk, forecasts, project progress, a list of discussion points, and action items with the associated responsible party and due date. 3.25.4 Project Implementation Phase — Project Kickoff Meeting The Project Kickoff Meeting will take place during the Project Implementation Phase within thirty (30) days of Contract execution. Attachment SLA -C2. The agenda for this meeting will include, at a minimum, introductions, review of staffing roles, and review of project scope. The Contractor's Key Required Staff are required to attend the Project Kickoff Meeting. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.26 Project Management This subsection is applicable to both WVS and WDS. The Contractor must provide project management services in accordance with the DMS regulations set forth in Chapter 74-1, F.A.C., for Project Management. All Project Management documents must be submitted as either a Microsoft Word 2016 (or higher) document or Adobe pdf. The Project Management Implementation Schedule shall be submitted as a Microsoft Project document. All project management documents will be submitted to the DMS Contract Manager. The following subsections contain the minimum requirements for MCS Project Management: 3.26.1 Project Management - Project Charter and Project Management Plan 1. The Contractor shall create a Project Charter (see Attachment C, SLA -D1). The Project Charter must formally authorize the existence of a project and provide DMS and the Contractor's Project Manager with the authority to apply organizational resources to project activities. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. 2. The Contractor shall create a Project Management Plan (see Attachment C, SLA -D2). The Project Management Plan must describe how the project is monitored, controlled, and executed. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 45 of 66 Mobile Communication Services 516 The plans listed below are additional components of the Project Management Plan. However, the plans listed below are deliverables separate from the Project Management Plan and subject to final acceptance by DMS. 3. Readiness Plan. (See Attachment C, SLA -D3.) The Contractor must deliver a detailed organizational Readiness Plan and associated plans that outline a readiness methodology, approach, activities, dependencies, and assumptions for key stakeholders to successfully support project activities. 4. Communications Management Plan. (See Attachment C, SLA -D4.) The Contractor must develop a Communications Management Plan that defines all communication touch points between the Project and all impacted stakeholders. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. 5. Risk Management Plan. (See Attachment C, SLA -D5.) The Contractor must submit an acceptable Risk Management Plan that defines all potential areas of Customer and Department risk and the related risk strategy. 6. Requirements Management Plan. (See Attachment C, SLA -D6.) The Contractor must submit an acceptable Requirements Management Plan. The Contractor is responsible for managing all business requirements, including confirmation, design, development, testing, and validating that they are ultimately met during implementation. The Contractor's Project Manager will work with DMS to develop and administer a plan to effectively manage requirements throughout the Project. 7. Disaster Recovery Plan. (See Attachment C, SLA -D7.) The Contractor must deliver a detailed Disaster Recovery Plan and associated plans that outline a disaster recovery methodology, backup procedures, recovery plan, restoration plan, rebuilding process, testing of the disaster recovery plan and record of plan changes. The plan will include the following, at minimum: 1. Plan Objectives. 2. Assumptions. 3. Definition of Disaster. 4. Recovery Teams. 5. Team Responsibilities. 6. Internal and External Communications. 7. Federal, State, Local Roles and Responsibilities. 8. Services Restoration. 9. Support Timeline. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 46 of 66 Mobile Communication Services 517 3.26.2 Project Management - Implementation Phase The Project Implementation Phase starts after DMS acceptance of the Project Charter and ends with DMS acceptance of a completed Services Infrastructure Checklist. Each of the items described in this section is a deliverable that must be submitted to, and accepted by, the DMS Project Manager. 1. Prosect Management Implementation Phase Schedule. The Contractor shall create a Project Management Implementation Phase Schedule. Attachment C, SLA -D8. The document must be baselined, be resource loaded with predecessors, successors, durations, costs, and calculated earned value metrics Cost Performance Index (CPI) and Schedule Performance Index (SPI), and updated every two (2) weeks as needed until the completion of the Project Implementation Phase. This must be accompanied with a narrative which includes the current status of the project, actions that have taken place in the last two (2) weeks, any new risks and their associated risk mitigation plans, any new issues, identification of any tasks more than ten percent (10%) behind schedule, and a plan to complete the task(s). The Contractor shall create and maintain a Microsoft Project 2016 (or higher) schedule to incorporate all project activities to the agreed-upon work breakdown structure level. The schedule must include, at a minimum, task durations, start and finish dates (baseline and actual), predecessors and successors, resources, deliverables, and milestones, and must calculate CPI and SPI earned value metrics. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. 2. Prosect Management Tracking Logs (Risks, Issues, Action Items, Decisions, and Operational Changes requested). The Contractor shall create Project Management Tracking Logs (tracking logs.) Attachment C, SLA -109. These are updated as necessary, as determined by the Contractor and DMS. The Contractor must identify, assess, document, and recommend mitigation strategies by updating and submitting to DMS the tracking logs at a minimum of bi-weekly to reduce project risks and issues. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. 3. Project Status Report. The Contractor shall create Project Status Reports. Attachment C, SLA -1010. The Contractor must provide bi-weekly Project Status Reports, which are due via email to the DMS Contract Manager each Thursday by 5:00 PM Eastern Time, and must include: a. A narrative description of significant project activities that have been conducted or are underway. b. The progress -to -date on project activities. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 47 of 66 Mobile Communication Services 518 c. An explanation of any tasks/activities that are behind -schedule and a plan to bring them current. d. Notification of issues or risks that have been encountered and their resolution or plan forfuture resolution. e. Upcoming deadlines. 3.26.3 Project Management - Guides The Contractor shall create the following guides. These guides are deliverables subject to final acceptance by DMS. The Contractor shall update the guides when necessary as determined by either DMS or the Contractor. Attachment C, SLA -D11. 1. WDS and WVS Operations Guides. The Contractor shall create and maintain WDS and WVS Operations Guides describing the operational relationship between the Contractor and DMS. The guides must establish procedures to be followed by the Contractor while delivering services. This includes engineering, operational, and business processes for service delivery. At a minimum, the guides must include ordering, troubleshooting, trouble reporting, service provisioning, SLA monitoring, and invoicing processes. 2. WDS and WVS User Guides. The Contractor shall provide WDS and WVS User Guides that provide a set of instructions for the End-user. The User Guides must also contain device specifications, such as a recommendation of number of simultaneous users that each device can support. 3.26.4 Project Management - Closure The Contractor shall create project closure documentation. (See Attachment C, SLA - D12.) The project closure documentation must include a lessons learned document, final schedule, and retrospective of the project. 3.26.5 Project Management - Implementation Plan and Customer Specific Migration Plans 1. Implementation Plan. The Contractor must submit a detailed Project Implementation Plan to the Contract Manager. (See Attachment C, SLA -D13.) The Implementation Plan must address all activities in the Project Implementation Phase, which starts after the acceptance of the Project Charter and ends with DMS acceptance of a completed Services Infrastructure Checklist. a. The Implementation Plan must outline an implementation, approach, activities, dependencies, and assumptions for key stakeholders to support a successful project implementation. The Implementation Plan shall include, at a minimum: i. Schedule of activities, including all Services Infrastructure Checklist Activities. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 48 of 66 Mobile Communication Services 519 ii. Resource allocation. iii. Implementation and migration preparation planning and impact analysis. iv. Network support. v. Operations Centers (operational and security). vi. Day-to-day operational support services. vii. Training — cross reference training section. b. The Contractor shall provide weekly reporting regarding migration. Attachment C, SLA -D14. The reporting, which shall exclude any information regarded as Customer Proprietary Network Information (CPNI), should detail the number of current End-users per agency/entity, the progress of migration, and note any End- users that have notified the Contractor they will no longer be using its service. This report shall include details on the Contractor's communication with Customers regarding notification of this Contract and required Customer actions. This report is due to the DMS Contract Manager on a weekly basis, commencing with the completion and DMS acceptance of the Services Infrastructure Checklist and ending when all End-users are identified as either migrated or no longer receiving services from the Contractor. The format, content, and level of detail must be approved by DMS. c. Non -Incumbent Contractors shall provide weekly reporting regarding migration. Attachment C, SLA -D15. The reporting, which shall exclude any information regarded as CPNI, should detail the numberof End-users identified as purchasing services from the Non -Incumbent Contractor per agency/entity, and the progress of migration. The reporting shall include details on Contractor's communication with Customers regarding notification of this Contract. This report is due to the DMS Contract Manager on a weekly basis, commencing with the completion and DMS acceptance of the Infrastructure Checklist and ending when all End-users identified as purchasing services from the Non -Incumbent Contractor are migrated. The format, content, and level of detail must be approved by DMS. 2. Individual Customer -Specific Migration Plans. The Contractor must submit these plans in accordance with the requirements in this section to DMS and the Customer. Attachment C, SLA -D16. The Contractor will be responsible for creating Individual Customer -Specific Migration Plans as each existing and new Customer migrates to MCS, which shall exclude any information regarded as CPNI. Additionally, a migration plan may be required if a Customer undertakes a significant or complex change in how it operates under MCS. These plans will vary based on the proposed service and the complexity of the service migration, but must include, at a minimum: i. Schedule of activities, which is consistent with the Project Implementation Phase schedule. ii. Resource allocation. iii. Migration and preparation planning. 1. Impact analysis. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 49 of 66 Mobile Communication Services 520 2. Stakeholder communications plan. iv. Migration management. v. Training — cross reference training section. Given the statements in subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. nter the response here - 500 words 3.27 Project Management - Services Infrastructure Checklist This subsection is applicable to all Contractors. The Contractor must complete the Services Infrastructure Checklist provided below in accordance with this subsection and submit the checklist to the DMS Contract Manager and DMS Product Manager. Attachment C, SLA -D17. The Contractor will be required to complete a series of readiness activities before DMS accepts services, systems, and processes as ready for production. The Project Implementation Phase will close only when all items on the Services Infrastructure Checklist are complete and accepted by DMS in writing. Upon request, the Contractor will be required to provide DMS any documentation necessary to demonstrate Contractor's compliancewith the Services Infrastructure Checklist prior to DMS written approval of the Final Services Infrastructure Checklist. The Contractor shall not deliver any services to Customers until the Project Implementation Phase is closed. The Contractor may engage with Customers for planning purposes before the close of the Project Implementation Phase. All requirements on the Services Infrastructure Checklist must be fulfilled in accordance with the Contract including, but not limited to, the SOW. Additional requirements may be added to the Services Infrastructure Checklist at the discretion of DMS. DMS must approve in writing all items listed in the Services Infrastructure Checklist before the Contractor is permitted to charge for any service or device to Customers. The timeline for the Contractor's completion of the Services Infrastructure Checklist will be approved in writing by the DMS Project Manager during development of the project Implementation Plan. Any changes to the Services Infrastructure Checklist, including requirements and timeline, must be approved in writing by the DMS Project Manager, in DMS' sole discretion. ITN No.: DMS -19/20-006 Page 50 of 66 Attachment A: Statement of Work Mobile Communication Services 521 ITN No.: DMS -19/20-006 Page 51 of 66 Attachment A: Statement of Work Mobile Communication Services 522 ITN No.: DMS -19/20-006 Page 52 of 66 Attachment A: Statement of Work Mobile Communication Services 523 SOW Section 6 6 The Contractor has demonstrated the MFMP Punchout catalogs are ready, and the Contractor is ready to accept orders through MFMP. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 4. Public Safety Service Plans and Devices The requirements of this Section 4 are only applicable if the Contractor is providing public safety services, as identified in the Contractor's BAFO. If applicable, must adhere to all minimum requirements of this SOW, including those of this subsection. 4.1 Deployable Technologies The Contractor must have mobile communication units that are deployable technologies. Generally, the Contractor will deploy these mobile communication units during emergency situations to the affected area. The Contractor will install these units during emergencies and may use existing satellite, microwave, or radio systems for backhaul. The Contractor must have a robust regionalized deployable strategy, ensuring that deployable network equipment is available and fully operational, with the required backhaul and/or networking capabilities, throughout the State. The Contractor must coordinate and cooperate with DMS, and any federal, State, or local emergency management agency in providing for emergency communications services, including the Department of Emergency Management, and all other entities that are part of the ESF-2 function. These deployable technologies are generally characterized as the following: 1. Cell on Wheels: a cellular base station on a trailer with an expandable antenna mast and usually a microwave or satellite link back to the main controller. 2. Cell on Light Truck: A cellular base station on a light truck platform with an expandable antenna mast and usually a microwave or satellite link back to the main controller. 3. System on Wheels: a full base station and controller on a trailer/truck/big rig/etc. This is a fully self-contained cellular system that can provide an island system with no need for satellite/microwave link back; applicability of this type of deployable technology may be limited if there is no internet connectivity. 4. Unmanned Aerial Systems (UAS) and Robotics: Deployable UAS (e.g., drones) in the Class G uncontrolled airspace (400' above ground level), fixed, multi -rotor, and tethered UAS, some of which are capable of providing hot spot and wide -area ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 53 of 66 Mobile Communication Services 524 coverage. Similar waterborne vehicles include remotely operated vehicle and unmanned underwater vehicle. 5. Other systems: Includes, but is not limited to, vehicular network systems and man - packs. 4.2 Local Control The Contractor must provide priority and preemption to public safety entities during times of emergency. The priority and preemption will be determined and invoked by the public safety entities through a local control portal. The local control portal shall allow the Customer to enact and deactivate priority and preemption, which shall be controlled by authorized Customers. The Contractor's public safety service plans and devices must not be throttled during an emergency. 4.3 Local control portal In addition to the requirements of subsection 3.20 Contractor's MCS Portal, the Contractor shall provide a public safety portal (dashboard). The information held in this dashboard shall include, but is not limited to, the status of the Statewide network and alerts on outages. All features and functionality shall be available to DMS in real-time at all times. The number of DMS dashboard users shall be determined by DMS, and each user shall have a unique log -in and password. 4.4 Public Safety Standards Public safety service plans and devices shall be in compliance with 3rd Generation Partnership Project Technical Specification 33.180. The Contractor's public safety service plans and devices must perform to the most recent version of the standards described in TL -9000 Quality Management, ISO 9001, ATIS-100009 Overview of Standards in Support of Emergency Telecommunications Service, ITU -T Y.1271 framework on network requirements and capabilities to support emergency telecommunications over evolving circuit -switched and packet -switched networks. 4.5 Demonstration Devices Upon DMS request, in addition to any other test devices required by this SOW, the Contractor shall provide wireless demonstration equipment (including airtime) for use by the Department for the purposes of testing and evaluation at no additional cost. The demonstration equipment shall be made available for a minimum period of sixty (60) Business Days. Any demonstration equipment, forms, and processes shall be provided, managed, and maintained by the Contractor. The Contractor will coordinate directly with any other State agencies regarding public safety service demonstration equipment, notifying the Department in advance of these activities. ITN No.: DMS -19/20-006 Page 54 of 66 Attachment A: Statement of Work Mobile Communication Services 525 4.6 Public Safety Customer Support The Contractor must provide a dedicated help desk number for support of its public safety service plans and devices. The Contractor must develop and abide by an escalation procedure specific to public safety real- time network issues and public safety End-user issues. The procedure must include names, titles, phone numbers, and email addresses of contacts in the Contractor's public safety escalation chain. The Contractor shall notify the DMS Product Manager in writing of any unresolved user issues or real-time network issues that have been outstanding for more than ten (10) Business Days. The Contractor should limit access to the public safety plans to only Customers that are Public Service Entities as recognized by the First Responder Network Authority. 4.7 Public Safety Reporting The Contractor shall timely provide a monthly Public Safety Service Plans and Devices Report to the Department's Contract Manager. Attachment C, SLA -E1. The report shall contain public safety Customer agency, End-user usage, End-user devices, rate plans, and any other related information DMS requires. This report shall not include any information that is considered CPNI. The format, content, and level of detail must be approved by DMS. 4.8 Public Safety Marketing In addition to any other Customer webpages required by this SOW, the Contractor shall provide specific information on its MCS portal related to its public safety service plans and devices. This should include, at a minimum, information on ordering, devices, apps, service offerings, and accessories. The Contractor shall provide the Department with a copy of all materials used by Contractor, and its subcontractors, to promote or advertise public safety specific service plans and devices to Florida's public safety user community. The Contractor will submit this information to the DMS Project Manager once per quarter, or as requested by DMS. Mission critical Push -to -Talk (PTT) devices and services shall not be advertised or marketed to State public safety entities as "mission critical," as defined by the National Public Safety Telecommunications Council (NPSTC), until demonstrated to the Department that the Contractor's PTT is in compliance with NPSTC's requirements, and approved in writing by, the Department. ITN No.: DMS -19/20-006 Page 55 of 66 Attachment A: Statement of Work Mobile Communication Services 526 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 5. Business Operations All services can be direct ordered by the Customers via email, phone call, or the Contractor's MCS portal. The Contractor shall also accept orders through CSAB and MFMP. Billing may be through CSAB or direct billed to the Customer. DMS shall make the final determination on which services are ordered and / or billed through CSAB, M FM P, direct ordered, or direct billed. This subsection is applicable to DMS -billed services, unless otherwise stated. 5.1 General Description of the SUNCOM Business Model In accordance with subsection 282.703(2), F.S., DMS has developed a system of equitable billings and charges for Customers. The CSAB system is the ordering, billing, incident management, and inventory system referred to in Chapter 60FF-2, F.A.C., that the Contractor is required to utilize. When Customers log -in to CSAB, they can perform the following functions: 1. Establish and maintain Customer accounts. 2. Manage billing accounts. 3. View a comprehensive list of available MCS offerings. 4. Place orders. 5. View their complete inventory of services and invoices with associated and detailed charges. For DMS -billed MCS accounts, the Contractor will bill DMS monthly for services rendered to all Customers and provide DMS with substantiating details in electronic files (for example, comma delimited). The Contractor will include in the substantiating detail charges with unique identifiers for each transaction (for metered services) and service account. 5.2 Communications Service Authorization and Billing Transaction Flowchart The Contractor will use seven (7) Business -to -Business (1326) transactions between DMS and Contractor, as depicted on the next page: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 56 of 66 Mobile Communication Services 527 SUNICOM Steady State Business Process DST Vendor Service Catatog B'B nnsin- a Bticines- to Business Jec branic Elleccage', batch files alid!of A-ppbr.atioti Pfogianihateffwe, (Arl I s) e=,hangAng au of the &1EC tfctiie data tleCeSE-U7 to the L-UIUCL'On. C LB w2 jaf,=ide altematire nunual ilip ut aptiom to, the 7-el-ldol: Ecm: I= raltume tL REIS RC 601-IS7 butwin not nutio-u-U7 input u17 data on behalf cf therendcd:. 9 'S7UNCO2,lCliefitactioLizeqLufecI `O SUNCOMClieritnotifecl ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 57 of 66 Mobile Communication Services 528 5.3 Communications Service Authorization and Billing — Official Record CSAB is the authoritative source of all data. The CSAB system is the official record of the inventory and costs of SUNCOM services, including MCS. If the Contractor claims any inaccuracies in CSAB data, the data will be considered accurate unless substantially proven otherwise, at DMS' sole determination. The Contractor shall not enable or ask DMS or Customers to input ordering and/or invoicing data into CSAB on behalf of the Contractor. 5.4 Communications Service Authorization and Billing - Interface with Contractor The Contractor shall use Application Programming Interfaces (APIs) to implement transactions between CSAB and the Contractor. DMS will test and approve the interface prior to Contractor accepting orders for services and devices. The following requirements apply with regard to the Contractor's APIs with CSAB: 1. The Contractor's API enables data transfer between CSAB and the Contractor's system. 2. When data is sent from CSAB, the Contractor's API must send back an acknowledgement to CSAB. 3. The Contractor's API will perform functions automatically at near real-time. 4. The Contractor shall develop and maintain functional crosswalks between the Contractor's system and CSAB, which maps the data elements in CSAB to equivalent data elements in the Contractor's system. The Contractor will also support DMS' efforts to create functional crosswalks. 5. It is the Contractor's responsibility to ensure data has been received by CSAB, including resending data that has not been acknowledged by CSAB. 6. The Contractor shall provide a testing environment for quality assurance, accessible by DMS. 5.4.1 Batch Routines The second method the Contractor shall utilize to implement transactions with CSAB is through batch routines, which are periodic exchanges of data files containing a large number of records. An example of a batch routine is monthly delivery of invoicing substantiation files (1326-6), due to the large volume of data. 5.4.2 Manual Review and Data Entry by Contractor Staff The third method the Contractor may utilize to implement transactions within CSAB is by manual review and data entry. The Contractor can use CSAB screens to view a submitted order from a Customer and mark that order as fulfilled, rather than use 13213-3 and 132134 transactions. ITN No.: DMS -19/20-006 Page 58 of 66 Attachment A: Statement of Work Mobile Communication Services 529 The Contractor shall only use manual review and data entry as a method of last resort and only with prior written approval by DMS Contract Manager. The Contractor shall not use manual review and data entry for invoicing substantiation (1326-6). 5.5 Communications Service Authorization and Billing Service Catalog MCS services and devices must be approved by DMS and entered into the CSAB Service Catalog prior to making them available for use or purchase by any Customer. DM S will have sole discretion over the CSAB Service Catalog and any updates. The Contractor shall use the following three (3) types of charges for the billing of MCS services: 1. One-time charge: a single payment for a service or item (e.g., hardware installation). 2. Monthly charge: monthly fixed and recurring charge 3. Metered charge: incremental charge based strictly on usage of the service (e.g., data overage charges). The Contractor shall comply with the requirements of Chapter 60FF-2, F.A.C., in its use of CSAB. 5.6 Taxes and Government Sanctioned Fees The Department and Customers do not pay State or federal taxes. Taxes are defined here to include payments that the Contractor is required to collect by law and pay to public entities. Government -sanctioned surcharges and fees, if the Customer is not exempt, must be collected by the Contractor and may be payable by the State. Any new or modified government -sanctioned surcharge or fee must be provided to DMS for review and approval. If approved, the Contractor can then submit a request to update the CSAB Service Catalog. The standard process whereby the Contractor submits a request for inclusion of services in the CSAB Service Catalog and DMS approves them must be implemented for a new or modified surcharge or fee with the following additional requirements: 1. The catalog item must be tagged as a government -sanctioned surcharge or fee. 2. The description field provided by the Contractor must clearly identify the surcharge or fee. 3. The Contractor must provide the DMS Contract Manager with information sufficient for DMS to develop formulas that replicate the charges through calculations against invoicing substantiation data. The DMS Product Managerwill approve the Contractor request if the update to the CSAB Service Catalog is in accord with the amendment. 4. The surcharge or fee must be billed at the inventory ID level and not billed as a lump sum. 5. The Contractor must give DMS advance notification of anticipated surcharge or fee changes with the DMS -approved effective date the charges will be incurred and the amount/percentage. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 59 of 66 Mobile Communication Services 530 Non-government sanctioned surcharges and fees, such as activation fees and termination fees, are not chargeable under this Contract. 5.7 User Access Privileges for the Contractor The Contractor's user CSAB access privileges must be approved and monitored by a Contractor - assigned CSAB Administrator. User access privileges allow the following functions: 1. Manually receive and closeout orders to the Contractor. 2. Review past orders submitted to the Contractor. 3. Review a robust set of inventory data for services provided by the Contractor. 4. Other access as allowed by DMS. DMS reserves the right to terminate CSAB user access privileges of any Contractor staff without cause or notice. 5.8 Work Orders Customer work orders are sent to the Contractor as 13213-3 transactions. The Contractor can log- in to CSAB as prompted by a CSAB email to see submitted orders. The Contractor is required to respond to the Customer with distinct 13213-4 fulfillment data for each item, or service, in a work order. Multiple item orders with only a single order number are not fulfilled until every item is delivered. Some key data elements in addition to CSAB-assigned Inventory ID are: 1. Order ID — identifies a request for one (1) or more items. This ID is associated with everything in a "shopping cart" when a Customer "checks -out." 2. Work Order ID — is associated with each item request within an order that can be fulfilled separately from the rest of the order and requests action for one (1) Service Installation ID. 3. Installed Option ID — identifies the service, feature, or hardware from the CSAB Service Catalog that was requested in the work order. 4. Service Installation ID — identifies the service account resulting from order fulfillment. It is the unique inventory entry in CSAB and is equivalent to, but not the same as, distinct IDs used by Contractor to track status, usage and charges (e.g., circuit ID, phone number, hardware serial number, etc.). The Contractor is required to provide all of the required fulfillment data in CSAB. The Contractor shall not charge the Department for any orders from which key fields data, installation dates, or disconnect dates are missing or incorrect. The effective bill date cannot be more than forty-five (45) days from the date the order is closed. Attachment C, SLA -G1. ITN No.: DMS -19/20-006 Page 60 of 66 Attachment A: Statement of Work Mobile Communication Services 531 Some orders will include configuration data, including IP addresses, to enable establishing closed user groups on MFN. 5.9 Inventory Every order, and many other actions related to MCS services, is permanently logged into CSAB. This inventory is a basis for DMS audits of Contractor charges; i.e., if a billed service is not in the inventory or the inventory shows it was not active during the invoicing period, DMS will dispute the charge. The CSAB inventory is also a useful tool for DMS, Customers, and Contractor to see what has been ordered, its status, location, cost, any associated comments, etc. CSAB inventory is structured around key data elements. Inventory records are not valid without these key fields. CSAB by default has primacy when there are discrepancies between the inventories of the Contractor and CSAB. The Contractor is required to maintain a corresponding inventory as a basis for invoicing DMS. Periodic reconciliation may be implemented between CSAB and the Contractor's inventory through B2B-5 transactions, at DMS'sole discretion. This will avoid waiting until the Contractor invoices DMS to discover these inconsistencies and having to resolve them through billing disputes. DMS will provide for an exchange of inventory data throughout the month using transaction 13213-4. There is no manual substitute for this process. 5.10 Invoicing Requirements The Contractor will invoice DMS for all fulfilled orders based on a calendar month with invoices and electronic details submitted to DMS. Attachment C, SLA -F1. Invoices to DMS will consist of: 1) invoices for payment on an unchangeable format (e.g., paper) that reflect the total wholesale charges for the month (referred to herein as a, "handbill"), and 2) electronic detail files that substantiate all billable services. The total of substantiated detail charges must match the payment requests on each of the handbills. All credits due must be reflected on the invoice related to the first available billing cycle after the credit has been determined. Both the handbill and electronic files for the CSAB portion must be received no later than the 10th calendar day of each month. 5.11 Electronic Substantiating Detail File The invoice substantiation file consists of electronic detail listing all billable services and activities with all unique IDs necessary to be auditable bases for all charges. The detail file must include all charge data on one-time purchases, active service periods, and incremental activities. All charges must be attributable to distinct identifiers for the services as negotiated in the CSAB Service Catalog, and each discrete charge must be distinguished by a service identifier. Metered charges must also include date/time stamps for each billing event and the dates of the billing cycle (start ITN No.: DMS -19/20-006 Page 61 of 66 Attachment A: Statement of Work Mobile Communication Services 532 and end). The file must be provided to DMS using a mutually agreed-upon, secured delivery method, and mutually agreed-upon format. 5.12 Audit of Contractor Invoices DMS will audit invoices to validate all charges against the current inventory of provided services and the prices associated with the CSAB Service Catalog. If the electronic substantiating detail provided by the Contractor contains some errors but: a) is complete (i.e., contains all of the required data elements); b) substantially corresponds with the CSAB inventory and CSAB Service Catalog; and c) matches the handbill, then DMS will send an audit exception report (1326-7) to the Contractor detailing any disputed charges. At this time, this is a manual process. At any time during the Contract term, this may become an electronic process, at DMS'sole discretion. DMS staff will request credits/debits for any audit exceptions on the current invoice and work with Contractor staff to reconcile charges and system data to resolve the exceptions within one (1) billing cycle from receipt of dispute. If Contractor has not resolved audit exceptions within one (1) billing cycle, the charges will be adjusted as determined by DMS. 5.13 Mandatory Interface with the Contractor All work orders will be submitted to the Contractor via CSAB or similar system as deployed by DMS. Direct billed Customers will interface solely with the Contractor. 5.14 Properly Authorized Work Orders No WDS will be provisioned unless the Contractorhas a properly authorized work order submitted by DMS through CSAB. Direct billed Customers will interface solely with the Contractor. 5.15 General Billing Requirements The Contractorwill maintain a detailed database that uniquely identifies each pricing component. The CSAB Service Catalog contains unit prices and all qualifiers that are applied to unit prices in order to create an unambiguous database of WDS billable line items. A specific billing code shall have only one (1) unit amount. 5.16 Billing Start The Contractor shall meet the following criteria to complete billing starts: 1. All bills should commence on the 1St and run through the end of the month based on the completion date. Fractional charges are based on the effective bill date. 2. The Contractor cannot retroactively bill for services received before the, the start date of a Purchase Order in MFMP, or is otherwise ordered by the Customer. ITN No.: DMS -19/20-006 Page 62 of 66 Attachment A: Statement of Work Mobile Communication Services 533 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. 6. Direct Ordering and Billing This section is applicable to WVS and certain approved WDS items. The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Contractor submitted an invoice directly to a SUNCOM Customer. The Contractor will accept orders from Customers for all WVS devices, rate plans, and services through MFMP. All direct -billing will be done in accordance with Rule 60FF-2.007, F.A.C. The Contractor will cooperate with the Department and M FM P (and any authorized agent or successor entity to M FM P) to deliver direct -billed WVS devices, rate plans, and services. The Contractor will work in cooperation with the MFMP vendor. All items available for purchase by any Customer that are listed on the most recent DMS -approved EUPL will be exhibited on the MFMP website as a Punchout catalog for Customers. The MFMP Punchout catalog shall be updated by the Contractor within one (1) Business Day of any updated EUPLs being posted on the Department's website. By acceptance of an M FM P purchase order, the Contractor agrees to all M FM P terms and conditions. 6.1 Services and Devices Sold to Direct -Billed Customers The Contractor will not make any service or device available to any Customer that has not been approved by DMS. If a new service or device is approved, the Department will add the service or device to the EUPL and provide a SUNCOM price for the Contractor to market to Customers. The Contractor shall not display or represent any other prices to Customers. 6.2 Cost Recovery Rate The Contractor will charge Customers the established rates, plus the SUNCOM Cost Recovery Rate (CRR). The CRRwill be included on all monthly -recurring Contractor's charges and invoices. The Department will be responsible for providing notification regarding the CRR to Customers. The Department will provide: i) notification on the MFMP website Punchout catalog, and ii) notification in a mutually agreeable format for OEUs not currently ordering through the MFMP website Punchout catalog. ITN No.: DMS -19/20-006 Page 63 of 66 Attachment A: Statement of Work Mobile Communication Services 534 The Contractor shall provide the Department with the CRR on all services sold to Customers that are direct -billed. The CRR will be assessed on the monthly recurring charges after all discounts, adjustments, and credits are taken into account. Additional charges, including but not limited to devices, taxes, surcharges, or regulatory fees, will not be included in the assessment of the CRR. The Department may modify the CRR through a written amendment to the Contract with ninety (90) days prior written notice to the Contractor. If mutually agreed upon, modifications to the CRR may take effect earlier than the ninety (90) days. The CRR will be the same for all Contractors providing MCS. In the event that the Department authorizes a Contractor to collect a lower CRR than on this Contract, the Department will incorporate the lower CRR into this Contract via amendment. The Contractor shall have sixty (60) calendar days after the amendment effective date to charge the CRR on the direct -billed invoices. The Contractorwill remit all funds collected pursuant to the CRR to the Department in the form of a quarterly check. The check will be accompanied with a complete Direct -Billed Quarterly Report. The check will be sent no more than forty-five (45) days after the end of the calendar quarter to cover the cost recovery amounts collected for the previous quarter. Attachment C, SLA -G1. Fees collected for the CRR will be thirty (30) days in arrears after the billing month in which the charges are invoiced on the direct -billed invoice. The Contractor will be required to remit funds associated with this requirement only when payment has been collected from the Customers that are direct -billed under this Contract. 6.3 Contract Association on Direct -Billed Accounts All direct -billed accounts established with Customers will include a corporate identifier for this Contract assigned by the Contractor in the billing system. 6.4 Monthly Reporting of Direct -Billed Accounts The Contractor will provide reporting and auditing in accordance with Rule 60FF-2.005, F.A.C. Additionally, the Contractor will provide the Department with an accurate Direct -Billed Monthly Report in an Excel format via e-mail of all direct -billed accounts including, but not limited to: the Customer's billing account name, Customer corporate identifier, number of active lines, total amount of charges, and billing month. Attachment C, SLA -G2. This report will substantiate quarterly payments remitted to the Department. In the event a discrepancy is cited, the Contractor will have thirty (30) days from the date of bill close to provide the Department with the data necessary to reconcile the discrepancy. In the event the Contractor cannot substantiate the cited discrepancy, the Contractor will be responsible for payment of the disputed amount within thirty (30) days. Online reporting and auditing via the Contractor's portal may be appropriate, if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. The format of the report is subject to DMS final approval. ITN No.: DMS -19/20-006 Page 64 of 66 Attachment A: Statement of Work Mobile Communication Services 535 6.5 Quarterly Reporting of Direct -Billed Accounts On a quarterly basis, the Contractor will provide the Department a Direct -Billed Quarterly Report that aggregates utilization monthly reporting. Attachment C, SLA -G3. The report requirements are as follows: 1. The report must be in an Excel format sent via e-mail of all direct -billed accounts, which will include the Customers' aggregate utilization (minutes, data, and text) and billed amount by device type and billing month. 2. The report must contain information sufficient for the Department to independently verify and validate by Customerthe utilization and billed amount by device type and billed amount and the cost recovery due to the Department. 3. The aggregate utilization reporting will not identify CPNI, such as but not limited to account names, subscriber number, or End-user level information for direct -billed Customers. 4. Online reporting and auditing via the Contractor's portal may be appropriate if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. 5. The format of the report is subject to DMS final approval. 6.6 Customers Liability Direct -billed Customers are solely liable for any performance, duties, payments, and responsibilities generated by their use of this Contract, fiscal or otherwise. As stated in Rule 60FF- 2.007(3), F.A.C., "the Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM [Customers] in instances where a vendor or SUNCOM Provider submitted an invoice directly to SUNCOM [Customers]." REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 65 of 66 Mobile Communication Services 536 Department of ' 'w"A MANAGEMENT SERVICES We serve those who serve Florida ATTACHMENT B DRAFT CONTRACT FOR 4050 Esplanade Way Tallahassee, FL 32399-0954: 1 Ron DeSantis, Governor Jonathan R. Satter, Secretary MOBILE COMMUNICATION SERVICES CONTRACT NO: DMS -19/20-006 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES _►D <<PARTY NAME>> ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 1 of 25 Mobile Communications Services 537 DRAFT CONTRACT Table of Contents: SECTION 1. CONTRACT TERM AND TERMINATION............................................................... 3 SECTION 2. CONTRACT DOCUMENTS AND HIERACHY........................................................4 SECTION 3. PAYMENTAND FEES.............................................................................................4 SECTION 4. CONTRACT ADMINISTRATION............................................................................. 6 SECTION 5. CONTRACT MANAGEMENT................................................................................... 8 SECTION 6. COMPLIANCE WITH LAWS....................................................................................9 SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION......................................................................................................................11 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY....................................................................................................... 12 SECTION 9. DATA SECURITY...................................................................................................14 SECTION 10. GRATUITIES AND LOBBYING............................................................................ 17 SECTION 11. CONTRACT MONITORING................................................................................. 17 SECTION 12. CONTRACT AUDITS........................................................................................... 19 SECTION 13. BACKGROUND SCREENING AND SECURITY ................................................. 19 SECTION 14. COMMUNICATIONS AND CONFIDENTIALITY..................................................21 SECTION15. LICENSING.......................................................................................................... 22 SECTION 16. PERFORMANCE BOND......................................................................................23 SECTION 17. CUSTOMER OF RECORD..................................................................................23 SECTION 18. SPECIFIC APPROPRIATION.............................................................................. 24 SECTION 19. MISCELLANEOUS...............................................................................................24 Exhibits: Exhibit A— Definitions and Acronyms Exhibit B — Final Statement of Work, including: Exhibit 1 to Exhibit B — Final Service Level Agreements; Exhibit C — Contractor's Pricing, including: Exhibit 1 to Exhibit C — Vendor's Services and Discounts Pricing Exhibit 2 to Exhibit C — Vendor's Device List Exhibit 3 to Exhibit C — Vendor's Services and Discounts Pricing, Public Safety <if applicable> Exhibit D — Instructional Document for Request for Best and Final Offer to ITN DMS -19/20-006 Exhibit E — Relevant Portions of the Contractor's Best and Final Offer to ITN DMS -19/20-006 Exhibit F — ITN DMS -19/20-006 ITN No.: DMS -19/20-006 Page 2 of 25 Attachment B: Draft Contract Mobile Communications Services 538 CONTRACT This Contract is between the STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES (Department), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and <INSERTVENDOR NAME> (Contractor) with offices at <insert address>, each a "Party" and collectively referred to herein as the "Parties." The Parties enter into this Contract (Contract) in accordance with Chapters 282 and 287, Florida Statutes (F.S.), and with the negotiated terms and conditions of Invitation to Negotiate, DMS - 19/20 -006, Mobile Communication Services. SECTION 1. CONTRACT TERM AND TERMINATION 1.1 Initial Term The initial term of the Contract will be five (5) years and will begin on the date the Contract is signed by all Parties. 1.2 Renewal Upon written agreement, the Department and the Contractor may renew the Contract, in whole or in part, for up to five (5) renewal years in accordance with section 287.057(13), F.S., and Rule 60A-1.048, Florida Administrative Code (F.A.C.). 1.3 Suspension of Work and Termination 1.3.1 Suspension of Work The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Department may, at its sole discretion, suspend the Contract at any time, when in the best interest of the Departmentor Customerto do so. The Department or the Customer will provide the Contractor written notice outlining the particulars of suspension and the effective date of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the specified activities associated with the Contract. Within ninety (90) days, or any longer period agreed to by the Contractor, the Department will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract. Suspension of work will not entitle the Contractor to any additional compensation. 1.3.2 Termination for Convenience The Contract may be terminated by the Department in whole or in part at any time, when, at the sole discretion of the Department, it is deemed to be in the best interest of the State of Florida to do so. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed, prior to the termination, for which costs can be substantiated. Such payment, however, may not exceed an amount which is the csame percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 1.3.3 Termination for Cause ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 3 of 25 Mobile Communications Services 539 If the performance of the Contractor is not in compliance with the Contract requirements the Department may, at its sole discretion, (a) immediately terminate the Contract, (b) notify the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will terminate at the end of such time, or (c) take other action deemed appropriate by the Department. 1.3.4 Termination Assistance In case of termination, whether for cause or for convenience, the Contractor will provide prompt and thorough transition assistance and cooperation, including as specified in Subsection 3.24, Transition for Future Iterations of this Service, of the Statement of Work (SOW). SECTION 2. CONTRACT DOCUMENTS AND HIERACHY The Contract including any exhibits referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. The Contract consists of the documents listed below, and in the event any of these documents conflict, the conflict will be resolved in the following order of priority (highest to lowest): 1. This Final Contract document; 2. Attachment A — Definitions and Acronyms; 3. Attachment B — Final Statement of Work, including: a. Exhibit 1 — Final Service Level Agreements; 4. Attachment C — Contractor's Pricing, including: a. Exhibit 1 — Vendor's Services and Discounts Pricing b. Exhibit 2 — Vendor's Device List c. Exhibit 3 — Vendor's Services and Discounts Pricing, Public Safety <if applicable> 5. Attachment D — Instructional Document for Request for Best and Final Offer to ITN DMS - 19/20 -006; 6. Attachment E — Relevant Portions of the Contractor's Best and Final Offer to ITN DMS - 19/20 -006; and 7. Attachment F — ITN DMS -19/20-006. In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000, is included herein by reference but is superseded in its entirety by the Contract. SECTION 3. PAYMENT AND FEES 3.1 Price Adjustments Pricing may be updated in accordance with SOW Section 1.5, Update Process to End User Price Lists and Vendor's Equipment List. 3.2 Price Decreases During the term of the Contract (including renewal years), the Department encourages the Contractor to offer price decreases that are in line with increased efficiencies and added infrastructure enhancements. The Department reserves the right to further negotiate reduction in pricing for the renewal years. The following additional price decrease terms apply: ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 4 of 25 Mobile Communications Services 540 3.2.1 Volume Discounts Contractor may offer additional discounts for one-time delivery of large single orders. 3.2.2 Preferred Pricing The pricing included in the Contract is guaranteed, by the Contractor, to be a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor must submit documentation identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then -authorized prices. 3.3 Purchase Orders and Communication Service Authorizations A Customer may use Purchase Orders (POs) issued through MyFloridaMarketPlace (M FM P) or Purchase Orders issued through the Communications Services Authorization and Billing (CSAB) system (known as Communication Service Authorizations (CSAs) to buy commodities or services. The Department may also issue POs or CSAs on behalf of Customers. The Contractor must provide commodities or services pursuant to POs or CSAs. The PO or CSA period of performance survives the expiration of the Contract. All terms and conditions of the Contract will be incorporated into the PO or CSA and will survive the termination of the Contract. The duration of POs or CSAs must not exceed the expiration of the Contract by morethan twelve (12) months, unless they have been entered into pursuant to an Extended Pricing Plan, in which case they may not exceed the expiration of the Contract by more than thirty-six (36) months. Extended Pricing Plans are discounted prices offered in exchange fora Customer's commitmentto lease commodities or purchase contractual services for an extended time. 3.4 Payment Invoicing Payment will be made in accordance with section 215.422, F.S. The Contractor will be paid upon submittal of an invoice to the Department, or Customer if direct billed, after delivery and acceptance of commodities or contractual services is confirmed and the invoice is accepted by the Customer. The Contractor shall submit invoices for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post - audit, and invoices must include the Contract number and the Contractor's Federal Employer Identification Number. The Department reserves the right to request additional documentation as needed, and Contractorwill follow all invoice directives in the SOW and this Contract document. The Contractor shall have a "No Shut Off' policy for all State agency Customer accounts. Contractor shall identify/flag all State agency Customer accounts as "Government Accounts" forwhich service will not be interrupted due to an outstanding balance, disputed amount owed, or late payments due. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 5 of 25 Mobile Communications Services 541 3.5 Travel Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and, if authorized, may be reimbursed only in accordance with section 112.061, F.S. 3.6 Annual Appropriation Pursuant to section 287.0582, F.S., the Department's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 MyFloridaMarketPlace Transaction Fee The State of Florida, through the Department, has instituted MFMP, a statewide eProcurement system. Pursuant to section 287.057(22), F.S., all payments issued by Customers to the Contractor for purchases of commodities or contractual services will be assessed a Transaction Fee as prescribed by Rule 60A-1.031, F.A.C., or as may otherwise be established by law, which the Contractor shall pay to the State. For payments within the State of Florida accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractorshall pay the Transaction Fee pursuant to subsection (2) of Rule 60A-1.031, F.A.C. By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State of Florida or its designee. The Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in breach. VENDORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 3.8 Taxes Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer unless authorized by Florida law. 3.9 Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor by the Department or Customer. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT ADMINISTRATION 4.1 Department's Contract Administrator The Department's Contract Administrator, whose primary responsibility will be to maintain the Contract file, is as follows: ITN No.: DMS -19/20-006 Page 6 of 25 Attachment B: Draft Contract Mobile Communications Services 542 Jane Doe <Insert division> <Insert agency> <Insert physical address> Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxx.com In the event that the Department changes the Department's Contract Administrator, the Department will notify the Contractor's Contract Manager in writing via email and document such in the Contract file. Such changes do not require a formal written amendment to the Contract. 4.2 Department's Contract Manager The Department's Contract Manager, performance of the Contract terms and Contractor, will be as follows: Jane Doe <Insert division> <Insert agency> <Insert physical address> Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxx.com who is primarily responsible for enforcing the conditions and will serve as a liaison with the In the event that the Department changes the Department's Contract Manager, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract. 4.3 Department's Product Manager The Department's Product Manager, who is primarily responsible for monitoring the performance of the Contract terms and conditions and will serve as a liaison with the Contractor, will be as follows: Jane Doe <Insert division> <Insert agency> <Insert physical address> Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxx.com In the event that the Department changes the Department's Product Manager, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract. 4.4 Contractor's Contract Manager The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be as follows: Jane Doe <Insert Contractor name> <Insert Contractor's physical address> ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 7 of 25 Mobile Communications Services 543 Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxx.com In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department's Contract Manager in writing via email. Such a change does not require a formal written amendment to the Contract. 4.5 Contractor's Account Manager The Contractor's Account Manager, who will serve as a liaison with the Department's Contract Administrator, will be as follows: Jane Doe <Insert Contractor name> <Insert Contractor physical address> Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxxx.com In the event that the Contractor changes its Account Manager, the Contractor will notify the Department's Contract Manager in writing via email. Such changes do not require a formal written amendment to the Contract. SECTION 5. CONTRACT MANAGEMENT 5.1 Notices All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested, reputable air courier service, email, or personal delivery, or as otherwise identified herein or by the Department. 5.2 Change Request The Department's Contract Manager may authorize operational changes to services and infrastructure that do not have a pricing impact (non -billable changes) via a change request. Such authorized operational changes do not require a Contract amendment but will be memorialized in writing and placed in the Contract Mangers' files. The Department reserves the right to make the final determination if a change request or Contract amendment is required. Any change that would allow the Contractor to offer less of any deliverable, including commodities, services, technology, or software, requires a Contract amendment. Vendor's Equipment List and End User Price List updates must be made in accordance with SOW Section 1.5, End User Price Lists (EUPLs) and Vendor's Device List, and may not require an amendment or change request. 5.3 Diversity Reporting The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo(�_)dms.myflorida.com. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 8 of 25 Mobile Communications Services 544 name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract. 5.4 Designated Centralized Nonprofit Agency Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFITAGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OFTHIS CONTRACTSHALLBE DEEMEDTO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about the designated centralized nonprofit agency and the commodities or contractual services it offers is available at hftps://www'dms.mvflorida.com/business operations/state purchasing/state contracts and agreements/(contractType)/4577. 5.5 PRIDE Subject to the agency determination provided for in sections 946.515 and 287.042(1), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OFTHIS CONTRACTTHE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at http://www.pride-enterprises.org. SECTION 6. COMPLIANCEWITH LAWS 6.1 Conduct of Business The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. These may include, but are not limited to, Chapters 282 and 287, F.S., Subtitle 60FF, F.A.C., the Communications Assistance for Law Enforcement Act, the Payment Card Industry DSS, IRS Publication ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 9 of 25 Mobile Communications Services 545 1045, Section 274A of the Immigration and Nationality Act, the Americanswith Disabilities Act, Health Insurance Portability and Accountability Act (HIPAA) (including executing any Business Associate Agreements as requested by Customers), and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The Contractor must comply with and must assist the Department and Customers with compliance with Subtitle 60FF, F.A.C., (and Subtitle 60GG, F.A.C., if applicable). 6.2 Dispute Resolution, Governing Law, and Venue Any dispute concerning performance of the Contract shall be decided by the Department's Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Department's Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 6.3 Department of State, Registration Consistent with Chapters 605 through 623, F.S., the Contractor must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 6.4 Suspended, Convicted, and Discriminatory Vendor Lists In accordancewith sections 287.042, 287.133, and 287.134, F.S., an entity or affiliatewho is on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List during the term of the Contract. 6.5 Scrutinized Companies—Termination by the Department The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Notwithstanding the foregoing, the Parties are aware of the Eleventh Circuit Court's decision in Odbrecht Constr. v. Secy, Fla. DOT, 715 F.3d 1268 (11th Cir. Fla. 2013), and agree that the provisions of sections 287.135(1)-(5), F.S., pertaining to a company engaged in business operations in Cuba or Syria shall not apply to this Contract unless and until the Eleventh Circuit Court's decision in Odebrecht Constr. v. Secy, Fla.DOT, 715 F.3d 1268 (11th Cir. Fla. 2013) is overturned. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 10 of 25 Mobile Communications Services 6.6 Cooperation with Inspector General Pursuant to section 20.055(5), F.S., Contractor, and its subcontractors, if any, understand and will complywith their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 6.7 E -Verify The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E -Verify system forall newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E -Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub -paragraph (2)(c)1, and the Department's obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one (1) year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION 7.1 Workers' Compensation Insurance The Contractor shall maintain Workers' Compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction, where applicable. The Contractor must require all subcontractors to similarly provide Workers' Compensation Insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Worker's Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance, satisfactory to the Department, for the protection of employees not otherwise protected. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 11 of 25 Mobile Communications Services 547 7.2 General Liability Insurance The Contractor shall maintain insurance sufficient to adequately protect the Department and Customers from all claims or liability for personal injury or property damage arising out of, resulting from the performance of, or in connection with the operation of, the Contract. All insurance shall be with insurers authorized to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide the Department with Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured within thirty (30) days after Contract execution and on the Contract anniversary date each year of the Contract. The Contractor must submit via email, to the Department's Contract Manager, notice of any cancellation or nonrenewal at least ten (10) calendar days prior to cancellation or nonrenewal. In the event of cancellation or nonrenewal, the Contractor will be responsible for securing a replacement insurance policy in accordance with this section within thirty (30) Business Days after the final date of the cancelled or nonrenewed policy. 7.3 Indemnification The Contractor agrees to indemnify, defend, and hold the Department, Customers, and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right or out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Department. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Department or Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY 8.1 Public Records Solely forthe purpose of this section, the Department's Contract Manager is the agency custodian of public records. If, under this Contract, the Contractor is providing services and is acting on behalf of the Department, as provided in section 119.0701, F.S., the Contractor shall: 1. Keep and maintain public records required by the Department to perform the service. 2. Upon request from the Department's custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 12 of 25 Mobile Communications Services 548 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the Department. 4. Upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED FOR THE 8.2 Protection of Trade Secrets or Confidential Information If the Contractor considers any portion of materials made or received in the course of performing the Contract ("contract -related materials") to be trade secret under section 688.002 or 812.081, F.S., or any other applicable law, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to contract -related materials it has designated trade secret or otherwise confidential. If the Department is served with a request for discovery of contract -related materials designated by the Contractor as trade secret or otherwise confidential, the Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated trade secret or otherwise confidential if the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of contract -related materials as trade secret or otherwise confidential. 8.3 Document Management and Record Retention The Contractor must retain sufficient documentation to substantiate claims for payment under the Contractand all other records, electronic files, papers, and documents that were ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 13 of 25 Mobile Communications Services 549 made in relation to the Contract, including those required by Section 6.6, Cooperation with Inspector General. Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at: http://dos. myf lorida. com/library-archives/records-m anaaem ent/general-records- schedules/. 8.4 Intellectual Property Unless specifically addressed in the Contract, intellectual property rights to all property created or otherwise developed by the Contractor for the Department or the Customer will be owned by the State of Florida at the completion of the Contract. Any inventions or discoveries developed in the course of or as a result of services performed under the Contract which are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made in connection with the Contract and will be referred to the Florida Department of State for a determination on whether patent protection will be sought for the invention or discovery. The State of Florida will be the sole owner of any and all patents resulting from any invention or discovery made in connection with the Contract. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed in connection with the Contract are the sole property of the State of Florida. SECTION 9. DATA SECURITY REQUIREMENTS 9.1 Duty to Secure State Data The Contractor will maintain the security of State Data, including, but not limited to, keeping a secure area around any displayed or otherwise visible State Data and ensuring such data is stored and secured when not in use. The Contractor will be responsible for ensuring that all Persons it contracts with to maintain, store, or process State Data on its behalf will comply with all data security requirements of this section. The Contractor will also comply with any other State or federal rules and regulations regarding security of information. The State will remain the owner of all State Data and any other data made available by the State to the Contractor pursuant to this Contract. Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services under this Contract from outside of the United States. The Contractor will not allow, through its action or inaction, any State Data to be sent by any medium, transmitted, or to be Accessed outside of the United States. The Contractor shall comply with section 501.171, F.S. Additionally, the Contractor shall reimburse the Department for any costs incurred providing the notifications required by subsections 501.171(3) and (4), F.S., if the Contractor is responsible for a breach. For purposes of this paragraph, "breach," is as defined in section 501.171(1)(a), F.S. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 14 of 25 Mobile Communications Services 550 9.2 State Data Access The Contractor shall retain a list of all Persons, as defined in Attachment E — Definitions and Acronyms, with Access to State Data, including a statement confirming that each Person has passed the background screening required herein. This statement shall not include the substance of the screening results, only that the Person has passed the screening. The Contractor shall create a written policy for the protection of State Data, including a policy and procedure for Access to State Data. The Contractor shall retain the policy and information required in this subsection in accordance with Section 8.3, Document Management and Record Retention. The documents are subject to disclosure within thirty-six hours upon written or oral demand by the Department or its designated agents or auditors and are subject to audit and screening. The Contractor shall document and record, with respect to each instance of Access to State Data: 1. The identity of all individual(s) who Accessed State Data in any way, whether those individuals are authorized Persons or not; 2. The duration of the individual(s)' Access, including the time and date at which the Access began and ended; 3. The identity, form, and extent of State Data Accessed, including, but not limited to, whether the individual Accessed partial or redacted versions of State Data, read-only versions of State Data, or editable versions of State Data; and 4. The nature of the Access, including whether the State Data was edited or shared with any other individual or entity during the duration of the Access, and, if so, the identity of the individual or entity. The damages that would result from the Contractor's failure to compile, retain, and disclose the written policy and information required in this subsection are by their nature impossible to ascertain presently and will be difficult to ascertain in the future. The issues involved in determining such damages will be numerous, complex, and unreasonably burdensome to prove. The Contractor therefore agrees to credit the Department the sum of $10,000 for each breach of this subsection. The parties acknowledge that these credits are liquidated damages, exclusive of any other right to damages, not intended to be a penalty, and solely intended to compensate for unknown and unascertainable damages. 9.3 Violations of Data Security Requirements A "Security Breach" in this Section 9 means an unauthorized Access of State Data. Good faith Access of State Data by a Person, as defined in Attachment E — Definitions and Acronyms, does not constitute a security breach, provided that the information is not used for a purpose unrelated to the furtherance of the Contract or subject to further unauthorized Access. However, unauthorized Access includes incidents where Persons with authorized Access for certain purposes otherwise gain Access for unauthorized purposes. The Contractor agrees that a Security Breach, including any violations of Section 9.1, Duty to Secure State Data, will entitle the State to a credit commensurate with the Department and Customer's internal staffing and administrative costs associated with managing the Security Breach or violation of Section 9. 1, Duty to Secure State Data, as determined by the Department. Such credits will not preclude the State from recovering other damages ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 15 of 25 Mobile Communications Services 551 it may suffer as a result of the Security Breach or violation of Section 9. 1, Duty to Secure State Data. 9.4 Notification Requirements In the event of a Security Breach, including any violations of Section 9. 1, Duty to Secure State Data, or a credible allegation or suspicion of a Security Breach or violation of Section 9. 1, Duty to Secure State Data (as determined by the Contractor or the Department), the Contractor must notify the Department's Contract Manager and the affected Customer as expeditiously as practicable, but in all instances no later than one (1) calendar day of knowledge of the Security Breach or credible allegation or suspicion of such. Notification is required regardless of the number of persons or type of State Data affected or potentially affected. The notification must be clear and conspicuous and include a description of the following: 1. The incident in general terms; 2. The type of information that was subject to the violations of Section 9.1, Duty to Secure State Data, or credible allegation or suspicion of Security Breach; 3. The type and number of entities and individuals who were, or potentially have been, affected by the incident; and 4. The actions taken by the Contractor to protect the State Data from further unauthorized Access. However, the description of those actions in the notice may be general so as not to further increase the risk or severity of the Security Breach. The Contractor must also as expeditiously as practicable, but no later than thirty-six hours from the time of discovery, set up a conference call with the Department's Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30) minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call will be scheduled. All available information about the Security Breach or suspected Security Breach must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all remedial actions of the Contractor. 9.5 Other Indemnifications and Credit Monitoring The Contractor shall be fully liable for the actions of all Persons, as defined in Attachment E — Definitions and Acronyms, and shall fully defend, indemnify, and hold harmless the Department, Customers, the State of Florida, its officers, directors and employees from any claims, suits, actions, damages, proceedings, and costs of every name and description, including attorney's fees, to the extent arising or resulting from a violation by the Contractor or a Person, as defined in Attachment E — Definitions and Acronyms, of Section 9, Data Security, and Section 13, Background Screening and Security, resulting in the Security Breach of State Data. The Contractor shall provide credit monitoring services at its own cost for those individuals affected or potentially affected by a Security Breach of these sections by the Contractor or a Person, as defined in Attachment E — Definitions and Acronyms, fora twelve-month period of time following the Security Breach. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 16 of 25 Mobile Communications Services 552 SECTION 10. GRATUITIES AND LOBBYING 10.1 Gratuities The Contractor will not, in connection with the Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying Funds provided under this Contract shall not be used to violate the provisions of sections 11.062 and 216.347, F.S. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after Contract execution and during the Contract's term. SECTION 11. CONTRACT MONITORING 11.1 Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customerwill be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. Coordination must be maintained by the Contractorwith representatives of the Customer, the Department, or of other agencies involved in the Contract on behalf of the Department. 11.2 Performance Deficiencies and Service Level Agreements Service Level Agreements (SLAs) dictate the levels of service delivery for individual services. The parties acknowledge that these SLAs contain financial consequences, as required by section 287.058, F.S., are exclusive of any other right to damages, and are not intended to be a penalty. The Contractor therefore agrees to credit the Department consistently with the Contract, including as set forth in Attachment C - Service Level Agreements. Financial consequences that are due to a Customer after the completion of service, or exceed any payment due to the Contractor, shall be submitted by check rather than as a credit. One, multiple, or recurring violations of a SLA may be considered a breach of the Contract and may result in a suspension or cancellation of PO(s) or CSA(s). The Department reserves the right to determine when violation(s) of SLAs constitute a breach of the Contract or will result in a suspension or cancellation of PO(s) or CSA(s). The Department's determination of a breach of the Contract or suspension or cancellation of PO(s) or CSA(s) will depend on the number and severity of the SLA violation(s), disruption to service, Contractor's response, and other factors. In addition to the processes set forth in the Contract (e.g., SLAs), if the Department determines that there is a performance deficiency that requires correction by the Contractor, then the Department will notify the Contractor. The correction must be made within a timeframe specified by the Department. The Contractor must provide the Department with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 17 of 25 Mobile Communications Services 553 If the corrective action plan is unacceptable to the Department, or implementation of the plan fails to remedy the performance deficiencies, the Department will retain ten percent (10%) of the total invoice amount and may suspend or cancel PO(s) or CSA(s) or may suspend work or terminate the Contract as set forth in Section 1.3, Suspension of Work and Termination. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited in order to compensate the Department forthe performance deficiencies and the Department may suspend or cancel PO(s) or CSA(s) or may terminate the Contract as set forth in Section 1.3, Suspension of Work and Termination. 11.3 Timely Performance The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or Customer of the steps the Contractor is taking or will take to do so and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department or Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department or Customer's delay. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customerfor direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractorwill perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 18 of 25 Mobile Communications Services 554 commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACTAUDITS 12.1 Performance or Compliance Audits The Department may conduct, or cause to have conducted, either or both performance and compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractor's data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to the Contract. The State of Florida's Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit Records of costs incurred under terms of the Contract will be maintained in accordance with Subsection 8.3, Document Management and Record Retention. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, State of Florida's Chief Financial Officer, orthe Officeof the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY All Contractor employees, subcontractors and agents performing work under the Contract must comply with all security and other requirements of the Department or the Customer. 13.1 Background Screening In addition to any background screening required by the Contractor as a condition of employment, the Contractor warrants that it will conduct a criminal background screening of, or ensure that such a screening is conducted for, each of its employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other person, hereinafter referred to as "Person" or "Persons," operating under its direction with Access to State Data or who enter either the premises or facilities where State Data is stored or accessible. Contractor is not required to conductthe aforementioned background screening of a Person if that Person does not have Access to State Data and if that Person, whenever on Customer premises or facilities, is escorted by Customer authorized personnel. The Contractor warrants that all Persons will have passed the background screening described herein before they have Access to State Data or begin performing services ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 19 of 25 Mobile Communications Services 555 under the Contract. The look -back period for such background screenings shall be for a minimum of six (6) years where six (6) years of historical information is available. The minimum background check process will include a check of the following databases through a law enforcement agency or a Professional Background Screener accredited by the National Association of Professional Background Screeners or a comparable standard: 1. Social Security Number Trace; and 2. Criminal Records (Federal, State, and County criminal felony and misdemeanor, national criminal database for all states which make such information available). The Contractor agrees that each Person will be screened as a condition prior to performing services or having Access to State Data. The Contractor is responsible for any and all costs and expenses in obtaining and maintaining the criminal background screening information foreach Person described above. The Contractorwill maintain documentation of the screening in the Person's employment file. The Contractor will abide by all applicable laws, rules, and regulations including, but not limited to, the Fair Credit Reporting Act and/ any equal opportunity laws, rules, regulations, or ordinances. 13.2 Disqualifying Offenses If at any time it is determined that a Person has a criminal misdemeanor or felony record, regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict), within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with Access to State Data or directly performing services under the Contract. The disqualifying offenses are as follows: 1. Computer related crimes 2. Information technology crimes; 3. Fraudulent practices; 4. False pretenses; 5. Fraud; 6. Credit card crimes; 7. Forgery; 8. Counterfeiting; 9. Violations involving checks or drafts; 10. Misuse of medical or personnel records; and 11. Felony theft. If the Contractor finds a Disqualifying Offense for a Person within the last six (6) years from the date of the court's disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have Access to State Data. The Contractor will consider the following factors only in making the determination: i) nature and gravity of the offense, ii) the amount of time that lapsed since the offense, iii) the rehabilitation efforts of the Person, and iv) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed Access to State Data, then Contractor shall maintain all criminal background screening information and the rationale for such Access in the Person's employmentfile. The Contractorwill promptly notify the Department of any determinations ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 20 of 25 Mobile Communications Services 556 made pursuant to this subsection. The Department reserves the right to require removal of any Persons from performing work on the Contract for any reason. 13.2.1 Refresh Screening The Contractor will ensure that all background screening will be refreshed every five (5) years from the time initially performed for each Person during the term of the Contract. 13.2.2 Self -Disclosure The Contractor shall ensure that all Persons have a responsibility to self-report within three (3) calendar days to the Contractor any updated court disposition regarding any disqualifying offense, regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict). The Contractor shall immediately reassess whether to disallow that Person Access to any State of Florida premises or from directly performing services under the Contract. Additionally, the Contractor shall require that the Person completean annual certification thatthey have not received any additional criminal misdemeanor or felony record regardless of adjudication (adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) for the Disqualifying Offenses and shall maintain that certification in the employmentfile. In addition, the Contractor shall ensure that all Persons have a responsibility to self-report to the Contractor within three (3) calendar days, any arrest for any Disqualifying Offense. The Contractor shall notify the Department's Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. 13.3 Department's Ability to Audit Screening Compliance and Inspect Locations The Department reserves the right to audit the Contractor's background screening process upon two (2) days prior written notice to the Contractor during the term of the Contract. The Department will have the right to inspect the Contractor's working area, computer systems, and/or location upon two (2) Business Days prior written notice to the Contractor to ensure that Access to State Data is secure and in compliance with the Contract and all applicable state and federal rules and regulations. SECTION 14. COMMUNICATIONS AND CONFIDENTIALITY 14.1 Public Statements The Contractor shall not, without first notifying the Department's Contract Manager and securing the Department's prior written consent, make public statements or publicly disseminate any information which concern the Contract or its subject matter, including, but not limited to: 1. disclose or permit disclosure of any data or information obtained or furnished in accordance with the Contract, 2. use any statement attributable to the Department or its employees, 3. mentioning the Contract in a press release or other promotional material, or 4. otherwise linking Contractor's name and either a description of the Contract or the name of the State, the Department or any Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 21 of 25 Mobile Communications Services 557 Public statements include press releases, publicity releases, promotions, marketing materials, corporate communications, or other similar communications. If provided, the Department's written consent shall not be construed to supersede or waive the Contract requirements imposed on the Contractor to maintain confidential information. The Contractor will not use the State of Florida seal, name, or logo of the Department or State of Florida, or Contractor's relationship to the Department for any purpose without the prior written consent of the Department. The Contractor may refer to the Contract as an experience citation with other customers without prior approval. The Contractor shall have the following obligations with respect to the marketing of this Contract to any Customers: 1. To use its commercially reasonable best efforts to furtherthe promotion, advertising, and marketing of services available under this Contract; and 2. To promote the utilization of this Contract to Other Eligible Users in favorof any other cooperative purchasing contract for similar services. 14.2 Confidential Information The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to Chapter 119, F.S., and sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 15. LICENSING All services shall include all required licenses forCustomers to utilize the services at no additional cost to the Customer. All third -party license costs for Contractor -provided hardware and software shall be the responsibility of the Contractor. The Contract will take precedence over any and all End User License Agreement conflicting terms. Any provisions in an End User License Agreement that require the Department to indemnify the Contractor are inapplicable. Additional terms affixed to products or services prior to delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, serviceagreements, end user agreements, 11clickwrap" agreements, "shrink wrap", "browserwrap",or terms accompanying or affixed to a product or service, whether written or electronic) incorporated onto the Contractor's or subcontractor's order or fiscal forms or other documents forwarded by the Contractor for payment will not be binding on the Department or Customer unless negotiated and agreed to in writing as specified in this section. A Customer may agree to additional terms and conditions specific to the Customer's order that are jointly negotiated and explicitly agreed upon by the Customer. A Customer's acceptance of a product or service or processing of documentation on formsfurnished by the Contractor for approval or payment shall not constitute an acceptance of the Contractor's or subcontractor's proposed modification to terms and conditions or an agreement to modify or ITN No.: DMS -19/20-006 Page 22 of 25 Attachment B: Draft Contract Mobile Communications Services 558 add additional terms to this Contract. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. SECTION 16. PERFORMANCE BOND Within thirty (30) days of Contract execution, Contractor will deliver to the Department's Contract Manager a performance bond in the amount of $500,000 (five hundred thousand). This shall also apply to any renewal years. The bond shall name the Department as the beneficiary and will be used to guarantee satisfactory performance by the Contractor throughout the term of the Contract. 1. The performance bond shall be maintained throughout the term of the Contract. The performance bond must be issued by an acceptable surety company, as determined by the Department, and which surety must be licensed to do business in the State of Florida. The insurer or bonding company shall pay losses suffered by the State of Florida directly to the Department. 2. The Contractor and insurer or bonding company shall provide the Department prior written notice or immediate notice upon knowledge of any attempt to cancel or to make any other material change in the status, coverage, or scope of the performance bond, or of the Contractor's failure to pay bond premiums. 3. The Department shall not be responsible for any premiums or assessments on or in relation to the performance bond. 4. The performance bond is to protect the Department and the State against any loss sustained through failure of the Contractor's performance in accordance with the Contract No payments shall be made to the Contractor until the performance bond is in place and approved by the Department in writing. 5. Within thirty (30) days of Contract execution, and by Contract execution anniversary each year following, the Contractor shall provide the Department with a surety bond continuation certificate or other acceptable verification that the performance bond is valid and has been renewed for an additional year. 6. The performance bond provided under this section shall be used solely to the extent necessary to satisfy the damage claims made by the State of Florida pursuant to the terms of the Contract. In no event shall the performance bond be construed as a penalty bond. 7. No sooner than two (2) years after Contract execution, if it is in the best interest of the State of Florida, as determined by the Department, the Contractor's performance bond may be reduced for the remainder of the term. This reduction shall require an amendment to the Contract with the agreement of both parties. SECTION 17. CUSTOMER OF RECORD The Department is considered the Customer of Record for all services for the purposes of the Federal Communications Commission and Customer Proprietary Network Information. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 23 of 25 Mobile Communications Services 559 SECTION 18. SPECIFIC APPROPRIATION The following is the specific State fund from which the State will make payment under the first year of the Contract: General Appropriations Act (Florida Law) 2909 SPECIAL CATEGORIES CENTREXAND SUNCOM PAYMENTS FROM COMMUNICATIONS WORKING CAPITAL TRUST FUND SECTION 19. MISCELLANEOUS 19.1 Warranty of Contractor's Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall notify the Department of any regulatory or legal actions filed by any federal, state, or local government entity and any other litigation that could impact the Contractor's ability to perform under this Contract within thirty (30) days of the action being filed. The Contractor must notify the Department of any legal actions filed against it fora breach of a contract of similar size and scope to this Contract within thirty (30) days of the action being filed. Failure to notify the Department of a legal action within thirty (30) days of the action will be grounds for termination for cause of the Contract. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. 19.2 Subcontractors, Affiliates, Partners, Teammates, Third -Party Vendors The Contractor is fully responsible for satisfactory completion of all subcontracted work, including work by affiliates, partners, teammates, and all other third -party vendors, in accordance with the terms and conditions of the Contract. 19.3 Assignment The Contractor will not sell, assign, or transfer any of its rights, duties or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign the same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 19.4 Independent Contractor The Contractor is an independent contractor. The Contractor and its employees, agents, representatives, and subcontractors, affiliates, partners, teammates, and all other third - party vendors are not employees or agents of the Department and are not entitled to the benefits of State of Florida employees. The Department will not be bound by any acts or ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 24 of 25 Mobile Communications Services 560 conduct of the Contractor or its employees, agents, representatives, or subcontractors, affiliates, partners, teammates, and all other third -party vendors. 19.5 Risk of Loss Matters of inspection and approval are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer or the Department rejects a commodity, Contractor will remove the commodity from the premises within ten (10) days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) days will be deemed abandoned by the Contractor and the Customer or the Department will have the right to dispose of it as its own property. Contractor will reimburse the Customer or the Department for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 19.6 Safety Standards Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 19.7 Ombudsman A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 19.8 Time is of the Essence Time is of the essence regarding each and every obligation of the Contractor. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 19.9 Waiver The delay or failure by the Department or Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 19.10 Modification and Severability With the exception of the process described in Section 5.2, Change Requests, this Contract may only be modified by a written agreement signed by the Department and the Contractor. 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Q U a U N y Y �O Q Q Q c3 za N 5-a p O 4y U / C13 s cN N O 'd OU v y OU 73 CE. p Un q) Uct U cn u u cz O , n cn U U 7:1 Q �Q O O O O N 2 0 El 0 ti LO t 1 ii l i n of State Techriology Mobile Communications Services Business Case 571 ralble of Contents 1 Executive Summary ..............................................................................................................................5 1.1 Purpose...........................................................................................................................................5 1.2 Detailed Description of Services........................................................................................................5 1.3 Current Service Performance............................................................................................................6 1.4 Goals for Proposed Outsourcing.......................................................................................................6 1.5 Outsourcing Authority......................................................................................................................6 1.6 Descriptions of Available Options......................................................................................................7 1.7 Recommendation Methodology.......................................................................................................7 2 Background...........................................................................................................................................8 3 Revenue, Technology, and Business Model Analysis & Recommendation........................................9 3.1 Description of Current Contract Revenue..........................................................................................9 3.2 Mobile Communications Service Technology- Networks..................................................................13 3.3 Mobile Communications Service Technology- Equipment................................................................14 3.4 Mobile Network Operator versus Mobile Virtual Network Operator.................................................14 3.5 Leverage Existing State Infrastructure.............................................................................................15 3.6 Interoperability..............................................................................................................................15 3.7 Security.........................................................................................................................................15 3.8 Operational Support......................................................................................................................16 3.9 Public Safety..................................................................................................................................17 3.10 Compliance...................................................................................................................................17 3.11 Recommended Communication Services Technology.......................................................................17 4 Market Conditions and Trends...........................................................................................................18 4.1 1 ntrod uction..................................................................................................................................18 4.2 Market Conditions and Trends- Networks.......................................................................................18 4.3 Market Conditions and Trends- Equipment.....................................................................................19 4.4 Market Conditions Recommendations............................................................................................19 5 Options & Cost Benefit Analysis.........................................................................................................19 5.1 Business Models for Mobile Communication Services......................................................................20 5.1.1 Insourcing Mobile Network Operator.......................................................................................20 SUNCOM Mobile Communication Services Business Case Page 12 572 5.1.2 Insourcing Mobile Network Operator as MVNO........................................................................21 5.1.3 Combination Insourcing/Outsourcing......................................................................................22 5.2 Evaluation of the Options for Mobile Telecommunication Services...................................................22 5.2.1 Descriptions of Available Options for Insource and Outsource...................................................22 5.2.2 Description of Options for a Mobile Network Operator.............................................................23 5.2.3 Description of Options for Forms of Procurement.....................................................................23 5.2.4 Assumptions for Options.........................................................................................................24 5.3 Analysis of Advantages and Disadvantages......................................................................................24 5.3.1 Option 1- Insourcing (MNO, MVNO)........................................................................................24 5.3.2 Option 2— Second Brand-MNVO (Air Card Services only) and Branded Reseller-MNVO...............24 5.3.3 Option 3— Branded Reseller-MVNO.........................................................................................25 5.4 Potential Performance Improvements/Service Features...................................................................25 5.5 Cost Benefit Analysis for Each Option..............................................................................................26 5.5.1 Financial Model Base Case......................................................................................................27 5.5.2 Option 1— Insource................................................................................................................27 5.5.3 Option 2— Insource/Outsource (Second Brand/Hybrid Light MVNO)..........................................27 5.5.4 Option 3— Insource/Outsource (Distribution Channel Only)......................................................31 5.5.5 Implementation Timeline for Option 2 & 3...............................................................................34 6 Recommended Option & Detailed Discussion...................................................................................35 6.1 Summary of the Three Options Considered in This Business Case.....................................................36 6.2 Option 1— Insource........................................................................................................................36 6.3 Option 2— Combination Insourcing and Outsourcing (Current MCS Model).......................................36 6.4 Option 3— Combination Insourcing and Outsourcing (Distribution Channel Only)...............................37 6.5 Recommendation..........................................................................................................................37 7 Business Case Recommendations Summary ....................................................................................37 8 State Business Process & Policies.....................................................................................................38 9 Performance Metrics Review.............................................................................................................38 10 Projected Timeframe..........................................................................................................................39 11 Public Records Compliance...............................................................................................................40 12 Contingency Plan................................................................................................................................40 13 Transition Plan....................................................................................................................................41 SUNCOM Mobile Communication Services Business Case Page 13 573 14 American With Disabilities Act Of 1990, As Amended.......................................................................41 15 Contract Provisions.............................................................................................................................42 SUNCOM Mobile Communication Services Business Case Page 14 574 1 Executive Summary 1.1 Purpose The Department of Management Services (Department) has gathered information needed for the Department and key stakeholders to make an informed decision related to the Department's options for the procurement of the next generation of mobile communication services (MCS). The goal of the information gathering was to develop a business case providing a recommendation for the best and most appropriate business model and procurement options that provide long-term value to the state. Inspired Technologies, Inc. was contracted to assist the Department's development of this business case in accordance with Section 287.0571, Florida Statutes (F.S.). The statute requires a business case to evaluate feasibility, cost-effectiveness, and efficiency before the state agency proceeds with any outsourcing of services. This business case focuses specifically on three key elements of MCS: (1) current technology options for mobile communication services in parallel with the State needs; (2) data analysis on industry business models which are optimal for next generation MCS; and (3) best practice recommendations for implementation of such technology and the appropriate business model. The current MCS contracts are with multiple service providers to provide wireless voice and data services and equipment, including data cards, tablets, telemetry devices, feature phones, smartphones, and Push to Talk (PTT) phones. In summary, this document provides substantive information that can be utilized to make informed decisions about the future business model and procurement options of MCS. 1.2 Detailed Description of Services Section 287.0571 (4)(a), F. S. - A detailed description of the service or activity for which the outsourcing is proposed. The objective of MCS is to provide SUNCOM customers the ability to purchase wireless voice and data services and equipment, including options for Public Safety Customers. SUNCOM customers are a combination of State of Florida agencies, and Other Eligible Users (OEUs), as defined in Chapter 282, F.S. SUNCOM customers are currently able to purchase from multiple service pricing plans which include voice per minute rates for in-state and out-of-state calls, fixed rate plans, unlimited call packages, data -only plans, voice -only plans, voice and data bundled plans, pooling and non -pooling plans, and group mobile -to -mobile rate plans. SUNCOM customers are able to purchase equipment which includes select free standard cell phones, data -cards, hotspot devices, and PTT phones with associated monthly service plans. Additionally, there are options for discounted phones, smartphones, and data -only devices when required. SUNCOM customers are able to purchase accessories including hands-free kits, belt clips and holsters, cases, face plates, batteries, chargers, vehicle power adapters, and car kits. SUNCOM Mobile Communication Services Business Case Page 15 575 1.3 Current Service Performance Section 287.0571 (4)(b), F. S. A description and analysis of the state agency's current performance, based on existing performance metrics if the state agency is currently performing the service or activity. In January 2012, the Department entered into contracts, through a competitive procurement, with AT&T Mobility, Sprint, and Verizon Wireless to establish MCS. The total spending under these contracts is approximately $82 million annually. Verizon Wireless accounts for $70 million, AT&T Mobility accounts for approximately $7 million, and Sprint accounts for approximately $5 million. Having contracts with three services providers enables a SUNCOM customer to choose the service provider which offers the customer the best options. Wireless service geographic coverage varies by service provider, for example, and letting the customer decide which coverage is most beneficial is a great advantage of the multi -contract procurement model. Also, the service providers are incentivized to continue improving their service offerings and adjust pricing to attract and keep customers. 1.4 Goals for Proposed Outsourcing Section 287.0571 (4)(c), F. S. The goals desired to be achieved through the proposed outsourcing and the rationale for such goals. The Department's goals to be achieved in future contracts are: • Determine the best long-term value to the State; • Maintain cost structures with improved service integration; • Ensure adaptability for future technology, customer needs, and evolving industry standards; and • Provide the highest levels of customer service. The current MCS portfolio is utilized throughout the state. As a result, agencies have built processes and dependencies that rely on the portfolio offering that is in service today. Agencies use of these services vary widely depending on the specific mobile communications needs of each specific agency. This requires the MCS vendors to offer broad array of products and services. 1.5 Outsourcing Authority Section 287.0571 (4)(d), F. S. - A citation to the existing or proposed legal authority for outsourcing the service or activity. Pursuant to Section 282.703, F.S., the Department is to design, engineer, implement, manage, and operate through state ownership, commercial leasing, contracted services, or some combination thereof, the facilities, equipment, and contracts providing SUNCOM Network services, and is to develop a system of equitable billings and charges for telecommunications services. The Department's Division of State Technology (DST) is tasked with this mission of providing superior telecommunications services more cost effectively to state and local governments, educational institutions, libraries, and non-profit organizations by achieving economies of scale with enterprise planning and procurement. SUNCOM Mobile Communication Services Business Case Page 16 576 1.6 Descriptions of Available Options Section 287.0571 (4)(e), F. S. - A description of available options for achieving the goals. If State employees are currently performing the service or activity, at least one option involving maintaining state provision of the service or activity shall be included. This business case examines options specifically for the scope of continued support, features, and offerings following the expiration of the current MCS contracts in January 2022. The options evaluated are insourcing, performing an outsourced competitive solicitation, and combinations of both outsource and insource. The options are: Insource- Is an organization's performing a service internally. Insourcing is a business decision that is often made to maintain control of critical functions or competencies that are essential to the organization's mission. Outsource - Is the contracting out of a service to a third party. Outsourcing can be a way to take advantage of third -party experience and efficiency. Combinations of Insource and Outsource - Services provided by a combination of existing state employee full-time equivalent (FTE) positions, with vendors providing elements of operations that fall outside of the administrative, physical, or technical capabilities of the Department. This business case examines a competitive procurement option, an Invitation to Negotiate. In Florida, competitive procurement is governed by Section 287.057, F.S., and Rule 60A-1, Florida Administrative Code. The three types of competitive procurement are: Invitation to Bid (ITB) — Used when a state agency provides all technical specifications and awards on lowest price. Request for Proposal (RFP)— Used when a state agency has determined it is not practicable to use an ITB. The state agency provides all technical specifications, and responses are evaluated on the vendor's proposed services and price. Invitation to Negotiate (ITN) — Used when a state agency determines that negotiations with one or more vendors may be necessary to enable the state agency to receive the best value. The best value is based on factors such as price, quality, design and workmanship. This option works best when highly technical or complex services are being acquired. The price structure for services is often negotiated. The current MCS contractswere solicited as an ITN. 1.7 Recommendation Methodology The Department has multiple contracts for MCS that are nearing expiration. This business case exam ines options and business models for the evolution of MCS, and the advantages and risks of each. The business case takes into consideration the statutory requirements and evaluates whether to insource these services, outsource these services, or to provide these services using a combination of existing Department resources and outsourcing. SUNCOM Mobile Communication Services Business Case Page 17 577 Throughout the document, there are numerous recommendations and discussion points for consideration. The business case recommendations can be found in Section 7 Business Case Recommendations Summary. 2 Background Mobile Communication Services Contracts and Portfolio of Products & Services (Prior to 2011): Multiple contracts were made available to SUNCOM customers, separately offering wireless data and voice services: 1. Department of Management Services, State Purchasing, State Term Contract o Wireless Voice Services Contract with Verizon Wireless for cell phones voice only services. 2. Western State Contracting Alliance, Alternate Source Contract o Wireless Voice Services—Contract with AT&T and Sprint/Nextel for cell phones voice only services. 3. Department of Management Services, Division of State Technology, Enterprise Contract o Wireless Data Services— Contracts with AT&T Mobility, Sprint and Verizon Wireless for wireless data services (air cards) Mobile Communication Services Contracts and Portfolio of Products & Services (2012 - Present): Multiple contracts are made available through the Department's SUNCOM offerings. The current MCS service providers are AT&T, Sprint, and Verizon. Each of these contracts provide for the purchase of wireless voice and data equipment, services, and accessories. Public safety options, discussed further in Section 3.9 below, are available to DMS Customers. MCS services are interoperable with other SUNCOM services, including network integration with MyFloridaNet. State agencies have the option to route MCS traffic through their security perimeter to perform additional screening and filtering. The contracts contain stringent Service Level Agreements (SLAs) to manage vendor's service performance and to perform Key Performance Indicators measurements. These contracts provide for the purchase of wireless voice and data equipment, services for data - cards, tablets, telemetry devices, feature phones, Smartphones, BlackBerrys, PTT phones and services, and accessories. Service pricing plans include voice per minute rates for in-state and out-of- state calls, as well as several fixed rate plans, unlimited call packages, data -only plans, voice -only plans, voice and data bundled plans, pooling and non -pooling plans, and group mobile to mobile rate plans. These contracts have been renewed to January 2022. 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C3 O= w oC E �_ = M W w p 111 = Q , W U p= N 2 oC O M m M Lu O Z LU Lu LUJ= D U N Q N a- �W WJu LU �g1Qz�mw C 3: Z N > m =)Z Fe. � a Z> O LL O Z cn z p I m O u Z m W W L.L. u O 0 Q Z0 Lu Lu O� � O O <= � Q O E= U Baa W J U) LU <J 1� Z U U 0 Q 0 0- U 2 OU � LU u N Oo LO 3.2 Mobile Communications Service Technology - Networks The wireless industry consistently experiences increasing demand for network functionality. With increasingly versatile internet-enabled equipment such as smart phones, televisions, personal computers, and tablets, consumers have a growing need and demand for immediate access to voice, video, and data services. This demand is driving the wireless industry to support new levels of enterprise productivity for enhanced mobile solutions. Platforms are increasingly open, supporting an explosion of new applications and services directly to the mobile user. Service provider options are multiplying each day as businesses find themselves in a race to capture market share and revenue from new services. Businesses are responding to demand by boosting capabilities and introducing new technology as quickly as possible. Capital investment in network development and infrastructure has risen to unprecedented levels. This includes upgrading core network transport capacity, growing high-capacity access in major metropolitan areas, extending fiber optic lines closer to consumers, adding high-speed residential broadband technology to legacy phone networks, and improving content serving and distribution technologies'. The wireless industry is currently using Fourth-generation, Long-Term Evolution (4G LTE), technology, as defined by the radio sector of the International Telecommunication Union (IUT- R). These standards were set in March 2008. For mobile use, including smartphones, and other internet-enabled equipment, connection speeds need to have a peak download speeds of at least 100 megabits per second, and for more stationary uses such as mobile hotspots, at least 1 gigabit per second. Global capital spending on fifth-generation (5G LTE) technology is increasing much like the marketplace experienced with the evolution of 4G LTE technology. Today, 4G LTE provides the framework for the fastest connection available for wireless networks, which varies based upon wireless carrier and service topology. As the next evolution comes to reality, increased connection speeds and capabilities will improve as well. 5G LTE technology will utilize unique radio frequencies not used currently in 4G. 4G networks use frequencies below 6 GHz, and 5G will likely use extremely high frequencies in the 30 GHz to 300 GHz range. These higher frequencies are less congested with existing cellular data and will support a larger capacity for data. At its peak, 5G can be up to 20 times faster than 4G. Limited 5G demonstrations have taken place, with carriers anticipating the 5G release in test markets in late 2018, increasing the release in 2019 through 2020. Some projections forecast that demand for additional network capacity will increase 25-fold over the next 3 years3. Each major improvement in network speed and capacity generates new services, devices, and applications that raise consumer expectations, using up the added capacity and creating the requirement to add even more capacity. For telecommunications, the standard will be continuous waves of increased demand and increased network capacity. Improved coverage throughout the state remains a high priority for customers. Customers expect coverage not only in metropolitan areas with multiple carrier options, but also in rural and coastline areas. Currently service is provided by multiple carriers utilizing 3G and 4G LTE technology. Where coverage challenges exist in rural areas, coverage may be reduced to a SUNCOM Mobile Communication Services Business Case Page 1 13 583 single carrier providing 3G technology, which does not provide the latest technical and is sometimes limited in data service capabilities, meaning data applications on smartphones do not work as expected. Coupled with the demand for improved rural coverage is the demand for improved coverage within buildings. A barrier to this is building penetration, which is continually hampered by thick concrete and steel structures. To address this issue, many buildings are being equipped at the time of new construction or retro fitted with Distributed Antenna Systems (DAS) to extend coverage inside a building. As the evolution from 4G to 5G takes place over the coming years, the state should see improvements in this particular area due to the increased density of towers and small cell deployments, which is a requirement forthe implementation of 5G technology. 3.3 Mobile Communications Service Technology - Equipment Equipment available under the current MCS contracts includes cellular phones, smartphones, data -cards, tablets, telemetry devices, feature phones, and push -to -talk phones. Associated accessories are also available, which includes hands-free kits, belt clips and holsters, cases, face plates, batteries, chargers, vehicle power adapters, and car kits. During the duration of new MCS contracts, equipment must be compatible with the latest generation of wireless communication. The Department will need to ensure access to future releases of cellular phones and other internet-enabled equipment are compatible with 5G networks and other future generations of wireless networks. This should include devices that are band 14 enabled or otherwise appropriate for Public Safety Customers. As the industry continues to see growth and development of new cellular phone features with other internet-enabled technology, emerging technologies may be incorporated into future cellular phone releases including facial recognition technology, augmented reality, improved durability, and longer battery life'. 3.4 Mobile Network Operator versus Mobile Virtual Network Operator A mobile network operator (MNO) is a wireless telecommunications provider that owns, manages, and controls all elements necessary to implement, sell, and deliver mobile services to the customer. These elements include radio spectrum allocation, network infrastructure, billing support resources, customer service resources, handset management, provisioning of software, and distribution channels for product and service delivery. In addition to obtaining market share by offering its own services an MNO may also allow or sell access to network services at wholesale rates to mobile virtual network operators (MVNO). MVNO platforms do not supply spectrum, network routing and interconnectivity, but they provide application services, customer care, billing, handset management, and distribution channels for products and services. Also, commonly handled within the MVNO framework are "second brands" of incumbent MNOsand "branded resellers" that resell an MNO's products and services 1 htt s:. mol illebu iinessin�ii.hts.c�im 2 1.$ G}�. f�utuire-technoll�a-a��-mabile- hoimes-�nrhat coin crag ex ect-to see ......../../................................................................................................................./......................../............./.....................................................................€�Y..................................................r........................................................................�f................................................................. .... at::.nmobile:...world,; c�rngress,,;��1��( SUNCOM Mobile Communication Services Business Case Page 1 14 584 under their own brand and are essentially a specialized marketing and sales distribution channel. The current DMS MCS model is essentially an MVNO hybrid of second brands and branded reseller. DMS acts as a branded reseller for all products in the MCS platform exceptfor air card services. For the air card services platform DMS provides customer support, billing, handset management, and distribution and sales. 3.5 Leverage Existing State Infrastructure Currently there is no state telecommunications infrastructure that is used for the mobile communication services platform. 3.6 Interoperability Network interoperability has become increasingly important in the telecommunications industry. The basic idea behind interoperability is the ability for two or more networks, systems, devices, applications or components to communicate. With respect to the telecommunications industry, interoperability refers to the interwork ing of telecom services over multi -vendor, multi -carrier inter -connections. As networks continue to grow and diversify with the 5G and IoT era on the horizon, it is important they can interoperate to enable end-to-end communication. Devices can interoperate with other devices either by adhering to a common protocol standard, abiding by a published interface standard or situating a gateway between them capable of translating each device's protocols. These common protocol standards serve as a platform for manufacturers, which note all the necessary components for interoperability into various systems and products.2 Although interoperability has improved in the telecommunications industry, service providers are continuing to work towards interconnection of 5G and IoT devices through network infrastructure enhancement and uniformity of standards. 3.7 Security Service Providers must provide device and network security, and responsiveness to ever changing security risk in today's telecommunication environment. Threats to the government's use of mobile devices are real and exist across all elements of provider networks and mobile devices. The stakes for government users are high. Government mobile devices — despite being a minor share of the overall market— present an avenue to attack back -end systems containing data on Floridians in addition to sensitive information relevant to government functions. Mobile devices hold significant amounts of sensitive information, whose compromise could adversely impact State and OEU operations. Additionally, databases controlled by the State and OEUs hold tremendous amounts of personally identifiable information that could be used to compromise financial wellbeing, privacy, or identity. Threats range from advanced attacks, to organized crime using advanced fraud technologies, to simple theft of mobile phones. The threats to government users of mobile devices include the 2 RCRWireless News (April 2018) The Role of Network Interoperability in Telecommunications. Retrieved on January 28, 2019 at .haps;././"` a„rc,r nr%relays„ a,m/?�1 $G1 1 ]; 2he,;;;role-of...:::lr l ra.r.lk...i.nte,rea,p lr b,%lity..:.%n..:, te,llecommu.n.%ations, 1ag27._tapQ .. SUNCOM Mobile Communication Services Business Case Page 1 15 585 same threats that target consumers, e.g., call interception and monitoring, user location tracking, attackers seeking financial gain through banking fraud, social engineering, ransomware, identity theft, or theft of the device, services, or any sensitive data. Government users may be subject to additional threats simply because they are government employees. Areas of security vulnerability include: • Mobile device technology stack, including mobile operating systems and lower level device components • Mobile applications • Networks (e.g., cellular, Wi-Fi, Bluetooth) and services provided by network operators • Device physical access • Enterprise mobile services and infrastructure, including mobile device management, enterprise mobile app stores and mobile application management Guidance and best practice is identified for providers and customers through the U.S. Department of Commerce, National Institute of Standards and Technology, other government agencies, non-government organizations and private industry. Although security has improved, significant improvements still need to be made in this area as well as hardening on the new 5G network protocols, which are currently in development3. 3.8 Operational Support Operational support has transformed to meet the consumer's increasing needs related to increasing complex technology. Many service providers are now able to allow customers to self -manage account profiles and utilize self-service tools via online portals. This allows customers to self -manage inventory management, security management, policy management, and support management, which is not always appropriate for all customers depending on their technical staff and complexity of their needs. Customer care and operational support is provided in all service levels of the MNO and MVNO framework except for the branded reseller platform which focuses only on distribution. The Department should require operational support for all operational needs including billing and technical support. The expectations of a service provider include trouble ticket systems, access to skilled technicians, access to skilled billing staff, policy enforcement, quality control and assurance, monitoring tools, and performance reporting. Service provider should allow customers the option to self -manage accounts. Service provider should function to a world class standard of customer focused service delivery, consistently striving for customer satisfaction that evolves with the technology over time. 3 United States Department of Homeland Security (April 2017). Study on Mobile Devices. Retrieved on August 15, 2017 at htt s:. rv�ruw.dhs. ov sines deFault Eales ublications t1�IS%205tud%20oin%a20Mobiie/o20Device`o�2OSecuirit °/a20 G2......../../..................................................../...................../................................/...................�k2............................................................................................................................................................................................................................................................................................................. fo2QAp..E lf�2;C}2:Q.�:..7.:::FNA.:::...p..�f SUNCOM Mobile Communication Services Business Case Page 1 16 586 3.9 Public Safety Mobile technology continues to play a key role in today's public safety network. Service providers are working with the public safety community on enhanced emergency and first responder features. FirstNet was established by the Middle Class Tax Relief and Job Creation Act of 2012 ("Act"). Under the Act, FirstNet is responsible for ensuring that all components of the Nationwide Public Safety Broadband Network (NPSBN), are built, deployed, operated, and maintained. The NPSBN provides services to public safety entities throughout the nation. FirstNet is an independent federal authority with a statutory duty and responsibility to take all actions necessary to ensure the building, deployment, and operation of the NPSBN based on a single, national network architecture. Mobile providers are now working to build out public safety networks, including FirstNet, dedicated to first responders. Key elements of the public safety networks are developed to enable first responders to communicate and coordinate during emergencies, large events, or other situations where commercial networks can become congested. Therefore, focus has been placed on priority and preemption, which allows providers to shift commercial traffic to other areas of their respective networks, allowing first responders seamless communication. 3.10 Compliance The Federal Communications Commission (FCC) mandates all mobile network operators and all mobile virtual network operators comply with standards and requirements defined for all telecommunications service providers. Compliance with all Federal Americans with Disabilities Act (ADA), Health Insurance Portability and Accountability Act (HIPAA) and Communications Assistance for Law Enforcement Act (CALEA) must be maintained. In addition to Federal mandates, state and local regulatory requirements must also be met to provide services within a given geographic region as appropriate. 3.11 Recommended Communication Services Technology The following recommendation is provided for the MCS platform: 1. The Department should embrace solutions that allow the MCS contracts to easily evolve with changing technology and industry offerings without delays in service offerings. 2. The Department should ensure providers are ready to offer mobile communication network capabilities to all users with minimal cost related to new mobile devices and demonstrate a commitment to offer the latest generation of technology throughout the life of the contract. SUNCOM Mobile Communication Services Business Case Page 1 17 587 3. The Department should work with service providers to ensure network and mobile device security continues to develop in accordance with security related standards and best practices. 4. The Department should support customers in managing security practices within their control. 5. The Department should ensure providers are able to offer a wide variety of equipment and accessories, fulfilling the diverse needs of the MCS customers. 6. The Department should ensure providers are able to offer world class customer service. 7. The Department should ensure public safety spectrum networks are offered by service providers to appropriate eligible users. 4 Market Conditions and Trends Section 287.0571 (4)(g), F.S. A description of the current market for the contractual services that are under consideration for outsourcing. 4.1 Introduction This analysis is intended to meet the statutory requirement of Section 287.0571(4)(g), F.S., which requires "a description of the current market for the contractual services that are under consideration for outsourcing." Information used forthis analysis was gained through a number of methods and sources including: • Discussions with the Department's staff and management; • Review of extensive data and information provided by the Department regarding SUNCOM operations and billing; • Review of current MCS contracts including amendments; • Research on evolving mobile communication service offerings of large providers; • Review of industry research 4.2 Market Conditions and Trends - Networks The mobile communications industry has evolved drastically over the past 10 years as data driven customers with numerous technical devices consume more bandwidth. During this time, mobile network operators (MNO) have expanded their service offerings and overhauled their price plans to meet explosive demand, while rising capital expenditures underline the ongoing need to upgrade network capabilities. The mobile communications industry will continue to evolve over the next few years and beyond. Boundaries will blur among product categories as a SUNCOM Mobile Communication Services Business Case Page 1 18 588 range of industry actors shape customer demand. New partnerships will play an ever more important role in driving new technology and innovation. The push for the next evolution of mobile technology is the consumers desire to seamlessly transition between voice and data capabilities ubiquitously as they move from location to location utilizing mobile and Wi-Fi services. As seen in the migration from 3G to 4G, the 5G technology is predicted to drastically increase data usage per user. Future networks will require fast rollouts, significant capacity, agile, flexible, on -demand and software -oriented telecommunication technologies. 4.3 Market Conditions and Trends - Equipment Demand for internet-enabled equipment, including smartphone, tablets, laptops, and public safety equipment, continues to grow. Market penetration by cheaper imports is increasing. These imports are both manufactured and distributed by foreign companies, as opposed to domestic smartphones, which are still manufactured by foreign companies but marketed and distributed by domestic companies. Foreign manufacturers are actively producing lower-priced smartphone models to siphon off a share of the lucrative US smartphone market. Thus, buyers have a wider range of products and prices to choose from, which boosts competition and buyer power. In addition, the influx of imports has forced larger suppliers to develop their own cheaper alternatives to remain competitive at the low end of the market. Buyers of internet-enabled equipment have also been benefiting from low price volatility during the past three years. Although smartphones are costly, low price volatility indicates that buyers need not worry about sudden price shifts. Furthermore, even though vendors release newer and costlier versions of smartphones annually, increasing market saturation will limit price growth in the coming years as consumers become less willing to pay more forcosmetic updates. 4.4 Market Conditions Recommendations The following recommendations are based on market conditions: 1. The Department should consider established wireless carriers, and wireless carriers that are emerging in the market that could possibly provide lower cost options. 2. The Department should consider tiered volume -based options with wireless carriers, creating the opportunity for discounts. 3. The Department should consider a wide range of equipment to cover basic and high- end mobile capabilities. 5 Upyons & trosi neneTlL Anaiysls Section 287.0571 (4)(h), F. S. A cost -benefit analysis documenting the direct and indirect specific baseline costs, savings, and qualitative and quantitative benefits involved in or resulting from the SUNCOM Mobile Communication Services Business Case Page 1 19 589 implementation of the recommended option or options. Such analysis must specify the schedule that, at a minimum, must be adhered to in order to achieve the estimated savings. All elements of cost must be clearly identified in the cost -benefit analysis, described in the business case, and supported by applicable records and reports. The State agency head shall attest that, based on the data and information underlying the business case, to the best of his or her knowledge, all projected costs, savings, and benefits are valid and achievable. As used in this section, the term "cost" means the reasonable, relevant, and verifiable cost, which may include, but is not limited to, elements such as personnel, materials and supplies, services, equipment, capital depreciation, rent, maintenance and repairs, utilities, insurance, personnel travel, overhead, and interim and final payments. The appropriate elements shall depend on the nature of the specific initiative. As used in this paragraph, the term "savings" means the difference between the direct and indirect actual annual baseline costs compared to the projected annual cost for the contracted functions or responsibilities in any succeeding State fiscal year during the term of the contract. Consideration of options for procurement of MCS was performed after careful review of mobile telecommunications markets and trends, from both a State of Florida perspective and nationally. Based on this understanding of markets and trends; the following analysis reviews a variety of factors, such as: budgets, resources, stability, reliability, cost, risks, time to implement, and simplification opportunities. 5.1 Business Models for Mobile Communication Services 5.1.1 Insourcing Mobile Network Operator The business case is required to consider as an option insourcing of MCS, examining whether feasibility, cost-effectiveness, and efficiency is not better obtained by the Department directly delivering services. Insourcing would require the assets, capabilities and staff to construct and operate a Mobile Network Operations (MNO) platform forthe State of Florida. This would require DMS to become one of the largest mobile telecommunications operators in Florida, in direct competition with service providers such as AT&T, Sprint, T -Mobile, and Verizon. The Department would be required to: • Negotiate interoperability with other national providers to allow for roaming; • Establish a radio access network and acquire license for the use of needed spectrum. Since 1994, the Federal Communications Commission (FCC) has conducted auctions of licenses for electromagnetic spectrum. The Department would need to become a qualified bidder. The electromagnetic spectrum the Department would require would not necessarily be available for purchase through auction. The recent FCC Auction 73: 700 MHz Band received bids for geographic areas including the State of Florida, with gross bids of $19.2 billion 4; • Establish of network -to -network interfaceswith every local incumbent local exchange carrier in the State of Florida, as well as for other originating and terminating carriers such as long-distance service providers. • Purchase and implement voice transport infrastructure services, including the design and buildout of cell phone towers across the State of Florida. The costs would include 4 h:tt,s,;;,;Fc,;;cav,/aCaiir,(13, SUNOM Mobile Communication Services Business Case Page 120 590 an initial investment in obtaining land through purchase or lease, building new cell phone towers, and ongoing operation and maintenance costs associated with the towers; • Purchase and install operational support systems which support all back-office systems associated with operating the MCS network, including administrative and other reports, facilities and maintenance, rating and billing functions; • Purchase and install business support systems which support all front office systems associated with operating the MCS network, including customer service representatives; • Provide professional staffing for management functions not present today at the Department including regulatory filings, FCC reporting, Public Service Commission reporting, carrier relations and the like; • Provide operations staffing for a statewide network including billing, provisioning, maintenance and repair, and the Network Operations Center; • Establish a NOC, which includes the staffing mention above, and also contact center voice equipment and services. A NOC required for these services would include highly skilled multi-lingual contact center agents, and escalation to technically skilled contact center agents. There would also be a cost for the office space required for the contact center agents and supervisors; and • Negotiate contracts with device manufacturers for the purchase of devices. Under this option, the costs to establish a large new statewide MNO are overwhelming and involve considerable risk. For these reasons this insource option is not recommended and is not considered further in this business case. 5.1.2 Insourcing Mobile Network Operator as MVNO A second "insourcing" consideration is the development of a Mobile Virtual Network Operator (MVNO). An MVNO provides mobile services to end-users without owning its own frequency spectrum or network infrastructure, as it buys such capacity from a host MNO. As an MVNO, the Department would not own and operate a network but would still be required to: • Purchase and install operational support systems which support all back-office systems associated with operating the MCS network, including administrative and other reports, facilities and maintenance, rating and billing functions; • Purchase and install business support systems which support all front office systems associated with operating the MCS network, including customer service representatives; • Provide professional staffing for management functions not present today at the Department including regulatory filings, FCC reporting, Public Service Commission reporting, carrier relations and the like; • Provide operations staffing for a statewide network including billing, provisioning, maintenance and repair, and the Network Operations Center; • Establish a NOC, which includes the staffing mention above, and also contact center voice equipment and services. A NOC required for these services would include highly skilled multi-lingual contact center agents, and escalation to technically skilled contact center agents. There would also be a cost for the office space required for the contact center agents and supervisors; and • Negotiate contracts with device manufacturers for the purchase of devices. SUNCOM Mobile Communication Services Business Case Page 121 591 Under this option, the costs to establish an MNVO are lower than an MNO, but are substantial and involve considerable risk. For these reasons this insource option is not recommended and is not considered further in this business case. 5.1.3 Combination Insourcing/Outsourcing The Department is acting as a "second brand MVNO" for air cards, and as a "branded reseller MVNO" for all other equipment and services. Today, the Department operates its air card platform as a second brand-MNVO by providing customer care including device activation. DMS originally selected this model to ensure security for air cards. These security techniques include IP address management and isolation of customer traffic via closed user groups. Closed user groups are the segregation of traffic into steams which are only visible to that specific customer. DMS also provides billing and device management for its air card platform. However, the remaining MCS platform is provider managed and the Department only provides a distribution channel for those products and services. Second Brand-MVNO is a model that provides customer care, billing, handset management, and distribution. This platform allows for market participation without spectrum and technical value add including interconnectivity and application development. Branded Reseller-MVNO is a model where the MVNO provides only the distribution channel for products and services. All other support functions are handled by another MVNO or MNO. This is the most flexible and risk adverse platform in the MVNO model. 5.2 Evaluation of the Options for Mobile Telecommunication Services The following is the evaluation of options available to the state for services similar to MCS: 5.2.1 Descriptions of Available Options for Insource and Outsource Section 287.0571 (4)(e), F. S. - A description of available options for achieving the goals. If State employees are currently performing the service or activity, at least one option involving maintaining State provision of the service or activity shall be included. This business case examines three options specifically for the scope of continued support, integration, and installation of MCS and ancillary features/capabilities following the expiration of the current MCS contracts. Insource, Outsource, Insource/Outsource Combination Insource- Is an organization's performing a service internally. Insourcing is a business decision that is often made to maintain control of critical functions or competencies that are essential to the organization's mission. Outsource - Is the contracting out of a service to a third party. Outsourcing can be a way to take advantage of third party experience and efficiency. Combinations of Insource and Outsource - Services provided by a combination of existing state employee full-time equivalent (FTE) positions, with vendors providing SUNCOM Mobile Communication Services Business Case Page 122 592 elements of operations that fall outside of the administrative, physical, or technical capabilities of the Department. 5.2.2 Description of Options for a Mobile Network Operator The options for procurement of MCS capability that are evaluated in this business case are: 1. An option based on insourcing whereby the Department creates a Mobile Network Operator and manages all mobile communication functions, like the operations of a competitive mobile network carrier. For reasons described above, Sections 5.1.1 and 5.1.2, are not further considered in this business case. (MNO, MVNO)— Option 1 2. An option based on a combination of insource/outsource whereby the Department outsources the significant mobile communication functions and uses a second brand MVNO platform to manage customer care, billing, and equipment management for air card service only and provides only a distribution channel for the mobile network provider's products and services. This is DMS' current model (Second Brand-MNVO and Branded Reseller-MVNO). —Option 2; and, 3. An option based on a combination of insource/outsource whereby the Department outsources all the mobile communication functions and acts only as a brand reseller providing only a distribution channel forthe mobile network provider's products and services, including air cards. (Branded Reseller- MVNO)—Option 3 5.2.3 Description of Options for Forms of Procurement Competitive Procurement - Section 287.057, F.S., and Department of Management Services (DMS) Rule 60A-1, Florida Administrative Code, provides: Invitation to Negotiate (ITN) — Used when the agency knows the desired end result but is not sure how to get there; or, there are many ways to get to the end result; or, the qualifications of the provider and quality is more important than price. This option works best when highly technical or complex services are being acquired. The price structure for services is negotiated. Invitation to Bid (ITB) — Used when the agency knows exactly what it wants. Price is the determining factor in the award. Request for Proposal (RFP) — Used when the agency has a general idea of what it wants. Services and price are evaluated. These procurement options are within the scope for outsourcing as required by Chapter 287.0571, F.S., and represent common procurement options utilized by the state for similar needs. This business case recommends an ITN as the best procurement option but leaves that determination to Executive Leadership. The services contemplated within this business case are highly technical which limits the Department's ability to establish precise specifications or specifically define the services and identify necessary deliverables. Pricing will not be the sole determining factor in determining a contract award and the Department desires the ability to negotiate the best method of service delivery. SUNCOM Mobile Communication Services Business Case Page 123 593 5.2.4 Assumptions for Options The financial modeling presented in this business case uses the "combination insource/outsource" framework. 5.3 Analysis of Advantages and Disadvantages Section 287.0571 (4)(f) - An analysis of the advantages and disadvantages of each option, including, at a minimum, potential performance improvements and risks. Advantages and disadvantages, including risks, for the alternative options as compared to continued separate mobile communication services contracting, and to each other, are as follows. Additional risk analysis are contained within each option and discussed in Sections 5.3.2 and 5.3.3. Potential performance improvements are discussed in Section 5.4. 5.3.1 Option 1 - Insourcing (MNO, MVNO) For reasons described in Section 5.1 .1 and 5.1.2, this option is not considered further in this business case. 5.3.2 Option 2 —Second Brand-MNVO (Air Card Services only) and Branded Reseller - M NVO Option 2 is a combination of insource/outsource functionality whereby DMS outsources the physical network associated with the mobile telecommunications services platform and collaborates with the service provider on service plans for contract cost and user pricing. The Department insources billing, and hardware management of the air card service, and provides the distribution channel for the vendor's products and services (excluding air cards). Advantages • Continues current operating mode, practices, and service provisioning; • Customers experience the same usage patterns and usage -based charging patterns as under current MCS contracts; • Minimizes additional capital expenditures by DMS and MCS customers, since investment, capacity, and technology evolution are managed by the service provider; • Customers experience the same billing and administration; • Provides greater assurance of achieving required SLAs managed by selected service provider. Disadvantages or Potential Concerns • Reporting capabilities may be limited in information, which hampers DMS analysis on services. Risks • DMS identified no risk with this option. SUNCOM Mobile Communication Services Business Case Page 124 594 5.3.3 Option 3 — Branded Reseller-MVNO This option is a combination of insource/outsource functionality where DMS outsources the physical network, operations, and billing. In this model DMS acts as a branded reseller providing only a distribution channel for the vendor's products and services. Advantages • Customers experience the same usage patterns and usage -based charging patterns as under current MCS contracts • Potential for lower overall pricing based on aggregation of usage and negotiation of commitment levels and pricing fortiered levels of utilization, similar to the mobile wireless data pricing model; • Minimizes additional capital expenditures by DMS and MCS customers, since investment, capacity and technology evolution are managed by the service provider; • Provides greater assurance of achieving required SLAs managed by selected service provider. Disadvantages or Potential Concerns DMS would be required to create a process with the Vendor for the management of closed user groups. Customers have to review air card charges on their bill without DMS review. Risks • Since DMS would no longer control the service, there would bean implementation and transition risk when transitioning air card services. • There is a potential security risk if DMS does not administer the air cards and the closed user groups. 5.4 Potential Performance Improvements/Service Features The Department should consider the following service improvement and service features. • Future contracts should continue to allow for evolution of service and equipment technology, enabling the contract to evolve with new technology. • Future contracts should continue to allow platform flexibility, scalability, and support for industry standards, enabling a seamless integration of third -party technologies and applications. • Future contracts should have higher statewide coverage through multiple carriers. Providers should offer multiple solutions, including equipment for coverage and building penetration. Equipment offeringsfor improving building penetration should be vendor neutral and at minimum to no cost for customers. • Future contracts should require detailed reporting capabilities allowing DMS to evaluate the entire product and service offerings forfuture MCS platform evaluation. SUNCOM Mobile Communication Services Business Case Page 125 595 • Future contracts should continue to require a combination of feature rich equipment and basic low-cost options and provide a comprehensive suite of enhanced services fulfilling the customer's diverse needs. • Future service delivery should include voice services over Wi-Fi service connections. • Future service delivery should have a consideration of technology evolutions in public safety communication services. • Future service delivery should provide the capability for all aspects of the service to be partitioned to provide a scope -of -view and scope -of -command, allowing network administrators (user agents) to manage all their devices. • Future contracts should include a high standard of measurable, achievable and motivational Service Level Agreements for DMS and its customers, supported by a tool set for monitoring service levels, and backed up by appropriate financial consequences. • Future contracts should continue to require a waiver of vendor's service activation fees. • Future contracts should provide for service plans for both work and personal accounts. • Future contracts should provide discounts for volume purchases. • Future contracts should allow forfrequent equipment upgrades at minimal to no cost to customers. • Future contracts should provide options for equipment and lower cost devices from emerging brands. • Future contracts should increase the standard for operational support, achieving a world class standard of customer service delivery. • Future contracts should increase the standard for equipment warranties, simplicity of repair, and replacement forfaulty equipment. • Future contracts should require detailed commitment on data utilization, allowing for limited and unlimited data, data limits, data throttling, waivers on data limits for Public Safety plans, and sharing data limits in aggregation across devices. 5.5 Cost Benefit Analysis for Each Option The Department of Management Services uses a margin percentage to markup costs from the MCS services provider and related ancillary service devices to recover internal DMS costs. The optional services and features of MCS are material to the financial analysis on a separate basis, and are not addressed as separate line items, but instead are included in service model revenues. The financial analysis compares the options and provides financial metrics to determine which options will: 1. Maintain low costs for DMS in procuring and managing services; 2. Maintain low costs for agencies utilizing MCS; and 3. Provide the greatest benefit for the least cost. The financial analysis included: 1. Revenue — both air card revenue and all other revenue SUNCOM Mobile Communication Services Business Case Page 126 596 2. Direct Costs — direct costs of vendor payments for air cards, infrastructure adjustment, salary and benefits, data processing, and non -salary overhead. 3. Indirect Costs - included salaries and benefits, expenses, contracted services. 4. Net Revenue — includes potential rebates and other adjustments 5. Net Revenue, Post Rebate -Operations Balance — adjusted for customer rebates with a buffer for maintain operational payment and cost control The analysis forecast the models with the cost recovery rate at either one, one and a half, two, or two and a half percent, which is adjusted in the net revenue with varying customer rebates. An operations revenue buffer of $850,000 annually is assumed to be maintained for operational payment and cost control. 5.5.1 Financial Model Base Case This business case analysis first establishes a baseline of DMS' current business and financial environment for MCS, determined from historical business and financial data provided by DMS staff, including historical volumes, costs, revenues and vendor contracts. In modeling the various business case options, historical data was utilized to build an understanding of the fiscal flow of revenue and cost for the service. The model reviews the total volume, revenue, and cost for the services utilized by the agencies through this contract. Service Forecasts were developed over the 10 -year period from the date of MCS contract execution corresponding to fiscal year 2021-2022 through fiscal year 2031-2032, which includes a 5 -year renewal period. Based on projections for DMS' MCS Services, direct and indirect costs were forecasted over the 10 -year period. These projections were compared against the baseline scenario (which forecasted no changes to existing contracts, pricing, or DMS' business model) to determine the potential cost savings to DMS and to its customers. Options 2 and 3 were also compared against each other to determine which Option resulted in the lowest cost. Overtime, DMS may achieve cost savings to the state through migration and integration of newer technologies solution that achieve improved abilities to pass on reductions to the end customers. 5.5.2 Option 1 — Insource For reasons described Section 5. 1.1 and 5.1.2, this option is not considered further in this business case. 5.5.3 Option 2 — Insource/Outsource (Second Brand/Hybrid Light MVNO) Option 2 represents the current MCS platform. DMS acts as a branded reseller for all products in the MCS platform except for air card services. For the air card services platform DMS provides customer support, billing, device management, distribution and sales. In the mobile communication market, DMS is acting a second brand or light mobile virtual network operator (MVNO) for air card, and as a "branded reseller MVNO" for all other equipment and services. This platform is an intermediate model between a branded reseller (Option 3) and a fully defined light MVNO. It allows control of distribution channels, increased level of control over back office processes, billing, device management, and value-added services definition and operations for SUNCOM Mobile Communication Services Business Case Page 127 597 air card services. The current MCS platform manages many of these aspects as they relate to MCS air card services. Currently there are 7,956 air card devices that have been issued. 5.5.3.1 Technology Requirements Option 2 envisions current technology requirements to remain the same as it is in the current contracts, however future contracts should allow for flexibility to allow for emerging technologies throughout the life of the contract. All MCS products and services are technically supported by the mobile communications provider exceptforair card services. Today air card services are supported by both the mobile communications provider and DST. Support regarding the air card device or service is handled by the mobile communications provider. Support for system configuration and closed user group access is provided by DST. The current MCS contract addresses the following technical requirements. • Voice Services • Wireless Data Services • Transmitted Data Security • Closed User Group (Supported by DMS internally) • State Provided IP Addresses (Public and Private) • Wireless Device IP Routing Scheme • Service Provider Furnished Public Routable IP Address Space • Entity Specific Circuit • Wireless Router and/or WWAN Modem • Emergency Operations Features • Security Feature Set • Service Grade • Authentication • Activity User Log • Text Message Service • Message Logging • Tracking Geographical Device Services • Wireless Applications • Voice and Data Coverage Maps • Roaming • Network Neutrality • Priority Connection Services • Applicable Test Plan • Data Monitoring Suite • Voice Monitoring Suite • Voice Handheld Devices • Minimum Technical Requirements • Data Devices • Text Devices • Helpdesk Services SUNCOM Mobile Communication Services Business Case Page 128 598 • Network Trouble Reporting • Client Testing and Evaluation • Operational and User Guides • Escalation Requirements and Procedures • Planned Outage Notification • Unplanned Wireless Outage Notification • Existing Wireless Data Customer Migration 5.5.3.2 Billing Option 2 envisions billing to remain the same as it is in the current state. All MCS products and services are directly billed from the mobile communications provider except for air card services. Today air card services are managed and billed within DST and this accounts for on average 385 invoices a month. 5.5.3.3 Customer Service Option 2 envisions customer service to remain the same as it is in the current state. All customer service needs related to MCS products and services are handled by the mobile communications provider except for air card services. Today select air card services are managed within DST. This select service is considered the closed user group and currently makes up 148 air card users. Support and maintenance of this user group service is handled by DMS internally. 5.5.3.4 DMS Role The DMS role will remain the same as it is in the current MCS platform. DST will continue to work with its MCS customers and service providers to provide the best mobile communications network. 5.5.3.5 Direct & Indirect Cost In addition to the Direct and Indirect Costs listed in Section 5.5 above, Option 2 envisions DMS staffing time forthe air card billing process, in addition to the DMS staffing time required for contract management and monitoring that would be required for both 2 and 3. 5.5.3.6 Overall Cost To comply with the statutory requirement to "develop a system of equitable billings and charges for telecommunications services" stated in subsection 282.703(2), F.S., SUNCOM uses administrative cost recovery rates which are assessed foreach SUNCOM service. Approximately 93.7 percent of SUNCOM's costs are payments to contracted telecommunications vendors. The remaining 6.3 percent of SUNCOM's costs are the costs of engineering, designing, procuring, ordering, installing, monitoring, auditing, invoicing, and managing these SUNCOM services. These support services are funded through the imposition of the administrative cost recovery rates, which are added to vendor charges for SUNCOM services. Some SUNCOM services bear more of these costs than others based upon the relative share of support service resources committed to sustaining the service, and so have a higher rate. The underlying goal of the cost recovery model is to ensure the solvency of the Communications Working Capital Trust Fund. Since 2012, the rate charged SUNCOM Mobile Communication Services Business Case Page 129 599 to SUNCOM's Wireless Data Service customers have been between two and a half to three percent of the Customer's monthly invoice amount. Quarterly, DivTel reviews a report showing the profitability of services based on service utilization and service costs. To address any inequity identified upon review of these figures, rate reductions and customer credits are used. A customer credit is a one-time liquidation of excess revenue without any associated rate reduction. Customer credits are issued to air card customers when a service achieves unanticipated excess revenue over expenses. Through customer credits, SUNCOM can ensure equitable billings without risking its ability to sustain a service over the longer term. The SUNCOM'S Wireless Data Service is a stable service with low overhead and air card customers have received customer credits over the years. A reduction in the cost recovery rates associated with SUNCOM's telecommunications services results in recurring cost avoidance to the existing customers of the affected service. Such a reduction also represents costs avoided by future customers of the service. The recurring nature of the fiscal impact associated with a cost recovery rate reduction requires that adequate consideration be given to both existing and future market conditions associated with the SUNCOM service. With the maturity and growth of SUNCOM's Wireless Data Service, we are experiencing an increase in revenues. 5.5.3.7 Potential Savings It is anticipated that over the life of the new MCS contract that cost avoidance will be achieved through leveraging State buying power and continuing to maintain lower costs than available commercially, including volume discounts, and the continued availability to the State of emerging and evolving technology surrounding mobile communications. 5.5.3.8 Transition Costs/Considerations There are minimal transition cost risks considered in Option 2 as this option leaves MCS in its current state. Should the future procurement not result in a contract, or contracts, with one of the current incumbent providers, there may be costs associated with transition for end users with "locked" devices (devices that only work on a specific provider's network), along with DMS staff and customer time. 5.5.3.9 Total Estimated Cost over 10 Years Overall Cost for Option 2 is expected to be $36.7 million over the 10 -year period from execution of the MCS contract in July 2020 through FY 2031-32. 5.5.3.10 Risk Analysis Risk analysis of MCS platform remaining in its current state. In maintaining the current model of multiple contracts for MCS with the possible entrance of new providers and new emerging technology may create significant risks and required efforts on both the enterprise and customer side. Some of the emerging technology may include 5G network and related technology offerings, emerging public safety integration, device transitioning, and future technological innovations. SUNCOM Mobile Communication Services Business Case Page 130 600 The most significant risks and required efforts are on the customer side of transitioning to a new or different MCS platform. Each agency will be required to assess current capabilities and requirements for transition to a new or different MCS platform. Standards, methods, and practices for transition to a new or different MCS platform have been developed through experience by all large carriers who have accomplished this transition for other enterprise customers besides the State of Florida. Furthermore, some additional training of agency IT staff may be required, but it is anticipated that this can be provided overtime. Also, with this option the lack of visibility of detailed reporting information regarding customers, device type, usage of service type, plans and features, and other valuable informational data may not be consistently provided and reported. This reporting data is needed for future analysis of the MCS contract to ensure the most advantageous services and pricing for the State of Florida. 5.5.3.11 Mitigation Plan Mitigation of negative consequences of MCS platform remaining in its current state is provided by the following factors: 1. The industry will be adapting to emerging technologies as the standard platform for mobile telecommunication services. 2. The current MCS business process and platform experience can be leveraged in any new technology and vendor transitions. 4. The onboarding process of a potential new MCS service provider is expected to occur over a fairly short time period. 5. The MCS business process would remain on an existing and operating network with which all users are familiar. Current users are familiar with the day to day operation of MCS. 6. Existing MCS contracts remain in place throughout the transition period. 7. Development and implementation of stringent SLAs to manage service provider's service performance, including technical, service delivery and financial requirements. 5.5.3.12 Implementation Timeline for Option 2 & 3 The schedule that, at a minimum, must be adhered to in order to achieve the estimated savings is indicated below in the MCS timeline, which has been combined for both Options 2 & 3 as they would be the same timeline projection. See Section 5.5.5 for the draft timeline. 5.5.4 Option 3 — Insource/Outsource (Distribution Channel Only) This option represents the lightest MVNO business model, where DMS would only provide its distribution channel to the mobile network operator (MNO) while the MNO provides the rest of the business, from access network to the definition of the mobile service offer. This is the model that requires the lowest investment and overhead for DMS. However, most of the business services remain with the network provider. Therefore, this option provides very limited control of the business and value proposition of the service. SUNCOM Mobile Communication Services Business Case Page 131 601 5.5.4.1 Technology Requirements All technology responsibilities are outsourced to the mobile communications provider in Option 3. This includes all technology requirements as outlined in Option 2 and includes air card services. 5.5.4.2 Billing All billing responsibilities are outsourced to the service provider in Option 3. 5.5.4.3 Customer Service All customer service responsibilities are outsourced to the service provider in Option 3. 5.5.4.4 DMS Role The DMS role in Option 3 is to only provide a distribution channel for the service provider. 5.5.4.5 Direct & Indirect Cost In addition to the Direct and Indirect Costs listed in Section 5.5 above, Option 3 envisions 2 FTE forthe management of the MCS contract and services. 5.5.4.6 Overall Cost To comply with the statutory requirement to "develop a system of equitable billings and charges for telecommunications services" stated in subsection 282.703(2), F.S., SUNCOM uses administrative cost recovery rates assessed for each SUNCOM service. Approximately 93.7 percent of SUNCOM's costs are payments to contracted telecommunications vendors. The remaining 6.3 percent of SUNCOM's costs are the costs of engineering, designing, procuring, ordering, installing, monitoring, auditing, invoicing, and managing these SUNCOM services. These support service rates are funded through the imposition of the administrative cost recovery rates, which are added to vendor charges for SUNCOM services. Some SUNCOM services bear more of these costs than others based upon the relative share of support service resources committed to sustaining the service, and so have a higher rate. The underlying goal of the cost recovery model is to ensure the solvency of the Communications Working Capital Trust Fund. Since 2012, the rate charged to SUNCOM's Wireless Data Service customers has been between two and a half to 3 percent. Quarterly, DivTel reviews a report showing the profitability of services based on service utilization and service costs. In order to address any inequity identified upon review of these figures, rate reductions and customer credits are used. A customer credit is a one-time liquidation of excess revenue without any associated rate reduction. Customer credits are issued when a service achieves unanticipated excess revenue over expenses. Through customer credits, SUNCOM can ensure equitable billings without risking its ability to sustain a service overthe longer term. The SUNCOM'S Wireless Data Service is a stable service with low overhead and has received customer credits over the years. A reduction in the cost recovery rates associated with SUNCOM's telecommunications services results in recurring cost avoidance to the existing customers of the affected service. SUNCOM Mobile Communication Services Business Case Page 132 602 Such a reduction also represents costs avoided by future customers of the service. The recurring nature of the fiscal impact associated with a cost recovery rate reduction requires that adequate consideration be given to both existing and future market conditions associated with the SUNCOM service. With the maturity and growth of SUNCOM's Wireless Data Service, we are experiencing an increase in revenues. 5.5.4.7 Potential Savings It is anticipated that over the life of the new MCS contract that cost savings will be achieved through leveraging State buying power realizing lower costs than available commercially, including volume discounts, and the continued availability to the State of emerging and evolving technology surrounding mobile communications. 5.5.4.8 Transition Costs/Considerations There are minimal transition cost risks considered in Option 3 as this option leaves MCS in its current state with the exception of air cards, which become the responsibility of the service provider. Should the future procurement not result in a contract, or contracts, with one of the current incumbent providers, there may be costs associated with transition for end users with "locked" devices (devices that only work on a specific provider's network), along with DMS staff and customer time. 5.5.4.9 Total Estimated Cost over 10 Years Overall Cost for Option 3 is expected to be $36.7 million over the 10 -year period from execution of the MCS contract in July 2020 through FY 2031-32. DMS's participation in administering air cards is an incidental cost and does not impact the overall cost for Option 3. 5.5.4.10 Risk Analysis This paragraph presents a risk analysis of DMS providing only a distribution channel for MCS services and having the vendor manage the entire MNO value chain. The risk differential between Option 2 and 3 are minor. The risks in Option 3 would encompass the risks outlined for Option 2 in Section 5.5.3.10, with the addition of migration of the closed user group (private network access to MyFloridaNet). Also, with this option the lack of visibility of detailed reporting information is a risk. Data regarding customers, device type, usage of service type, plans and features, and other valuable informational data may not be consistently provided and reported. This reporting data is needed for future analysis of the MCS contract to ensure the most advantageous services and pricing for the State of Florida. 5.5.4.11 Mitigation Plan Mitigation of negative consequences of DMS providing only a distribution channel for MCS services and having the service provider manage the entire MNO would encompass the following: SUNCOM Mobile Communication Services Business Case Page 133 603 1. Development and implementation of stringent SLAs to manage service provider's service performance, including technical, service delivery and financial requirements. 2. Work with the service provider and required resources to implement, troubleshoot, manage, and monitor the transition of the closed user group air card services. This would include training and other oversight needed for successful migration. 3. Work with customers and required resources to manage the MCS transition, including training and other oversight. 4. The industry will be adapting to emerging technologies as the standard platform for MCS. 5. The current MCS business process and platform experience can be leveraged in any new technology and service provider transitions. 6. The onboarding process of a potential new MCS service provider is expected to occur over a fairly short time period. 7. The MCS business process would remain on an existing and operating network with which all customers are familiar. Current users are familiarwith the day to day operation of MCS. 8. Existing MCS contracts remain in place throughout the transition period as an alternative. 5.5.5 Implementation Timeline for Option 2 & 3 The schedule that, at a minimum, must be adhered to in order to achieve the estimated savings as indicated below in the MCS timeline, which has been combined for both Options 2 & 3 as they would be the same timeline projection. The image below is a placeholder until final timeline is developed with Executive Leadership. Changes to this timeline are expected to have minimal impact on the estimated savings resulting from the execution of Contracts. Mobile Communication Services Draft Timeline January 2019 Business Case Completion 4/2019 7/2019 10/201 1/ 20 19 ! January 2019 — December 2019 Solicitation Development January 2020 June 2020 Post Solicitation on Vendor Bid System 1/2020 4/2020 • January 2019 • January 2019 — December 2019 • January 2020* - June 2020* • July 2020* • August 2020* - January 2021* • November 2020 • January 2022 • July 2025 • July 2030 November 2020 Ongoing MCS -2 January 2022 Contract Operations Expiration of Current and Management MCS Contract 7/2020 ', 10/2020 1/021 4/2021 7/2021 10/2021 lr, August 2020—January 2021 Migration 1/2022 Business case completion Solicitation development Post solicitation on Vendor Bid System Sign contract M igration MCS -2 operations and management begins Expiration of current MCS contract Completion of the initial five-year term Expiration of the MCS -2 contract, if renewed in full SUNCOM Mobile Communication Services Business Case Page 134 604 *These dates are subject to change following internal review processes. 6 Recommended Option & Detailed Discussion The recommended option for this portion of the business case is in accordance with Subsection 287.0571(4), F.S., which outlines the requirements for contracting with private sector vendors as they can effectively and efficiently provide services and reduce the cost of government. This statute requires analysis of feasibility, cost-effectiveness, and efficiency before proceeding with outsourcing of services. A detailed analysis forthis decision provides the following key findings: 1. An analysis of the mobile communications market concludes that the MCS platform being provided today is following the correct technological path in terms of capability and service delivery; The MCS reporting and analysis information regarding device type, usage of service, and other data needs to be more detailed and provided to DMS on a monthly basis; An MCS platform enables a connected enterprise characterized by access to people and information virtually anytime and anywhere for faster communication and greater collaboration using a variety of devices or mediums; 4. The mobile communications industry is ever evolving and with multiple providers instead of a single service provider approach, DMS is able to provide the customer with new technology at competitive pricing; 5. As the mobile communications market continues to evolve, review of SLA requirements will need to be a priority for DMS contract management to ensure MCS customers receive the best possible service solution; 6. Improved customer awareness of the capabilities of the service offering portfolio will extend the adoption of MCS to a broader customer base; 7. Innovative technology offerings to DMS customers will provide the opportunity for growth of the MCS platform; 8. The assumption of growth of MCS services will directly result in an increase for data consumption by all customer segments; 9. The telecommunication advancements in Public Safety are continuously evolving and creating new service offerings specific to Law Enforcement, EMS, and other First Responder networks. SUNCOM Mobile Communication Services Business Case Page 135 605 6.1 Summary of the Three Options Considered in This Business Case In summary the three options considered for the next generation for Florida's mobile communications services platform are outlined below. The current services are provided by DMS, Verizon, AT&T, and Sprint. The three options are: 1. Option 1 - Insourcing of Mobile Communications Services and support functions. For reasons described in Section 5. 1.1 and 5.1.2, this option is not considered further in this business case. 2. Option 2 - Combination of Insourcing and Outsourcing (Current MCS Model)whereby DMS outsources all of the mobile telecommunication services except forthe management, support, and billing of air card services. 3. Option 3 - Combination of Insourcing and Outsourcing whereby DMS outsources all of the mobile telecommunication services and acts only as a distribution channel for the service provider. Each of these three options has been evaluated about the following attributes as supported by Section 5.6: • Risks, disadvantages, pros and cons; • Assumptions and constraints; and • The schedule of key events. 6.2 Option 1 — Insource The Department of Management Serviceswould request the establishment and funding for state FTE positions and physical assets to support mobile communication operations as appropriate. Upon approval, DMS would establish an internal mobile communications services organization composed of these full-time state employees based upon the choice of servicesto insource and outsource. These positions would be incorporated into the department's Legislative Budget Request (LBR) forfunding each fiscal year. The level and appropriateness of outsourcing will be determined by what services are deemed attainable through state resources. 6.3 Option 2 —Combination Insourcing and Outsourcing (Current MCS Model) For this option, DMS would release an ITN to qualified vendors and negotiate a new contract for the identified MCS service features based upon existing mobile communications service portfolio, which includes Public Safety specific services, with consideration for emerging technology/capabilities. This option is predicated on DMS maintaining support and management of all air card services. This option is the current MCS platform. Option 2 — Combination Insource and Outsource, provides the low risk to the state while allowing competitive market SUNCOM Mobile Communication Services Business Case Page 136 forces to keep the total cost of service delivery low. This option leverages DMS' existing staffing and service capabilities. 6.4 Option 3 —Combination Insourcing and Outsourcing (Distribution Channel Only) For this option, DMS would release an ITN to qualified vendors and negotiate a new contract for the identified MCS service features based upon existing MCS portfolio, which includes Public Safety specific services, with consideration for emerging technology/capabilities. This option outsources all mobile communication services and operations to the service provide while DMS acts only as a distribution channel. Support for air card services would be maintained by DMS until adequate time has been provided for a migration of services to the provider. This option leverages DMS' existing staffing and service capabilities. 6.5 Recommendation It is recommended that DMS issue a combination insourced and outsourced competitive procurement as an Invitation to Negotiate (ITN) as outlined by Option 2. This procurement should identify and incorporate the evolution of new mobile communication technologies and service offerings. With the evolution of a Public Safety mobile communication network, consideration should be given to a multiple ITN approach. 7 Business Case Recommendations Summary The following section is provided as an overall summary of recommendations collected from throughout the business case. They represent key points that should be considered as DMS moves forward with its chosen path for MCS. Recommendations include: 1. DMS issue a combination insourced and outsourced competitive procurement as an Invitation to Negotiate (ITN) to maintain its currently structured mobile communications services portfolio as outlined by Option 2. 2. The MCS solution should continue to allow for evolution of service and equipment technology, enabling the contract to evolve with new technology. 3. Internal support for closed user group should work with all providers to establish a private network access to MyFloridaNet. 4. Timely review of services and offerings which allows DMS to provide the most advanced mobile communication services. Market technology such as signal boosters and wearable technology are driving the need for data consumption and consumer demands. SUNCOM Mobile Communication Services Business Case Page 137 607 5. Prioritize the review of current SLA requirements to ensure MCS customers are receiving the best possible service in a continuously evolving market. 6. DMS develop and implement SLAs that require consistent and timely reporting of device type, usage of service type, plans and features, and other valuable informational data is necessary. This reporting data is needed for service evaluation and monitoring, and future analysis of the Mobile Communication Services contract to ensure the most advantageous services and pricing for the State of Florida. 7. DMS maintain the necessary resources and support staff needed to manage the MCS air card users, closed user group, and its potential growth of new users. Service delivery forthis offering must be managed end-to-end within the delivery configuration to ensure proper network administration is maintained. Further, all back-office functions (customer service requests and invoicing) must be properly maintained by DMS resources. 8. Create a report template to be distributed and used monthly by all contracted service providers to ensure consistency and ease of review. 9. DMS maintain the necessary resources and support staff needed for contract management and SLA monitoring to ensure proper service quality for the State of Florida. 10. Tiered or bulk pricing offerings should be explored. 11. The MCS procurement should have the goals of improved SLAs, improved reporting, and continued low pricing. 8 State Business Process & Policies Section 287.0571 (4)(1), F. S. A description of differences among current state agency policies and processes and, as appropriate, a discussion of options for or a plan to standardize, consolidate, or revise current policies and processes, if any, to reduce the customization of any proposed solution that would otherwise be required. In the context of the SUNCOM service portfolio, there are no impacts to existing state agency processes or policies that are not currently being managed effectively by DMS. The intended service delivery maintains a current steady state of services to all SUNCOM customers and as such the new MCS procurement does not present any additional burden on the state. 9 Performance Metrics Review Section 287.0571 (4) (j), F. S. A description of the specific performance standards that must, at a minimum, be met to ensure adequate performance. The current MCS contracts contain Service Level Agreements (SLAs). After review of these SLAs, the performance standards and measurements that should be met to ensure adequate performance includes: SUNCOM Mobile Communication Services Business Case Page 138 608 Escalations — any future contract(s) should continue to require escalation procedures to maintain a high level of customer service to Customers. Migration —any future contract(s) should continue to require migrations be completed within 120 days of Contract execution to maintain a high level of customer service to Customers, and a robust standard of project management. Maintenance — any future contract(s) should continue to require notification for planned and unplanned maintenance that could affect service delivery to maintain a high level of customer service to Customers. Appliance Failover — any future contract(s) should continue to require rapid failover to the secondary IPsec Virtual Private Network (VPN) appliance to maintain connectivity to MFN. In addition to current SLAs, the following recommended performance standards will ensure adequate performance: Contractor Staffing— any future contract(s) should ensure that key staffing positions are filled with personnel with the appropriate experience and qualifications with remedies for identified deficiencies. Contractor meetings — any future contract(s) should ensure that the Department is able to adequately monitor the contracts. Ongoing operational and topic specific meetings are an appropriate tool to assist with such monitoring. Project Management— any future contract(s) should ensure that the Department is able to adequately monitor the transition from current to future contracts. The transition should be conducted in an optimal way to achieve the standards of transition. Billing and Reporting — any future contract(s) should ensure that the Department is able to receive invoices, credits, and reporting on cost recovery and direct billed accounts in a timely manner with all required information. Additionally, future contract(s) should require Public Safety specific reporting on Customer utilization. Public Safety— any future contract(s) that offer public safety specific options should require a high standard of coverage across the State, compliance with industry standards for Public Safety LTE communication, and offer deployable technologies for emergency situations. Additionally, the future contract(s) should ensure Public Safety Customers have local control to enact priority and preemption of their service, a local control portal, and Pubic Safety specific customer support. 10 Projected Timeframe Section 287.0571 (4)(k), F. S. The projected timeframe for key events from the beginning of the procurement process through the expiration of a contract. SUNCOM Mobile Communication Services Business Case Page 139 609 The MCS procurementto contract expiration timeline is suggested to be established forfive years, with a renewal/evaluation interval at year five, at which time new negotiations for service features and reduced pricing should take place. This contract should be put in place prior to the expiration of existing MCS contacts to allow for any migration of services needs to be met with a new portfolio of services. See 5.5.5 for the presentation of the projected timeline and key events. 11 Public Records Compliance Section 287.0571 (4) (1), F.S. A plan to ensure compliance with the public records law. The procurement and a subsequent awarded contract should state that any and all records produced are subject to Ch. 119, Florida Statutes. The service provider shall allow DMS access to all documents, papers, letters, or other material subject to Ch. 119, Florida Statutes for which public record requests are made or received by the department. 12 Contingency Plan Section 287.0571 (4) (m), F. S. A specific and feasible contingency plan addressing contractor nonperformance and a description of the tasks involved in and costs required for its implementation. Using multiple providers as a strategy to achieve maximum coverage also minimizes the need for contingency planning related to contractor nonperformance. Having multiple contracts facilitates end-users discontinuing services from a nonperforming provider. DMS anticipates continuing its contract strategy where there are no term commitments for devices, therefore any costs related to Contractor nonperformance would be limited to the cost of moving any locked phones for one provider to another. Future contracts should maintain provisions to address the termination for cause in the event of non- performance by the Contractor and remedies for non-performance consistent with those available in rule 60A- 1.006, F.A.C. DMS should include SLAB in the contract in the event the service provider does not meet established performance expectations. The SLAs should provide incentive for a contractor to cure problems with performance before an event of default occurs. Suggested Remedies for DMS for Default and Obligations upon Termination: • Terminate the contract by providing the service provider with appropriate written notice of the effective date of termination; Seek equitable relief and/or institute legal proceedings against the service provider to collect payment of any money owed including, but not limited to, re - procurement costs, system replacement costs, and liquidated damages; and initiate proceedings to have service provider placed on the Suspended Vendor SUNCOM Mobile Communication Services Business Case Page 140 610 list; Once placed on the Suspended Vendor list, state agencies will be advised not to do business with the service provider without written approval from State Purchasing until the state receives reimbursement for all re -procurement costs. Recommended Termination Assistance Services: • Service provider must cooperate fully with DMS and any new service provider; • All processes and procedures performed by the service provider must be explained and appropriate documentation provided for each service layer under contract; • Answer questions related to the migration and transition of services; and • Termination assistance services rendered prior to the termination date of the contract will be at no additional cost to DMS. Services rendered after termination of the contract will be at a reasonable rate. 13 Transition Plan Section 287.0571 (4) (n), F. S. A state agency's transition plan for addressing changes in the number of agency personnel, affected business processes, employee transition issues, and communication with affected stakeholders, such as agency clients and the public. The transition plan must contain a reemployment and retraining assistance plan for employees who are not retained by the state agency or employed by the contractor. Subsection 287.0571(4)(n), F.S., requires a business case to address issues that may arise when work currently being done by state employees is transferred to a contractor. There is no expectation of a need to reemploy or retrain agency personnel. The DMS staff that perform services related to MCS are expected to not have changes to their roles under Option 2. Therefore, utilizing Option 2 does not require reemployment or retraining assistance and no transition plans for employees are necessary. 14 American With Disabilities Act Of 1990, As Amended Section 287.0571 (4) (o)F. S. A plan for ensuring access by persons with disabilities in compliance with applicable state and federal law. The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. To ensure that the service provider is compliant with state and Federal ADA laws, the procurement should request that the service provider outline a plan to identify and address any ADA concerns. Future contracts should include the requirement to comply with the provisions in Part II of Chapter 282, Florida Statutes, specifically relating to accessibility of information and technology for those with disabilities. SUNCOM Mobile Communication Services Business Case Page 141 611 15 Contract Provisions This business case does not address specifics of the contract provisions as set forth in section 287.0571(5), F.S., as they will be fully defined in the ITN. The ITN will take into consideration all other sections of the business case to aid in the development of the contract language as appropriate. SUNCOM Mobile Communication Services Business Case Page 142 612 Department of MANAGER SERVICES We serve those who serve Florida 4050 1Esplanade Way Tallahassee, FL 32399-0950 850-488-2786 Ron DeSantis, Governl Jonathan ITN No.: DMS -19/20-006 Attachment E — Definitions and Acronyms All personal pronouns used in the Contract, whether used in the masculine, feminine, or gender - neutral, shall include all other genders; the singular shall include the plural; and the plural shall include the singular. The following definitions and acronyms apply to the Contract in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60FF-1, Florida Administrative Code (F.A.C.). In the event of a conflict, the definitions provided in this document will prevail. Access When capitalized, this means review, inspect, transmit, approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any State Data, regardless of type, form, or nature of storage; Access to a computer system or network includes local and remote access. Business Monday, Tuesday, Wednesday, Thursday, and Friday, excluding weekends and Days State paid holidays as set forth in section 110.117, F.S. Contractor The Responsive and Responsible Respondent(s), awarded a Contract, if any, pursuant to this ITN. This definition supersedes the definition in section 287.012(7), F.S. CPNI Customer Proprietary Network Information. The definition of CPNI is the Title 47 U.S. Code § 222(h) (2019) definition. CRR Cost Recovery Rate. The Department's monthly cost recovery charge applied to Customer invoices. CSAB Communications Service Authorization and Billing system. https:Hportal.suncom.myflorida.com/start/#/Ig_qin Customers The entities that are provided services under this Contract, including State agencies, which are required to use the SUNCOM Network, and other entities authorized to use the SUNCOM Network in accordance with Chapter 282, F.S. End-user The individual that utilizes the device that consumes the resources defined by the monthly plan. The End -user's employer is the Customer. EUPL End User Price List HA/HR Highly -available and Highly -reliable. Systems, services, and implementations designed to eliminate planned downtime and prevent unplanned downtime; methods utilize specific hardware, software, and processes; typically implemented in mission critical services. IP Internet Protocol IPsec An Internet Engineering Task Force standard. Text from RFC 4301 - IPsec creates a boundary, between unprotected and protected interfaces, for a host or a network. Traffic traversing the boundary is subject to the access controls specified by the user or administrator responsible forthe IPsec configuration. ITN No.: DMS -19/20-006 Attachment E: Definitions and Acronyms Page 1 of 2 613 ITN No.: DMS -19/20-006 Attachment E — Definitions and Acronyms IPsec Tunnel Tunnels are a design technique utilized by telecommunications service providers to manage traffic. IPsec tunnels are used to create closed user groups to enforce segregation of traffic. IPsec tunnels are a specific type of tunnel which provides security services for IP packetsthrough encryption, authentication, and protection against replay. MFN MyFloridaNet OEU Other Eligible Users. The entities provided services under this Contract that are not State agencies and are not required to use the SUNCOM Network but are otherwise authorized to use the SUNCOM Network in accordance with Chapter 282, F.S. These include, but are not limited to, political subdivisions of the State, including counties, municipalities, school districts, and water management districts. Also included are, private nonprofit elementary and secondary schools conditioned upon certain requirements, universities, libraries of community colleges, and nonprofit corporations. Person When capitalized in Sections 9 and 13 of Attachment B, Draft Contract, this means the Contractor's employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other person operating under the Contractor's direction with Access to State Data or who enters either the premises or facilities where State Data is stored or accessible. Reply A formal response to this ITN. Respondent An entity that submits a Reply to this ITN. SLA Service Level Agreement SLA Clock Service Level Agreement Clock. The SLA clock refers to how a deliverable will be measured in terms of time for completion as stated in the particular SLA. SNMP Simple Network Management Protocol State The State of Florida State Data All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Contractor in its performance under this Contract. Subcontractor A third party performing work under the Contract at the direction of the Contractor, including affiliates, partners, teammates, and all other third -party vendors. VPN Virtual Private Network Concentrator. A device, or collection of devices, built to Concentrator manage secure connections within or between infrastructures. VRF Virtual Routing and Forwarding WDS Wireless Data Service WVS Wireless Voice Service ITN No.: DMS -19/20-006 Page 2 of 2 Attachment E: Definitions and Acronyms 614 Department of ' 'w"A MANAGEMENT SERVICES We serve those who serve Florida 4050 Esplanade Way Tallahassee, FL 32399-0950 850-488-2786 Ron DeSantis, Governor Jonathan R. Satter, Secretary Addendum No.1 to the following Invitation to Negotiate (ITN): Mobile Communication Services DMS -20/21-006 Date: November 9, 2020 To: Prospective Respondents to ITN No.: DMS -20/21-006 From: Caitlen Boles, Procurement Officer Subject: Timeline Update 1. ITN No: DMS -20/21-006, subsection 1.8, Timeline of Events, the table is hereby amended as follows: TIMELINE OF EVENTS Event Events Time Event Date (ET) ITN posted on the VBS. October 7, 2020 Deadline to submit questions to the Procurement Officer. 3:00 PM October28, 2020 anticipated posting of answers to Respondent's ni.,-,hor o 292GDepartment's November 16, questions on the VBS. 2020 Deadline to submit Reply and all required documents to the N1Qu(;P4b@F 2�, 242-92:00 PM Procurement Officer. November 30, 2020 Public Opening. Conference Room 101 4050 Esplanade Way Novombor 23, Tallahassee, Florida 32399-0950 3:00 PM November 30, Please join my meeting from your computer, tablet or 2020 smartphone. htt p s : //global . g otom eet i nci. co m f o i n/ 198062149 l l� M 1l 1 !1• FITOTOWTITOTTITINOW 615 TIMELINE OF EVENTS Event Events Time Event Date (ET) You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 Access Code: 198-062-149 Join from a video -conferencing room or system. Dial in ortype: 67.217.95.2 or inroomlink.goto.com Meeting ID: 198 062 149 Or dial directly: 198062149@67.217.95.2 or 67.217.95.2##198062149 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://- I�gotomeeting.comfinstall/198062149 Anticipated Evaluations Phase. 2020 December 4, 2020 to December 30, 2020 January 4, 2021 Anticipated Negotiations Phase. to April 12, 2021 Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way Please join my meeting from your computer, tablet or smartphone. https://alobal.aotomeetina.com/'oin/432429477 You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 10:00 AM April 19, 2021 Access Code: 432-429-477 Join from a video -conferencing room or system. Dial in ortype: 67.217.95.2 or inroomlink.goto.com Meeting ID: 432 429 477 Or dial directly: 432429477@67.217.95.2 or 67.217.95.2##43242 94 77 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://q to bal. g otomeeting . co mfinstall/432429477 ITN o.: 5-20/21-006 Addendum No. 1 Page 2 of 3 TIMELINE OF EVENTS Events Event Time (ET) Event Date Anticipated date to post Notice of Intent to Award on the VBS. April 26, 2021 Anticipated Contract Execution. May 2021 FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or U.S. mail at Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950. Protests may also be filed by fax to 850-922-6312, or by email to &n enc -pll irlk dmsJ11. ov. It is the filing party's responsibility to meet all filing deadlines. ITN o.: S-20/21-006 Addendum No. 1 Page 3 of 3 617 Q50 Esplanade Way u a 'mn ,re V7A Tallahassee, EL 323'9,9-0950 MAKAGEM SERVICES Ron De aintis, Governor We wave th nsm who sarm Flordh Jonathan R, Satter, Secretary Addendum No. 2 to the following Invitation to Negotiate (ITN): Mobile Communication Services DMS -19/20-006 Date: November 16, 2020 To: Prospective Respondents to ITN No: DMS -19/20-006 From: Caitlen Boles, Procurement Officer Subject: Respondent Questions and Department Answers ITN No: DMS -19/20-006, is hereby amended as follows (deletions are shown by strikethrough and additions are underlined): ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.3.1, the third sentence, is hereby amended as follows: For closed user groups, the Contractor must configure both 1) public IP addresses owned by the State and Other Eligible Users and 2) private IP addresses furnished by the State DIV4S and Other Eligible Users. 2. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.9, paragraph 2, is hereby amended as follows: The Contractor is responsible for on-going testing of the WDS's transport system (the interconnection between MCSand MFN)toensure proper performance. The. G^^+, -a.+- RstallatieR, of Fequiested by the , faiI9YGF, and The Contractor must demonstrate successful interconnection failover for each tunnel between the primary and secondary VPN concentrators as part of the Services Infrastructure Checklist signoff and as required by DMS. 3. ITN No: DMS -19/20-006, Attachment A: Statement of Work, section 3.12, paragraph 4, is hereby amended as follows: The Contractor must implement internal and external security procedures to guard its networks and applications against unauthorized access. The Contractor will provide DMS a generalized description eepy of the Contractor's associated security procedures upon request. ITN No.: MS -19/20-006 Addendum No. 2 Page 1 of 26 618 4. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.14.3, paragraph 3, is hereby amended as follows: The Contractor is required to participate in ESF-2 activities and respond to the needs of the State. The Contractor shall deliver the specified quantity (up to 100 of each type requested) of activated wireless (WVS and WDS) devices within twenty-four (24) hours of receiving the ESF-2 request. The devices will be delivered at Contract costs, with the only additional cost being reasonable expedited shipping. The Contractor shall use commercially reasonable efforts to deliver devices to any accessible (officially ordered safe to enter) location within the Contractor's service area as directed by ESF-2. 5. ITN No: DMS -19/20-006, Attachment A: Statement of Work, section 3.17.1.e, is hereby amended as follows: e. Nllam teRaRGe Notifications, SLA B7, B8, B9 (Subsections 3.19.4) 6. ITN No: DMS -19/20-006, Attachment A: Statement of Work, section 3.19.4, is hereby deleted in its entirety and replaced as follows: 4. Notifications. Electronic notifications are required during instances of significant service impact, including performance degradation, over a generalized area. Attachment C, SLA -137. Electronic notifications are required in advance of maintenance activities when the activity may cause a significant service impact, including performance degradation, over a generalized area. Notifications must include an impact statement, date, time, and estimated duration of the service impact. Attachment C, SLA -B8 and SLA -B9. 7. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.23.1, is hereby amended as follows: 1. Provide all reporting activities listed in SOW subsection 3.26.5, Project Management— Implementation Plan and Customer Specific Migration Plans 3.27.F�b) and 90 suib'seGti..�'6Z7VnV27). 8. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.26.3, is hereby amended as follows: The Contractor shall create the following two 2 guides. These guides are deliverables subject to final acceptance by DMS. The Contractor shall update the guides when necessary as determined by either DMS or the Contractor. Attachment C, SLA -D11. 1. WDS and WVS Operations Guides. The Contractor shall create and maintain one 1 WDS and WVS Operations Guides describing the operational relationship between the Contractor and DMS. The guides must establish procedures to be followed by the Contractor while delivering services. This includes engineering, operational, and business processes for service delivery. At a minimum, the guides must include ordering, troubleshooting, trouble reporting, service provisioning, SLA monitoring, and invoicing processes. ITN No.: S-19/20-006 Addendum No. 2 Page 2 of 26 619 2. WDS and WVS User Guides. The Contractor shall provide one 1 WDS and WVS User Guides that provide a set of instructions for the End-user. The User Guides must also contain device specifications, such as a recommendation of number of simultaneous users that each device can support. 9. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 4.5, is hereby amended as follows: DMS Demonstration Devices. Upon DMS request, in addition to any other test devices required by this SOW, the Contractor shall provide up to ten (10) wireless demonstration public safety devices e^U;t (including airtime) for use by the Department for the purposes of testing and evaluation at no additional cost. The demonstration equipment shall be made available for a minimum period of thirty 30 sixty (60) Business Days. Any demonstration equipment, forms, and processes shall be provided, managed, and maintained by the Contractor. Customer Demonstration Devices. The number of demonstration public safety devices the Contractor elects to provide to Customers is at the discretion of the Contractor. The Contractor will coordinate directly with any other Customer c+.,+o -,nor, ies regarding public safety service demonstration equipment, notifying the Department in advance of these activities. 10. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 5.8, Work Orders, is hereby amended to delete the following: AttaehmentG,SL 11. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 5.10, Invoicing Requirements, is hereby amended as follows: The Contractor will invoice DMS for all fulfilled orders based on a calendar month with invoices and electronic details submitted to DMS. Attachment C, SLA -F1. Invoices to DMS will consist of: 1) invoices for payment on an unchangeable format (e.g., paper) that reflect the total wholesale charges for the month (referred to herein as a, "handbill"), and 2) electronic detail files that substantiate all billable services. The total of substantiated detail charges must match the payment requests on each of the handbills. All credits due must be reflected on the invoice related to the first available billing cycle after the credit has been determined. Attachment C, SLA -F2. Both the handbill and electronic files for the CSAB portion must be received no later than the 10th calendar day of each month. 12. ITN No: DMS -19/20-006, Attachment A: Statement of Work, Section 5.12, Audit of Contractor Invoices, is hereby amended with the following text added: DMS will audit invoices to validate all charges against the current inventory of provided services and the prices associated with the CSAB Service Catalog. If the electronic substantiating detail provided by the Contractor contains some errors but: a) is complete (i.e., contains all of the required data elements); b) substantially corresponds with the CSAB inventory and CSAB Service Catalog; and c) matches the handbill, then DMS will send an audit exception report (13213-7) to the Contractor detailing any disputed charges. At this time, this is a manual process. At any time during the Contract term, this may become an ITN No.: S-19/20-006 Addendum No. 2 Page 3 of 26 620 electronic process, at DMS' sole discretion. DMS staff will request credits/debits for any audit exceptions on the current invoice and work with Contractor staff to reconcile charges and system data to resolve the exceptions within two (2) one (1) billing cycles from receipt of dispute. If Contractor has not resolved audit exceptions within two (2) one (1) billing cycles, the charges will be adjusted as determined by DMS. 13. ITN No: DMS -19/20-006, AttachmentA: Statement of Work, Section 6.6, Customers Liability is hereby amended with the following text added: No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. 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L a)U U cn 0 0 ON C :Q E 0� V C -0 M cu0) O `�m O O c O co 0 O C}U UO a) E UO N O :3a) N O mE_0 o c m-0 O U a) a) U U .c U m CD a) o f E c-� m 0 0 y a m o c> OL LO a) > m O d L `o a) C a) �' O O N Q L U m O� Q d 0 U Q O 0 U O LO c F 0 Q Q O U) N N M -0 E co a0 co 0) m z i Q iQ i Q i Q i Q U (D U) U ; U) U ; U) U ; U) U ; U) Cac): J U C J U C J U C J U C J U U E a) LL E c) a) LL E c m E a) C7 E c a) C7 (n _� U U U _� U U Z U - O U � - U U � U Q 0 N Q (n 2 Q 0 U) Q 0 U) (n 2 Q Q Q Q L 0 E ry� V Z IN N I* CO J IN M I* CD =y =y §f §f �\ CN(D\ / § 0 / § § 2 § 0 E 0 ce = . c= / f£ 7 c f£ 0 = = 0 g \ 2 q \ \ 2 q g- g-0 2 %/ 0 2 %/ z C) 2 z 2 2 / 3 Eo a ƒ \ = E a) 0 0 = o- \ m o- \ m- E $ z \\E a) z \/E 2 e m m s = m \� E m \� E k / $/} / / $/k ±0 E \ 7 E 0 E _% \ \f% _% \ $ / a)- ~ 7~ /Pt 0 ± 70 0 U) 0 = » o 0 $ o $ E¥ { $ \ / \ 7 \ E[[ ® \/J/W /[_ ® \ o = f / _ U) o /)b P/ ==o miner /E\ =a / / 2 2 0 (0 \ \ 2 \E$ a)a) \/$ e @ « 7 = = 2 3 = @ @ « j e = o k j r_ \ _ / \ 0 c w 70 o _- ce= =: = � 5==« c2m= m i9 \ > \§//�$ /\ m\m I$m CD ccm R m c o n z O ¢m L) Q \m § f± 7 ? 2 z y 2 z 0 E w(D E cc /E\/ $ 72E 72E f7E 3 & $ 2 = $ 3 ® $ 7 U) 7 ® & 7 ® & < < < /\ $ $ / J2 J IN M I* CD Department of ' 'w"A MANAGEMENT SERVICES We serve those who serve Florida 4050 Esplanade Way Tallahassee, FL 32399-0950 850-488-2786 Ron DeSantis, Governor Jonathan R. Satter, Secretary Addendum No. 3 to the following Invitation to Negotiate (ITN): Mobile Communication Services DMS -20/21-006 Date: March 29, 2021 To: Prospective Respondents to ITN No.: DMS -20/21-006 From: Caitlen Boles, Procurement Officer Subject: Timeline Update 1. ITN No: DMS -20/21-006, subsection 1.8, Timeline of Events, the table is hereby amended as follows: TIMELINE OF EVENTS Event Events Time Event Date (ET) ITN posted on the VBS. October 7, 2020 Deadline to submit questions to the Procurement Officer. 3:00 PM October 28, 2020 Department's anticipated posting of answers to Respondent's November 16, 2020 questions on the VBS. Deadline to submit Reply and all required documents to the Procurement Officer. 2:00 PM November 30, 2020 Public Opening. Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950 Please join my meeting from your computer, tablet or 3:00 PM November 30, 2020 smartphone. https://global.gotomeeting.com/'oin/l 98062149 You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 644 TIMELINE OF EVENTS Event Events Time Event Date (ET) United States: +1 (646) 749-3129 Access Code: 198-062-149 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 198 062 149 Or dial directly: 198062149@67.217.95.2 or 67.217.95.2##1 98062149 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/198062149 December 4, 2020 Anticipated Evaluations Phase. to December 30, 2020 January 4, 2021 to Anticipated Negotiations Phase. Affil 12, 2024 April 29, 2021 Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way Please join my meeting from your computer, tablet or smartphone. h1t2s;'!! Iloball„gotomeetir�rmnljollY'o/17031035 You can also dial in using your phone. United States (Toll Free):.1...._ FF.._ 99.._4679 United States: ;W 1 .... 10:00 April 19, 2n2, AM May 3, 2021 Access Code: 170-310-357 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 170 310 357 Or dial directly: 170310357@67.217.95.2 or 67.217.95.2##1 70310357 New to GoToMeeting? Get the app now and be ready when your first meeting starts: Ihtf s.// Iloball„ otomeetiin „comhnstallll/170310357 Anticipated date to post Notice of Intent to Award on the VBS. Appil 26, 2021 May 10, 2021 ITN o.: -20/21-006 Addendum No.3 Page 2 of 3 645 TIMELINE OF EVENTS Event Events Time Event Date (ET) Anticipated Contract Execution. May 2021 FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or U.S. mail at Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950. Protests may also be filed by fax to 850-922-6312, or by email to a eirnc clleirl� dims„fll„ ov. It is the filing party's responsibility to meet all filing deadlines. ITN o.: -20/21-006 Addendum No.3 Page 3 of 3 DEQ Department of ' 'w"A MANAGEMENT SERVICES We serve those who serve Florida 4050 Esplanade Way Tallahassee, FL 32399-0950 850-488-2786 Addendum No. 4 to the following Invitation to Negotiate (ITN): Mobile Communication Services DMS -19/20-006 Date: April 27, 2021 To: Prospective Respondents to ITN No.: DMS -19/20-006 From: Caitlen Boles, Procurement Officer Subject: Timeline Update 1. ITN No: DMS -19/20-006, subsection 1.8, Timeline of Events, the table is hereby amended as follows: TIMELINE OF EVENTS Event Events Time Event Date (ET) ITN posted on the VBS. October 7, 2020 Deadline to submit questions to the Procurement Officer. 3:00 PM October 28, 2020 Department's anticipated posting of answers to Respondent's November 16, 2020 questions on the VBS. Deadline to submit Reply and all required documents to the Procurement Officer. 2:00 PM November 30, 2020 Public Opening. Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950 Please join my meeting from your computer, tablet or 3:00 PM November 30, 2020 smartphone. https://global.gotomeeting.com/'oin/l 98062149 You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 3TITI-rO.11 ► 4� 647 TIMELINE OF EVENTS Event Events Time Event Date (ET) United States: +1 (646) 749-3129 Access Code: 198-062-149 Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 198 062 149 Or dial directly: 198062149@67.217.95.2 or 67.217.95.2##1 98062149 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/198062149 December 4, 2020 Anticipated Evaluations Phase. to December 30, 2020 January 4, 2021 to Anticipated Negotiations Phase. Affil 29 2024 May 26, 2021 Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way Please join my meeting from your computer, tablet or smartphone. h1t2s;'!! Iloball„gotomeetir�rmnljollY'o/17031035 You can also dial in using your phone. United States (Toll Free):.1...._ FF.._ 99.._4679 United States: ;.W_1 (C_1._) 31 3116 10:00 nn”21 AM May 27, 2021 Access Code: 170-310-357 Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 170 310 357 Or dial directly: 170310357@67.217.95.2 or 67.217.95.2##1 70310357 New to GoToMeeting? Get the app now and be ready when your first meeting starts: Ihtf s.// Iloball„ otomeetiin „comhnstallll/170310357 Anticipated date to post Notice of Intent to Award on the VBS. nn-," 10 �n�� 21 June 1, 2021 ITN o.: -19/20-006 Addendum No.4 Page 2 of 3 648 TIMELINE OF EVENTS Event Events Time Event Date (ET) Anticipated Contract Execution. May 2021 June 2021 FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or U.S. mail at Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950. Protests may also be filed by fax to 850-922-6312, or by email toenc cllerlkdms„fn„ ov. It is the filing party's responsibility to meet all filing deadlines. ITN o.: -19/20-006 Addendum No.4 Page 3 of 3 649 lat&t Mobile Communication Services (MCS -2) SUNCOM Contract No.: DMS -19/20-006A End User Price List (EUPL) DETAILED PRODUCT DESCRIPTION VOICE (PER MINUTE) RATE PLAN SOC CODE CONTRACT PRICE 4.00 Nationwide Rate with 500 Mobile -to (Flat Rate) Per Minute Voice Plan ODNN00360 Mobile minutes and 500 Nights & Weekend minutes with 4.00 Overage Example: (Flat Rate) Per Minute Voice Plan (4.00 Nationwide Rate with 500 Mobile -to -Mobile minutes and 500 Nights & Weekend minutes with $0.04 Overage) plus MSG3 (Unlimited Messages (SMS/MMS)) for $5.15 = $5.15/month plus any per minute voice charges. Government Nation Flat Rate Voice Plan AT&T Government Nation Flat Rate lets you pay by the minute with a flat per -minute rate on calls made or received anywhere on the AT&T network, and you can take advantage of our national network with no roaming charges. Available only to Government customers with a qualified wireless Government agreement from AT&T ("Government Agreement") and their respective Corporate Responsibility Users ("CRUs"). Flat Rate Plans are only available to customers' CRUs whose principal residence or principal Government office is within an eligible AT&T Wireless network area that has been fully integrated and has the system capacity to support Flat Rate Plans. Minute Increment Billing and Usage Airtime and other measured usage are billed in full -minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. AT&T charges a full -minute increment of usage for every fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Unanswered outgoing calls of 30 seconds or longer will incur airtime. Mobile to Mobile Minutes If applicable to your plan, Mobile to Mobile Minutes may be used when directly dialing or receiving calls from any other AT&T wireless phone number from within your calling area. Mobile to Mobile Minutes may not be used for interconnection to other networks. Calls to AT&T voicemail and return calls from voicemail are not included. Nights and Weekends Nights are 9:00 p.m. to 6:00 a.m. Weekends are 9:00 p.m. Friday to 6:00 a.m. Monday (based on time of day at the cell site or switch providing your Service). Included long distance calls can be made from the 50 United States, Puerto Rico and U.S. Virgin Islands to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam and Northern Mariana Islands. Roaming charges do not apply when roaming within the Services area of land-based networks of the 50 United States, Puerto Rico and U.S. Virgin Islands. Additional charges apply to Services used outside the land borders of the U.S., Puerto Rico and U.S. Virgin Islands. Page 1 of 66 650 Page 2 of 66 651 VOICE POOLED MINUTE PLANS SOC CODE CONTRACT PRICE $18.54, 25C/min over 100; unlimited Mobile -to -Mobile 100 Min Pooled Voice Plan (Nationwide) GOVP100 minutes, and 5000 Nights & Weekend minutes $20.60, 25C/min over 200; unlimited Mobile -to -Mobile 200 Min Pooled Voice Plan (Nationwide) GOVP200 minutes, and 5000 Nights & Weekend minutes $23.69, 25C/min over 300; unlimited Mobile -to -Mobile 300 Min Pooled Voice Plan (Nationwide) GOVP300U minutes, and unlimited Nights & Weekend minutes $24.99, 25C/min over 400; unlimited Mobile -to -Mobile 400 Min Pooled Voice Plan (Nationwide) GOVP400U minutes, and unlimited Nights & Weekend minutes $31.93, 25C/min over 500; unlimited Mobile -to -Mobile 500 Min Pooled Voice Plan (Nationwide) GOVP500 minutes, and unlimited Nights & Weekend minutes $32.99, 25C/min over 600; unlimited Mobile -to -Mobile 600 Min Pooled Voice Plan (Nationwide) GOVP600 minutes, and unlimited Nights & Weekend minutes $33.99, 25C/min over 700; unlimited Mobile -to -Mobile 700 Min Pooled Voice Plan (Nationwide) GOVP700 minutes, and unlimited Nights & Weekend minutes $39.14, 25C/min over 800; unlimited Mobile -to -Mobile 800 Min Pooled Voice Plan (Nationwide) GOVP800 minutes, and unlimited Nights & Weekend minutes $41.20, 25C/min over 900; unlimited Mobile -to -Mobile 900 Min Pooled Voice Plan (Nationwide) GOVP900 minutes, and unlimited Nights & Weekend minutes $45.32, 25C/min over 1000; unlimited Mobile -to -Mobile 1000 Min Pooled Voice Plan (Nationwide) GOVP1000 minutes, and unlimited Nights & Weekend minutes $131.84, 25C/min over 6000; unlimited Mobile -to -Mobile 6000 Min Pooled Voice Plan (Nationwide) GOVP6000 minutes, and unlimited Nights & Weekend minutes Government Voice Pooled Nation Plan Customer's Corporate Responsibility User's (CRU's) may activate service on the Government Voice Pooled Nation Plans described above ("Pooled Plans"). Government CRU's on a Pooled Plan aggregate, or "pool", their Anytime Minutes in a single account (a "Pool"). Every billing cycle, each CRU first uses his or her Anytime Minutes. If a CRU does not use all his or her Anytime Minutes, it creates an underage in the amount of unused Anytime Minutes ("Under Minutes"). If a Page 2 of 66 651 CRU uses more than his or her Anytime Minutes, it creates an overage with respect to Anytime Minutes ("Over Minutes"). The Pool's Under Minutes and Over Minutes are then aggregated respectively and compared. If the aggregate Under Minutes exceeds the aggregate Over Minutes, then no CRU in the Pool pays Additional Minute charges. If the aggregate Over Minutes exceeds the aggregate Under Minutes, then the ratio of Under Minutes to Over Minutes is applied to the Anytime Minutes of each CRU in the Pool with Overage Minutes, resulting in a monetary credit against the corresponding Additional Minute charges. For example, if a Pool has 900 Under Minutes and 1000 Over Minutes (90%), then each CRU with Over Minutes will receive a credit equal to 90% of his or her Additional Minute charges. CRUS changing price points or migrating to Pooled Plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Pool; however, an individual CRU can only be in one Pool at a time. AT&T reserves the right to limit the number of CRUs in a Pool due to Government needs and system limitations. CRUs on Pooled Plans and end users on prior versions of AT&T's wireless pooled plans, including but not limited to Government National Pooled Plans and Government Local Pooled Plans, cannot be in the same Pool. End users on non -pooling wireless plans from AT&T may be included in the same account as CRUs on the Pooled Plans; however, these non -pooling end users will not receive the pooling benefits or contribute Anytime Minutes to the Pool. Mobile -to -Mobile Minutes, Night & Weekend Minutes and/or any other promotional minutes are not included in a Pool. Nights and Weekend Minutes and Mobile to Mobile Minutes cannot be pooled. When your entire pool of minutes has been retired, additional minutes inside the AT&T Government Pooled Nation plan National Service Area is $0.25 each. Call -forwarded minutes are charged at the additional airtime per -minute rate of the rate plan. Consolidated invoicing required. UNLIMITED VOICE PLAN I SOC CODE I CONTRACT PRICE Unlimited Voice Plan (Nationwide) I BN7NMOA60 1 $49.99 Unlimited Voice Services Unlimited voice Services are provided primarily for live dialog between two individuals. If your use of unlimited voice Services for conference calling or call forwarding exceeds 750 minutes per month, AT&T may, at its option, terminate your Service or change your plan to one with no unlimited usage components. Unlimited voice Services may not be used for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which don't consist of uninterrupted live dialog between two individuals. If AT&T finds that you're using an unlimited voice Service offering for other than live dialog between two individuals, AT&T may, at its option terminate your Service or change your plan to one with no unlimited usage components. AT&T will provide notice that it intends to take any of the above actions, and you may terminate the CRU's service. Page 3 of 66 652 PER MEGABYTE; DATA PLAN I SOC CODE CONTRACT PRICE Per MB; Data MPPU Allowed on feature phone only ($0.00 MRC, $2.00/MB overage) Pay Per Use Data Plan Provides Pay -Per -Use (PPU) data. PPU plan is auto -attached to all activations. Mobile Web Data Packages are Bolt -On features for handset browsing and CANNOT be used on BlackBerry, iPhone, LaptopConnect, or Smartphone devices Note: Data Pay Per Use is available. However, customers should be discouraged from using PPU with these equipment types due to potential high usage charges. These plans should NOT be used for Tethering customers. Customers may be removed from these plans if improper usage is determined. These plans do NOT include International Roaming! Connect to the mobile web, email, search applications and more. Customer must have a voice plan provisioned. Feature(s) must be added on a per line basis. Page 4 of 66 653 Page 5 of 66 654 SMARTPHONE HOTSPOT/TETHERING DATA SOC CODES CONTRACT PRICE PLANS 5GB Hotspot/Tethering Pooled Data Plan (Does Not Include Messaging) MSG3 (Unlimited BDPP50, BDPSML50, BDPBB50E, $32.96, $0.015 per MB over 5GB (Pooled) Messaging) may be added BDPBL50E, BDPIP50E, BDPIPS50E depending on the voice plan selected Example: GOVP3000 ($23.69, 25C/min over 300; unlimited Mobile -to -Mobile minutes, and unlimited Mobile -to - Mobile minutes) plus BDPIP50E ($32.96, $0.015 per MB over 5GB (Pooled)) = $56.65/month. If you need unlimited messaging, you add the MSG3 (Unlimited Messages (SMS/MMS)) for $0.00 = $56.65/month. Government Data Pooled Nation Plan Make managing your mobile workforce easier than ever. Pooled wireless data access is a simple and economical way to share data among Corporate Responsibility Users (CRUS). Workers use the data they need. Light users and heavy users can help balance each other out. It's a smart way to help control costs. Within a single Billing Account Number ("BAN"), CRUS activated on separate Government Pooled Nation for Data Plans are combined to create a "Data Pool." Every billing cycle, each CRU first uses his or her plans included domestic data usage ("Included Usage"). If a CRU does not use all his or her Included Usage, it creates an underage in the amount of the unused KB of data usage ("Under Usage"). If a CRU uses more than his or her Included Usage, it creates an overage in the amount of the excess KB of data usage ("Over Usage"). The Data Pools Under Usage amounts for each CRU and Over Usage amounts for each CRU are then aggregated respectively and the totals are compared. If the aggregate Under Usage amount exceeds the aggregate Over Usage amount, then the difference is allocated among each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice equal to the amount of each such CRU's additional data usage charges. Any excess Under Usage will be forfeited. If the aggregate Over Usage amount exceeds the aggregate Under Usage amount, then the ratio of Under Usage to Over Usage is applied equally to the data usage of each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice against each such CRU's corresponding additional data usage charges to partially offset such charges. For example, if a Data Pool has 900 Under Usage KB and 1000 Over Usage KB (which means a ratio of 90%), then each CRU with Over Usage will receive a bill credit equal to 90% of his or her additional data usage charges. CRUs changing price points or migrating Government Pooled Nation for Data plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Data Pool within a Foundation Account Number; however, CRUS in one Data Pool cannot take advantage of another Data Pools Under Usage, and each CRU can only participate in one Data Pool at a time. AT&T reserves the right Page 5 of 66 654 to limit the number of CRUS in a Data Pool due to Government needs and system limitations. CRUs on non -pooling AT&T plans may be included in the same BAN as CRUs on Government Pooled Nation for Data Plans; however, these non -pooling CRUs will not receive the pooling benefits or contribute Included Usage to other CRUs in a Data Pool. Additional terms and conditions apply — for details, see your company's Government Agreement, including without limitation, the "Enterprise Customers: Additional Service and Equipment Related Terms" found at www.att.com/abs- addtl-terms. Wi-Fi: Wi-Fi enabled device required. Wi-Fi access includes AT&T Wi-Fi Basic. Other restrictions apply. See attwifi.com for details and locations. International roaming not included. AT&T Data Plans with Tethering Tethering is a wireless or wired method in which your AT&T mobile device is used as a modem or router to provide a Internet Access connection to other devices, such as laptops, netbooks, tablets, Smartphones, other phones, USB modems, network routers, mobile hotspots, media players, gaming consoles, and other data -capable devices. AT&T data plans with tethering enabled may be used for tethering your AT&T Mobile device to other devices. If you are on a data plan that does not include a monthly megabyte allowance and additional data usage rates, you agree that AT&T has the right to impose additional charges if you use more than 5 GB in a month; prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your Service (early termination charges may apply). Page 6 of 66 655 Page 7 of 66 656 UNLIMITED SMARTPHONE DATA SOC CODES CONTRACT PRICE PLANS Unlimited Data Plan (Includes RLTEEMBI, RLTEEMB2, RHSEMBI, RHSEMB2, Unlimited Messaging) RGOVEJB5, RLTEMBIVG, RLTEMBIG, RLTBEMBIV, $23.69 RLTBEMBIG RLTESMTE2, RLTETBW7, RGOVEJNI, LTETBW7V, Unlimited Data Plan (Does Not LTETBW7, RLTTBW7VG, RLTTBW7G, LTBTBW7, $23.69 Include Unlimited Messaging) RLTBTBW7G, LTBTBW7V, RLTETBW7, LTBTBW7SV, LTBTBWS7 Example: GOVP3000 ($23.69, 25C/min over 300; unlimited Mobile -to -Mobile minutes, and unlimited Mobile -to - Mobile minutes) plus RLTEEMBI ($23.69, Unlimited Data Plan with Unlimited Messaging) = $47.38/month. Intended Uses Of AT&T's Wireless Data Service AT&T's wireless data network is a shared resource, which AT&T manages for the benefit of all of its customers so that they can enjoy a consistent, high-quality mobile broadband experience and a broad range of mobile Internet services, applications and content. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of AT&T's wireless data service are permitted and others are prohibited. The terms and conditions of your use of AT&T's wireless data service are set forth below Permitted Activities. AT&T's wireless data services are intended to be used for the following permitted activities: (i) web browsing; (ii) email; and (iii) intranet access if permitted by your rate plan (for example, access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation); (d) uploading and downloading applications and content to and from the Internet or third -party application stores, and I using applications and content without excessively contributing to network congestion. You agree to use AT&T's wireless data services only for these permitted activities Prohibited Activities: AT&T's wireless data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers' access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, I adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, Page 7 of 66 656 media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose, or (j) there is a specific data plan required for a particular use and you have not subscribed to that plan. The following specific uses of AT&T's wireless data service are prohibited • AT&T's wireless data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of AT&T's wireless network or systems, or another entity's network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use either AT&T's wireless services or other parties' Internet-based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk e-mail). • AT&T's wireless data services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained and continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "autoresponders," "cancel-bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions, unless they adhere to AT&T data retry requirements (as may be modified from time to time). • AT&T's wireless data services also may not be used with high bandwidth applications, services and content that is not optimized to work with AT&T's wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices, unless they meet AT&T's wireless data services optimization requirements. You agree not to use AT&T's wireless data services for any of these prohibited activities. AT&T's Rights to Ensure Compliance. You agree that AT&T has the right to take any and all actions necessary to enforce this Section 4.2 if you use AT&T's wireless data services in any manner that is prohibited, including, but not limited to, the following actions: • AT&T may modify, without advance notice, the permitted and prohibited activities, and the optimization requirements for your wireless data services; • AT&T may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; • AT&T may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any billing cycle. AT&T will provide you with advance notice of the usage threshold applicable to your data plan, or any changes to the applicable usage threshold either by a bill insert, email, text message or other appropriate means; • AT&T may use reasonable methods to monitor and collect customer usage information to better optimize the operation of the network. Details concerning the information that AT&T collects about its customers, and how it uses and protects that information are addressed in the AT&T Privacy Policy (see att.com/privacy); Page 8 of 66 657 • If you are an AT&T unlimited data plan customer, AT&T may migrate you from the unlimited data plan to a tiered data plan and bill you the appropriate monthly fees. We will provide you with notice of this change at least one billing cycle in advance either by a bill insert, email, text message, or other appropriate means; • AT&T may interrupt, suspend, cancel, or terminate your wireless data services without advance notice. Unlimited Data Customers If you are a grandfathered AT&T unlimited plan data service customer, you agree that "unlimited" means you pay a fixed monthly charge for wireless data service regardless of how much data you use. You further agree that "unlimited" does not mean that you can use AT&T's wireless data service in any way that you choose or for any prohibited activities, and that if you use your unlimited data plan in any manner that is prohibited, AT&T can limit, restrict, suspend or terminate your data service or switch you to a tiered data plan. ALL INCLUSIVE PLANS CONTRACT UNLIMITED VOICE PLAN BUNDLES SOC CODE COMBINATION PRICE BN7NMOA60 PLUS ONE OF THE FOLLOWING: RLTESMTE2, RLTETBW7, RGOVEJNI, LTETBW7V, Unlimited Voice and Unlimited Data LTETBW7, RLTTBW7VG, RLTTBW7G, LTBTBW7, $49.99 RLTBTBW7G, LTBTBW7V, RLTETBW7, LTBTBW7SV, LTBTBWS7 BN7NMOA60 PLUS ONE OF THE FOLLOWING: Unlimited Voice, Unlimited Data, and Unlimited RLTEEMBI, RLTEEMB2, RHSEMBI, RHSEMB2, $49.99 Messaging RGOVEJBS, RLTEMBIVG, RLTEMBIG, RLTBEMBIV, RLTBEMBIG Unlimited Voice and SGB Pooled BN7NMOA60 PLUS ONE OF THE FOLLOWING: Hotspot/Tethering Data BDPP50, BDPSML50, BDP6650E, BDPBL50E, $49.99 BDPIP50E, BDPIPS50E Unlimited Voice, 5GB Pooled Hotspot/Tethering BN7NMOA60 PLUS ONE OF THE FOLLOWING: BDPP50, BDPSML50, BDPBB50E, BDPBL50E, $49.99 Data, and Unlimited Messaging BDPIP50E, BDPIPS50E PLUS MSG3 BN7NMOA60 PLUS ONE OF THE FOLLOWING: Unlimited Voice and Unlimited Hotspot/Tethering GSA3IUNAT, GSA3IUNVT, GSALBUNVT, GSALBUNTE, $59.99 Data GSABBUNVT, GSABBUNTE, GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV BN7NMOA60 PLUS ONE OF THE FOLLOWING: Unlimited Voice, Unlimited Hotspot/Tethering GSA3IUNAT, GSA3IUNVT, GSALBUNVT, GSALBUNTE, Data, and Unlimited Messaging GSABBUNVT, GSABBUNTE, GSA4IUNAT, GSA4IUNVT, $59.99 GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 Page 9 of 66 658 ALL INCLUSIVE PLANS CONTINUED VOICE POOLED MINUTE PLAN UNLIMITED SOC CODE COMBINATION CONTRACT HOTSPOT/TETHERING BUNDLES PRICE 100 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP100 PLUS ONE OF THE FOLLOWING:GSA3IUNAT, 100; Unlimited Mobile -to -Mobile minutes, and 5000 GSA3IUNVT, GSALBUNVT, Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $52.23 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 100 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP100 PLUS ONE OF THE FOLLOWING: 100; Unlimited Mobile -to -Mobile minutes, and 5000 GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $52.23 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 200 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP200 PLUS ONE OF THE FOLLOWING: 200; Unlimited Mobile -to -Mobile minutes, and 5000 GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $54.29 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 200 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP200 PLUS ONE OF THE FOLLOWING: 200; Unlimited Mobile -to -Mobile minutes, and 5000 GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $54.29 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 300 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP3000 PLUS ONE OF THE FOLLOWING: 300; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $57.38 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 300 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP3000 PLUS ONE OF THE FOLLOWING: 300; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $57.38 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 400 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP4000 PLUS ONE OF THE FOLLOWING: 400; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $58.68 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 400 Min Pooled Voice Plan (Nationwide) 25C/min over 400; Unlimited Mobile -to -Mobile minutes, and GOVP4000 PLUS ONE OF THE FOLLOWING: Unlimited Nights & Weekend minutes, Unlimited GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Hotspot/Tethering Data, and Unlimited Messaging GSALBUNTE, GSABBUNVT, GSABBUNTE, $58.68 Page 10 of 66 659 Page 11 of 66 660 G5A4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 500 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP500 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 500; Unlimited Mobile-to-Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $65.62 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 500 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP500 PLUS ONE OF THE FOLLOWING: 500; Unlimited Mobile-to-Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $65.62 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 600 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP600 PLUS ONE OF THE FOLLOWING: 600; Unlimited Mobile-to-Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $66.68 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 600 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP600 PLUS ONE OF THE FOLLOWING: 600; Unlimited Mobile-to-Mobile minutes, and 5 GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $66.68 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 700 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP700 PLUS ONE OF THE FOLLOWING: 700; Unlimited Mobile-to-Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $67.68 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 700 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP700 PLUS ONE OF THE FOLLOWING: 700; Unlimited Mobile-to-Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $67.68 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 800 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP800 PLUS ONE OF THE FOLLOWING: 800; Unlimited Mobile-to-Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $72.83 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 800 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP800 PLUS ONE OF THE FOLLOWING: 800; Unlimited Mobile-to-Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $72.83 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 Page 11 of 66 660 900 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP900 PLUS ONE OF THE FOLLOWING:GSA3IUNAT, 900; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $74.89 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 900 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP900 PLUS ONE OF THE FOLLOWING:GSA3IUNAT, 900; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $74.89 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 1000 Min Pooled Voice Plan (Nationwide) 25C/min GOVP1000 PLUS ONE OF THE FOLLOWING: over 1000; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $79.01 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 1000 Min Pooled Voice Plan (Nationwide) 25C/min GOVP1000 PLUS ONE OF THE FOLLOWING: over 1000; Unlimited Mobile -to -Mobile minutes, and GSA3IUNAT, GSA3IUNVT, GSALBUNVT, Unlimited Nights & Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $79.01 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 Example: GOVP3000 (25C/min over 300; unlimited Mobile -to -Mobile minutes, and unlimited Mobile -to -Mobile minutes) plus GSA3IUNAT (Unlimited Hotspot/Tethering Data) plus RGOVMSG3 (Unlimited Messages (SMS/MMS)) _ $57.38/month. Page 12 of 66 661 *STANDALONE SMARTPHONE UNLIMITED CONTRACT HOTSPOT/TETHERING DATA PLAN WITH SOC CODE PRICE NATIONWIDE FLAT RATE VOICE PLAN BUNDLE Unlimited Hotspot/Tethering Data Plan for $35.99/month when bundled with our Nationwide Flat Rate Voice Plan at $0.05/minute with Unlimited Mobile to Mobile and Unlimited Nights and Weekends Note: Unlimited Messaging (SMS/MMS) code RGOVMSG3 may be added for no additional charge ODNN0007 PLUS ONE OF THE FOLLOWING: GSA3IUNAT, GSA3IUNVT, GSALBUNVT, GSALBUNTE, GSABBUNVT, GSABBUNTE, $35.99 and S.00/Minute GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV Government Nation Flat Rate Voice Plan AT&T Government Nation Flat Rate lets you pay by the minute with a flat per -minute rate on calls made or received anywhere on the AT&T network. And, you can take advantage of our national network with no roaming charges. Available only to Government customers with a qualified wireless Government agreement from AT&T ("Government Agreement") and their respective Corporate Responsibility Users ("CRUs"). Flat Rate Plans are only available to customers' CRUs whose principal residence or principal Government office is within an eligible AT&T Wireless network area that has been fully integrated and has the system capacity to support Flat Rate Plans. Minute Increment Billing and Usage Airtime and other measured usage are billed in full -minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. AT&T charges a full -minute increment of usage for every fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Unanswered outgoing calls of 30 seconds or longer will incur airtime. Mobile To Mobile Minutes If applicable to your plan, Mobile to Mobile Minutes may be used when directly dialing or receiving calls from any other AT&T wireless phone number from within your calling area. Mobile to Mobile Minutes may not be used for interconnection to other networks. Calls to AT&T voicemail and return calls from voicemail are not included. Nights and Weekends Nights are 9:00 p.m. to 6:00 a.m. Weekends are 9:00 p.m. Friday to 6:00 a.m. Monday (based on time of day at the cell site or switch providing your Service). Included long distance calls can be made from the 50 United States, Puerto Rico and U.S. Virgin Islands to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam and Northern Mariana Islands. Roaming charges do not apply when roaming within the Services area of land-based networks of the 50 United States, Puerto Rico and U.S. Virgin Islands. Additional charges apply to Services used outside the land borders of the U.S., Puerto Rico and U.S. Virgin Islands. AT&T Data Plans with Tethering Tethering is a wireless or wired method in which your AT&T mobile device is used as a modem or router to provide a Internet Access connection to other devices, such as laptops, netbooks, tablets, Smartphones, other phones, USB modems, network routers, mobile hotspots, media players, gaming consoles, and other data -capable devices. AT&T data plans with tethering enabled may be used for tethering your AT&T Mobile device to other devices. If you are on a data plan that does not include a monthly megabyte allowance and additional data usage rates, you agree that AT&T has the right to impose additional charges if you use more than 5 GB in a month; prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your Service (early termination charges may apply). Page 13 of 66 662 Page 14 of 66 663 TABLETS, MI-FI, NETBOOKS, SOC CODES CONTRACT PRICE AIRCARDS DATA PLANS 5GB Cross Device Pooling: Tablets, BDPDC50, BDPDCL50, BDPPAD50, $33.99, $0.015 per MB over 5GB (Pooled) Mi-Fi, Netbooks, and Aircards BDPPDL50 Government Data Pooled Nation Plan Make managing your mobile workforce easier than ever. Pooled wireless data access is a simple and economical way to share data among Corporate Responsibility Users (CRUs). Workers use the data they need. Light users and heavy users can help balance each other out. It's a smart way to help control costs. Within a single Billing Account Number ("BAN"), CRUs activated on separate Government Pooled Nation for Data Plans are combined to create a "Data Pool." Every billing cycle, each CRU first uses his or her plans included domestic data usage ("Included Usage"). If a CRU does not use all his or her Included Usage, it creates an underage in the amount of the unused KB of data usage ("Under Usage"). If a CRU uses more than his or her Included Usage, it creates an overage in the amount of the excess KB of data usage ("Over Usage"). The Data Pools Under Usage amounts for each CRU and Over Usage amounts for each CRU are then aggregated respectively and the totals are compared. If the aggregate Under Usage amount exceeds the aggregate Over Usage amount, then the difference is allocated among each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice equal to the amount of each such CRU's additional data usage charges. Any excess Under Usage will be forfeited. If the aggregate Over Usage amount exceeds the aggregate Under Usage amount, then the ratio of Under Usage to Over Usage is applied equally to the data usage of each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice against each such CRU's corresponding additional data usage charges to partially offset such charges. For example, if a Data Pool has 900 Under Usage KB and 1000 Over Usage KB (which means a ratio of 90%), then each CRU with Over Usage will receive a bill credit equal to 90% of his or her additional data usage charges. CRUs changing price points or migrating Government Pooled Nation for Data plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Data Pool within a Foundation Account Number; however, CRUs in one Data Pool cannot take advantage of another Data Pools Under Usage, and each CRU can only participate in one Data Pool at a time. AT&T reserves the right to limit the number of CRUs in a Data Pool due to Government needs and system limitations. CRUs on non-pooling AT&T plans may be included in the same BAN as CRUs on Government Pooled Nation for Data Plans; however, these non-pooling CRUs will not receive the pooling benefits or contribute Included Usage to other CRUs in a Data Pool. Additional terms and conditions apply — for details, see your company's Government Agreement, including without limitation, the "Enterprise Customers: Additional Service and Equipment Related Terms' found at www.att.com/abs-addtl-terms. Wi-Fi: Wi-Fi enabled device required. Wi-Fi access includes AT&T Wi-Fi Basic. Other restrictions apply. See attwifi.com for details and locations. International roaming not included. Page 14 of 66 663 UNLIMITED DATA CONNECT PLAN I SOC CODES I CONTRACT PRICE LTEDDUG, DDUG, PADUNGOV, Unlimited Data Connect LTEPDUNGV, LTETBUNGV, $34.99 TABUNGOV Data Connect and Laptop Connect plans These plans provide for unlimited data usage for 3G and 4G/LTE capable Netbooks, Notebooks, Laptops, and USB devices. Plan provides unlimited domestic data. Voice calling is Pay -Per -Use (PPU). In -Network and Out -of -Network rates apply. Page 15 of 66 664 UNLIMITED DATA CONNECT PLAN SOC CODES CONTRACT PRICE (Continued) Unlimited LTE Hotspot/Tethering GOVPADUN $34.99 Data Plan for the Apple iPad Data Connect and Laptop Connect plans This plan provides for unlimited data usage for LTE capable Apple Wad devices. Plan provides unlimited domestic data and unlimited mobile hotspot. Voice calling is Pay -Per -Use (PPU). In -Network and Out -of -Network rates apply. Page 16 of 66 665 TELEMETRY DATA PLANS SOC CODES CONTRACT PRICE 1 MB Pooled Plan PTCJ, PCTJ $4.00 2 MB Pooled Plan PCTK, PTCK $4.50 3 MB Pooled Plan PTCL, PCTL $5.00 4 MB Pooled Plan PTCM, PCTM $5.50 5 MB Pooled Plan PTCN, PCTN $6.00 10 MB Pooled Plan PTCI, PCTI $8.50 20 MB Telemetry WWCS, WWC6 $10.00 50 MB Business Connect Plans CCPSB14L $12.00 250 MB LTE Business Connect CCS Pooled Standalone CCPSAIIL $14.99 1000 MB LTE Business Connect CCS Pooled Stand Alone CCPSAI2L $24.99 5000 MB LTE Business Connect CCS Pooled Stand Alone CCPSA13L $33.99 Page 17 of 66 666 (Telemetry Data) Government Connect Plans Are intended for use with machine -to -machine and/or Wireless Wide Area Network (WWAN) applications and not for support of individual remote or mobile workers using a laptop or PDA. For plans designed for laptop and PDA customers, see DataConnect rate plan brochure. AT&T also imposes the following charges: a Regulatory Cost Recovery Fee of up to $1.25 to help defray its costs incurred in complying with obligations and charges imposed by State and Federal telecom regulation, a gross receipts surcharge, and State and Federal Universal Service charges. The Regulatory Cost Recovery Fee is not a tax or a government -required charge. ELIGIBILITY: Valid eligible Government or government agreement for wireless service required. Government Connect plans are restricted to corporate responsibility end users ("Corporate Responsibility Users" or "CRUs"). Individual responsibility end users (a.k.a. "Sponsorship Employees") may not activate lines under Government Connect plans. Government customer and CRU service address(es) must be within an AT&T -owned wireless network coverage area. Fixed wireless deployments must be installed within an AT&T -owned wireless network coverage area. Ask your AT&T account representative for address verification. Government Connect plans only work with select equipment, features, billing services and service offerings. VOICE CALLING: Voice calling is restricted on the 1MB, SMB, and 10MB plans. For primary and back0up plans with a voice -capable device, voice calls are $0.40 per minute on AT&T's wireless network and $0.69 per minute for domestic roaming voice calls off AT&T's wireless network. See AT&T Nation® Rate Plan map for voice coverage area. If desired, subscribers may request voice blocking on any rate plan at no additional cost. MESSAGING: The default rate is $0.20/message for Text/Instant Messages and $0.30/message for Picture/Video Messages. Charges for international messages from the U.S. are $0.20/message for Text Messages and $0.50/message for Picture/Video Messages. Additional charges for premium content apply. MISCELLANEOUS: AT&T strongly encourages the use of compatible customer -provided and/or third - party security solutions, such as virtual private networks (VPNs). Additional eligibility, billing, usage and other restrictions and terms apply. See General Terms and Conditions and applicable Additional Terms that follow. I. GENERAL TERMS AND CONDITIONS APPLICABLE TO AT&T'S GOVERNMENT CONNECT WIRELESS DATA SERVICES, INCLUDING BUT NOT LIMITED TO, FEATURES THAT MAY BE USED WITH SUCH WIRELESS DATA SERVICES AND WIRELESS CONTENT. AT&T provides wireless data services, including but not limited to, features that may be used with wireless data services and wireless content ("Services'). The absolute capacity of the wireless data network is limited. Accordingly, service is only provided for circumscribed purposes and pricing for Data Services is device dependent, based on the transmit and receive capacity of each device. A pricing plan designated for one type of device may not be used with another device. These Services may be subject to credit approval and may only be available when combined with certain voice rate plans. Compatible data -enabled wireless device required. Usage/Billing: Usage and monthly fees will be charged as specified in your plan. DATA TRANSPORT IS BILLED IN FULL -KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL -KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. AT&T CHARGES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. AIRTIME AND OTHER MEASURED USAGE ARE BILLED IN FULL -MINUTE INCREMENTS AND ROUNDED UP TO THE NEXT FULLMINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. Data sent and received includes, but is not limited to downloads, email, overhead and software update checks. Unless designated for International or Canada use, prices and included use apply to EDGE/GPRS and Broad banclConnect access and use on AT&T's wireless network and its partner wireless networks within the United States and its territories (Puerto Rico and the U.S. Virgin Islands), excluding areas within the Gulf of Mexico. Usage on networks not owned by AT&T is limited as provided in your data plan. Charges will be based on the location of the site receiving and transmitting service and not the location of the subscriber. BroadbanclConnect access requires a compatible, eligible 3G device. Overage is billed by the kilobyte. Service charges paid in advance for monthly or annual Services are nonrefundable. Some Services may require an additional monthly subscription fee and/or be Page 18 of 66 667 subject to additional charges and restrictions. See applicable rate plan materials for complete pricing and terms. Prices do not include taxes, directory assistance, roaming, universal services fees or other exactions and are subject to change. In order to assess your usage during an applicable billing period, you may obtain approximate usage information by calling customer service or using one of our automated systems. Voice: If you have a voice -capable device, unless you request voice blocking, select a data plan that restricts voice access or select a qualified voice plan, the default rate for voice calls on AT&T's wireless network are $0.40 per minute and $0.69 per minute for domestic roaming voice calls off AT&T's wireless network (rates are subject to change without notice). Additional taxes and surcharges may apply. See AT&T Nation° map at store or att.com/wireless for default wireless voice coverage area. If you request voice blocking or your selected data plan restricts voice access, all voice calling capabilities (except for outgoing calls from the device to 911 or 611) will be blocked, including without limitation, calls from 911 or 611 to the device. If you have a wireless voice plan, wireless voice calls are billed as provided in your wireless voice rate plan. Roaming: Roaming charges for wireless data or voice service may be charged with some plans when outside AT&T's wireless network. Display on your device will not indicate whether you will incur roaming charges. Services originated or received while outside your plan's included coverage area are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier's support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Billing for domestic and international roaming usage may be delayed up to three billing cycles due to reporting between carriers. You may be required to (1) use a device programmed with AT&T's preferred roaming database; and (2) have a mailing address and live in the United States, Puerto Rico or the U.S. Virgin Islands. International Roaming: See att.com/wireless international or dial 866.246.4852 for more information and for a list of currently available countries and carriers. Compatible international -capable device required. Certain countries and/or carriers within a roaming zone may be unavailable with certain plans or Services while roaming. Availability, quality of coverage and Services while roaming are not guaranteed. Rates apply to AT&T's wireless customers only. Certain tenure, billing and credit restrictions and additional charges may apply. Many devices including iPhone transmit and receive data messages without user intervention and can generate unexpected charges when taken out of the United States. Cancellations/Early Termination Fee: An Early Termination Fee of $175 may be assessed against you in the event that you terminate your Wireless Service Agreement and/or selected plan before the expiration of its term. For Service activated on or after May 25, 2008, the Early Termination Fee will be reduced by $5 for each full month toward your minimum term that you complete. You may cancel your service, for any reason and without incurring the Early Termination Fee, within thirty (30) days of signing your Wireless Service Agreement, PROVIDED, however, that if you cancel service you will remain responsible for any service fees and charges incurred. If you cancel within three (3) days of signing your Wireless Service Agreement, you will be entitled to a refund of your activation fee, if any. If you exercise this option, you may be required to return devices and associated accessories purchased in connection with your Wireless Service Agreement. Service Availability and Access/Coverage: AT&T does not guarantee availability of wireless network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between AT&T Broad bandConnect, EDGE and GRPS. AT&T Broad bandConnect only available in select markets. See coverage map(s), available at store or from your sales representative, for details. AT&T Broad bandConnect download speeds only available on the AT&T BroadbanclConnect network. Actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. Information/Content: Certain information or content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice. AT&T IS NOT Page 19 of 66 668 A PUBLISHER OF THIRD-PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Third-party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies may differ among AT&T's content or service providers and you are bound by such policies when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content provider or service provider. Any information you involuntarily or voluntarily provide third parties is governed by their policies. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information or downloaded data is not guaranteed or warranted by AT&T or any content providers or other third party. Delays or omissions may occur. Neither AT&T nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service. You acknowledge that every Government or personal decision, to some degree or another, represents an assumption of risk, and that neither AT&T nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever. Prohibited and Permissible Uses: Except as may otherwise be specifically permitted or prohibited for select data plans, data sessions may be conducted only for Wireless Wide Area Network (WWAN) applications (e.g. machine-to-machine connections). While most common uses for Wireless Wide Area Network (WWAN) applications are permitted by your data plan, there are certain uses that cause extreme network capacity issues and interference with the network and are therefore prohibited. Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications; (ii) "auto-responders," "cancelbots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iii) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (iv) any activity that adversely affects the ability of other people or systems to use either AT&T's wireless services or other parties' Internet-based resources, including "denial of service" (DoS) attacks against another network host or individual user; (v) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AT&T's wireless network or another entity's network or systems; downloading movies using P2P file sharing services, redirecting television signals for viewing on Personal Computers, web broadcasting, and/ or for the operation of servers, is prohibited. Furthermore, plans (unless specifically designated for tethering usage) cannot be used for any applications that tether the device (through use of, including without limitation, connection kits, other phone/PDA-to- computer accessories, Bluetooth° or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose. Accordingly, AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. You may not send solicitations to AT&T's wireless subscribers without their consent. You may not use the Services other than as intended by AT&T and applicable law. Plans are for individual, non-commercial use only and are not for resale. AT&T may, but is not required to, monitor your compliance, or the compliance of other subscribers, with AT&T's terms, conditions, or policies. Security: AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services sold by AT&T. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures. Changes to the terms and conditions: These terms and conditions may be changed from time to time. AT&T will post the most current version of these terms and conditions at https://www.wireless.att.com/businesscenter/en US/Pdf/legal/large- business-GTCs-061619.pdf or other appropriate location. Please check these regularly to inform yourself about changes Page 20 of 66 669 to the terms and conditions. Access Requirements: Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third -party products and/or services, which are subject to any applicable third -party terms and conditions and may require separate purchase from and/or agreement with the third -party provider. AT&T is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible. Miscellaneous: Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. AT&T is not responsible for loss or disclosure of any sensitive information you transmit. AT&T's wireless services are not equivalent to landline Internet. AT&T is not responsible for nonproprietary services or their effects on devices. If applicable, use of Desktop Toolbar requires compatible home computer products. AT&T RESERVES THE RIGHT TO TERMINATE YOUR SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS SERVICE AGREEMENT. Caller ID blocking is not available when using the Services, and your wireless number is transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per -message charge may apply whether the message is read or unread, solicited or unsolicited. Additional Terms: See below for additional terms relating to specific Services and rate plans. In addition, all use of AT&T's wireless network and the Services is governed by AT&T's Acceptable Use Policy, which can be found at att.com/Acceptable Use Policy, as determined solely by AT&T. AT&T can revise its Acceptable Use Policy at any time without notice by updating this posting. Use of the Services is subject to Terms and Conditions of your Wireless Service Agreement. See Wireless Service Agreement, att.com/wireless or AT&T Customer Service for additional conditions, restrictions, privacy policy and information. Intellectual Property: All trademarks, service marks and trade names used on, or in connection with the Services are the property of their respective owners. You must respect the intellectual property rights of AT&T, our third -party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by AT&T or accessed through the AT&T's websites. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed or otherwise exploited, in whole or in part, without the permission of the owner. II. ADDITIONAL TERMS APPLICABLE TO GOVERNMENT CONNECT FOR SPECIFIC WIRELESS DATA SERVICES, TEXT, INSTANT MESSAGING AND PICTURE/VIDEO MESSAGING. Messages are limited to 160 characters per message. Premium text and picture/video messages are charged at their stated rates. Standard rates apply to all incoming messages when in the U.S. Different, non-standard per message charges apply to international messages sent from the U.S. Text, Instant, Picture, and Video messages are charged when sent or received, whether read or unread, solicited or unsolicited. AT&T does not guarantee delivery of messages. Text, Instant, Picture, and Video messages, including downloaded content, not delivered within 7 days will be deleted. AT&T reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. Picture/Video Messaging, data plan, and Text Messaging may need to be provisioned on an account in order to use Picture/ Video Messaging. Some elements of Picture/Video messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or e-mail. AT&T reserves the right to change the Picture/Video message size limit at any time without notification. Picture/Video Messaging pricing is for domestic messages only. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received. Text message notifications may be sent to non-Picture/Video Messaging subscribers if they subscribe to Text Messaging. Fixed wireless deployments: INSTALLATION MUST BE WITHIN AN AT&T -OWNED WIRELESS NETWORK COVERAGE AREA AND USAGE OF THE SERVICES ON OTHER CARRIERS' WIRELESS NETWORKS ("OFFNET USAGE") IS PROHIBITED. If your fixed wireless deployment incurs any off -net usage, AT&T may at its option Page 21 of 66 670 terminate your wireless service or access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for off -net usage. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement. Mobile wireless deployments: If your mobile wireless deployment Off -net Usage exceeds 10% of the kilobytes included with your plan during any two consecutive months, AT&T may at its option terminate your wireless service or access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for off net usage. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement. Government Connect plans (excluding $29.99 plan): Consolidated billing is required. WIN Advantage® may also be required. AT&T will not provide Customer Care support on an individual subscriber basis, including without limitation, 611 calls from the device into the AT&T Customer Care support center. For Customer Care support, you must go through one designated contact, such as your telecom manager or system administrator, for all your CRUs under the plan. Pooling: Within a single Foundation Account (FAN), Customer's CRUS with pooling on an eligible Government Connect Plan ("Pooled Plan") aggregate or "pool" their included data usage ("Included Usage"), creating a "Pool." To pool together, each CRU in the Pool must subscribe to a Pooled Plan that has the same amount of Included Usage and the same Additional Kilobyte charge ("Similar Pooled Plan"). Every billing cycle, each CRU first uses his or her Included Usage. If a CRU does not use all his or her Included Usage it creates an underage in the amount of unused kilobytes ("Under Usage"). If a CRU uses more than his or her included usage it creates an overage with respect to kilobytes of data usage ("Over Usage"). The Pool's Under Usage kilobytes and Over Usage kilobytes are then aggregated respectively and compared. If the aggregate Under Usage kilobytes exceed the aggregate Over Usage kilobytes, then no CRU in the Pool pays Additional Kilobyte charges. If the aggregate Over Usage kilobytes exceed the aggregate Under Usage kilobytes, then the ratio of Under Usage kilobytes to Over Usage kilobytes is applied to the data usage of each CRU in the Pool with Overage Usage, resulting in a monetary credit against the corresponding Additional Kilobyte charges. For example, if a Pool has 900 Under Usage kilobytes and 1,000 Over Usage kilobytes (90%), then each CRU with Over Usage will receive a credit equal to 90% of his or her Additional Kilobyte charges. CRUs changing price points or migrating to Pooled Plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Pool within a FAN provided that Customer may only have one Pool for Similar Pooled Plans within a FAN; however, an individual CRU can only be in one Pool at a time. AT&T reserves the right to limit the number of CRUS in a Pool due to Government needs and system limitations. CRUS on Pooled Plans and CRUS participating in a legacy Telemetry connect plan pool created prior to February 17, 2006 ("Legacy Pool") cannot be in the same Pool but can be within the same FAN. End users on non -pooling AT&T plans may be included in the same FAN as CRUS on pooled plans; however, these non -pooling end users will not receive the pooling benefits or contribute Included Usage to a pool. Page 22 of 66 671 MESSAGING PLANS SOC CODE CONTRACT PRICE 200 Messages (SMS/MMS) RMSG1 $0.00, 10.00/message over 200 *Unlimited Messaging (SMS/MMS) SOC Code *(should be used when a Flat Rate Voice Plan, Pooled Voice Plan, or Unlimited Voice Plan is added to a feature phone or when a Flat Rate Voice Plan, MSG3 *$0.00/$5.15 Pooled Voice Plan, or Unlimited Voice Plan is added to a smartphone with a 5GB Pooled Hotspot/Tethering Data Plan otherwise, it is $5.15) **Unlimited Messaging (SMS/MMS) SOC Code (Should be used when adding a pooled minute voice plan or unlimited voice plan to a smartphone RGOVMSG3 **$0.00/$5.15 Unlimited Hotspot/Tethering Data Plan otherwise, it is $5.15) Page 23 of 66 672 ENHANCED PUSH TO TALK PLANS (ePTT) SOC CODES CONTRACT PRICE Enhanced PTT Bolt -On with a Non -Flat Rate Plan EPPT0505EP ,EPTT05F, $3.00, Unlimited ePTT EPTT Enhanced PTT Bolt -On with a Flat Rate Plan EPTT1999, EPTT1999F $10.00, Unlimited ePTT Enhanced PTT Standalone Price Plan EPTT030, EPTTAPNLR $18.99, Unlimited ePTT only Enhanced PTT Integrated Dispatch Software EPTTDP, FNEPTTDPI,FNIDC $30, Per License Enhanced Push to Talk Plans AT&T Enhanced Push -to -Talk ("Enhanced PTT") is an IP -based end-to-end communications and applications platform that provides sub -second connections, advanced features that operate on a broad portfolio of compatible smartphone and rugged phone devices, and integration with various advanced mobility applications for use on the AT&T wireless data network and compatible Internet -connected networks. General Enhanced PTT subscribers can hold near -instant voice communications with individuals and groups of up to 250 designated users with compatible devices ("End Users") on AT&T's wireless data network and compatible Wi-Fi networks. Using the online Corporate Administrator Tool, subscribers can create lists of up to 1,000 contacts and view their contacts' availability in real time through the use of status indicators. In addition, supervisors can override PTT calls in order to communicate time -sensitive messages to their teams. Using the optional Integrated Dispatch feature, subscribers can view End Users' locations on a map and record PTT communications with the administrator's PC. Using the optional Interoperability Feature, EPTT users can communicate with Land Mobile Radio and other external PTT networks using additional equipment, services and/or software available from third -party providers. Enhanced Push to Talk Integrated Dispatch Software Integrated Dispatch allows a dispatcher to operate from a centralized corporate facility and manage the activities for a set of mobile Enhanced Push -to -Talk users (also called fleet members) working in the field. This enables an organization to effectively manage day to day dispatch operations and rapidly respond to incidents, urgent situations, customer requests, facility events, and other situations that require quick actions. Managing your mobile users is easier than ever with the ability to see the location and PTT availability status of your group in near real-time. Using Integrated Dispatch, your administrators can view all of their EPTT users on a map, send and receive individual or group calls, send highly secure messages & files, and more — all from the convenience of a web -browser solution. Page 24 of 66 673 Important Information Software: Enhanced PTT (the "Service") consists of client software that is installed on supported devices that operate on the AT&T wireless data network and compatible Internet -connected networks. Use of the service on supported smartphones and PCs requires download and installation of the Enhanced PTT client software onto such devices. Other software on an end user's device may impair performance. Customer and its end users must accept the EPTT End User License Agreement that may be found at www.att.com/eptteula prior to Customer's installation and use of the Enhanced PTT software on their devices and PCs. Use of Integrated Dispatch software requires acceptance of the Integrated Dispatch End User License Agreement presented during installation. AT&T or its suppliers retain all right, title and interest, including, without limitation, all intellectual property rights, in and to all such software. SERVICE LIMITATIONS: ENHANCED PTT IS NOT INTENDED FOR USE IN EMERGENCY OR CRITICAL COMMUNICATIONS SETTINGS, OR WHERE ENCRYPTION IS REQUIRED FOR END-TO-END DATA IN TRANSIT. Availability, security, speed, timeliness, accuracy and reliability of service are not guaranteed. If the Customer attempts to access Enhanced PTT via a custom Access Point Name (APN), through a firewall or from a network that does not meet the specified network access criteria defined at Enabling Requirements, the Service will not work. Enhanced PTT service is not compatible with traditional circuit -switched voice calls or certain other AT&T wireless services, including, without limitation, voice mail/Visual Voice Mail, AT&T Address Book, and Wireless Priority Service. The Service requires use of a supported wireless device or a Personal Computer running Windows Vista OS or higher ("PC"). Use of the Enhanced PTT client for PCs may require that the PC be connected to AT&T's wireless network through an integrated modem/aircard or mobile hotspot device with a qualified data plan service. A list of supported devices is available at www.att.com/eptt, which is subject to change. The user interface and service performance may vary by device, and Integrated Dispatch features may not be compatible with all wireless devices. The Service is available to Customers with a qualified AT&T Government or government agreement ("Enterprise Agreement") and their associated corporate responsibility users ("CRUs") and individual responsibility users ("IRUs"). It may not be available for purchase in all areas, and not all service features and functionality are available on all supported devices. The Corporate Administrator Tool, Integrated Dispatch and Enhanced PTT client for PCs are only available for use with CRUs. Service performance is subject to transmission limitations and terrain, system, capacity and other limitations. The Service is not compatible with devices provisioned through the AT&T Control Center or Enterprise On Demand platforms. Enhanced PTT is designed to work only over AT&T's domestic wireless data network footprint and for AT&T subscribers over compatible Wi-Fi networks. Enhanced PTT is disabled while using domestic or international roaming cellular wireless networks. Wireless data coverage is not available in some areas. AT&T mobility coverage maps are available at https://www.att.com/maps/wireless- coverage.html. Wireless data coverage is subject to transmission limitations and terrain, system, capacity and other limitations. Usage of Enhanced PTT on networks other than the AT&T wireless data network is dependent on proper configuration and quality of the network connection (see Enabling Requirements for details). AT&T is unable to provide troubleshooting or configuration assistance for third -party network connections and may be limited in its ability to troubleshoot service problems for transmissions made using such networks. AT&T provides no customer support in this regard other than verifying connectivity to the AT&T network and the Service. Page 25 of 66 674 FI RSTN ET What is FirstNet? FirstNet is a nationwide public safety communications platform dedicated to first responders in a public-private partnership between AT&T and the First Responder Network Authority. What is FirstNet's Mission? To deploy, operate, maintain, and improve the first high-speed, nationwide wireless broadband network dedicated to public safety. This reliable, highly secure, interoperable, and innovative public safety communications platform will bring 21st century tools to public safety agencies and first responders, allowing them to get more information quickly and helping them to make faster and better decisions. Who qualifies for FirstNet? We have 2 types of eligible Public Safety Entities, Primary Users and Extended Primary Users. Primary Users are Public Safety Entities that act as first responders, the agencies who are at an emergency scene first. This includes law enforcement, fire protection services, emergency medical services, emergency (911) call dispatching and government Public Safety Answering Points, emergency planning and management offices, and ambulance services. Extended Primary Users are those agencies, organizations, non-profit or for-profit companies that provide public safety services in support of Primary Users. They provide mitigation, remediation, overhaul, clean-up, restoration, or other such services during or after an incident. FirstNet Eligibility: In order to take advantage of the AT&T FirstNet Solution, Customer must (a) be a qualified "Public Service Entity" as recognized by the First Responder Network Authority, or a FirstNet Eligible User and (b) restrict access to the AT&T FirstNet Solution solely to Authorized Users (as defined in the AT&T FirstNet Solution Service Guide described below) who must be located in a state or territory which has opted in to use the AT&T FirstNet Nationwide Public Safety Broadband Network. Who will manaee the FirstNet account and Dav the bill? Primary Users can have two types of authorized users: Agency Paid Users and Subscriber Paid Users; Extended Primary Users can have only Agency Paid Users. Agency Paid Users are employees and contractors of a qualified Public Safety Entity. The Public Safety Entity pays for the FirstNet service for Agency Paid Users. Subscriber Paid Users are verified and approved (a) employees of a Primary User Public Safety Entity or (b) qualified volunteer personnel affiliated with a Primary User Public Safety Entity. Subscriber Paid Users pay for their own FirstNet service. Page 26 of 66 675 CUSTOM FIRSTNET MOBILE PLANS 1. FirstNet Custom Offer: Provided the Customer remains in full compliance with the terms and conditions of the Agreement, and subject to all corresponding conditions set forth in this §2 (including all sub -sections and Tables), Contractor will provide Customer and the FirstNet Eligible Users, as defined in this Amendment, the following custom offer: the FirstNet Mobile Plans as described in Section 2.1 herein (the "Custom FirstNet Mobile Pooled and Unlimited Plans") the FirstNet Mobile Plans — Subscriber Paid as described in Section 2.2 herein (the "Custom FirstNet Mobile Subscriber Paid Plans") and the FirstNet Activation Credit as described in Section 2.3 herein, collectively referred to herein as the "Custom FirstNet Mobile Plans". The Custom FirstNet Mobile Plans are, at times, referred to as the "Custom Offer". The Custom Offer is available for the term of the Agreement. 1.1 Custom FirstNet Mobile Pooled and Unlimited Plans. The Custom FirstNet Mobile Pooled and Unlimited Plans shall consist of the following: TABLE 1.1.1 CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR SMARTPHONES** TABLE 1.1.2* Add $10.99 Add -a -Line for use with an unsubsidized device Monthly Service Charge -a- 2GB 5GB 50GB 10OGB 50OGB 1000GB Line For use with an $15.99 $24.50 $36.00 $205.00 $373.00 $1,745.00 $3,350.00 unsubsidized device MSC* MSC MSC MSC MSC MSC MSC For use with a $35.99 $56.00 $225.00 $393.00 $1,765.00 $3,370.00 $44.50 MSC subsidized device MSC MSC MSC MSC MSC MSC *MSC means Monthly Service Charge ** Plans outlined include Unlimited Voice and Text TABLE 1.1.2* CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR FEATURE PHONES* $10.99 Add -a -Line for use with an unsubsidized device Monthly Service Charge $22.99 Add -a -Line for use with a subsidized device Monthly Service Charge *Plans outlined above include Unlimited Voice and Text Page 27 of 66 676 CUSTOM FIRSTNET FLAT RATE PLAN FOR FEATURE PHONES* VOICE (PER MINUTE) RATE PLAN SOC CODE CONTRACT PRICE Unlimited Standard for Unlimited for Data -only $4.00 Monthly Service Fee and 4.00 Per (Flat Rate) Per Minute Voice Plan FNXFP004 Minute Nationwide Rate with 500 Mobile -to Monthly -a- Mobile minutes and 500 Nights & Weekend 5GB 50GB minutes with 4.00 Overage *Unlimited Texting may be added as an option, $5.00 Monthly Service Charge. Or Texting Pay Per Use (PPU), as follows: Text/Instant Messaging (SMS) $0.20 per message; Picture/Video Messages (MMS) $0.30 per message; Data Usage, including web browsing, up to $2 per MB. These prices are valid for use in the U.S. only. Charges for international messages sent from the U.S. are $0.25 for Text/Instant Messages and $0.50 for Picture/Video Messages. *No device subsidies are allowed on this plan TABLE 1.1.3 CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR DATA -ONLY DEVICES Add Unlimited Standard for Unlimited for Data -only Smartphones* Smartphones** Devices Monthly -a- 2GB 5GB 50GB 100GB 500GB 1000GB *Enhanced Smartphone includes Unlimited, Voice, Text, Data, and Mobile Hotspot Line For use with an $10.00 $16.00 $23.00 $200.00 $368.00 $1,740.00 $3,343.00 unsubsidized device MSC MSC MSC MSC MSC MSC MSC For use with a subsidized $20.00 $26.00 $33.00 $210.00 $378.00 $1,750.00 $3,353.00 device MSC MSC MSC MSC MSC MSC MSC TABLE 1.1.4 CUSTOM FIRSTNET MOBILE -UNLIMITED PLANS Unlimited Enhanced for Unlimited Standard for Unlimited for Data -only Smartphones* Smartphones** Devices Monthly $44.99 $39.99 $34.99 Service Charge *Enhanced Smartphone includes Unlimited, Voice, Text, Data, and Mobile Hotspot ** Standard Smartphone includes Unlimited, Voice, Text, and Data only Page 28 of 66 677 TABLE 1.1.5 CUSTOM FIRSTNET MOBILE RATE PLANS FOR ERK DEVICES* CUSTOM FIRSTNET ENHANCED* PTT ONLY PLANS PRICE Unlimited FirstNet Enhanced PTT Only Plan $5.00 per month $9.99 for use with an unsubsidized, compatible Feature Phone Talk Monthly Service Charge Unlimited FirstNet Enhanced PTT Only Plan $0.10 per message $17.99 for use with a subsidized, compatible Feature Phone *Pricing does not include FirstNet Ready® phones (requires non -subsidized or customer owned (COAM) devices), mobile Monthly Service Charge *Enhanced PTT includes Unlimited, Voice, Text, Data, and Mobile Hotspot for Agency Paid User lines of service. Excludes applicable shipping, taxes, and surcharges. Device setup and configuration TABLE 1.1.6 CUSTOM FIRSTNET MOBILE RATE PLANS FOR ERK DEVICES* SERVICE PRICE Monthly ERK Pay -Per -Use Plan for feature phones, $5.00 per month smartphones, and MiFi's Talk $0.25 per minute Text $0.10 per message Data $10 per GB (billed in per -KB increments at $0.000009536 per KB) *Pricing does not include FirstNet Ready® phones (requires non -subsidized or customer owned (COAM) devices), mobile broadband devices, or accessories. FirstNet Ready' Devices are sold separately through your AT&T FirstNet Representative. Available only to Public Safety Entities with a FirstNet Service Agreement (Business Agreement) and only for Agency Paid User lines of service. Excludes applicable shipping, taxes, and surcharges. Device setup and configuration not included. Professional services for processing and Kit available at an additional cost. See rate plan brochure for full details http://marketing.web.att.com/oil/download?oillD=43c2ee73170669. Page 29 of 66 678 Custom FirstNet Mobile Plans — Subscriber Paid. In addition to Custom FirstNet Mobile Pooled and Unlimited Plans available to Customer and its CRUS, Contractor offers a Subscriber Paid version of such plans to eligible individuals associated with a Primary User Public Safety Entity. Customer hereby authorizes Contractor to provide such individuals with the discounts set forth in §1.2 (the "Custom FirstNet Mobile Subscriber Paid Plans"). Customer must remain eligible for the Custom FirstNet Mobile Plans described in §1.1 for the Custom FirstNet Mobile Subscriber Paid Plans described in §1.2 to apply. The corresponding subscriber must be eligible to activate Service on the underlying version of the corresponding Custom FirstNet Mobile Subscriber Paid Plan. The Custom FirstNet Mobile Subscriber Paid Plans are only available to Subscriber Paid Users. For all Custom FirstNet Mobile Subscriber Paid Plans, the corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in the corresponding table below will be achieved via application of a modifier also reflected on the invoice. TABLE 1.2.2 TABLE 1.2.1 Unlimited Smartphone Plan CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID PLANS — FIRST RESPONDER PLANS* (without Mobile Hotspot)* For use with For use with For use with For use with For use with $34.99 Smartphone Smartphone Feature Phone Tablet Tablet **Includes Unlimited Voice, Text, Data, and Mobile Hotspot 2GB SGB 100MB 2GB 5GB Monthly $24.50 $36.00 $10.99 $16.00 $23.00 Service Charge *Plans outlined above include Unlimited Voice and Text TABLE 1.2.2 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID — FIRST RESPONDER UNLIMITED PLANS Unlimited Smartphone Plan Unlimited Smartphone Plan Unlimited Tablet Plan (without Mobile Hotspot)* (with Mobile Hotspot)** (with Mobile Hotspot)*** Monthly $39.99 $44.99 $34.99 Service Charge *Includes Unlimited Voice, Text, and Data only **Includes Unlimited Voice, Text, Data, and Mobile Hotspot ***Includes Unlimited Data and Mobile Hotspot Page 30 of 66 679 TABLE 1.2.2 CUSTOM FIRSTNET Rapid Response Solution Plan Description Monthly Recurring Charge FirstNet Rapid Response Subscriptionl Unlimited FirstNet Rapid Response use2 $8.00/per user Smartphone Standard FirstNet Rapid Response Subscriptionl Unlimited FirstNet Rapid Response use2 $27.50/per user Smartphone Advanced FirstNet Rapid Response Subscriptionl Unlimited FirstNet Rapid Response use2 $29.00/per user Feature Phone Standard FirstNet Rapid Response Subscriptionl Unlimited FirstNet Rapid Response use2 $39.00/per user Feature Phone Advanced FirstNet Rapid Response LMR3,4 Unlimited communication between $5.00/per user Interoperability Add -On (standard) FirstNet Rapid Response users and LMR users FirstNet Rapid Response LMR Interop Site Site licensing fee for each RolP Gateway $2500 (one-time charge) License Fee Streaming Video Add -On Video steaming feature to push or pull $20.00/per device video to individuals or groups User license Wi-Fi Application User License $20.00/per device Web Dispatch Solution Web browser solution to manage daily $260.00/per seat operations, locate users, send, and receive individual or group calls, send highly secure messages and files. Web Dispatch with Video Web Dispatch Solution with streaming $300.00/per seat video feature Page 31 of 66 680 (1) Requires a FirstNet Capable device w/ a FirstNet SIM with an existing FirstNet wireless rate plan and a Rapid Response subscription. See www.firstnet.com/rapidresponse for details. Not eligible for contract -based discounts. (2) "Unlimited" applies to use of FirstNet Rapid Response on AT&T's U.S. domestic wireless data network footprint (including supported domestic roaming partners with a connection to the FirstNet Core). Such FirstNet Rapid Response usage does not count as part of the usage or data allowance under FirstNet Wireless voice or data plans. Use of FirstNet Rapid Response while roaming on partners who do not have connection to the FirstNet Core is not supported. Video may be Itd to SD. Speed, usage, and other restrictions apply. (3) Requires a FirstNet Rapid Response subscription. (4) Requires installation of customer owned and operated equipment. Page 32 of 66 681 AT&T Mobility Application Solutions AT&T Mobile Field Solutions Netmotion VPN A client/server software -only mobile Virtual Private Network ("VPN") for Windows operating devices, including laptops, tablets, pocket PCs and smartphones, that provides application persistence to the Transport Layer of the Open System Interconnection ("OSI") Layer. The Solution also helps to protect the VPN tunnel and applications from data loss, and it does not require multiple log -ins or re -authentication when a user suspends, and resumes use of devices or transitions across networks Product Code Product Name List Price RTL.43019 Mobility for Windows (25-99) $200.00 RTL.43690 Mobility for Windows (100-249) $145.00 RTL.43691 Mobility for Windows (250-499) $135.00 RTL.43692 Mobility for Windows (500-999) $125.00 RTL.43020 Mobility for Windows + Analytics (25-99) $220.00 RTL.43693 Mobility for Windows + Analytics (100-249) $160.00 RTL.43694 Mobility for Windows + Analytics (250-499) $150.00 RTL.43695 Mobility for Windows + Analytics (500-999) $140.00 RTL.43021 Mobility for Windows + NAC (25-99) $220.00 RTL.43696 Mobility for Windows + NAC (100-249) $160.00 RTL.43697 Mobility for Windows + NAC (250-499) $150.00 RTL.43698 Mobility for Windows + NAC (500-999) $140.00 RTL.43022 Mobility for Windows + NAC & Analytics (25-99) $240.00 RTL.43704 Mobility for Windows + NAC & Analytics (100-249) $175.00 RTL.43703 Mobility for Windows + NAC & Analytics (250-499) $165.00 RTL.43705 Mobility for Windows + NAC & Analytics (500-999) $155.00 RTL.43023 Mobility for Windows + Policy (25-99) $275.00 RTL.43700 Mobility for Windows + Policy (100-249) $210.00 RTL.43043 Mobility for Windows + Policy (250-499) $195.00 RTL.43044 Mobility for Windows + Policy (500-999) $180.00 Page 33 of 66 682 RTL.43024 Mobility for Windows + Policy & Analytics (25-99) $295.00 RTL.43045 Mobility for Windows + Policy & Analytics (100-249) $225.00 RTL.43046 Mobility for Windows + Policy & Analytics (250-499) $210.00 RTL.43047 Mobility for Windows + Policy & Analytics (500-999) $195.00 RTL.43025 Mobility for Windows + Policy & NAC (25-99) $295.00 RTL.43711 Mobility for Windows + Policy & NAC (100-249) $225.00 RTL.43712 Mobility for Windows + Policy & NAC (250-499) $210.00 RTL.43713 Mobility for Windows + Policy & NAC (500-999) $195.00 RTL.43026 Mobility for Windows + Policy, NAC & Analytics (25-99) $315.00 RTL.43714 Mobility for Windows + Policy, NAC & Analytics (100-249) $240.00 RTL.43706 Mobility for Windows + Policy, NAC & Analytics (250-499) $225.00 RTL.43715 Mobility for Windows + Policy, NAC & Analytics (500-999) $210.00 RTL.43716 Mobility for Android (25-99) $200.00 RTL.43717 Mobility for Android (100-249) $145.00 RTL.43718 Mobility for Android (250-499) $135.00 RTL.43719 Mobility for Android (500-999) $125.00 RTL.43720 Mobility for Android + Analytics (25-99) $220.00 RTL.43721 Mobility for Android + Analytics (100-249) $160.00 RTL.43722 Mobility for Android + Analytics (250-499) $150.00 RTL.43723 Mobility for Android + Analytics (500-999) $140.00 RTL.43724 Mobility for Android + Policy (25-99) $275.00 RTL.43725 Mobility for Android + Policy (100-249) $210.00 RTL.43726 Mobility for Android + Policy (250-499) $195.00 RTL.43727 Mobility for Android + Policy (500-999) $180.00 RTL.43728 Mobility for Android + Policy & Analytics (25-99) $295.00 RTL.43729 Mobility for Android + Policy & Analytics (100-249) $225.00 RTL.43730 Mobility for Android + Policy & Analytics (250-499) $210.00 RTL.43731 Mobility for Android + Policy & Analytics (500-999) $195.00 RTL.4882D Mobility for iOS (25-99) $200.00 RTL.4880D Mobility for iOS (100-249) $145.00 RTL.4883D Mobility for iOS (250-499) $135.00 RTL.4874D Mobility for iOS (500-999) $125.00 RTL.4879D Mobility for iOS + Analytics (25-99) $220.00 RTL.4875D Mobility for iOS + Analytics (100-249) $160.00 RTL.4885D Mobility for iOS + Analytics (250-499) $150.00 RTL.4872D Mobility for iOS + Analytics (500-999) $140.00 RTL.4871D Mobility for iOS + Policy (25-99) $275.00 RTL.4886D Mobility for iOS + Policy (100-249) $210.00 RTL.4873D Mobility for iOS + Policy (250-499) $195.00 RTL.4887D Mobility for iOS + Policy (500-999) $180.00 Page 34 of 66 683 RTL.4878D Mobility for iOS + Policy & Analytics (25-99) $295.00 RTL.4888D Mobility for iOS + Policy & Analytics (100-249) $225.00 RTL.4889D Mobility for iOS + Policy & Analytics (250-499) $210.00 RTL.4890D Mobility for iOS + Policy & Analytics (500-999) $195.00 RTL.43732 Mobility Policy Module (25-99) $75.00 RTL.43733 Mobility Policy Module (100-249) $65.00 RTL.43734 Mobility Policy Module (250-499) $60.00 RTL.43735 Mobility Policy Module (500-999) $55.00 RTL.43736 Mobility NAC Module (25-99) $20.00 RTL.43737 Mobility NAC Module (100-999) $15.00 RTL.43738 Mobility Analytics Module (25-99) $20.00 RTL.43739 Mobility Analytics Module (100-999) $15.00 RTL.43705 Mobility Additional Server $5,000.00 RTL.43682 Mobility SMB Account $1,000.00 RTL.4278E Standard NM Mobility Platform $1,500.00 RTL.4279E Enterprise NM Mobility Platform $2,500.00 RTL.43740 Mobility Enterprise for Windows (1st 1000) $105.00 RTL.43741 Mobility Enterprise for Windows $55.00 RTL.43742 Mobility Enterprise for Windows + Policy (1st 1000) $150.00 RTL.43743 Mobility Enterprise for Windows + Policy $100.00 RTL.43744 Mobility Enterprise for Windows + NAC (1st 1000) $115.00 RTL.43745 Mobility Enterprise for Windows + NAC $65.00 RTL.43746 Mobility Enterprise for Windows + Policy & NAC (1st $160.00 1000) RTL.43747 Mobility Enterprise for Windows + Policy & NAC $110.00 RTL.43748 Mobility Enterprise for Android (1st 1000) $105.00 RTL.43749 Mobility Enterprise for Android $55.00 RTL.43750 Mobility Enterprise for Android + Policy (1st 1000) $150.00 RTL.43751 Mobility Enterprise for Android + Policy $100.00 RTL.4877D Mobility Enterprise for iOS (1st 1000) $105.00 RTL.4891D Mobility Enterprise for iOS $55.00 RTL.4892D Mobility Enterprise for iOS + Policy (1st 1000) $150.00 RTL.4893D Mobility Enterprise for iOS + Policy $100.00 RTL.43683 Mobility Enterprise Policy Module $45.00 RTL.43684 Mobility Enterprise NAC Module $10.00 RTL.43685 Mobility Enterprise Analytics Module $0.00 RTL.43686 NM Mobility Premium Maintenance (25%) 25% of TCV *1 year RTL.43687 NM Mobility Premium Maintenance (22%) 22% of TCV *2 years RTL.43688 NM Mobility Premium Maintenance (20%) 20% of TCV *3 years RTL.43752 NM Mobility Standard Maintenance (15%) 15% of TCV *1 year Page 35 of 66 684 RTL.43753 NM Mobility Standard Maintenance (14%) 14% of TCV *2 years RTL.43754 NM Mobility Standard Maintenance (13%) 13% of TCV *3 years 40% of TCV of RTL.43755 NM Mobility Upgrade 8.x to 10.x Licenses 35% of TCV of RTL.43756 NM Mobility Upgrade 9.x to 10.x Licenses RTL.43689 Sure -Start $5,000.00 RTL.43757 Sure -Start Express $2,000.00 $2,000.0 RTL.43758 Sure -Check System Review 0 $2,000.0 RTL.43759 Advanced Authentication Assistance 0 $7,000.0 RTL.43760 Sure -Check System Audit 0 RTL.43761 Technical Services On -Site $5,000.00 RTL.43762 Technical Services Remote $2,000.00 RTL.43763 Advanced Authentication Solution Variable RTL.43764 Mobility Certification Training $1,995.00 RTL.43765 On -Site Mobility Certification Training $15,000.00 RTL.43766 Mobility Certification Facility Reservation $2,000.00 RTL.43767 Dedicated Technical Account Manager (1 year) $40,000.00 RTL.43768 Open VPN Setup $1,250.00 Standalone Diagnostics without Mobility License RTL.43171 NetMotion Diagnostics & Alerts (25-99) $ 80.00 RTL.43172 NetMotion Diagnostics & Alerts (100-249) $ 75.00 RTL.43174 NetMotion Diagnostics & Alerts (250-499) $ 70.00 RTL.43175 NetMotion Diagnostics & Alerts (500-999) $ 65.00 RTL43176 NetMotion Diagnostics & Alerts (1,000+) $ 60.00 RTL.43182 NetMotion Diagnostics & Alerts Premium Maintenance 1 YEAR 25% of tcv *1 RTL.43183 NetMotion Diagnostics & Alerts Premium Maintenance 2 YEAR 22% of tcv *2 RTL.43184 NetMotion Diagnostics & Alerts Premium Maintenance 3 YEAR 20% of tcv *3 RTL.43185 NetMotion Diagnostics & Alerts Standard Maintenance 1 YEAR 15% of tcv *1 RTL.43186 NetMotion Diagnostics & Alerts Standard Maintenance 2 YEAR 14% of tcv *2 RTL.43187 NetMotion Diagnostics & Alerts Standard Maintenance 3 YEAR 13% of tcv *3 RTL.4174E NetMotion Diagnostics for Mobility (25-99) License (Device) - Perpetual $65.00 RTL.4175E NetMotion Diagnostics for Mobility (100-249) License (Device) - Perpetual $60.00 RTL.4176E NetMotion Diagnostics for Mobility (1000+) License (Device) - Perpetual $40.00 RTL.4178E NetMotion Diagnostics for Mobility (250-499) License (Device) - Perpetual $55.00 Page 36 of 66 685 RTL.4179E NetMotion Diagnostics for Mobility (500-999) License (Device) - Perpetual $50.00 NetMotion Diagnostics for Mobility - Cloud RTL.4180E Subscription (25-99) Subscription (one-year) $54.00 NetMotion Diagnostics for Mobility - Cloud RTL.4181E Subscription (100-249) Subscription (one-year) $51.00 NetMotion Diagnostics for Mobility - Cloud RTL.4182E Subscription (1000+) Subscription (one-year) $39.00 NetMotion Diagnostics for Mobility - Cloud RTL.4183E Subscription (250-499) Subscription (one-year) $48.00 NetMotion Diagnostics for Mobility - Cloud RTL.4185E Subscription (500-999) Subscription (one-year) $45.00 NetMotion Diagnostics for Mobility - RTL.4186E Subscription (25-99) Subscription (one-year) $54.00 NetMotion Diagnostics for Mobility - RTL.4187E Subscription (100-249) Subscription (one-year) $51.00 NetMotion Diagnostics for Mobility - RTL.4188E Subscription (1000+) Subscription (one-year) $39.00 NetMotion Diagnostics for Mobility - RTL.4189E Subscription (250-499) Subscription (one-year) $48.00 NetMotion Diagnostics for Mobility - RTL.4190E Subscription (500-999) Subscription (one-year) $45.00 NMW Diagnostics Upgrade (only for existing Locality customers that are current on RTL.4191E maintenance) License (Device) - Perpetual $55.00 Page 37 of 66 686 AT&T Mobility Application Solutions Continued AT&T GPS-Based Fleet Solutions AT&T Fleet Complete AT&T Fleet Complete is a unique fleet, asset, mobile workforce and dispatch management solution, which provides you with the ability to track and manage your vehicles, mobile workers and optimize your operations in a single cloud-based platform Product Code Product Name List Price Courier Complete - A complete operations management system for courier companies, including order-entry, customer CICC001 management, pricing, billing, driver management, a web module $30.00 for customer online order entry and tracking and a mobile module for real-time driver updates. Minimum of 10 subscribers must be purchased. FC Track & Dispatch - Designed for mobile resource tracking and/or dispatching of work orders. Track and Dispatch works on CITD001 $25.00 the Motorola MC55, MC65, MC75, ES400 and BlackBerry based devices. FC Fleet Tracker MGS 200 Bundle includes the MGS200 2G GPS modem with antenna and wire harness, standard installation CIFT2001 included (connecting constant power, ignition power and $37.00 ground) Fleet Complete subscription with technical support and remote training. FC Fleet Tracker MGS 500 Bundle includes MGS500 HSPA (with Ethernet port) GPS modem with antenna and wire harness, CIFT5001 standard installation included (connecting constant power, $45.00 ignition power and ground) Fleet Complete subscription with technical support and remote training. Page 38 of 66 687 Page 39 of 66 688 FC Asset Tracker Un -Bundled includes Fleet Complete CIAT001 subscription with technical support and remote training. Asset $10.00 Tracker hardware and installation NOT INCLUDED. Fleet Complete Asset Tracker Bundle includes XT5000-2G asset IATBU01 tracking device with a 10,000 mAh onboard battery, capable of $20.00 tracking unpowered assets once a day for 3 years. Courier Complete - A complete operations management system for courier companies, including order -entry, customer management, pricing, billing, driver management, a web module CICC003 for customer online order entry and tracking and a mobile $18.00 module for real-time driver updates. Minimum of 10 subscribers must be purchased. Special pricing only for existing Cl customers migrating to AT&T. Special pricing only for existing Cl customers migrating to CI FT2003 $15.00 AT&T. CIFT2018 Fleet Tracking Software $18 $18.00 CIFT2020 Fleet Tracking Software $20 $20.00 CIFT2025 Fleet Tracking Software $25 $25.00 CIFT2030 Fleet Tracking Software $30 $30.00 CIHD2005 Fleet Tracking Hardware $5 $5.00 CIHD2006 Fleet Tracking Hardware $6 $6.00 CIHD2007 Fleet Tracking Hardware $7 $7.00 CIHSMC01 HOS Multi User Code $7.00 CIHSMCO2 HOS Multi User Code $14.00 CIHSMC04 HOS Multi User Code $28.00 CIHSMC08 HOS Multi User Code $56.00 CIHSMC128 HOS Multi User Code $896.00 Page 39 of 66 688 CIHSMC16 HOS Multi User Code $112.00 CIHSMC256 HOS Multi User Code $1,792.00 CIHSMC32 HOS Multi User Code $224.00 CIHSMC512 HOS Multi User Code $3,584.00 CIHSMC64 HOS Multi User Code $448.00 CISSMC01 Legacy-Suite Multi User Code $18.00 CISSMCO2 Legacy-Suite Multi User Code $36.00 CISSMC04 Legacy-Suite Multi User Code $72.00 CISSMC08 Legacy-Suite Multi User Code $144.00 CISSMC128 Legacy-Suite Multi User Code $2,304.00 CISSMC16 Legacy-Suite Multi User Code $288.00 CISSMC256 Legacy-Suite Multi User Code $4,608.00 CISSMC32 Legacy-Suite Multi User Code $576.00 CISSMC512 Legacy-Suite Multi User Code $9,216.00 CISSMC64 Legacy-Suite Multi User Code $1,152.00 CIATMC01 Resource Tracker Multi User Code $5.00 CIATMCO2 Resource Tracker Multi User Code $10.00 CIATMC04 Resource Tracker Multi User Code $20.00 CIATMC08 Resource Tracker Multi User Code $40.00 CIATMC128 Resource Tracker Multi User Code $640.00 CIATMC16 Resource Tracker Multi User Code $80.00 CIATMC256 Resource Tracker Multi User Code $1,280.00 CIATMC32 Resource Tracker Multi User Code $160.00 Page 40 of 66 689 CIATMC512 Resource Tracker Multi User Code $2,560.00 CIATMC64 Resource Tracker Multi User Code $320.00 SKU Code Product Description Price 40004 Cigarette Lighter Adapter $25.00 40005 Driver ID Kit including programming device, ID reader, buzzer, ID tag, keyfob and installation $125.00 40006 Driver ID Kit including ID reader, buzzer, ID tag, key fob and installation $95.00 40007 30ft cable 12 BIT and installation $200.00 40008 48 ft cable 12 BIT and installation $220.00 40009 10' CAT6 (500 MHz) Ethernet Network Cable - Blue $5.00 40010 Extended Warranty year two & three (MGS200) $100.00 40011 Extended Warranty year two & three (MGS500) $150.00 40012 Refurbished Out of Warranty MGS200 GPS modem (subject to availability) $240.00 40013 Wi-Fi access point $260.00 40014 Wi-Fi access point installation $75.00 40015 GMI-GNX-PX0000 - Port Expender (MGS200) and installation $125.00 40016 Deactivated now its/42218 (125-130) Standard Installation $130.00 40017 Construction Equipment installation $250.00 40018 On -Site (non -warranty) Service Call $275.00 40019 No -Show Charge (Client Must call 24hr in advance to cancel appointment) $550.00 Page 41 of 66 690 Page 42 of 66 691 Fee PER TRIP to install MGSX00's in vehicles at a customer's location anywhere in the United States. During an 8 -hour work day an installer may complete 6 to 8 installations assuming the 40020 $75.00 vehicles are available as needed. If the installer arrives at the customer's site and the vehicles are not available a No -Show fee of $400 will be charged to the customer. 40021 133PPSHIP-SHIPPING $45.00 40022 FC Fleet Tracker MSG200 2G Replacement Hardware $325.00 MSG500 - GMI-CAB-MGS200 - Power Harness, MGS200 (2 fuse, 40023 $600.00 2 meter) 2G XT5000 Replacement - GMI-CAB-240011 - Auxiliary 40024 $205.00 Harness, 18 pin for MGS500 40108 XT5000_2G_183 $184.00 40109 CICCETFCHARGE $250 $250.00 40110 CITDETFCHARGE $250 $250.00 40111 CIFT200ETFCHARGE $250 $250.00 40112 CIFT500ETFCHARGE $450 $450.00 40113 CIATETFCHARGE $150 $150.00 40114 Plastic Enclosure $30.00 41838 FC Fleet Tracker MSG200 2G Blowout Promo $155.00 FC Fleet Tracker XT5000 New Device 2G Blowout Promo (sold 41839 $99.00 with 2G Asset Tracker) GMI-CAB-450000 - MGS500 WiFi POE Adapter with 12 pin 42219 $20.00 power plug 74931 GMI-CAB-MGS500 - Power Harness, MGS500 (2 fuse, 2 meter) $15.00 74933 GMI-CAB-120280 - Garmin Data Cable, MGS200 (w/Power) $15.00 Page 42 of 66 691 74934 GMI-CAB-120290 - Data cable, Garmin Traffic for 2xx,5xx,465t,13xx,14xx MHS200 (w/Power) $20.00 74935 Power Harness, MGS500 (2 fuse, 2 meter) $15.00 74936 Garmin Data Cable, MGS200 (w/Power) $65.00 74937 Data cable, Garmin Traffic for 2xx,5xx,465t,13xx,14xx MHS200 (w/Power) $145.00 74938 Garmin Data Cable, MGS500 (w/Power) $65.00 74939 Data Cable, MGS500, for Garmin Traffic for 2xx, 5xx, 465t, 13xx, 14xx $145.00 74940 Small Door Sensor and installation $85.00 74941 Large Door Sensor and installation $150.00 74942 PTO Sensor and installation $85.00 74943 Emergency Button and installation $85.00 74944 Roof mount SMCf Antenna $60.00 74945 MR900 Micro receiver with one way signaling, receive only $575.00 74946 T -Pass LTX200-A Transmitting PASS with one way signaling, auto on actionation $800.00 42557 Professional Services $125.00 42558 AT1000 Hardware $155.00 RTL.4079C Covert Antenna- $25 $25.00 RTL.4080C Removal- $70 $70.00 RTL.4077C Removal and reinstallation - $200 $200.00 RTL.4093C AT1000 Wall Charger- $35 $35.00 RTL.4128C AT1000 Magnetic Cradle- $35 $35.00 Page 43 of 66 692 RTL.4469C AT1000 Temp Sensor- $86 $86.00 RTL.4023C OBDII Cable- $15 $15.00 RTL.4553C Driver ID Key Tag and Fob- $7.45 $7.45 RTL.4569c 6/9 pin Molex connectors- $24 $24.00 RTL.4073C MGS J-Box with Bluetooth kit- $40 $40.00 RTL.4025C Installation training/ per hour- $100 $100.00 RTL.4024C Qpuck Satellite Failover with install @ $685 $685.00 RTL.4393F FLEETCOMPLETEAT1000HARDWARE $199.00 RTL.4392F MGS150CABLE $20.00 RTL.4118H MGS700 Fleet Tracker $155.00 RTL.4169H 6 pin Y cable $20.00 RTL.4165H 9 pin Y Cable $20.00 RTL.4156H 6 pin to 9 pin cable $15.00 RTL.4157H MGS100/700 OBDII IOY DID $20.00 RTL.4158H MGS100/700 9 pin right angle T2 $35.00 RTL.4159H MGS700 9 Pin IOY Flange 10FT $35.00 RTL.4160H MGS100/700 9 pin T2 IOY $35.00 RTL.4162H MGS100/700 9 pin T2 IOY Flange $35.00 RTL.4163H MGS100/700 9 pin IOY Flange $35.00 RTL.4161H MGS100/700 9 pin IOY $35.00 RTL.4164H MGS100/200/700 PH DID ready $15.00 Page 44 of 66 693 AT&T Mobility Application Solutions Continued AT&T GPS -Based Fleet Solutions AT&T Fleet Management AT&T Fleet Management delivers fleet Pro Plan (GeoTab) tracking information in near -real time ProPlus Plan $25.20 via a single interface. Product Code Description List Price FMEBASENC Base Plan $11.00 FMEPRONC Pro Plan $21.50 FMEPLUSNC ProPlus Plan $25.20 FNG50MBET 50meg Data Plan $5.49 FME6MB 6meg Data Plan $2.50 FMEBMB 8meg Data Plan $2.80 FNG10MBPI 10meg Data Plan $3.49 4756P Rugged G09 $119.00 4562Q Rugged G09 FN $119.00 4719L G09 $69.00 4648N G09 FN $69.00 44871 16 pin harness $33.00 45101 9 pin harness $33.00 4040M Rugged harness $33.00 45011 6 pin harness $33.00 45061 NFC Fobs $67.00 4965Q NFC Reader $100.00 44171 Shipping Charge $49.00 45421 Activation Fee $30.00 Page 45 of 66 694 AT&T Mobility Application Solutions Continued AT&T Enterprise Content Box from AT&T Box from AT&T is a scalable enterprise - Management Solutions grade solution that enables agencies to better manage content and collaborate more effectively — all in a highly secure cloud workspace. With Box from AT&T, agencies can manage, access, and share information from virtually anywhere. Box enables users to upload, view, edit, and distribute content from virtually any web -enabled device. In the office or on the field, users will be able to access on their desktop PC, laptop, smartphone and tablet. Native mobile apps are available for all major mobile operating systems including iOS, AndroidT"^, Windows°, and BlackBerry Product Description Product Code List Price BOX FROM ATT BUSINESS 1YR RTL.4721C $180.00 BOX FROM ATT BUSINESS PLUS 1YR RTL.4997C $285.00 BOX FROM ATT ENTERPRISE 1YR RTL.4998C $399.00 BOX FROM ATT ELITE 1YR RTL.4946D $627.00 BOX BUSINESS W PREM SVCS 1YR RTL.4014E $207.00 BOX BUSINESS PLUS W PREM SVCS 1YR RTL.4026E $327.75 BOX ENTERPRISE W PREM SVCS 1YR RTL.4027E $458.85 BOX BUSINESS W PLAT 1YR RTL.4253F $225.00 BOX BUSINESS PLUS W PLAT 1YR RTL.4252F $356.28 BOX ENTERPRISE W PLAT SVCS 1YR RTL.4251F $498.72 Page 46 of 66 695 AT&T Mobility Application Solutions Continued AT&T Public Safety Solutions Rave Mobile Safety Rave Mobile Safety provides innovative emergency and public safety technology to help save lives. The Rave platform integrates data and communication tools to help those in charge of keeping others safe prepare better, respond faster and communicate more effectively in emergency situations. Thousands of agencies and institutions across law enforcement, 9-1-1, state and local emergency management agencies, corporations, healthcare organizations, K-12 districts, colleges and universities depend on Rave's award-winning software solutions Product Name Product Code Product Description List Price Rave Guardian (< 20,000 FTE RG-AE-1001-1 Rave Guardian per user. Annual fee $10.00 ("Full Time Equivalent") Rave Guardian Set-up RG-SE-2000 Rave Basic Guardian set-up including Rave's $2,000.00 standard email authentication. One-time fee Rave Guardian (< 20,000 FTE) RG-A-1001-1 Rave Guardian per position for schools with $6,000.00 an FTE less than 20,000. Annual fee Rave Guardian (> 20,000 FTE) RG-A-1001-2 Rave Guardian per position for schools with $10,000.00 an FTE more than 20,000. Annual fee Rave Guardian Set-up RG-S-2000 Rave Basic Guardian set-up including Rave's $2,000.00 standard email authentication. One-time fee Rave Panic Button Setup RPB-S-2000 Rave Panic Button Setup - per school, one- $500.00 time fee Rave Command View for Rave RCV-A-1001 Rave Command View for Panic Button $6.00 Panic Button Facilities. Per authorized listed Panic Button Page 47 of 66 696 Page 48 of 66 697 user/ year. Requires Rave Panic Button. Annual fee Rave Panic Button RPB -K12-1000 A phone application -based system with $1,800 optional 9-1-1 integration that works for all hazards. Rave Panic Button for K12 - Cost per school / year; (minimum $5,400 per year). Annual fee. Rave Panic Button Setup RP13-K12-2000 Rave Panic Button Setup - per school, one- 20% of RPB - time fee K12-1000 annual fee Rave Command View for K12 for RCV-K12-1001 Rave Command View for Panic Button K12 $100 Rave Panic Button Facilities. Requires Rave Panic Button. $100 per each login (2 logins included) Annual fee Rave EyeWitness RE -A-1000 Requires RA -A-1000 Pricing is based on $0.10 population $2,000 Minimum. Additional Keywords available at $1,500 per keyword per year. Annual fee Rave EyeWitness Additional RE -A -1000 -KW Requires RE -A-1000 Each Additional $1,500.00 Keyword Keywords available at $1,500 per keyword per year. Annual fee Rave EyeWitness Set-up RE -5-2000 Rave EyeWitness Set-up $1,800.00 CAP inbound/outbound API for RACAP-A-1000 Required for IPAWS - priced per FTE / $0.05 Rave Messenger Resident. Annual fee Development Sandbox License RD -A-1000 Additional Rave Messenger Development $2,500.00 Environment. NOTE: If annual license is MORE than $12,500, the development license fee is 20% of annual license fee. Annual fee Premium SMS Messaging for RAP -A-1000 Premium SMS Messaging for Rave $0.05 Rave Messenger Messenger throughput - Priced per FTE. Annual fee Rave Messenger Basic RA -A -1000-B Unlimited Text - SMPP/SMS thru admin $1.50 console, RSS, Email. $2,500 minimum purchase. Does not include Premium SMS Messaging. priced per FTE. Annual fee Rave Messenger Inbound 800 RA -A-1002 Requires RV -S-2000. Price includes 10,000 $1,400.00 Service 30 second increments. Annual fee Rave Messenger Social Media RASM-A-1000 Rave Messenger Social Media Integration - $0.05 Integration priced per FTE. Annual fee Rave Inbound Toll -Free Number RV -A-1003 Per minute cost for inbound Toll -Free $0.14 for Messaging/ Minutes Number. Annual fee Page 48 of 66 697 Rave SMS to Opt -in SMS -A-1000 For Higher Ed and Corporate Customers - $2,500.00 Priced per keyword. Must purchase Rave Messenger. Minimum price of $2,500 per keyword / $1,500 per additional keyword. Annual fee Rave Voice Add-on Module RV -A-1000 Enables voice messages to be delivered to $1.25 mobile phones and landlines. $1,500 minimum purchase; Requires purchase of Rave Messenger. priced per FTE. Annual fee CAP Inbound/Outbound API One- RACAP-S-1000 Setup fee for CAP Inbound/outbound API $500.00 Time Setup Integration. One-time fee Rave Messenger for Public Safety R911SPRA-S- Requires purchase of Rave Messenger for $2,000.00 One -Time Setup 1000 Public Safety. This is a one-time setup fee Rave Messenger Set-up (Basic) RA -S-2000 Requires RA -A-1000. One-time fee $1,800.00 Rave Messenger Social Media RASM-S-1000 Rave Messenger Social Media Integration $500.00 Integration Setup Setup. One-time fee Rave Inbound 800 Service Setup RV -S-2001 Requires RA -A-1002 or RV -A-1003. One- $1,000.00 time fee Rave Voice Set-up RV -S-2000 Requires RV -A-1000. One-time fee $1,800.00 RAU-S-2000 One-time fee set-up for Rave's Alertus $1,800.00 integration. One-time fee IPAWS R911SPRA-S- Requires purchase of SmartPrepare with $2,000.00 1001 Alert. This is a one-time setup fee LDAP/CAS/SSO/Shibboleth RA -S-2003 Utilizes your organization's existing Single $1,000.00 Authentication Integration Sign on authentication system for user authentication. By utilizing an existing user identity, users will not need a separate User ID and Password to access the Rave Mobile Safety system. Annual fee. Rave Messenger for Enterprise R911SPRAE- Requires purchase of Rave Messenger for $1,800.00 One -Time Setup 1001 Enterprise. This is a one-time setup fee Rave Messenger for Enterprise R911SPRAE- Alert - priced per user. $2,500 minimum. $4.00 1000 Annual fee. Rave Messenger for Enterprise RV -AE -1000 Voice add-on. Requires Rave Messenger $2.00 Voice Add On R911SPRAE-1000. Priced per user. $1,500 minimum. Annual fee Rave Messenger for Enterprise RV -AE -1001 Voice add-on setup. One-time fee $1,800.00 Voice Add On One -Time Setup Rave SMS to Opt -in for Enterprise SMS -PS -AE- For Enterprise Customers - Priced per user 1000 at $0.05 per user for first keyword with each additional keyword at $500/keyword. Must purchase Rave Messenger for Page 49 of 66 698 Page 50 of 66 699 Enterprise. Minimum price $500, and each additional keyword is a $500. Annual fee Rave Messenger for Enterprise R911SPRAE- Must purchase SmartPrepare with Alert; $0.05 Loaded Landlines 1001 priced per land line. Annual fee Premium SMS Messaging for R911SPRAP- Premium Messaging for Rave Messenger $0.05 Rave Messenger for Enterprise AE-1000 for Enterprise throughput - this utilizes SMPP gateway binds instead of web services - Priced per user. Annual fee Rave Messenger for Enterprise R911SPRASM- Rave Messenger for Enterprise Social Media $0.01 Social Media Integration AE-1000 Integration - Priced per user. Annual fee Rave SMS to Opt-in for Public SMS-PS-A- For State & Local Customers - Priced per $0.05 Safety 1000 resident at $0.05 per resident for first keyword with each additional keyword at $500/keyword. Must purchase Rave Messenger for Public Safety. Minimum price $500, and each additional keyword is a $500. Annual fee CAP inbound/outbound API for R911SPRACAP- Required for IPAWS - priced per resident. $0.02 Rave Messenger for Public Safety A-1000 Annual fee Premium SMS Messaging for R911SPRAP-A- Premium Messaging for Rave Messenger $0.02 Rave Messenger for Public Safety 1000 for public safety throughput - this utilizes SMPP gateway binds instead of web services - Priced per resident. Annual fee Rave Messenger for Public Safety R911SPRA- SmartPrepare with Alert - priced per $0.20 1000 person. Annual fee Rave Messenger for Public Safety R911SPRA- Must purchase SmartPrepare with Alert; $0.25 Loaded Landlines 1001 priced per land line. Annual fee Rave Messenger for Public Safety R911SPRA- Must purchase Rave Messenger for Public $200.00 Procurement per 1,000 phone 1002 Safety; priced per unit (1 unit = 1,000 numbers phone numbers) Annual fee Rave Messenger for Public Safety R911SPRASM- Rave Messenger for Public Safety Social $0.02 Social Media Integration A-1000 Media Integration - Priced per resident. Annual fee Rave Smart Loader Annual RA-AS-2001 Automatically add, edit, and delete users $1,800.00 Integration and groups within your Rave Mobile Safety System. Seamlessly integrates with all major SIS and HR systems including SunGard, Datatel, PeopleSoft, Oracle, and others via standard data exports and batch CSV processes. Annual fee. Daily Technical Consultant I RPS-S-2000A Rate for Professional Services. Cost per $225.00 hour Page 50 of 66 699 Daily Technical Consultant II RPS-S-2000B Rate for Professional Services. 8 Hours / $1,800.00 One-time fee Daily Technical Consultant III RPS-S-2000C Rate for Professional Services. 8 Hours / $1,600.00 One-time fee Daily Technical Consultant IV RPS-S-2000D Rate for Professional Services. 8 Hours / $1,400.00 One-time fee Rave On-site Training ROnsite-S- Rave On-site Training. Per day plus travel $2,400.00 2004 and expenses Rave 911 (Smart911) Setup and R911-S-2000 Setup and configuration of Rave 911 $10,000.00 Configuration per PSAP (Smart911). Requires license for Rave 911 (Smart911). Price is per PSAP. One-time fee Rave CAD (Computer-Aided R911CAD-S- Rave CAD Integration; Requires purchase of $3,600.00 Dispatch) Integration Setup 2000 Rave 911 (Smart911). One- time fee Rave CAD Integration R911CAD-S- Rave CAD Integration; Requires purchase of $200.00 Maintenance 2001 Rave 911 (Smart911). Priced per call taking position, minimum of $3,600 RapiclSOS Service Data R911RapidSOS- RapiclSOS Service Data - Must purchase $0.00 A-1000 Rave 911 (Smart911) Suite Basic, Suite Standard or Location Annual fee. Required Rave 911 (Smart911) Backup R911X-A- Backup license, Priced per call taking $1,000.00 License 1000BU position. Annual fee Rave 911 (Smart911) First R911FR-A- First Responder View; Priced per user; $100.00 Responder View 1000 Requires Rave 911 (Smart911) purchase. Annual fee Rave 911 (Smart911) Suite Basic R911Basic-A- Priced per call taking position; Includes $4,000.00 1000 Chat, Notes, Facility, RapidSOS Service Data, 911 Panic Button Integration Software, .NET App. Annual fee Rave 911 (Smart911) Suite R911Standard- Priced per call taking position. Includes $6,400.00 Standard A-1000 Smart911Safety Profile, Chat, Notes, Facility, RapiclSOS Service Data, 911 Integration Software, .NET App, 30 First Responder View Users. Annual fee Rave 911 (Smart911) Text Chat R911Chat-A- Rave 911 (Smart911) Component - Text $1,500.00 1000 Chat. Annual fee Rave Analytics RAN-A-1000 Priced per call processed with a minimum $0.01 of $1,000 per year. Annual fee Rave Command View for RCV-A-1000 Priced per named user login. Annual fee $1,500.00 Rave911 Rave 911 (Smart911) Call Notes R911Notes-A- Rave 911 (Smart911) Component - Call $7,500.00 1000 Notes - Priced per call taking position. Annual fee Rave 911 (Smart911) Profile R911Profile-A- Rave 911 (Smart911) component - $2,000.00 1000 Smart911 Profile only. Annual fee Page 51 of 66 700 Rave 911 (Smart911) Location R911Location- Rave 911 (Smart911) Component — $1,000.00 A-1000 Location - Priced per call taking position. Annual fee Rave 911 (Smart911) Facilities R911Facilities- Rave 911 (Smart911) Component - Facility $1,000.00 A-1000 Profile - Priced per call taking position. Annual fee Rave Prepare One -Time Setup RP -S-2000 RavePrepare Setup and Configuration. $3,600.00 Fee Requires Rave Prepare License. One-time fee Rave Prepare Add -On to Rave RPAddOn-A- Rave Prepare Add -On to Rave Messenger $0.02 Messenger 1000 Annual License Fee; Priced per population; Minimum $2,500. Annual fee Rave Prepare Premium Support RP- Rave Premium Support Add-on to Rave $0.02 Add-on Annual Fee PremSupport- Prepare Stand Alone; Priced per Population; A-1000 Minimum $2,000. Annual fee Rave Prepare Stand Alone Annual RPStandAlone- Rave Prepare Stand Alone Annual License $0.08 License A-1000 Fee; Priced per population; Minimum $5,000. Annual fee Page 52 of 66 701 AT&T Mobility Application Solutions Continued AT&T Managed Applications —The Mutualink Interoperable Response and Preparedness Platform (IRAPP)* AT&T Mutualink Interoperable Several Components delineated Enhance response for public safety Response and Preparedness herein and in pricing agencies, hospitals, schools, and Platform (IRAPP) critical infrastructure entities by utilizing the Mutualink Interoperable Response and Preparedness Platform (IRAPP) network. Not only will police, fire or emergency management agency achieve new levels of secure, advanced communications, including voice, video, data and radio interoperability, but you are connecting into vast growing network of partners. New levels of interconnectivity for collaboration and coordination for event and incident management emerge Page 53 of 66 702 Product Line Item State/Local,Gov & Nonprofits First Yr Recurrent Equipment Setup Annual Annual Wholesale One Time 7��`7),�w717,,1"v�olol' Enterprise (Primary Site) Additional Site,1 Network Provisioning & Setup (Per Site) Staging/Testing (Per Site) Program Management (Per Site) User Training \(Per Site) IWS Client (with EDM & IWS Mobile Access) IWS Clients 2-5 IWS Clients 6-50 IWS Clients 50-1000 IWS Clients 1000+ A�dIId'I`� IWSII Mobile IlClients Enterprise Multmedia PTT Clients (Min of 5) Enterprise Multmedia PTT Clients 6 - 100 Enterprise Multmedia PTT Clients 101 - 1000 �Enterprise M1�ultmedia^ PTTuClients 1001+ IWS Appliance (w/ Speaker/Microphone) IWS Portable Workstation (w/ Speaker/Mic) S1�p11ea1tk\e\\\\\\r/Microphone (Incl w/ Appliance) Standard Radio Interconnect (Per Port) Advanced Radio Switch Interconnect 1 Port Gateway 2 Port Gateway 4 Port Gateway Video Interconnect (Per Port) Video Streaming Device 1 Port Gateway @@2 Port Gateway Telephone Interconnect (Per Port) ggp1 Port Gateway elqqq Al, Portable Domestic Go Kit (4R and 2V) Compact Got Kit (4R and 2V) Compact Got Kit (2R and 2V) Soft Panic/Facility (Govt/Commercial) Panic Button Interface (Non -ML Sold) No Charge No Charge No Charge No Charge 1,060.00 400.00 666.67 265.33 2,079.48 2,399.40 1,455.48 1,679.40 1,247.48 1,439.40 987.48 1,139.40 883.48 1,019.40 290.68 335.40 82.68 95.40 72.28 83.40 61.88 71.40 51.48 59.40 1,911.76 2,676.47 302.35 415.48 479.40 1,247.48 1,439.40 1,333.33 1,525.59 1,835.29 2,294.12 488.28 563.40 2,333.33 1,525.59 1,835.29 415.48 479.40 1,525.59 1,544.28 1,781.86 34,665.80 1,544.28 1,781.86 21,665.80 1,286.90 1,484.89 19,065.80 1,500.00 1,620.00 1,133.33 426.67 480.00 532.00 Page 54 of 66 703 Product L'rne Item First Yr Annual K-12 Discounted Priding , Recurrent Equipment Setup Annual Wholesale One Time Enterprise (Primary Site) Addiytiion�al Site Network Provisioning & Setup (Per Site) Staging/Testing (Per Site) Program Management (Per Site) User Training (Per Site) IWS Client (with EDM & IWS Mobile Access) IWS Clients 2-5 IWS Clients 6-50 IWS Clients 50-1000 IWS Clients 1000+ Ad1d'II I1pW1� SlµMobile Clie11nt�ys� �1 Enterprise Multmedia PTT Clients (Min of 5) Enterprise Multmedia PTT Clients 6 - 100 Enterprise Multmedia PTT Clients 101 - 1000 �PTT Enterprise IMultmedia pClients 1001+ IWS Appliance (w/ Speaker/Microphone) IWS Portable Workstation (w/ Speaker/Mic) Speaker/Microphone (Incl w/ Appliance) Standard Radio Interconnect (Per Port) Advanced Radio Switch Interconnect 1 Port Gateway 2 Port Gateway 4 Port Gateway Video Interconnect (Per Port) Video Streaming Device 1 Port Gateway @2 Port Gateway Hq &11(6111: 1 Telephone Interconnect (Per Port) 1 Port Gateway K-12 Interconnect (Radio and Video) K-12 „Gateway (2 Port) Portable Domestic Go Kit (4R and 2V) Compact Got Kit (4R and 2V) Compact Gott Kit (2R and 2V) Soft Panic/Facility (K-12) Panic Button Interface (Non -ML) No Charge No Charge No Charge No Charge 1,060.00 400.00 666.67 265.33 1,039.79 1,199.76 727.79 839.76 623.79 719.76 493.79 569.76 441.79 509.76 207.48 239.40 82.68 95.40 72.28 83.40 61.88 71.40 51.48 59.40 1,911.76 2,676.47 302.06 207.79 239.76 623.79 719.76 1,333.33 1,525.59 1,835.29 2,294.12 244.19 281.76 2,333.33 1,525.59 1,835.29 207.79 239.76 1,525.59 451.99 521.52 1,835.29 1,544.28 1,781.86 34,665.80 1,544.28 1,781.86 21,665.80 1,286.90 1,484.89 19,065.80 1,500.00 1,620.00 532.00 426.67 480.00 532.00 Page 55 of 66 704 Product Line Item Other Pricing Elements MSRP MSRP Equipment Setup Monthly Annual Wholesale One Time Monthy Roll-Call - per session Annual Tabletop Exercise Incident Command System Basic Training 1 RU Power Distrib. Shelf, w/Inter Pwr Supply Misc Installation Parts Control Station Install Kit Mutualink VCD-1 iinkq�HIV\\�} �11N1IC D�- 2 IpIN� �IMu�\t u� all link Customer Shipper 40.00 per facility 798.40 per facility 318.40 per person 250 556 328 443 443 TBD Local Site Install Technician - 5 Hours Block (over 60 mi from ML location) 1,000 Local Site Install Technician - 4 Hours Block (over 60 mi from ML location) 800 Local Site Install Technician - Over 4 hours (per hour) 200 Non-local Site Install Service (per day) 2,000 Non-local Travel Charge -Same Day Return (per trip) 1,333 Non-local Travel (Continental US) - Multiday (per trip) 2,133 Non-local Travel (All Other) - Multiday (per trip) 6,000 Non-local Travel Per Diem Expense (Continental US) 300 Remote Network Engineering Services (per hour) 333 Third Party Systems Integration custom *These pricing elements are the same price regardless of Gov't or K12 designation A custom Statement of Work will be provided for each opportunity detailing the solution design, deliverables, roles and responsibilities and expectations. Discounts are available and based upon opportunity size, value, and complexity. Page 56 of 66 705 AT&T Mobility Application Solutions Continued Product List MES Essentials MES Essentials Per Device Monthly MES Essentials Per Device 1 year MES Essentials Per Device 2 year MES Essentials Per Device 3 year MES Advanced MES Advanced Per Device Monthly MES Advanced Per Device 1 year MES Advanced Per Device 2 year MES Advanced Per Device 3 year MES Premium MES Premium Per Device Monthly NRC MRC Mobile Threat Defense Lookout Mobile Lookout Mobile Endpoint Security Price Endpoint Security makes it easy to get visibility into the NA (MES) entire spectrum of mobile risk, apply 4169Q $60.00 policies to measurably reduce that risk, MES-E-UIY-PD 4130Q and integrate into your existing security NA MES-E-U2Y-PD and mobile management solutions. $180.00 NA Lookout Mobile Endpoint Security helps LOMAD NA to secure corporate data by providing MES-A-UIY-PD 4172Q protection from app -based, device - NA MES-A-UIY-PD based, network -based, and $168.00 NA web/content-based risks. Lookout's 4131Q $252.00 Continuous Conditional Access enables MES-A-U3Y-PD LOMPD only trusted devices to connect to TBD MES-P-UIY-PD enterprise infrastructure and data, for both managed and unmanaged deployments Product List MES Essentials MES Essentials Per Device Monthly MES Essentials Per Device 1 year MES Essentials Per Device 2 year MES Essentials Per Device 3 year MES Advanced MES Advanced Per Device Monthly MES Advanced Per Device 1 year MES Advanced Per Device 2 year MES Advanced Per Device 3 year MES Premium MES Premium Per Device Monthly Page 57 of 66 706 NRC MRC SOC SKU Price Price Vendor SOC/SKU LOMED NA $6.65 MES-E-UIY-PD 4169Q $60.00 NA MES-E-UIY-PD 4130Q $120.00 NA MES-E-U2Y-PD 4121Q $180.00 NA MES-E-U3Y-PD LOMAD NA $9.31 MES-A-UIY-PD 4172Q $84.00 NA MES-A-UIY-PD 4133Q $168.00 NA MES-A-U2Y-PD 4131Q $252.00 NA MES-A-U3Y-PD LOMPD NA TBD MES-P-UIY-PD Page 57 of 66 706 MES Premium Per Device -1yr 4168Q $144.00 NA MES-P-UIY-PD MES Premium Per Device - 2yr 4134Q $288.00 NA MES-P-U2Y-PD MES Premium Per Device - 3yr 4120Q $432.00 NA MES-P-U3Y-PD MES Cloud Key ENT -SPT -MES -PRM MES Base Prem per Device - 3yr 4160Q MES Cloud Key Per Device - 1yr 4163Q $24.00 NA MES-FP-CKEY-UIY-PD MES Cloud Key Per Device - 2yr 4123Q $48.00 NA MES-FP-CKEY-U2Y-PD MES Cloud Key Per Device - 3yr 4128Q $72.00 NA MES-FP-CI<EY-U3Y-PD Threat Intelligence - Premium - 3yr 4145Q $34.29 NA Threat Intelligence - Premium 4165Q $112,500.00 NA TA -ENT -P-1 Pro Sery - Premium MES Premium per Device Monthly LOMPD NA $2.29 ENT -SPT -MES -PRM MES Base Prem per Device - 1yr 4125Q $9.15 NA ENT -SPT -MES -PRM MES Base Prem per Device - 2yr 4132Q $18.30 NA ENT -SPT -MES -PRM MES Base Prem per Device - 3yr 4160Q $27.45 NA ENT -SPT -MES -PRM MES Essnt Prem per Device - 1yr 4127Q $11.43 NA ENT -SPT -MES -PRM MES Essnt Prem per Device - 2yr 4122Q $22.86 NA ENT -SPT -MES -PRM MES Essnt Prem per Device - 3yr 4145Q $34.29 NA ENT -SPT -MES -PRM MES Adv Prem per Device - 1yr 4166Q $16.00 NA ENT -SPT -MES -PRM MES Adv Prem per Device - 2yr 4139Q $32.00 NA ENT -SPT -MES -PRM MES Adv Prem per Device - 3yr 4138Q $48.00 NA ENT -SPT -MES -PRM MES Prem Prem per Device - 1yr 4167Q $27.43 NA ENT -SPT -MES -PRM MES Prem Prem per Device - 2yr 4149Q $54.86 NA ENT -SPT -MES -PRM MES Prem Prem per Device - 3yr 4136Q $82.29 NA ENT -SPT -MES -PRM Pro Sery - Premium Plus MES Premium Plus per Device Monthly LOPPD NA $4.29 ENT-SPT-MES-PRMPLS MES Base Prem Plus per Device - 1yr 4161Q $17.15 NA ENT-SPT-MES-PRMPLS MES Base Prem Plus per Device - 2yr 4140Q $34.30 NA ENT-SPT-MES-PRMPLS MES Base Prem Plus per Device - 3yr 4142Q $51.45 NA ENT-SPT-MES-PRMPLS MES Essnt Prem Plus per Device - 1yr 4171Q $21.43 NA ENT-SPT-MES-PRMPLS MES Essnt Prem Plus per Device - 2yr 4148Q $42.86 NA ENT-SPT-MES-PRMPLS MES Essnt Prem Plus per Device - 3yr 4143Q $64.28 NA ENT-SPT-MES-PRMPLS MES Adv Prem Plus per Device - 1yr 4162Q $30.00 NA ENT-SPT-MES-PRMPLS MES Adv Prem Plus per Device - 2yr 4137Q $60.00 NA ENT-SPT-MES-PRMPLS MES Adv Prem Plus per Device - 3yr 4135Q $90.00 NA ENT-SPT-MES-PRMPLS MES Prem Prem Plus per Device - 1yr 4170Q $51.43 NA ENT-SPT-MES-PRMPLS MES Prem Prem Plus per Device - 2yr 4147Q $102.86 NA ENT-SPT-MES-PRMPLS MES Prem Prem Plus per Device - 3yr 4144Q $154.29 NA ENT-SPT-MES-PRMPLS Pro Sery - Cloud Key MES Cloud Key Security Support - 1yr 4164Q $4.58 NA ENT-SPT-MNES-FP-PRMPLS-U1Y Page 58 of 66 707 MES Cloud Key Security Support - 2yr 4141Q $9.16 NA ENT-SPT-MNES-FP-PRM PLS-U 2Y MES Cloud Key Security Support - 3yr 4146Q $13.74 NA ENT-SPT-MNES-FP-PRM PLS-U3Y Remote QS Deploy Sery - 4Hr 4146P $1,500.00 NA QSD-PS Remote QS Deploy Sery - 2Hr 4150P $750.00 NA QSD-PS-EXPRESS Page 59 of 66 708 AT&T Mobility Application Solutions AT&T FirstNet Control Center AT&T FirstNet Control Center Platform Platform AT&T FirstNet CC will give you global visibility into the activity of all your SIMs on the AT&T network, but more than that, use this proven platform to: Drive efficiency and profitability, empowered with robust self-service tools for provisioning, real-time diagnostics, usage controls, and more. The CC Portal gives you 24x7 access to your wireless account, so you can more productively and efficiently manage your services. Control Costs – Start with a no -touch activation experience— automatically activating your devices on the network as soon as your end users or installers switch them on in the field. Then utilize automated overage controls, notifications, and rules to control costs once your devices are in use. Eliminate manual efforts and use the automation engine in the AT&T CC to save time and money. Automation Engine –Streamline your business processes and scale faster using a powerful automation engine to programmatically control your devices. Monitor SIMs, usage, rate plans, or other elements of your connected device business and trigger actions to run automatically when critical events occur. Page 60 of 66 709 Page 61 of 66 710 Gain Strategic Insight—Get the intelligence you need to manage your connected device business for maximum efficiency. AT&T CC puts everything from data utilization and costs to performance and provisioning status at your fingertips. You'll see important usage trends, which devices cost the most, and whether your devices are working as expected in the field. Troubleshoot Problems Instantly – Run detailed diagnostics on any device, online and in real-time, whether on the AT&T network or roaming internationally. Check provisioning status, see connection session history, and view real-time connectivity status. Immediately identify connectivity issues and get the information you need to get them resolved quickly. CC may require a Commercial Connectivity Services (CCS) APN • FirstNet CC supports all approved FirstNet Data plans listed in the AT&T MCS End User Price List Page 61 of 66 710 AT&T Dedicated Internet (ADI) Solution Continued Product Code Monthly Recurring Charges ADI-1GB VPN -C One Time Charges Product Name AT&T Dedicated Internet (ADI) connection (1 GB) VPN Concentrator List Price $7,000/Month $750/Month Install -Svcs Installation of VPN Concentrator $3,000/per device *AT&T Dedicated Internet as well as the VPN Concentrator options are intended to be used in conjunction with AT&T cellular/mobility services only. Pricing is subject to change based on the specific location. Page 62 of 66 711 AT&T Dedicated Internet (ADI) AT&T AT&T Dedicated Internet provides carrier class, fiber based, synchronous internet connectivity Product Code Monthly Recurring Charges ADI-1GB VPN -C One Time Charges Product Name AT&T Dedicated Internet (ADI) connection (1 GB) VPN Concentrator List Price $7,000/Month $750/Month Install -Svcs Installation of VPN Concentrator $3,000/per device *AT&T Dedicated Internet as well as the VPN Concentrator options are intended to be used in conjunction with AT&T cellular/mobility services only. Pricing is subject to change based on the specific location. Page 62 of 66 711 AT&T Private Mobile Connection Custom APN Solution Continued MPLS ePVC charges MRC Page 63 of 66 712 AT&T Private Mobile Connection (PMC) AT&T The AT&T Private Mobile Connection (PMC) provides enterprise customers the ability to extend their Wide Area Network (WAN) using AT&T's cellular network. By using standards-based connectivity options between the Enterprise network and the cellular network, customers are able to securely and reliably extend their network to mobile end points. Private Mobile Connection provides customers with flexible cellular network solutions that are tailored to support their existing data networking environment Product Code Private Mobile Connection Description Professional Service Activities NRC Onetime (NRC) Professional Service fee PMCAPNO/ Private Mobile Connection for initial design of a Private Mobile PMCAPNQ Custom APN Design Connection Custom Access Point Name $500 (APN). Onetime (NRC) Professional Service fee for initial design of a Private Mobile Connection Transport (e.g., IPSEC, MPLS, SMPP). *Fee includes turn -up of multiple $1,995 PMCTRNO/ Private Mobile Connection circuits if the circuits are turned PMCTRNQ Transport Design up during the APN build or change order completion. *Onetime fee is applied when more than one custom APN order is utilizing a shared backhaul. MPLS ePVC charges MRC Page 63 of 66 712 Billing Commercial Connectivity Professional Service (Private Mobile Connection) Charges Product Code Bandwidth Current MRC (1 or 2 NTC's) PMC2M 2 Mb/s AVPN $250 PMC5M 5 Mb/s AVPN $437 PMC10M 10 Mb/s AVPN $610 PMC20M 20 Mb/s AVPN $750 PMC50M 50 Mb/s AVPN $1,000 PMC100M 100 Mb/s AVPN $1,400 PMC250M 250 Mb/s AVPN $1,600 PMC500M 500 Mb/s AVPN $1,950 PMC1000M 1000 Mb/s AVPN $3,000 FirstNet Core PMC AVPN / MPLS Interconnect Transport Monthly Recurring Charge (MRC) Product Code Bandwidth Current MRC (1, 2 or 3 NTC's) FNPMC2M 2 Mb/s AVPN $250 FNPMC5M 5 Mb/s AVPN $437 FNPMC10M 10 Mb/s AVPN $610 FNPMC20M 20 Mb/s AVPN $750 FNPMC50M 50 Mb/s AVPN $1,000 FNPMC100M 100 Mb/s AVPN $1,400 FNPMC250M 250 Mb/s AVPN $1,600 FNPMC500M 500 Mb/s AVPN $1,950 FNPMC1000M 1000 Mb/s AVPN $3,000 *AT&T Private Mobile Connection (PMC) Custom APN is intended to be used in conjunction with AT&T cellular/mobility services only. Page 64 of 66 713 EQUIPMENT DISCOUNTS CONTRACT DISCOUNT 50% Off AT&T ABS/SBS Equipment Grid National CRU Equipment Discount Contract Reference Price (NCRP) 30% Off AT&T ABS/SBS Equipment Grid National CRU Accessory Discount Contract Reference Price (NCRP) Government Employee Discount EMPLOYEE DISCOUNTS https://www.att.com/offers/discount- program/government-employees.html IRU Employee Discount Reference Foundation Account Number (FAN) 17% 4599651 IRU Accessory Discount 25% AT&T Government Reference Guide https://www.wireless.att.com/busin esscenter/enterprise-reference- guide/index.isp?wtLinkName=Enter priseGovernmentReferenceGuide& wtLinkLoc=RN AT&T FirstNet https://www.firstnet.com/marl<etin g/index.html#/marketing/index/ho me Page 65 of 66 714 FirstNet Responder Network Authority https://firstnet.gov/ AT&T Service Coverage Maps http://www.att.com/maps/wireless- coverage.html AT&T Mobile Phone & Device Tutorial https://www.att.com/esupport/mai n.html#!/wireless Revision 5/2/2023 Page 66 of 66 715 6.F Consent Agenda 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Annual expenditures for Tower Site Lease Agreement with Crown Castle. Requested Action by Commission: Approve an increase in annual expenditure for Tower Site Lease Agreement with Crown Castle of Canonsburg, PA 15317, lease amount $4,800 base fee per year, plus an annual 3% increase for the Utility Meter Services Automated Meter Infrastructure (AMI) third antenna. Explanation of Request: On 2/20/2018 City Commission authorized the City Manager to sign a 5 -year (One year initial contract with four automatic annual renewals) lease agreement with Crown Castle of Canonsburg, PA 15317, for Utility Meter Services AMI as part of the third tower antennae installation project. The lease agreement includes a base fee of $400 per month and includes a 3% annual adjustment to the base pay. The original request in 2018 only included the base rate of $4,800 per year so the Utility is requesting commission approval for the annual increase of 3% per year for the duration of the contract and is calculated as follows: Adjusted Fee — Base Fee + (Base Fee x 3%). How will this affect city programs or services? The Automated Meter Infrastructure collects and transmits data for use in billing, leak and zero consumption analysis this data will be available to customers directly in the future. The third antennae has improved the reading data rate to 99.5% and is needed for continuing growth of the Utility services in the western communities. Fiscal Impact: The lease is $4,800 per year with a 3% rate adjustment per year for the duration of the contract and was planned and budged since the contract was signed in 2018. Attachments: Crown Castle.pdf 716 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 1118-028 A RESOLUTION OF TI -IE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING TJIE CITY MANAGER TO SIGN A TOWER sait, LICENSE AGMEEMENT 13ETPEEN THE CITY OF BOYNTON BEACH AND ((,.ATT, LLC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Tower Site License Agreement is for a third antennae for the automated meter infrastructure (AMI) ystein utilized by the Utility Department Meter Services Division; and WIIEREAS, upon recommendation of stafl, the City Commission has deierinined that it is in the best interests of the residents of the City to authorize the City Manager to Sign as 'rower Site License Agreement between the City of Boynton Beach and CCATI', and NOW, THEREFORE, BE [TRESGOLLY D BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: Section I • The foregoing "Whereas" clauses are hereby ratified and confirmcdas being true and correct and are hereby made as specific part of this Resolution upon adoption Section 2: The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City 'Manager to sign a Tower Site Ueense Agreement between the City of Boynton Beach and CCA17, H.C., a copy of which Second Amendment is attached hereto as 1-Nhibit "A". 27 Section 3. 'J"his Resolution shall become efifective immediately upon its passage., 28 29 30 C:\t,iqcrs\Sl,iiizi(,)nct\AppdataU,ocal\Micri)sotl\Wiiitit,)w.s\Tctiii)qiiary Internet rilesT Castle lowo Site License Agrectnod -_ResoDoc 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 PASSED AND ADOPTED -this V' day of February, 2018. JUdill' Pyle, CM(" Xx City Clerk - (City Seal) CITY OFBOYNTON BEACH, FIORIDA Mayor,- Steven B. Grant Vice Mayor -- Justin Katz Commissioner Mack McCray Commissioner Christina L. Romelus Commissioner Joe Casello VOTE Internet A green ient _.- Reso. Doc YES NO 9 DocuSign Envelope ID: 5AD40377-470D-4A96-1343F-12ACOF10FFE2 Customer Site Name: COBB U193 Crown Site Name: WP12 (ABBE) Customer site No.: N/A ME Business Unit: 842757 Customer Type: Government ' license Identifier: 597888 Type of Site: Crown Site `TaDIWF:R-ti'I7"DJ�3210E'.'1�� »1 sarF,.NiRP�i�" (LICENSE FOR USE OF TOWER AND GROUND SPACE) THIS TOWER SITE LICENSE AGREEMENT (this "Agreement"} is entered into as of this day of Ica6f8(the "Effective Date'l, between CCATT LLC, a Delaware limited liability company, with a place of business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317 ("Licensor"), and City of Boynton Beach, with its principal place of business at 100 E Boynton Beach Blvd, Boynton Beach, Palm Beach County, Florida 33425 ("Licensee"), The parties hereto agree as follows: 1. Unless otherwise noted, as used in this Agreement references to Section numbers are to sections in main text of this Agreement, references to Exhibits are to those documents attached to this Agreement, use of "including" and "includes" means a non -exhaustive list of examples, and use of "or" means "and/or". The following terms as used in this Agreement are defined as follows: "Acquiring Party" means any person acquiring title to Licenser's interest in the real property of which the Site forms a part through a Conveyance. "Adjusted Fee" means the adjusted Basic Payment or other fee, as applicable, calculated as set forth in Section 5,2 below. "Adjustment Date" means the date on which the Basic Payment and all other fees set forth herein shall be adjusted as set forth in Section 5.2 below. "AM Detaining Study" means a study to determine whether measures must be taken to avoid disturbance of an AM radio station signal pattern. "Ali Detuning Study Fee" means the fee payable by Licensee to Licensor to defray Licensor's costs incurred in preparing or obtaining an AM Detuning Study. The amount of the Fee shall be reasonably commensurate with the scope and complexity of the subject AM Detuning Study. "Base Fee" means the then -current Basic Payment or other fee, as applicable. "Brise Payment" means the consideration paid by Licensee for the right to use the Licensed Space as described in Section 5.1 below, which consideration is subject to adjustment as described in Section 5.2 below. Tr. T:. 1532437 PreQnrcii by; M. Iloiloa App Rev #:1 li'rap LRF Rev 0:2 lteuiYcti ua> . . CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEARE ff (11-29-2016 version) I DocuSign Envelope ID: 5AD40371.470D-4A96-043F.12ACOF10FFE2 Customer Sibs Name: COBB U6143 Customer Site No.: N/A Customer Type: Government Type of Site: Crown Site Crown Site Name: WP12 (ABBS) JDE Business Unit: 842787 License Identiiler: 597888 "Basic Payment Commencement Date" means the earlier of: i) the commencement of the installation of Licensee's Equipment at the Site, or ii) the first (1st) day of the month following the day that is forty-five (45) days after full execution of this'Agreement. "Closeout Documentation" meads the as -built drawings and other installation documentation required by Licensor with respect to the subject installation of or Modification to Equipment. "Code" means TIA-222-X, where the "X" refers to whatever revision of TIA-222 is currently adopted by the jurisdiction in which the Site is located. "Conveyance" includes any exercise by a Lender of its rights under the Security Instrument, including a foreclosure, sheriffs or trustee's sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Site and any other transfer, sale or conveyance of the Licensor's interest in the property of which the Site forms a part under peril of foreclosure or similar remedy, including to the generality of the foregoing, an assignment or sale in lieu of foreclosure or similar remedy. "Crown Castle" means Crown Castle USA Inc. or an affiliate of Crown Castle USA Inc. that is designated by Licensor to perform any Work for Licensee, or to inspect any work that is performed for Licensee, pursuant to Section 2.5 below. "Current Term Expiration flute" means, at any point in time, the last day of the then - current term, whether it is the initial term or a. renewal term (if applicable). "]Deed" means the deed(s) or other similar prior insh=ent(s) from which Licensor's rights in any portion of the Site are derived, together with any restrictive covenants pertaining thereto, whether or not such restrictive covenants are contained in the deed(s) or other similar prior insirument(s) or in, a separate prior legal instrument(s). "Equipment" means Licensee's communications equipment placed on the Site, including Licensee's antennas, cables, connectors, wires, radios, radio shelter or cabinet and related transmission and reception hardware and software, and other personal property. "Event of Default" means any material breach of this Agreement for which no cure period applies, or any other breach of this Agreement that is not cured within the applicable cure period stipulated herein, as described in Section 13 below. "FAA" means the Federal Aviation Administration. "FCC" means the Federal Communications Commission. TT: E 1532037 Preparers by: M. Patton App Rev #:1 Prepared on: 1/12/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 2 0 N r. - DocuSign Owelope ID: 5AD40377-470D-4A96-843F-12ACOF10FFE2 CROWN CASTLE Customer Site Names COBB UtiW Crown Site Name: WP12 (ABBS) Customer Site No.: NIA JDE Business Unit: 842787 Customer Type: Government License Identifier: $97888 Type of Site: Crown Site "Government Entity" means any federal, state or local governmental unit or agency thereof with jurisdiction applicable to the Site. "Grantor" means the grantor named in the Deed, if applicable. "inspection Free" means the fee payable by Licensee to Crown Castle in the amount of One Thousand Five Hundred and NOW Dollars ($1,500.00) to defray Licensor's costs associated with Crown Castle's inspection of any Work not performed by Crown Castle. Said amount is subject to adjustment in accordance with Section 5.2 below. "Installation Standards" means the "Installation Standards for Construction Activities on Crown Castle Tower Sites" or its successor, issued by Licensor (or its affiliates) from time to time, as described in Section 2.2 below. "Intermodulation Study" means a study to determine whether an RF interference problem may arise. "Intermodulation Study Feel' means the fee payable by Licensee to Licensor to defray Licensor's costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Intermodulation Study Fee shall be reasonably commensurate with the scope and complexity of the subject Intermodulation Study. "Landlord" means the lessor, sublessor, or licensor under the Prime Lease, if applicable. "Laws" means any and all laws, regulations, rules, or requirements promulgated by Government Entities. "Lender" means any and all lenders, creditors', indenture trustees and similar parties. "Llemsed Equipment" means, if applicable, Licensee's permitted equipment installed at the Site that is transmitting or receiving signals within frequencies for which has an FCC license, to the extent that such equipment is transmitting or receiving signals within such frequencies. "Licensed Space" means that portion of the Site thatis licensed to Licensee hereunder. "Licensee" means the party named as "Licensee" in the first paragraph hereof and its successors -in -interest. "Licensor" means the party named as "Licensor" in the first paragraph hereof and its successors -in -interest. TT: E 1532037 Prepared by: M. Patton App Rev #:1 Prepared on: 1112/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-294016 version) 3 DocuSign Envelope ID: BAD40377-47OD-Wt3-B43F-12ACOF10FFE2 '�,,J, CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12 (ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 547888 Type of Site: Crown Site "Modffaeation" means (i) any addition of equipment outside the boundaries of any permitted equipment pads on the ground, (ii) any addition of antennas or antenna structures on the ground or on any equipment pads, (iii) any use of space on the ground or on the tower outside of the Licensed Space, except as otherwise expressly permitted herein, (iv) any change to the shape or location of the Licensed Space on the ground or on the tower, as applicable, (v) the addition of generators or generator fuel tanks in any location, (vi') any addition, modification, or replacement of equipment on the tower other than as may be specified herein, (vii) any change to the frequency ranges specified herein or the use of any frequency outside of the frequency ranges specified herein, or (viii) any use of power in excess of the power level specified herein. Notwithstanding the foregoing, the replacement of any of Licensee's equipment (if any) on the tower with new, identical equipment (i.e., equipment of the same quantity, make, model, size and weight), in the same location as the previously permitted equipment, shall not constitute a "Modification", provided that such replacement does not negatively affect the tower's loading capacity, as determined by Licensor. "Modification Application Fee" means the fee payable by Licensee to Licensor in the amount of Zero and 001100 Dollars ($0.00) to defray Licensor's costs incurred in evaluating a Site Engineering Application with respect to a Modification. Said amount is subject to adjustment in accordance with Section 5.2 below. "NTP" means a written notice to proceed. "Pre -Existing Use' means any installation or modified use of Licensor's or another user's equipment prior to the installation or modified use of Licensee's Equipment. "Prime Lease" means the lease(s), sublease(s), or other similar prior agreement(s) from which Licensors rights in any portion of the Site are derived, and which may contain restrictions on use of the Site. "Prior Agreement" means, if applicable, any active prior oral or written agreements (as may have been amended or assigned) between Licensor and Licensee to the extent applicable to the Site and the subject matter described herein. "Pro Rata Share" means the fraction or decimal equivalent determined by dividing one (1) by the total number of then -existing users of the Site. In no event shall the Pro Rata Share exceed fifty percent (500/x). For the purposes of determining "Pro Rata Share", Licensor shall be deemed to be a then -existing user of the Site. "Regulatory Compliance Costs" means the reasonable costs, including reasonable attomeys' fees, incurred by Licensor at the Site after the Effective Date in order to comply with any applicable Law. TT: E 1532037 Prepared by: M. Patton :+�Irp-Ftcr"1k: i Prepared on: 1/12/2018 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 4 DocuSign Envelope !D: 5AD40377-470D-4ASS4343F-12ACOFi0FFE2 q CROWN CASTLE Customer Site Name: COBB MUM Customer Site No.: NIA Customer Type: Qvve:nment Type of Site: Gown Site "RF" means radio frequency. Crown Site Name: WP12 (ABBS) JBE Business Unit: 842787 License Identifier: 597888 "Security Instraament" means any and all mortgages, deeds of trust or other deeds, and any similar security agreements that encumber the Site to secure the debt of Licensor. "Site" means the property referred to in Section 2.1 below, which is owned, leased, or otherwise controlled by Licensor and which contains the Licensed Space. "Services Agreement" means any active ag&ement(s) between Licensee and Crown Castle with respect to;the performance of Work for Licensee by Crown Castle, which active agreement(s) may include, without limitation, any master services agreement, project appendix, purchase order for services, and/or other similar agreement. "Site Application Fee" means, if applicable, the fee paid or payable by Licensee to Licensor to evaluate -a Site Engineering Application to determine whether Site has sufficient capacity to accommodate the Equipment described herein. "Site Engineering Application" means the application form (as may be amended by Licensor from time to time), which shall be submitted to Licensor by Licensee when Licensee desires to apply for a license to install or make a Modification to Equipment. The approved Site Engineering Application, if any, for Licensee's permitted Equipment is referred to in Section 2.2 below and attached to this Agreement as part of Exhibit E. "Site Plan" means the site plan or site sketch, if any, referred to in Section 2.2 below and attached hereto as Exhibit C. "Structural Analysis" means an engineering analysis performed to determine whether the physical and structural capacity of the tower are sufficient to accommodate the proposed tower -mounted Equipment, if any. Such engineering analysis takes into consideration factors such as weight, wind loading and physical space requirements. "Structural Analysis Fee" means the fee payable by Licensee to Licensor in the amount of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) to defray Licensor's costs incurred with respect to its performance of a Structural Analysis with respect to the installation of Licensee's tower -mounted Equipment described herein or with respect to any Modification to Licensee's Equipment. Said amount is subject to adjustment in accordance with Section 5.2 below. "Subsequent Ilse" weans any installation or modified use of Licensor's or another user's equipment subsequent to the installation or modified use of the Licensed Equipment as described in Section 6.1 below. "Term" means the term of this Agreement, as set forth in Section 4 below. TT: E 1532037 Prepared by: M. Patton App Rev #:1 Prepared on: 1/1212018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 von) 5 M N r. - Docuftn Envelope ID: 5AD40377-47OD-4A98-B43F-12ACOF10FFE2 �� { .,� 4RO1PtlN a CASTLE Customer Site Name: COBB UtiW3 Cwtomer Site Na: NIA .Customer Type: Government Type of Site: Crows Site Crown Site Name: WP12 (ABBS) JDE Business Unit: 842787 Lieense Identifier. 597888 "Te>rm Commencement Date" means The earlier of: i) the commencement of the installation of Licensee's Equipment at the Site, or iii) the first (1st) day of the month following the day that is forty-five (45) days after full execution of this Agreement. "Tower bevel Drawing" means the tower level drawing or tower sketch, if any, referred to in Section 2.2 below and attached hereto as part of Exhibit B. "Iiniieensed Equipment" means, if applicable, Licensee's permitted equipment installed at the Site that is transmitting or receiving signals within frequencies that do not require an FCC license, to the extent that such equipment is transmitting or receiving signals within such frequencies. "Work" means the installation of Equipment at the Site, construction of an approved Modification to Equipment at the Site, or removal of Equipment from the Site, as set forth in Section 2.5 below. 2. SITE l[,I T ,E l9 !�P SCEP L CATs MOIDMCAMM, CONDITIONS PREMMX&ACCUTANCE IIF SITE 2.1 The Site. The Site consists of that certain parcel of property, located in the City of Boynton Beach, the County of Palm Beach, and the State of Florida, which is described in Exhibit A hereto. 2.2 License to Install, Operate and Maintain the Equipment. Licensor hereby grants a license to Licensee to install, operate and maintain the Equipment on the Site within the Licensed Space, as such Equipment and Licensed Space are described in, and subject to, the approved Site Engineering Application and Tower Level Drawing (or other documentation), if applicable, attached hereto as Exhibit B and as shown in the Site Plan (or other documentation), if applicable, attached hereto as Exhibit C. If this Agreement is replacing a Prior Agreement, the parties acknowledge that the Equipment (or a portion thereof) may already be installed on the Site and that Licensee may currently operate and maintain, the Equipment (or a portion thereof) on the Site. Such license is subject to the Installation Standards and restricted exclusively to the installation, operation and maintenance of Equipment consistent with the specifications and in the locations identified in Emit B and Exhibit C. 2.2.1 'dot v� uiment nsta ed s mm ent of Install ti n. With respect to the installation of any tower -mounted Equipment not already installed on the Site pursuant to a Prior Agreement, if Licensee fails to install all of its tower - mounted Equipment as described in Exhibit B (or as described in any future amendment for a Modification) within one hundred eighty (180) days after commencement of its initial installation of such tower -mounted Equipment, then the right to install any such tower -mounted Equipment not installed shall be deemed waived, with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such tower -mounted Equipment after said one hundred TT: E 1532037 Prepared by: M. Patton App Rev #:1 Prepared on: U1212018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 6 Docuftn Envelope ID: 5AD40377-470D-4A96-B43F 12ACOF10FFE2 CROWN ` ,,,or qo CASTLE Customer Site Name: COBB Util#3 Crown Site Name: wP12 (ABBS) Customer Site Na: N/A JDE Business Unit: 842787 Customer Type: Government License IdentlOer: 597888 Type of Site: Crown Site eighty (180) day period; 2EUided, however, Licensee may thereafter install the remainder of the permitted but uninstalled tower -mounted Equipment for no increase to the Basic Payment, subject to available capacity at the Site, as determined by Licensor. Licensee shall notify Licensor in writing and coordinate with Licensor prior to installing any portion of the remainder of the permitted but uninstalled tower -mounted Equipment after said one hundred eighty (180) day period. Licensee acknowledges and agrees that Licensor may require that Licensee submit a new Site Engineering Application with respect to the installation of the remainder of such permitted but uninstalled tower -mounted Equipment. In the event that Licensor determines that the Site or tower located thereon cannot accommodate such permitted but uninstalled tower -mounted Equipment without requiring modifications thereto, then the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be made for the purpose of accommodating such permitted but uninstalled tower -mounted Equipment. 2.2.2 Reduction, of Available Cavacitv Due to Change in A licable Law. If, as a result of any change in the applicable Code after the date of the subject Structural Analysis and prior to Licensee's completion of installation of any tower -mounted Equipment as described in ]Exhibit B (or as described in any future amendment for a Modification), Licensor determines that the tower at the Site no longer has sufficient capacity to accommodate any permitted but uninstalled tower -mounted Equipment, then the right to install any such tower -mounted Equipment not installed shall be deemed waived, with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such tower -mounted Equipment after such change in such applicable Code; pNyid4 howevq, the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be made for the purpose of accommodating any such permitted but uninstalled tower -mounted Equipment. 2.3 Application for Modifications. Licensee shall apply to make Modifications by submitting a Site Engineering Application to Licensor together with payment of the Modification Application Fee. A Structural Analysis, AM Detaining Study or an Intermodulation Study may be required by Licensor in connection with a proposed Modification, and Licensee will be liable for the subject Structural Analysis Fee, AM Detuning Study Fee or Intermodulation Study Fee, as applicable. Any approved Modification shall be evidenced by an amendment to this Agreement, and the Site Engineering Application approved by Licensor describing the Modification shall be an exhibit to said amendment. Licensee agrees that any Modification, or change in Licensee's use of the Licensed Space, as approved herein, may entitle Licensor to additional compensation. Licensor is not obligated to approve applications for Modifications. 2A Conditions Precedent to installation of Equipment or Modification. With respect to the installation of Equipment not already installed on the Site pursuant to a Prior Agreement, and with respect to any Modifications to Equipment, the parties agree that, notwithstanding anything to the contrary herein, Licensee's right to install Equipment or make a Modification to Equipment at the Site shall not commence until the following conditions are satisfied: (i) Licensor has received any written consent required under the Prime Lease or Deed to allow Licensor to license the Licensed Space to Licensee, if such consent is required, or Licensor has determined that no such written consent is required; (ii) a Site Engineering Application for such installation or Modification has been approved by Licensor; (iii) Licensor TT: E 1532037 Prepared by: M. Patton App Rev #: I Prepared on: 1/1212018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGRMIENT (11-29-2016 vereton) 7 U) N I. - Docuftn Envelope ID: SAD40377-470D-0A98-843F-12ACOF10FFE2 CROWN CASTLE Customer Site Name: COBB Uti1#3 Customer Site No.: NIA Customer Type. Gownunent Type of Site: Crown Site Crown SiteName: WP]2 (ABBS) JDE Business Unit: 842787 License Identifier: 597888 2.7 iLicensor's Remedies for Undocumentted Installation or Modification. In the event that Licensee breaches this Agreement by installing Equipment or making a Modification other than as permitted hereunder, it shall constitute a material breach of contract and Licensor shall have the following remedies, notwithstanding any other terms of this Agreement: (i) the right to collect from Licensee an administrative fee equal to six (6) times the monthly portion of the Basic Payment (based on the amount of the Basic Payment at the time of said notice), plus the Modification Application Fee, plus any costs incurred to assess the impact of the unauthorized installation or Modification; (ii) the right to collect from Licensee any direct and consequential damages related to such unauthorized installation or Modification; and (iii) the right to collect the Basic Payment for the Site retroactive to the date of the unauthorized installation or Modification. In the alternative to other remedies available to Licensor hereunder (i.e., the other remedies available to Licensor outside of this Section 2.7), Licensor may terminate this Agreement and require Licensee to immediately vacate the Site. 2.8 .Acceptance of Licensed Space and Site. By executing and delivering this Agreement, Licensee: (i) accepts the Licensed Space and Site, including any improvements located thereon, as suitable for the purposes for which the Licensed Space is licensed to Licensee hereunder; (ii) accepts the Licensed Space and Site, including any improvements located thereon, and every part and appurtenance thereof in their "AS IS, WHERE IS" condition; and (iii) waives any claims against Licensor related to defects in the Licensed Space or Site, including any improvements located thereon, and their habitability or suitability for any permitted purposes, except if otherwise expressly provided hereunder. 3. ACCESS U5 DF SITE 2'� l Il 3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and vehicular ingress to.and egress from the Site over the designated access area to the Site as described in Exl dldt A, and non-exclusive license to access Licensor's utility easement, if any, on a 24 hour per day, 7 day per week basis, subject, however, to any restrictions in the Prime Lease or Deed or any underlying easement, for the purposes of maintaining, operating and repairing the Equipment, together with a license to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility service, including electric and telephone service, to the Licensed Space. Licensor shall have no duty to remove snow or otherwise maintain the access area;vided, ever in the event that Licensee requires access to the Site but snow or some other obstruction on or in the access area is preventing or otherwise materially hindering Licensee's access to the Site, then Licensee shall notify Licensor of such snow or other obstruction and Licensor and Licensee shall cooperate with one another for the removal of such snow or other obstruction, on terms mutually agreeable to the parties. 3.2 Authorized Persons; Safety of PersonneL Licensee's right of access to the Site shall be limited to contractors approved by Crown Castle or persons under their direct supervision. Licensee shall not allow any person to climb a tower for or on behalf of Licensee without ensuring that such person works for a contractor approved by Crown Castle for the subject Work. The foregoing limitations on Site and tower access are material terms of this Agreement. TT: E 1532037 Prepared by: M. Patton App Rev #:1 Prepared on: 1/12/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREIENT (11-29-2016 version) 9 r- 04 r, DocuSfgn Envelope ID: SAD40377-470D4AO6-B43F-12ACOFlOFFE2 CROWN CASTLE Customer Site Name: COBB U61#3 Crown Site Name: WP12 (ABBS) Customer Site No.: N/A BIDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site 3.3 Notice to ]Licensor. Licensee agrees to provide prior notice of any access to be made by Licensee or its contractors or subcontractors to the Site by calling Licensor's Network Operations Center at (800) 788-7011 (or by providing notice as otherwise directed by Licensor). For safety reasons, access to the Site is restricted to times when elevated work is not being performed on any tower at the Site by any other person. 3.4 Licensee's Use of the Site. Licensee shall use the Licensed Space at the Site to install, operate and maintain only the Equipment and shall transmit and receive only within the FCC -licensed or unlicensed frequency ranges specified herein, at the power levels specified herein. 3.5 Permits, Authorizations and Licenses. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for obtaining, at its own expense, all required permits, authorizations and licenses (if any) associated with its occupancy of Licensed Space at the Site and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor_ 3.6 Zoning Approval. At least seventy-two (72) hours before submitting any zoning application or amendment to the applicable zoning authority in relation to its installation of or Modification to Equipment at the Site, Licensee must provide Licensor with copies of such zoning application or amendment. Licensor shall respond to Licensee with its approval or rejection of such zoning application or amendment within seventy-two (72) hours after its receipt of copies thereof, provided that if Licensor does not respond within said period, Licensor shall be deemed to have approved same. Licensor reserves the right to (i) require that it be named as co -applicant on any such zoning application or amendment or (ii) require revisions to any such zoning application or amendment. Licensor also reserves the right, prior to any decision by the applicable zoning authority, to approve or reject any conditions of approval, limitations or other obligations that would apply to the owner of the Site or property on which the Site is located, or any existing or future Site licensee, as a condition of such zoning authority's approval; MgA4ed howev . , Licensor shall not unreasonably withhold or delay approval of any such conditions of approval, limitations or other obligations. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for all costs and expenses associated with (a) any zoning application or amendment submitted by Licensee, (b) making any improvements or performing any other obligations required as a condition of approval with respect to same and (c) any other related expenses. 3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is unavailable, Licensee shall pay a share of such costs as reasonably allocated by Licensor. 4. TERM 4.1 Term of Agreement. `fhe term of this Agreement shall commence on the Term Commencement Date and continue for a period of Five (5) year(s), ending on the day immediately prior to the Fifth (5th) anniversary of the Term Commencement Date at 11:59:59 p.m. New York time (the "'term"). 4.2 Automatic Term Renewal. The Term shall automatically extend for Four (4) renewal period(s) of Twenty (20) year(,) each unless either party provides written notice to the other of its election TT: E 1532037 )Prepared by: K Patton App Rev #:1, Prepared on: 1/12/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 10 00 N t. - DocuSi®n Envelope ID: 5AD40377-47OD-1A8B-B43F-12ACOF10FFE2 CROWN CASTLE Customer Site Name: COBB U61#3 Crown Site Name: WP12 (ABBS) Customer Site No.: NIA JDE Business Unit: 842787 Customer Type: Government Lieense Identifier: 597888 'type of Site: Crown Site not to renew the Term, at least Ninety (90) days prior to the Current Term Expiration Date. In the event that Licensee provides written notice of non -renewal to Licensor in accordance herewith but does not cause its Equipment to be removed from the Site prior to the Current Term Expiration Date, then Section 23 below shall apply with respect thereto. 4.3 Term Subject to Prime Lease. Notwithstanding the foregoing, if a Prime Lease applies to the Site, and the term of the Prime Lease expires or terminates sooner than the expiration or termination of this Agreement, and Licensor has not assigned (and is not obligated to assign) its rights hereunder to Landlord, then the Term of this Agreement shall continue and remain in effect only as long as Licensor retains its interest under the Prime Lease. 5. CO , µht 5.1 Baste Payment. Licensee shall pay to Licensor 'Four Hundred and 001100 Dollars ($400.00) per month, subject to adjustment in accordance with Section 5.2 below (the `Basic Payment"% for its license and use of the Licensed Space. The Basic Payment shall be paid in advance and without demand, in equal monthly payments payable on the Basic Payment Commencement Date, and on the first day of each month thereafter continuing for the Term, subject to extensions as provided for herein. Payments shall be made by cheek payable to CCATT LLC, P.O. Box 732462, Dallas, TX 75373-2462. Licensee shall include the ME Business Unit No. 842787 on or with each payment. Payments for any partial month shall be prorated. 5.2 Adjustments to Baste Payment and Other Fees. The Basic Payment and all other fees herein that are expressed as fixed dollar amounts (excluding any fees in this Section 5 other than the Basic Payment that are expressed as fixed dollar amounts) shall be increased (but never decreased) on the first anniversary of the Term Commencement Date and every anniversary of such date thereafter (the "Adjustment Date") by three percent (3o/a). Licensor's failure to demand any such increase shall not be construed as a waiver of any right thereto and Licensee shall be obligated to remit allincreases notwithstanding any lack of notice or demand thereof. Such adjustment to the Basic Payment and other fees shall be calculated by the following formula: The Adjusted Fee = Base Fee + (Base Fee x 3"/0) 5.3 Regulatory Compliance Costs. In the event that Licensor incurs Regulatory Compliance Costs at the Site during the Term, then, at Licensoes election, Licensee shall pay to Licensor its Pro Rata Share of such Regulatory Compliance Costs within thirty (30) days of receipt of Licensor's invoice for some (together with supporting documentation). 5.4 Taxes, Fees and Assessments. Licensee shall pay directly to the applicable Government Entity, or to Licensor if Licensor is invoiced by such Government Entity, if and when due, all taxes, fees, assessments or other charges assessed by such Government Entity against the Equipment or Licensee's use of the Site or the Licensed Space. Licensee shall pay to Licensor or the appropriate taxing authority, if and when due, any sales, use, ad valorem or other similar taxes or assessments which are assessed or due by TT: E 1532037 Prepared by: M. Patton App Rev M 1 Prepared on: 1/13/2019 LRF Rev #: Z Revised on: CROWN cASTL STANDARD FORM TOWER STIR LICENSE AGMMENT (11-29-2016 version) 11 M N r. - Prepared . - DocuSlgn envelope ID: BAD4037747OD4Ag6-B43F-12ACOF10FFE2 �tF'rV 4•S;1W" Customer Site Name: COBB UU10 Crown Site Name: WP12 (ABBS) Customer Site No.: NIA JDE Business Unit: 842787 Customer Type: Government License Identifier. 597888 Type of Site: Crown Site reason of this Agreement or Licensee's use of the Site or the Licensed Space. At Licensor's election, Licensee shall also pay to Licensor its Pro Rata Share of all taxes, fees, assessments or charges assessed by any Government Entity against the Site itself or against Licensor's improvements thereon. Licensor shall provide notice (together with supporting documentation) of any assessments to be paid by Licensee promptly upon receipt. Licensor shall invoice Licensee annually, indicating the amount of the assessment, Licensee's Pro Rata Share and the amount due. Said invoices shall be paid within thirty (30) days of Licensee's receipt. 5.5 PTmMONALLY OMITTED. 6. " ' RF, 1►ICE 6.1 Imterference to Licensee's Licensed Operations. Licensor agrees that neither Licensor nor Licensor's other licensees or tenants at the Site, whose equipment at the Site is installed or modified subsequently to the installation or Modification of Licensee's Licensed Equipment ("Subsequent Use), shall permit their equipment to interfere with Licensee's FCC -licensed transmissions or reception in excess of levels permitted by the FCC. In the event that any Subsequent Use causes RF interference to Licensee's FCC -licensed transmissions or reception in excess of levels permitted by the FCC, then (i) Licensee shall notify Licensor in writing of such RF interference, (ii) Licensor shall cause the party whose Subsequent Use is causing said RF ince to reduce power or cease operations in order to correct and eliminate such RF interference within seventy-two (72) hours after Licensor's receipt of such notice, and (iii) the entity responsible for the Subsequent Use shall be obligated to perforin (or cause to be performed) whatever actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF interference to Licensee's FCC -licensed transmissions or reception. Licensor further agrees that any new licenses -or other agreements that Licensor executes with third parties for a Subsequent Use will contain provisions that similarly require such users to correct or eliminate RF interference with Licensee's operation of its Licensed Equipment following receipt of a notice of such RF interference. 6.2 Interference by Licensee. Notwithstanding any prior approval by Licensor of Licensee's Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to, Licensor or other uses of users of the Site (including Pre -Existing Uses) in excess of levels permitted by the FCC. If Licensee is notified in writing that its operations are causing such RF interference, Licensee will immediately take all commercially reasonable and necessary steps to determine the cause of and eliminate such RF interference. If the RF interference continues for a period in excess of seventy-two (72) hours following such notification, Licensor shall have the right to require Licensee,to reduce power or cease operations until such time as Licensee can make repairs to the interfering Equipment. In the event that Licensee fails to promptly take such action as agreed, then Licensor shall have the right to terminate the operation of the Equipment causing such RF interference, at Licensee's cost, and without liability to Licensor for any inconvenience, disturbance, loss of business or other damage to Licensee as the result of such actions. To the extent allowed by law, Licensee shall indemnify and hold Licensor and its subsidiaries and affiliates harmless from all costs, expenses, damages, claims and liability that result from RF interference caused by Licensee's Equipment. TT: E 1532037 Prepared by: M. Patton App Rev #:1 Prepared on: V12/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORINT TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 12 0 M P - DocuStgn Envelope ID: 5AD40377-47OD-4A98-B43F-12ACOF10FFE2 Customer Site Name: COBB UHIQ Crown Site Name: WP12 (ABBS) Customer Site No.: N/A ADE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Cmwn Site 6.3 Interference to Licensee's Unlicensed Operations. Licensee acknowledges that if Licensee's operation of any Unlicensed Equipment is subject to any RF or physical interference, then neither Licensor nor other users of the Site have any duty or obligation to remedyy the interference to such Unlicensed Equipment. Licensee may, after taking all commercially reasonable actions to remedy the interference to the operation of its Unlicensed Equipment, submit a Site Engineering Application to request relocation of such Equipment to another location at the Site. Licensor shall approve the Site Engineering Application if sufficient space and capacity are available at the Site to accommodate such Unlicensed Equipment without inteiference (physical or electrical) to other users of the Site, as determined by Licensor in its sole judgment. All costs for said relocation shall be the sole responsibility of Licensee. If the Site Engineering. Application for said relocation is approved by Licensor, all other terns of this Agreement shall continue to apply to such Unlicensed Equipment as relocated and this Agreement shall be amended to reflect such relocation. 7. RUPSAUM OF E .,J EN " BY LICENSOR 7.1 Relocation of Equipment at Licensor's Option. Licensor shall have the right to change the location of the Equipment (including re -location of Equipment on the tower to an elevation used by other licensees, or re -location of Equipment to another tower located or to be constructed on the Site) upon sixty (60) days written notice to Licensee, provided that said change does not, when complete, materially alter the coverage or signal pattern of the Equipment existing prior to the change. Any such relocation shall be performed at Licensor's expense and with reasonably minimal disruption to Licensee's operations and shall be evidenced by an amendment to this Agreement. 7.2 INTENTIONALLY OWMD. Licensee agrees to reduce power or suspend operation of its Equipment if necessary and upon reasonable notice to prevent exposure of workers or the public to RF radiation in excess of the then -existing regulatory standards. 9. UENS Licensee shall keep the Licensed Space, the Site and any interest it or Licensor has therein free from any liens arising from any work performed, materials furnished or obligations incurred by or at the request of Licensee, including any mortgages or other financing obligations, and shall discharge any such lien filed, in a manner satisfactory to Licensor, within thirty (30) days after Licensee receives written notice from any party that the lien has been filed. TT: E 1832037 Prepared by: M. Patton App Rev #: l Prepared on: VIV2018 LRP Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 13 M h - DocuSign Envelope ID: 5AD40377-47OD-4Ag6-B43F-12ACOF10FFE2 CROW'S CASTLE Customer Site Name: COBB U6143 Crown Site Name: WP12 (ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 547888 lWe of Site: Crown Site 10. ]INAE11�N1[I+'1CATAOi To the extent allow by law, Licensee shall indemnify, defend and hold Licensor, and Licenser's affiliates, subsidiaries, directors, officers, managers, employees and contractors, harmless from and against any claim, action, damages, liability loss, cost or expense (including reasonable attorney's fees), resulting from or arising out of Licensee's or any of Licensee's contractors', subcontractors', servants', agents' or invitees' use or occupancy of the Site. Licensee shall -carry commercial general liability insurance on a form providing coverage at least as broad as the ISO CG 0001 10 01 policy form covering its occupancy and use of the Site. The liability insurance policies, automobile, commercial general liability, and umbrella shall be endorsed to cover Licensor (and Licensor's manager, as applicable) as an additional insured on a primary and non- contributory basis such that the umbrella liability policy, primary auto liability and commercial general liability all apply as primary with regard to any primary liability insurance maintained by Licensor (and any primary liability insurance maintained by Licensor's manager, as applicable) on a form that does not exclude the concurrent negligence of the additional insured At a minimum, Licensee and all parties accessing the Site for or on behalf of Licensee (other than independent contractors of Licensee, which must provide coverage as separately specified by Licensor) shall obtain the following insurance coverage: (i) statutory workers' compensation including employer's liability with the following limits: $1,000,000 per accident; $1,000,000 disease, each employee; and $1,000,000 disease policy limit; (ii) commercial general liability covering bodily injury, death and property damage including, but not limited to, coverage for explosion, collapse and underground exposures (XCU) and products/completed operations with limits not less than $1,000,000 per occurrence, combined single limit with a $2,000,000 general policy aggregate and a separate products/completed operations aggregate of $2,000,000; (iii) automobile liability covering all owned, hired and non -owned vehicles with combined single limits not less than $1,000,000 per accident; (iv) umbrella liability insurance of $5,000,000; and (v) commercial all risk of loss fire with extended coverage insurance covering all, of Licensee's equipment and improvements at the Site. 171e commercial general liability limits identified above shall be increased on every tenth (10"') anniversary of this Agreement by twenty-five percent (25%) over the limit of insurance for the immediately preceding ten (10) year period. All insurers will carry.a. minimum A.M. Best A -(FSC VIII) or equivalent rating and must be licensed to do business in the state where the Site is located All policies required to be provided pursuant to this section shall contain a waiver of subrogation in favor of Licensor. The insurance requirements in this Agreement shall not be construed to limit or otherwise affect the liability of the Licensee. Licensee shall provide certificates of insurance evidencing said coverage to Licensor upon execution of this agreement and at least annually as the policies renew. Any failure on the part of Licensor to request the required certificates of insurance shall not in any way be construed as a waiver of any of the aforesaid insurance requirements. Licensee shall agree to provide a copy of said policies upon receipt of written request by Licensor. Licensee agrees to provide notice to Licensor within two (2) business days of receipt of any cancellation notice of any of the required insurance policies. TT: E 1532037 Prepared by: M. Patton APP Rev #: 1 Prepared on: 1112/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 14 N M P - DocuSign Envelope ID: 5AD40377-47oD-4A96-B43F 12ACOF1oFFE2 - b CROWN u CASTLE Customer site Name: COBB U61#3 Crown site Name: WP12 (ABBS) Customer site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site Notwithstanding the foregoing, it is acknowledged and agreed that Licensee (for itself alone) shall be entitled to self -insure for all or a portion of the above coverages and insurance requirements in accordance with Licensee's customary and usual practice. Licensee agrees to provide to Licensor its standard form of letter confirming Licensee's responsibility for claims and liability with value up to the amount of Licensee's self-insured retention, and, if applicable, the existence of Licensee's excess liability insurance coverage above such amount sufficient to meet the insurance coverage requirements hereunder. 12. CASUALTY O&CCI DN 12.1 Casualty. In the event that the Site, or any part thereof, is damaged by fire or other casualty not caused by Licensee, then Licensor shall have (i) ninety (90) days f and the date of damage, if the damage is less than total destruction of the Site, in which to make repairs, and (u) one hundred and eighty (180) days from date of destruction, if the Site (including the tower structure) is destroyed, in which to replace the destroyed portion of the Site. If Licensor fails for any reason to make such repair or restoration within the stipulated period and the damage or destruction effectively precludes Licensee's use of the Site as authorized under this Agreement, then either party may, at its option, terminate this Agreement without further liability of the parties, as of the date of partial or complete destruction. If, for any reason whatsoever, Licensee's use of the Site is interrupted due to casualty, Licensee's sole remedy for such interruption of use shall be abatement of the Basic Payment for the period during which Licensee's use of the Site is interrupted. Except with regard to repair of the Site as stated in this Section 12. 1, Licensor shall not be responsible for any damage caused by vandalism or acts of God. In no event shall Licensor be liable to Licensee for damage to the Equipment or interruption or termination of Licensee's operations caused by forces majeure or acts of God. 12.2 Condemnation. If any part of the Site is taken under the power of eminent domain, Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law. 13. ID1C+I+'Al[1L'1' WAIVB CflgS', I3E ID CARS Each of the following shall constitute an Event of Default hereunder: (i) Licensee's failure to pay any amount due hereunder within ten (10) days after receipt of written notice from Licensor that said payment is delinquent; (ii) Licensee's engagement of a contractor not approved by Crown Castle to perform Work on the Site in violation of the requirements of Section 2.5 above; (iii) Licensee's breach of this Agreement by installing Equipment or making a Modification other than as permitted hereunder as described in Section 2.7 above; (iv) Licensee's violation of the Site or tower access limitations in Section 3.2 above; (v) Licensee's failure to stop its Equipment from causing RF interference to Licensor or other pre-existing uses of users of the Site in violation of the requirements of Section 6.2 above; and (vi) either party's faihme to cure any breach of any other covenant of such party herein within thirty (30) days after receipt of written notice from the non -breaching party of said breach, rovide )iowever, such thirty (30) day cure period shall be extended upon the breaching party's request if deemed by the non -breaching party to be reasonably necessary to permit the breaching party to complete the cure, and further provided that the breaching party shall commence any cure within the thirty (30) day period and thereafter continuously and IT. E 1532037 Prepared by: M. Patton App Rev #: 1 Prepared on: 1/12/2018 LRF Rev #: 2 Revised on: CROWN CAS'T'LE STANDARD FORM. TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 15 M M P- DocuSign Envelope ID: 5AD40377-470D-4A9B-943F-12ACOF10FFE2 (:;CCROWN CASTLE Customer Site Name: COBB U6103 Crown Site Name: wP12 (ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Sito diligently pursue and complete such cure. In the Event of Default by Licensee, upon Licensor's demand, Licensee shall immediately make full payment of all amounts that Licensor would have been entitled to receive hereunder for the remainder of the then -current Term, and Licensor shall have the right to accelerate and collect said payments, which right is in addition to all other remedies available to Licensor hereunder or at law, including the right to terminate this Agreement as set forth in Section 19.3 below. Licensee agrees that, if any payment to be made under this Agreement is not received by Licensor by the date it is due, Licensee will pay Licensor a late fee of Thirty -Five Dollars ($35.00) for each month or partial month that elapses until said payment is received by Licensor. Said amount shall be adjusted as set forth in Section 5.2 above. Imposition of late fees is not a waiver of Licensor's right to declare this Agreement in default if the Basic Payment or any other payment is not made when due. Except as otherwise. provided in Section 2.7 above, neither party shall be liable to the other for consequential, indirect, special, punitive or exemplary damages for any cause of action whether in contract, tort or otherwise, hereunder to the extent allowed by law. 14. U E D I q CHE, MICALS Licensee must inform Licensor (m the Site Engineering Application attached hereto as part of Exhibit B or in a separate written notice) if it will house batteries or fuel tanks on the Site. The use of any other hazardous chemicals on the Site requires Licensor's prior written approval. Licensee agrees to provide to Licensor no later than each January 15th, an annual inventory of its hazardous chemicals on -the Site. The laws of the state or commonwealth where the Site is located, regardless of conflict of law principles, shall govern this Agreement, and any dispute related to this, Agreement shall be resolved by mediation or .litigation in said state or commonwealth. The period for bringing any dispute related to this Agreement to mediation shall be the same period that would apply under the applicable statute of limitations were such dispute to be brought to litigation. 16.DTT &KA 'E S A This Agreement may not be sold, assigned or transferred, in whole or in part, by Licensee without the prior written approval or consent of Licensor, which consent may be withheld at Licensor's sole discretion. Licensor's consent to any such assignment, and Licensee's and the assignee's representations to, and agreements ,with, Licensor pertaining to such assignment, shall be evidenced by a form to be provided by Licensor and executed by Licensor, Licensee and the assignee. Licensee shall not sublease or license its interest in this Agreement, in whole or in part, either directly or through affiliated entities, agencies or departments. Licensee shall not share the use of its Equipment with any third party. Notwithstanding the foregoing, Licensee may allow other government entities, agencies and departments to benefit from the operation of the Equipment, provided that any access to. the Site by such other government entities, agencies or departments is expressly prohibited and shall be deemed to be a violation of the access limitations set forth in Section 3.2 above. Tr: E 1532037 Prepared hy. M. Patton App Rev #: 1 Prepared on: 111=018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM POWER SITE LICENSE AGREEMENT (11-29-2016 version) 16 M P - DocuSign Envelope ID: 5AD40377.47OD-4A96-B43F-12ACOF10FFE2 A 'r,�S(C CROWN Customer Site Name: COBB Uti1#3 Crown Site Name: WP12 (ABBS) Customer Site No.: NIA ,IDE Business Unit: 842787 Customer Type: Government License Identifiier: 597888 Type of Site: Crown Site 17. 911—CES Except for notices of access which are to be provided as set forth in Section 3.3 above, all notices hereunder shall be in writing and shall be given by (t) established express delivery service which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible. The notices shall be sent to the parties at the following addresses: As to Licensee: City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33425 Telephone Number: (561) 742-6406 As to.Licensor: CCATT LLC 2000 Corporate Drive Canonsburg, PA 15317 Attention: Legal Department Telephone Number: (7244) 416-2000 Licensor or Licensee may from time to time designate any other address for this purpose by giving written notice to the other party. 18. RM%_ ." 9DEED Licensor and Licensee acknowledge that Licensee's use of the Site is subject and subordinate to the Prime Lease or Deed. A redacted copy of the Prime Lease or Deed is attached as Exhibit D hereto. Licensee agrees to be bound by and to perform all of the duties and responsibilities required of the lessee, sublessee, licensee or grantee as set forth in the Prime Lease or Deed to the extent they are applicable to Licensee's access to and use of the Site. 19. 7CEltliflNATIDly 19.1 Withdrawal or Termination of Site Zoning Approval or Permit. In the event that any Site zoning approval or any of Licensor's permits to operate the Site as a communications facility is withdrawn or terminated, this Agreement shall terminate effective as of the termination of such Site zoning approval or permit. 19.2 Termination of Prime Lease. If a Prime Lease applies to the Site and the Prime Lease terminates for any reason, this Agreement shall terminate effective as of the termination of the Prime Lease. T1': E 1532037 Prepared by: ME Patton App Rev #:1 Prepared on: 1112/2018 LRF Rev A 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREIMENI' (11-29-2016 version) 17 U) M h - DocuSion Envelope 1D: 5AD40377-47004A'2"43F-12ACOFIOFFE2 CROW CASTLE Customer Site Name: COBB U61#3 Crown Site Name: WP12 (ABBS) Customer Site No.: NIA JDE Business Unit: 842787 Customer Type: Government - License Identifier: 597888 Type of Site: Crown Site 19.3 Termination in the Event of Default. In the Event of Default by either party (the "defaulting party"), the other party (the "non -defaulting party') may terminate this Agreement by providing written notice of such termination to the defaulting party. Such written notice shall describe (i) the Event of Default, and (ii) in the case of a breach that could have been cured in accordance with Section 13, the defaulting party's failure to cure such breach within the stipulated cure period. The non -defaulting party's right to terminate this Agreement pursuant to this Section 19.3 is in addition to any other rights'and remedies provided to the non -defaulting party by law or under this Agreement. 20. NO �VAIVIER No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in writing and signed by the party against whom enforcement is attempted. 21. N®N DISQL-Q H= The parties agree that, except to the extent otherwise required by law, without the express written consent of the other party, neither party shall reveal, disclose or publish to any third party the terms of this Agreement or any portion thereof, except to such party's auditor, accountant, lender or attorney or to a Government Entity if required by regulation, subpoena or government order to do so. Notwithstanding the foregoing, either party may disclose the terms of this Agreement to any of its affiliated entities, and Licensor may disclose the terms of this Agreement (or relevant portions thereof) to (i) Landlord, if a Prime Lease applies to the Site, (ii) any of its lenders or creditors, or (iii) third parties that are existing or potential lessees or licensees of space at the Site, to the extent such disclosure to such potential lessees or licensees is reasonably necessary for the operation, leasing, licensing and marketing of the Site. The terms that may be disclosed to such potential lessees or licensees may include terms relating to Licensee's permitted frequencies for the purposes of RF compliance tests, and terms relating to Licensee's Equipment (if any) installed, or to be installed, on the tower for the purposes of Structural Analysis. 22. O 1 ieTL1RBAlet ATTO 1'l�dE, " 22.1 Subordination. Subject to Section 22.2, this Agreement and Licensee's rights hereunder are and will be subject and subordinate in all respects to: (i) a Security Instrument from Licensor in favor of Lender insofar as the Security Instrument affects the property of which the Site forms a part; (ii) any and all advances to be made thereunder; and (iii) any and all renewals, extensions, modifications, consolidations and replacements thereof. Said subordination is made with the same force and effect as if the Security Instnnnent had been executed prior to the execution of this Agreement. 22.2 Non -Disturbance. The subordination described in Section 22.1 is conditioned upon the agreement by Lender that, so long as this Agreement is in full force and effect and Licensee is not in material default. (beyond applicable notice and cure periods) hereunder, Lender, for itself and on behalf of its successors in interest, and for any Acquiring Party,. agrees that the right of possession of the Site and all other rights of Licensee pursuant to the terms of this Agreement shall remain in full force and effect and shall not be affected or disturbed by Lender in the exercise of its rights under the Security Instrument. TT: E 1532037 Prepared by: K Patton App Rev #:1 Prepared on -.'1112/2019 LRF Rev #: 2 Revised oio: CROWN CASTLE STANDARD yORM TOWER SITE LICENSE AGREEMENT (11-29-2016 verdon) is Docuftn Envelope ID: 5AD40377-47OD-4AOS-B43F-12ACOFlOFFE2 N-11-KliUffim 4 Customer Site Name: COBB Ut11#3 Customer Site No.: N/A Customer Type: Government Type of SW: Crown Site Crown Site Name: WP12 (ABBS) JDE Business Unit: 842787 License Identifier: 597888 22.3 Liability of Parties. Licensee and Licensor agree (i) that any Conveyance shall be made subject to this Agreement and the rights of Licensee hereunder and (ii) that the parties shall be bound to one another and have the same remedies against one another for any breach of this Agreement as Licensee and Licensor had before such Conveyance; rnavidedbo ev that Lender or any Acquiring Party shall not be liable for any act or omission of Licensor or any other predecessor -in -interest to Lender or any Acquiring Party. Licensee agrees that Lender may join Licensee as a party in any action or proceeding to foreclose, provided that such joinder is necessary to foreclose on the Security Instrument and not for the purpose of terminating this Agreement. 22.4 Attornment. Licensee agrees that, upon receipt by Licensee of notice to attorn from Lender or any Acquiring Party, (i) Licensee shall not seek to terminate this Agreement and shall remain bound under this Agreement, provided that Licensee does not waive any rights that it may have hereunder to terminate this Agreement, in accordance with its terms, and (ii) Licensee shall attorn to, accept and recognize Lender or any Acquiring Party as the licensor hereunder pursuant to the provisions expressly set forth herein for the then remaining balance of the Term of this Agreement and my extensions or expansions thereof as made pursuant hereto. Licensee agrees to execute and deliver, at any time and from time to time, upon the request of Lender or any Acquiring Party any reasonable instrument which may be necessary or appropriate to evidence such attornment. 23. 9MEMER OF LICENSE RKMARMffiX dCNF Z Licensee shall remove all of its Equipment and other personal property from the Site prior to, and shall surrender the Licensed Space upon, the termination or expiration of this Agreement. The removal of Licensee's Equipment and other personal property shall be performed in such a manner as not to interfere with the continuing use of the Site by Licensor and others. Licensee shall, at Licensee's sole expense, promptly repair any damage caused by such removal, reasonable wear and tear excepted, to the Site, to the Licensed Space or to the equipment of any third party on the Site. Should any of Licensee's Equipment or other property remain on the Site after the expiration or termination of this Agreement, then: (i) no tenancy or interest in the Site shall result, and all such Equipment and other property shall be subject to immediate removal; (ii) in addition to any other rights or remedies that Licensor may have hereunder or at law or in equity: (a) Licensee shall, upon demand, pay to Licensor a fee equal to one and one-half (1 h) times the monthly portion of Basic Payment (based on the amount of the Basic Payment at the time of said expiration or termination) for each month or partial month during which any portion of Licensee's Equipment remains at the Site after the expiration or termination of this Agreement, TT: E 1532037 Prepared by: M. Patton App Rev #:1 Prepared on: I11=818 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 19 DocuSlon Envelope ID: 5AD40377-47OD-4A98-B43F-12ACOF10FFE2 Customer Site Name: COBB U61#3 Crown Site Name: WP12 (ABBS) Customer Site Na: N/A JD E Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site (b) Licensee shall pay to Licensor all expenses that Licensor may incur by reason of such Equipment or other property remaining at the Site after the expiration or termination of this Agreement, and (c) Licensee shall indemnify and hold Licensor harmless from and against all claims made against Licensor by any third party founded upon delay by Licensor in delivering possession of the Site to such third party or upon the improper or inadequate condition of the Site, to the extent that such delay or improper or inadequate condition is occasioned by the failure of Licensee to perform its said surrender obligations or timely surrender of the Licensed Space; and (iii) at any time, Licensor shall have the right, but not the obligation, to remove the Equipment or other pmperty and store it, all at Licensee's expense, subject to the following terms: (a) Licensor's liability for any damage to the Equipment or other property occasioned by such removal and storage is expressly waived by Licensee, (b) Equipment so removed shall be returned to Licensee upon payment in full of all removal and storage costs and any other fees owing under this Agreement, plus an administrative charge equal to fifty percent (50%) of the total of said removal and storage costs, and (c) notwithstanding the foregoing, any Equipment not retrieved by Licensee within ninety (90) days after its removal shall be deemed abandoned by Licensee, and shall become the property of Licensor without further action by either party, provided that such abandonment shall not relieve Licensee of liability for the costs of removal, storage and disposal of the Equipment, and Licensee shall reimburse Licensor for the cost of disposing of abandoned Equipment plus an administrative charge equal to fifty percent (50%) of the costs of said disposal. -24i, t''R16h-Ad-lt (TOtS The parties hereby agree that this Agreement shall be deemed to have revoked and superseded any Prior Agreement as of the Term Commencement Date, and the terms of this Agreement (together with applicable Laws) shall govern with respect to all matters hereunder occurring on or after said date. ?5-. Ct':}N1'E? Licensor shall, at Licensor's expense, ensure that the tower structure (if any) operated by Licensor on the Site complies with all applicable Laws, including all rules and regulations promulgated by the FCC and FAA with regard to lighting, marking and painting, except where noncompliance is due to Licensee's, Landlord's, Grantor's or other Site users' negligence or willful misconduct. All installations and operations by Licensee in connection with this Agreement shall meet and comply with all applicable Laws, including all applicable local codes and regulations, and all applicable rules and regulations promulgated by the FCC TT: E 1532037 Prepared by: M. Patton App Rev A I Prepared on: 1/12/2018 LRF Rev #: 2 RcvkW on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGEMMENT,(11-29-2016 version) 20 00 M r. - DocuSign Envelope ID: 5AD4D377-470D-4A96-B43F-12ACOF10FFE2 CROWN 'CASTLE Customer Site Name: COBB UUM3 Crown Site Name: WP12 (ABBS) Customer Site No.: N/A ME Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Grown Site and the FAA. Licensee shall promptly notify Licensor when Licensee becomes aware of a violation of any such Laws at the Site. 26. QT311['f'R'R1?AR S AND� [afij2'F'R , 7 M;. I:f This Agreement may be executed by original, facsimile, or electronic signatures (complying with the U.S. Federal ESIGN Act of 2000, 15 U.S.C. 96) and in any number of counterparts which shall be considered one instrument. Counterparts, signed facsimile and electronic copies of this Agreement shall legally bind the parties to the same extent as original documents. [Signature page follows] IT: E 1532037 Prepared by: M. Patton App Rev M 1 Prepared on: 1/12/2018 LRF Rev M 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSSE AGREEMENT (11-29-2016 version) M 1� OoeuSlgn'Envelbp& ID: 5AD4037,-1 7QD�4-A99=843F�,.`IZACOFlOFFE2 CASTLE �.k Customer Site Name: COBB U61#3 Customer Site No.: N/A Customer Type: Government Type of Site: Crown Site Crown Site Name: WP12 (ABBE) JDE Business Unit: 842787 License Identifier: 597888 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals on the Effective Date. Licensor CCATT LLC, a Delaware limited liability company By: V `varier Print Name: �� ne Title: Contract Development Date: Licensee City of Boynton Beach BY:�'....U� Print Name: LORI LAVE ..... . ,., RRIERE Title: CITY MANAGER Date: FEBRUARY 27, 2 018 Witness By: Print Ni 8y", Print Ni Witness By:. Print Name: a MY L. Sts e Print Name: MI APPROVED i i CITY ATTORNEY TT: E 1532037 Prepared by: M. Patton App Rev 0.1 Prepared on: 1/1212018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11,29-2016version) 4 0 ti r k—Qi— =--In . in. RAIlM1477-A7nMAACR-RA-%r..491L(InF4n)=PF7 CRO'O'N CASTLE Customer Site Name: COBB U61#3 Customer Site No.: NIA Customer Type: Govertu neat Type of Site: Crown Site SITE AND ACCESS AREA LEGAL DESCRIPTIONS Crown Site Name: WP12 (ABBS) JDE Business Unit: 842787 License Identifier: 597888 See Attached TT: E 1532037 Prepared by: M. Patton App Rey #: I Prepared on: 1/1712018 LRis Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) A, M DocuSign Envelope ID: SAD40377-47OD-4A$6-B43F-12ACOP10FFE2 An area measuring 107'x 74' and contained within the following parent parcel: 1. Wth 0 d$M= 2JJ 1410 -214, eUM a I With W4 33-0 ast UM 2. 9MAh 09 doom IL704P Uzt 27-0 XMI-Ot W ca a I irie Pudla with and 40.0 too; vast me to MM rIqft awqlea to) tM nut Ihm te wM aedt�w Sai Makth a dMM26 3squr Owt 34.0 if % tiva a," Lim Ot Nam SaMim 30; Owt dAq th* Wft JJM Do R?Ad awtim 36r 274 test to fto FMW.GP R"now. DvauSlgn Envelope M: SAD40377-4?00 4M&a43F 12ACOF10FFE2 J r i MMS..r IMMM .r.e suer FIRM � ••••:r.�..S•r I rrr.�..rr a izi�.raers-� "" rarawv r lour —'•.,..— ry '.,, �j . oar• r ave w —w.rr.r�rrr�rr. %MNNK�1aV sny►r. .1 I ........................+.++..., �, .,, j 60.r1L0 RYItri.i�'r r wr ��i.�.— Krt�rn rr .....rr J DocuSign Envelope ID: 5AD40377-470D-4A96-B43F-12ACOF10FFE2 -CROWN t, CASTLE Customer Site Name: COBB Util#3 Customer Site Na: WA Customer Type: Government Type of Site: Crown Site 7T: it 1532037 Crown Site Name: WP12 (ABBS) 3DE Business Unit: 842787 Lieense Identifier: 397888 :to�'x'KhM 'i teLkrns to ot:me t See Attached Prepared by: M. Patton App Rev #:1 Prepared on: 1112/2018 LRF Rev #: 2 Revised am CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29.-2016 version) 24 C'.C:TsitesTM : Cmwn Cwq le Online Annlicahon Pagel of 3 DocuSign Envelope ID: 5AD40377.4700-4A86-843F-12ACOF10FFF2 CROWN ..a , CASTLE Customer Approved: San 08 2018 Application ID: 396322 Revision # 1 Submitted. Nov 01 2017 Submitted By: Elizabeth Lamb Original Submit Date: Nov 012017 Desired Install Date: Jul 04 2017 Reason for Application: First time antenna installation JOE Job Number 446708 at this site Applications are subject to applicable Crown Castle engineering, regulatory, zoning/planning, and priority property -owner approval. Approval conditions may result In alternative requirements for type and/or placement of equipment. Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent of the customer. Company Information NLA: Stand Alone Agreement - TLA Company: CITY OF BOYNTON BEACH Address: 100 E BOYNTON BEACH BLVD City/Town: BOYNTON BEACH state: FL Postal Code: 33425 Customer Job N/A Number: Height: Customer N/A Payment Reference: Customer Site Name: COBB Utll#3 Customer Site Number: N/A Site Information Crown Castle WP12 (ABBS) Site Name: Crown Castle 842787 Site IUs Crown Castle Florida Districts Address: 11051 SOUTH MILrrARY TRAIL City/Town: BOYNTON BEACH State: FL Postal Code: 33436 County: Palm Beach Latitude: 26' 30'46.476" Longitude: -80' 7' 25.992" Structure SELF SUPPORT Structure 200 ft Type: Height: Legal Entity Information Operating Legal Entity: CITY OF BOYNTON BEACH Primary Contact: Barb Conboy E-mail: conboyb@bbfl.us Address: 124 E Woolright Road City/Town: Boynton Beach RF Contact: Waneya Bryant E-mail: bryantwObbfl.us Project Management Vendor Project Management Vendor: TBD Service Information Svc Technology EIRP (WATTS) Phone: 561-742-6406 Fax: 561-742-6298 State: FL Postal Code: 33435 Phone: S61-742-6427 Frequencies Transmit Receive Std Frequency Start Stop Start Stop MHz/6HY htdp:l/www.ccisitm.comlengappliclAppTrklEangPrint.do?command=View&printMode=true... 1/12=18 W ti f'Ciaitegw : C rnwn C'.a.gt[e Online Annlicatinn DowSign Envelope ID: 5AD40377-47OD4MO4343F12ACOF10FFE2 Page 2 of 3 1 FM Radio 35.0 ESMR-900 935.0 940.0 896.0 901.0 MHz Antenna Information SQ. Footage Cust Status Mount Class / Leg CAD C Line Mount or Mfg. / TransmitTransmitRecelveltecelve Pas. Mount Elev Level Azimuth Face Model Svc Start Stop Start Stop Use Orient Status A SIDE 135 131.0 90 Lea AMPHENOLI 935.0 940.0 896.0 901.0 TX/RXUprightProposed ARM Fr B BCD -8707 MOUNT 5ft Oin SIDE 25.0 ARM PRPSD MOUNT N/A N/A [SO N/A 201-1] N/A Feedline Information Pos.Customer Mount ClassQty Mfg. Model Length Location Ladder Type Status A SIDEARM MOUNT 1 Primary: ANDREW N/A ALS -50 N/A 185.0 Internal Leg B None Proposed Secondary: N/A Optional Component Information Pos.Customer Mount Class Qty. Mfg. A SIDE ARM MOUNT NIA WA Power Requirements VAC Meed Crown Power 120 No Lease, Pad, and Building Requirements Building Building Yd #: Building Type: Lease Pad Bullding Other Pad Requirements Number of Existing Cabinets: Number of Proposed Cabinets Cabinet Lease Pad Cabinet Generator Requirements No generators exist for this application Battery Requirements Type Qty. N/A 0 Tower Mounted Equipment Model Type Elevation Status N/A N/A N/A NIA Phase Amps Single Phase 0 N/A Width Height SQ. Footage Irregular Status N/A SQ. Footage Length Width Height SQ. Footage Irregular Status 5ft Oln 5ft Oin 5ft Oln 25.0 SQ. Footage PRPSD N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 1 Length Width Height SQ. Footage Irregular Status SQ. Footage N/A N/A N/A N/A N/A N/A N/A N/A PRPSD 5ft Oln 5ft Oin 5ft Oln 25.0 N/A PRPSD ift 101n ift 10in Oft loin 3.36 WA PRPSD Is Battery Backup Required? No Mfg. Model N/A N/A http://www.ceisites.comlengapplic/AppTrkEngPrint_do?command=View&printMode=true... 1/12/2018 00 Mgitea'm - rmwn C;actle Online Anmlicatinn Page 3 of 3 d DocuSign Envelope ID: 6AD40377-470D-4AWB48F-12ACOF10FFE2 N/A 0 WA N/A Scope of Work/Additional Information Scope of Worki r Install omnl antenna at 135 feet, Set AFrame on 0A5' leased area and mount M400 base statlon onto Aframe mount. Install coax and electric per Crown Castle requirements. **Indicates where Cut Sheet data has been entered. MOTICE. Structural, Analysis -shall be performed In accordance with the current revision of the TIA/EIA 222 standard and applicable local building permit codes and standards. ENE analysis shall be consistent with current revision of FCC/OSHA standard OETB 65. AM detuning, when required, will be performed to 47 CFM.371. The customer is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound installations. Installation of equipment not conforms ft to approved drawingsmay violate the terms of the oceupency'agreement and will be corrected at the customer's expense. Crown Castle requires drawings for pre -construction approval and as built drmwings for physical configuration validation to be submitted as unlocked AutoCAD files (version 20001 preferred). Appendix A - Antenna, Feedline, TME Spedflcations Antenna Specifications Quantity Manufacturer Model Type Helght - Width Depth Weight Flat Plate Area 1 AMPIIENOL SM -8707 OMNI 85.0 IN 2.6 IN 2.6 IN 20.0 LBS 0.0 IN2 Feedllne Specifications Quantity Manufacturer Model Nominal Size Nominal O.D. 1 ANDREW AL5-50 7/8 1.1 IN http;//www.ecisites.coag/engWlic/AppTrkEngP&t.do?command=View&printModvilo... 1/12/2018 icam'cc- .: 7!lfti5�1 aram "arm""'+sr�i Mal, tooftum MOW....m.".,. 3mm "wawe i wsmaarrrrur HOM NOINA08.40 AW -AU u, ivJ31 DNIIV /3dO x«mm vn Lftu Mmum snaom i�dObd0ytlZ6•dBVB96b9•a0tq-1G6000t/4 �OI adalan�r3 �ISa� pocuSlgn Envelope ID: 5AD40377-47OD-4A9&B43F-12ACOF10FFE2 Customer Site Name. a P Business Customer Type. Govermnent License Idendfier.- it --i Type FOXHIBIT C to Tower She License AgreementLOCATION OF EQUIPMENT BUILDINGNLOOR SPACE AND ANY OTHER GROUND -BAS ED INSTALLATION AT THE SITE TT: E 1532037 Prepared Prepared by: M. Patton App Rev #:1 Prepared on: 1/1212018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 25 0 LO r. - 9 DocuSign Envelope 10: SAD4037747OD-4AOe-B43F-12ACOFIDFFE2 DocuSlan Envelope ID: 5AD40377-470D-4A98-B43F-12ACOF10FFE2 CROWN Customer Site Name: COBE tJtil#3 Customer Site No.: N/A Customer Types Government Type of Site: Crown Site Crown Site Name: WP12 (ABBE) ME Business Unit: 842787 License Identifier: S97888 IT D to Tower Site License Agreement PRIME LEASE OR DEED See Attached IT. I;",• 1532037 Prepared by: M. Patton App Rev & 1 Prepared on; 1/12/2018 LRF Rev#: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-1016 version) 26 N to It.. aocuSign Envelope ID: 5AD40377-47OD.4A86-B43F-12ACOF1oFFE2 11051 South Military Trail, Boynton Beach, FL FA No. 10070049 GROUND LEASE AGREE1_7dZIff STATE® O — - (AT&T Fee Site) THIS GROUND LEASE AGREEMENT (the "Agreement") is made as of the date of the final signature below, by and between NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (Federal Tax Identification Number/Social Security Number. ) (together with its permitted successors and assigns, " sor") and NCWPCS MOL 25 — YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company (together with its permitted successors and assigns, "Lessee'1. 1. Definitions: " Ag reemert' means this Ground Lease Agreement. "Approvals" means all certificates, permits, licenses and other approvals that Lessee, in its reasonable discretion, deems necessary for its intended use of the Leased Premises. means December 16, 2013. "Defaulting Party' has the meaning set forth in Section 21 of this Agreement. "Easements" and "Utili wEaseme*" have the meanings set forth in Section 6 of this Agreement. "Hazardous Material" means any substance which is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii) radioactive materials. "Environmental Law(s)" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections 1251, at seq., as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, clean up, transportation or release or threatened release into the environment ofHazardous Material. "iwi r verve " means a wireless communications facility, including tower structures, equipment shelters, meter EXECUTION VERSION boards and related improvements and structures and uses incidental thereto. ".ease Term" means a period of ninety-nine (99) years following the Commencement Date of this Agreement. "Leased Premises" means that portion of Lessor's Property consisting of a parcel of approximately 7,918 square feet and outlined in red and described in Exhibit " arae" has the meaning set forth in the Recitals. "�w e's Nonce Ads " means oto New Cingular Wireless PCS, LLC, Attention: Network Real Estate Administration, Cell Site Name: Boynton Beach, FL, FA No. 10070049, 575 Morosgo Drive, 13-F West Tower, Atlanta, GA 30324, with copies to New Cingular Wireless PCS, LLC, Attention: Network Counsel, AT&T Legal Department, Cell Site Name: Boynton Beach, FL, FA No. 10070049, 208 S. Akard St., Dallas, TX 75202-4206, and to AT&T Inc., 208 S. Akard St., Dallas, TX 75202-4206, Attention: SVP and Assistant General Counsel — Corporate. "Lessor" has the meaning set forth in the Recitals. ",Lessor's Notice Address" means New Cingular Wireless PCS, LLC, Attention: Network Real Estate Administration, Cell Site Name: Boynton Beach, FL, FA No. 10070049, 575 Marrosgo Drive, 13-F West Tower, Atlanta, GA 30324, with copies to New Cingular Wireless PCS, LLC, Attention: Network Counsel, AT&T Legal Department, Cell Site Name: Boynton Beach, FL, FA No. 10070049, 208 S. Akard St., Dallas, TX 75202-4206, and to AT&T Inc., 208 S. Akard St., Dallas, TX 75202-4206, Attention: SVP and Assistant General Counsel — Corporate. "Lessor's Property" means the parcel of land located in the City of Boynton Beach, County of Palm Beach, State of Florida, owned by Lessor, which includes the Leased Premises, as further described in the instrument recorded in the Office of the Clerk and Comptroller of the County of Palm Beach, a copy of said instrument being attached hereto as Exhibit "A". "" has the meaning set forth in Section 20 of this Agreement. has the meaning set forth in Section 21 ofthis Agreement. DocuSign Envelope ID: BAD40377-47OD-4A86-B43F-12ACOF1oFFE2 nt" means the consideration payable by Lessee to Lessor in exchange for the Leased Premises in the amount of One Dollar ($i). 2. Lessor's Cooperation. During the Lease Term, Lessor shall reasonably cooperate with Lessee, at no out-of-pocket cost or expense to Lessor, in Lessee's efforts to obtain all of the Approvals, including all appeals. Lessor acknowledges that Lessee's ability to use the Leased Premises is contingent upon Lessee obtaining and maintaining the Approvals. Additionally, Lessor grants to Lessee and its employees, representatives, agents, and consultants a limited power of attorney to prepare, execute, submit, file and present on behalf of Lessor building, permitting, zoning or land -use applications with the appropriate local, state and/or federal agencies necessary to obtain land use changes, special exceptions, zoning variances, conditional use permits, special use permits, administrative permits, construction permits, operation permits and/or building permits. Lessor understands that any such application and/or the satisfaction of any requirements thereof may require Lessor's reasonable cooperation, which Lessor hereby agrees to provide, at no out-of-pocket cost or expense to Lessor. Lessor shall not knowingly do or permit anything that will interfere with or negate any Approvals pertaining to the Improvements or Leased Premises or cause them to be in nonconformance with applicable local, state or federal laws. Lessor agrees to execute such documents as may be necessary to obtain and thereafter maintain the Approvals, and agrees to be named as the applicant for said Approvals. Lessee shall not apply for or agree to any zoning, permitting or land use change, variance or condition that would adversely affect the use of Lessor's Property (excluding the Leased Premises) without the prior written consent of Lessor. 3. L e Term. Effective as of the Commencement Date, Lessor leases the Leased Premises to Lessee for the Lease Term. 4. ent. Beginning on the Commencement Date, Lessee shall pay Rent for the Leased Premises. S. Leased Premises. The description of the Leased Premises is set forth in Exhibit "B". b. Easements. Conditioned upon and subject to commencement of the Lease Term Lessor grants the following easements and rights-of-way over, under and upon Lessor's Property to Lessee, Lessee's employees, agents, contractors, sublessees, licensees and their employees, agents and contractors; (i) an easement over such portions of Lessor's Property as is reasonably necessary for the construction, repair, maintenance, replacement, demolition and removal of the facility to be located upon Leased Premises (provided that the same shall not unreasonably adversely affect the use of Lessor's Property, excluding the Leased Premises); (ii) an easement over such portion of Lessor's Property as is reasonably necessary to obtain or comply with any Approvals (provided that the same shall not unreasonably adversely affect the use EJ of Lessor's Property, excluding the Leased Premises); (iii) an easement in the location shown with a red arrow in Exhibit "B", for constriction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to access the nearest public right- of-way to the Leased Premises; (iv) a utility easement (the "Utility Easement") in the location shown with a red arrow in Exhibit "B", for the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes, provided that in the event that any public utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit KB" , at the sole option of Lessee, Lessor shall grant an alternate easement either to Lessee or directly to the public utility at no cost and in a location reasonably acceptable to Lessee and the public utility; and (v) to the extent not in use by Lessor as of the Commencement Date, a non-exclusive easement over Lessor's Property to expand the Leased Premises to a size not to exceed 10,000 usable square feet, without any additional costs to Lessor and subject to approval by Lessor, not to be unreasonably withheld, delayed or conditioned (collectively, the "Easements"). TO HAVE AND TO HOLD the Easements for the purposes provided during the Lease Term and thereafter for a reasonable period of time for Lessee to remove its improvements. 7. Use of Property. The Leased Premises and the Easements shall be used for the purpose of constructing, maintaining and operating the Improvements and uses incidental thereto. Lessee may place a security fence around the perimeter of the Leased Premises, the location of which shall be subject to Lessor's approval, not to be unreasonably withheld. All Improvements shall be constructed at Lessee's sole expense. Lessee will maintain the Leased Premises in a safe condition and in accordance with applicable law. S. RenLe g SJJaB,s. Lessee has the right to remove obstructions from Lessor's Property, including but not limited to vegetation, which may encroach upon, interfere with or,present a hazard to Lessee's use of the Leased Premises or the Easements. Lessee shall properly dispose of any materials removed. 9. Hazardous Materials. (A) Lessee's Ob ' "on ,#nd.JvAgmqhy. Lessee shall not (either with or without negligence) cause the escape, disposal or release of any Hazardous Materials on or from the Leased Premises in any manner prohibited by law. Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) from the release of any Hazardous Materials on the Leased Premises if caused by Lessee or persons acting under Lessee. (B) Lessor's Obligation and Indemnity. Lessor shall not (either with or without negligence) cause the escape, DocuaSign Envelope ID: 5AD4037747OD-4A96-843F-12ACOF1oFFE2 disposal or release of any Hazardous Materials on or from Lessor's Property or the Leased Premises in any manner prohibited by law. Lessor shall indemnify and hold Lessee harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) from the presence or release of any Hazardous Materials on Lessor's Property or the Lowed`Premises unless caused by Lessee or persons acting under Lessee. (C) Compliance with Laws. Lessor and Lessee agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party's activity conducted in or on the Lessor's Property or the Leased Premises. The . indemnifications of this Section 9 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Lessor's Property or the Leased Property conditions or any clean- up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 9 will survive the expiration or termination of this Agreement. 10. Real Waft Wages. Lessor shall pay all real estate taxes on Lessor's Property. 11. Insurance. Lessee, at its sole expense, shall obtain or cause to be obtained and keep or cause to be kept in force insurance which may be required by any applicable federal, state or local statute or ordinance of any governmental body having jurisdiction in connection with the operation of Lessee's business upon the Leased Premises. 12. Waiver of Claims and Righb of Snbroantion, The parties hereby waive any and all rights of action for negligence against the other on account of damage to the Improvements, Lessor's Property or to the Leased Premises resulting from any fire or other casualty of the kind covered by property insurance policies with extended coverage, regardless of whether or not, or in what amount, such insurance is carried by the parties. All policies of property insurance carried by either party for the Improvements, Lessor's Property or the Leased Premises shall include a clause or endorsement denying to the insurer rights by way of subrogation against the other party to the extent rights have been waived by the insured before the occurrence of Wary or loss. 13. Xydp nt Domain. If Lessor receives notice of a proposed taking by eminent domain of any part of the Leased Premises or the Easements, Lessor will notify Lessee of the proposed taking within ten (10) days of receiving said notice, and this Agreement will terminate if and only if the WL terminates with respect to the applicable site pursuant to Section 36 of the MPL. 14. Sale of Property. If Lessor sells any part of Lessor's Property of which the Leased Premises is a part, then such sale shall be subject to this Agreement. 15. Vg=der of Prnnerty. Upon expiration or termination of this Agreement, Lessee shall, within a reasonable time, remove all above -ground Improvements (including the existing tower on the Leased Premises as of the Commencement Date) and restore the Leased Premises as nearly as reasonably possible to its original condition, in each case as reasonably requested by Lessor, withaut, however, being required to replace any trees or other plants removed, or alter the then existing grading. 16. Hold Harmless. Each party shall indemnify and defend the other party against, and hold the other party harmless from, any claim of liability or loss from personal Wary or property damage arising from the use and occupancy of the Leased Premises or Lessor's Property by such indemnifying party, its employees, contractors, servants or agents, except to the extent such claims are caused by the intentional misconduct or negligent acts or omissions of the other party, its employees, contractors, servants or agents. 17. Lessor's Covenant of 'little. Lessor covenants that Lessor holds good and marketable fee simple title to Lessor's Property and the Leased Premises and has full authority to enter into and execute this Agreement. Lessor further covenants that there are no encumbrances or other impediments of title that might interfere with or be adverse to Lessee. IS. llnterfergnce. Lessor agrees that it will not permit the construction, installation or operation on Lessor's Property of any additional wireless communications tower or similar structure. The covenant made by Lessor in this Section is a covenant running with the land for the benefit of the Leased Premises. 19. QgJ#_&Jo_yjUa. Lessor covenants that Lessee, on paying Rent and performing the covenants of this Agreement, shall peaceably and quietly have, hold and enjoy the Leased Premises and Easements. 20. Mortea= This Agreement, Lessee's leasehold interest and the Easements, shall be subordinate to any mortgage, deed of trust, pledge or other security interest in the Property given by Lessor (each a '%4o e 3) which, from time to time, may encumber all or a portion of Lessor's Property, including the Leased Premises; provided, owever that the holder of any such Mortgage shall recognize (i) the validity of this Agreement in the event of foreclosure of 'any -interest(s) in Lessor's Property and (ii) Lessee's right to occupy the Property, .including any rights of access and/or utilities related thereto. Simultaneously with the execution of this Agreement, Lessor, at its sole cost and expense, shall obtain and furnish to Lessee a non- disturbance agreement, in recordable form, reasonably acceptable to Lessee for any such Mortgage currently LO LO I` DocuSIgn Envelope ID: 5AD40377-470D-4A86-B43F-12ACDFtOFFE2 encumbering all or a portion of the Leased Premises. Following the full execution of this Agreement and prior to the recordation of this Agreement, Lessor shall, if requested by Lessee, use commercially reasonable efforts to obtain and furnish to Lessee a non -disturbance agreement, in recordable form, reasonably acceptable to Lessee for any subsequent Mortgage that may encumber all or a portion of the Lessor's Property, including the Leased Premises, at Lessor's sole cost and expense. 21. DefouIt (A))off„of.�u]t 'od. In the event that there is a default by Lessor or Lessee (the "Defaulting Parhi') with respect to any of the provisions of this Agreement or Lessor's or Lessee's obligations under this Agreement, the other party (the "Non-DefaultingParlv'I shall give the Defaulting Party written notice of such default. After receipt of such written notice, the Defaulting Party shall have thirty (30) days in which to cure any monetary default and sixty (60) days in which to cure any non monetary default. The Defaulting Party shall have such extended periods as may be required beyond the sixty (60) day cure period to cure any non-monetaty default if the nature of the cure is such that it reasonably requires more than sixty (60) days to cure, and Defaulting Party commences the cure within the sixty (60) day period and thereafter continuously and diligently pursues the cure to completion. The Non - Defaulting Party may not maintain any action or effect any remedies for default against the Defaulting Party unless and until the Defaulting Party has failed to cure the same within the time periods provided in this Section. (B) Consequences of Lessee's Default, In the event that Lessor maintains any action or effects any remedies for default against Lessee, resulting in Lessee's dispossession or removal, (i) the hent shall be paid up to the date of such dispossession or removal and (ii) Lessor shall be entitled to recover from Lessee, in lieu of any other damages, as liquidated, final damages, a sum equal to the Rent. (C) G91we �pssnr' Da wit,, In the event that Lessor is in default beyond the applicable periods set forth above, Lessee may, at its option, upon written notice: (i) perform the obligation(s) of Lessor specified in such notice, in which case any expenditures reasonably made by Lessee in so doing shall be deemed paid for the account of Lessor and Lessor agrees to reimburse Lessee for said expenditures upon demand; (ii) take any actions that are consistent with Lessee's rights; or (iii) sue for injunctive relies; and/or sue for specific performance, and/or set-off from Rent any amount reasonably expended by Lessee as a result of such default. 22. Limitation oa Damages. In no event shall either party be liable to the other party for consequential, indirect, speculative or punitive damages in connection with or arising from this Agreement, or the use of the Leased Premises, Easements, and/or Utility Easement. 4 4 23.sor's W ver. Lessor hereby waives and releases any and all liens, whether statutory or under common law, with respect to any of Lessee's property now or hereafter located on the Leased Premises. 24. AI„ licable Law. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State where the Leased Premises is located. The parties agree that the venue for any litigation regarding this Agreement shall be the court of general jurisdiction in the county in which the Leased Premises are located. 25.ssi ment blease censi a d Eneumb Lessee has the right, at its sole discretion, to assign its interest in this Agreement and to sublease or license use of the Leased Premises, Easements and improvements. Assignment of this Agreement by Lessee shall be effective upon Lessee sending written notice to Lessor and shall relieve Lessee from any further liability or obligation. Lessee has the further right to pledge or encumber its interest in this Agreement. Upon request to Lessor from any leasehold mortgagee, Lessor agrees to give the holder of such leasehold mortgage written notice of any default by Lessee and an opportunity to cure any such default within fifteen (15) days after such notice with respect to monetary defaults and within a commercially reasonable period of time after such notice with respect to any non -monetary default. 26. Other A eements. Nothing in this Agreement is intended to amend, modify or supersede any provision of any agreement between the parties or their respective affiliates, including, without limitation, either that certain Master Agreement, dated as of October 18, 2013, by and among AT&T Inc., Grown Castle International Corp., Lessee and certain of their affiliates, or any "Collateral Agreement” (as defined in the Master Agreement). This Agreement is entered into in connection with such agreements. 27. Mi eellaneous. Recording . Lessee shall have the right to record a memorandum of this Agreement reasonably satisfactory to Lessor with the appropriate recording officer. Lessor shall execute and deliver such a memorandum, for no additional consideration, promptly upon Lessee's request. #rwe erg. Lessor and Lessee agree that this Agreement contains all of the agreements, promises and understandings between Lessor and Lessee. No oral agreements, promises or understandings shall be binding upon either Lessor or Lessee in any dispute, controversy or proceeding at law. Any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties hereto. Captions. The captions preceding the Sections of this Agreement are intended only for convenience of reference W LO r.- DocuSlgn Envelope ID: 5AD40377-470D-4ASS-MF-12ACGFIOFFE2 and in no way define, limit or describe the scope of this Agreement or the intent of any provision hereof. GOD struciim, of„_b-gul n t. Lessor and Lessee acknowledge that this document shall not be construed in favor of or against the drafter by virtue of said party being the drafter and that this Agreement shall not be construed as a binding offer until signed by Lessee. Notices. All notices hereunder shall be in writing and shall be given by (i) established national courier service which maintains delivery records, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be sent to Lessor at Lessor's Notice . Address and to Lessee at Lessee's Notice Address. ft3jaLjuxdjft,. If any term of this Agreement is found to be void or invalid, then such invalidity shall not affect the remaining terms of this' Agreement, which shall continue in full force and effect. I- LO I- DocuSign Envelope ID: 5AD40377-47OD-4A86-B43F-12ACOF10FFE2 IN WITNESS WHEREOF, Lessor and Lessee having read lite roregoing and intending to be legally bound hereby. have executed this Agreement as of the day and year this Agreement is fully executed. LESSOR: NEW CINGULAR WIRIiiI?SS PCS. LLC By: AT&T 11 C ration, its Manager By. Name U f trp�d "Title; AQ%&S-geelfetary + Witness:!" "�... STATE OF TEXAS COUNTY OF DALLAS On this day personally appeared before me .L. lf" —AVf vo _ , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acledged that helshelthey signed the same as hisnter their free and voluntary act and deed. for the uses and purposes therein mentioned. Given under my hand and seal of ofiiee this day of �Ce rn , 2013. Notary Public residing at 3 ++ , �, TAMARA KETTERING •�• , Notary Public. State of Texas My ComrnlssfOn Expires a Printed Name: _ �!% 'w,'a;� May 16, 2017 My Commission Expires:._..[ 7- _ ISignatures continued on following page] IAT&- I Signature Pugs to ltewrval Properl., Lease Bo-nton Batch. I`LI DocuSign Envelope ID: 5AD40377-470D-4Ag6-843F-12ACOF10FFE2 STATE OF TEXAS COUNTY OF DALLAS LESSEE., NCWPCS Wt. 25 - YEAR SlIT-.S'I*0WLR HOLD] NGS LLC By: AT&T .ration. its Manager By:..., Name: ir 0 tie Cd Titte: Assistant Secretary Witness: 6110 On this day personally appeared b9bre me &&& 'I U ,tome known to be the individ al(s) described in and who executed the within and foregoing instrument, iind� �acowledj'g'cd that he/she/they signed the some as histherIfficir free and voluntary act and deed, far the uses and purposes therein mentioned. (Iliven under my hand and seal of office this M day or-m-ber 2013. Notary Public residing aiTAMARA KETIER,Ze r4olory Public. 6101t tit IM IAZA-944-9 ;j McommIS Y EM000 iles Printed Name.r QV 16, 20 My Commission Expires, IAI&- I IsIgninure Page to Rubened ftlperLy I.Calse .. lkwill(Ill Beach. 11.1 9 DocuSlgn Envelope ID: 5AD40377-470D-4A96-B49F-12ACOF10FFE2 Copy of Lift Station Easement Agreement (Attached.) UocuSign •-.ya.n..rpr-.'w.aRM'of r 'S97.:ROS'A�'.L'ltli�.At^t"-.'�'.'LY:�� ., ,, �� ,,., . , "�. gym, M 475"311. Pal JIL 2 It 7 • -- IN V4Ns58 HIMM the pasty of the firat,yaet has hereto not its hind and goal, at if Corporate, her" wwad thio tinktumat to be signed. Is its Cospoteate NOW b'y Stu 644 sugbotised oflficarx and its setom � re7� � fixed by authority pE,its Board of Directors, thin the . 1990.• ' Nit att "& L4rsr t�g�11eT ANR_ 1Nc.. as r AL�.im�leB��+Kx • � �,, Corporate Case . 'I. (Seal) v.%Q 51f: p 4i. Cared i j1 lrbaidant � 1 rMnuCnOgy �. FA � �:'r1•� slstent Soasotsry . .�, its .. AT&Tip granter - ications. Inc. . novWx Cellular Talophane Co. 401 R. Peachtree St., N.E. 0420 Narehwase 23rd Avenue Ce Atlanta, orAln 70300 . !c* Lauderdale, PLarido 33311 ATTN.-L.C. flagalvey Benjamin Nater • . hs State • of County of I hereby certify tbot on this day before aft. an office* duly awthoxlmed Ln tlw state oforasgid and the county aforesaid to take acknowiedp eents, personally u appeared y;J,, sArreft_ , to lee known and known to be the parson described In and executed ecuted the forsgoitg Instrument as vice Preatdene_ of the corporation towed therein, avid personally acknowledged before we that he executed the save as an officer In the taxa and an behalf of Said corporation. Gives twAsr by hand end seal this day of • •�.�••', 19 0:•, • �ag:tius Bwl�(�PIRTitMgl E� 4• ��/•.' M1•• M'"�%% d.� ti=i sy�tae�oesisswuN:erbalT,lf4i ' • .�. s- Miic ' R" f. $his Instrument prepared by: "•.,._ Larry B. MAlvey. Esq. AB g" American Telephone i Telegraph Co. PJILRI9PJ NCO PIA 601 N. Peaebttea St.. N.E. d, Atlaates 9A 393x8 • ,a N Cfl DocuSign Envelope ID; 5AD40377-47OD-4Ag6-B43F.12A,COFIOFFE2 E7`'lilBaT "B» 11051 Son* MRItajT Trail, Boynton Beach, FL, FA # 10070049 ° Leased Premises is approximately 107 x 74 feet as seen in drawing alwM1=e (flipped upside down to match picture) and marked with solid red line on wap. Access is the some as other carriers on the site through the existingparking lot and is approximately 16-20' wide. Red arra%, indicates access to ROW. 7 L7 � LI 11051 Son* MRItajT Trail, Boynton Beach, FL, FA # 10070049 ° Leased Premises is approximately 107 x 74 feet as seen in drawing alwM1=e (flipped upside down to match picture) and marked with solid red line on wap. Access is the some as other carriers on the site through the existingparking lot and is approximately 16-20' wide. Red arra%, indicates access to ROW. 7 DocuSign Envelope ID: 5AD40377-47OD-4A9B-B43F-12ACOFlOFFE2 If new fencing is required to separate the tower compound from the portion of Lessor's Property that is not the Leased Premises as of the date hereof and/or from the surrounding area that is not Lessor's Property, then Lessor shall complete placement of such new fencing within ninety (90) days after the receipt of any necessary third -party permits or approvals (and shall use commercially reasonable efforts to obtain all such permits or approvals after the Commencement Date). For clarity, Lessor shall have no obligation to modify existing fencing surrounding the tower compound solely to align with the boundaries of the Leased Premises or to accommodate future expansion of the Leased Premises. In the event that either Lessor or Lessee shall obtain a survey for Leased Premises after the date hereof provided that such survey is approved by both parties (such approval not to be unreasonably withheld, delayed or conditioned), then the parties shall supplement and/or replace the drawing on this Exhibit B with such survey. 6.G Consent Agenda 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Resolution No. R23-089- Amendment to the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (LHAP), for the period 2021 thru 2024. Requested Action by Commission: Approve and adopt an amendment to the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (LHAP), for the period 2021 thru 2024, by adding two Housing Strategies; one Housing Incentive Strategy; and Technical Revision; and authorize the Mayor to execute the necessary certification for the transmittal of the document to Florida Housing Finance Corporation. Explanation of Request: The City of Boynton Beach has established a LHAP in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The City's LHAP was initiated with adoption of Ordinance No. 97-11 on May 6, 1997. The program was designed to promote and implement the goals of the SHIP Program and the Housing element of the City's Comprehensive Plan by producing and preserving affordable housing. The City of Boynton Beach receives dedicated revenues resulting from the William E. Sadowski Affordable Housing Act, which are distributed to various municipalities that are "entitled" communities to assist with affordable housing efforts. The City's current LHAP was written for the period 2021 thru 2024 with two housing strategies Purchase Assistance with or without Rehabilitation and Owner -Occupied Rehabilitation, as adopted by Resolution R21-080. In order to further increase the opportunities to assist eligible households, and to meet current housing market conditions, staff is recommending to add two Housing Strategies; one Housing Incentive Strategy and Technical Revision as summarized below and further explained in the attached LHAP - attached as Attachment A. Housing Strategies: 1. Emergency Repair — Limited Rehabilitation 765 This strategy is to assist low to very low-income households, where at least one homeowner residing in the residence is at least 62 years old and/or have a member of the household that is disabled as defined by F.S. 420.0004 (7). This strategy is designed to correct repair or replace an essential system and/or critical structural problem. The purpose is to stabilize the homeowner's residence by making essential repairs to make the home safe, accessible and livable. The needed repairs may include but not limited to correcting City building code violations; eliminating incipient housing code violations; electrical or plumbing problems; air conditioning replacement; accessibility improvements for occupant(s) with disabilities. The maximum grant award for this strategy is $20,000.00. 2. Rapid Re -Housing The Rapid Re -Housing Strategy is created to assist very low-income individuals or families who are homeless as defined by F.S. 420.621(5). This is a household that lacks a fixed, regular and adequate nighttime residence. Individuals must not have sufficient available resources to obtain or support existing housing; and no other sources of assistance have been identified; and the household lacks an existing support network to provide housing assistance. As needed, a Request for Proposals and/or open application process will be utilized to select a Subrecipient to implement the strategy. The Subrecipient must be a Non -Profit organization with capacity and capability to carry -out the strategy/program in a timely manner; with experience in completing similar strategy/program. The Subrecipient will have a background information on many applicants (e.g., through the Homeless Management Information System); and capacity to provide housing stability counseling; and compliance reporting requirements necessary to meet the statutory requirements for monitoring of SHIP Program. The type of assistance could be rental assistance, security deposit and/or utility deposits. Eligible households are limited once per lifetime. Assistance will be provided directly to the housing provider and/or utility company on behalf on the applicant(s). Eligible applicant(s) will be assisted based on funding availability. The maximum grant award for this strategy is $10,000.00. Housing Incentive Strategy: This strategy was approved as part of the FY 2022 Affordable Housing Advisory Committee 766 (AHAC) — Housing Incentives Report R23-006, attached as Attachment B. 1. Fee Waivers for Affordable Housing The modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. Description of the procedures used to implement this strategy: City's Impact fees (Parks, Water and Sewer) may be subsidized for new constructions of single-family affordable housing projects with SHIP funds. In conjunction with the SHIP down payment assistance; at closing the developer could receive a credit for City's impact fee paid from the SHIP Program, by meeting all of the following conditions: • Purchase price is at or below of SHIP Program Maximum Purchase Price (Maximum purchase price is updated yearly by Florida Finance Corporation) • Home buyer is income eligible to participate on the City's Purchase Assistance Program • Home buyer participates in the City's SHIP Purchase Assistance Program The Building Department will offer non-profit developers constructing Affordable Housing dwellings up to two expedited permit reviews at no cost (a credit up to $1,000.00) as long as the buyer participates in the City's SHIP Purchase Assistance Program. Technical Revision: 1. Purchase Assistance Strategy In order for income eligible individuals participating in the SHIP Purchase Assistance Program, to meet and somewhat compete with the current increase in housing conditions, staff is requesting adding a new Maximum Award to the Purchase Assistance Strategy; an increase on homebuyer's subsidies for purchases involving a new constructed single-family unit. Maximum Awards Income Existing New Homes Homes Very Low $75,000.00 $95,000.00 Low $65,000.00 $85,000.00 767 Moderate $25,000.00 $50,000.00 Eligible costs under this strategy may include gap financing, down payment and closing costs. Applicant must be a first time homebuyer as defined in section I (R) of the LHAP. Applicant(s) must complete a 6 -hour Homebuyer Education class from a HUD -approved housing counseling agency prior to loan closing. Applicant(s) will be selected on a first -qualified, first- served basis, with priorities given to Special Needs Households and Essential Services Personnel as described in Section 1 (1) of the LHAP. The individual awards will be protected by placing an encumbrance by way of a second mortgage on the purchased property for fifteen years. The Purchase Assistance Strategy is further explained in the LHAP - attached as Attachment A. Staff vetted these changes to the LHAP with the state agency that administers the SHIP Program (Florida Housing Finance Corporation), and it was determined that the proposed amendment is accepted as presented, conditional to City Commission resolution approval and Mayor's execution of LHAP's certification. How will this affect city programs or services? The program will continue to promote and implement the goals of the City's Comprehensive Plan by producing and preserving affordable housing citywide for very low-income, low- income, and moderate -income households within the City of Boynton Beach. Adding new strategies and increasing the amount of subsidy will make the City's SHIP program more marketable to qualified Individuals. Fiscal Impact: Adding new strategies to the LHAP and increasing the subsidy to the Purchase Assistance Strategy as previously explained, will enable the City to expend SHIP funds in a timely manner as required by the State, and ensure the continuance of assisting with housing affordability programs. Attachments: R23-089 Amend ment_to_SHIP_2021-24_-_Reso.pdf Attachment A - 2021-2024 LHAP Amendment.pdf Attachment B - R23-006 - 2022 AHAC Report.pdf 768 1 2 3 4 RESOLUTION R23-089 5 6 7 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 8 FLORIDA, APPROVING AND ADOPTING AN AMENDMENT 9 TO THE CITY'S STATE HOUSING INITIATIVES 10 PARTNERSHIP (SHIP) PROGRAM, LOCAL HOUSING 11 ASSISTANCE PLAN (LHAP), FOR THE PERIOD 2021 THRU 12 2024, BY ADDING TWO HOUSING STRATEGIES; ONE 13 HOUSING INCENTIVE STRATEGY; AND TECHNICAL 14 REVISION; AND AUTHORIZING THE MAYOR TO EXECUTE 1.5 THE NECESSARY CERTIFICATION FOR THE TRANSMITTAL 16 OF THE DOCUMENT TO FLORIDA HOUSING FINANCE 17 CORPORATION; PROVIDING AN EFFECTIVE DATE. 18 19 WHEREAS, the City of Boynton Beach has established a LHAP in accordance with 20 Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code; 21 and 22 WHEREAS, the program was designed to promote and implement the goals of the 23 SHIP Program and the Housing element of the City's Comprehensive Plan by producing and 24 preserving affordable housing; and 25 WHEREAS, The City of Boynton Beach receives dedicated revenues resulting from 26 the William E. Sadowski Affordable Housing Act, which are distributed to various 27 municipalities that are "entitled" communities to assist with affordable housing efforts; and 28 WHEREAS, The City's current LHAP was written for the period 2021 thru 2024 with 29 two housing strategies Purchase Assistance with or without Rehabilitation and Owner - 30 Occupied Rehabilitation, as adopted by Resolution R21-080; and 31 WHEREAS, in order to further increase the opportunities to assist eligible 32 households, and to meet current housing market conditions, staff is recommending to add 33 two Housing Strategies; one Housing Incentive Strategy and Technical Revision as 34 summarized below and further explained in the attached LHAP; and 35 WHEREAS, upon the recommendation of staff, the City Commission deems it to be 36 in the best interests of the citizens and residents of the City of Boynton Beach to approve 37 and adopt an amendment to the City's State Housing Initiatives Partnership (SHIP) Program, 38 Local Housing Assistance Plan (LHAP), for the period 2021 thru 2024, by adding two Housing 39 Strategies; one Housing Incentive Strategy; and Technical Revision; and authorizing the 40 Mayor to execute the necessary certification for the transmittal of the document to Florida 41 S:ACA\RESO\Amendment to SHIP (2021-24) - Reso.doex 769 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 so 81 82 Housing Finance Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and adopts an amendment to the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (LHAP), for the period 2021 thru 2024, by adding two Housing Strategies; one Housing Incentive Strategy; and Technical Revision; and authorizing the Mayor to execute the necessary certification for the transmittal of the document to Florida Housing Finance Corporation, a copy of the amendment is attached hereto and incorporated herein by reference as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of July, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Amendment to SHIP (2021-24) - Reso.doex VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 770 S:ACA\RESO\Amendment to SHIP (2021-24) - Reso.docx 771 SHIP LHAP Florida City of Boynton Beach State Housing Initiatives Partnership (SHIP) LOCAL HOUSING ASSISTANCE PLAN (LHAP) 2021-2022, 2022-2023, 2023-2024 Department of Financial Services — Community Improvement Division 100 East Ocean Avenue Boynton Beach, FL 33435 1 772 SHIP LHAP Florid 1it tl,ari . Table of Contents Description Page # Section I, Program Details 2 Section II, LHAP Strategies 6 A. Purchase Assistance with or without Rehabilitation 6 B. Owner -Occupied Rehabilitation 9 C, Emergency Repair 11 D. Rapid Re -Housing 1 E. Disaster Relief 14 Section III, Incentive Strategies 15 A. Expedited Permitting 15 B. Ongoing Review Process 16 C. Other Incentives 16 Exhibits 18 A. Administrative Budget for each fiscal year covered in the Plan B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan D. Signed LHAP Certification E. Signed, dated, witnessed or attested adopting resolution F. Ordinance: (If changed from the original creating ordinance) G. Interlocal Agreement Program Details: A. Name of Local Government City of Boynton Beach Does this LHAP contain an interlocal agreement? No If yes, name of other local government(s) NA B. Purpose of the program: 2 773 SHIP LHAP To meet the housing needs of the very low, low and moderate -income households; To expand production of and preserve affordable housing; and To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2021-2022, 2022-2023, 2023-2024 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and community-based housing providers and service organizations, providers of professional services related to affordable housing, advocates for low- income persons, real estate professionals, persons or entities that can provide housing or support services and lead agencies of the local continuums of care. F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers and local lenders and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Waiting List/Priorities: A waiting list will be established when there are eligible applicants for strategies that no longer have funding available. Those households on the waiting list will be notified of their status. Applicants will be maintained in an order that is consistent with the time completed applications were submitted as well as any established funding priorities as described in this plan. The following priorities for funding (very low income, Special Needs, etc.) described/listed here apply to all strategies unless otherwise stated in an individual strategy in Section II: Order of Ranking Priority is as follows, with first-time applicants being a priority in each category: a. Special Needs households a. Very low b. Low c. Moderate b. Essential Services Personnel a. Very low b. Low c. Moderate 3 774 SHIP LHAP J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. K. Support Services and Counseling: Support services are available from various sources. Available support services may include, but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling, Foreclosure Counseling and Transportation. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the average area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: U.S. Treasury Department X Local HFA Numbers M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.floridahousing.org. "Affordable" means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071, F.S. However, it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. O. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $10,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible 775 SHIP LHAP persons. P. Administrative Budget: A line -item budget is attached as Exhibit A. The city/county finds that the moneys deposited in the local housing assistance trust fund are necessary to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be performed by: Entity Duties Admin. Fee Percentage Local Government City of Boynton Beach 10% R. First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following definition will apply: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they are considered first-time homebuyers). A single parent who has only owned a home with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. S. Project Delivery Costs: N/A T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school district employees, community college and university employees, police and fire personnel, health care personnel, and skilled building trades personnel. U. Describe efforts to incorporate Green Building and Energy Saving products and processes: The City of Boynton Beach evaluates all properties in order to pursue assistance with improvements and/or funding to replace depleted assets. The City will continue its efforts to use Energy Star and/or energy efficient products for the following components: • Windows and doors (preferably impact resistant) Roofing materials Central Air/Heating Units, with a minimum 16 SEER 5 776 SHIP LHAP Floridait tl,ari . • Programmable Thermostats • Insulation, with an upgrade to R-30 • Hot Water Heaters • Water conservation utilizing "Water Sense" Technology o Toilets o Showerheads o Faucet aerators • Hurricane Shutters The City implemented a Green Building Program, which established procedures and incentives for the implementation of green building standard Chapter Two, Article One Overview, of the City's Land Development Regulations by Ordinance 11.014. This effort demonstrates the City of Boynton Beach's commitment to a green building program. V. Describe efforts to meet the 20% Special Needs set-aside: The city will collaborate with non -profits, social service agencies and organizations that provide services to individuals and households designated as special needs, as define in 420.0004, F.S. Persons with developmental disabilities will have first priority to achieve the set-aside funding allocation. American Disabilities Act (ADA) accessibility measures to include bathroom accommodation i.e. fixtures, toilets, showers and grab bars; wheelchair ramps; door widening; kitchen accommodations and accessibility from the outside of the home. Lastly, the minimum monetary contribution required for purchase assistance is reduced to the lowest amount possible for special needs households. W. Describe efforts to reduce homelessness: The City of Boynton Beach continues to collaborate with The Homeless and Housing Alliance (HHA) of Palm Beach County (formerly the Continuum of Care) in its efforts to deliver comprehensive and coordinated continuum of services to homeless individuals and families in Palm Beach County. Components of HHA include homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, permanent housing and permanent supportive housing. Section II. LHAP Strategies: A. Purchase Assistance with or without Rehabilitation Codes 1, 2 a. Summary of Strategy: This strategy will assist income eligible homebuyers with the purchase an existing property or a new home (certificate of occupancy issued within the last 12 months). Eligible costs under this strategy may include gap financing, down payment and closing costs, and rehabilitation repairs needed to make the unit habitable. Rehabilitation is defined as repairs or improvements needed for safe and sanitary habitation, to correct substantial code violations, to create additional living space, to improve accessibility for persons with special needs and to provide hurricane mitigation. A qualifying rehabilitation improvement requires a building permit, with the exception of improvements necessary to address accessibility/mobility needs (e.g. replacing damaged or unsafe flooring that is a safety hazard to a resident with special mobility needs or limitations). 777 SHIP LHAP b. Fiscal Years Covered: 2021-2022, 2022-2023, 2023-2024 Income Categories to be served: Very low, low and moderate d. Maximum award: Very low: $75,000.00 Low: $65,000.00 Moderate: $25,000.00 Cin purchases involving a new constructed single-family unit, income eligible homebuyer's Maximum Award is: Very Low: $95,000.00 Low: $35,000.00 Moderate: $50,000.00 e. Terms: 1. Repayment loan/deferred loan/grant: Deferred loan secured by a note and mortgage. 2. Interest Rate: 0% 3. Years in loan term: 15 4. Forgiveness: The loan is forgiven at the end of the 15 -year term. 5. Repayment: No repayment as long as the loan is in good standing and no default occurs. 6. Default: The loan is in default if any of the following occurs during the loan term: sale, transfer, or conveyance of property; conversion to a rental property, vacating of property, loss of homestead exemption status; failure to occupy the home as primary residence, refinancing with cash out or debt consolidation, or subject to a Reverse Mortgage. If any of these occur, the outstanding balance of the deferred loan is due and payable to the City of Boynton Beach. In cases where the qualifying homeowner(s) die during the loan term, an income eligible heir who will occupy the home as a primary residence may assume the loan. If the legal heir is not income eligible, chooses not to occupy the home, or the house is sold, transferred, or refinanced, the outstanding balance of the loan will be due and payable to the City of Boynton Beach. An income -eligible heir must execute a Mortgage and Promissory Note. The Mortgage will be recorded in the public records of Palm Beach County. In the event where failure to pay the superior mortgage lien holder leads to foreclosure and/or loss of property, the City may foreclose and take legal actions to recover the secured mortgage funds. Recipient Selection Criteria: Applicant must be a first time homebuyer as defined in section I (R) of this plan. Applicant(s) must complete a 6 -hour Homebuyer Education class from a HUD -approved housing 7 778 SHIP LHAP counseling agency prior to loan closing. Applicant(s) will be selected on a first -qualified, first-served basis with priorities given to income groups described in Section 1 (1) of this plan. Sponsor Selection Criteria: Not Applicable h. Additional Information: Applicant(s) must secure a fixed-rate, 30 -year first mortgage loan from an institutional first mortgage lender with a rate not to exceed 0.5% over the "Primary Mortgage Market Survey". All bank and loan fees cannot exceed 6% of the loan amount. 2. Eligible properties include the purchase of existing single-family homes, duplexes, townhouses, villas and condominiums. Mobile homes are ineligible. 3. Eligible property must be located within the City limits of Boynton Beach. 4. Applicant(s) minimum cash contribution shall be as follows: Very Low Income or Disabled Households — $1,000 or 1% of the purchase price, whichever is less. Includes all items pre -paid by the applicant; Low Income — $2,000 or 1.5% of the purchase price, whichever is less. Includes all items pre -paid by the applicant; and Moderate Income — $3,000 or 2% of the purchase price whichever is less. Includes all items pre- paid by the applicant. Applicant(s) who have monetary assets exceeding $25,000 (gifts included in the asset calculation) must contribute one-third (1/3) of the funds toward the purchase. The exception to this would be if the applicant has funds in a retirement fund accessible only by termination or retirement. This contribution would count toward the minimum down payment requirement (see Item #4 above). 6. Applicant(s) must not own any other property used for residential purposes. 7. Property will be inspected by a City Building Inspector or Construction Coordinator as part of the application review process, to ensure that the funding amount to be awarded would fully cover the cost to bring the property into compliance with minimum building codes intended to provide safe and sanitary habitation, as well as corrections needed to remedy substantial code violations. Subordination of the SHIP program loan will not be approved for purposes other than to refinance the first mortgage on the subject property to improve rate and/or term. The City of Boynton Beach will only allow One (1) subordination approval during the term of the SHIP program loan. The City may consent to a subordination of its loan to allow the homebuyer to receive cash out for emergency home repairs that become necessary to sustain homeownership and maintain the health and safety of the residents. 9. The City of Boynton Beach reserves the right to deny any subordination request it deems not in its' or the homeowner's best interest i.e. exorbitant closing cost fees (closing cost may not exceed 6% of loan amount), interest rate may not exceed 1.5% of the current first mortgage. The authority to approve subordinate requests or exceptions to the Subordination Policy will rest the 779 SHIP LHAP Florida 11 tl,ari . City Manager or his/her designee. 10. Eligible applicants may apply again for SHIP assistance after the end of the affordability period. 11. On purchases involving a newly constructed single-family unit, at closing, developers may be eligible to receive a credit from the City's SHIP Purchase Assistance Program, to subsidize City's building permit -Impact fees paid (parks, water and sewer); by meeting all the following conditions: i. Purchase price is at or below the SHIP Program Maximum Purchase Price (updated yearly and set by Florida Finance Corporation). ii. Home buyer is income eligible to participate on the City's Purchase Assistance Program. iii. Home buyer participates in the City's SHIP Purchase Assistance Program. The credit given to developer will be applied to home buyer's down payment assistance. B. Owner -Occupied Rehabilitation Codes 3 a. Summary of Strategy: This strategy will assist income eligible owner -occupied homeowners with needed repairs, accessibility/architectural barriers and hurricane mitigation. Rehabilitation is defined as the repairs and/or improvements needed for safe and sanitary habitation, and/or correction of substantial code violations both interior and exterior. A qualifying rehabilitation improvement requires a building permit, with the exception of improvements necessary to address accessibility/mobility needs (e.g. replacing damaged or unsafe flooring that is a safety hazard to a resident with special mobility needs or limitations). b. Fiscal Years Covered: 2021-2022, 2022-2023, 2023-2024 C. Income Categories to be served: Very low, low and moderate d. Maximum award: Very low: $95,000.00 Low: $85,000.00 Moderate: $50,000.00 e. Terms: 2. Repayment loan/deferred loan/grant: Deferred loan secured by a note and mortgage. 3. Interest Rate: 0% 4. Years in loan term: 15 5. Forgiveness: The loan is forgiven 1/15th per year over the 15 -year term. 6. Repayment: No repayment as long as the loan is in good standing and no default occurs. 780 SHIP LHAP Default: The loan is in default if any of the following occurs during the loan term: sale, transfer, or conveyance of property; conversion to a rental property, vacating of property, loss of homestead exemption status; failure to occupy the home as primary residence, refinancing with cash out or debt consolidation, or subject to a Reverse Mortgage. If any of these occur, the outstanding balance of the deferred loan is due and payable to the City of Boynton Beach. In cases where the qualifying homeowner(s) die during the loan term, an income eligible heir who will occupy the home as a primary residence may assume the loan. If the legal heir is not income eligible, chooses not to occupy the home, or the house is sold, transferred, or refinanced, the outstanding balance of the loan will be due and payable to the City of Boynton Beach. An income -eligible heir must execute a Mortgage and Promissory Note. The Mortgage will be recorded in the public records of Palm Beach County. In the event where failure to pay the superior mortgage lien holder leads to foreclosure and/or loss of property, the City may foreclose and take legal actions to recover the secured mortgage funds. Recipient Selection Criteria: Applicant(s) will be selected on a first -qualified, first-served basis with priorities give to income groups described in Section 1 (1) of this plan. Sponsor Selection Criteria: Not Applicable h. Additional Information: This program will address repairs for owner -occupied properties. Eligible properties include single-family dwelling, duplexes, townhouses, villas and condominiums. Condominiums are eligible for interior repairs only. Rental Properties and Mobile Homes are ineligible for assistance. 2. Applicant cannot receive additional SHIP assistance during the affordability period except for those households affected by a disaster and/or that experience the need for improvements to address handicap accessibilities/architectural barriers at any time during the loan term. Applicant(s) may not own any other residence; and must own, occupy, and homestead the home being rehabilitated for the duration of the deferred payment loan. All property taxes and mortgage payments must be current at time of application. 4. Eligible property must be located within the City limit of Boynton Beach Other eligible repairs may include but are not limited to the cost of labor and materials for: a. Installation and/or repairs of sanitary water and waste, disposal systems, together with related plumbing and fixtures, which meet local health department requirements; b. Energy conservation measures such as installation of energy efficiency door and windows; c. Repair or replacement of heating and/or cooling systems with high energy efficient 16 SEER or higher; 10 781 SHIP LHAP Florida1it tl,ari . Electrical upgrading Repair or provision for structural support and foundation; Replacement of seriously deteriorated siding, porches, or stoops; Alteration of the unit's interior or exterior to provide greater accessibility for any family member that may be physically impaired or have mobility problems Repair or replacement of roofing system; and Energy efficiency and green housing related repairs shall be encouraged; Repairs shall be subject to applicable or selected building codes from the FBC 2020 7" Edition and the Boynton Beach Amendments thereto. Repairs of an emergency nature, as determined by the City of Boynton Beach's Construction Coordinator, will be given priority. Applicant(s) are required to have property insurance. If the property is uninsurable due to health, safety, or code violations and the rehabilitation is addressing the issues; or there is a severe case of hardship to household (housing and insurance expenses exceeds 50% of the fixed house income), the City of Boynton Community Improvement Manager or his/her designee will evaluate funding the first-year annual insurance premium. The applicant(s) is responsible for all subsequent insurance premiums. To ensure compliance the City will be listed as an additional insured on the insurance policy. Subordination of the SHIP program loan will not be approved for a purpose other than refinance debt that was secured by the subject property prior to or of the same date of the SHIP program loan. The City of Boynton Beach will only allow one subordination approval during the term of the SHIP program loan. The City of Boynton reserves the right to deny any subordination request it deems not in its' or the homeowner's best interest. The authority to approve subordinate requests or exceptions to the Subordination Policy will rest the City Manager or his/her designee. 11161 MT W3,11 A, Summary of Strateya The Emergency Re air Program is designed to correct re air or replace an essential system and/or critical structural problem. The purpose of the Eer encu Repair -Limited Rehabilitation Program is to stabilize the homeowner's residence b making essential repairs to make the home safes accessible and livable. The needed repairs may include but not limited to correctin City Building Code violations; eliminating incipient housing code violations; electrical or plumbing problems; air conditioning replacement; accessibilit improvements for occupants) with disabilities; single families detached dwellings could also be eligible for roof replacement, other conditions that could cause the home to be or become uninhabitable these conditions to be considered on case by case basis. 11 782 SHIP LHAP Floridto 1-�i'o isi C. lncoMtCategories to be Served° �/ery Low, Low d. Maxi m u m Award: 122,000.00 e Terms: 1. Grant Repayment loan t. _yZdeferred loanlgran_ 3. Years in Loan Terms: N/A _ _ 4. Forgiveness: _NLA 5. ERekayment-. NSA 6, 2Default-. NSA L_ f. Recipient/Tenant for assistance based on a first -qualified, first served basis. At least one homeowner residing have a member of the household that is disabled as defined by_F.S._42O.00O4i7 . Homeowner must have owned and Homesteadedone Year riorto a Ing for assistance, Applicant} may not own any other residence. Absentee owners are not eligible, Applicants must have 100% ownership interest in the residence to be improved, Roust have home repair needs that threaten the homeowner®s safet habitabilit and accessibilit .. �o Sponsor/Subrecipient Selection Criteria: As needed; a Request for Proposals and�or open application process will be utilized to select a Subrecipient to implement these ro acts. Subrecipient must e a Non - Profit limited to: capacity and capability to carry -out the project in a timely manner; experience in completing similar projects experience in completin income certification of applicants; Subrecipient must be incorporated at lea the Internal Revenue place for effective completion of projects, costs control, and uality control; financial ca acit to undertake the roiects on a reimbursement basis, evidenced by a current audit or other documentation that shows stable financial condi f total Subrecipient award, Subrecipient will be repaired to meet compliance reportin repairements necessary to meet the statutor�re�gairements for monitoring of SHIP Program. h. Additional Information: 1, d condominiums. Condominiums Properties and Mobile Homes are ineligible for assistance, 2.assistance is one time only er a licantl er _p address, Applicant(sj assisted through the Emergency Repair -Limited Rehabilitation Program 12 783 SHIP LHAP Florida cannot receive additional SHIP assistan olds cutive Order of the President or Governor. 3. rrent at time_pf application. qnd the Boynton Beach Amendments thereto. 6code violations and the rehabilitation is nd insurance mium cost wiLl be_part of the maximum award. The remiums. D. RqpLd Re --Housing ��g Ai reated to assist individuals or families who are homeless as defined Ly_E.S_._420.621 51. This 'is a household that lacks a cludes a household that: � � or ordin �bus or train station or similar a lack of � Is sharing the housing of other Dersons due to loss of housing. economic hardshir). or a similar reaso_ry *se he or she iLlLiving in circumstances described above. d. Maximum Award: 10 00.00 e. Terms: 1. Reoa ment loan rant: G- rant 2. Interest Rate: NLA 3. Years in Loan Terms: N/A 13 784 SHIP LHAP 4. 6. f ill be selected_on a__first_guahfied and first served basis. Individuals must not have sufficient available resources to gbtain_or_s_upport exi_sfinE housing and no other sources of assistance have been identified and the household lacksjn_�� Profit erience in completing income certification of olication submission deadline contr he Homeless undertake the strat current audit or other documentation that shows stable financial co delive h. Additional Information: 1. 2. 3. Assistance n the applicant:LsL 4. E. Disaster Assistance Code 5, 16 a. Summary of Strategy: In the event of a disaster declared by Executive Order of the President of the United States or Governor of Florida, SHIP funds that have not been previously encumbered will be used to provide assistance to income eligible owner - occupied househo|ds|ocatedvvithinthedty|imitsforthepurposeofnepairs,insurance deductibles, and obtaining short term temporary housing. Fiscal Years Covered: 2021-2022, 2022-2023, 2023-2024 14 785 SHIP LHAP C. Income Categories to be served: Very low, low and moderate d. Maximum award: $12,000.00 e. Terms: 1. Repayment loan/deferred loan/grant: The SHIP funds are provided in the form of a grant. 2. Interest Rate: N/A 3. Years in loan term: N/A 4. Forgiveness: N/A 5. Repayment: N/A 6. Default: N/A f. Recipient/Tenant Selection Criteria: Applicant(s) will be selected on a first -qualified, first-served basis with priority in accordance with section 1 (1) of this plan. g. Sponsor Selection Criteria: N/A h. Additional Information: Property damage and eligible rehabilitation improvements will be confirmed through inspection by a City Building Inspector or Construction Coordinator III. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Development Review Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other projects. Provide a description of the procedures used to implement this strategy: The Department of Development is responsible for processing and facilitating affordable housing projects (e.g. site plan review, permitting, inspections, etc.) and expedites such reviews involving workforce and affordable housing units pursuant to the City's Expedited Development Review Program. In part, the Program requires assignment of a single staff liaison to ensure quick communications with staff, sets a maximum review period of 7 business days, defines/requires a quick conflict/problem resolution process, and allows consideration of a flexible or tailored fee schedule program (City Code of Ordinances, Part III, Chapter 2, Article I, Section 4). This benefit also applies to individual building permits for SHIP or CDBG rehabilitation projects (As adopted by 15 786 SHIP LHAP Florid V i'oisi ,. resolution R22-032 — Affordable Housing Advisory Committee — FY 2021 Housing Incentives Recommendation Report). Moreover, the Department of Development has implemented a new electronic permit system. The new electronic permitting system has been calibrated to provide electronic notification to guide staff to proper implementation to the review process. In addition, relevant City staff will continue to educate developers about the new functionalities of the electronic permitting system. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. Provide a description of the procedures used to implement this strategy: The Department of Development, the Community Improvement Division and the AHAC will continue to review all policies, procedures, ordinances, regulations and plan provisions to determine what effects, if any, they may have on the cost of producing affordable units prior to their passage. Proposed ordinances will be reviewed in sufficient time needed to evaluate and comment on any potential impact on the provision of affordable housing. C. Other Incentives: Name of the Strategy: Flexibility in Residential Densities The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. Provide a description of the procedures used to implement this strategy: The City allows for increased floor area ratios and densities in selected residential districts to incentivize the provision of affordable dwelling units. The City has a density bonus in place as part of the Workforce Housing Program. A developer may elect to obtain a density bonus and/or a height bonus through the construction of the workforce units on- site or off-site, monetary contribution, donation of land, or purchase of units to be designated as workforce (City Code of Ordinances, Part III, Chapter 1, Article V, Section 2.C). Name of the Strategy: Parking and setback Requirements The reduction of parking and setback requirements for affordable housing. Provide a description of the procedures used to implement this strategy: Affordable housing units require a minimum of two (2) spaces regardless of the number of bedrooms. All other homes are required to provide a minimum of two (2) spaces plus extra spaces depending on the total bedrooms provided. For construction of a new single- family or two-family structure, a minimum of two (2) spaces are required per unit, or one (1) space per bedroom, whichever is greatest. An exception may be made when the house is constructed for individuals meeting purchase or eligibility requirements that include maximum income thresholds, then a maximum of two (2) parking spaces shall be required 787 SHIP LHAP Florid e V i'oisi per dwelling unit (City Code of Ordinances, Part III, Chapter 4, Article V, Section 2.6). Name of the Strategy: Public Land Inventory The preparation of a printed or electronic inventory of locally owned public lands suitable for affordable housing. Provide a description of the procedures used to implement this strategy: The Community Improvement Division maintains a list of the current inventory of all vacant land including those properties owned by the City of Boynton Beach and Palm Beach County within the target area. A list of all available land and a list of vacant land suitable for affordable housing in the city, is available as a link on the City's website for easy access for developers. Name of the Strategy: Support of Development Near Transportation HUBS The support of development near transportation hubs and major employment centers and mixed-use developments. Provide a description of the procedures used to implement this strategy: As part of the Workforce Housing Program, developers may be entitled to request higher density land use and zoning category, if providing workforce housing units, for projects located within the Downtown Transit Oriented Development District (City Code of Ordinances, Part III, Chapter 1, Article V, Section 2.C). Name of the Strategy: Fee Waivers for Affordable Housing The modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing, siclized for new constructions of tion with the SHIP do receive a cred jLfor City's 'impact • fPfqur[�g�hasrice is at or below of SHIP The fordable Housing dw as t 17 788 SHIP LHAP IV. EXHIBITS: Required A. Administrative Budget for each fiscal year covered in the Plan. B. Timeline for Estimated Encumbrance and Expenditure. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan. D. Signed LHAP Certification. E. Signed, dated, witnessed or attested adopting resolution. 789 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Exhibit A I City of Boynton Beach I Fiscal Year: 2021-2022 Estimated SHIP Funds for Fiscal Year: $ 536,430.00 Salaries and Benefits $ 49,430.00 Office Supplies and Equipment $ - Travel Per diem Workshops, etc. $ - Advertising $ - Other* Total $ 45,430.00 Admin % 8.47% OK Fiscal Year 2022-2023 Estimated SHIP Funds for Fiscal Year: $ 775,874.00 Salaries and Benefits $ 64,874.00 Office Supplies and Equipment $ - Travel Per diem Workshops, etc. $ - Advertising $ - Other* $ Total $ 64,874.00 Admin % 8.36% OK Fiscal Year 2023-2024 Estimated SHIP Funds for Fiscal Year: $ 937,892.00 Salaries and Benefits $ 93,789.00 Office Supplies and Equipment $ - Travel Per diem Workshops, etc. $ - Advertising $ - Other* $ Total $ 93,789.00 Admin % 10.00% OK *All "other" items need to be detailed here and are subject to review and approval by the SHIP review committee. Project Delivery Costs that are outside of administrative costs are not to be included here, but must be detailed in the LHAP main document. Details: 790 [eff. date] Exhibit B Timeline for SHIP Expenditures City of Boynton Beach affirms that funds allocated for these fiscal years will (local government) meet the following deadlines: Fiscal Year Encumbered Expended 1" Year AR 2nd Year AR Closeout AR 2021-2022 6/30/2023 6/30/2024 9/15/2022 9/15/2023 9/15/2024 2022-2023 6/30/2024 6/30/2025 9/15/2023 9/15/2024 9/15/2025 2023-2024 6/30/2025 6/30/2026 9/15/2024 9/15/2025 /9/15/2026 If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Encumbered Funds Not Expended 15` Year AR Not Submitted 2nd Year AR Not Submitted Closeout AR Not Submitted 2021-2022 3/30/2023 3/30/2024 6/15/2022 6/15/2023 6/15/2024 2022-2023 3/30/2024 3/30/2025 6/15/2023 6/15/2024 6/15/2025 2023-2024 3/30/2025 3/30/2026 6/15/2024 6/15/2025 6/15/2026 Requests for Expenditure Extensions (close-out year ONLY) must be received by FHFC by June 15 of the year in which funds are required to be expended. The extension request shall be emailed to ........................................................eu....................................................................lhung.. r and iriry u iriim g it flloridahoq_s n . it ... and include: 1. A statement that "(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note: an extension to the expenditure deadline (lune 30) does not relieve the requirement to submit (September 15) the annual report online detailing all funds that have been expended. Please email t: when you are ready to "submit" the AR. Other Key Deadlines: AHAC reports are now due annually by December 31. 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(2) All SHIP funds will be expended in a manner which will ensure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. 795 Exhibit D 67-37.005(1), F.A.C. 2021-2024 (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low -Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Witness Date OR Attest: (Seal) Chief Elected Official or designee Ty Penserga, Mayor Type Name and Title 2 796 I RESOLUTION NO. R23-006 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 ADOPTING THE 2022 AFFORDABLE HOUSING ADVISORY 5 COMMITTEE HOUSING INCENTIVES REPORT; AND PROVIDING 6 AN EFFECTIVE DATE. 7 8 WHEREAS, Florida State Statute 420.9075 requires that each jurisdiction in Florida 9 receiving State Housing Initiatives Partnership (SHIP) funds shall appoint an eight to eleven - 10 member Affordable Housing Advisory Committee (AHAC); and 1.1 WHEREAS, the statute requires the AHAC to meet annually, to produce and submit a 1.2 report of recommendations to the City Commission and to the Florida Housing Finance 13 Corporation; and 1.4 WHEREAS, the recommendations are used to amend the Local Housing Assistance 15 Plan, the local Comprehensive Plan, land development regulations, and other policies affecting 16 affordable housing; and 17 WHEREAS, The SHIP Statute requires for City Commission to consider and discuss the 1.8 AHAC's recommendations, however, the Statute does not mandate the adoption of the AHAC 19 recommendations other than the two Housing incentives already in effect in the City. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being 23 true and correct and incorporated herein by reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby adopts 25 the 2022 Affordable Housing Advisory Committee Housing Incentives Report, a copy of which 26 is attached hereto as Exhibit "A", ►a 9AC'A\RFS \Adopting AHAC" Incentives Report (2022) - Reso.Doax 797 28 Section 3.. That this Resolution shall become effective immediately upon passage. 29 PASSED AND ADOPTED this 31d day of January, 2023. 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 YES NO 33 34 Mayor — Ty Penserga 35 36 Vice Mayor —Angela Cruz 37 38 Commissioner — Woodrow L. Hay V_/Z 39 40 Commissioner — Thomas Turkin 41 42 Commissioner —Aimee Kelley 43 44 VOTE '_2 45 46 47 48 ATTE&IT: 49 "/e . .... .. . 50 'j le ""v 51 M D F 14, s, MPA, M)k Ty nc ga 52 City Clerk May 53 5417T n .' (Wotv' ki� APF'�QVE,D A!�"fO F(1;1')jP"K- 6, 55 (Corporate Seal) 0 R A 56 V- . . . . ............. 57 Michael D. Cerullo, Jr. 58 City Attorney 10 59 N SACA\RESOWopting AHACIncentives Repon (2022) - Reso.Docx 798 STATE HOUSING INITIATIVE F��,'AffrNERSI ilP AFFORDABIIIIIIIIVE HOUSING ADVISORY COMMITTEE 2022 HOUSING INCENTIVES REVIEWAREPORT 799 BACKGROUND As a recipient of State Housing Initiative Partnership (SHIP) funds, the City of Boynton Beach (City) established an Affordable Housing Advisory Committee (AHAC) on August 3, 2021 which is required by the Florida Statutes, Sec. 420.9076 (SHIP Statute). The AHAC is responsible for reviewing and evaluating local plans, policies, procedures, land development regulations, the Comprehensive Plan, and other aspects of the City's housing activities that impact the production of affordable housing. Further, the AHAC is specifically directed by the SHIP Statute to consider and evaluate the implementation of the incentives set out by Florida Statues, Sec. 420.9076 (4)(a) -(k). Based on the AHAC evaluation, the committee may recommend to the local governing body that it make modifications of, exceptions to, or creation of new plans, policies, procedures, and other governing vehicles which would encourage production of affordable housing. As approved by the City Commission, the recommendations are used to amend the Local Housing Assistance Plan, the local Comprehensive Plan, land development regulations, and other policies affecting affordable housing. COMMITTEE COMPOSITION The City Commission appointed members to the Committee (see table 1), The SHIP Statute lists the categories from which committee members must be selected, Each AHAC must have a locally elected official from the county or municipality participating in the SHIP program. The locally elected official must be a City Commissioner. The elected official will count as a member of the AHAC for purposes of meeting the number of members requirements. There must be at least eight committee members, but not more than eleven, with representation from at least six of the following categories: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connectior with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. 800 Table I AHAC Members Name Category Represented Date I "' . . ...... . . . .................. .......................... Appointed 1 –Woodrow Hal ---------------- Y . . . ................ Commissioner Di rict I Elected Official) ........... . ......... 05/0312022 9 –Aimee Kelley . ............ Commissioner District IV,Alternate - Elected Official) -06-3/20-22-- 3 – London Nelson .......... .. . . .................. . . . . . . . . ....... __ . . .. ....... . Citizen engaged as Real Estate Professional in connection 08/1i&2 1 with affordable housing – — – ................. ..... . . . . - ------ 4 – Dr. Stephanie — , ..... .. who represents essential services personnel, as 09/08/2021 Hayden-Adeyemo defined in the local housing assistance plan . . . ......................... 5 – Sari Vatske Citizen who is actively engaged as an advocate for low- 09/08/2021 income person in connection with affordable housing . .. ........ ............................................. ............... .. .. .. .. .. .. .............. ............................... 6 – Kvin Fischer Citizen who actively serves on the local planning agenc09/08/2021 ....... ........ turah Joseph 4�– Citizen who is actively engaged as a not-for-profit provider 09/21/2021 of affordable housing 8 – Davey Morris Citizen who is actively engaged in residential home building 10/08/2021 9 – Cheryl Banks . ............................... Citizen who is actively engaged in residential home building . . ........ —, 10/19/2021 ndbsg--10 Citzen – Ronnie Hogging who is actively engaged as a for-profit provider of 10/19/2021 affordable housing 11 – Kerry Clinton Citizen who represents those areas of labor actively 11117/202f"`°. engaged in home building in connection with affordable ....... ............... ..... housing 12 – Michaefb_�' ii ........ . . . . I ------ - ------------------- 1-bitizen who represents employers within the jurisdiction ................................................................. - — ------------------- 11/17/2021 . . ...... AFFORDABLE HOUSING RECONIME14DATIONS The AHAC has specifically reviewed, considered and evaluated the strategies set out by Florida Statues, Sec. 420.9076 (4)(a) -(k), Based on this review and evaluation, the AHAC has formulated recommendations to the City Commission that it incorporate into its housing strategy certain changes designed to encourage and facilitate the production of affordable housing. The AHAC, from its review, consideration, evaluation, and recommendations, drafts and submits this report to the City Commission, to the Florida Housing Finance Corporation, and the Florida Housing Coalition, as the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program, which details the scope of its work and the resulting recommendations. The AHAC has reviewed, considered, and evaluated the following the strategies provided in the SHIP Statute at Florida Statutes, Sec. 420.9076 (4): (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(03. (b) All allowable fee waivers provided for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very -low-income persons, low-income persons, and moderate -income persons. (e) Affordable accessory residential units. (f) The reduction of parking and setback requirements for affordable housing. 9 801 (g) The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. 0) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. EXPEDITED PERMITTING A. Incentive Consideration Required: Yes 1. The processing of approvals of development orders or permits, as defined in S. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. B. Original Purpose of Incentive: 1. Statutorily required. 2. Reduces wait times and costs for developers. C. Current Process: The Department of Development is responsible for processing and facilitating affordable housing projects (e.g. site plan review, permitting, inspections, etc.) and expedites such reviews involving workforce and affordable housing units pursuant to the City's Expedited Development Review Program. In part, the Program requires assignment of a single staff liaison to ensure quick communications with staff, sets a maximum review period of 7 business days, defines/requires a quick conflict/problem resolution process, and allows consideration of a flexible or tailored fee schedule program (City Code of Ordinances, Part 111, Chapter 2, Article 1, Section 4). This benefit also applies to individual building permits for SHIP or CDBG rehabilitation projects (As adopted by resolution R22-032 — Affordable Housing Advisory Committee — FY 2021 Housing Incentives Recommendation Report). Moreover, the Department of Development has implemented a new electronic permit system. The new electronic permitting system has been calibrated to provide electronic notification to guide staff to proper implementation to the review process. In addition, relevant City staff will continue to educate developers about the new functionalities of the electronic permitting system. D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. None FEE WAIVERS FOR AFFORDABLE HOLISING A. Incentive Consideration Required: Yes 1. The modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. 802 B. Original Purpose of Incentive: 1. To reduce development costs. C. Current Process: 1. The City's only fee exemption is for Art in Public Places for the percent of the project dedicated to affordable housing (City Code of Ordinances Part 11, Chapter 2, Article XII, Section 2-163). D. AHAC Proposed Recommendations: 1. The AHAC reviewed this incentive and they are recommending for the City to have a permit fee reduction on affordable housing projects. E. City Staff Comments: i. (Staff Comment to City Commission — Community Improvement Division) — City's Impact fees (Parks, Water and Sewer) could be subsidized for new constructions of single-family affordable housing projects with SHIP funds. In conjunction with the SHIP down payment assistance; at closing the developer could receive a credit for City's impact fee paid (a credit up to $4,100.00) from the SHIP Program, by meeting all of the following conditions: • Purchase price is at or below of SHIP Program Maximum Purchase Price of $382,194.00 (Maximum purchase price is updated yearly by Florida Finance Corporation) • Home buyer's income eligibility • Home buyer's participation in the City's SHIP Purchase Assistance Program 2. (Staff Comment to City Commission — Development Department) — The Building Department will offer non-profit developers constructing Affordable Housing dwellings up to two expedited permit reviews at no cost (a credit up to $1,000.00) as long as the buyer participates in the City's SHIP Purchase Assistance Program. FLEXIBLE DIENSUTIES A. Incentive Consideration Required: Yes 1. The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. B. Original Purpose of Incentive: 1. To allow affordable housing development on smaller parcels. 2. Increasing the maximum units allowable may help make a development more financially feasible. C. Current Process: 1. The City allows for increased floor area ratios and densities in selected residential districts to incentivize the provision of affordable dwelling units. The City has a density bonus in place as part of the Workforce Housing Program. A developer may elect to obtain a density bonus and/or a height bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land, or purchase of units to be designated as workforce (City Code of Ordinances, Part III, Chapter 1, Article V, Section 2.C). The AHAC recommended for this incentive to include affordable housing on projects located city-wide (As adopted by V 803 resolution R22-032 — FY2021 AHAC Housing Incentives Recommendation Report). D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. The Department of Development is working on updating the City Code of Ordinances to include the AHAC's recommendation RESERVATION OF INFRASTRUCTURE CAPACITY A. Incentive Consideration Required: Yes 1. The reservation of infrastructure capacity for housing for very -low-income persons, low- income persons, and moderate -income persons. B. Original Purpose of Incentive: 1. To guarantee new developments will meet concurrency requirements by meeting designated levels of service for certain types of infrastructure. C. Current Process: 1. The City has not considered this incentive D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. AFFORMABLIE ACCESSORY RESIDENTIAL U N ITS A. Incentive Consideration Required: Yes 1. The allowance of affordable accessory residential units in residential zoning districts. B. Original Purpose of Incentive: I. To increase the supply of affordable/workforce rental units. 2. To decrease the cost of housing (i.e. the primary residence). C. Current Process: 1. The City doesn't have a process in place at this point. D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time, E. City Staff Comments: 1. No comments. PARKING AND SETBACK REQUIREMENTS A. Incentive Consideration Required: Yes 6 804 1. The reduction of parking and setback requirements for affordable housing. B. Original Purpose of Incentive: 1. To lower development costs. 2. To ensure that more of the buildable land is available for affordable housing development. C. Current Process: 1. Affordable housing units require a minimum of two (2) spaces regardless of the number of bedrooms. All other homes are required to provide a minimum of two (2) spaces plus extra spaces depending on the total bedrooms provided. For construction of a new single-family or two-family structure, a minimum of two (2) spaces are required per unit, or one (1) space per bedroom, whichever is greatest. An exception may be made when the house is constructed for individuals meeting purchase or eligibility requirements that include maximum income thresholds, then a maximum of two (2) parking spaces shall be required per dwelling unit (City Code of Ordinances, Part 111, Chapter 4, Article V, Section 2.B). D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. F-1EXIBLE LOT C.ONIFIGURATI INS A. Incentive Consideration Required: Yes 1. The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. 8. Original Purpose of Incentive: 1. To allow affordable housing development on smaller parcels. C. Current Process: 1. The City has not considered allowing zero lot line standards for affordable housing; however, the City has eliminated the minimum lot size standard for select neighborhoods within the Redevelopment Area. Older residential areas of the City of Boynton Beach CDBG target area have several nonconforming lots that were unbuildable due to lot size and frontage requirements. In order to allow single- family residences to be built on these lots, Ordinance No. 20-018 was adopted that modified minimum lot area per unit, lot frontage, and building setbacks (front, interior side, corner side, and rear). D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. M U1.1.11 I ODIFICATION OF STRE'E"'! I "EQUIRIEMIENTS, 6 805 A. Incentive Consideration Required: Yes 1. The modification of street requirements for affordable housing, B. Original Purpose of Incentive: 1. To lower development costs. 2. To ensure that more of the buildable land is available for affordable housing development. C. Current Process: 1. The City has not considered this incentive. D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. PROCESS OF ONGOING REVIEW A. Incentive Consideration Required: Yes 1. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. B. Original Purpose of Incentive: 1. Statutorily required. 2. To provide insight and recommendation to City Commissioners when a proposed City Ordinance could impact the cost of affordable/workforce housing. C. Current Process: 1. The Department of Development, the Community Improvement Division and the AHAC will continue to review all policies, procedures, ordinances, regulations and plan provisions to determine what effects, if any, they may have on the cost of producing affordable units prior to their passage. Proposed ordinances will be reviewed in sufficient time needed to evaluate and comment on any potential impact on the provision of affordable housing (As adopted by resolution R22-032 —1=Y2021 AHAC Housing Incentives Recommendation Report). D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. PUBLIC LAND INVENTOIRY A. Incentive Consideration Required: Yes 1. The preparation of a printed or electronic inventory of locally owned public lands suitable for affordable housing. 1. The inventory of locally owned public lands appropriate for use as affordable housing is required to be prepared every three years. 2. Reduce the cost of the development of affordable housing. 3. Increase the availability of land for the development of affordable housing. C. Current Process: 1. The Community Improvement Division maintains a list of the current inventory of all vacant land including those properties owned by the City of Boynton Beach and Palm Beach County within the target area. A list of all available land and a list of vacant land suitable for affordable housing in the city, is available as a link on the City's website for easy access for developers (As adopted by resolution R22-032 — FY2021 AHAC Housing Incentives Recommendation Report, D. AHAC Comments: I. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. SUPPORT OF" DlEVEL0E-Pf&1E.III r II EAR TRANSPORTATION I MBS A. Incentive Consideration Required: Yes 1. The support of development near transportation hubs and major employment centers and mixed-use developments. B. Original Purpose of Incentive: 1. To reduce transportation costs for low- and moderate -income residents. 2. The income generated from the retail space can help subsidize the cost of the housing units. I To reduce transportation for residents while at the same time reducing dependence on fossil fuels. C. Current Process: 1. As part of the Workforce Housing Program, developers may be entitled to request higher density land use and zoning category, if providing workforce housing units, for projects located within the Downtown Transit Oriented Development District (City Code of Ordinances, Part 111, Chapter 1, Article V, Section 2.C). AHAC recommendation to include affordable housing units in the Downtown Transit Oriented Development District (As adopted by resolution R22-032 — FY2021 AHAC Housing Incentives Recommendation Report). D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. The Department of Development ' is working on updating the City Code of Ordinances to include the AHAC's recommendation. E 807 Affordable Housing Advisory Committee Report to City Commission SHIP Affordable Housing Incentive Strategies ORIGINALLY SUBMITTED TO: Robert Dearduff, Director of Special Programs Florida Housing Finance Corporation DATE SUBMITTED: 11/4/2022 SUBMITTED TO: City of Boynton Beach Mayor and City Commission DATE ADOPTED BY CITY COMMISSION: 1/3/2023 PREPARED BY: RJ Ramirez, Community Improvement Division Manager FINAL REPORT SUBMITTED WITH EDITION TO: Robert Dearduff, Director of Special Programs Florida Housing Finance Corporation DATE SUBMITTED: . co 808 MM Consent Agenda 07/18/2023 Proposed Resolution No. R23-090- Amendment of Utilities Capital Improvement Fund 403 Requested Action by Commission: Amend Utilities FY 2022-23 Capital Project accounts. This request will adjust budgeted appropriations, provide budget transfers, and continue spending authority for the Utilities Capital Improvement Fund 403. Explanation of Request: The FY 2022-23 Budget was adopted in September 2022. Budget transfers are requested to re -appropriate funding in the Utilities Capital Improvement Fund 403. How will this affect city programs or services? Allow for continued spending authority for the Utilities Capital Improvement Fund 403. Fiscal Impact: Refer to Exhibit A for a summary of the amendment. There is no net change or increase to the Utilities 403 fund. Attachments: R23-090 FY22-23_Budget_Amendment_Resolution_-_Utilities_.pdf Exhibit A Requested Amendment of Utilities 403 Fund revised.pdf 809 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION R23-090 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2022-2023 BUDGET FOR THE UTILITIES CAPITAL PROJECT ACCOUNTS WHICH WILL ADJUST BUDGETED APPROPRIATIONS, PROVIDE BUDGET TRANSFERS, AND CONTINUE SPENDING AUTHORITY FOR THE UTILITIES CAPITAL IMPROVEMENT FUND 403; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fiscal year 2022-23 Budget was adopted on September 22, 2022; and WHEREAS, budget transfers are requested to re -appropriate funding in the Utilities Capital Improvement Fund 403; and WHEREAS, accordingly staff is requesting Commission approval to amend the FY 2022- 23 budget as noted specifically on Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. That the City Commission hereby approves amending the Fiscal Year 2022-2023 Budget for the Utility Capital Project accounts which will adjust budgeted appropriations, provide budget transfers, and continue spending authority for the Utilities Capital Improvement Fund 403 as noted on Exhibit "A" which Exhibit is attached hereto and incorporated herein by reference. Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 Budget Amendment Resolution - (Utilities).Doex 810 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 PASSED AND ADOPTED this 18th day of July, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Me S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 Budget Amendment Resolution - (Utilities).Doex 811 M O LL A� W E 0 Q M N O N QO c-1 N TMI 00 ca d v L Q Ln U M Y N N OL N u � O n O 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 O O 6 6 6 4 61-- r O O 0 0 0 0 0 0 O O O O CN Cfl O LC) 'ql- Cf} a.+ O 0 Ci 0 0 Ci 0 O O C 0 C'') C� O L() cc OO Lt i Lo O O O O O O O H— O M S O O 1- C O M co co co O O N N O— (fl f— O r— CO = Co Co fl- co M M — = r 61) M � � ff3 Efl m � � Q •O E C.o N - CO CO O M Lo N N X O L = O 0 0 O O p L d O O O O O O O L d Z co Q' M co CO CO M N N N N cG L� NN N N N N U) U) U) Z) U) U) H > > > >� > > > U) U) Z) U) H L O -0 O — O O a) -O C-) i cc JO iq Cn co Q p O p Z CoN d U aLL Q 06 co N E p It U a L L a) �/O� V) UI E N a) L O > co //� U) U O ' U Q U W W C U) M _0 co Q E W-0 CO � J U L > Q U > a) � U Q ('3 d C =3 co Q a) > _O O O CO U) O c t 'Loo - oN O � E m � Y °) C� ate) M L a) to m O O LL ,6 J 2 Z E 2 m Q—— a) � ai in o W w U i C -X M ai i, U) IQ a) =3o6 (D E m C-) U' N �, M W o= a) m a) a) U) m a L — a) m O m Q 0 Z L Cl) C > 3:cn L H O O w U) to (� � -6 O CL6 > > O O O 0 co +� E O p O O m O — O coa)O O NU) O J J U CO U Cn UJ W Z U m 2 U _ J I -It lzt m O N N N N It It It Nt It O 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 L()Ut LS) L() Lf L() Lli L( US UC US U( Ut U( LC) L() E Cfl 0 0 0 0 0 0 O O Cfl 0 0 0 0 0 0 =Lo Lo Ltd 1.0 L() CO co co co co M Lo Ltd Lo Lo UC) Z co co co co co co co co co M M M M M M M Lo Lo Ltd 1.0 L() LC) Lo L() Lo Lo LSA Lo Ltd Lo L() L() = OO O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 O O Lf) O Lf) O L9 O Lf) O L9 O Lf) O T O T O Lf) O L() O Ln O Lf) O Ln O Ln O L9 O L() co co co M M M M co co M M M M M M M O O O O O O O O O O O O O O O QO ~ m N N M CO Co M� 'It � 'IT 'It N TMI 00 ca d v L Q Ln U M Y N N OL N u � O n 6.1 Consent Agenda 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Vehicle Purchase FY22/23 Requested Action by Commission: Approve the purchase of one (1) replacement vehicle that was approved in the FY22/23 budget for an estimated amount of $51,131.83 by utilizing the Bradford County Sheriffs Contract 22-27-1.0. Explanation of Request: The Public Works Fleet Division recommends the purchase of one (1) replacement vehicle. Attached is a spreadsheet indicating proposed replacement type, number of units ordered, user department, bid/contract information and projected cost. • Bradford County Sheriff's Contract 22-27-1.0 (Effective September 12, 2022 — September 11, 2027) The Fleet Maintenance Division intends to award the following vendor for the purchases as follows: 1. Duval Ford for one (1) 2024 Ford Transit Low Roof Passenger Wagon in the amount of $51,131.83 for Recreation. This unit will utilize the Bradford County Sheriff's Contract 22- 27-1.0. In addition, we are requesting an additional twenty-two (22) percent per vehicle increase due to the long lead times and receiving new models being delivered. We have the option to refuse the vehicle when it is delivered during inspection. How will this affect city programs or services? The vehicle will be used throughout the City to provide services to our residents and customers. 813 Fiscal Impact: Account #501-2516-519-64-33, Estimated Fleet Maintenance annual expenditure is $11,575,663 if needed. Attachments: Duval Ford - 15 Passenger Van Quote.pdf Bradford County Sheriffs County Contract BCSO 22-27-1.0 Exp 09-11-2027.pdf Vehicle Purchases FY22-23 List.pdf 814 X2Y City of Boynton IBeadh Adrianna Greco-Arencibia �rea�.-a rPnci biaA.�:?_I�bfl.:us. City of Boynton Beach Duval Ford Jared Davis (Work) 904-381-6595 j,aL!IdAav'isf,@.d.ijva.imotor.com. 5203 Waterside Dr Jacksonville, FL 32210 Pricing through Bradford County Sheriffs Contract BCSO 22-27-1.0. Please note any items in red as they may require additional customer information or clarification. When submitting purchase order, please note billing address, delivery address, and any titling instructions. Thank you! 2024 X2Y 2024 Ford Transit Low Roof Passenger Wagon $ 49,574.00 $ 46,589.97 OEM freight Factory Destination $ 1,895.00 $ 1,926.27 Exterior Paint Oxford White $ - $ - Interior Ebony cloth $ $ - 998/44U 3.51L V6/10-spd auto $ $ - 153 96P Front license plate bracket 15 -passenger seating configuration $ $ 1,361.00 $ - $ 1,383.46 86F (2) Additional kev fobs $ 69.00 $ 70.14 Discount Government Concession reflected in Base Vehicle Price Ceiling Markup Primary Awardee Ceiling Markup 1.65% Discount Discount off invoice reflected in Base Vehicle Price $ (3,002.00) Tint all windows, including strip $ 300.00 $ 387.00 Labor Total Labor Hours for installation of parts $ - $ - Freight Freight on Parts $ - $ - 33435 Destination & Fuel to end user zip code ( calculated from 32210 to EU zip Code) $ 2.00 $ 602.00 IIII' Tag New FL City Tag, processing and handling by dealer $ 173.00 $ 173.00 Warranty Extended Warranty excluded $ - $ - VIII NOTE 5/29/2023 BOYNTON BEA 815 Goy -don Smit/r, Sherill 09/12,2022 To whom it may concern, The Bradford County Sheriffs Office received sealed bids after posting the Request for Proposal in the Bradford County Telegraph and on our website. On 09/06/22, in the lobby of the Sheriffs Office @ 10:00 am the following bids were received. 1) Bozard Ford 2) Duval Ford 3) Duval Chevrolet Following a Command Staff review of the proposals, the following contracts were awarded based on the evaluation table described in the Request for Proposal. Ford vehicles; Primary Contract Awarded to Duval Ford Alternate Awarded to Bozard Ford Chevrolet vehicles: Primary Contract Awarded to Duval Chevrolet Alternate- No Bid Other manufacturers: No Bid Information regarding the Contract (BCSO 22-27-1.0) and the Proposals will be listed on our website (bradfordsheriff.org) under the Finance section. For any questions or concerns please contact me during regular business hours. Thanks, MaiS&'Georg L. Konkel Jr." Chief of Operations Bradford County Sheriffs Office 945-B North Temple Ave. Starke, FI. 32091 Office (904)966-6306 TMI 00 ti Sheriff Gordon Smiih 00 `P 945-B North Temple Avenue Starke, FL 3209 f BRADFORD COUNTY SHERIFF'S OFFICE Gordon Smith Sheriff This AGREEMENT is established by and between Duval Ford, (hereinafter referred to as "VENDOR") whose address is 1616 Cassat Avenue (Jacksonville, Fl.) and any duly authorized appointee of the Bradford County Sheriff's Office, an independent constitutional officer with administrative offices at 945B N TEMPLE AVE; STARKE, Florida (hereinafter referredto as "SHERIFF") (collectively hereinafter referred to as "PARTIES"). WHEREAS; VENDOR wishes to enter into a contractual relationship with SHERIFF for the provision of goods or services; WHEREAS; VENDOR agrees to provide goods and services to SHERIFF, pl as he may request from time to time, based upon all terms and conditions contained in official Purchase Orders referencing this AGREEMENT which are incorporated herein; and WHEREAS; SHERIFF requires all VENDORS to agree with and comply with, the terms and conditions of this AGREEMENT as detailed herein. NOW THEREFORE, as a condition precedent to entering into a contractual relationship with the SIIERIFF, the VENDOR agrees as follows: A. GENERAL VENDOR understands that this is not an exclusive contract with SIIERIFF for the provision of goods and services. SHERIFF may utilize other vendors without penalty or cost to SHERIFF. The PARTIES agree that to the extent VENDOR's Contract/Invoice, or any subsequent contract, SheriffGordotr Smith 945-B North Temple Avenue w Starke, FL 32091 invoice, or addendum, contains any terms or conditions which are in conflict with or require any action that conflicts with the terms contained in this AGREEMENT, the terms of this AGREEMENT shall control - regardless of the order of execution of these documents. The VENDOR shall not change the terms and conditions contained herein unless such change is in writing and executed by the PARTIES. Failure to deliver or to comply with any of the terms and conditions of this AGREEMENT may disqualify VENDOR from receiving future orders. B. QUALITY All materials or services furnished by VENDOR must be as specified, and subject to inspection and approval by SHERIFF within a reasonable time after delivery at destination. Variations in materials or services from those specified in this order must not be made without written authorization from SHERIFF. Materials rejected will be returned at the VENDOR's risk and expense. C. QUANTITY/PRICE The quantity of materials ordered, or the prices specified, must not be exceeded without written authorization being first obtained from SHERIFF. Prices quoted will include a discount off MSRP and/ or the percentage markup over vendor cost as contained in the vendor bid document. Discounts off manufacturer's price lists will be reflected on quotes per vendor's bid submission and will be extended to manufacturer and dealer installed options. Quotes must follow tie outline set forth in the quote template section "in" contained in the bid arnlouncement, terns and conditions. [see attachments] D. INDEMNITY AND ;INSURANCE SHERIFF agrees to be responsible for the acts or omissions of his employees to the extent permitted under Florida law. Nothing herein shall operate as a waiver of SIIERIFF'S sovereign immunity. SHERIFF does not agree to indemnify or hold harmless VENDOR. There are no intended third - party beneficiaries arising out of or in any way connected to this AGREEMENT, and nothing herein shall be construed to grant any person, firm, or other entity which is not a signatory to this AGREEMENT any rights, benefits, or privileges to rely on or demand performance of any provision of this AGREEMENT. VENDOR further agrees to provideworkers' compensation coverage for all of VENDOR'S employees, and to maintain such generaland auto liability insurance as is deemed necessary by SHERIFF for the circumstances and operations of VENDOR. VENDOR further agrees to provide SHERIFF with Certificates of Insurance, indicating the amount of coverage in force, upon request. E. PACKING Packages must be plainly marked with shipper's name and Purchase Order number. Charges are not allowed for boxing or crating unless previously agreed upon in writing. F. DELIVERY All materials must be shipped F.O.B. Destination. SHERIFF will not pay freight or express charges. If a specific purchase is negotiated on the basis of F.O.B. shipping point, VENDOR IS TO PREPAY SHIPPING CHARGES AND ADD TO INVOICE. rn Sheriff Gordon Smith 00 945-B North Temple Avenue Starke, FL 32091 Upon receipt of a Purchase Order under this AGREEMENT, the VENDOR shall contact the SHERIFF to confirm the order and a mutually agreeable delivery date. Deliveries shall be made between 8:30 A.M. and 4:30 P.M. Monday through Friday; except for holidays, unless otherwise stated, G. MATERIAL SAFETY DATA SHEET VENDOR agrees to furnish SHERIFF with a current Material Safety Data Sheet (MSDS) on or before delivery as required by Florida Statute. H. OSHA REQUIREMENT VENDOR hereby guarantees SHERIFF that all materials, supplies and equipment as listed on the purchase order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, as from time to time amended and in force atthe date hereof. I. PUBLIC ENTITY CRIMES Pursuant to Section 287.133 (2) Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, ,for CATEGORY TWO ($25,000) for a period of 36 months following the date of being placed on the convicted vendor list. VENDOR hereby swears or affirms that it isn't currently on any such list or otherwise been suspended or barred from providing services or products by any local, state of federal regulatory or governmental entity. J. PROMPT PAYMENT ACT Contained below are provisions of Chapter 218, Florida Statutes, which regulates payments made by local governmental entities for non -construction services or goods. As an Independent Elected Constitutional Office, SHERIFF is bound by the provisions of this Chapter and all contracts entered into between SHERIFF and private vendors are governed by its terms. This section shall extend to the eligible governmental agencies as qualified users of this agreement which are statutorily referred to as: "Governmental agency" means a county, a municipality, a district school board, or any other unit of local government or political subdivision in this state. Attached below are the pertinent parts of Chapter 218, Florida Statutes, relating to payments made by SHERIFF. These requirements supersede any terms in agreements entered into between the SHERIFF and any vendor or contractor doing business with SHERIFF. The time at which payment is due for purchases made by SHERIFF shall be calculated from: 1. The date on which a proper invoice is received by the chief disbursement officer of the local governmental entity after approval by the governing body, if required; or If a proper invoice is not received by the local governmental entity, the date: a. On which delivery of personal property is accepted by the local governmental entity, b. On which services are completed; c. On which the rental period begins; or d. On which SHERIFF and VENDOR agree in a contract that provides dates relative to payment periods; whichever date is latest. 3. SHERIFF shall establish procedures whereby each payment request or invoice received by it is marked as received on the date on which it is delivered to an agent or employee of SHERIFF or of a facility or office of the SHERIFF. 4. The payment due date for contracts for the purchase of goods or services is 45 days after the date specified in s. 218.73. The payment due date for the purchase of construction services is specified in s. 218.735. 5. If the terms under which a purchase is made allow for partial deliveries and a payment request or proper invoice is submitted for a partial delivery, the time for payment for the partial delivery must be calculated from the time of the partial delivery and the submission of the payment request or invoice in the same manner as provided in s. 218.73 or s. 218.735. 5. All payments, due from. SHERIFF and not made within the time specified by this section bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. VENDOR must invoice the local governmental entity for any interest accrued in order to receive the interest payment. Any overdue period of less than 1 month isconsidered as 1 month in computing interest. Unpaid interest is compounded monthly. Forthe purposes of this section, the term "1 month" means a period beginning on any day of one month and ending on the same day of the following month. K. SCRUTINIZED VENDOR LIST By executing this Agreement, VENDOR certifies that: it is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or engaged in a boycott of Israel; and, for bids, proposals or contracts for goods or services of one million ($1,000,000) dollars or more, that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria, per Section 287.135, Florida Statutes. If SHERIFF determines, using credible information available to the public, that VENDOR has submitted a false certification, SHERIFF shall provide VENDOR with written notice of its determination. VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and to demonstrate that the determination of false certification was made in error. If VENDOR does not make such demonstration within ninety (90) days after receipt of the notice, SHERIFF shall bring a civil action against VENDOR. If a civil action is brought and the court determines that VENDOR has submitted a false certification, VENDOR shall pay a civil penalty equal to the greater of two million ($2,000,000) dollars or twice the amount of the contract for which the false certification was submitted, and all reasonable attorney fees and costs, including any costs for investigations that led to the finding of false certification; and, VENDOR will be ineligible to bid on any contract with an agency or local governmental entity for three (3) years after the date SHERIFF determined that VENDOR submitted a false certification, pursuant Section 287.135(5)(a), Florida Statutes 0 N �1 Sheriff Gordon Smith 945-B North Temple Avenue Starke, FL 32091 local governmental entity after approval by the governing body, if required; or If a proper invoice is not received by the local governmental entity, the date: a. On which delivery of personal property is accepted by the local governmental entity, b. On which services are completed; c. On which the rental period begins; or d. On which SHERIFF and VENDOR agree in a contract that provides dates relative to payment periods; whichever date is latest. 3. SHERIFF shall establish procedures whereby each payment request or invoice received by it is marked as received on the date on which it is delivered to an agent or employee of SHERIFF or of a facility or office of the SHERIFF. 4. The payment due date for contracts for the purchase of goods or services is 45 days after the date specified in s. 218.73. The payment due date for the purchase of construction services is specified in s. 218.735. 5. If the terms under which a purchase is made allow for partial deliveries and a payment request or proper invoice is submitted for a partial delivery, the time for payment for the partial delivery must be calculated from the time of the partial delivery and the submission of the payment request or invoice in the same manner as provided in s. 218.73 or s. 218.735. 5. All payments, due from. SHERIFF and not made within the time specified by this section bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. VENDOR must invoice the local governmental entity for any interest accrued in order to receive the interest payment. Any overdue period of less than 1 month isconsidered as 1 month in computing interest. Unpaid interest is compounded monthly. Forthe purposes of this section, the term "1 month" means a period beginning on any day of one month and ending on the same day of the following month. K. SCRUTINIZED VENDOR LIST By executing this Agreement, VENDOR certifies that: it is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or engaged in a boycott of Israel; and, for bids, proposals or contracts for goods or services of one million ($1,000,000) dollars or more, that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria, per Section 287.135, Florida Statutes. If SHERIFF determines, using credible information available to the public, that VENDOR has submitted a false certification, SHERIFF shall provide VENDOR with written notice of its determination. VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and to demonstrate that the determination of false certification was made in error. If VENDOR does not make such demonstration within ninety (90) days after receipt of the notice, SHERIFF shall bring a civil action against VENDOR. If a civil action is brought and the court determines that VENDOR has submitted a false certification, VENDOR shall pay a civil penalty equal to the greater of two million ($2,000,000) dollars or twice the amount of the contract for which the false certification was submitted, and all reasonable attorney fees and costs, including any costs for investigations that led to the finding of false certification; and, VENDOR will be ineligible to bid on any contract with an agency or local governmental entity for three (3) years after the date SHERIFF determined that VENDOR submitted a false certification, pursuant Section 287.135(5)(a), Florida Statutes T N Sheriff Gordon Smith 00 945-13 North Temple Avenue Starke, FL 32091 L. GOVERNING LAW, JURISDICTION AND VENUE The teens and conditions of this agreement shall be construed in accordance with and governed by the laws of the State of Florida. All actions, whether sounding in contract or in tort, relating tothe validity, construction, interpretation, and enforcement of this AGREEMENT shall be institutedand litigated in the courts of the State of Florida, located in Bradford County, Florida, without regardto conflicts of laws principles. In accordance herewith, the parties to this AGREEMENT submit to the jurisdiction of the courts of the State of Florida located in Bradford County, Florida. M. ARBITRATION/MEDIATION SHERIFF does not agree to binding arbitration or mediation nor waive SHERIFF'S right to use the courts in the event that a breach or other circumstance necessitates litigation as a tool to ensurethat the rights of the agency and the citizenry are protected. N. WARRANTY SHERIFF does not agree to waive direct, special or exemplary damages. O. SECURITY Due to the confidential and sensitive nature of the work performed by SHERIFF, VENDOR and contractors may be subjected to background checks upon SHERIFF'S request. VENDOR and contractors may be required to provide information about themselves, their employees, and subcontractors, in order to permit SHERIFF to conduct background checks on persons entering secure areas, accessing secure information or otherwise providing supplies or services to SHERIFF. SHERIFF retains the right to limit or refuse access to any person at his sole discretion and vendors and contractors agree to abide that decision without cost or penalty to SHERIFF. P. TERMINATION This AGREEMENT may be terminated at any time by SHERIFF, for any reason or no reason at all, upon providing thirty (30) days advance written notice to the VENDOR. SHERIFF shall payfor all supplies and services provided by VENDOR as of the date of termination. Q. APPROPRIATION This AGREEMENT is subject to availability and annual appropriation of finids by the County, County Council, (Council). If funding for vehicle purchasing is not appropriated by the Council for any fiscal period during the term hereof, then SHERIFF shall immediately terminate this AGREEMENT upon written notice to VENDOR. In the event of suchterinination, VENDOR shall be entitled to receive just and equitable compensation for any satisfactory work performed as of the termination date. Such termination by SIIERIFF shall not be deemed a Breach of Contract by SHERIFF, and VENDOR shall have no right to any actual, general, specific, incidental, consequential, or any other damages whatsoever of any description or amount. R. MISCELLANEOUS N N Sheriff Gordon Smith 00 wwpl 945-B North Temple Avenue Starke, FL 32091 None of the following terms shall have any effect or be enforceable against SHERIFF or any of his employees or agents: 1. Any term requiring SHERIFF to maintain any type of insurance Cor the benefit of either SIIERIFF or VENDOR. 2. Any term granting VENDOR any security interest in property owned or controlled by SHERIFF, including facilities provided by the County Board of County Commissioners for use by SHERIFF. 3. Any term obligating SHERIFF to pay the costs of collection or attorney's fees. 4. Any term allowing VENDOR to make unilateral modification to any contract entered into or relied upon by the Parties. 5. Any term requiring or stating that the terms of VENDOR'S standard form contract shall prevail over the terms of this Agreement in the event of a conflict. 6. Any term granting VENDOR the right to audit or examine the books, records or accounts of SHERIFF other than as required by law. S. PUBLIC RECORDS LAW Chapter 119, FS, is Florida's Public Records Act. Under this law, all records, including contracts are subject to disclosure to the public on demand. There are certain exemptions that can be clainredby SHERIFF to shield certain protected information, but VENDOR is hereby put on notice that the terms and conditions of any agreement entered into between VENDOR and SHERIFF are likely be disclosed if a public demand is made. SHERIFF does not agree to the confidentiality ofany information contained within any documents created or developed as part of any agreement. The Public Records law will always supersede any agreements to the contrary. The NOTICE provided below is required to be part of any agreement entered into by SHERIFF. NOTICE IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE COUNTY. Irl compliance with 119.070 1, Florida Statutes, and 119.011(2), Florida Statutes, the following definitions shall apply to this agreement: "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agencyas provided under s. 119.011(2). "Public agency" means a state, county, district, authority, or municipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law. Note that in accordance with Florida law the contractor shall: M N Sheriff Gordon Smith 00 1� 945-E3 North Temple Avenue Starke, FL 32091 1. Keep and rnaitltain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. 5. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall upon termination of the contract destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 6. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. 7. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. S. The Contractor understands that a request made to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency; however if the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within areasonable time. 9. If a contractor does not comply with the public agency's records request for records, the public agency shall enforce the contract provisions in accordance with the contract. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s.119.10, which include the filing of a civil action against a contractor to compel production of public records relating to a public agency's contract for services. The court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (S) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. a. A notice complies with the requirements of this chapter if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. b. Such notices must be sent by common carrier delivery service or by registered, IV N Shci ill Gordon Smith 00 945-B North Temple Avenue `Starke, FL 3 209 1 Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic I:ormat. A contractor who complies with a public records request within eight (8) business clays after the notice is sent is not liable for the reasonable costs of enforcement. T. E -VERIFY 1. The terms contained in this paragraph shall be defined in accordance with Florida Statute Section 448.095 `Employment Eligibility." 2. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 3. As of January 1, 2021, a public employer (e.g., Sheriff's Office) may not enter into a contract with a contractor, or subcontractor unless each party to the contract registers with and uses the E -Verify system. Every contractor who has entered or is attempting to enter into a contact with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration; or subcontractor who is a person or entity that provides labor, supplies, or services to or for a contractor or other subcontractor in exchange for salary, wages, or other remuneration, shall register with and use the E -Verify system to verify the work authorization status of all newly hired employees. 4. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contactor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 5. A contract terminated for violating paragraph 3 above or sections 448.095 subsections (2)(c) 1 or 2, FS, is not a breach of contract and may not be considered as such. Additionally,a contractor whose contract that is terminated as provided for in this paragraph may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. 6. VENDOR shall, upon request, provide evidence of compliance with this provision to SHERIFF. Failure to comply with this provision is a material breach of the Agreement, and the SHERIFF may choose to terminate the Agreement at any time at its sole discretion. VENDOR may be liable for all costs associated with SHERIFF securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). VENDOR, by virtue of acceptance of the Purchase Order certifies that: 1. VENDOR and its Subcontractors are aware of the requirements of Florida Statute 448.095, and upon request from the Sheriff's Office, provide evidence of such compliance. 2. VENDOR and its Subcontractors are registered with and using the E -Verify system to verify the work authorization status of newly hired employees. 3. VENDOR will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E -Verify system. 4. The Subcontractor will provide VENDOR with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. VENDOR must maintain a copy of such affidavit. 8 Ln N Sheriff C;ordon Sill it00 h 945 -B North Temple Avenue Starkcl, FL 32091 6. SHERIFF may terminate this Contract on the good faith belief that the VENDOR or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), VENDOR may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. VENDOR is liable for any additional cost incurred by SHERIFF as a result of the termination of this Contract. U. FOREIGN INFLUENCE VENDOR represents and warrants that it has made any applicable disclosures to SHERIFF which are required under Section 286, 10 1 (3)(a), Florida Statutes, pertaining to business transactions with a foreign country of concern as more fully defined within said statute. V. GRANTS Any purchases funded through Federal Grants, including but not limited to UASI, SCHGP, and any other federal grants shall require the VENDOR to comply with the provisions listed in 2 C.F.R. Part 200. W. SUBCONTRACTORS VENDOR agrees that as the signatory to this agreement, it is solely responsible for the satisfactory provision of goods and services hereunder. SHERIFF does not authorize subcontractors, joint ventures or third parties to provide goods or services in the performance of this agreement except as identified by VENDOR in its proposal to SHERIFF. All subcontractors, joint ventures or third parties providing goods or services in furtherance of this agreement shall be specifically identified by VENDOR and the Scope of Work will clearly identify the specific goods and or services to be provided by said subcontractors, joint ventures or third parties. If the services provided by any subcontractor, joint venture or third party requires a specific licensure, certificate, degree or other governmental authorization to provide the services, proof of such licensure, certificate, degree or authorization will be provided by VENDOR to SHERIFF prior to the commencement of work or the payment of any sums due to VENDOR. X. PROMPT PAYMENT DISCOUNT and FEE CALCULATION Where SHERIFF and/ or eligible users of this contract pays the VENDOR within 30 days of delivery of a vehicle, the VENDOR shall remit a fee to the Bradford County Sheriff's Office at one half of one percent of the total purchase amount excluding tag fees, extended warranty purchases, and trade in allowances; per unit, that is promptly paid for. Vendor fee reporting to be submitted monthly with payment due the 20"' of the month following the reporting cycle for all deliveries made within month reporting. Y. OUT -OF -SERVICE VEHICLES Sheriff Gordon Smith :r��' 945-B North Temple Fwenue ful-Starke, FL 32091 The SHERIFF has the option to dispose of out-Of=service vehicles through the VENDOR. Should the SHERIFF decide to do so, the VENDOR agrees to auction off those vehicles and payto the SHERIFF the net auction proceeds minus transport costs and $400 vendor fee per unit. Z. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties regarding this Agreement and supersedes all prior communications. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations except such representations as are specifically set forth herein, and the parties acknowledge that they have relied on their own judgment in entering into the same. The parties further acknowledge that any statements or representations that may have been made by either of them to the other are void and of no effect and that neither of them has relied on such statements or representations in connection with its dealings with the other, No alteration of these terms and conditions is binding on SHERIFF unless signed by SHERIFF. Z. TERM AND EXTENSION The term for this AGREEMENT ("BCSO 22-27-1.0") shall remain in effect for five (5) years from the date of contract execution by the SHERIFF and may be renewed for five (5) years or extended. by the PARTIES upon mutual agreement, in writing and executed by the PARTIES, before the expiration of the original term or any extension thereof SHERIFF does not agree to automatic renewals or extensions. AGREEMENT may be extended to other governmental agencies located in the State of Florida with vendor approval. IN WITNESS THEREOF, the PARTIES have caused this AGREEMENT to be duly executed as of the last day set forth below by the undersigned authorized representatives of the PARTIES. Bradford County Sheriff's Office Approved as to Form and Legality, for the Reliance of the Bradford County Sheriff, Florida n VENDOR (Duval Ford) Z—) I -- Name Name Richard Tackett : GM 9/13/2022 Date W N W I- 04 00 Attachment 1: FORD OEM PRODUCTS: ALL MODELS AND PACKAGES: 1.65% Attachment 2: Duval Ford AMO percent markup table Attachment (2a): Exclusions: Ford SVT, ST Attachment 3: Mileage Statement 00 N 00 Contract: BCSO 22-27 1.0 m FORD OEM PRODUCT OFFERING w >2022 F650 F6A-F650 REG CAB All Oem Pkg's 1.65% Packages >2022 F650 F6B-F650 REG CAB LO All Oem Pkg's 1.65% >2022 F650 F6C-F650 REG CAB All Oem Pkg's 1.65% >2022 F650 F6D-F650 REG CAB All Oem Pkg's 1.65% >2022 F650 F6E-F650 REG CAB LO All Oem Pkg's 1.65% >2022 F650 F6T-F650 REG CAB TR All Oem Pkg's 1.65% >2022 F750 F7A-F750 REG CAB All Oem Pkg's 1.65% >2022 F750 F7D-F750 REG CAB All Oem Pkg's 1.65% >2022 F750 F7T-F750 REG CAB TR All Oem Pkg's 1.65% >2022 F650 W6A-F650 CREW CAB All Oem Pkg's 1.65% >2022 F650 W6B-F650 CRW CAB LO All Oem Pkg's 1.65% >2022 F650 W6D-F650 CREW CAB All Oem Pkg's 1.65% >2022 F650 W6E-F650 CRW CAB LO All Oem Pkg's 1.65% >2022 F650 W6T-F650 CRW CAB TR All Oem Pkg's 1.65% >2022 F750 W7A-F750 CREW CAB All Oem Pkg's 1.65% >2022 F750 W7D-F750 CREW CAB All Oem Pkg's 1.65% >2022 F750 W7T-F750 CRW CAB TR All Oem Pkg's 1.65% >2022 F650 X6A-F650 SUPER CAB All Oem Pkg's 1.65% >2022 F650 X6B-F650 SPR CAB LO All Oem Pkg's 1.65% >2022 F650 X6D-F650 SUPER CAB All Oem Pkg's 1.65% >2022 F650 X6E-F650 SPR CAB LO All Oem Pkg's 1.65% >2022 F650 X6T-F650 SPR CAB TR All Oem Pkg's 1.65% >2022 F750 X7A-F750 SUPER CAB All Oem Pkg's 1.65% >2022 F750 X7D-F750 SUPER CAB All Oem Pkg's 1.65% >2022 F750 X7T-F750 SPR CAB TR All Oem Pk 's 1.65% >2022 ECONOLINE E3F-COM CUTAWAY VAN All Oem Pkg's 1.65% >2022 ECONOLINE E3K-COMM STRIP CHAS All Oem Pkg's 1.65% >2022 ECONOLINE E4F-COM CUTAWAY VAN All Oem Pkg's 1.65% >2022 ECONOLINE E4K-COMM STRIP CHAS All Oem Pk 's 1.65% >2022 Mustang P8C-GT COUPE All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8F-GT CONV PREM All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8J-HB COUPE All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8K-BULLITT COUPE All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's >2022 Mustang P8R-MACH 1 COUPE 1.65% Excluding SVT >2022 Mustang P8S-SHELBY GT500 All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8T-MUST ECO COUPE All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8U-ECO CONVERTIBLE All Oem Pkg's 1.65% Excluding SVT Duval Ford 904-388-2144 Contract: BCSO 22-27 1.0 0 FORD OEM PRODUCT OFFERING oMo >2022 Expedition K1F-4X2 XL MAX All Oem Pkg's 1.65% >2022 Expedition K1G-4X4 XL MAX All Oem Pkg's 1.65% >2022 Expedition K1 H -4X2 XLT MAX All Oem Pkg's 1.65% >2022 Expedition K1J-4X4 XLT MAX All Oem Pkg's 1.65% >2022 Expedition K1K-4X2 LIMITED MAX All Oem Pkg's 1.65% >2022 Expedition K1L-4X2 PLATINUM MX All Oem Pkg's 1.65% >2022 Expedition K1M-4X4 PLATINUM MX All Oem Pkg's 1.65% >2022 Expedition K1N-4X2 K. RANCH MAX All Oem Pkg's 1.65% >2022 Expedition K1P-4X4 K. RANCH MAX All Oem Pkg's 1.65% >2022 Expedition K2A-4X4 LIMITED MAX All Oem Pkg's 1.65% >2022 Expedition U1F-4X2 XL All Oem Pkg's 1.65% >2022 Expedition U1G-4X4 XL All Oem Pkg's 1.65% >2022 Expedition U1H-4X2 XLT All Oem Pkg's 1.65% >2022 Expedition U1J-4X4 XLT All Oem Pkg's 1.65% >2022 Expedition U1K-4X2 LIMITED All Oem Pkg's 1.65% >2022 Expedition U1L-4X2 PLATINUM All Oem Pkg's 1.65% >2022 Expedition U1M-4X4 PLATINUM All Oem Pkg's 1.65% >2022 Expedition U1N-02 KING RANCH All Oem Pkg's 1.65% >2022 Expedition U113-04 KING RANCH All Oem Pkg's 1.65% >2022 Expedition U1R-4X4 TIMBERLINE All Oem Pkg's 1.65% >2022 Ex edition U2A-4X4 LIMITED All Oem Pk 's 1.65% >2022 Bronco Sport SUV R9A-BRONCO SPT BASE All Oem Pkg's 1.65% >2022 Bronco Sport SUV R9B-BRONCO SPT BIG All Oem Pkg's 1.65% >2022 Bronco Sport SUV R9C-BRONC0 SPT OB All Oem Pkg's 1.65% >2022 Bronco S ort SUV R9D-BRONCO SPT BD All Oem Pk 's 1.65% >2022 Transit Connect E6S-TRAN CON -VAN -XL All Oem Pkg's 1.65% Van >2022 Transit Connect E6T-TRAN CN-VAN-XLT All Oem Pkg's 1.65% Van >2022 Transit Connect E7S-TRAN CON -VAN -XL All Oem Pkg's 1.65% >2022 Transit Connect E7T-TRAN CN-VAN-XLT All Oem Pkg's 1.65% Van >2022 Transit Connect S6S-TRAN CON -VAN -XL All Oem Pkg's 1.65% >2022 Transit Connect S6T-TRAN CN-VAN-XLT All Oem Pkg's 1.65% Van >2022 Transit Connect S7S-TRAN CON -VAN -XL ALL Oem Pkg's 1.65% >2022 Transit Connect S7T-TRAN CN-VAN-XLT All Oem Pkg's 1.65% Van >2022 F250 F2A-F250 4X2 SD R/C All Oem Pkg's 1.65% >2022 F250 F2B-F250 4X4 SD R/C All Oem Pkg's 1.65% >2022 F350 F3A-F350 4X2SDR/CSR All Oem Pkg's 1.65% >2022 F350 F313 -F350 4X4SDR/CSR All Oem Pkg's 1.65% >2022 F350 F3C-F350 4X2 SD R/C All Oem Pkg's 1.65% Duval Ford 904-388-2144 T Contract: BCSO 22-27 1.0 FORD OEM PRODUCT OFFERING oMo >2022 F350 F3D-F350 4X4 SD R/C All Oem Pkg's 1.65% >2022 F350 F3E-F350 4X2CHAS/CS All Oem Pkg's 1.65% >2022 F350 F3F-F350 4X4CHAS/CS All Oem Pkg's 1.65% >2022 F350 F3G-F350 4X2 CHAS/C All Oem Pkg's 1.65% >2022 F350 F3H-F350 4X4 CHAS/C All Oem Pkg's 1.65% >2022 F450 F4C-F450 02 SD R/C All Oem Pkg's 1.65% >2022 F450 F4D-F450 4X4 SD R/C All Oem Pkg's 1.65% >2022 F450 F4G-F450 4X2 CHAS/C All Oem Pkg's 1.65% >2022 F450 F4H-F450 4X4 CHAS /C All Oem Pkg's 1.65% >2022 F550 F5G-F550 4X2 CHAS/C All Oem Pkg's 1.65% >2022 F550 F5H-F550 4X4 CHAS/C All Oem Pkg's 1.65% >2022 F600 F6K-F600 4X2 CHAS/C All Oem Pkg's 1.65% >2022 F600 F6L-F600 4X4 CHAS/C All Oem Pkg's 1.65% >2022 F250 W2A-F250 4X2 CREW/C All Oem Pkg's 1.65% >2022 F250 W213 -F250 4X4 CREW/C All Oem Pkg's 1.65% >2022 F350 W3A-F350 4X2CREW/CS All Oem Pkg's 1.65% >2022 F350 W3B-F350 4X4CREW/CS All Oem Pkg's 1.65% >2022 F350 W3C-F350 4X2 CREW/C All Oem Pkg's 1.65% >2022 F350 W3D-F350 4X4 CREW/C All Oem Pkg's 1.65% >2022 F350 W3E-F350 4X2CRWCCSR All Oem Pkg's 1.65% >2022 F350 W3F-F350 4X4CRWCCSR All Oem Pkg's 1.65% >2022 F350 W3G-F350 4X2 CRW CC All Oem Pkg's 1.65% >2022 F350 W3H-F350 4X4 CRW CC All Oem Pkg's 1.65% >2022 F450 WK -F450 4X2 CRW PU All Oem Pkg's 1.65% >2022 F450 W4D-F450 4X4 CRW PU All Oem Pkg's 1.65% >2022 F450 W4G-F450 4X2 CRW CC All Oem Pkg's 1.65% >2022 F450 W4H-F450 4X4 CRW CC All Oem Pkg's 1.65% >2022 F550 W5G-F550 4X2 CRW CC All Oem Pkg's 1.65% >2022 F550 W5H-F550 4X4 CRW CC All Oem Pkg's 1.65% >2022 F250 X2A-F250 4X2 S/C All Oem Pkg's 1.65% >2022 F250 X2B-F250 4X4 S/C All Oem Pkg's 1.65% >2022 F350 X3A-F350 4X2 S/C All Oem Pkg's 1.65% >2022 F350 X313-1`350 4X4 S/C All Oem Pkg's 1.65% >2022 F350 X3C-F350 4X2 S/C DR All Oem Pkg's 1.65% >2022 F350 X3D-F350 4X4 S/C DR All Oem Pkg's 1.65% >2022 F350 X3E-F350 4X2S/CCCSR All Oem Pkg's 1.65% >2022 F350 X3F-F350 4X4S/CCCSR All Oem Pkg's 1.65% >2022 F350 X3G-F350 4X2 S/C CC All Oem Pkg's 1.65% >2022 F350 X3H-F350 4X4 S/C CC All Oem Pkg's 1.65% >2022 F450 X4G-F450 4X2 S/C CC All Oem Pkg's 1.65% >2022 F450 X4H-F450 4X4 S/C CC All Oem Pkg's 1.65% >2022 F550 X5G-F550 4X2 S/C CC All Oem Pkg's 1.65% >2022 F550 X5H-F550 4X4 S/C CC All Oem Pk 's 1.65% o � >2022 Mustang Mach -E K1R-SELECT RWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K1S-SELECT AWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K2R-CAL ROUTE 1 RWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K2S-CAL ROUTE 1 AWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K3R-PREMIUM RWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K3S-PREMIUM AWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K4S-GT AWD All Oem Pkg's 1.65% Duval Ford 904-388-2144 Contract: BCSO 22-27 1.0 N M FORD OEM PRODUCT OFFERING w >2022 F150 F1C-F1504X2 R/C All Oem Pkg's 1.65% >2022 F150 F1 E -F150 4X4 R/C All Oem Pkg's 1.65% >2022 F150 W1C-F1504X2 CREW All Oem Pkg's 1.65% >2022 F150 W 1 E- F1 50 4X4 CREW All Oem Pkg's 1.65% >2022 F150 W1P-F150 POL RESP All Oem Pkg's 1.65% >2022 F150 W1S-F150 4X2 CREW All Oem Pkg's 1.65% >2022 F150 W1T-F1504X4 CREW All Oem Pkg's 1.65% >2022 F150 X1C-F150 4X2 S/C All Oem Pkg's 1.65% >2022 F150 X1 E -F150 4X4 S/C All Oem Pk 's 1.65% m >2022 Bronco Full Size E5A-BRONC0 2DR 4X4 All Oem Pkg's 1.65% Excluding SVT >2022 Bronco Full Size E5B-BRONCO 4DR 4X4 All Oem Pkg's 1.65% Excluding SVT >2022 Bronco Full Size E5C-2DR ADVANCD 4X4 All Oem Pkg's 1.65% Excluding SVT >2022 Bronco Full Size E5D-4DR ADVANCD 4X4 All Oem Pkg's 1.65% Excluding SVT >2022 Bronco Full Size E5E-4DR ADVANCD 4X4 All Oem Pkg's 1.65% Excluding SVT >2022 Bronco Full Size E5F-2DR ADVANCD 4X4 All Oem Pkg's 1.65% Excluding SVT >2022 Bronco Full Size E5G-2 DR ADV AWD HL All Oem Pkg's 1.65% Excluding SVT >2022 Bronco Full Size E5H-4 DR ADV AWD HL All Oem Pkg's 1.65% Excluding SVT >2022 Bronco Full Size E5J-4DR ADVANCD 4X4 All Oem Pkg's 1.65% Excludin SVT >2022 Maverick Pickup W8E-MAVERICK FWD All Oem Pkg's 1.65% >2022 Maverick Picku W8F-MAVERICK AWD All Oem Pk 's 1.65% >2022 Explorer SUV K7B-4DR RWD BASE All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K7D-4DR RWD XLT All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K7F-4DR RWD LIMITED All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K7G-4DR RWD ST All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K7H-4DR RWD PLTNM All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K7K-4DR RWD ST -LINE All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K7L-4DR RWD K RANCH All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K8B-4DR 4WD BASE All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K8D-4DR 4WD XLT All Oem Pkg's 1.65% Excluding ST Duval Ford 904-388-2144 Contract: BCSO 22-27 1.0 M M FORD OEM PRODUCT OFFERING >2022 Explorer SUV K8F-4DR 4WD LIMITED All Oem Pkg's 1.65% Excluding ST All Oem Pkg's >2022 Explorer SUV K8G-4DR 4WD ST 1.65% Excluding ST All Oem Pkg's >2022 Explorer SUV K8H-4DR 4WD PLTNM 1.65% Excluding ST >2022 Explorer SUV K8J-4DR 4WD TMBLINE All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K8K-4DR 4WD ST -LINE All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K8L-4DR RWD K RANCH All Oem Pkg's 1.65% ExcI. din ST >2022 Transit Van E1C-MR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van E1D-MR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van E1Y-LR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van E1Z-LR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van E2C-MR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van E2D-MR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van E2Y-LR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van E9Z-LR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van F1P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van F1Y-LR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F1Z-LR CHASSIS RWD Alt Oem Pkg's 1.65% >2022 Transit Van F2P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van F2Y-LR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F2Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van F4U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F4V-HR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van F4W-HR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van F4X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F5X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F6P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van F6X-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F6Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van F7C-MR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F7X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F8C-MR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F8P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van F8X-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F8Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van R1C-MR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van R1D-MR CREW RWD W All Oem Pkg's 1.65% >2022 Transit Van R1V-HR CREW RWD W All Oem Pkg's 1.65% >2022 Transit Van R1X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van R1Y-LR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van R1Z-LR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van R2C-MR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van R2D-MR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van R2V-HR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van R2X-HR CARGO AWD All Oem Pkg's 1.65% Duval Ford 904-388-2144 Contract: BCSO 22-27 1.0 FORD OEM PRODUCT OFFERING oMo >2022 Transit Van R2Y-LR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van R2Z-LR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van R3U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van R3X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van R5P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van R5Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van R7P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van R7Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van S4U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van S4V-HR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van S4W-HR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van S4X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van S6P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van S6Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van S8P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van S8Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van U4X-HR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van U5X-HR PASS XL AWD All Oem Pkg's 1.65% >2022 Transit Van U6P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van U6Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van U8P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van U8U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van U8X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van U8Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van W1D-MR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van W1V-HR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van W1X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van W1Y-LR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van W1Z-LR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van W2C-MR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van W2D-MR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van W2V-HR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van W2X-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van W2Y-LR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van W2Z-LR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van W3U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van W3X-HR CARGO RWD Alt Oem Pkg's 1.65% >2022 Transit Van W4X-HR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van W4Z-MR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van W5P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van W5Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van W7P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van W7Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van W9C-MR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van X2C-MR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van X2X-HR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van X2Y-LR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van X9C-MR PASS XL AWD All Oem Pkg's 1.65% >2022 Transit Van X9X-HR PASS XL AWD All Oem Pkg's 1.65% >2022 Transit Van X9Y-LR PASS XL AWD All Oem Pke's 1.65% Duval Ford 904-388-2144 Contract: BCSO 22-27 1.0 >2022 Edge Suv >2022 Edge Suv >2022 Edge Suv >2022 Edge Suv >2022 Edge Suv >2022 Edge Suv Suv i>i20Ee 43-TRAN CONNCT >2022 WAG 43-TRAN CONNCT >2022 WAG 43-TRAN CONNCT >2022 WAG 43-TRAN CONNCT >2022 WAG 43-TRAN CONNCT >2022 WAG 43-TRAN CONNCT >2022 WAG 43-TRAN CONNCT >2022 WAG 43-TRAN CONNCT >2022 WAG m m- >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 45 -ESCAPE >2022 Police SUV >2022 Police F150 K3G-EDGE FWD -SE K3J-EDGE FWD -SEL K3K-EDGE FWD -TITAN K4A-EDGE AWD-ST K4G-EDGE AWD-SE K4J-EDGE AWD-SEL K4K-EDGE AWD-TITAN E8F-TRANCON-WGN-XLT E8G-TRANCON-WGN-TTN E9E-TRANCON-WGN-XL E9F-TRANCON-WGN-XLT E9G -TRANCON-WGN-TTN S8F-TRANCON-WGN-XLT S9E-TRANCON-WGN-XL S9F-TRANCON-WGN-XLT UOB-SE FHEV FWD UOC-SEL FHEV FWD UOD-TIT FHEV FWD UOE-PHEV FWD UOF-BASE FWD UOG-ACTIVE FWD UGH -SEL FWD UOJ-PLATINUM FWD UOK-SEL PHEV FWD UOL-TIT PHEV FWD U913 -SE FHEV AWD U9C-SEL FHEV AWD U9D-TIT FHEV AWD U9F-BASE AWD U9G-ACTIVE AWD U9H-SEL AWD U9J-PLATINUM AWD mommom K8A-4DR AWD POLICE W1P-F150 POL RESP Duval Ford 904-388-2144 Ln FORD OEM PRODUCT OFFERING 0M0 All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem PkQ's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's All Oem Pkg's AwiOema ' All Oem Pkg's All Oem Pkg's 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% 1.65% ti Contract BCSO 22-27 1.0 AMO: After Market Pricing Schedule oMo Duval Ford 904-388-2144 Contract BCSO 22-27 1.0 AMO: After Market Pricing Schedule Duval Ford 904-388-2144 Accessory UWS 29% • Accessory Curt 29% Accessory BetterbuiIt 29% Accessory Enpak/Miller 29% Accessory US Tarp 29% • Accessory Chelsea 29% Accessory Muncie 29% Accessory Decked 29% Accessory Kussmall 29% Accessory Tigertough 29% Accessory Warn 29% Accessory Weatherguard 29% Accessory Roll n Lock 29% Accessory Retrax 29% Accessory ARE 29% Accessory Ranch 29% Accessory Century 29% Accessory LineX 29% Accessory Toff Brand 29% Accessory Aervoe 29% Accessory Amerex 29% .. Accessory Accessory Keystone Automotive Meyer Distributing 29% 29% Accessory Wanco (Arrow/Message Boards) Speed Trailers 29% Accessory Bak Flip 29% .' Accessory Cargo Glide 29% Accessory VAN BODY JBC Safety: Traffic Safety Products Rockport 29% 14% VAN BODY Complete Van Body 14% VAN BODY Conyers Mfg. 14% VAN BODY VANS Supreme Corporation Masterack 14% 22% VANS Legend 22% VANS Kargo Master 22% VANS Prime Design 22% VANS Weatherguard 22% VANS AERIAL Ranger DuraliftAerial Devices 22% 22% PackageDiscavailable AERIAL Axion Aerial Devices 22% Package Disc available AERIAL Challenger Aerial Devices 22% Package Disc available AERIAL ALTEC 33% Package Disc available AERIAL LIGHTING Stamm Mfg Trafcon Signals 24% 20% Package Disc available LIGHTING WHELEN 20% LIGHTING Soundoff 20% ' LIGHTING LIGHTING Brookings Metra 20% 20% LIGHTING Code3 20% Duval Ford 904-388-2144 rn Contract BCSO 22-27 1.0 AMO: After Market Pricing Schedule oMo • LIGHTING hp? 20% ' LIGHTING unity 20% ' LIGHTING Streamlight 20% LIGHTING Ecco 20% LIGHTING SpeedTech 20% ' LIGHTING Bayco 20% LIGHTING Able Products 20% •' LIGHTING Go Light 20% LIGHTING Maxxima 20% LIGHTING Star 20% LIGHTING LE DEVICE Pelican Products PhillipsAed's 20% 20% LE DEVICE Zoll Aed's 20% LE DEVICE LE DEVICE Watchgaurd Digital Ally 20% 20% 1 LE DEVICE Mag light 20% LE DEVICE LE DEVICE Stalker AceK9 20% 20% LE DEVICE Panasonic 20% LE DEVICE Intermotive 20% LE DEVICE Dell 20% LE DEVICE LE DEVICE Angel Armor Brother Printers and Accessories 20% 20% LE DEVICE ISBI Window Ballistics 20% LE DEVICE LE DEVICE Zebra printers and Tablets Tremco 20% 20% LE DEVICE Santa Cruz 20% LE DEVICE LE Metal Big Sky Gun Racks Gamber.lohnson 20% 20% LE Metal Havis 20% LE Metal Pro -Gard 20% LE Metal Setina 20% LE Metal LE Metal Troy Jotto 20% 20% LE Metal LE Metal American Aluminum Westin 20% 20% LE Metal GoRhino 20% LE Metal Sterling 20% LE Metal RanchHand 20% LE Metal Highway Safety Products 20% LE Metal Ram Mount 20% LE Metal Plastix Plus 20% LE Metal Tuffy Products 20% LE Metal Tufloc-Esmet 20% LE Metal Lund 20% LE Metal Ops Products 20% LE Metal Ray Allen K9 20% • LE Metal LE Metal Laguna LEM Solutions: Printer Mounts 20% 20% Duval Ford 904-388-2144 0 Contract BCSO 22-27 1.0 AMO: After Market Pricing Schedule owo Duval Ford 904-388-2144 T IV 00 Per section [L] tab 4, part 3, Duval Ford will deliver all completed vehicles to BCSO at no charge, F.O.B. purchased off this agreement. For deliveries to agencies other than BCSO, Duval Ford will charge $2 per mile from zip code 32210 to agency zip code per mileage posted on Mapquest or similar site data. This charge will include the fuel and may be achieved via motor carrier or contract driver. q2,r-- Richard Tackett Date: 9/5/2022 President / General Manager Duval Fleet Duval Ford, Duval Chevrolet richard.tackett@duvalfleet.com N IV 00 M IV 00 The undersigned bidder in accordance with Florida Statute 287.087 hereby certifies that _DLIVAL FORD 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Contract Number BCSO 22-27-1.0 Bidder's Signature IV IV 00 .l ■i k 0 A (MIM4 TA I Duval Ford, upon BCSO approval, may engage partnered dealerships for purposes of providing expedited delivery of products not currently available in inventory. When available, the transaction price will become the bid percentage submitted plus a $400 administrative fee. In cases where the end product is an alternative brand (i.e. Dodge, Honda etc.) the partnered dealer will be named, posted and held to the terms and conditions of the BCSO contract and recognized as a transactional subcontractor of the awarded dealership. In no way will the resulting transaction between the dealer and agency be indirect, or a "brokered" sale. The transaction is original and direct between entities adhering to the Manufacturer's franchise agreements and the manufacturer's statement of origin is assigned directly to the end user as a new, unused, non -brokered, direct agency sale, matching the named entity on the agency purchase order, binding those entities per agency purchasing guidelines. Richard Tackett Date: 9/5/2022 President / General Manager Duval Fleet Duval Ford, Duval Chevrolet richard.tackett@duvalfleet.com Ln IV 00 �o aw �z BRADFORD D CO UNT'Y TELEGRAPH Published Weekly Starke, Bradford County, Florida Before the undersigned authority personally appeared, Mary Goodge, personally known to me, who on oath says that she is the publisher's assistant of the Bradford County Telegraph, a weekly newspaper published in Starke, Bradford County, Florida that: BRADFORD COUNTY SHERIFF'S Office, 945-B N. Temple Ave., Starke, FL 32091, Request for Proposal for Purchase of Motor Vehicles. Published in said newspaper in the issue(s) of: 8/25 & 9/1/22 BCT. Affiant further says that the said Bradford County Telegraph is a newspaper published in Starke, in Bradford County, Florida, and that the said newspaper has heretofore been continuously published in said Bradford County, Florida, each week and has been entered as second-class mail matter at the post office in Starke, Bradford County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement. Affiant further says that she has never paid nor promised any person, firm, or corporation any discount, rebate, commission, or refund for the purpose of securing this advertisement for publication of said newspaper. Mary Goodge, Publisher s Assistant STATE OF FLORIDA COUNTY OF BRADFORD The fpregoing i ment was acknowledged before me this day of 20�. By; Mary Goodge who is ✓ personally known to me who did (did not) take an oath. *Notaryblic - HEATHER WHEELER STATE OF FLORIDA My Commission expires: July "'` HEATHERWHEELER SEAL s': .: *_ Commission # HH 242059 P` Expires July 17, 2026 E'•.Fob n;4�• REQUEST FOR PROPOSAL The Bradford County Sheriff's Office requests proposals for the purchase of motor vehicles and related vehicle components for the Fleet Management Division and it's eligible users. Deadline for sealed proposals is September _ 61h, 2022 @ 10;00 AM. Please email Major George Konkel (george_ konkel@bradfordsheriff.org) for Proposal packets or see our website; bradfordsheriff.org 0125 21chg 9/1 -BCT IV 00 M N O N N N O N LL d N cc t V i a as as as as LL ti 6.J Consent Agenda 07/18/2023 Legal Invoices May 2023. Requested Action by Commission: Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received through Risk Management are also included. Goren, Cherof, Doody & Ezrol, P.A. Legal $ 42,376.60 Department Goren, Cherof, Doody & Ezrol, P.A. Risk $ 15,542.98 Management Outside Counsel $ 86,364.71 TOTAL $144,284.29 How will this affect city programs or services? n/a Fiscal Impact: No Fiscal Impact. All items are budgeted. Attachments: Kopelowitz Ostrow - Sohn Arbitration April 2023.pdf Goren Cherof Risk Litigation May 2023 Invoices.pdf Goren Cherof Doody Ezrol May 2023 Invoices.pdf Jones Foster May 2023.pdf Olds & Stephens - Smith vs Police Officers - Herny May 2023.pdf Johnson Anselmo - Smith vs Police Officers - Berben May 2023.pdf Johnson Anselmo - Ultimate Bakery May 2023.pdf Roberts Reynolds - Geraci vs Zeller - May 2023.pdf Roberts Reynolds - Beecher vs Felix May 2023.pdf 75251 - 000000043019 - Flake N v BB (Bill).pdf 75252 - 000000043022 - Bozzacco B v BB (Bill).pdf 75253 - 000000043028 - Philson T v BB (Bill).pdf 75254 - 000000043044 - Norwood M v BB (Bill).pdf 75249 - 000000042070 - Thompson and Davis v BB (Bill).pdf 75250 - 000000043016 - Geico aso Fernandez v BB (Bill).pdf Lewis Longman TS Development May 2023.pdf 848 Lewis Longman E2L Litigation - May 2023.pdf 849 LAWYERS Kopelowitz Ostrow Ferguson Weiselberg Gilbert 1 West Las Olas Blvd., Suite 500 Federal Tax I.D. No.: 65-0637822 Fort Lauderdale, FL 33301 www.kolawyers.com City of Boynton Beach c/o City Attorney, Michael Cirullo Jr 100 E. Ocean Avenue Boynton Beach, Florida 33435 RE: City of Boynton Beach - Arbitration of Mark Sohn For Professional Services Rendered Through April 30, 2023 Total Services Total Disbursements Total Current Charges Previous Balance Less Payments Remittance Advice Telephone: 954.525.4100 Facsimile: 954.525.4300 Client: 015589 Matter: 000001 Invoice #: 147736 $48,172.50 $386.55 $48,559.05 $9,720.00 ($9,720.00) Payment is due upon receipt. If payment in full is not received within 30 days, a finance charge of 1.2% (15% annually) may apply. Check Payable To: Wire Transfer: Kopelowitz Ostrow P.A. Receiving Bank: City National Bank of Florida Attn.: Accounts Receivable ABA Routing Number: 066004367 1 West Las Olas Blvd., Suite 500 Beneficiary: Kopelowitz Ostrow P.A. Fort Lauderdale, FL 33301 Account Number: 1954993480 Credit Card: We accept VISA, MasterCard, Discover and American Express or eCheck. To make a secure payment online, pleaseclick here. If paying by credit card, a 2% credit card processing fee will be added to your payment. Please return this remittance page with your payment. Thank you. 850 LAWYERS Kopelowitz Ostrow Ferguson Weiselberg Gilbert 1 West Las Olas Blvd., Suite 500 Federal Tax I.D. No.: 65-0637822 Fort Lauderdale, FL 33301 www.kolawyers.com City of Boynton Beach c/o City Attorney, Michael Cirullo Jr 100 E. Ocean Avenue Boynton Beach, Florida 33435 RE: City of Boynton Beach - Arbitration of Mark Sohn For Professional Services Rendered Through April 30, 2023 Telephone: 954.525.4100 Facsimile: 954.525.4300 May 31, 2023 Client: 015589 Matter: 000001 Invoice #: 147736 Page: 1 Date Person Description of Services Hours Rate Amount 04/01/2023 DLF Prepared for final hearing. 2.70 225.00 $607.50 04/01/2023 SDH Organize Exhibit List. 1.00 225.00 $225.00 04/03/2023 SDH Emails with IA Investigator regarding requested 0.20 225.00 $45.00 documents. 04/04/2023 SDH Phone call with IA Investigator regarding 0.40 225.00 $90.00 requested documents. Review of emails from IA investigator and City Attorney Office. 04/05/2023 SDH Review of responses to damages discovery. 0.80 225.00 $180.00 Review emails and new documents provided by IA investigator. Emails with opposing counsel regarding upcoming hearing. 04/06/2023 SDH Begin to review training documents and chart from 0.50 225.00 $112.50 IA Investigator. 04/07/2023 DLF Reviewed prior pursuit and prior IA materials to 5.40 225.00 $1,215.00 prepare for final hearing. Strategy call with Assistant Chief Dale. 04/07/2023 SDH Phone calls with multiple witnesses that were 4.50 225.00 $1,012.50 subpoenaed by the Union. Continue to review Sohn training history and prior incidents. Strategy conference with David Ferguson regarding exhibits. 04/10/2023 DLF Prepared for final hearing. 5.00 225.00 $1,125.00 04/10/2023 SDH Organize prior instances and review policies 3.50 225.00 $787.50 violated. Emails with BBPD command regarding videos. 04/11/2023 DLF Prepared for final hearing. 3.50 225.00 $787.50 851 VA SDH 04/15/2023 May 31, 2023 LAWYERS 21 Client: 015589 Matter: 000001 04/17/2023 Invoice #: 147736 04/18/2023 Page: 2 Date Person 04/11/2023 SDH 04/12/2023 SDH 04/13/2023 SDH 04/14/2023 SDH 04/15/2023 DLF 04/16/2023 DLF 04/17/2023 SDH 04/18/2023 DLF 04/18/2023 SDH 04/19/2023 DLF 04/19/2023 SDH 04/20/2023 DLF 04/20/2023 SDH 04/21/2023 04/21/2023 04/21/2023 04/22/2023 04/22/2023 04/23/2023 04/23/2023 04/24/2023 04/24/2023 DLF DLF SDH DLF SDH DLF SDH DLF SDH 04/25/2023 DLF 04/25/2023 SDH 04/26/2023 DLF Description of Services Continue to organize exhibits and related documents. Review of reenactment video. Prep for Final Hearing. Review newly received documents and videos from BBPD. Emails with opposing counsel regarding conference on joint exhibits. Continue to review documents provided by BBPD as potential exhibits. Arbitration prep. Phone call with potential union witness. Arbitration Prep. Prepared for final hearing. Reviewed expert report and prepared for final hearing. Draft Table of Contents and finalize exhibits. Review of Expert Reports by Bob Pusins. Prepared for final hearing. Arbitration prep. Phone call with potential witness. Organize exhibits and review of video to be played at Arbitration. Strategy conference with David Ferguson regarding witnesses. Prepared for final hearing. Arbitration Prep. Phone call with witnesses. Review of Expert Report. Prepared for final hearing. Strategy conference with David Ferguson. Prep with witnesses. Finalize binders and exhibits. Prepared for final hearing. Prepared for final hearing. Arbitration Prep. Phone call with witnesses. Prepared for final hearing. Arbitration Prep. Prepared for final hearing. Arbitration Prep. Day 1 of final hearing and prepared for day 2. Attend Arbitration Final Hearing Day 1. Prep for Day 2. Attend Arbitration Final Hearing Day 2. Prep for Day 3. Day 3 of final hearing prepared for day 4. Hours Rate 3.50 225.00 4.00 225.00 3.50 225.00 Amount $787.50 $900.00 $787.50 3.00 225.00 $675.00 1.50 225.00 $337.50 2.00 225.00 $450.00 2.50 225.00 $562.50 1.20 225.00 $270.00 2.50 225.00 $562.50 2.20 2.50 3.50 5.00 4.00 3.50 6.50 9.00 3.50 4.00 6.00 12.00 12.50 13.00 13.00 12.00 225.00 $495.00 225.00 $562.50 225.00 $787.50 225.00 $1,125.00 225.00 225.00 225.00 225.00 225.00 225.00 225.00 225.00 225.00 $900.00 $787.50 $1,462.50 $2,025.00 $787.50 $900.00 $1,350.00 $2,700.00 $2,812.50 225.00 $2,925.00 225.00 $2,925.00 225.00 $2,700.00 852 VA Day 4. Phone calls and emails with Client. 04/27/2023 DLF May 31, 2023 LAWYERS 21 Client: 015589 Matter: 000001 10.00 Invoice #: 147736 04/28/2023 DLF Page: 3 Date Person Description of Services 04/26/2023 SDH Attend Arbitration Final Hearing Day 3. Prep for Total Professional Services Date Description of Disbursements 04/18/2023 CopyScan, Inc.- Litigation Support Vendors - Total Disbursements Total Services Total Disbursements Total Current Charges Previous Balance Less Payments DLF David L. Ferguson SDH Seth D. Haimovitch Hours Day 4. Phone calls and emails with Client. 04/27/2023 DLF Day 4 of final hearing prepared for day 5. 04/27/2023 SDH Attend Arbitration Final Hearing Day 4. Prep for 10.00 Day 5. 04/28/2023 DLF Last day of final hearing and worked on outline of 225.00 topics for closing brief. 04/28/2023 SDH Attend Arbitration Final Hearing Day 5. Total Professional Services Date Description of Disbursements 04/18/2023 CopyScan, Inc.- Litigation Support Vendors - Total Disbursements Total Services Total Disbursements Total Current Charges Previous Balance Less Payments DLF David L. Ferguson SDH Seth D. Haimovitch Hours Rate Amount 13.50 225.00 $3,037.50 10.00 225.00 $2,250.00 12.70 225.00 $2,857.50 6.50 225.00 $1,462.50 8.00 225.00 $1,800.00 214.10 $48,172.50 $48,172.50 $386.55 Amount $386.55 $386.55 $48,559.05 $9,720.00 ($9,720.00) 101.00 $225.00 $22,725.00 113.10 $225.00 $25,447.50 853 GOREN.CHEROF.DOODY&EZROLP�. Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderda|o, Florida 33308 Telephone (054) 771-4500 Page 1 CITY 0FBOYNTONBEACH ' 0801/2823 1OOE.Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 48001 Attn: Lynn Swanson adv Mata ChonwodiInc - Homing Inn Federal Lawsuit Billing 18-HLO Claim #19780873 HOURS 05/02/2023 MDC review 11thCircuit Court opinion, review order re: cost appeal, miso telephone calls 120 05/03/2023 MDC prepare email update tnCity explaining case and opinion, review order on briefing for cost appeal 0.70 C/PJ Study and review 11th circuit decision Mata Chonwandi. |nc.v. City of Boynton Beach. 0.40 05/11/2023 K0OC review corrected opinion in summary judgment appeal, review materials for Color photocopies Photocopies 05/16/2023 Fed -Ex 24.23 TOTALADVANCES 24.23 TOTAL CURRENT WORK 1.329.23 854 court-ordered supplemental briefs incost appeal 0.30 05/12/2023 MDC review materials, prepare Supplemental Brief per order of11th Circuit in Cost appeal; review Appellate Rules re: recovery ofcosts onappeal; begin preparing Bill ofCosts hnappeal offinal judgment 2.00 05/15/2023 MDC continue preparing supplemental brief inCost Appeal 0.60 05/1772023 MDC naviawChonwadi Supplemental Brief in cost appeal 0.40 05/31/2023 MDC review mandate from 11thCircuit O.�O FOR CURRENT SERVICES RENDERED 5.80 1,305.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael O.CiruUo 5.40 $335.00 $1.215.00 Vorgheoe/ChristinaA. 0.40 225.80 90.00 Color photocopies Photocopies 05/16/2023 Fed -Ex 24.23 TOTALADVANCES 24.23 TOTAL CURRENT WORK 1.329.23 854 Page: 2 CITY OF BOYNTON BEACH 06/01/2023 ACCOUNT NO: 306-9905423 STATEMENT NO: 48001 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit BALANCE DUE $1,329.23 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 855 GOREN.CHEROF.D0OOY&EZROLP�. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954)771-45O0 CITY OFBOYNTJNBEACH 1U8E.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Estella, Jean (MVA) Billing 18-RLD Claim #19798151 ACCOUNT NO STATEMENT NO 05/19/2023 AGL Receipt and review mf correspondence from Diana Taylor requesting updated status report; review ofcase file; review ofcourt docket and preparation ofresponse advising that Plaintiff iodeceased and the case has been dismissed. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Adam G.Levine 0.40 $225.00 TOTAL CURRENT WORK BALANCE DUE 44tk Page 1 OG/O1/2O23 308-8905444 48003 HOURS 0.0 0.40 90.00 TOTAL� $90.00 90.00 $90.00 GOREN.CHEROF.DOODY&EZROLP}� Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO CITY OFBOYNT]NBEACH 08/1/2023 1OOE.Ocean Avenue ACCOUNT NO: 306-9905492 Boynton Beach FL 33435 STATEMENT NO: 48008 Attn: Lynn Swanson adv. Flake, Natalie (MVA Billing Category: 18 -RL] Claim #20818346 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 857 HOURS 05/01/2023 N1OC confirm status cfclosed door session with defense counsel 0.20 05/02/2023 K8OC review nnatero|a, miao caUn, prepare for and attend closed door meeting with City Commission 1.68 05y11C2023 MDC review correspondence and court documents regarding settlement discussions 0.30 05/16/3023 K8OC call with Richard Ignoffo and Chris Stearns re: confirmation of settlement by city 0.20 05/24/2023 K8[]C confirm status cftrial with City's defense counsel; review agenda form for approval of settlement by City Commission 0.20 FOR CURRENT SERVICES RENDERED 2.50 562.50 RECAPITULATION TIMEKEEPER HOURS T[yTA� K8iohae|D.QnuUo 2.50 $225.00 $502.5O TOTAL CURRENT WORK 562.50 BALANCE DUE AIX $562.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 857 CITY OFBOYNTONBEACH 1O0EOcean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson GOREN.CH— `F.O{]O '&EZROLP.A' Attorneys at Law 3D0QEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954)771-45DO � adv. Alcin, Joey (police vehicle accident) 8UUno 18-RLO Claim #21855649 ACCOUNTN[>: STATEMENT NO: 05/08/2028 AGL Receipt and review of correspondence from C|tvregarding service ofthe complaint; receipt and review ofcorrespondence from Diana Taylor . regarding completion ofbudget; preparation ofreply toCity acknowledging receipt ofcomplaint; review ofcomplaint inpreparation for response and neoomroh concerning potential nnoUon to dismiss complaint for failure to state acause ofaction and pleading deficiencies. 05/09/2023 AGL Research concerning standing and onoelavvregarding inability bosue a police department inonegligence action; Preparation of Motion to Okanniss/QUanhsenico PReparaUonofnotice oflimited appearance; preparation ofcorrespondence tnthe City regarding Motion tmdismiss and request for approval toenter limited appearance onbehalf ofthe police department; receipt and review nfapproval b}soappear. 05/26/2023 AGL Preparation of requested Tricarelitigation template summary 05/30/2023 AGL Review of docket and various filing todetermine all current deadlines and due dates inpreparation ofchart organizing and illustrating all upcoming events regarding pleadings and discovery 05/31/2023 AGL Research concerning discovery cmimproperly named parties in preparation for motion hostrike discovery; preparation mfmotion tostrike discovery FOR CURRENT SERVICES RENDERED TIMEKEEPER Adam G. Levine RECAPITULATION HOURS HOURLY RATE 8.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE RPM 3.40 1.00 0.40 1.30 8.40 1.890.00 TOTAL. $1,890.00 1,890.00 $1,890.00 858 G[}REN.CHERDF, DOODY&EZRDL,P.& Attorneys at Law 3OQQEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333D8 Telephone (854)771-45U0 CITY OF BOYNTON BEACH 1OOE.Ocean Avenue ACCDUNTN{} Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson � Billing ��in0�o�eoo�18-RU] �,r-`` Claim #2187O337 HOURS 05/18/2023 AGL Review ofSummons and review offile in preparation of answer; review nfBVVCfootage ofaccident and immediate aftermath; research . concerning "Shotgun pleading" in preparation for decision as to whether a motion todismiss was warranted; research concerning flohdostatutes regarding operation ofbicycles; preparation ofdraft answer and affirmative defenses; preparation ofcorrespondence toCity requesting they review draft answer.. 4.70 05/23/2023 AGL Preparation ofrequest for production and interrogatories directed toplaintiff tailored to a bicycle vs automobile matter 2.25 05/25/2023 AGL Review entire file; photos; video; demand letter; medical records; police accident report; court docket; maintenance records and correspondence in preparation for and preparation of detailed Tristar Initial Report, budge and litigation plan; correspondence boCity and Diana Taylor regarding same. 6.50 05/28/2023 AGL In preparation for notice ofnon party orodVotion, review and compilation of each provider name, account number dates ofservice, and State Farm PIP claim # and policy number 1.20 05/30/2023 AGL Review ofdocket and various filing todetermine all current deadlines and due dates inpreparation ofchart organizing and illustrating all upcoming events regarding pleadings and discovery 0.40 FOR CURRENT SERVICES RENDERED 15.05 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 15.05 $225.00 $3,386.25 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Paoo:1 O6/O1/2D23 306-8905596 48010 3,386.25 3,386.25 $3,386.25 859 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Devon Schulte, Staci Schulte, and Tyler Schulte (MVA) Billing Category No. 18 - RLO AAC.. HOURS 05/04/2023 AGL Review of complaint; review of police report and City's incident records in preparation of answer and affirmative defenses; preparation of first complete draft of answer and affirmative defenses; preparation of correspondence to City attaching first complete draft and request for City to review and approve same. 6.00 05/22/2023 AGL Preparation of request for production regarding Devon Schulte 0.70 AGL Preparation of request for production regarding Staci Schulte 0.70 AGL Preparation of request for production regarding Devon Schulte as father and natural Guardian of TS a minor 0.70 AGL Preparation of interrogatories directed to Devon Schulte 0.80 AGL Preparation of interrogatories directed to Devon Schulte as father and natural guardian of TS a minor 0.80 AGL Preparation of interrogatories directed to Staci Schulte 0.80 AGL Preparation of request for admissions directed to Devon Schulte 0.40 AGL Preparation of request for admissions directed to Devon Schulte as father and natural guardian of TS a minor 0.40 AGL Preparation of request for admissions directed to Staci Schulte 0.40 05/30/2023 AGL Review of docket and various filing to determine all current deadlines and due dates in preparation of chart organizing and illustrating all upcoming events regarding pleadings and discovery 0.50 FOR CURRENT SERVICES RENDERED 12.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 12.20 $225.00 $2,745.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/01/2023 306-9905639 48013 2,745.00 2,745.00 $2,745.00 860 GORBN.CHEROF,DOODY@EZROLP.& Attorneys at Law 3OSQEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 338O8 Telephone (854)771-450O CITY OF BOYNTON BEACH 1OOE.Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson v. Yordi Cardona (MVA) EUUino Category No. 18-RLO Claim #22894054 HOURS 05/30/2023 AGL Receipt and review ofcorrespondence from Diana Taylor regarding status Ofthis matter; review of file; review Vfnotice ofclaim letter; review of complaint provided bvPlaintiff;oonductvarious docket searches to determine if this matter was filed; preparation of correspondence to Diana Taylor regarding my findings. 1.90 FOR CURRENT SERVICES RENDERED 1.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G.Levine 1.90 $225.00 $437.50 TOTAL CURRENT WORK BALANCE DUE AMOUNTSPREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 0601/2023 306-9905655 48017 $427.50 GOREN.CHEROF.DOOOY&EZROLP.A- Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (Q54)771-45OO CITY OFBOYNTDNBEACH 1OOE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Jeffrey Grant Sands Billing Category NV 18-R[O ClaimNo.23QO250B 05/05/2023 AGL Preparation ofdemand for jury trial0.30 ACCOUNT NO: STATEMENT NO: HOURS 05/15/2023 ABL Rev��||nn�d��r�c�[d��.ofdetoi�dmed�a|records . ,_,__-_ chart; preparation ofcorrespondence toclient summarizing medical records and other discovery responses; review of plaintiffs request for admissions; preparation of detailed email to client regarding and summarizing plaintiffs request for admissions. 8.40 05/16/2023 AGL Review ofPlaintiffs request for production and draft proposed response draft toproduction and interrogatory requests; preparation oJcorrespondence tothe City regarding same and request for city contact todiscuss this matter and gather information torespond to discovery 4.70 CLO Drafted Notices ofCompliance with Requests for Copies; gathered & transmitted documents; drafted N/NonParty Production & Subpoena to GEICO. 1.30 05/23/2023 AGL Telephone conference call Morgan Chmlouoharegarding discovery 0.20 05/30/2023 AGL Review [fdocket and various filing todetermine all current deadlines and due dates inpreparation ofchart organizing and illustrating all upcoming events regarding pleadings and discovery 0.40 05/31/2023 AGL Series of correspondence to/from COBB regarding ooheduUn0mf conference re:: discovery responses; draft proposed motion for extension of time borespond todiscovery 0.80 FOR CURRENT SERVICES RENDERED 16.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Cynthia LDunn 1.30 $125.00 $162.50 Adam G.Levine 14.80 225.00 3.330.00 TOTAL CURRENT WORK Page: 1 0601/202B 306-9905077 48021 3,492.50 3,492.50 862 Page: 2 CITY OF BOYNTON BEACH 06/01/2023 ACCOUNT NO: 306-9905677 STATEMENT NO: 48021 adv. Jeffrey Grant Sands BALANCE DUE $3,492.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 863 GOREN.CHEROF,OOOOY&EZROLP�. Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954)771-45OO CITY OFBOY0TO0BEACH 1OOEOcean Avenue Boynton Beach FIL 33435 Attn: Lynn Swanson ACCOUNT NO: STATEMENT NO: adv. Katherina Molina (subrogation of damages to police vehicle #3908) Billing Category No. 18'RLO HOURS 05/19/2033 AGL Receipt ofAPh|27correspondence from Diana regarding application of the statute of limitations; review of new statute of limitations effective date; preparation ofreply correspondence 0.40 05/22/2023 AGL Receipt and review offo|lovvupemai|afrom Diana Taylor and Morgan Cha|oupharegarding the fact that the subrogation ohmokhaanotbaan received by the C|ty; review Offile and review ofcorrespondence history to determine whether City received any further correspondence sinceAP[i| email from Allstate indicating subrogation check was being issued; and preparation ofcorrespondence toAllstate regarding foUowupofsubrogation payment. 0.40 05/31/2023 AGL Review of file regarding payment ofamounts due and owing by Allstate, review of correspondence for any correspondence with Allstate; telephone conference with Richard [)ato iao.c|minnohond|orregondin0paymont received correspondence from Allstate regarding request for issuance uf payment; preparation of correspondence to city regarding same. 1.00 FOR CURRENT SERVICES RENDERED 1�80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL. Adam G. Levine 1.80 $225.00 $405.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 864 GOREN.CHEROF.00ODY&EZROL.P�� Attorneys at Law 3O98East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (054)771-450O CITY OFBOYNTONBEACH 1ODE.Ocean Avenue ACCOUNTNO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Frances Saunders (Slip &Fall) Billing Category No. 18'RLO HOURS 05/26/2023 AGL Review ofnew claim documentation; first report, incident report, photos and claim letter for Claimant' Saunders, Frenmea(BoynhonBeach) DOL 04-20-2023 0.40 05/30/2023 AGL Receipt and review ofdocuments contained innew COBB Matters; Frances Gaudaro 0.40 FOR CURRENT SERVICES RENDERED 0.80 RECAPITULATION TIMEKEEPER HOURS HOURLY TOTAL Adam G.Levine 0.80 $225.00 $180.00 TOTAL CURRENT WORK BALANCEOUE 865 GOREN.CHEROF`DQOOY&EZRDL.P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (854) 771-4500 CITY {JFBOYNTONBEACH 1OOE.Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Exchange of,Real Property Color photocopies Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS. PREVIOUSLY BILLED NOT INCLUDED ABOVE Page:1 O6/O1/2O23 306'8905673 48160 $2,015.00 866 HOURS 05/02/2023 8K Looking up recorded deed, requesting post closing title 0.30 05/11/2023 SK Preparing Policy 2.00 DJD Review title update; revise title policy 1.40 05/12/2023 SK Finalizing po|ioy, reviewing exceptions bo remove 8.80 8N1S Research ontermination ofEasement, 1.50 DJD Review title related issues 070 05/15/2023 8K Reviewing exceptions onpolicy 0.40 05/16/2023 SK4G Research related toParking Easement and termination. 0.80 GK Requesting corrective Deed 0.40 DJ[] Address title issue; telephone call with Mark Lynn 1.00 05/18/2023 SK Reviewing Corrective Deed, preparing Closing Binder 0.50 DJD Address corrective deed 1.00 05/22/2023 SK Updating closing binder 0.20 FOR CURRENT SERVICES RENDERED ^ 11.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL [].J.Doody 4.10 $225.00 $922.50 Sean M. Swartz 2.30 225.00 517.50 Sabrina Kalil 4.60 125.00 575.00 Color photocopies Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS. PREVIOUSLY BILLED NOT INCLUDED ABOVE Page:1 O6/O1/2O23 306'8905673 48160 $2,015.00 866 GOREN.CHEROF.DOOOY&EZROLP^A. Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (B54)771 -450O CITY [)FBOYNTONBEACH 1OOE.Ocean Avenue Boynton Beach FIL 33435 Attn: Lynn Swanson ACCOUNT NO: STATEMENT NO: LABOR 'General HOURS 05/02/2023 J[PC correspondence re: DROP amendments for General Employees 0.30 CAV Review email correspondence from Kimberly Longo regarding final version ofthe client alert: Review final version ofthe client alert. Send email correspondence toKim approving final version for clients. Meeting with Julie. 0.10 05/03/2023 CAV Review final memo with client alerts for JFK. 0.10 05/10/2023 MDC Telephone conference call with Chief Bruder re: pension/DROP matters 0.70 CAV Research equitable estoppel/detrimental reliance regarding potential causes Vfaction that may beraised bvclaimant for pension plan issue. 0.70 05/11/2023 C/9/ Interoffice conference with MDC regarding City pension issue. Research causes ofaction for equitable estoppel and prepare interoffice memo to MDC. Review email from MDC regarding the cases cited inthe memo. Review email from MDC regarding HR's request to CAV to review letter of HSA terminating for employee. Review letter prepared by Rebekah Horvard, Benefits Administrator to Colin 8agat. Prepare email correspondence toRebekah Harvard koset uptime h)talk. Telephone conference call with Rebekah Harvard regarding the letter. 0.80 05/12/2023 MDC confer with Julie Klahron pension board matters re: DROP 0.30 JFK conference with MDC re: pension matters 0.30 05/17/2023 MDC call with HR re: misc employee issues 0.20 05/18/2023 CAV Review email from Lynn Swanson regarding whether the City's Police Page: 1 QO/O1/2O23 306-0603180 47983 Department may run obackground check before interviewing anapplicant. Telephone call with Lynn Swanson regarding whether the City ofBoynton Beach Police Department may run ebackground check before the interview. Conduct legal research regarding whether the City Police Department may conduct criminal background checks for applicants. 1.00 05/19/2023 MDC conference call with fire pension board attorney re: DROP election and data issues 0.80 JFK conference call with MDC, Adam Levinson, Esq re: Fire pension calculation matters 0.80 FOR CURRENT SERVICES RENDERED 5.90 1,327.50 867 Page: 2 CITY OF BOYNTON BEACH 06101/2023 ACCOUNT NO: 306-0603180 STATEMENT NO: 47993 LABOR - General 05/10/2023 TIMEKEEPER Michael D. Cirullo Klahr/Julie F. Varghese/Christina A. RECAPITULATION HOURS HOURLY -RATE 1.80 $225.00 1.40 225.00 2.70 225.00 Color photocopies Photocopies Court Reporter: Prestige Reporting Service (04/18/23) TOTALADVANCES TOTAL CURRENT WORK BALANCE DUE TOTAL $405.00 315.00 607.50 442.50 442.50 1,770.00 $1,770,00 G{]REN.CHEROF.00ODY&EZROLP^A. Attorneys at Law 3U8SEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45UO CITY OF BOYNTON BEACH 0601/2023 1OOE.Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 47994 Attn: Lynn Swanson Red Light Cameras 05/01/2023 PE Updated tracking log. Sent prose notices bzprinter for mailing. Converted notices toPOF/Aand o -filed 2.00 PBH Reviewed and approved N0a. 0.80 05/04/3023 PE Sort organized and prepared 1Onotices for 8/13/2O23hearing for PBH approval. 3.00 U5/05/2022 PE Sent prose notices toprinter for mailing. Converted [nPOF/Aand e-fi|ed. Updated tracking log. Updated PBH calendar. �4OO PBH Reviewed and filed NO|o. 0.50 05/08/2023 PE Updated tracking log. Checked notices onthe clerks website. 1.50 05/09/2023 MDC review correspondence and rnigcfollow uponissues relating tunew installations; 0.50 05J11/2023 K8QC call with Karl K8orouotaatBBPD.follow upwith vendor re: installation of additional cameras 0.30 05/12/2023 MDC review correspondence from VenoMobility and follow upwith Police Department re: additional cameras 0.20 05/13/2023 PE Sort and organized 2Ugubpnenos.'Created amendment for violator address. 1.50 05/15/3023 PE Updated tracking log. Prepared 16 prose notices for PBH approval. Communicated with P[} regarding violator address, 4.20 PBH Reviewed NO|o. 0.80 05/17/2023 PE Converted notices to PDF/A sent prose notices to printer for mailing. Made corrections andeU|ed 16 notices. Updated PBH calendar. Updated tracking km. 7.20 05V19/2023 PE Prepared attorney notices for PBH approval. 4.00 PBH RavievwadNO|n. 0.50 05/22/2023 PE Updated tracking log, updated PBH calendar. 8Ortand organized notices for 7/1/2023 2.90 05/28/2023 PE Prepared 9notices for 7Y11/2O23hearing for PBH approval. 3.73 869 CITY OF8OYNTONBEACH ACCOUNTNC) STATEMENT NO Red Light Cameras 05/29/2023 PE Updated tracking log. Prepared 8notices for 7/11/2023 hearing 05/303023 PBH RevewadNO|e. 05/31/2023 PE Checked email updated Tabs. FOR CURRENT SERVICES RENDERED RECAPITULATION TIME KEEPER HOURS HOURLY RATE Michael O. Ciru||o 1.00 $225.00 Paul Hernandez 3.10 250.00 Patricia Eugene 37.53 125.00 Photocopies TOTAL OUT'OF-POCKETEXPENSES THROUGH OB31/2O23 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 2.40 0.50 1.10 41.63 TOTAL $225.00 775.00 4,691.25 Page: 2 0601/2023 306-0806020 47994 5,691.25 14.35 14.35 5,705.60 $5,705.60 870 GOREN.CHEROF.0JDOY&EZROLP.A. Attorneys at Law 3O88East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-45DO CITY OF BOYNTON BEACH 1OOE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO: STATEMENT NO: 85/02/2023 KLE Email from Lynn Swanson re: Endo, review documents, email toAttorney General 05/03/2023 KLE Telephone conference with Attorney General re: Endo, email hoLynn 05/04/2023 KLE Emoi|obzand from Lynn re: Endo FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Kerry [EzpV| ' 0.80 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 DO/U1/2O23 308-9304150 47996 871 GOREN.CHEROF.DOOOY&EZROLP�. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO CITY OFBOYNTONBEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson General Matters ACCOUNTN() STATEMENT NO HOURS 05/01/2033 KAOC review reasonable accommodation application, review agenda and attend staff conference call; call re: Olen and Quantum 1j0 SMS Review related tnVVXELEasement. 1.00 QEm1 Review ofinformation from staff re: impact fee workshops and plan; review and prepare initial edits tonotice for impact fee workshop meeting. 1.20 P8H Reviewed and drafted summary email onrecently-enacted anti -discrimination law. Completed draft memorandum regarding Full and public disclosure offinancial interests. 1.20 05/02/2023 K8[)C review emai|s onland use inquiries, review and revise amendments [V continuing services agreeM1ents.Mnisc calls; meet with Lynn Swanson on pending matters; follow uponOlen; prepare for and attend City Commission meeting 5.70 QEK8 Finalize edits and forward draft impact fee notice statement toMr. Young. 0.00 GK8G Correspondence related toexecution ofdocuments and recorded Resolution. 0.40 05/03/2023 K8D[} follow uponcommission meeting items, call re: reasonable aocornmdation agneementVVe|lcere 0.80 8K88 Review related to notice uflien on railroad property; Call todiscuss. 0.60 C>EW1 Begin review ofBanbakContract documents; follow-up with KAe. Swanson re: Risk issues. 1.60 05/04/2023 MDC review correspondence and email attorney re: reasonable accommodation request; review agenda items 2.40 SMS Review ofCafe Lease Template and related correspondence onupdated Lease Agreement for the links; Review ofprevious correspondence related hzCafe Lease. 1.00 HN Email toCandice Stone re: Casa Del Mar code case ccMDC. 0.10 PBH Coordinated finalizing memorandum onpermit-less carry bill. Conducted research and composed summary providing status update ofState legislation limiting the ability ofgovernment todisplay flags. 0.80 05/05/2033 QEKA Review offile and follow-up with staff re: towing ordinance and procurement status. 0.80 MDC review agenda items 1.00 OEyN Review and correspond with staff re: status ofLease for the Links concessionaire. 0.70 QEM Review ofupdate from staff re: Banteh Contract; follow-up with Mr. |Qnoffo Page: 1 0601/202 306-9001821 47995 872 CITY OFBOYNTONBEACH 08/1/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 47995 General Matters HOURS QBN Follow-up with staff re: Boynton Beach PID EULAand legal authority of contractor. 0.40 SMS Review and discussion VnLinks Lease Agreement and review ofrelated materials. 1.30 05/08/2023 K8OC review agenda items for 5-1Gmeeting; review agenda for 5-13-23 workshop, misccalls onnotice matters; call with Lynn Swanson onpending matters; call re: reasonable accommodations with counsel for \0oUoone; review issue with oenmobsryburial procedures 2.00 SMS Review/Revise Lease Agreement for Links; Correspondence related to advertisement. 2.20 C)EKA Follow-up with staff re: towing agenda item status. 0.50 QEyW Review ofdraft edits borestaurant concession lease agreement. 0.60 05/09/2023 K8OC review agenda items for 5-1G-23meeting, misocalls onbudget inquiries, 05/10/2023 MDC review agenda packet for 5-16-23 meeting, approve form of published review agenda items for 5-8-23meeting 1.70 JFK research re: burial certification requirements; 1.40 CJEK8 Review and approved agenda items for Towing ordinance and Napa 0.30 JFK Agreement. 0.80 QEK8 Ravioxvofupdobano:Cvberoheok-CaoeEndUaerAoraommnt;prepaneUon 1.60 HN ofand finalize draft Addendum re: matter. 2.00 GK8S Correspondence and review related toEasement Release; Call bodiscuss FEC lien and related correspondence. 1.20 (JEN1 Review and preparation ofrevision tonotices from park impact fee 1.10 QEK8 workshops; follow-up with staff re: impact fee ordinance draft; review of 0.90 correspondence from Mr. {Jnaaiore: HB235,review ofstatus and respond to same. 0.80 P8H Discussed benefit packages with MDC and reviewed comparable existing packages. 0.30 05/10/2023 MDC review agenda packet for 5-16-23 meeting, approve form of published 05/11/2023 MDC review correspondence oncemetery inquiries, review emailsnnpending matters 0.40 QEyW Review ofOceanfront Beach Park Concessionaire RFP publishing notices. 070 QEM Review mfcorrespondence and draft documents from staff Impact Fees; respond t0staff re: matter. 1.70 JFK research re: fetal burial matters; telephone call with funeral home 1.70 PBH Revised Full and Public Financial Disclosure memorandum. 0.20 05/12/2023 SMS Correspondence and review related toVacation ofEasement; Review and Draft Hold Hnnn|ess/TCEfor improvements onOld Boynton Road. 2.30 873 notice for public hearing Vnordinance k»change permitted uses; nVnfnance with Amanda Radi on re: Live Local Act 1.40 GK88 Review related toVVXEL Easement. 0.30 JFK telephone call with Ellen Smith State Funeral Board; telephone calls with ' Connie Miller, Ken Jones Bureau ofVital Statistics; research; 1.60 HN Review ofemail from Shiloh Toler re: Case: COOC-3023.04.2360. 0.10 QEK8 Review ofdocuments provided bvstaff re: Assignment Agreement From Granite |n|iner. LLC to |n|inerSo|utiunm, LLC - Based on Resolution R22-059-Cunmd|n-P|auePipe Lining; respond tostaff re: matter. 1.10 QEK8 Finalize and transmit draft BenbechAgreement Addendum. 0.90 05/11/2023 MDC review correspondence oncemetery inquiries, review emailsnnpending matters 0.40 QEyW Review ofOceanfront Beach Park Concessionaire RFP publishing notices. 070 QEM Review mfcorrespondence and draft documents from staff Impact Fees; respond t0staff re: matter. 1.70 JFK research re: fetal burial matters; telephone call with funeral home 1.70 PBH Revised Full and Public Financial Disclosure memorandum. 0.20 05/12/2023 SMS Correspondence and review related toVacation ofEasement; Review and Draft Hold Hnnn|ess/TCEfor improvements onOld Boynton Road. 2.30 873 Page: 3 CITY OFBOYNTONBEACH 08/1/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 47995 General Matters :D01111111 -W JFK research re: burial offetal remains; call with Ellen Simon @FL 110 ClEyN Division ofFuneral, Cemetery, and Consumer Services; telephone call with 0.50 C>EK8 Mavee DeJesus; review City's Rules & Regulations re: Cemetery; conference with MDC 2.10 K80C call with Lynn Swanson onpending matters, confer with Julie Klahron 1.00 PBH cemetery matters 0.30 [}EyN Review ofupdate from Benbakre: agreement execution. 0.20 QEK8 Review and evaluation ofGranite Agreement forwarded bystaff. 0.70 PBH Further revised Full and Public Disclosure memorandum. 0.50 05/13/2023 K8[)C attend City Commission strategic planning workshop atCity Hall 8.50 05/15/2023 MDC attend review conference, review correspondence on pending 05116/2023 QEM Reviawandeva|uation ofGIS RFP asrequested by staff; discuss issue matters (procurement inquiries, contract matters) 110 ClEyN Review and discuss towing agenda requirements with Mr. Ciru||o. 0.50 C>EK8 Review ofemail correspondence from Mr. |Qnofo re: Question Submitted hJrCVV23-OO9 - Geographic Information System (G|S)Services. 0.30 SMS Review ofFAU Lease and ILA related to possible termination. 1.00 PBH Discussed Permit -less Carry Memorandum with Sergeant. 0.50 05116/2023 QEM Reviawandeva|uation ofGIS RFP asrequested by staff; discuss issue 05/17/2023 MDC misc follow up from 5-16-23 Commission meeting; confer with Quentin and raised bvbidder with K8r. |gnofho; correspond with K8c |gnofhone: matter. 110 K8OC review omai|sonpending matters, confer with Lynn re: workshops and 0.60 C>EyW scheduling issues; review ordinances re: housing issues; meet with staff on Live Local Act; prepare for and attend City Commission meeting 5.80 ()EK8 Review ofemail correspondence and begin review and edits tolake management contract for the golf course. 1.10 QEK8 Review ofImpact Fee schedule and coordinate matter with staff and Mr. CiruUo. 0.40 GK88 Review Instructor Agreement; Correspondence na|obod to FAU termination; 2.00 C2EK8 Correspondence related hoDeeds for Property. 1.00 (]EK8 Review ofexecuted BentekAgreement; follow-up with staff re: same. 0.30 JFK research re: discrimination policies 0.50 05/17/2023 MDC misc follow up from 5-16-23 Commission meeting; confer with Quentin and 874 review status of impact fee ordinance; review housing ordinances and civil rights ordinances; review and respond to public records request inquiry 0.60 C>EyW Review of correspondence from staff re: impact fees; review of passed bills affecting city ordinances; correspond with staff re: matter. 1.60 C)EKU Finalize review and draft Addendum for lake management contract; transmit b)staff for review. 1.20 8K8S Review ofGrant Agreement and Lease and draft Notice ofTermination of Lease for FAU; Revise Golf Links Agreement and ny|mbad correspondence; Correspondence related toMutual Use ofRecreational Facilities. 2.00 C2EK8 Review and discuss discriminatory hiabzriom| ordinances with Mr. Ciru||o; review ofhistorical documents. 0.80 BJS Review Evidence Destruction Petition and fO||Vw up with Dan Cline Fe: Drug Burn 0.40 JFK telephone call with funeral home; telephone call with Maylee De Jesus re: cemetery concerns 0.60 05/18/2023 JFK correspondence re: interment nffetus otcemetery; 0.30 QEK8 Review and evaluation ofcomments todraft impact fee ordinance, 0.80 874 Poge:4 CITY OFBOYNTONBEACH 08/1/2023 ACCOUNT NO: 306-901821 STATEMENT NO: 47995 General Matters HN Review ofincident reports from the month ofMarch 2U23cf the chronic 3.40 QEK8 nuisance activity at the Cove apartment complex. Review of Section 15-112 todetermine ifthese calls did not fall into anexception. Attendance of monthly chronic nuisance meeting. Email toMDC. 1.30 GK8S Correspondence and review related bzILA with FAU; Correspondence 0.50 BJG related toCRA documents; Review ILA with PBCSO 100 � ClEK8 Review offollow-up from staff re: Sunshine law presentation. 0.40 MDC misocalls with Lynn Swanson, review status ofagenda items for G-7-23 meeting 0.40 05/19/2023 QEK8 Review Vfnotes and coordinate with Kn[ C|[u||o re: purchasing exemptions 0.20 guidelines. 0.70 N1OC Telephone conference call re: fortune telling; conference with City Manager unpending matters; nnioccalls with Lynn Swanson onpending matters 0.70 05/22/2023 MDC review correspondence re: use ofmarina for private business; review correspondence onagenda items; meet with Lynn Swanson edCity Hall; meet with City Manager onpending matters; review agenda items for 6-6-23 meeting 3.50 SMS Review and correspondence related toILA with County; Correspondence related toSports Provider Agreement; Correspondence and research related to administrative dissolution; Correspondence related to Right of First Refusal. 2.50 CLD Finalized and transmitted Petition for Destruction; drafted cover letter hQthe court. DJO 06/23/2023 MDC review emoi|sonpending matters, confer with Quentin Morgan onimpact fee project, roviewogendaitenoofor8-8-23moetng 1.00 QEyW Review ofimpact fee agenda materials and discuss matter with Ms. Swanson; preparation for and meeting with staff re: impact fees; discuss matter with Mr. CiruUo. 2.80 QEK8 Review of|n|inerassignment agenda item and backup; discuss with Mr. Cirullo. 0.60 05/24/2023 K8QC review impact fee study and materials, review agenda items, call with City Manager; review pending matters with Lynn Swanson 3.20 QEM Review and coordinate with staff issues re: park impact fees. 2.10 GK8S Correspondence related toWAP Boat Application; Correspondence and review related torel ' ease oflien; ��ornespnndenceand discussion on requirements for insunanoefor Links Lease. 0.90 BJ8 Review forms, exhibit, and submittals for Evidence Destruction Petition and follow upwith staff 0.60 05/25/2023 MDC review matters re: impact fees, review agenda items; conference with City 875 staff onimpact fees; call re: short term rentals 3.40 QEK8 Work with staff re: parks impact fee item; review of additional materials; provide staff with some additional suggested language; zoom conference with staff re: matter. 3.70 SPWG Review Information and Certificate ofTitle for WAP Grant. 0.50 BJG Review correspondence from Don Cline and follow up re: Drug. Destruction Orders 0.30 CLO Made revisions to Petition for Destruction of contraband, cover letter to the court, transmittal hothe C|h/. 0.80 PBH Conducted legislative research nnbills impacting government spending. 0.20 875 Peoa 5 CITY OFBOYNTONBEACH 06/01/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 47995 General Matters 05/30/2023 MDC review materials for workshops, confer with Quentin Morgan onimpact fee study; Vlisc calls; prepare for and attend impact fee workshop and budget workshop C>EN1 Review and evaluation ofBID - West VVe||fia|dElectrical Upgrades 4578 toapprove request for publishing aoboform. C>EN1 Preparation for and virtually attend impact fee workshop meeting. GK8G Correspondence and review related tomutual use ofpeofacilities. 05/31/2023 QEK8 Review ofprocedural question re: lake management contract for the golf course. MDC misofollow upfrom 5-3O-23workshop, review agenda materials for G -S-23 workshop; review PB8CK8OUand attend call with PBSCcounsel QEyW Review ofcorrespondence re: sunshine law presentation scheduling and materials. GyWS Correspondence and review related buILA for Recreation. PBH Conducted legislative research oMHB1417.Composed email t0MDC regarding status of HB 1417. Conducted legal review ofState's preemption ofCity's Tenants Bill ofRights. FOR CURRENT SERVICES RENDERED Color photocopies Photocopies TOTAL CURRENT WORK BALANCE DUE 6.80 1.80 2.50 0.30 0.40 1.20 0.40 0.20 0.80 125.50 21.033.50 21,033.50 $21l�33.5O 876 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Litigation Miscellaneous 05/01/2023 MDC call with Lynn Swanson re: service of process BBPD ACCOUNT NO: STATEMENT NO: 05/17/2023 MDC Telephone conference call Tennille DeCoste and review correspondence re: discovery requests in Beecher case FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 0.50 $225.00 TOTAL CURRENT WORK BALANCE DUE AP( Page: 1 06/01/2023 306-9904950 47997 HOURS 0.20 0.30 0.50 112.50 TOTAL $112.50 112.50 $112.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 877 GOREN.CHEROF.00ODY&EZROLP�. Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45UO CITY OFBOYNTONBEACH 1OOEOcean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Town Square Development 05/03/2023 MDC record Development Agreement, and parking easements odWPB mourthouse;misc telephone calls re: parking agreements 05/03/2023 W1OC calls with Mark Lynn and Kathryn RunsmeU re: status of recording of documents 05J15/2023 K8[}C review additional signature pages and review Parking Lease Agreements for recording purposes 05/18/2823 N1OC record Garage Lease Agreements otcourthouse re: time equity development, confer with Lynn onfiling and distributing recorded documents FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Ciru||o 4.80 $225.00 TOTAL CURRENT WORK Al WAJ j[Sj:A 11110 Page: 1 0601/2023 806'9905263 47999 HOURS 2.30 0.40 0.30 1.80 4.80 1.080.00 ,TOTAL, $1'O8O.00 1,080.00 $1,080.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE - 878 GOREN.CHERJF.00OOY&EZROLP,� Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO CITY OFBOYNTONBEACH 1OOE.Ocean Avenue Boynton Beach FL 33435STATEMENT NO: Attn: Lynn Swanson Mangrove Park - Lease from St. Mark's ACCOUNT NO: 05/02/2023 GK85 Correspondence related toExchange Agreement. 05/04/3023 GK8G Review ofcorrespondence and prior agreements related toremoval of boardwalk. 05/17/2023 8K8S Cmkg to discuss exchange agreement with staff and counsel for the Church; Review ofrelated materials on removal. 05/22/2023 GK8S Correspondence and discussion on improvements. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS Sean K8.Swartz 1.30 $225.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 D6/O/2O23 306-9905412 48000 HOURS 0.20 0.30 0.50 0.30 1.30 293.50 TOTAL $292.50 292.50 *282.5O AMDUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 879 GOREN.CHEROF.DOOOY&EZROLP,A. Attorneys at Law 3O99East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (054)771-45DO CITY OFBOYNPONBEACH 100 E. Ocean Avenue Boynton Beach FIL 33435 Attn:,Lynn Swanson v. Ho, Benjamin and Karen(Code/Foreclosure) 05/11/3033 HN Review ofmemo tocity closing case file. FOR CURRENT SERVICES RENDERED TIMEKEEPER HmatherNaodo|mnan TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 HOURS 0.20 0.20 TOTAL TDTAL $45.00 Page: 1 OO/D1/2O23 306-9905433 48002 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905456 Boynton Beach FL 33435 STATEMENT NO: 48004 Attn: Lynn Swanson adv. Priority Towing Color photocopies Photocopies TOTAL CURRENT WORK 220.00 BALANCE DUE A6 $220.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 881 HOURS 05/03/2023 AGL. Prepare Motion to specially set Motion for Summary Judgment hearing 0.50 05/19/2023 AGIL Review series of emails from Judicial assistant regarding scheduling a special set hearing on CIty's Motion for Summary Judgment; review court order scheduling special set hearing 0.20 CLD Drafted/finalized/filed Notice of Cancelation of Hearing. 0.50 FOR CURRENT SERVICES RENDERED 1.20 220.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Cynthia L. Dunn 0.60 $125.00 $62.50 Adam G. Levine 0.70 225.00 157.50 Color photocopies Photocopies TOTAL CURRENT WORK 220.00 BALANCE DUE A6 $220.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 881 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Landfill Closure ACCOUNT NO: STATEMENT NO: 05/31/2023 MDC review correspondence and draft closure notice from Tim Perry and follow up FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 0.30 $225.00 BALANCE DUE ,Alj( Page: 1 06/01/2023 306-9905475 48005 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 882 GOREN, CHEROF, .DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) TOTAL CURRENT WORK BALANCE DUE Aik AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/01/2023 306-9905525 48007 405.00 $405.00 883 HOURS 05/01/2023 MDC review process for payment of City E21- legal fees through settlement agreement 0.20 05/03/2023 MDC review process for reimbursement of E2L legal fees under Settlement Agreement, call with finance director, correspond with JKM counsel 0.60 05/19/2023 MDC review settlement agreement, prepare form of Incentive Payment Notice for E21- fees and costs 0.40 05/24/2023 MDC review Incentive Payment Notice and backup to send to JKM per settlement agreement 0.30 05/31/2023 MDC finalize and forward Incentive Payment Notice to JKM per settlement agreement 0.30 FOR CURRENT SERVICES RENDERED 1.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 1.80 $225.00 $405.00 TOTAL CURRENT WORK BALANCE DUE Aik AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/01/2023 306-9905525 48007 405.00 $405.00 883 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) ACCOUNT NO STATEMENT NO 05/11/2023 HN Edits to memo to the City relating to closing case file. 05/16/2023 HN Email exchange with David Miller (insurance) as to the status of the case FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Heather Needelman 0.40 $225.00 BALANCE DUE /M"' Ul & HOURS 0.20 0.20 0.40 TOTAL $90.00 Page: 1 06/01/2023 306-9965567 48008 9W4 $90.00 884 _ GOREN.CHEROFO0OOY&EZROLP/A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderde|e, Florida 33308 Telephone (954) 771-4508 CITY OFBOYNTONBEACH 1UOE.Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Wells Landing ARPAGrant Agreement HOURS 05/0/2023 SMS Correspondence on ILA. 0.10 05/02/2023 8K88 Review ufcorrespondence ontimeline and attendance. 0.10 05/05/2023 SK88 Correspondence, calls, and review related toAgenda item for ILA and Lease Agreement. 0.70 05/08/2023 SMS Review Ufdrafted Agreements and Resolutions. 0.30 05/10/2023 GK8@ Correspondence related toLease and ILA with CRA. 0.20 FOR CURRENT SERVICES RENDERED 1.40 RECAPITULATION ' TIMEKEEPER HOURS HOUR 'LY 'RATE TOTAL Sean M. Swartz 1.40 $�25.00 $315.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 D8/O1/2O23 306-9905804 48011 315.00 315.00 GOREN.CHEROF.00OOY&EZROLP�. Attorneys at Law ' 3OSBEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO CITY OFBOYNTDNBEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO: STATEMENT NO: adv. Deutsche Bank (Michele Dimon a/k/aMichele Provata) 05/24/2023 HN Review offiled notice ofvoluntary dismissal and final disposition form. FOR CURRENT SERVICES RENDERED Heathe[Neede|man RECAPITULATION HOURS HOURLY -RATE 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE A4& - Ly, [0111124 67.50 GOREN.CHEROF.DOOOY&EZR{]L.P�� Attorneys at Law 30H9East Commercial Boulevard suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771 -45O0 CITY OF BOYNTON BEACH 1OOE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. HSBC Bank (Telamore, Jacqueline) ACCOUNT NO: STATEMENT NO: 05/01/2023 HN Attended case management conference. 05V17/2023 HN Review of status of case and VfPlaintiffs motion toallow bank representative hoappear onzoom. Review ofnotice mfhearing. 05/23/2023 HN Review ofstatus ofcase and ofnotice ofdropping parties. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE HeotherNoode|man 1.40 $225.00 BALANCE DUE Ak PoOe:1 06011202 308-9905846 48014 HOURS 0.80 0.30 0.30 1.40 315.00 TOTAL $315.00 315.00 $315.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 887 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. FDOT - Parcel 117 L%11 F.1111 MAJIM0110 L1161 05/22/2023 MDC review FDOT documents and draft of agenda item; confer with Kerry Ezrol on status of eminent domain and potential sale in lieu of condemnation KLE Conference with Mike Cirullo re: status of matters (and 9905649), review Agenda documents re: FDOT voluntary purchase 05/25/2023 SMS Review of PSA and resolution and related correspondence. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Kerry L. Ezrol 0.70 $225.00 Michael D. Cirullo 0.40 225.00 Sean M. Swartz 0.80 225.00 BALANCE DUE IAC HOURS C - HOURS 0.40 0.70 0.80 1.90 90.00 180.00 Page: 1 06/01/2023 306-9905648 48015 427.50 427.50 $427.50 M-1 GOREN.CHEROF.00ODY&FZROLP�� Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-4SOO CITY OFBOYNTONBEACH 1OOEOcean Avenue Boynton Beach FIL 33435 Attn: Lynn Swanson adv. FDOT - Parcel 704 ACCOUNT NO STATEMENT NO 05/32/3023 MDC confer with Kerry Ezn) onsale ofparcel inlieu ofcondemnation, review FDOTdocumentmUon FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael O.CiruUo 0.40 $225.00 TOTAL CURRENT WORK 1360a 9111:4 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 OO/O1/2U23 306-9905849 48016 HOURS 0.40 0.40 90.00 TOTAL $90.00 90.00 $90.00 GOREN.CHEROF.00OOY&EZROLP�. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (854)771-45OO CITY [)FBOYNTONBEACH 1OOEOcean Avenue ACCOUNT NO: Boynton Beach FIL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Torocsik, Peter (Public Records/Civil Rights Action) HOURS 05/08/2023 {2EK8 Review ofcorrespondence from Mr. Tonoomikre: issue otgolf club; follow-up with staff re: matter; telephone conference with K8c Hochman and Mr. OugQerre: matter. 1.30 K8QC review correspondence, confer with Quentin Morgan and call with City Manager re: status of compliance with settlement agreement 0.30 OEK8 Review and further discuss BontekAgreement with Mr. |gnVfhn;begin work onAddendum for Agreement. 1.90 05/15/2023 K8OC confer with City Manager and special counsel onstatus ofsettlement, vacating cfcity property 040 C]EKO Review and discuss matter with K8[ Hochman, K8[ [)UggeraDd KA[ Ci[uUo; begin review of questions raised during discussion. 1 60 05/18/2023 QEM Review ofcorrespondence from McH�hmnnnzin��n��uo�m� follow-up with Mr. {�iru(|o. - 0.30 05/22/2023 (]EK8 Review Vfstatus correspondence re: cease offacility use. 0.30 FOR CURRENT SERVICES RENDERED 8.10 RECAPITULATION TIMEKEEPER HOURS HPURLY-RATE TOTAL Michael D.QruUV 070 $225.00 $157.50 Quentin E. Morgan 5.40 225�00 1.215.00 TOTAL CURRENT WORK AX Page: 1 O8/O1/2O23 306-8905658 48018 /.5/z.uu 1,372.50 $1,372.50 890 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Sale to Nicholas P. Malinsoky - SE 21st Avenue, Boynton Beach, FL 33435 05/15/2023 SMS Correspondence related to finalizing the Closing Docs for recording. FOR CURRENT SERVICES RENDERED ACCOUNT NO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Sean M. Swartz 0.30 $225.00 TOTAL CURRENT WORK 17-11As1i,Cyd4Il1� Ak AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.30 TOTAL $67.50 Page: 1 06/01/2023 306-9905658 48019 CiA7r1 891 GOREN.CHEROF'DOOOY&EZROLP,4 ~ Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (S54)771-45OO / CITY OF BOYNTON BEACH 1O0E.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. State ofFlorida (|rachePartners, LLC) ACCOUNT NO: STATEMENT NO: 05/02/2023 KLE Review BBconformity review; telephone call with Craig Nenaipp;email to Lynn Swanson sda| 05/19/3023 KLE Review Order ofDisbursement 05/22/2023 KLE Email toLynn Swanson and others re: Order ofTaking and transfer oftitle based upon deposit into court registry, review docket FOR CURRENT SERVICES RENDERED RECAPITULATION ' TI M E KEEPER H"O UR.S. HOURLY Kerry L.Ezro| 1.20 $225.00 TOTAL CURRENT WORK BALANCE DUE / AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE WQ TOTAL Page:1 0601/2O23 306'9805874 48020 $270.00 GOREN.CHEROF,D0ODY&EZROLP�� Attorneys at Law 3088 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (B54)771-4bUU CITY OF BDYNTQNBEACH 1OOE.Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. 209 N. Federal, LLC (Petition for Writ) HOURS 05/01/2023 MDC review City Code re: abandonment; review documents inappendix; misc research for issues inappeal 0.90 05/02/2023 K8OC Prepare response toOrder hoShow Cause 1.00 05/05/2023 K8[]C continue preparing Response tVOrder bJShow Cause 3.80 05/06/2023 K80C continue preparing Response bzOrder toShow Cause 2.10 05/07/2023 K8OC continue preparing Response bzOrder toShow Cause 4.70 05/08/2023 K80C continue preparing Response hoOrder hoShow Cause 0.80 05/09/2023 yWOC continue preparing Response toOrder toShow Cause 0.80 05K10/2023 MDC continue preparing Response hJOrder bJShow Cause 0.40 05/11/2033 yWOC continue preparing Response toOrder toShow Cause 4.10 05/12/2023 MDC continue preparing Response tVOrder boShow Cause 2./0 05/15/2023 MDC continued revisions ofResponse toCertiorari 0.80 05V16/2023 MDC continue preparing Response tVOrder toShow Cause 2.20 05/17/2023 MDC continue preparing Response hnOrder toShow Cause 1.60 05/18/2023 MDC confirm status of filing of Response to Petition, review schedule for Reply Brief deadlines 0.30 FOR CURRENT SERVICES RENDERED 25.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Ciru||o 25.70 $225.00 $5.783.50 TOTAL CURRENT WORK BALANCE DUE Paoe:1 0601/2023 306-0905891 48023 5.782.5O 5,782.50 $5,782.50 893 CITY {JFBOYNTONBEACH 06/1/2023 ACCOUNT NO: 306-990581 STATEMENT NO: 48023 adv. 209 N. Federal, LLC (Petition for Writ) AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE GDREN.CHEROF.00ODY&EZROLP�� Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (Lamar Nixon) ACCOUNT NO: STATEMENT NO: 05/18/2023 HN Review ofcomplaint, the City's 2liens, and drafted answer and affirmative defenses. 05/22/2023 K8OC review complaint and draft ofAnswer and Affirmative Defenses FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE K8iohoe| O. Ciru||o 020 $225.00 HeatherNeede|man 1.30 225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE -_-- Page: 1 0601/202B 306-9005686 48024 270.00 315.00 895 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. I -Home Mortgage Trust (Design ByStephanieo LLC)(Stephanie Olszewski) ACCOUNT NO: STATEMENT NO: 05/18/2023 HN Review of complaint and of the City's lien. Drafted Answer and Affirmative Defenses. 05/22/2023 MDC review complaint; review and revise City Answer and Affirmative Defenses FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 0.30 $225.00 Heather Needelman 1.20 225.00 TOTAL CURRENT WORK BALANCE DUE A4 - AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.20 0.30 1.50 270.00 Page: 1 06/01/2023 306-9905697 48025 337.50 337.50 $337.50 J O N E S F O S T E R P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 561 659 3000 T jonesfoster.com City of Boynton Beach c/o Michael D. Cirullo, Jr. 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC REMITTANCE Tax I.D. 59-1292566 May 31, 2023 Invoice No. 270626 File No. 29049.00002 TJB COPY TOTALS FOR THIS STATEMENT RATE/HR. HOURS THOMAS J. BAIRD 350.00 0.20 TOTAL FEES THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE AMOUNT $70.00 $70.00 $70.00 $0.00 $70.00 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER THE PREPARATION OF THIS INVOICE WILL NOT BE REFLECTED. IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU DUE UPON RECEIPT 897 J O N E S F O S T E R P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Tax I.D. 59-1292566 561 659 3000 T jonesfoster.com May 31, 2023 City of Boynton Beach Invoice No. 270626 c/o Michael D. Cirullo, Jr. File No. 29049.00002 TJB 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC TOTALS FOR THIS STATEMENT THOMAS J. BAIRD TOTAL FEES THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE RATE/HR. HOURS AMOUNT 350.00 0.20 $70.00 $70.00 $70.00 $0.00 $70.00 898 J O N E S F O S T E R City of Boynton Beach City of Boynton Beach v. JKM BTS Capital LLC FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES 05/03/23 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY CIRULLO REGARDING REIMBURSEMENT OF THE CITY FROM THE E21- DEFENSE; TELEPHONE CONFERENCE WITH JMO TOTAL HOURS May 31, 2023 Invoice No. 270626 File No. 29049.00002 Page 2 HOURS 0.20 0.20 AMOUNT 70.00 899 OLDS & STEPHENS, P.A. 312 Eleventh Street P. O. Box 4523 West Palm Beach, FL 33401 Invoice submitted to: Tennille DeCoste Human Resources and Risk Management 100 East Ocean Avenue Boynton Beach, FL 33435 June 01, 2023 In Reference To: Client/Insured Claimant: Claim No.: Date/Loss: Invoice # 10281 Boynton Beach Smith TAXPAYER I.D. NO.: 65-0385869 Professional Services diff Hrs/Rate Amount 5/8/2023 DS Receipt, review, and analysis of Order on Joint 0.50 125.00 Motion to Dismiss 250.00/hr 5/10/2023 DS Provided status update to client and adjuster 0.20 50.00 250.00/hr 5/23/2023 DS Reviewed and analyzed Fourth Amendment 1.60 400.00 Search and Seizure case law in preparation for 250.00/hr answering Amended Complaint DS Review and analysis of Section 1983 case law in 1.20 300.00 preparation for answering Amended Complaint 250.00/hr 5/26/2023 DS Worked on Answer and Affirmative Defenses 1.40 350.00 250.00/hr 5/29/2023 DS Reviewed email from Plaintiffs counsel re: 0.20 50.00 possible negotiations and forwarded same to client 250.00/hr requesting his position on same diff Tennille DeCoste 5/29/2023 DS Worked on trial strategy, including trial theme 5/30/2023 DS Receipt and review of email from client re: settlement negotiation request from Plaintiffs counsel DS Finalized Answer and Affirmative Defenses to Amended Complaint DS Receipt and review of Shaun James' Answer and Affirmative Defenses For professional services rendered Previous balance 5/1/2023 Payment - thank you. Check No. #10250 5/31/2023 Payment - thank you. Check No. #10261 Total payments and adjustments Balance due User Summary Name DON STEPHENS H rs/Rate 1.50 250.00/hr 0.10 250.00/hr 0.30 250.00/hr 0.30 250.00/hr 7.30 Hours Rate 7.30 250.00 Page 2 Amount 375.00 25.00 75.00 75.00 .p I,OLJ.VV $10,300.00 ($3,075.00) ($7,225.00) ($10,300.00) $1,825.00 Amount 901 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 June 08, 2023 Billed Through 05/31/2023 Invoice 75032 / MTB 00281 42164 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Joseph Smith vs. Boynton Beach, Shaun James, Mark Sohn, Andrew Berben and Cory Henry (Tristar Claim No. 22891271 and PGCS Claim No. 394052) FOR PROFESSIONAL SERVICES RENDERED: 05/08/2023 MTB Receipt and review of Amended Order grantingin part and denying in 0.60 part Motion to Dismiss 05/08/2023 SDA Review caselaw and authoritites cited by Court in Order 0.70 05/12/2023 SDA Review and exchange 9 emails with co -defense counsel regarding 0.90 amendment of pleading, effect on trial setting, and, finalizing defense plan 05/18/2023 SDA Review plaintiffs deposition testimony in order to arrive at issues to 1.20 raise via Motions in Limine 05/18/2023 SDA Research regarding cases in which speculation of planting evidence was 0.90 excluded as unduly prejudicial 05/26/2023 MTB Receipt and review of email correspondence from Plaintiff Attorney 0.10 from Nicole Sauvola-Lamay 05/30/2023 MTB Receipt and review of James' Answer 0.20 05/31/2023 MTB Receipt and review of Defendant Corey Henry's Answer and Affirmative 0.40 Defenses Total Professional Services: $1,125.00 Burke, Michael T. 1.30 225.00 $292.50 Alexander, Scott D 3.70 225.00 $832.50 DISBURSEMENTS 0513112023 Printing and Imaging Services 22.05 902 0513112023 PACER Research 0513112023 WestLaw Research Summary: Invoice Number 75032 Page 2 4.30 268.00 Total Expenses Advanced: Total professional services $1,125.00 Total expenses incurred +$294.35 Total Amount Billed $1,419.35 Less Pre -Paid Applied $0.00 Please Pay this Amount $1,419.35 $294.35 903 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 June 14, 2023 Billed Through 05/31/2023 Invoice 75164 / JLH 00281 42094 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Ultimate Bakery and Pastry, Inc. vs. City of Boynton Beach (22879963) FOR PROFESSIONAL SERVICES RENDERED: 05/08/2023 JLH Review letter from Quentin Morgan regarding claim of trespassing 0.40 issued by Peter Torocsik review email issued by Peter Torocsik 05/08/2023 JLH Telephone conference with Quentin Morgan regarding follow-up and 0.30 litigation strategy 05/15/2023 JLH Preparation for and attendance at conference call with City manager; 1.00 memo to file regarding affidavit supporting motion to compel settlement and anticipatory breach of settlement agreement by Plaintiff 05/19/2023 JLH Letter to City attorney regarding status of Plaintiffs occupancy and 0.10 potential breach of settlement agreement 05/22/2023 JLH Review letter from Michael Cirullo regarding delay in transmittal of 0.10 update on Plaintiffs settlement compliance 05/24/2023 JLH Telephone conference with City attorney regarding potential voluntary 0.30 departure of Plaintiff without need for motion practice; prepare memo to file Total Professional Services: $495.00 Hochman, J L 2.20 225.00 $495.00 DISBURSEMENTS 0513112023 Printing and Imaging Services Total Expenses Advanced: Summary: 2.80 $2.80 904 Total professional services Total expenses incurred Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 75164 $495.00 +$2.80 $497.80 $0.00 $497.80 Page 2 905 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach June 15, 2023 Attn: claims@bbfl.us Bill No. 74327 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Tennille DeCoste BILL FOR FEES AND COSTS THROUGH 05/31/23 PROFESSIONAL SERVICES Date Services Attorney Hours 05/04/23 Preparation of Joint Stipulation for the parties to appear via SHP 1.20 Zoom for Mediation. 05/05/23 Review litigation file including pleadings, motions, items of LHR 1.00 correspondence to date, medical records to date, and other relevant file material in advance of pre -mediation evaluation for claims adjuter, Ms. Decoste, per guidelines. 05/05/23 Preparation of proposed Agreed Order approving the Joint SHP 0.50 Stipulation to Appear via Zoom for Mediation. 05/06/23 Preparation of initial preparation of detailed and extensive LHR 4.90 pre -mediation evaluation for claims adjuster, Ms. DeCoste, per guidelines and to ensure full protection of client interests at the upcoming mediation. 05/07/23 Preparation of revisions to Pre -Mediation Evaluation. LHR 1.10 05/08/23 Preparation of Defendant Zeller's Certification of Authority for LHR 0.30 Mediation pursuant to the Florida Rules. 05/08/23 Correspondence to claims adjuster, Ms. DeCoste, re: LHR 0.30 pre -mediation evaluation per guidelines and to ensure full protection of client interests at the upcoming mediation. 05/09/23 Review litigation file including pleadings, discovery to date, LHR 1.00 court orders to date, motions, and other relevant items in advance of preparing confidential summary of the case for the mediator, Lisa Adelson, in advance of the upcoming mediation. 05/09/23 Receipt and review of Plaintiffs counsel, Chuck Eiss, re: no SHP 0.30 objection to proposed Joint Agreed Stipulation and proposed Order Approving Joint Agreed Stipulation. 906 Client: City of Boynton Beach June 15, 2023 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 05/09/23 Preparation of e-mail to Plaintiffs counsel, Chuck Eiss, re: SHP 0.30 proposed Joint Agreed Stipulation to appear via Zoom for mediation and proposed Order Approving Joint Agreed Stipulation. 05/10/23 Correspondence to Mediator Lisa Adelson providing LHR 3.80 Defendant's extensive and lengthy confidential summary of the case in advance of the upcoming mediation and to ensure full protection of client intersts at the time of same. 05/10/23 Receipt and review of e-mail from Mediator Ms. Adelson, re: LHR 0.30 acknowledging Defendant's onfidential summary of the case in advance of the upcoming mediation. 05/11/23 Preparation of e-mail to Plaintiffs counsel Charles Eiss LHR 0.20 regarding the letter to Judge Oftedal on the Proposed agreed order approving the Joint agreed Stipulation. 05/12/23 Receipt and review of Court's executed Order Approving Joint LHR 0.20 Agreed Stipulation to Attend Mediation via Zoom. 05/16/23 Telephone conference with Tristar Claims Rep. David West re: LHR 0.30 upcoming Mediation. 05/17/23 Preparation for upcoming Mediation. LHR 1.20 05/18/23 Telephone conference with City Rep. Tennille DeCosta re: LHR 0.30 upcoming Mediation. 05/18/23 Second telephone conference with City Rep. Tennille DeCosta LHR 0.30 re: upcoming Mediation. 05/18/23 Telephone conference with Morgan Chaloupka, City Risk LHR 0.30 Analyst, re: upcoming Mediation and discussions concerning same. 05/18/23 Second telephone conference with Morgan Chaloupka, City LHR 0.20 Risk Analyst, re: upcoming Mediation and authority concerning same. 05/18/23 Telephone conference with Asst. Chief Matthew Zeller re: LHR 0.30 upcoming Mediation. 05/19/23 Attendance at Mediation before Mediator Lori Adelson via LHR 3.90 Zoom, with Plaintiffs' counsel Chuck Eiss, Plaintiffs Sanford and Meredith Geraci, Defendant Chief Matthew Zeller, HR/Risk Management Reps. Tennille DeCoste and Morgan Chaloupka. 05/23/23 Preparation of e-mail to City Risk Manager Tennille DeCoste re: LHR 0.60 outcome of Mediation. 05/24/23 Receipt and review of Mediation Report. LHR 0.20 907 Client: City of Boynton Beach Matter: 19132 - Geraci v. Zeller 160.00 PROFESSIONAL SERVICES SUMMARY Code Name Hours LHR Lyman H. Reynolds, Jr., Partner 20.70 SUP S H Pt hA ' t 2 30 ara . ac i , ssocia e Total Professional Services 23.00 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: June 15, 2023 Page 3 Rate Amount 185.00 3,829.50 160.00 368.00 $ 4,197.50 684.50 -0.00 $ 4,882.00 908 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 74327 Bill Date: June 15, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 4,197.50 0.00 $ 4,197.50 684.50 -0.00 $ 4,882.00 684.50 $4,882.00 909 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach June 15, 2023 Attn: Richard Ignaffo Bill No. 74328 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Beecher v. Felix, Neossaint & City of Boynton Beach 22731 Tristar #21870336 BILL FOR FEES AND COSTS THROUGH 05/31/23 PROFESSIONAL SERVICES Date Services Attorney Hours 05/03/23 Receipt and review of email from TriStar Claims Examiner, LHR 0.20 Diana Taylor, re: acknowledging our litigation updated and providing a copy of the third -party administrator agreement. 05/03/23 Receipt and review of Third Party Claims Administrator LHR 0.20 Agreement, forwarded to our attention by Diana Taylor of TriStar. 05/05/23 Preparation of e-mail to Plaintiffs counsel Levine and LHR 0.20 Co -Defendant Neossaint's counsel Penalta re: deposition of Plaintiff Julie Beecher. 05/10/23 Preparation of e-mail to Plaintiffs counsel Levine and LHR 0.20 Co -Defendant's counsel Penalta re: deposition of Plaintiff Julie Beecher. 05/12/23 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Penalta re: deposition of Plaintiff Julie Beecher. 05/13/23 Review litigation file including pleadings, motions, items of SHP 1.00 correspondence to date as well as Plaintiffs Answers to Interrogatories and Responses to Request to Produce in advance of preparing the City's Motion to Strike Plaintiffs Claims for Loss of Earnings in the Past and the Future. 05/14/23 Research relevant case law and statutory authority to raise and SHP 0.60 assert within the City's Motion to Strike Plaintiffs Claims for Loss of Earnings in the Past and the Future. 05/15/23 Preparation of e-mail to Plaintiffs counsel Levine re: deposition LHR 0.20 of Plaintiff Julie Beecher. 05/15/23 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Levine re: deposition of Plaintiff Julie Beecher. 05/15/23 Receipt and review of second e-mail from Plaintiff's counsel LHR 0.20 Levine re: deposition of Defendant Fern Neossaint. 910 Client: City of Boynton Beach June 15, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 05/15/23 Preparation of second email to Plaintiffs counsel Levine re: LHR 0.20 advising we are counsel for City, not Defendant Fern Neossaint. 05/15/23 Receipt and review of third email from Plaintiffs counsel Levine LHR 0.20 re: depositions of City Employees Richard Ignoffo, Ben Dexter, Gail Mootz, and Warren Bazemore. 05/15/23 Preparation of third email to Plaintiff's counsel Levine re: LHR 0.20 depositions of City Employees Richard Ignoffo, Ben Dexter, Gail Mootz, and Warren Bazemore. 05/15/23 Preparation of the City's Motion to Strike Plaintiff's Claims for SHP 1.10 Loss of Earnings in the Past and the Future. 05/15/23 Receipt and review of fourth email from Plaintiffs counsel LHR 0.10 Levine re: depositions of City Reps. Richard Ignoffo, Ben Dexter, Gail Mootz, and Warren Bazemore. 05/16/23 Preparation of Notice of Taking Deposition of Plaintiff Julie LHR 0.20 Beecher. 05/16/23 Correspondence to City Risk Manager Richard Ignoffo re: LHR 0.20 depositions of himself, Ben Dexter, Gail Mootz, and Warren Bazemore. 05/16/23 Preparation of proposed Agreed Order Granting the City's SHP 0.40 Motion to Strike Plaintiffs Claims for Loss of Earnings in the Past and the Future. 05/16/23 Receipt and review of e-mail from City Risk Analyst Morgan LHR 0.20 Chaloupka re: advising City employees Ben Dexter, Gail Mootz, and Warren Bazemore to contact our office directing concerning their depositions in case. 05/16/23 Receipt and review of e-mail from City Legal Services LHR 0.10 Administrator Lynn Swanson re: advising Frankie Hucheson no longer with Goren Cherof and do not need to copy going forward. 05/17/23 Preparation of e-mail to Co -Defendant's counsel, C. Richard SHP 0.30 Penalta, re: telephone conference availability to discuss case and defense issues. 05/17/23 Extensive telephone conference with Richard Ignoffo, the Risk SHP 0.30 Manager for City, advising he is leaving his position with the City and answering his inquiries as to the status of litigation and his involvement post -employment with the City. 05/17/23 Receipt and review of Courts executed Agreed Order on LHR 0.10 Plaintiffs Objections to Defendant's Request for Medical Examination of Plaintiff, Julie Beecher 05/19/23 Preparation of e-mail to Plaintiffs counsel, Glen Levine, re: SHP 0.30 proposed Agreed Order and City's Motion to Strike Plaintiffs Wage Claims to try and come to an agreement without the necessity of a hearing. 911 Client: City of Boynton Beach June 15, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 05/19/23 Telephone conference with City Attorney Mike Cirullo re: LHR 0.30 SHP Sara H. Ptachik, Associate potential issues with regard to necessary testimony from former 160.00 832.00 Total Professional Services Risk Manager Richard Ignoffo as he has left the City. $1,664.50 05/22/23 Receipt and review of e-mail from City Risk Analyst Morgan LHR 0.20 Chaloupka re: contact information for City employees Ben Dexter, Gail Mootz, and Warren Bazemore. 05/23/23 Telephone conference with City Maintenance Employee Gail LHR 0.30 Mootz re: her deposition and answering her questions concerning same. 05/23/23 Preparation of e-mail to Plaintiffs counsel, Glen Levine, re: SHP 0.30 following uup on the proposed Agreed Order on The City's Motion to Strike Plaintiffs Claims for Lost Wages and Loss of Ability to Earn Money in the Future and The City's Motion to Strike Plaintiffs Claims for Lost Wages and Loss of Ability to Earn Money in the Future to try and resolve the matter without the necessity of a hearing. 05/24/23 Preparation of finalizing the City's Motion to Strike Plaintiff's SHP 0.30 Claims for Lost Wages and Loss of Ability to Earn Money in the Future to be filed with the Court and set for hearing due to Plaintiffs failure to respond. 05/25/23 Preparation of e-mail to Plaintiffs counsel, Glen Levine and SHP 0.30 Co -Defendant' counsel, C. Richard Penalta re: UMC Hearing on The City's Motion to Strike Plaintiffs Claims for Lost Wages and Loss of Ability to Earn Money in The Future. 05/26/23 Receipt and review of e-mail from Plaintiffs counsel Levine re: LHR 0.30 depositions of Fern Neossaint, Richard Ignoffo, Ben Dexter, Gail Mootz, Warren Bazemore, and Sammie Gillion. 05/26/23 Preparation of email response to Plaintiffs counsel Levine re: LHR 0.30 depositions of Fern Neossaint and Sammie Gillion, status of depositions of Ben Dexter, Gail Mootz, and Warren Bazemore, and advising Richard Ignoffo is no longer employed by the City and will need to be subpoenaed for his deposition. 05/31/23 Receipt and review of e-mail from Plaintiffs counsel, Glen SHP 0.30 Levine, re: requesting a UMC Hearing on The City's Motion to Strike Plaintiffs Claims for Lost Wages and Loss of Ability to Earn Money in The Future. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 4.50 185.00 832.50 SHP Sara H. Ptachik, Associate 5.20 160.00 832.00 Total Professional Services 9.70 $1,664.50 912 Client: City of Boynton Beach June 15, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 4 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: $ 1,664.50 1,694.50 -1,694.50 $ 1,664.50 913 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 74328 Bill Date: June 15, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22731 Matter Name: Beecher v. Felix, Neossaint & City of Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 1,664.50 0.00 $ 1,664.50 1,694.50 -1,694.50 $ 1,664.50 0.00 $1,664.50 914 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 June 23, 2023 Billed Through 05/31/2023 Invoice 75251 / EBJ 00281 43019 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Natalie Flake vs. City of Boynton Beach (Tristar Claim No. 20818346) FOR PROFESSIONAL SERVICES RENDERED: 05/01/2023 CJS Review file and prepare for attorney/client executive session with City 2.50 Commission 05/01/2023 CJS Review correspondence from Michael Cirullo, Esq., regarding 0.20 attorney/client executive session 05/01/2023 CJS Prepare correspondence to Michael Cirullo, Esq., regarding 0.20 attorney/client executive session 05/01/2023 CJS Review second correspondence from Michael Cirullo, Esq., regarding 0.20 attorney/client executive session 05/01/2023 CJS Prepare second correspondence to Michael Cirullo, Esq., regarding 0.20 attorney/client executive session 05/01/2023 CJS Review correspondence from Ryan Wechsler, Esq., regarding setting of 0.20 trial 05/01/2023 CJS Prepare correspondence to Diana Taylor, Donna Cruz, Richard Ignoffo 0.20 and Morgan Chalupka regarding setting of trial on May 3 05/01/2023 CJS Review correspondence from Diana Taylor regarding setting of trial on 0.20 May 3 05/01/2023 CJS Review correspondence from Richard Ignoffo regarding setting of trial 0.20 and excess carrier authority 05/01/2023 CJS Review correspondence from Monique Harris, Judicial Assistant, 0.20 regarding matter being placed as number one on the trial docket 05/01/2023 CJS Review correspondence from Ryan Fogg, Esq., regarding matter being 0.20 placed as number one on the trial docket 915 05/01/2023 CJS 05/01/2023 CJS 05/01/2023 CJS 05/01/2023 CJS 05/02/2023 WHJ 05/02/2023 CJS 05/02/2023 CJS 05/02/2023 CJS 05/02/2023 CJS 05/02/2023 CJS 05/02/2023 CJS 05/02/2023 CJS 05/02/2023 CJS 05/03/2023 CJS 05/03/2023 CJS 05/03/2023 CJS 05/03/2023 CJS 05/03/2023 CJS 05/04/2023 CJS 05/04/2023 CJS 05/04/2023 CJS 05/05/2023 WHJ 05/05/2023 WHJ 05/05/2023 MCN Invoice Number 75251 Page 2 Prepare correspondence to clients regarding order setting this matter for trial on May 30, 2023, at 10:00 am Review correspondence from Richard Ignoffo regarding court's order setting this matter for trial on May 30, 2023, at 10:00 am Review Court's Order Setting Trial for May 30, 2023 Review Notice of Unavailability filed by counsel for Plaintiff Analyze jury instructions to be used in trial to determine if supplementation is needed of standard instructions Telephone conference with Mike Cirullo, Esq., regarding today's executive session Review correspondence from Donna Cruz regarding status of obtaining additional authority Review correspondence from Richard Tgnoff regarding status of obtaining additional authority Continued preparation for and attend attorney/client executive session in Boynton Beach with City Commission Review Plaintiffs Subpoena for Trial to Dr. Evan Packer Review Plaintiffs Subpoena for Trial to Officer Chris Schalk Review Plaintiffs Subpoena for Trial to Community Service Aide T. Aris Prepare Notice of Trial Conflict Review correspondence from Plaintiffs counsel regarding Dr. Packer's updated records Review correspondence from Donna Cruz regarding settlement authority of 200,000 Prepare correspondence to Donna Cruz regarding settlement authority of 200,000 Review correspondence from Richard Ignoff regarding settlement authority of 200,000 Review Plaintiffs Notice of Hearing on Motions in Limine Review Dr. Jacobs' supplemental IME report Review of correspondence from Renee Krieger regarding the parties' trial exhibits Prepare correspondence to Renee Krieger regarding the parties' trial exhibits Prepare for pre-trial conference with Ryan Wechsler, Esq., and exchange of trial exhibits, review motions in limine Telephone conference with Ryan Wechsler, Esq., concerning possible settlement Prepare and compile the City's trial exhibits 0.20 0.20 0.30 0.20 1.80 0.30 0.20 0.20 4.50 0.20 0.20 0.20 0.30 0.20 0.20 0.20 0.20 0.20 0.30 0.10 0.10 2.00 0.30 2.00 Invoice Number 75251 Page 3 05/08/2023 CJS Review of correspondence from Debra Golebiewski regarding our 0.20 request for Plaintiffs updated records to Brain and Spine Center South Florida 05/09/2023 CJS Review of correspondence from Cynthia Dunn regarding our request for 0.20 Plaintiffs records produced by T -Mobile and Westway Towing 05/09/2023 CJS Prepare correspondence to Cynthia Dunn regarding our request for 0.20 Plaintiff s records produced by T -Mobile and Westway Towing 05/10/2023 CJS Review records in response to subpoena from AssociatesMD 1.30 05/10/2023 CJS Review of correspondence from Aletrice Mann regarding our request for 0.20 Plaintiffs medical records to AssociatesMD 05/10/2023 CJS Prepare correspondence to Aletrice Mann regarding our request for 0.20 Plaintiffs medical records to AssociatesMD 05/10/2023 CJS Review of correspondence from Cynthia Dunn regarding records 0.20 produced by Westway Towing and T -Mobile 05/10/2023 CJS Prepare correspondence to Cynthia Dunn regarding records for Westway 0.20 Towing and T -Mobile 05/11/2023 WHJ Telephone conference with Ryan Wechsler, Esq., concerning settlement 0.30 of claim 05/11/2023 CJS Telephone conference with Mike Cirullo, Esq., regarding settlement, 0.30 commission review and approval and total billed 05/11/2023 CJS Review Court's Order Directing Parties to File Dismissal Papers 0.20 05/11/2023 CJS Review Settlement Agreement 0.20 05/16/2023 CJS Telephone conference with Richard Ignoffo regarding funding of 0.30 settlement, Release and further proceedings 05/16/2023 CJS Prepare correspondence to Diana Taylor regarding released entities 0.30 05/16/2023 CJS Telephone conference with Mike Cirullo, Esq., regarding Release, 0.30 settlement terms and Commission approval 05/24/2023 CJS Telephone conference with Mike Cirullo, Esq., regarding City's 0.30 Commission's approval of settlement and expected date for consent agenda review 05/24/2023 CJS Draft Release of Claim and Indemnification Agreement 0.50 05/24/2023 CJS Prepare correspondence to Diana Taylor regarding proposed Release and 0.20 W9 05/24/2023 CJS Review correspondence from Diana Taylor regarding issuance of 0.20 settlement check 05/25/2023 CJS Revise and finalize Release of Claim and Indemnification Agreement 0.20 05/25/2023 CJS Prepare correspondence to Plaintiffs attorney regarding Release of Claim 0.20 and Indemnification Agreement 05/25/2023 CJS Review correspondence from Plaintiffs attorney regarding executed 0.20 Release and W9 917 Invoice Number 75251 Page 4 Total Professional Services: $5,537.50 Stearns, Chris J. 19.10 225.00 $4,297.50 Nunez, Michelle C. 2.00 125.00 $250.00 Johnson IV, W. Hampton 4.40 225.00 $990.00 DISBURSEMENTS 0510312023 Brain and Spine Center of South Florida; Invoice # 05/03/2023; Medical 229.00 records and Plaintiffs Myclogram 0510312023 Associates MD Services; Invoice # 05/03/2023; Medical records 34.00 0513112023 Color Copies 7.00 0513112023 Printing and Imaging Services 10.15 Total Expenses Advanced: $280.15 Summary: Total professional services $5,537.50 Total expenses incurred +$280.15 Total Amount Billed $5,817.65 Less Pre -Paid Applied $0.00 Please Pay this Amount $5,817.65 918 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 June 23, 2023 Billed Through 05/31/2023 Invoice 75252 / EBJ 00281 43022 Via: claims@bbfl.us Cindy Rogozin City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Beverly Bozzacco vs. FDOT and City of Boynton Beach (Tristar Claim No. 2390089 1) FOR PROFESSIONAL SERVICES RENDERED: 05/03/2023 EBJ Review correspondence from Cindy Rogozin regarding invoice to be 0.20 paid 05/04/2023 CJS Review Plaintiffs Notice of Filing Answers to City's Interrogatories 0.20 05/04/2023 CJS Review Plaintiffs Response to City's Request for Production 0.30 05/04/2023 CJS Review Plaintiffs Answers to Interrogatories 1.20 05/04/2023 CJS Prepare correspondence to W. David Bennett, Esq. regarding of 0.20 Plaintiffs responses to the City's interrogatories and request for production 05/05/2023 CJS Review correspondence from Richard Ignoff regarding separation from 0.20 City and reassignment of all files to Morgan Chalupka 05/05/2023 CJS Prepare correspondence to Richard Ignoff regarding separation from City 0.20 and reassignment of all files to Morgan Chalupka 05/05/2023 CJS Prepare correspondence to clients regarding Plaintiffs Answers to the 0.20 City's Interrogatories 05/09/2023 CJS Begin review of Plaintiffs voluminous response to request for production 4.00 05/10/2023 CJS Finish review of Plaintiffs voluminous response to request for 3.70 production Total Professional Services: $2,340.00 Stearns, Chris J. 10.20 225.00 $2,295.00 Johnson, E. Bruce 0.20 225.00 $45.00 DISBURSEMENTS 919 Summary: Total professional services Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 75252 Page 2 $2,340.00 $2,340.00 $0.00 $2,340.00 920 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 June 23, 2023 Billed Through 05/31/2023 Invoice 75253 / EBJ 00281 43028 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Tammi Philson vs. City of Boynton Beach (Tristar Claim No. 001470 -000440 -GB -01 FOR PROFESSIONAL SERVICES RENDERED: 05/09/2023 JHR Analyze plaintiffs interrogatory answers, documents produced in 2.80 discovery, and medical chronology to prepare for plaintiffs deposition 05/10/2023 JHR Draft and review outline of areas of inquiry for plaintiffs deposition 2.00 05/11/2023 JHR Continue to prepare for and attend plaintiffs deposition 4.30 05/12/2023 CJS Prepare a notice of production from non-party 0.30 05/12/2023 CJS Prepare a subpoena duces tecum directed to Life Christian Counseling 0.20 Network 05/12/2023 CJS Prepare an authorization for the release of Plaintiffs records directed to 0.20 Life Christian Counseling Network 05/16/2023 CJS Receipt and review of deposition transcript of Plaintiff, Tamm Philson 2.50 05/17/2023 CJS Prepare correspondence to Alan D. Sackrin, Esq. regarding the non-party 0.20 subpoena that the City intends to serve to Life Christian Counselling Network- etwork05/20/2023 05/20/2023JHR Draft and review summary of plaintiffs deposition 2.30 05/21/2023 JHR Research and analyze legal authorities regarding adequacy of lighting in 1.50 parking lots for negligence actions and duties of care associated with those particular allegations 05/23/2023 CJS Revise letter to Diana Perez, Tenille Decoste, and Donna Cruz 1.00 summarizing deposition of Plaintiff 05/23/2023 CJS Revise and finalize ongoing litigation report 1.50 05/23/2023 JHR Draft and review updated case evaluation 2.00 921 Invoice Number 75253 Page 2 05/25/2023 CJS Review correspondence from Diana Taylor regarding additional 0.30 information, Plaintiffs workers' compensation claim and additional depositions 05/25/2023 CJS Prepare correspondence to Diana Taylor regarding additional 0.30 information, Plaintiffs workers' compensation claim and additional depositions 05/25/2023 CJS Review second correspondence from Diana Taylor regarding 0.20 supplemental information 05/25/2023 CJS Prepare second correspondence to Diana Taylor regarding supplemental 0.20 information 05/25/2023 JHR Draft and review supplemental report summarizing plaintiffs prior 1.00 lawsuits, ankle injury treatments and complaints, and workers compensation claim 05/25/2023 JHR Telephone call to Angel Ocasio regarding his recollection of subject 0.50 incident 05/25/2023 JHR Draft and review the City's second set of interrogatories and request for 1.70 production of documents tailored to plaintiff s claimed emotional distress damages, prior lawsuits, and communications with third parties 05/25/2023 JHR Prepare notice of appearance 0.20 05/26/2023 IVR Research whether a FOIA request for workers' compensation litigation 1.50 file can be obtained, if the employee is a federal government worker 05/29/2023 CJS Research regarding Florida cases addressing dangerousness of a 2.50 wheelstop of an open and obvious nature 05/29/2023 CJS Draft and review City's Motion for Summary Judgment and supporting 3.50 memorandum of law addressing unreasonably dangerous wheelstops 05/30/2023 CJS Research regarding Florida cases addressing sovereign immunity from 2.50 negligent lighting of municipal parking lots 05/31/2023 CJS Prepare a notice of filing certificate of non -objection 0.30 Total Professional Services: $7,762.50 Stearns, Chris J. 15.70 225.00 $3,532.50 Riera, Ingrid V. 1.50 75.00 $112.50 Railey, Jonathan H. 18.30 225.00 $4,117.50 DISBURSEMENTS 0513112023 Printing and Imaging Services 0513112023 Postage Summary Total Expenses Advanced: Summary: 44.10 $44.94 922 Total professional services Total expenses incurred Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 75253 Page 3 $7,762.50 +$44.94 $7,807.44 $0.00 $7,807.44 923 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 June 23, 2023 Billed Through 05/31/2023 Invoice 75254 / EBJ 00281 43044 Via: claims@bbfl.us Michael Carlson City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Michael Norwood vs. City of Boynton Beach (Tristar Claim No. 21959966) FOR PROFESSIONAL SERVICES RENDERED: 05/01/2023 CJS Review correspondence from Joseph Bilotta, Esq., regarding revised 0.20 Release and redaction of HIV information 05/01/2023 CJS Review correspondence from Margaret Schoebel regarding agreement to 0.20 Release 05/01/2023 CJS Review of correspondence from Empire Blue Cross Blue Shield: New 0.20 York Health Insurance regarding our request for Plaintiffs record 05/01/2023 CJS Prepare correspondence to Joseph Bilotta, Esq. regarding Plaintiffs 0.20 authorization for the release of records from Blue Cross Blue Shield: New York Health Insurance 05/01/2023 CJS Review of correspondence from Joseph Bilotta, Esq. regarding Plaintiffs 0.20 authorization for the release of records from Blue Cross Blue Shield: New York Health Insurance 05/02/2023 CJS Review correspondence from Margaret Schobel regarding Release 0.20 05/02/2023 CJS Review executed release 0.20 05/02/2023 MCN Review of correspondence from Margaret Schobel regarding Plaintiffs 0.20 executed authorization for the release of records from Empire Blue Cross Blue Shield 05/02/2023 MCN Prepare correspondence to Margaret Schobel regarding Plaintiffs 0.20 executed authorization for the release of records from Empire Blue Cross Blue Shield 05/02/2023 MCN Prepare correspondence to the records custodian for Empire Blue Cross 0.20 Blue Shield regarding Plaintiffs authorization for the release of records 05/03/2023 CJS Review Plaintiffs medical bill summary 0.50 924 Invoice Number 75254 Page 2 05/04/2023 CJS Review Plaintiffs Request for Copies to City 0.20 05/05/2023 MCN Review Plaintiff s request for records subpoenaed from All County 0.30 Gastro, Orthopedic Shoulder, Elbow & Knee Specialists, Empire Blue Cross Blue Shield, Halper Family Medicine, and Centers for Medicare and Medicaid Services, and United Healthcare; update witness identification / exhibit list 05/05/2023 WBH DRaft deposition summary 2.30 05/08/2023 CJS Revise pre -mediation report 2.20 05/08/2023 CJS Review of correspondence from CMS: Centers for Medicare and 0.20 Medicaid Services regarding our request for Plaintiffs records 05/08/2023 CJS Prepare correspondence to Joseph Bilotta, Esq. regarding CMS: Centers 0.20 for Medicare and Medicaid Services' response to our request for Plaintiff s records 05/09/2023 CJS Review correspondence from Margaret Schoebel regarding authorization 0.20 to Medicare and agreement to same 05/09/2023 CJS Prepare correspondence to Margaret Schoebel regarding authorization to 0.20 Medicare and agreement to same 05/09/2023 CJS Review records in response to subpoena from All County 1.20 Gastroenterology 05/09/2023 MCN Summarize Plaintiffs medical records produced by All County Gastro 0.80 05/09/2023 MCN Prepare correspondence to Margaret Schobel regarding CMS: Centers for 0.20 Medicare and Medicaid Services' request for Plaintiffs authorization for the release of records 05/10/2023 CJS Review correspondence from Michael Carlson regarding additional 0.30 questions related to evaluation and potential experts 05/10/2023 CJS Telephone conference with Michael Carlson regarding additional 0.30 questions related to evaluation and potential experts 05/10/2023 CJS Review correspondence from Margaret Schoebel regarding executed 0.20 authorization for Medicare 05/10/2023 CJS Review authorization from Medicare 0.20 05/10/2023 CJS Prepare correspondence to Margaret Schoebel regarding executed 0.20 authorization for Medicare 05/10/2023 CJS Review correspondence from CMS in response to subpoena 0.20 05/10/2023 MCN Prepare correspondence to CMS: Centers for Medicare and Medicaid 0.20 Services regarding Plaintiffs executed authorization for the release of records 05/11/2023 CJS Review Gehring Group's Request for Copies to Plaintiff 0.20 05/16/2023 CJS Review correspondence from Richard Ignoffo regarding settlement 0.20 authority 05/16/2023 CJS Prepare correspondence to Richard Ignoffo regarding settlement 0.20 authority 05/17/2023 CJS Review records in response to subpoena from First Coast Service 1.30 Options 925 05/23/2023 CJS 05/25/2023 CJS 05/25/2023 CJS 05/29/2023 CJS 05/30/2023 CJS 05/31/2023 CJS Invoice Number 75254 Page 3 Research regarding motion for summary judgment addressing Plaintiffs slip and fall on an outdoor shower Review records in response to subpoena from All County Gastro Review records in response to subpoena from Langone Hospital Begin draft and review of City's Motion for Summary Judgment Revise and finalize City's Motion for Summary Judgment and supporting memorandum of law Review records in response to subpoena from Halper Family Medicine Total Professional Services: Stearns, Chris J. 21.70 225.00 Nunez, Michelle C. 2.10 125.00 Harris TIT, Wilford B. 2.30 225.00 DISBURSEMENTS 0510312023 Halper Family Medicine; Invoice # 05/03/2023; Medical records 0510912023 Fax Transmission from All County Gastro 0513112023 Printing and Imaging Services 0513112023 Postage Summary Summary: Total Expenses Advanced: Total professional services $5,662.50 Total expenses incurred +$147.90 Total Amount Billed $5,810.40 Less Pre -Paid Applied $0.00 Please Pay this Amount $5,810.40 2.50 0.70 0.20 3.00 4.00 1.70 $5,662.50 $4,882.50 $262.50 $517.50 119.00 18.50 9.80 0.60 $147.90 926 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 June 23, 2023 Billed Through 05/31/2023 Invoice 75249 / EBJ 00281 42070 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Shannon Thompson and Stanley Davis, Jr., for Estate of Stanley Davis III vs. City of Boynton Beach (Tristar claim no.: 22874044) FOR PROFESSIONAL SERVICES RENDERED: 05/01/2023 CJS Prepare correspondence to Kay Harper Williams, Esq., regarding 0.20 intention to file a negligence suit and offer 05/01/2023 CJS Review correspondence from Kay Harper Williams, Esq., regarding 0.20 intention to file a negligence suit and offer 05/01/2023 CJS Prepare second correspondence to Kay Harper Williams, Esq., regarding 0.20 intention to file a negligence suit and offer 05/01/2023 CJS Review second correspondence from Kay Harper Williams, Esq., 0.20 regarding intention to file a negligence suit and offer Total Professional Services: $180.00 Stearns, Chris J. 0.80 225.00 $180.00 DISBURSEMENTS Summary: Total professional services $180.00 Total Amount Billed $180.00 Less Pre -Paid Applied $0.00 Please Pay this Amount $180.00 927 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 June 23, 2023 Billed Through 05/31/2023 Invoice 75250 / EBJ 00281 43016 Via: claims@bbfl.us Michael Carlson City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Geico as Subrogee of Bruno Henrique Fernandes vs. City of Boynton Beach (Tristar Claim No. 19762606 FOR PROFESSIONAL SERVICES RENDERED: 05/05/2023 CJS Prepare correspondence to Judge Cheesman regarding City's motion for 0.50 summary judgment and all supporting case law; copy to Plaintiffs counsel 05/05/2023 CJS Review correspondence from Bruce Schiller, Esq., regarding Plaintiffs 0.20 binder to Judge Cheesman 05/05/2023 CJS Review Plaintiffs memorandum of law in opposition to City's motion for 1.50 summary judgment 05/05/2023 CJS Research regarding authorities in Plaintiffs memorandum of law in 2.50 opposition to City's motion for summary judgment 05/09/2023 CJS Review Order on City's Ex Parte Motion to Compel Discovery from 0.20 Plaintiff 05/17/2023 CJS Review file and prepare for hearing on motion for protective order filed 0.80 by Plaintiff 05/18/2023 CJS Continued preparation for and attend hearing on Plaintiffs Motion for 1.30 Protective Order 05/18/2023 CJS Review correspondence from Samantha Hare regarding proposed order 0.20 on Plaintiffs Motion for Protective Order 05/18/2023 CJS Review proposed order on Plaintiffs Motion for Protective Order 0.20 05/18/2023 CJS Prepare correspondence to Samantha Hare regarding agreement to order 0.20 on Plaintiffs Motion for Protective Order 05/18/2023 DHA Prepare for hearing on motion for summary judgment 3.00 05/19/2023 CJS Review Plaintiffs Response to Request for Production 0.30 05/19/2023 CJS Review Plaintiff s Notice of Serving Verified Answers to Interrogatories 0.30 928 Invoice Number 75250 Page 2 05/19/2023 CJS Review Plaintiffs Response to Request for Production 0.40 05/19/2023 CJS Review Plaintiffs Notice Of Serving Answers To Interrogatories 0.20 05/19/2023 CJS Review Plaintiffs Answers to Interrogatories 0.80 05/19/2023 CJS Review Plaintiffs documents response to Request for Production 1.80 05/19/2023 DHA Research regarding cases addressing "perfected" subrogation claims 2.20 05/19/2023 DHA Continue preparation for and attend hearing on Motion for Summary 3.60 Judgment Total Professional Services: $4,545.00 Stearns, Chris J. 11.40 225.00 $2,565.00 Albert, Damian H. 8.80 225.00 $1,980.00 DISBURSEMENTS 0513112023 Printing and Imaging Services 50.05 0513112023 Postage Summary 1.47 Total Expenses Advanced: $51.52 Summary: Total professional services $4,545.00 Total expenses incurred +$51.52 Total Amount Billed $4,596.52 Less Pre -Paid Applied $0.00 Please Pay this Amount $4,596.52 929 LLONGLEWIS MAN LW WALKER City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 003 Town Square Development Agreement 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 June 27, 2023 Invoice No. KBR-153229 Date Services 05/01/23 KBR Receive and review email correspondence from M. Lynn regarding recording documents. 05/03/23 KBR Telephone conference with M. Cirullo regarding document recordation. 05/16/23 KBR Various email communication with M. Cirullo, L. Swanson, and M. Lynn regarding recordation of documents. Summary of Services KBR Rossmell, Kathryn B. Total for Services Rate 385.00 Total for Services and Expenses Hours Amount 0.10 38.50 0.20 77.00 0.30 Hours 0.60 0.60 115.50 Amount 231.00 $231.00 $231.00 930 Invoice No. KBR-153229 Invoice Date: June 27, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 003 Matter Name: Town Square Development Agreement Total for Services and Expenses Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and a -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. $231.00 931 LEWIS LLONGMAN a M LW WALKER w�imm City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 005 Litgation - E21- Town Square Date Services 05/08/23 KBR Coordination with office concerning preparation of Notice of Unavailability; follow up email communication concerning same. 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 June 28, 2023 Invoice No. KBR-153228 Hours 0.30 05/10/23 LKW Review file documents and pleadings in preparation 0.90 for case management conference; organize and assemble documents and prepare for hearing; forounsel for review; prepward to care and file Notice of Unavailability for K. Rossmell; update database. 05/12/23 ATP Prepare for and attend Case Management hearing 0.40 and send follow up emails regarding same. 05/15/23 KBR Receive and review Order Dismissing Complaint in 1.20 client's favor; email communication with M. Cirullo regarding same; telephone conference with A. Petrick concerning same and next steps; receive and review Order Dismissing Complaint in favor of JKM Defendants; email communication with L. Woods regarding updating calendar deadlines; telephone conference with T. Duhy concerning order. 05/15/23 ATP Review email and Order granting Motion to Dismiss; 0.60 telephone conference with K. Rossmell regarding same and further steps. 05/16/23 LKW Receive and review Order Granting City of Boynton 0.60 Beach's Motion to Dismiss Verified Second Amended Complaint and Demand for Jury Trial; receive and review Order Granting JKM Defendants' Motion to Dismiss Verified Second Amended Complaint; electronically catalogue same; update database with deadlines for E21- Real Estate Solutions to file a Third Amended Complaint. Amount 115.50 211.50 152.00 462.00 228.00 141.00 932 Client Ref: 3772-005 Invoice No. KBR-153228 Date Services 05/30/23 KBR Telephone conference with T. Penserga. ATP Petrick, Amy T. KBR Rossmell, Kathryn B. LKW Wood, Lisa K. Total for Services Summary of Services Rate 380.00 385.00 235.00 Total for Services and Expenses June 28, 2023 Page 2 Hours Amount 0.10 38.50 Hours Amount 1.00 380.00 1.60 616.00 1.50 352.50 4.10 $1,348.50 $1,348.50 933 Invoice No. KBR-153228 Invoice Date: June 28, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 005 Matter Name: Litgation - E21- Town Square Total for Services and Expenses Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 $1,348.50 For your convenience, we accept credit card and a -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. 934 M Consent Agenda 07/18/2023 Commission Meeting Minutes. Requested Action by Commission: Approve minutes from the May 13, 2023, May 30, 2023, and June 6, 2023 City Commission Meetings and Workshops. Explanation of Request: The City Commission met on June 20, 2023, and minutes were prepared from the notes taken at the meeting and workshop. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: 062023 BB CC Workshop Minutes.pdf 062023 BB CC Minutes.pdf 935 Minutes of the City Commission Meeting City Commission Workshop Park Impact Fee Workshop & Extraordinary Circumstances Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, June 20, 2023, at 5:30 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow Hay (arrived at 6:46 P.M.) Commissioner Aimee Kelley 1. Presentation A. Short Term Rental Workshop Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 5:30 P.M. Roll Call City Clerk Maylee De Jesus called the roll. Vice Mayor Turkin joined virtually. A quorum was present. Saleica Brown, Development Services Manager, spoke about the following regarding short term rentals: overview; short-term rentals vs long-term rentals; legal limits to local regulations; current City process; and comparison of application processes. Michael Rumpf, Planner, spoke about the following: regulatory observations/comparisons- similarities in the sample, differences & unique standards in the sample; proposed ordinance; enforcement process- case management; short- term rental fees; comments/concerns; and questions. Mayor Penserga said that this is a balancing act, to protect owners and to protect quality of life around the rental properties. Vice Mayor Turkin thanked staff for working on this. He asked about the mandated landline at the residence and if it can be connected through Wi-Fi. Mr. Rumpf responded that they can review this. Vice Mayor Turkin stated that there was concern regarding room rentals, and not wanting to burden local hospital staff because travel nurses do not require a lot of room. He said that he is willing to be flexible with room rental requirement. He asked if there was a minimum age requirement to rent out a property. Mr. Rumpf stated that the local responsible party must be 25 years old. 936 Meeting Minutes City Commission Workshop Boynton Beach, FL June 20, 2023 Commissioner Kelley read the section regarding the age requirement. Vice Mayor Turkin asked for clarification on the suspension timeframe. Mr. Rumpf clarified the difference between suspension timeframes and penalties for habitual offenders. Vice Mayor Turkin said that he feels good about this, and he would like the Commission to consider the rental lease and the landline requirements. Amanda Radigan, Planning and Zoning Director, commented regarding the prohibited room rentals. She said that if the owner occupies the unit, then they can be allowed to rent the rooms out. There was discussion regarding owner occupied units and renting out rooms. Commissioner Kelley spoke about the landline and the concern that staff has with renters being able to reach emergency services. She said that she agrees with the Wi-Fi option that Vice Mayor Turkin spoke about. She spoke about having a happy medium for renting out rooms, maybe limiting it to 2 applications at a time. Mr. Rumpf spoke about having parking standards that can help with the concerns that the Commission is having. Ms. Radigan spoke about boarding homes, which would not be able to be regulated, if we allow this on short-term rentals. Commissioner Kelley spoke about the minimum age requirement and asked if that came from somewhere else. Mr. Rumpf stated that other examples they looked at had that rule. He said that 21 years old and above can apply for it, but someone 25 and older would have to be a registered guest. There was further discussion regarding age requirements. Commissioner Kelley asked about if an owner is fined, and has done everything they needed to do, what can the owner do with the renter. There was discussion regarding owners' responsibility and possible fees against property owners; annual inspections being noticed way in advance; inspection checklist; and the concern with having electricity hardwired. 4 937 Meeting Minutes City Commission Workshop Boynton Beach, FL June 20, 2023 Commissioner Cruz said that she is happy to see the fee schedule being added as opposed to the $15K fine. She stated that she is in favor of removing the landline requirement, and the room limitation. She suggested that we should think about having the maximum room rentals be based off the number of cars allowed at the property. She spoke about the options for trash bins, and the annual inspections. 2. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Mayor Penserga opened the floor for public comment. Mayor Penserga passed the gavel to Commissioner Cruz and left the dais at 6:30 P.M. Brian Ross, Airbnb Community Leader for Palm Beach County, said that they are for legislation and not against it, but want it to be sensible legislation. He spoke about the different legislation that is coming down the pipe, inspections inside the property, short-term rentals, coming up with ways to deal with 30+ day rentals, and getting rid of trash privately. Jeffrey Kregan, realtor, and owner of rental properties, spoke about not having a higher end hotel in Boynton Beach, so this is a way to provide that. He spoke about regulating parking; mass occupancy based off a home square footage or a room; permits and registration being transferred to new owner; and regulating short-term rentals. There were no virtual speakers. Commissioner Kelley asked that we are complying with 509. Vice Mayor Turkin said that we do need to find alternatives for smoke detectors. He spoke about the max occupancy being a little high; not requiring landlines; and that transferring registration would make sense. Commissioner Cruz agrees with making sure we are compliant with state statute, and not requiring a landline. She said that if we can provide the opportunity for single family homes to purchase additional trash cans, it would be great. 3 938 Meeting Minutes City Commission Workshop Boynton Beach, FL June 20, 2023 Mayor Penserga said that he is not in favor of landlines being the only option; smoke detectors should not have to be wired in, since there are battery operated ones; and is in favor of owner -occupied component and exploring that option. Commissioner Kelley spoke about her concern in transferring registration. Ms. Radigan stated that they are not transferrable because they need the new owners to accept all the rules. Ms. Brown said that they can transfer BTRs only in the event of change of ownership or location change. She said the new owners would still undergo the application and screening process. Commissioner Kelley spoke about limiting the number of short-term rentals that we have and restrictions. Commissioner Woodrow L. Hay joined the meeting at 6:46 P.M. There was discussion regarding clarification for staff: landline, or Wi-Fi line, or ability to dial 911 being required; room by room rentals, and limiting the number of short- term rentals at a time; smoke detectors required, but not to require them to be hardwired, and allow the battery ones; maximum occupancy clarification; $15K maximum fee being limited to certain infractions; allow an extra trash bin to be purchased; and inspection regulations. Commissioner Cruz asked if we could make the room rentals to be based off parking availability. Vice Mayor Turkin asked for clarification on max occupancy. Ms. Radigan said that it is 2 people per bedroom, max of 10, and if there is a gathering it is 1.5 times the occupancy, up to 15 people. 3. Adjournment Motion: Commissioner Kelley moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:58 P.M. 4 939 Meeting Minutes City Commission Workshop Boynton Beach, FL June 20, 2023 CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 940 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, June 20, 2023, at 7:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Woodrow L. Hay Commissioner Cruz Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 7:09 P.M. Roll Call City Clerk Maylee De Jesus called the roll. Vice Mayor Turkin joined virtually. A quorum was present. Invocation by Commissioner Hay Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Commissioner Kelley Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mayor Penserga stated that he wants to discuss having a legislative break in the future. He said that he received a resignation letter from the City Attorney, and he wants to discuss next steps. There was consensus to discuss both topics tonight. Vice Mayor Turkin asked for an update on the ordinance for the tent paraphernalia. City Manager Dugger said that he will speak to staff regarding this and will add a future date to this item. 941 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Deputy City Manager Mack stated that some of these future agenda items need consensus from the dais, for staff to move forward. Mayor Penserga asked for the Commission to go through the future agenda item list to give direction to staff, for the next meeting. Commissioner Kelley spoke about the parking master plan and the Commission getting an idea on public parking. She said that she would like to move that forward. Mayor Penserga recommended discussing the topic tonight and giving direction to staff. Commissioner Hay asked to add an item to future agenda, an in-depth study on annexation and feasibility of what areas would be potential candidates and the impact to the City. There was consensus to add to future agenda. Motion: Commissioner Cruz moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz stated that she spoke to Bonnie Miskel regarding Item 8A. Vice Mayor Turkin had no disclosures. Commissioner Hay had no disclosures. He said that he attended the Juneteenth celebrations and noted it was a good turnout and good entertainment, but that it was hot. He said that he judged the BBQ and they decided on the winner. He gave kudos to staff. Mayor Penserga stated that he agrees about the heat. Commissioner Kelley stated that she spoke to Bonnie Miskel regarding Item 8A. Mayor Penserga stated that he spoke to Bonnie Miskel regarding Item 8A. 3. Announcements, Community and Special Events And Presentations A. Announce Boynton Beach Police Athletic League is hosting a free basketball clinic Mayor Penserga announced this event. 4 942 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 B. Announce 4th of July Celebration 2023. Mayor Penserga announced this event. C. Announce system wide free chlorination of the water distribution system. Mayor Penserga announced this item. D. Announce Budget Workshops. Mayor Penserga announced the workshop dates. E. Presentation- City of Boynton Beach Semi -Annual Grant Report Tessy Lacroix, Grants Manager, provided an update on the FY22 & FY23 Grants as follows: grants team mission & activity; grant accomplishments fiscal year 2022 to present; grant impact; plan of action for unfunded projects; highlights of grant activities- community improvement; fire rescue; pending applications for capital improvement projects; future direction; and future direction continued- grant application process flow chart. Mayor Penserga asked how many people she works with. Ms. Lacroix stated that she works with basically every department. Commissioner Cruz asked about applying to the hazard mitigation fund. Ms. Lacroix responded with the funding that they have applied for and will apply for, for the hazard mitigation fund. Commissioner Hay asked if she writes all the grants. Ms. Lacroix responded that she does not write them all, but most of them. Commissioner Hay asked her to explain one of the grants. Ms. Lacroix spoke about equitable grants that she is working on. Commissioner Kelley said that she is excited about our success rate. She asked about the Parks and Recreation grants and projects. Ms. Lacroix spoke about how she works with the different departments, to be able to figure out what other grants she can apply for. Vice Mayor Turkin asked if she needs help in her department or more resources. 943 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Ms. Lacroix responded yes, because the projects are becoming larger to manage and some of the grants are a long process. Vice Mayor Turkin said that he would be for getting her more help. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Louisa Castillo invited the Commission to a luncheon. She said that she sent an email with the information. Suzanne Ross, with the Schoolhouse Rock Museum, gave an update on the museum's activities. She said that the 2023 Schoolhouse Bash will be held on September 22. Gilbert Spielman said that parking has been a nightmare and there has been enforcement for parking on the street. He said that there were 22 cars booted in one evening. He spoke about speaking to Staff, and that the Boynton PD should not be in there, because it is private property. He said that they would like to make everyone happy and asked for help with public parking. Barbara Ready spoke about the indoor facility ruining the little league park. She asked if the process was followed for the restaurant at the golf course. She said that Mr. Phil Terrano called her son and threatened to sue her for speaking against him. There were no virtual comments. 5. Administrative 6. Consent Agenda A. Proposed Resolution No. R23-079- EMS Grant for Elk Lift Cushions. B. Proposed Resolution No. R23-080- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for 5 -Star Beauty DBA Beauty Spa. C. Request for increase to annual estimated expenditures on current bid contract, Backflow Prevention Device Inspection, Testing and Repair Services, Bid # 020-2821-19/EM with Line -Tec, Inc. D. Request for Purchases for over $10,000.00 for the month of May 2023. 4 944 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 E. Request Bid Extensions and Piggy -Backs Under $100,000. F. Commission Meeting Minutes. Motion: Commissioner Hay moved to approve the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Task Order No. CRSUTL-02-2023 for Watershed Master Plan Motion: Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000. Commissioner Cruz seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 23-011- Second Reading- Amendments to the Land Development Regulations for car washes and indoor training facilities. City Attorney Cirullo read the title into the record. Andrew Meyer, Senior Planner, spoke about the car wash and indoor athletic instruction/training facility as follows: summary of changes; car wash- what's changing; car wash- what's not changing; what would and would not meet proposed amendments; car wash- summary of proposed change- detail area parking requirements; indoor athletic instruction/training facilities- what's changing; other accessory uses within REC zoning districts; and questions. Commissioner Kelley asked for clarification about the requirements for coverings from the sun while cleaning vehicles. Mr. Meyer spoke about the modification that was made based off feedback from the last meeting. There was discussion regarding where the requirements will be, for the coverage to clean 5 945 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 the vehicles. Commissioner Kelley stated that she is comfortable with 250 or 300 square footage. Commissioner Cruz stated that she is in support of no more than 250 square footage. Vice Mayor Turkin said that he concurs with his colleagues and has no additional comments. Mayor Penserga said that he will support 250. Mayor Penserga opened public comment. Barbara Ready asked if they have given thought on what allowable functions will be permitted in these indoor athletic facilities. She said that she wants to make sure its licensed professionals. There were no virtual comments. Commissioner Kelley asked for clarification on the vacuum stations. Ms. Radigan clarified that full-service use covers two typologies. She said that it was removed from some types of services. There was discussion regarding what stations will require permanent coverings. Motion: Commissioner Cruz moved to approve Ordinance No. 23-011, with the change of 1 per 250 square footage. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business - None 11. New Business A. Future cemetery plots in Boynton Beach. Deputy City Manager Mack spoke about the following regarding cemetery lots: current status; map of the cemeteries we own; Martin Memorial Park Cemetery; options proposed layout for option 1 at Sara Simms; Barton Memorial Park Cemetery and Barton Park option; and Galaxy Park option. 946 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Commissioner Hay stated that he likes the Galaxy Park option because of the size. He said that he wants to stay away from imminent domain. He stated that he does not like the option of extending Sara Simms. He said to go with Galaxy Park and expand in Barton and Sara Simms (without affecting the church). Commissioner Cruz asked if we own these properties. Deputy City Manager Mack explained what we own, and what option would allow us to do imminent domain, if needed. Commissioner Cruz said that it is good to be proactive and think about the future. She stated that she would like to have conversations with staff regarding this. Commissioner Kelley said that her position is that the future of cemeteries is ever changing, and if the City even wants to continue to be in the cemetery business. She is concerned about the true need to continue to grow the cemeteries and not have the land be used. Mayor Penserga stated that there are questions that need to be asked: why are we in the business of cemeteries; how many cities are in this business; pros and cons. He said that a good compromise might be the Barton area because it makes sense to expand outwards. He mentioned that we should explore the requirements for a cemetery, like roads for funeral processions. Commissioner Hay stated that he would like to explore all of the options. He spoke about the option of not being in this business. He said that he feels that the Galaxy Park route would give the City breathing room. He asked to see what other cities are doing with this issue. He said that we need to come up with a balance. City Manager Dugger asked for clarification about coming back with moving forward with Barton Park expansion, and then come back with Galaxy Park. Commissioner Hay asked for more information about mausoleums too. There was consensus to look at mausoleums. Commissioner Kelley asked staff about maintenance. There was discussion regarding costs and looking at other cities and what they do. B. Senate Bill 102 "Live Local Act" Overview & Impact Analysis Presentation Ms. Radigan provided an overview of the item. She noted that it becomes effective on July 1, 2023. 947 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 RJ Ramirez, Community Improvement Manager, spoke about the Live Local Act as follows: funding. Mara Frederiksen, Finance Director, spoke about the following: tax incentive; tax incentive- nonprofit land used for affordable housing; and tax incentive missing middle property tax exemption. Ms. Radigan spoke about the following: preemptions- land use tools and role of local governments; preemptions- land use; impact analysis- eligible (preempted property); impact analysis- use; impact analysis- density; impact analysis- height 150 feet; impact analysis -height 100 feet; impact analysis- 75 feet; impact analysis- height maximums; state housing strategy; publicly owned lands; and technical assistance. City Attorney Cirullo spoke about the following: ambiguities/ interpretation; and options to interpret and apply act. Commissioner Hay asked for clarification on the one -mile radius regarding the impact analysis. Ms. Radigan explained the radius on the different height requirements. There was discussion regarding the state laws. Commissioner Kelley asked about the list of available properties, and how it affects vacant land that is zoned differently. Ms. Radigan explained the rules. Commissioner Kelley asked about tenants. City Attorney Cirullo spoke of a bill that was possibly passed by legislation. Vice Mayor Turkin asked if they still must meet the parking and setback requirements. Ms. Radigan said yes and provided examples. Ms. Radigan spoke about tying this in the mobility workshop. She explained what she has discussed with the consultant. Mayor Penserga asked what direction is needed. Ms. Radigan said that staff needs a date for a mobility workshop. Mayor Penserga asked to have this removed from future agenda item so staff can 1 948 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 proceed. Added: Discussion regarding resignation of City Attorney City Manager Dugger asked if the Commission would like to go with another firm or look at an in-house attorney. He spoke about what different cities have. He asked if the Commission wants HR to go out or have a firm go out to look. Ms. Tennille DeCoste, Human Resources Director, explained the steps to hire an in- house attorney. She spoke about option 2: solicit outside counsel through RFP process. She said that we need Commission directives. Commissioner Cruz stated that she would like an in-house counsel. She said that she would go with majority on hiring an interim group. Vice Mayor Turkin agreed with an in-house counsel. He agreed with the interim group. Commissioner Hay asked how this was initiated, because he had not heard about this. City Manager Dugger stated that there were concerns from staff brought to the Mayor about the firm, and this was the action taken. Commissioner Hay stated that he does not want anyone to speak for him without talking to him first. He said that he would like to have in-house counsel. He is okay with the interim firm. Mayor Penserga stated that he did not speak for the Commission, he just relayed the information, and this was decision that was made. Commissioner Hay said that the entire Commission should have been included on this type of decision. Commissioner Kelley stated that she understands the in-house attorneys, but she would like to be smart about this. She said that her concern is the ability to hire an in- house attorney, and having a backup attorney and staff, for coverage. She said that she is leaning more towards a firm. She asked about Ms. DeCoste's experience. Ms. DeCoste stated that this is a great City to work for, and she said that we always have the option to get a firm if we do not get a qualified attorney. She spoke about the team that would be needed and about outsourcing work. Commissioner Kelley stated that she will support what the majority wants. She said that she is fine with going with the interim firm. A 949 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Commissioner Hay thanked Ms. DeCoste for her explanation. Mayor Penserga stated that he will support option 1 and the interim counsel. Commissioner Hay thanked City Attorney Cirullo and said that he appreciates the work that the firm has done. Commissioner Kelley asked about the timeline. Ms. DeCoste stated that as the applications come in and they meet requirements, they will have packets for the Commission. Commissioner Cruz thanked City Attorney Cirullo. 12. Legal Mayor Penserga asked the Commission if they want to set aside time for a legislative break in the future. Commissioner Kelley stated that she is interested in what the other cities do. She said that she works around the City Commission meetings, and that she does not want to be stuck to just taking a break during a specific timeframe. Commissioner Hay stated that he has been juggling dates for vacations. He said that he is all for the legislative break, and that he would like to do the month of July. Vice Mayor Turkin asked if it would also affect their duties on other boards. He said that maybe they can combine meetings during the summertime, instead of taking a whole month off. Commissioner Cruz said that she is open to it because it helps staff take time off too. She stated that maybe taking second meetings off would be better. Mayor Penserga stated that we only have one meeting in July, since one was cancelled. He said that it gives Staff time to catch up with work. He commented that this would be for the future. A. Proposed Ordinance No. 23-013- First Reading- Park Impact Fee Ordinance. City Attorney Cirullo read the title into the record. He said that a lot of the study has been to update our rates and update the ordinance with existing standards. 10 950 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Commissioner Hay said that he is good for now. Commissioner Kelley asked if we have a strike through version. City Attorney Cirullo said that he can have that put together and sent to them. Motion: Commissioner Cruz moved to approve Ordinance No. 23-013. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 13. Future Agenda Items A. Discuss and review Advisory Board Ordinance changes- first reading.- July 18, 2023 B. Advisory Board Annual Reappointments and Appointments.- Tabled from April 4, 2023. -TBD C. Discussion for Ordinance regarding tints for paraphernalia shops. -TBD D. Consider revised local rules for approval. -TBD E. Discussion regarding downtown parking master plan. -TBD F. Discussion regarding bringing more jobs to the City at former ToysRUS.- TBD G. Discussion regarding changing minimum requirements for traffic studies. - TBD H. Discussion regarding housing for the homeless in the City. -TBD I. Discussion regarding Grant Program for HOAs.- TBD Mayor Penserga said that 13E can be removed from future agenda. He stated that he would like to have the discussion regarding future agenda items for the next meeting. City Manager Dugger stated that they would like to conceptualize how we do future agenda items. Mayor Penserga said that it will be on the local rules ordinance as well. Commissioner Hay said that he wants the annexations added to the list. 951 Meeting Minutes City Commission Meeting Boynton Beach, FL June 20, 2023 Commissioner Kelley wished everyone a Happy 4t" of July. Vice Mayor Turkin thanked City Attorney Cirullo for everything he has done. Commissioner Cruz thanked staff. Motion: Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:09 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 12 952 7.A Consent Bids and Purchases over $100,000 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Resolution No. R23-091- Geographic Information System (GIS) Services Requested Action by Commission: Approve the ranking as recommended by the Selection Committee and authorize the City Manager to sign a Professional Services Agreement with SAM Surveying and Mapping, LLC. of Austin, TX as a result of RFP No. CW23-009 for Geographic Information System (GIS) Services, with a not to exceed $300,000.00 annually. Explanation of Request: Agreement Term: July 19, 2023 - July 18, 2025, with option to renew for three (3) additional one (1) terms. On April 27, 2023, RFP No.: CW23-009 for Geographic Information System (GIS) Services was advertised to invite Proposers to provide ongoing professional services in GIS Services for the City's Utilities Department, Public Works Department. The applications for which services will be needed will require close and frequent liaison with the City's ITS GIS division, Utilities and other Departments. Boynton Beach Utilities makes extensive use of GIS for assisting field operations, engineers, and others to create applications, maps, track assets, run queries, and analyze data. The collection of GIS data is a bottom-up approach; field staff collect data via field observation, researching asbuilts, valve books, and other records to update GIS. The selected vendor shall assist, quality assurance and quality control, and onsite training to support Utility field staff and management. On May 26, 2023, Purchasing received and opened three (3) proposals in reponse to the RFP, they were reviewed by Purchasing to ensure the proposals met the RFP requirements. Two proposal were deemed "responsive", and one (1) was deemed "non-responsive". On June 22, 2023, in a public noticed evaluation meeting, the Selection Committee, comprised of City Staff from Utilities and Public Works, discussed and reviewed their ranking of the two (2) proposals. Rank 1: SAM Surveying and Mapping, LLC. Rank 2: CDM Smith, Inc. The Committee's unanimous recommendation is to award the Agreement to SAM Surveying and Mapping, LLC. as the highest -ranked qualified firm 953 How will this affect city programs or services? The purpose of the Geographic Information System (GIS) Services agreement is to build, update, and/or correct existing data. Provide expertise necessary to support the City in its expansion of the use of GIS by developing applications specific to maintenance and data collection. Create dashboards to track key metrics on all system content and ongoing projects. Create/edit dashboards to convey information about Road Condition Scoring. Fiscal Impact: Expenses have been included in the FY23/24. Attachments: R23-091 Approve_ranking_and_Professional_Services_Agreement_for_GIS_-_Reso.pdf Services Agreement - SAM Surveying and Mapping, LLC..pdf RFP - Geographic Information System-FINAL.pdf Addendum No. 1.pdf Addendum No. 2.pdf CW23-009 EvaluationSummary.pdf 954 1 RESOLUTION NO. R23-091 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE RANKING AS RECOMMENDED BY THE SELECTION 5 COMMITTEE AND AUTHORIZE THE CITY MANAGER TO SIGN A 6 PROFESSIONAL SERVICES AGREEMENT WITH SAM SURVEYING AND 7 MAPPING, LLC. OF AUSTIN, TX AS A RESULT OF RFP NO. CW23-009 8 FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES, WITH A 9 NOT TO EXCEED $300,000.00 ANNUALLY, AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, on April 27, 2023, RFP No.: CW23-009 for Geographic Information 13 System (GIS) Services was advertised to invite Proposers to provide ongoing professional 14 services in GIS Services for the City's Utilities Department, Public Works Department; and 15 WHEREAS, on May 26, 2023, Purchasing received and opened three (3) proposals in 16 response to the RFP, they were reviewed by Purchasing to ensure the proposals met the RFP 17 requirements and two proposal were deemed "responsive", one (1) was deemed "non - 18 responsive'; and 19 WHEREAS, the Committee's unanimous recommendation is to award the Agreement 20 to SAM Surveying and Mapping, LLC. as the highest -ranked qualified firm; and 21 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 22 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 23 approve the ranking as recommended by the Selection Committee and authorize the City 24 Manager to sign a Professional Services Agreement with SAM Surveying and Mapping, LLC. of 25 Austin, TX as a result of RFP No. CW23-009 for Geographic Information System (GIS) Services, 26 with a not to exceed $300,000.00 annually. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 30 as being true and correct and are hereby made a specific part of this Resolution upon 31 adoption. 32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 33 approves the ranking as recommended by the Selection Committee and authorize the City S:ACA\RESO\Agreements\Approve ranking and Professional Services Agreement for GIS - Reso.docx -1- 955 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Manager to sign a Professional Services Agreement with SAM Surveying and Mapping, LLC. of Austin, TX as a result of RFP No. CW23-009 for Geographic Information System (GIS) Services, with a not to exceed $300,000.00 annually. A copy of the Professional Services Agreement is attached hereto and incorporated herein as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 18th day of July, 2023. ATTEST: Maylee Ue Jesus, IVINA, MMC. City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Approve ranking and Professional Services Agreement for GIS - Reso.docx -2- 956 SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SAM SURVEYING AND MAPPING, LLC 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 SAM Surveying and Mapping, LLC a Foreign Limited Liability Company authorized to do business in the State of Florida, with a business address of 4801 Southwest Parkway, Building 2, Suite 100, Austin, TX 78735, 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, parts, and materials related to the Geographic Information System (GIS) Services. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Geographic Information System (GIS) Services, as more particularly described in RFP No. CW23-009, and Price Proposal attached hereto as Exhibit "A" and by this reference made a part hereof. 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 two (2) years, commencing on July 19, 2023 and shall remain in effect through July 18, 2025. The CITY reserves the right to renew the agreement for three (3) one-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. 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. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. 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. 957 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. 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 Agreement: 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. 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 958 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 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 he 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 959 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: SAM Surveying and Mapping, LLC. Dustin Henggeler 4801 Southwest Parkway Building Two, Suite 100 Austin, TX 78735 I[)ustin„hen c�eller c� sairm„biiz. ............................................... 660-582-5651 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 960 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 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. 961 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 962 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attest/Authenticated: Maylee DeJesus, City Clerk 2023. SAM Surveying and Mapping, LLC. (Authorized Official Name), (Vendor) Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated : Secretary 963 EXHIBIT "A" Geographic Information System (GIS) Services Personnel Classifications and Hourly Rates No. Classification Hourly Rates 1 Principal $290.00 2 Project Manager $230.00 3 GIS Manager $140.00 4 GIS Analyst $140.00 5 GIS Technician $100.00 6 CAD Technician $105.00 7 GIS Field Coordinator $115.00 8 Clerical $120.00 964 REQUEST FOR PROPOSALS (RFP) FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES RFP No. CW23-009 MANDATORY PRE -PROPOSAL CONFERENCE MAY 8, 2023 AT 2:00 P.M. LOCATION: CITY OF BOYNTON BEACH CITY HALL, ROOM 115 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 ONLINE SUBMISSION ONLY Boynton -beach. bidsandtenders. net RFP CLOSING DATE: MAY 26, 2023 NO LATER THAN 2:30 P. M. THE DEADLINE FOR QUESTIONS CONCERNING THIS RFP MAY 15, 2023 Ca- 2:30 P.M. REQUEST FOR PROPOSAL FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES RFP No. CW23-009 TABLE OF CONTENTS Tableof Contents............................................................................................................................... 1 Noticeto Proposers............................................................................................................................ 2 - 3 Section 1 — Background and Scope of Services................................................................................ 4 - 7 Section 2 — Instruction to Proposers.................................................................................................. 8 - 9 Section 3 — General Conditions......................................................................................................... 10-19 Section 4 — Proposal Submission Requirements............................................................................... 20-22 Section 5 — Evaluation of Proposals.................................................................................................. 23-24 Section 6 — Special Conditions.......................................................................................................... 25 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online Appendix`A'....................................................................................................................................... 26 Proposer's Qualification Statement....................................................................................... 27-32 Anti -Kickback Affidavit........................................................................................................... 33 Non -Collusion Affidavit of Proposer and Certification of Proposer ....................................... 34-35 Certification Pursuant to Florida STATUTE § 287.135......................................................... 36-37 E -Verify Form Pursuant to Florida STATUTE § 448.095 ..................................................... 38-39 PriceProposal.......................................................................................................................40 Appendix`B'.......................................................................................................................................41 Draft Contract Agreement..................................................................................................... 42-48 InsuranceAdvisory Form......................................................................................................49 Exhibit"A............................................................................................................................................. 50 Sample Performance Evaluation...................................................................................................... 51 -52 CW23-009 - Geographic Information System (GIS) Services I REQUEST FOR PROPOSAL FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES RFP No. CW23-009 NOTICE TO PROPOSERS Electronic Proposals shall be received by the bidding system no later than May 26, 2023, No Later Than 2:30 PM (Local Time). All Proposals will be publicly opened and only the names of the Proposers will be disclosed. RFP's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that you allow sufficient time to complete your online submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton- beach. bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach seeks the submittal of proposals from firms qualified in Geographic Information System (GIS) Services for the City's Utilities Department, Public Works Department, and may be expanded to other departments. The successful firm(s) shall have experience in the water and/or wastewater industry and in civil engineering and a proficient understanding of ARC GIS and the application programming. ELIGIBILITY: A. Proposers will be eligible to respond to this Request for Proposal if the firms demonstrate that they or the principals assigned to this project, have successfully completed services similar to those specified in the Scope of Services of this RFP. B. Proposers must include as a part of the RFP submittal, sufficient documentation, client references, and qualifications to support their ability and experience to perform the services contained in the RFP. CW23-009 - Geographic Information System (GIS) Services 2 ,T PRE -PROPOSAL CONFERENCE: A MANDATORY Pre -Proposal Meeting is scheduled for May 8, 2023, at 2:00 P.M. to be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. The purpose of this meeting is to provide a forum for all concerned parties to discuss and answer questions on the solicitation document, review the projected schedule and, discuss other relevant issues. In the event that any discussions or questions at the pre -proposal meeting require, in the City's opinion, official additions, deletions or clarifications of the solicitation, or any other document, the City will issue an addendum to this Request for Proposals, as the City determines is appropriate. No oral representation or discussion taking place at the pre -proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre -proposal meeting should be submitted in writing by the deadline stated. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for an award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this RFP are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH CW23-009 - Geographic Information System (GIS) Services 3 ,T REQUEST FOR PROPOSAL FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES RFP No. CW23-009 SECTION 1 — BACKGROUND, AND SCOPE OF SERVICES BACKGROUND The City of Boynton Beach, Florida (City) provides Potable Water, Wastewater, Stormwater and Reclaimed Water services through the Utilities Department. The utility system includes: two (2) wellfields, two (2) water treatment plants, one (1) 24 MGD lime softening and one (1) 10 MGD low pressure membrane softening plant, two (2) aquifer storage and recovery wells, a sewage collection and transmission system with approximately 170 wastewater lift stations, and the associated water distribution and wastewater collection piping systems, reclaimed water distribution system, stormwater swales, and a stormwater collection and disposal system. GOAL The City is seeking a strategic partner with the requisite skills to work with the City with on-going improvement projects for current and future needs. TERM OF THE PROJECT The City intends to award a contract for a two (2) year period starting from the award date, with an option for three (3), one (1) year renewal periods if mutually agreeable and determined to be in the City's best interests. SCOPE OF SERVICES TO BE PERFORMED INTRODUCTION The City of Boynton Beach seeks the submittal of proposals from firms for ongoing professional services in Geographic Information System (GIS) Services for the City's Utilities Department, Public Works Department, and may be expanded to other departments. The applications for which services will be needed will require close and frequent liaison with the City's ITS GIS division, Utilities, and other Departments. Boynton Beach Utilities makes extensive use of GIS for assisting field operations, engineers, and others to create applications, maps, track assets, run queries, and analyze data. The collection of GIS data is a bottom-up approach; field staff collect data via field observations, researching asbuilts, valve books, and other records to update GIS. The selected vendor shall assist, quality assurance and quality control, and onsite training to support Utility field staff and management. Boynton Beach Utilities GIS connects to a variety of other software including iWater, InfoWater, and InfoSwimm with plans to expand its connectivity with Wastewater Television Inspection software and other systems as needed. The selected vendor should have basic knowledge of these software packages and provide assistance with connectivity. CW23-009 - Geographic Information System (GIS) Services 4 All proposers should be familiar with all the requirements, whether general or specific. All work must be performed in accordance with applicable Federal, State and Local regulations. Vendors shall work with the Utility's Control team and abide by Boynton Beach Utilities' technological standards, guidelines, policies and procedures. GENERAL The vendor shall provide all tools, labor, equipment, materials and electrical connections, etc. necessary for Geographic Information System. The City will designate a Project Manager for each project based on the resultant contract. The Project Manager will prepare scope of services for each task assignment that will be submitted to the awarded firm to provide the cost for the specific task order in accordance with the hourly rates established for this contract. Vendor's staff will sign in and out at reception area of facility during each visit. All mileage and travel time to and from the job site is not reimbursable. Mileage and travel cost shall be included in the hourly rate quoted for labor in the proposal. Time spent on technical support services provided to other non -City of Boynton Beach customers during their visit and or meals shall not be included in billable hours worked for City. Invoicing provided by Vendors shall be itemized with times, dates of service and submitted to the appropriate Departments for payment. During the term of the contract, work is performed as a series of individual work authorizations. Each work authorization, initiated by the City, is defined cooperatively by the City representatives and Vendor(s). The successful Vendor(s) shall furnish all parts, materials, equipment, sub -consultants, labor, and supervision as necessary to program, maintain, furnish and install the assigned work as outlined in the agreed upon scope of work provided with each work authorization. The City reserves the right to make owner direct purchases (ODP) for components purchased when deemed in the best interest of the City. QUALIFICATIONS Vendor shall have a minimum of five (5) years' experience in geographic information system with emphasis in the water and wastewater and in civil engineering. Vendor shall have obtained three (3) similar contracts within the last five years. Vendor shall have Geographic Information System (GIS) qualified technicians on staff to complete the work as detailed in this scope of services. A "qualified technician" is one who is able to perform all work without need of technical support or training from City staff. =E6 &T1TL9]N:1 The Proposer shall perform, as needed, Geographic Information System (GIS) Services for the City. Services will require frequent liaison with the Utilities and Public Works Departments and may be expanded to other departments. A variety of task orders will be agreed upon; priorities and delivery schedules will be established by the City and may be changed or amended frequently. The awarded firm(s) must have a solid understanding of and relevant experience with the design, development, and operation of GIS systems to support municipal government (City) level planning and regulations. Must have relevant experience in ArcView GIS, Collector mobile app, and Survey 123. CW23-009 - Geographic Information System (GIS) Services 5 07 Utilities GIS connects to a variety of other software including iWater, InfoWATER and InfoSWMM with plans to expand its connectivity with Wastewater Television Inspection software, Smartsheets and other systems as needed. The selected vendor should have basic knowledge of these software packages and provide assistance with connectivity. All proposers should be familiar with all the requirements, whether general or specific. Tasks will be web and web application based, and may include but are not limited to the following tasks: Build, Update, and/or Correct Existing Data o Provide expertise necessary to support the City in its expansion of the use of GIS by developing applications specific to maintenance and data collection o activities. o Create web applications for the field collection of various infrastructure assets. o Update existing GIS desktop utility map and existing web -based utility map to include all provided as -built information. o Provide hyperlinks to as-builts on utility maps. o Attributes/Assets to be added/verified include: • Boundaries ■ Utility Easements ■ Pipelines (Wastewater, Water, Reclaimed, chilled water, and Stormwater) ■ Manhole/Cleanout Fire Hydrants Lift Stations Valves • Water meters ■ Backflow ■ Stormwater infrastructure (catch basins, pipes, outfalls) ■ Other Assets may include light posts, trees, sidewalks, playgrounds, bathrooms, streets. o Research records to find and add missing assets and attributes where missing and available (diameter, material, flow direction, age, manufacturer, etc.) o Update direction of flow for stormwater and wastewater pipes. o Map valves and other assets which may include pipe ID's, parks, streetlights, signs or other assets as determined by the City o Update GIS database based on As -Built Record Drawings, field observations, or other resources o Update GIS data based on construction projects to include but not limited to pipe bursting projects, sewer and stormwater lining projects, contractor projects and in- house projects. o Update GIS database to show updated road condition scoring and to add historical construction data (i.e. date road rescored, previous score, etc.). o Assist with creating new asset ID's for all Fire Hydrants and mass update in GIS. o Create dashboards to track key metrics on all system content and ongoing projects. o Create/edit dashboards to convey information about the Road Condition Scoring. o Assist with up modeling software updates (InfoWATER and InfoSWMM) o Develop GIS based Emergency Incident Tracker and Damage Assessment o Develop GIS based Construction tracker to monitor progress of various projects. o Develop GIS based Grant Program tracking. o Develop GIS based platform to support NPDES Program o Develop GIS based platform to track chilled water lines, meters, and equipment. CW23-009 - Geographic Information System (GIS) Services 6 07 o Host accessible GIS data during the collection and quality control portion of the process and provide final data to the City. o Evaluation of existing GIS system and recommendations for future applications and improvements. Training o Provide on-site training for ArcView GIS Pro, ArcGIS Online, and the Mobile Collector application. o Provide training support documents / videos o Training schedule will be determined by the City Deliverables o Provide monthly reports outlining activities, status of data updates, new maps and applications. o Provide presentations to management and other staff on a scheduled basis to showcase progress. o Provide dashboards to track key metrics on all system contents. o Provide GIS data to third parties as directed by the City o Provide new maps and applications as requested PERFORMANCE WARRANTY The vendor shall guarantee all work, equipment and materials included in the service against any defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance, inspection and approval by City Representative only. If the vendor is notified in writing of a deficiency in the work provided, within one year from completion of the work, the vendor shall, at City's option, re -perform the work in question at no additional cost to City, or refund the original charges for the work in question to City, including the difference in cost if any, to re- perform the work if completed by another vendor. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. CW23-009 - Geographic Information System (GIS) Services 7 M REQUEST FOR PROPOSAL FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES RFP No. CW23-009 SECTION 2 — INSTRUCTIONS TO PROPOSERS 1. The City of Boynton Beach utilizes an electronic bidding system service for notifications and distribution of its solicitation documents, please visit Boynton-beach.bidsandtenders.net. 2. ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 3. Electronic Requests for Proposals (RFP's) shall be received by the bidding system no later than May 26, 2023, No Later Than 2:30 PM (Local Time). 4. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Proposer to have their RFP submittal submitted online. 5. Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addendum and any applicable attachment. 6. It is the responsibility of the Proposers to have received all Addenda that are issued. Proposers should check online at Boynton -beach. bidsandtenders. net prior to submitting their Bid and up until Bid closing time and date in the event, additional addenda are issued. 7. To obtain documents online please visit Boynton-beach.bidsandtenders.net. You can preview the RFP documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 8. Proposers are cautioned that the timing of their Submittal Submission is based on when the Submittal is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 9. For the above reasons, it is recommended that sufficient time to complete your RFP Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 10. Proposers should contact Bids & Tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Proposer advising that their bid was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support Qbidsandtenders.net. 11. Late Submittal Responses are not permitted by the Bidding System. CW23-009 - Geographic Information System (GIS) Services 8 07 12. To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposers to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 13. All expenses for making RFP responses to the City are to be borne by the Proposers. 14. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). 15. Each proposer, by submission of a proposal response, acknowledges that in the event of any legal action challenging the award of an RFP; damages, if any, shall be limited to the actual cost of the preparation of the PROPOSAL. 16. References to the term "bid" shall be construed to mean "proposal'. 17. As used in the Request for Proposal, the words proposer, bidder, and contractor may be used interchangeably and when so used, deemed to mean proposer. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. CW23-009 - Geographic Information System (GIS) Services 9 07 REQUEST FOR PROPOSAL FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES RFP No. CW23-009 SECTION 3 — GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The Proposer is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Proposer will in no way relieve Bidder of responsibility to adhere to such regulations. 2. RFP FORMS: The bidder will submit a bid on the bid forms provided. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. Proposals not submitted on appropriate price proposal forms may be rejected. All proposals are subject to the conditions specified herein this solicitation document. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFP: Proposal must contain an manual signature of a authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 5. RFP DEADLINE: It is the Proposer's responsibility to assure that the RFP is submitted electronically by or at the proper time and date prior to the RFP deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHT TO REJECT RFP: The City reserves the right to reject any or all RFP's , waive technical errors, or to accept any RFP's that are in part deemed to be the most responsive, responsible Vendor(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a Vendor's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreement/contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: CW23-009 - Geographic Information System (GIS) Services 10 07 A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity, or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 9. QUALIFICATIONS OF PROPOSER: The City will only consider solicitation responses from companies normally engaged in performing the type of work specified within the Contract Documents. Vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel, and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms, and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate an inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to a successful Vendor. Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 10. DISQUALIFICATION OF PROPOSER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Automatic disqualifiers are as follows: A. Not including an executed Bidder signature. B. Not being licensed to perform the required work or to provide the required product. C. Not being eligible to bid due to violations listed under Item No.38, "Public Entity Crimes." D. Not completing the Bid Submittal Forms as required. 11. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, descriptive literature, and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 12. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button CW23-009 - Geographic Information System (GIS) Services I I 07 for this specific BID no later than ten (10) days prior to the RFP deadline. Inquiries must reference the date by which the BID is to be received. 13. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. All Proposers must disclose with their proposal, the name of each of its employees, agents, or relatives who are employees of the CITY. The Proposer represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual, or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. A. The Bidder represents that it presently has no interest, either direct or indirect while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee, or agent of the CITY. B. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. C. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest, or other circumstance that may influence or appear to influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 14. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City CW23-009 - Geographic Information System (GIS) Services 12 07 its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 15. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 16. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e - Procurement system Boynton -beach. bidsandtenders.net, it is the responsibility of each Bidder to have received ALL addenda that are issued. Bidders should check online at Boynton- beach. bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event, additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and addenda have been issued, the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: A. make any required adjustments to their Bid; and B. acknowledge the addenda; and C. ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 17. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 18. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY". 19. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 20. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. CW23-009 - Geographic Information System (GIS) Services 13 07 21. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 22. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tender's final payment to the respondent. 23. GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 24. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 25. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list". 26. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 27. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 28. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers, and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants, and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or action. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees, and damages that may be incurred or sustained by the City by reason of the bidder's breach of any CW23-009 - Geographic Information System (GIS) Services 14 of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 29. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received, and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 30. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price, and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital, and equipment to carry out the required work within the time specified 31. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 32. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 33. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 34. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 35. PRICES, TERMS, AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally, the prices must be submitted in units of quantity whereby both unit price and the extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre -paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. CW23-009 - Geographic Information System (GIS) Services 15 All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 36. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 37. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions, and all instructions pertaining to the ITB. 38. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: A. Contain the Bidder's Federal Employer Identification Number. B. Clearly reference the subject Contract or Purchase Order number; C. Provide sufficient salient description to identify the goods or services for which payment is requested; D. Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or "final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 39. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at a lower price. 40. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment, and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 41. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 42. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the CW23-009 - Geographic Information System (GIS) Services 16 02 qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 43. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower -tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 44. 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 a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK(cb-BBFL.US 45. LOCAL BUSINESS PREFERENCE; The City of Boynton Beach Administrative Policy No. 10.16.01 CW23-009 - Geographic Information System (GIS) Services 17 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue -generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, the business entity which has maintained a permanent place of business with full-time employees within the City limits for a minimum of one (1) year prior to the date of issuance of this solicitation, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 46. DIRECT OWNER PURCHASES: Procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. 47. EQUITABLE ADJUSTMENT: The CITY may, in its sole discretion, make an equitable adjustment in the contract terms and conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: A. The volatility is due to causes wholly beyond the successful BIDDER's control; B. The volatility affects the marketplace or industry, not just the particular successful BIDDER'S source of supply; C. The effect on pricing or availability of supply is substantial; D. The volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Any adjust would require irrefutable evidence and written approval by the City Manager or designee. 48. SCRUTINIZED COMPANIES - 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 49. E -VERIFY: Contractor/ Progressive Design -Build Team 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: "Contractor / Progressive Design -Build Team" 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 CW23-009 - Geographic Information System (GIS) Services 18 such employer in exchange for a salary, wages, or other remuneration. "Contractor / Progressive Design -Build Team" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor / progressive design -build team or another subcontractor in exchange for a salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors / Progressive Design - Build Team, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor / Progressive Design -Build Team shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. All persons employed by a Contractor / Progressive Design -Build Team to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor / Progressive Design -Build Team to perform work pursuant to the contract with the City of Boynton Beach. The Contractor / Progressive Design -Build Team acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor / Progressive Design -Build Team 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/ Progressive Design -Build Team 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 / Progressive Design -Build Team 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 / Progressive Design -Build Team, the Contractor / Progressive Design -Build Team may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. CW23-009 - Geographic Information System (GIS) Services 19 02 BE REQUEST FOR PROPOSAL FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES RFP No. CW23-009 SECTION 4 - PROPOSAL SUBMISSION REQUIREMENTS SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this Request for Proposals. As such, the substance of the Proposal will carry more weight than their length, form or manner of presentation. The Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the Request for Proposals requirements. The selected Firm(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP in an expeditious and economical manner, consistent with the needs of the City. Additionally, the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFP. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing or business permits related to the Work specified herein. B. Detailed Proposal. Each of the 6 sections listed below shall be completed online through the e - procurement bidding system. C. 1. Letter of Interest The Letter of Interest shall summarize the Proposer's primary qualifications and a firm commitment to provide the proposed services. 2. Qualification/Experience of the Firm a) Complete and submit Proposer's Qualification Statement. b) Describe the Firms expertise in and experience with providing services similar to those required by this RFP. Describe previous experience relating to the scope of work requested in the RFP. Work performed for other governmental entities, particularly municipalities, describe time the firm was engaged and a list of accomplishments. Describe sub - consultants you propose to utilize to supplement your Firm's staff. C) A description of the primary individuals and responsible for supervising the work including the percentage of time each primary individual is expected to work on the projects. d) Resumes and professional qualifications of all primary individuals and identify the CW23-009 - Geographic Information System (GIS) Services 20 person(s) who will be the City's primary contact and provide the person(s') background, training, experience, qualifications and authority and contributions to this work. 3. Approach to the Scope of Services a) A description of your firm's standard approach / methodology for planning and managing GIS development, support, and maintenance of projects. b) A description of deviations from your standard approach, if any, that you are proposing for specific initiatives. Explain your rationale for any changes. C) A description of the process your firm will employ. Identify features of that approach which will allow your firm to act expeditiously. Expand upon your firm's access to personnel and other critical resources. Explain how you will staff task orders if your firm does not employ staff with all the skill sets necessitated by the work order. Explain how your firm will keep up with multiple task orders at the same time. d) A work plan, including tasks, dependencies, durations, and deliverables covering planning, preparation, recruitment, and roll-out activities. Specifically identify the length of time you will require between executed task orders and the start of activities. 4. Price Proposal Proposer must complete the Price Proposal Form which will input into the e -bidding system, Bids&Tenders*. The hourly rates must include all costs associated with the performance of the contract as a result of this RFP, and must include overhead, profits, lodging, meals, transportation, and all other materials and items, all proposing firms shall provide an hourly rate for listed possible positions that will be utilized, and include any additional positions (and attach job descriptions) that the Proposer recommends for providing the services detailed in this RFP PERSONNEL HOURLY RATE ADDITIONAL PERSONNEL CLASSIFICATIONS CLASSIFICATIONS Principal Project Manager GIS Manager GIS Analyst GIS Technician CAD Technician GIS Field Coordinator Clerical *1PIRII IE 11 I OPOSAII,,. IIII,,.II,,.IBllf;;: IINII�U"'F IIN"'ro "'rIHIE BIDDING Sl(S"'IiIEIM BIDS & "'r1EINDIE1RS'* ......................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................ CW23-009 - Geographic Information System (GIS) Services 21 5. References — Past Performance Provide a list of three (3) Florida public agencies references for similar Geographic Information System Services contracts for which the Proposer has completed or are in progress within the last ten (10) years with the following information: 1) Name of Agency, 2) Name of Project, 3) Address and 4) Contact Name, Email Address, and Telephone Number. The City is interested in learning of other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may applV no points for that protect experience. *Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. 6. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included in order for your submittal to be completed and accepted. a) Online Forms ❑ Price Proposal ❑ Confirmation of Minority -Owned Business ❑ Letter of Interest ❑ Local Business Certification ❑ References ❑ Schedule of Sub-Consultant/Sub-Contractor b) Upload Online ❑ Proposers Qualification Statement ❑ Qualifications / Experience of Firm ❑ Approach to the Scope of Services ❑ Anti -Kickback Affidavit ❑ Non -Collusion and Certification of Proposer ❑ Certification Pursuant to Florida Statute § 287.135 ❑ Professional Licenses / Permits / W-9 ❑ E -Verify Form ❑ Supplemental Information Relative to this RFP c) Online Acknowledgements ❑ Proposer acknowledgment ❑ Palm Beach County Inspector General ❑ Confirmation of Drug -Free Workplace ❑ Addenda acknowledgment CW23-009 - Geographic Information System (GIS) Services 22 REQUEST FOR PROPOSAL FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES RFP No. CW23-009 SECTION 5 — EVALUATION OF PROPOSALS EVALUATION CRITERIA A preliminary evaluation of each Proposal will be conducted by the City's Purchasing Agent or Designee through the City's electronic e -procurement bidding system Boynton -beach. bidsandtenders.net. This evaluation determines if the Proposal is responsive to the submission requirements as outlined in this solicitation based on the information provided about your firm. A responsive Proposal is one that follows the solicitation requirements, includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed non-responsive. The City will assemble an Evaluation and Selection Committee, herein referred as "Selection Committee" comprised of City staff, and outside consultant(s), if deemed necessary. The Committee will utilize the City's e -Procurement bidding system to electronically evaluate of all submittals based on the information provided and criteria as set forth in this solicitation. The selection of the best -qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP, and will be evaluated as follows: CRITERIA POSSIBLE POINTS 1. Qualifications / Experience of the Firm 30 2. Approach to the Scope of Services 30 3. Price Proposal 15 4. References 20 5. Local Preference 5 TOTAL 100 The Selection Committee may request discussions, interviews, or require presentations from the firms. The Selection Committee may establish equal time limits for all firms as necessary to facilitate its evaluation. If conducted and upon completion of the discussions, interviews, or presentations, the Committee will re-evaluate, re -rate, and re -rank the proposals based upon the evaluation criteria listed above. CW23-009 - Geographic Information System (GIS) Services 23 A Selection Committee meeting will be scheduled and publicly noticed. All Committee members scores will be electronically opened and read aloud for discussion. (Audience may not participate in discussions). Upon final ranking, the selection committee will make a motion for recommendation for an award, which will be submitted to the City Commission for approval. Upon approval by the City Commission, the City Manager will execute an agreement(s) based on the attached draft contract developed from this Request for Proposal. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. CW23-009 - Geographic Information System (GIS) Services 24 REQUEST FOR PROPOSAL FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES RFP No. CW23-009 SECTION 6 — SPECIAL CONDITIONS It will be the responsibility of the successful Proposer(s) to supply necessary labor for completion of services. The City by written notice may terminate in whole or in part any Contract resulting from this RFP invitation, when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 3. It shall be the responsibility of the successful Proposer(s) to maintain workers' compensation insurance, property damage, liability, professional liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 4. The City of Boynton Beach reserves the right, before awarding a Contract(s) to require a Proposer(s) to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Proposer, including past performance (experience) with the City in making the award in the best interest of the City. 5. The successful Proposer(s) shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful Proposer or its agent. 6. PERFORMANCE EVALUATION: The awarded Consultant(s) will receive a performance evaluation by City Staff on an annual basis to evaluate design professional performance for consideration in future projects. Exhibit "A" enclosed within this document illustrates a sample evaluation form used by the City for the various types of services provided by the Consultant. The Evaluation Form will be retained by the City with records on matters that shall include but not be limited to: 1) errors and/or omissions by way of recording all change orders identified as such, for the purpose of recovery for premium costs, 2) evaluate whether reimbursement of premium costs is appropriate and 3) evaluate design professional performance for consideration in future projects. CW23-009 - Geographic Information System (GIS) Services 25 00 APPENDIX "A" CW23-009 - Geographic Information System (GIS) Services 26 00 PROPOSER'S QUALIFICATION STATEMENT 111..111 III III a 4��""�m 1�...�„��' 11..�� 111....„w��„�� 111 III 111....111.... 111....111.. �� 111.. ,�'L� 111..�u 111 III 111....111.. III III„��' III h... 111.... III o.. II�� III �� III III ��'' III I„w�� „ M "4i,111.... III a �u III o.. ,��m 111....„��! ..�� 111.... III '''; 111111': III''illlll III'° Y III''illlll III'' C” IIIA III' ”" IIL...... IIIIIIIIII"" IIIIIIIIII aI II' M III'...°lu ui!'.;„;,m i!I„' IIIIIIIIII III ”" ”""" , Illlllli IIL...... III''illlll ...................................................................................................................................................................................................................................... The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Submitted By: Name: Address: CITY, State, Zip: Telephone No.: Fax No.: Email Address.: Check One Corporation Partnership Individual Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent: CW23-009 - Geographic Information System (GIS) Services 27 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Did you attend the Pre -Proposal Conference if any such conference was held? YES = NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) CW23-009 - Geographic Information System (GIS) Services 28 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number 1. Revenue Index Number 2. a. Government Related Work b. Non -Governmental Related Work Total Work a +b Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million CW23-009 - Geographic Information System (GIS) Services 29 00 10. 1 $50 million or greater 17. Bank References: Bank Address Telephone 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES = NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 22. What will be your turnaround time for written responses to City inquires? CW23-009 - Geographic Information System (GIS) Services 30 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. 26. Has the Proposer, its principals, officers or predecessors' organization(s) been Convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed CW23-009 - Geographic Information System (GIS) Services 31 00 (Title) Subscribed and sworn to before me This day of 12023 Notary Public (Signature) My Commission Expires: CW23-009 - Geographic Information System (GIS) Services 32 00 ANTI -KICKBACK AFFIDAVIT I IpM M M LWI M M M � � III IL.� IIL... III C 01 III M SR III' IIIIIIIIII III i C�'�� IIIM3 III'' I"' IIL...... IIIIIIIIII M IIIIIIIIII C II' M III' 'u illi!�' a �° IIIIIIIII m""M""CIII''3'� L...... IIIIIIIIII STATE OF FLORIDA SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. in Sworn and subscribed before me this day of , 2023 NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP NAME - SIGNATURE Printed Information: NAME TITLE COMPANY CW23-009 - Geographic Information System (GIS) Services 33 NON -COLLUSION AFFIDAVIT AND CERTIFICATION OF PROPOSER MI III M III M 01Ill..i IIL...coIWI IIL.. IIL... M IIL... IIL m, II M IIL. M M IIL. IIIA III M M IIL... IIL. III IIq III IL. IIL... III 6W III I SAL I A, III Am IIL... M C'I " 0 IIINJ S III I'^iC C IiS III' I"' IIL...... IIIIIIIIII M Mi"" A lllli3 IIL IIIIIIIII ...................................................................................................................................................................................................................................... State of County of 1) He is (Title) has submitted the attached RFP: , being first duly sworn, deposes and says that: of , the proposer that (Name of Corporation or Integrator) 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 6) BIDDER shall disclose below, to their best knowledge, any City of Boynton Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2022), who is an officer of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this procurement. Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. 7) Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award, whichever is applicable, with no time to cure. CW23-009 - Geographic Information System (GIS) Services 34 NAME Witnesses: BIDDER: Signed: Typed name: Name: Title: Typed name: Subscribed and sworn to before me This day of 2023 RELATIONSHIP Notary Public (Signature) My Commission Expires: (Signed) (Title) CW23-009 - Geographic Information System (GIS) Services 35 inn CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I I L. ........ lI„I W IIS I u IIL...... IIL....... C I. m Il!.! ICII I4 III. . L.........IR ...I I.,u c K, li IL. IIL....... C 0 IIN11 S h it Ilk III C G M ""Ilk ...................................................................................................................................................................................................................................... I, on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CW23-009 - Geographic Information System (GIS) Services 36 inn 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CW23-009 - Geographic Information System (GIS) Services 37 1002 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES M 111111III S MI � to Ill..illL....... +II�i, WIIiJIII IIL......IIL....... III i Ahfl1..) 1.M111':iflvMIII MI III L. III III I � �III�,CIIL.......IIIIII i„w III .� tt.mllL....... M �„,� 111..mIIL....... ......................................................... CmIIIM,''SIIIIII1111111111III'^C1111111111III C(”)IIISIII'I"'111......1111111111 M 1111111111 AII'MIII'..°N ui!'m;„;;„II„'1111111111 III"”"M""AIIII111iIIL......1111111111 ...................................................................................................................................................................................................................................... Project Name: GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES Solicitation No.: CW23-009 1. Definitions: "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. "Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should contractor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility,” as amended from time to 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. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CW23-009 - Geographic Information System (GIS) Services 38 inn e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ this day of I , by _ He/she is personally known to me identification. physical presence or ❑ online notarization, on behalf of or has produced as NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CW23-009 - Geographic Information System (GIS) Services 39 PRICE PROPOSAL "IPRIICIE IPII�OIP0SAII,,. IIII,,,,ll,,. IBIE IINIPU"'F IIIDro "'rHJE IBIIIDIDIING SY s"'rlEI ....... B..11 ID. "'rIEINIDIEli2S'"' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for the "GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES". The City of Boynton Beach reserves the right to select a vendor whose pricing is determined to be in the best interest of the City. The Price Proposal is to determine the personnel classification and hourly rate needed to perform the services in accordance with the specifications. The hourly rates must include all costs associated with the performance of the contract as a result of this RFP, and must include overhead, profits, lodging, meals, transportation, and all other materials and items, all proposing firms shall provide an hourly rate for listed possible positions that will be utilized, and include any additional positions (and attach job descriptions) that the Proposer recommends for providing the services detailed in this RFP. PERSONNEL HOURLY RATE ADDITIONAL PERSONNEL CLASSIFICATIONS CLASSIFICATIONS Principal Project Manager GIS Manager GIS Analyst GIS Technician CAD Technician GIS Field Coordinator Clerical *IPIi IICIE IPII�OIP0SAII,,. IIII,,,,Il,,. IBIE IINIPU"'F IIIDro "'rHJE IBIIIDDIING SYS"'rlEI ,...... B..11 ID. "'rIEINIDIEli2S'� ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, CW23-009 - Geographic Information System (GIS) Services 40 inn APPENDIX `B' IBIZZ129 CONTRACT AGREEMENT CW23-009 - Geographic Information System (GIS) Services 41 inn AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND [entity name] 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 a [type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of Florida, with a business address of , 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, parts, and materials related to the Geographic Information System (GIS) Services. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Geographic Information System (GIS) Services. 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 two (2) years, commencing on and shall remain in effect through . The CITY reserves the right to renew the agreement for three (3) one- 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. 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. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. 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. CW23-009 - Geographic Information System (GIS) Services 42 inn 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. 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 Agreement: 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. 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. CW23-009 - Geographic Information System (GIS) Services 43 inn 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 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 he 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. CW23-009 - Geographic Information System (GIS) Services 44 inn 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: ATTN: Address: Phone: Email: 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 CW23-009 - Geographic Information System (GIS) Services 45 ini 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 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 CW23-009 - Geographic Information System (GIS) Services 46 ini 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK CW23-009 - Geographic Information System (GIS) Services 47 ini IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of 12023. CITY OF BOYNTON BEACH FIRM Daniel Dugger, City Manager (Authorized Official Name), (Vendor) Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attest/Authenticated: Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Maylee DeJesus, City Clerk Secretary CW23-009 - Geographic Information System (GIS) Services 48 ini City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or hinder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate - $1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost CW23-009 - Geographic Information System (GIS) Services 49 ini EXHIBIT `A' SAMPLE PERFORMANCE EVALUATION CW23-009 - Geographic Information System (GIS) Services 50 ini rrm C E Etc a) c n 0> 3 c= c c L E y_m N N N Q) X. �El��o N =d X.. oU 0 W V1 1O� o V=+ Q L U U)(U w ycc 0 C C w C � a) -p Ocu �a a o L � 0 0 i C EQ V Q o C /� V a) w aa ro U C L 6 .0 N O Ln y.+ 4► R p L N t U O •� a) L 1:1 El1:1. �� p a) w w V t O6 � i 0,� OYo °��3 E -o° 0. 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Z � 0 "O Z� � O CL C � = �Q W c o y � 0 � a +' � � V � W o fn N p � N N� Q 7 m Z a m� U N � � ami rn� �� N -O C UCD p O � O � r C� C .� � o ° rii "' C O N O NEl O O C L � O c � O O 11 J 'U o C � N w �-o U r Z � C O C fC U � O O E _� C QCL U V K c f>E � N O U C`• C N � � p a O N L O ca (B O n O T N to C m N N N .O w � N T C f4 a) mQCL N � � > N N � N � V fL0 w '� V •� C � � O L d (p 0 O 0+ Q� � ; O O N y CO N > O d p � C N 6 >+ �l Y p L N � � O � C N � O U N E O E U 0 0 N Q- � �� V O N N � N _N U O E C V. (n N -00 p � O U O d� L � � � � � O C � � V O O � A (6 (n C N N � N L � �- N J U () U () f6 C O a+ � - � � � � � (6 � N C C (0 (6 (0 � � N (6 U Z > C C6 T O +' � ` C cp a C 7 O O O O Q O '6 O Q O C) U U U U cn = Q v v'�, �, � C N J m E -05 C U C M � In Cp rl: 0CIJ 6 O O N � N Z � IL Z � � W 0� om The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 1 Date : May 15, 2023 RFP No.: CW23-009 RFP Title: Geographic Information System (GIS) Services This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. Closing Date Remains Unchanged: Friday, May 26, 2023 2:00 PM Question 1: Can you please elaborate on the expectation for `Field Observations' under the 10th bullet on page 6 of the RFP? Is the City expecting the selected vendor to perform any field work to locate assets? Answer 1: In most cases, City staff will collect the data in the field and provide red -line markups for the vendor. During the QA/QC process, if the vendor or city staff find a conflict with the data or the info received from the field is unclear, the selected vendor may need to go out with city staff and observe how the data is being collected. Question 2: Is the City expecting most work to be done remotely except where noted in the RFP or onsite? 1018 Answer 2: We expect a 60/40 onsite and remote. We prefer onsite services available for training, meetings, progress updates, and QA/QC with most of the data updates and app creation done remotely. Question 3: Is the City expecting the selected vendor to perform any field work to locate assets? Answer 3: The City would prefer the selected vendor to be available to assist City staff in the field as needed; however, there may be times we request the vendor collect data. This will be rare but a possibility. Question 4: What is the underlying database used by the City to support its GIS (i.e., SQL Server, MySQL, File Geodatabase, Oracle)? Answer 4: SQL Server & Enterprise GeoDatbase (GOB) supports our GIS. Question 5: Has the City or is the City considering implementing the Esri Utility Network? Answer 5: The City is considering going to it once we implement ArcGIS Enterprise next year. Question 6: If the City is using ArcGIS, can it verify what version and what components (i.e., ArcMap, ArcGIS Pro, ArcGIS Enterprise, ArcGIS Online, ArcSDE and so on) have been implemented? Answer 6: The City uses ArcGIS Pro, ArcGIS Online, ArcSDE, and ArcMap. The City is transitioning away from ArcMap. We plan to add ArcGIS Enterprise next year. Question 7: It appears that the City is using Esri's ArcGIS Platform as the backbone for its GIS. Is this true? Answer 7: Yes Question 8: Can we provide write-ups for projects completed outside of Florida? Answer 8: Although projects in Florida are preferred. Yes, we will accept projects outside Florida. 1019 Question 9: What level of involvement from a Civil Engineer is the City looking for? Answer 9: On an as -needed basis for consultation and overview. Question 10: The mandatory Pre -Bid meeting seems to be in person and not online. After reading through the RFP, I was not able to discern if there was a way to attend the meeting remotely. Is that possible? We are an GIS company based in Portland, Oregon and it would not be feasible to attend in person at this time. Thank you in advance for letting me know. Answer 10: The City of Boynton Beach does not offer attendance virtually. Question 11: Can we attend the bidder's conference virtually? Answer 11: The City of Boynton Beach does not offer attendance virtually. If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 1020 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 2 Date : May 16, 2023 RFP No.: CW23-009 RFP Title: Geographic Information System (GIS) Services This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. Closing Date Remains Unchanged: Friday, May 26, 2023 2:00 PM Question 12: Although Request for Proposals #CW23-009 does not require the services of a professional engineer, many licensed professional engineering firms are uniquely qualified to provide Geographic Information System (GIS) Services. The professional liability insurance policies carried by these licensed professionals will cover the negligent acts of the professional in accordance with the applicable standard of care but contain various exclusions and limitations that may be negated by contract terms and conditions that require that engineer be held to a higher -than -normal standard of care. Will the City consider revising the following sections of the RFP to preserve the availability of the professional liability insurance required by the City? Indemnification/Liability The indemnification language in the Draft Services Agreement (Article 8) and the General Conditions (Paragraph 28) may jeopardize professional liability insurance coverage. Will the City consider those provisions with the following insurable language? "To the fullest extent permitted by law, Vendor agrees to indemnify and hold the City, its officers, agents and employees harmless from and against any and all liabilities, demands, claims, suits, 1021 losses, damages, causes of action, fines, or judgments, including costs, attorneys', witnesses', and expert witness' fees and expenses incident thereto, caused by the negligent acts, errors, mistakes or omissions by Vendor or Vendor personnel." Comment: Professional liability insurance policies will not cover indemnification clauses which require defense or broad indemnities outside the normal standard of care. Answer 12: The City will review all submitted proposals and make a recommendation for award to the highest -ranked responsible and responsive proposer. If the recommended firm requests to negotiate terms and conditions, the City would review. Question 13: If the Agreement is awarded to a professional engineering firm, will the City be willing to negotiate any terms that mayjeopardize the professional liability insurance required by the agreement? Answer 13: The City will review all submitted proposals and make a recommendation for award to the highest -ranked responsible and responsive proposer. If the recommended firm requests to negotiate terms and conditions, the City would review. Question 14: Warranty Performance The warranty language in Section 1, Scope of Work, may jeopardize the required insurance. Agreeing to such language may be viewed as constituting an express warranty or guarantee regarding the results to be achieved by the Vendor's services. If viewed this way, a claim may be specifically excluded from coverage by the "warranty" exclusion of the professional liability insurance policy. Will the City consider deleting the words "warrants" and replacing them with "agrees" since the contract will be for services only? Comment: Professional liability insurance is written on a "claims -made" basis and would be available for much longer than the one-year period stated in the contract. Answer 3: The City will review all submitted proposals and make a recommendation for award to the highest -ranked responsible and responsive proposer. If the recommended firm requests to negotiate terms and conditions, the City would review. Sincerely, City of Boynton Beach Financial Services 1022 Bid Number: CW23-009 Bid Name: Geographic Information System (GIS) Services Closing Date: 5/26/2023 2:30:00 PM Number of Submissions Received: 3 Evaluation: Start Date - End Date: 6/7/2023 9:00:00 AM - 6/15/2023 9:00:00 PM Consensus Meeting: 6/22/2023 1:30:00 PM EVALUATORS Name Stage 1. Kristeena Pinto Submittal Compliance 2. Karla Santiago Evaluation 3. Shiloh Toler Evaluation 4. Juan Cuesta Evaluation STAGES Number Name Type Weight N/A Submittal Compliance Compliance N/A 1 Evaluation Evaluation 100.00 Grand Total: 100.00 1023 SCORES Submittal Compliance Vendor Score CDM Smith Inc. Pass Jones Edmunds & Associates, Inc. Fail SAM Surveying And Mapping, LLC Pass 1 Evaluation Vendor Score EutEfl 00.00 CDM Smith Inc. 60.50 SAM Surveying And Mapping, LLC 63.50 CUMULATIVE SCORE RESULTS Rank Vendor Score out of 100.00 1 SAM Surveying And Mapping, LLC 63.50 2 CDM Smith Inc. 60.50 1024 W:j Consent Bids and Purchases over $100,000 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Amendment to Digitech Services. Requested Action by Commission: Amendment to increase the PO for Digitech Services for Fire Rescue EMS and Fire Inspection Billing to $150,000. Explanation of Request: To increase the PO for Digitech Services for Fire Rescue EMS and Fire Inspection Billing. The current PO is for $40,000 which does not cover the cost of services for the fiscal year. By increasing the PO to $150,000 the department will be able to cover the cost of services. How will this affect city programs or services? If the funds are not increased Digitech will place an hold on billing services. Fiscal Impact: Prior to the implementation of Digitech this was not a budgeted item. Attachments: Digitech Invoice.pdf 1025 0111 Dingintech 480 Bedford Rd, Building 600, 2nd Floor Chappaqua, NY 10514 PHONE: (914) 741-1919 Bill To: CITY OF BOYNTON BEACH FIRE RESCUE 2080 HIGH RIDGE RD BOYNTON BEACH, FIL 33426 I 15ate1 05/15/� age 1 10135 TIN# 11-2693136 Remit To: Digitech Computer, LLC. P.O. Box 734995 Chicago, IL 60673-4995 Please contact us to apply your unapplied payments and credits. Current Document Number 31 - 60 Days 61 and Over 91 - 120 Days Over 120 Days ] 13,652.35 16,875.80 Date 10,481.02 Reference /Purchase Order Code Original Amount Applied Amount lCurrentArnount Applied Item(s) 07111122 60002080 SLS $ 10,704.70 $ 2,592.34 08/24122 326531 PMT $ (8,112.36) 01106123 60002830 SLS $ 10,481.02 $ 10,481.02 03/07123 60003132 SLS $ 10,152.17 $ 10,152A7 04/06123 60003258 SLS $ 16,875.80 $ 16,875.80 05/11/23 60003455 SLS $ 13,652.35 $ 13,652,35 Amount Due $ 53,753.68 Please contact us to apply your unapplied payments and credits. Current 0-30 Days 31 - 60 Days 61 and Over 91 - 120 Days Over 120 Days ] 13,652.35 16,875.80 10,152.17 0.00 10,481.02 1 2,592.34 SLS = Sales / Invoices FIN = Finance Charges CR = Credit Memos RTN = Returns PMT = Payments DR = Debit Memos 7.0 Consent Bids and Purchases over $100,000 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Approve a purchase order for the Quantum Park Stormwater Cured -In -Place Pipe Lining Project. Requested Action by Commission: Approve and award the expenditure with Inliner Solutions, LLC as the lowest pre -qualified bidder as determined by review of bids submitted on June 6, 2023 for the Quantum Park Stormwater Piping Cure -In -Place Project in response to the request for bids for Cured -in -Place Pipe Lining, (Bid No. ITB 02-CIPP2-23) in the amount of $489,777.00 plus a 10% contingency of $48,977.70 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $538,754.70 based on unit costs provided by Inliner Solutions, LLC. Explanation of Request: On April 19, 2022, the Commission approved a list of three (3) pre -qualified contractors to perform Cured -in -Place Pipe (CIPP) Lining as a result of RFQ #UTL22-013. The intent is that when Utilities has a CIPP project, the three (3) pre -qualified contractors will be requested to submit informal bids from which one will be recommended to be awarded the contract. A informal request for bids was issued to the pre -qualified contracting firms to submit line item pricing to perform Cured -in -Place Pipe Lining (CIPP) of stormwater pipes in Quantum Park. CIPP lining is a trenchless method of placing a flexible lining into an existing pipe and utilizing heat and pressure to expand and cure the lining. The new CIPP lining will provide a barrier to minimize groundwater inflow and soil infiltration to existing stormwater pipes and pipe joints. Leaking pipe joints could potentially bring soil material into the pipe around the joint, which may cause depressions in roadway. The Scope of Work detailed in the request for Bid includes the following general items: Task 1- Pre -lining cleaning and video inspection, maintenance of traffic; Task 2- Pipe lining; Task 3- Post -lining video inspection. The selected Contractor will furnish all labor, materials, equipment, incidentals and appurtenances to complete the defined work as outlined in the Contract Documents. How will this affect city programs or services? Lining of Stormwater pipes will increase structural integrity and life cycle as well as improve the flow capacity of the pipe providing better level of service and less likelihood of pipe failure and potential road depression or cave-ins. Fiscal Impact: 1027 This is a budgeted item. The fiscal impact of $538,754.70 as a result of this approval and subsequent PO's is included in the current and proposed Utility budget. Funds for this repair service are available from the Utilities account number 403-5000-538 65.09 STM. Attachments: Inliner Solutions Bid 06.13.2023.pdf Quantum Park - Stormwater Piping CIPP Project - ITB 02-CIPP2-23 Bid Opening Tab Sheet.pdf Executed Contract R22-059 Cured -In -Place Pipe Lining - Granite InLiner.pdf R23-071- Assignment Agreement- Inliner Solutions, LLC formerly Granite Inliner.pdf 1028 LUSUMM City of Boynton Beach 100 E. Ocean Ave Boynton Beach, FL 33435 Inliner Solutions 4520 North State Road 37 Orleans, IN 47452 812.865,3232 My name is Denise C. McClanahan, and I am Executive Vice President of Inliner Solutions, LLC. I am authorized to negotiate, execute and/or attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company relating to any and all domestic construction projects arising out of the Company's operations. Company to Daniel Banken, Area Director with the Company, for the purpose of submitting a bid for the a bove- referenced project. Sincerely, #eII N nise C. McClaII nahan 1029 The City of Bornton Beach Procurement Services 100 E. Ocean Avenue BoYnton Beach, F1, 334.35 P. 0. Box 310 Boynton Beach, Florida, 33425-0.310 Telephone: (561) 742-6310 "Quantum Park — Stormwater Piping CIDP Project" Based on RFQ No.: UTL22-013 Pre -Qualified Contractors for Cured -In -Place Pipe Lining (CIDP)" F_Hiblqrolm�� Daniel Banken, Area RiLre_qtor PRINT NAME OF REPRESENTATIVE Inliner Solutions, LLC 06/13/2023 NAME OF COMPANY DATE 02-CIPP2-23 — Quantum Pari( - Stormwater RX -1 Page V 2 1030 The City of * BoEnton Beach Procurement Services 100 E. Ocean Avenue Bovnton Beach, FG 33435 P. O. Box 310 Bqvwon Beach, Florida, 3342.5-0.310 Telephone. (561) 742-6310 "Quantum Park - Stormwater Piping CIPP Project" Based on RFQ No.: UTL22-013 Pre -Qualified Contractors for Cured -in -Place Pipe Lining (CIPP), &-JW-.TA all 0 L0171 14:4 01tJ:q JA F413• Daniel Banken, Area Director PRINT NAME OF REPRESENTATIVE Z -t 4, A — V 1"T I _E Inliner Solutions, LLC 06/13/2023.__ NAME OF COMPANY DATE 02-CIPP2-23 -Quantum Park - Stormwater Page 12 1031 The City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boonton Beach, FL 33435 P. O. Bax 310 Braunton Beach, Florida, 3342.5-0310 Telephone: (561) 742-6310 "Quantum Park — Stormwater Piping CIDP Project" Based on RFQ No.: UTL22-013 Pre -Qualified Contractors for Cured -In -Place Pipe Lining (CIDP)" r.T_03"1T1 r$lnlrlpzojw RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 3 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Daniel Banken. Area Director PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE Inliner Solutions. LLC 06/13/2023 NAME OF COMPANY DATE 02-CIPP2-23 — Quantum Park - Stormwater Page 13 1032 1033 1,6 - r. u N OD R"°as N ' �` C14a '^60, - J to to to fib' LU 0 :L II N C14 m ift 61* C LL U- U. L- U. LL IL. LL, LL r yCD co q C4 Q II � f r aai U, C "'P �aC rui uj cel„ C..�� °w rz i r "' " w i, �" �uu w a w Cb W- ;," , tu C at GAB w w C1. 6L z Ck "" pCz E ol w W IJ1 w �q 0➢ E E w w4 ,. pay. 4..iM �,@�.^p^,, W.J yy �� "��YY��yy� w LL µµ�� ¢¢ a m��p pp�up A.Y�N LL^� w U. LL py U. 1033 1034 Uj C a C14 y 0 0 0cc 6q t6 t4 to 69 C p C ] a Uj .” a K y ;„� . < L g m 8„ E Lo a kn Y & ;, .,. .10 psi C m ,d d, w a U � � 40 e 0 . d. w T a C3 wj GP8 u- 0 Zug GP u j i C cr caso w u a -2 w !, CL w ex 0 . U� Mm CL Lv a 8n. 4,.m ,� . � " '' „ o &. U. ppryry� m (� CL Wrl IVra P +gyp V) Iw LL CL R S9yprwyy Cc q �� pp' 0 ey_E� y�_.y dw �""n piµ r 3 M'tl 'R 0 °.% WD ..w...W CL LD p+^Qupj^y p�j WW�"p.+. �rvy wy� fl ca y�W�y pk ca �III01 C"1 „.. ......... .µµ.. .......... ............ ......w .........«... . ..... ... IN a 1034 On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926,650, as Florida's own standards. The Proposer, by virlue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards, Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT To BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, It NT1YT I BID DOCUMENTS, Inliner Solution LLC Name of op r Authorized Signature of Proposer Daniel Banken, Area Director *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method ---- 11 [IS PAGE Nit iS-Flll: Still N41 1`1 H) AWNG WITI I PROPOSAL IN OI FOR PACKAGF. 1'0 fit: CONSINIR I'D COMPLE I'F AND ACCIA) I"ARI'l I QUANTUM PARK-STORMWATER PIPING CPP PROJECT TRENCH SAFETY ACT AFFIDAVIT Page 166 of 178 1035 M Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1, Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H,A. or the State. Xs Me pUrson alTnTrIzED Yo sign W bdrnen Wirin UT111,F1 requirements. Ail H- NATURT"""" ORIZED G HII S PAGI: MUS IAII'SUBMITIT'D ALONG WIFIf PROPOSAL IN ORDFR FOR PACKAOF'10 BECONSID1 RFD C0MPH:TL AND ACCT H ABLF, QUANTUM PARK-STORMWATER PIPING CIPP PROJECT SAFETY PROGRAM COMPLIANCE Page 167 of r78 1036 In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1 The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract-, and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications, and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314: and I 1IM11161 WINONA, 116MM"" 1111116106 M, 6. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness� and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and THIS PAGI, NAU") 1 131 SUBMI I"TED ALONG W[ ITI PROPOSAL IN ORDI:R FOR PACKAGF, F0 BEONSIMIRLD CO'kil"ITTF AND ACCITTABIT, QUANTUM PARK - STORMWATER PIPING-CIPP PROJECTJINAL - REV WARRANTIES Page 168 of 178 1037 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11, The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, segqrk on this 13 day of June 2023. (SEAL) CONTRACT R� LU: Z: may Al By :r ATTEST. Daniel Banke -Area Director -�"iy I ........... Proposal Coordinator Edna Tinis . t DER FOR PACKAGE 1'0 fit CONSIDI RID THIS PA(&MUS FBE SUBMIl I FIT) MA NG WI I'll PROPOS A , I N 0R CO-MIJITITFAND ACCFIT'l ABLE QUANTUM PARK - STORMWATER PIPING -CBPP PROJECT—FINAL- REV WARRANTIES Page 169 of 178 1038 ... . .. ... . . . ....... c 72 > 0 c 0 16 a. 0 m C3 ua CIO CN 0 as 0 E 0. w m W w 0 n " .E "!-- 0oi M 10 Ile 0 Q) Lj 0 a. (L — 0) z CL 0 w Z (D cra a (D 0 < cn — a. w CL C4 0 c 0 ® z o c C4 0 0 u E 00 < W (L M m a- a) 9 m 04 CD W c LL 0 M .5; CL 0 o 0 If CS g -Cao 0 m m w m m 0 C3 Qi LLi cn M 75 m ui cs m 0 0- tiE 0 (D 015 CL 0-0 m w D E C 7 a. z 0 M c 0 0 CCL 0 co y a) (n tel CY 0 -0 C C4 0 4) M (n 0 u L> m ui (D >,A�2 m 0 In z 0 0 u 0 CL Wo 0 0 , 0 0 �-= CL :� 0 0- -C 0 M'= 0) C -0 0 0 m m < ui 0 C 00 x CL of a) 0 m < '0 u �tz 1 2 E _w c OL C' -6 c 2 0 0 0 0 m m C z z 1039 BASED OFF - REQUEST FOR QUALIFICATION (RFQ) UTL22-013 - PRE -QUALIFIED CONTRACTORS FOR CURED IN PLACE PIPE LINING (CIPP) Quantum Park - Stormwater CIPP Project BID OPENING DATE: 6/6/2023 BID OPENING TIME: 3:00 P.M. BID No.: ITB 02-CIPP2-23 "offers from the vendors listed herein ere the only offers receivetl timely as of the above receiving date and time. Al other offers submitted in response to this sdicilauon, if zny, are hereby rejected es late" VENDORS Inti ner Solutions. LLC(formerly Granite lnfiner) nsihkun TechndWI- LLC(Aegion) Gulf Coast Underground, LLC(GCU) 2531 J-1 Lene 580 Godderd Avenue 5655 Middle Roed Sanford, FL 32771 Chesterfield. MO c3005 Theodore, Alabama 35582 Contact: John Sunderman (Business Development): Eve Tinis (Proposal Coardlnator)', Mark Cessinerl (Estimator) : Danks C. Contact: Diene P.Oddge (Contreding end AJ.At g Officer)', Kenny McClanahan (Executive V- President) Boeh (Commercial Manager)', Encs Taylor (Sales Administrator) Contact: Boyd Hlrtz. Vlca President', Ryan Hogenmlller, Estlmelor/Profect Engineer Phone'. 407-472-0014 Phone'. 6363508650 phone'. 251-725-0200 Email: John.sunderman@puriscorp.com', eve.[inis@puriscorp.com Email: dpadridge@aegion.com', insituformsales@zegion.corr mark.cassineri@puriscorp.com kboeh@aegionco Email: ddavis@gJfcoasfunderground.com BID PACKAGE SUBMITTED ELECTRONIC BY EMAIL YES YES NO Did not submit bid SCHEDULE OF BID ITEMS $489,777.00 $599,884.19 ACKNOWLEDGE ADDENDUM NO. 1-No.3 YES YES SAFETY PROGRAM COMPLIANCE Included Included WARRANTIES Included Included CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 NO YES YES SCHEDULE OF SUB -CONTRACTOR N/A - All Scopes of Work Will be Self -Performed. N/A- Al Scopes of Work will be Self -Performed. WARRANTY OF TITLE Included Included STATEMENT OF NO BID N/A N/A COMMENTS 1040 P, 2";2 - cc'—q AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR CURED -IN-PLACE PIPE LINING, THIS AGREEMENT is entered into by and 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, FIL 33435, hereinafter, referred to as "CITY", and GRANITE INLINER, LLC, authorized to do business in the State of Florida, wrth a business, address of 2531 Jewett )...ane, Sanford, Florida 3,2771, hereinafter referred to as, the "CONTRACTOR". The Contractor is retained by the City to perform cured -in-place piipe, fining in connection with the RFQ FOR CURED -IN-PLACE PIPE LIN IING; RFQ No.: UITL22-013, This Agreement applies to the performance of Cured-ln-Place Pope Lining, projects, which are projects, that consist of installing cured -in-place pipe finer using a resin-irnpregnated flexible tube imiethod that is formed to the originall conduit by use of hydrostatic pressure. Rehabilitations wilt be made to, the City's Wastewater arid existing Stormwater Systems, The Cured -Nn -Place Pipe Lining (CIPP) projects shalt be initiated by the City UP0111 issuance of a detailed solicitation and shall Ibe advertised to alI pre- qualiffied Cured -in -Place Pipe Mining (CIP,P) Contractors, As needed!, a Bid will be issued: ouffining the scope of services for specific task(s). The work will be performed on an as -needed basis at various tocations thiroughout the City of Boynton Beach and extended wastewater and storrnwater service area. No project Linder this contract shall require a bid, payment, or performance bond unless specifically noticed un the solicitation Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and a written Notice to Proceed. The award of bid wilt be based upon the pre -qualified Contractor's competitive proposal submittal, Work performed under Rhus Agreement shalt be in accordance with, the follownng Boynton Beach Utilities Standard Contract and Construction documents, 3,1 Request for Qualifications/Brd Document 3.2 Notice to Proposers 3,3 RFC/Bid Forms (inClUding the RFQ Docurnent, Bid, Scope of Service(s), Information Required i of Proposer, and a,il required certificates, affidavits, and other docurnentation, 3A Contract 3,5 Contractor's Performance and Payment Bond 3,6 GeneralConditions for Construction 3.7 Special / Supplementalt Conditions 3,8 Technical Spe6fications 3,91 City Construction Standards and Details (available ontine at: www,bgynton- beach/water, Laiiihes/new-GUIStr UCtk) 1) PM ----------- ------- - -- --------- - ------ 1-- ----- -- -------------------- ---------- 10,IJ Nu U ) t 2:-o[3 Vq)v I mmg M 1041 110 Drawing�s specific to each project 3,11 Addendum No, 1 & Addendum No �11610101=1AZU01:4L Work under this agreement shall cornmence upon written notice Iby the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services, and provide all work products required pursuant to this agreement Upon written notice to proceed, This, Agrearnent shall commence upon Commission approval and shall be valid for an initial terns of three (3) years, The City of Boynton each nliay renew the contract with the same terms and conditilons, for two (2) one-year renewall periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City, At the City's request, the Firm shall continue services beyond the final expiration data as approved by the City Manager or. City Comirnission, Such extension(s) shall not exceed a six-nionth period. Payment for the work provided by CONTRACTOR shall be made promptly on all Applications for Payment / Invoices submitted to the City properly, provided that the total amiDUnt of payment to CONTRACTOR shalli not exceed the total contract price witholut express written modification of the Agreement signed by the City Manager or designee, The City will pay the CONTRACTOR for the performance of the work that is completed to date in accordance with the contract price at the lurnp sum or unit prices presented by the CONTRACTOR and accepted by the City, 6A The CONTRACTOR may subrrift invoices to the City once per rnont1t) dUringi the progress of the work for partial payment for the project completed to date, Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved, 6,2 Final payment of any balance due to the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainrnent and verification by the City after the cornpletion of the work under this CONTRACT and its acceptance by the City, 6.3 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 6A The CONTRACTOR'S records and: accounts pertaining to this CONTRACT are to be kept avaflable for inspection by representatives of the City and State, for a period of three (3) years after the termination of the CONTRACT- Copies shall be made available upon request, 6.5 The City may withhold, in whole or in part, payment to such extent as rnay be necessary to protect itself frorn loss on account of; 6,51 Defective Work not rernedied. 6,5,2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR, 653 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 6r5 4 Damage to another CONTRACTOR not remedied, 6,5.5 V.iquidiated, Damages and costs incurred by the City for extended RKI No U] 122-013 Curol h I 111LIVC Pqm", hmnt; it wr'IP 38 1042 construction administration, FAIMIN M ely 07117,71 77117:7 or surety, sausiactTry to will protect the City in the amount withheld, payment may be made in whole or in part, CONTRACTOR warrants all work, materials, and equipment shall be free frorn damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Agreement, The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, arid/or workmanship within twelve (1 2) month period All documents, drawings, specifications, and other materials produced by the Firm in connection with the services rendered Under this Agreement shaH be the property of the City whether the project for which they are made is executed or not, The Firm shall be permitted to retain copies, including reproducible copies of drawings and specifications for information, reference, and use in connection with the Firm's endeavors. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. — 0 11 CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents, and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or, death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR It INSURANCE: The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with 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, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured"' and shall include a provision prohibiting cancellation of said po�licy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (1 r) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by SUCII policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of liability. Contractor shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Contractor acknowledges that the City is relying on the competence of the Contractor to design the project to meet its functional intent If it is RPQ No U r 122 Ml, Cmed-b)-rliave Npe I mmp (C'1141� 1043 determined during construction of the project that changes must be made due to Contractor's negligent errors and omissions, Contractor shall promptly rectify them at no cost to City and shall! be responsible for addrtionial costs, if any, of the project to, the proportional extent caused by such negligent errors or omissions The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing: in this agreement shall be considered to create the relationship of ernployer and employee between the parties hereto, Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall riot be responsible for withholdling or otherwise deducting federal incorne tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer' with respect to CONTRACTOR, or any employee of CONTRACTOR. 13, COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that he has riot ernployed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, 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 sol'ielly for the CONTRACTOR, any fee, cornmission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award, or rnaking 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 If a Contractor is awarded a contract as a, result if this solicitation, Contractor will, if Contractor has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awardled in accordance with the terms and conditions of the Request for Qualifications and resulting award. 11 1 ; I 1 111 I'll 0 . 0 The CONTRACTOR, with regard to the work, perforn-red by it under this agreement, will not discriminate on the grounds of race, colior, national ol 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. 16, ASSIGNMENT: The CONTRACTOR shall riot sublet or assign any of the services, covered by this Agreement without the express written consent of the City. IMM 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, a. The City reserves the right to terminate this, Agreement at any time by giving ten (10) days written notice to the CONTRACTOR, b. In the event of the death of a member, partner, or officer of the CONTRACTOR, or any, of its supervisory personnel assigned to the project, the surviving members of the Ifl t,) Niii I 11 11,22.-01 ; Cwwddi�-Phcc hin I inHig WIPP� In 1044 CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 19 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, •H 11115! 1111112 1111 R I I I i:i I! I P I I I! I I I I 1 1 !1! 111! 111 1111 1 Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following'. I "NA This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR 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 CONTRACTOR. Sealed documents received by the City in response to an invitation are exempt frorn 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 11'9.07'. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shaW A. Keep and maintain public records required by the CITY to perform the servim 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 frorn public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies Of Such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and R[QNo,IJI,22-0H Is 1045 D Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systerns of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33436 661-742-6061 GIBSON.g �BBFLMS 23, E -VERIFY: 23.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below, 23.1.1 Definitions for this Section: A. "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 a salary" wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant B. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another, subcontractor in exchange for a salary, wages, or other remuneration. C "E -Verify systern" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employer's to electronically verify the employment eligibility of newly hired employees. 23.1 .2 Registration Requirement, Termination: Pursuant to Section 448,095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor, shall register for and utilize the U.S, Department of Homeland Security's Fµ Verify System to verify the employment eligibility of: A All persons employed by a Contractor to perform employment duties within Florida during the term of the contracto and S. All persons (including sub.vendo,rs/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. R [ Q N(,) UJ L2 2 - 0 ➢ 3 Cured tn-Phwc hpe hnkng ((11 11) 42 1046 C. The Contractor shall comply with the provisions of Section 448,095, Fla. Stat., "Employment Eligibility," as arriencled 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, Conti -actor 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 irnmediatejy. Any challenge to termination Linder, 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, By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not or) the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract, The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287135, Florida Statutes, as amended from firne to time. 25. MISCELLANEOUS: 25.1' Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida, Any legal action arising from the terms of this Agreement shall be submitted to a Court of competent juirsdiction located in Palm Beach County 25,2 No assignment by a party hereto of any rights Linder or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without Such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 253 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, Successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents, RFQ No Ut 1,22-00 Cmed 1n41bhkc Pyc t,ming (C[1111a 1047 25.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and Court costs, except as otherwise provided under the indemnification provisions set forth herein above 25,5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all Suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement, 25,6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement 257 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable, 25.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of thls, Agreement, and it constitutes the fLJII and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreernent shall govern then the solicitation, and then the bid proposal. 25,9 This Agreement will take effect once signed by both parties This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective Upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery, 261 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits pool - workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement CITY shall be the sole judge of non-conformance and the quality of workmanship. 26,2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this; Agreement by CONTRACTOR, 262,1 The abandonment of t'he project by CONTRACTOR for a period of more than seven (7) business days 26,2,2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee 262.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where Such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR" provided, however, that if the nature of CONTRACTOR's default is Such that snore than seven (7) days are reasonably required for its Cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such Cure to completion. kFQ No IJ] 122-013 Cmed InTkice hp c L"mig ((A I'll M 1048 26,2A The assignment and/or transfer of this Agreement or, execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly pemiitted hereunder. 2625 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement Linder any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession Of Substantially all of CONTRACTOR's assets, or for CONTRACTOR's, interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) clays; for, attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 26,3 Remedies in Default, In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement, The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perfomi services under the Agreement, at its own cost and expense 26.31 Upon Such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that Would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services Linder the Agreement. 26,32 CITY may complete the Agreement, or any part thereof, either by day labor, use Of a Subcontractor-, or by re -letting a contract for the sarin, and proCUre the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of sarne to CONTRACTOR and/or the Surety together with the costs incident thereto to such default, 263,3 In the event CITY completes the Agreement at a lesser, cost than Would have been payable to CONTRACTOR Linder this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY, 26 15 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR falls to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar ('14) days of the receipt by CONTRACTOR Of Such notice from CITY. R F 0 No U1 122-01 ; Gowd- I n HacQ Veli ^ I in ing (Ct [It' � M 1049 "T greement will taike effect once signed by both parties. Thiis Agreement may be signed by A facsimile signature shall constitute an original signature for all purposes.' IIN WITNESS WHEREOF, the parties have hereunto set their hands, and! seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract, in multiple copies, each ,if which shall be considered! an original on! the following dates. - day of fNA V'1% (4 DATED this -� —1-- CITY YNTON BEACH efftffe, City Manager Daniel Banken, Attest/Authenticated: RFQNoXTL22-013 C'mal-hi-Placc Pipe UniT44 (CIPP) District Manager Title %'.'j %'NATI #It, INLI May 1, 2(102 z Attest/AuthenMtw ,--wi tn e S --s el Cannon 46 1050 NUIM��- Under the terms and conditions of all contracts, leases, and agreernents, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured This is done by providing a Cerlificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance cornpan' es providing insurance coverages must have a ourrent rating by AM Best Co, of "B+" or higher, (NOTE: An inswance contract or binder may be accepted as proof of insurence if Certificate is provided upon selection of vendor'.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the kinits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) ------------------------- -.1. --- ---------- —1-- ............ 1---1-----.1 ------ ----------- -------- -- -------- General Liability General Aggregate $ 1,000,000 00 Commercial General Liability Products-Cornp/Op Agg $ 1,000,000,00 Oviners & Contractors Protective (OCP) Personal & Adv, Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med Expense (any one person) $ 5,00000 Promises Operations Undel'grWnd Explosion & Collapse Products Cornpleted Operations Contractual Independent Contractor's Fire Legal Liabilfty Professional Liability AUtOmobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Aggregate - $ 1,000,000.010 Combined Single, Limit $ 1,000,000 00 --- I - — --- — -------- — ---------- -- --- — -- -------------- — ---- — --- — ----------------------------------------- — ----- — --- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be deteirnined Worker's Compensation Statutory Limits Ernpioyers Liability Property� Horneowners Revocable Permit Builder's Risk Installation Floater, Other - As Risk Identified to be determined iNSURAW F AIMSORY Each Accident $ 1,000,000 00 Disease, Policy Limit $ 1,000,000 00 Disease Each Employee $ 1,000,000,00 $ 300,000,0�O LiMits based on Project Cost Limits based on Project Cost Rcu tsed 4f202 1 1051 N� �J' A r,`1#� 1 WMAI, 3, Of NITA This Temporary Authorization is made pursuant to, and in accordance with, GMS FOA001 Limits of AUthodt Prot du 1. ("Procedure"), The undersigned authorizes and appoints the Inkner Area Manager & District Managertosign bid documents, on behalf of:Granite Inliner, LLC, rata to but not exceeding $2M. This authority is subject to the terms and conditions of the Policy, the firmts of authority granted to the Undersigned pursuant to Such Policy, the MA -GD -001 Limits of AuthorityMLMix (Exhibits A & B & C ) and all other applicable GMS policies, Dated: _1_1_2D22_ - Authorizing Individual: 44 Print Name: Denise C. McClanahan Instructions: Form to b This form ma be usgA_12,AI to si mature aerthorjty fc,r a kai0 uIdqdi!m n elerLt(gnic bid_. -L� comments se an executed copy Granite Monagement System (GMS) roan # FOA -F-005 Page I of I Me printed version of this docurnent is uncw trolled, Eflective Date: 12122120 Version No,: 2 The current version is stoped in electronic fomwt, Approved: TreaSLJI'er; VP, General Counsel 1052 RESOLUTION NO. COMPANY/FIRM3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE 5 ASSIGNMENT AGREEMENT CHANGING THE FROM «4 TO INLINER SOLUTIONS, 7 AGREEMENT IS BASED ON SERVICES PROVIDED FOR REQUEST FOR QUALIFICATION « Q NO.UTL22-013 CURED -IN-PLACE PIPE LINING 9 PRE -QUALIFIED CONTRACTORS; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, on * 2022 iResolution R • Commission approved the 13 authorization of the Interim City Manager to sign contracts with 3 pre -qualified top ranked • i i *i *i i. i 16 WHEREAS, the City entered into the contract with Granite Inliner, LLC; and 17 WHEREAS, the City has been notified that Granite Inliner, LLC is now known as Inliner 19 WHEREAS, the City Commission has determined that it is in the best Interests of the 20 residents of the City to approve and authorize the City Manager to sign the Assignment 21 Agreement changing the company/firm name from Granite Inliner, LLC to Inliner Solutions, 22 LLC. The Agreement is based on services provided for Request for Qualification RFQ No. 1111100,11 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 M . "` M S (A RFS0 greem&Yw AM,,gnnu mt Atttm¢n wo (ffih ner Sglumorum) - FIIw docn 1053 29 Section 2. The City Commission does hereby approve and authorize the City 30 Manager to sign the Assignment Agreement changing the company/firm name from Granite 31 ln|ineCLLC h]InUn8rSolutions, LLC. The Agreement is based Dnservices provided for Request 32 for Qualification RFO No. UTL22-013 Cured -In -Place Pipe Lining pre -qualified contractors, a 33 copy of the Assignment Agreement is attached hereto and incorporated herein as Exhibit "A". 34 Section 3. This Re 35 36 PASSED AND AD(}PTE 37 38 38 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 64 55 56 K4ay| [] s6s,K4 K4C 67 City Clerk \~} / 58 59 80 (Corporate Seal) Gi 62 83 (kt 64 65 solution shall become effective immediately upon passage. Othis 6th day ofJune, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor —TvPenserga Vice Mayor — Thomas Turkin CoOlrDiSsioner—Angela Cruz [Ommissioner—VVoodrowLHay Commissioner -Aimee Kelley am Michael D.CiruUc\Jr. �=11111011 1! 121111 11111111 iiI G! 11,01101�� Jan 1� WAW^w Fner 11411111,1 Inliner Solutions 4520 North State Road 37 Orleans, IN 47452 1wimmiffm My name is Denise C, McClanahan, and I am Executive Vice President of Inliner Solutions, LLC, I am authorized to negotiate, execute and/or attest electronic and paper documents and c(o,intracts macessar;4*r the c*n4wet7w)f the Gtm;#,aiiy's affairs=�+Yith ros�,,ect t+ Oie sAmisskII a;�-* execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company relating to any and all domestic construction projects arising out of the Company's operations. Further, under Company policy, I am authorized to and hereby delegate my authority to bind the Company to Daniel Banken, Area Director with the Company, for the purpose of submitting a bid for the above -referenced project. MRS= P(AAA, kOAL4� Denise C, McClanahan Executive Vice President Inliner Solutions, LLC. 1055 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Qualifications — Cured-In-Pilace Pipe Lining RFQ # UTI -22-013 DOW= WHEREAS, the Assignor entered into the Contract with the City on April 19, 2022; and, WHEREAS, the Assignor now wishes to assign all its rights and obligations under the Contract to Assignee; and, WHEREAS, the "ASSIGNMENT" section Article 16 in the Contract between the City of Boynton Beach and Granite Inliner, LLC requires express written consent of the City to assign this Contract; and, WHEREAS, the Assignee represents that it can assume and fully perform the Assignor duties under the Contract. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Contract shall be amended as follows: 1. The above recitals are hereby incorporated into this Agreement, 2. The Assignee accepts and agrees to be bound by and fully perform all of Assignor's Contract obligations, duties, and responsibilities, and to abide by all terms and conditions specified in the Contract in the name of Assignor, 3. The Assignee agr6es to assume all obligations and liabilities of, and all claims against, the Assignor under the Contract as if the Assignee was the original party to the Contract. 4. The Assignor waives all rights under the Contract as of the effective date of this Agreement, 6. The Parties agree that this Agreement operates as an assignment of the Contract, establishing a new contractuai relationship entered into by and between the City and Assignee. 6. The City consents to the assignment. The City, in executing its consent to this Agreement, does not release Assignor from any claims or remedies it may have against Assignor arising prior to the effective date of the assignment of the Contract. 7. The Assignee, by this Agreement, becomes entitled to all rights, titles, and interests of the Assignor in and to the Contract as if the Assignee were the original party to the Contract. 8. The effective date of this Agreement shall be the date of the final signature to this Agreement. fD066485713(*-9001821) 1056 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Qualifications — Cured-ln-Place Pipe Lining RFQ # UTL22-013 9. This Agreement is hereby made a part of this Contract. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control, All other terms of the Contract remain in full force and effect. 10. This Agreement sets forth the understanding between the Parties regarding the subject matter hereof. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective Party. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 12. This Agreement shall be governed by, and construed in accordance with, Florida. This Agreement may be executed in any number of counterparts, deemed an original and all of which together shall constitute one and Facsimile and pdf signatures shall be considered to be originals, f005�857 I 3;76.WXI 821 ) t 1057 ASSIGNMENT AGREEMENT RFQ # UTL22-013 Uff 5V -11V — 715cy YW V e Teu nis sreemen representatives. By: Name: Daniel Dugger Title: City Manager Date:-_, kt , Z-) .3 . .... . .... Assignee: I r /,�i' ti By: Title: Area Director 1058 P, 2";2 - cc'—q AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR CURED -IN-PLACE PIPE LINING, THIS AGREEMENT is entered into by and 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, FIL 33435, hereinafter, referred to as "CITY", and GRANITE INLINER, LLC, authorized to do business in the State of Florida, wrth a business, address of 2531 Jewett )...ane, Sanford, Florida 3,2771, hereinafter referred to as, the "CONTRACTOR". The Contractor is retained by the City to perform cured -in-place piipe, fining in connection with the RFQ FOR CURED -IN-PLACE PIPE LIN IING; RFQ No.: UITL22-013, This Agreement applies to the performance of Cured-ln-Place Pope Lining, projects, which are projects, that consist of installing cured -in-place pipe finer using a resin-irnpregnated flexible tube imiethod that is formed to the originall conduit by use of hydrostatic pressure. Rehabilitations wilt be made to, the City's Wastewater arid existing Stormwater Systems, The Cured -Nn -Place Pipe Lining (CIPP) projects shalt be initiated by the City UP0111 issuance of a detailed solicitation and shall Ibe advertised to alI pre- qualiffied Cured -in -Place Pipe Mining (CIP,P) Contractors, As needed!, a Bid will be issued: ouffining the scope of services for specific task(s). The work will be performed on an as -needed basis at various tocations thiroughout the City of Boynton Beach and extended wastewater and storrnwater service area. No project Linder this contract shall require a bid, payment, or performance bond unless specifically noticed un the solicitation Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and a written Notice to Proceed. The award of bid wilt be based upon the pre -qualified Contractor's competitive proposal submittal, Work performed under Rhus Agreement shalt be in accordance with, the follownng Boynton Beach Utilities Standard Contract and Construction documents, 3,1 Request for Qualifications/Brd Document 3.2 Notice to Proposers 3,3 RFC/Bid Forms (inClUding the RFQ Docurnent, Bid, Scope of Service(s), Information Required i of Proposer, and a,il required certificates, affidavits, and other docurnentation, 3A Contract 3,5 Contractor's Performance and Payment Bond 3,6 GeneralConditions for Construction 3.7 Special / Supplementalt Conditions 3,8 Technical Spe6fications 3,91 City Construction Standards and Details (available ontine at: www,bgynton- beach/water, Laiiihes/new-GUIStr UCtk) 1) PM ----------- ------- - -- --------- - ------ 1-- ----- -- -------------------- ---------- 10,IJ Nu U ) t 2:-o[3 Vq)v I mmg M i "1*1 110 Drawing�s specific to each project 3,11 Addendum No, 1 & Addendum No �11610101=1AZU01:4L Work under this agreement shall cornmence upon written notice Iby the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services, and provide all work products required pursuant to this agreement Upon written notice to proceed, This, Agrearnent shall commence upon Commission approval and shall be valid for an initial terns of three (3) years, The City of Boynton each nliay renew the contract with the same terms and conditilons, for two (2) one-year renewall periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City, At the City's request, the Firm shall continue services beyond the final expiration data as approved by the City Manager or. City Comirnission, Such extension(s) shall not exceed a six-nionth period. Payment for the work provided by CONTRACTOR shall be made promptly on all Applications for Payment / Invoices submitted to the City properly, provided that the total amiDUnt of payment to CONTRACTOR shalli not exceed the total contract price witholut express written modification of the Agreement signed by the City Manager or designee, The City will pay the CONTRACTOR for the performance of the work that is completed to date in accordance with the contract price at the lurnp sum or unit prices presented by the CONTRACTOR and accepted by the City, 6A The CONTRACTOR may subrrift invoices to the City once per rnont1t) dUringi the progress of the work for partial payment for the project completed to date, Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved, 6,2 Final payment of any balance due to the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainrnent and verification by the City after the cornpletion of the work under this CONTRACT and its acceptance by the City, 6.3 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 6A The CONTRACTOR'S records and: accounts pertaining to this CONTRACT are to be kept avaflable for inspection by representatives of the City and State, for a period of three (3) years after the termination of the CONTRACT- Copies shall be made available upon request, 6.5 The City may withhold, in whole or in part, payment to such extent as rnay be necessary to protect itself frorn loss on account of; 6,51 Defective Work not rernedied. 6,5,2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR, 653 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 6r5 4 Damage to another CONTRACTOR not remedied, 6,5.5 V.iquidiated, Damages and costs incurred by the City for extended RKI No U] 122-013 Curol h I 111LIVC Pqm", hmnt; it wr'IP 38 1060 construction administration, FAIMIN M ely 07117,71 77117:7 or surety, sausiactTry to will protect the City in the amount withheld, payment may be made in whole or in part, CONTRACTOR warrants all work, materials, and equipment shall be free frorn damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Agreement, The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, arid/or workmanship within twelve (1 2) month period All documents, drawings, specifications, and other materials produced by the Firm in connection with the services rendered Under this Agreement shaH be the property of the City whether the project for which they are made is executed or not, The Firm shall be permitted to retain copies, including reproducible copies of drawings and specifications for information, reference, and use in connection with the Firm's endeavors. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. — 0 11 CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents, and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or, death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR It INSURANCE: The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with 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, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured"' and shall include a provision prohibiting cancellation of said po�licy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (1 r) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by SUCII policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of liability. Contractor shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Contractor acknowledges that the City is relying on the competence of the Contractor to design the project to meet its functional intent If it is RPQ No U r 122 Ml, Cmed-b)-rliave Npe I mmp (C'1141� 1061 determined during construction of the project that changes must be made due to Contractor's negligent errors and omissions, Contractor shall promptly rectify them at no cost to City and shall! be responsible for addrtionial costs, if any, of the project to, the proportional extent caused by such negligent errors or omissions The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing: in this agreement shall be considered to create the relationship of ernployer and employee between the parties hereto, Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall riot be responsible for withholdling or otherwise deducting federal incorne tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer' with respect to CONTRACTOR, or any employee of CONTRACTOR. 13, COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that he has riot ernployed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, 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 sol'ielly for the CONTRACTOR, any fee, cornmission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award, or rnaking 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 If a Contractor is awarded a contract as a, result if this solicitation, Contractor will, if Contractor has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awardled in accordance with the terms and conditions of the Request for Qualifications and resulting award. 11 1 ; I 1 111 I'll 0 . 0 The CONTRACTOR, with regard to the work, perforn-red by it under this agreement, will not discriminate on the grounds of race, colior, national ol 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. 16, ASSIGNMENT: The CONTRACTOR shall riot sublet or assign any of the services, covered by this Agreement without the express written consent of the City. IMM 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, a. The City reserves the right to terminate this, Agreement at any time by giving ten (10) days written notice to the CONTRACTOR, b. In the event of the death of a member, partner, or officer of the CONTRACTOR, or any, of its supervisory personnel assigned to the project, the surviving members of the Ifl t,) Niii I 11 11,22.-01 ; Cwwddi�-Phcc hin I inHig WIPP� In 1062 CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 19 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, •H 11115! 1111112 1111 R I I I i:i I! I P I I I! I I I I 1 1 !1! 111! 111 1111 1 Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following'. I "NA This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR 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 CONTRACTOR. Sealed documents received by the City in response to an invitation are exempt frorn 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 11'9.07'. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shaW A. Keep and maintain public records required by the CITY to perform the servim 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 frorn public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies Of Such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and R[QNo,IJI,22-0H Is 1063 D Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systerns of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33436 661-742-6061 GIBSON.g �BBFLMS 23, E -VERIFY: 23.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below, 23.1.1 Definitions for this Section: A. "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 a salary" wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant B. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another, subcontractor in exchange for a salary, wages, or other remuneration. C "E -Verify systern" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employer's to electronically verify the employment eligibility of newly hired employees. 23.1 .2 Registration Requirement, Termination: Pursuant to Section 448,095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor, shall register for and utilize the U.S, Department of Homeland Security's Fµ Verify System to verify the employment eligibility of: A All persons employed by a Contractor to perform employment duties within Florida during the term of the contracto and S. All persons (including sub.vendo,rs/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. R [ Q N(,) UJ L2 2 - 0 ➢ 3 Cured tn-Phwc hpe hnkng ((11 11) 42 1064 C. The Contractor shall comply with the provisions of Section 448,095, Fla. Stat., "Employment Eligibility," as arriencled 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, Conti -actor 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 irnmediatejy. Any challenge to termination Linder, 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, By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not or) the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract, The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287135, Florida Statutes, as amended from firne to time. 25. MISCELLANEOUS: 25.1' Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida, Any legal action arising from the terms of this Agreement shall be submitted to a Court of competent juirsdiction located in Palm Beach County 25,2 No assignment by a party hereto of any rights Linder or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without Such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 253 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, Successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents, RFQ No Ut 1,22-00 Cmed 1n41bhkc Pyc t,ming (C[1111a 1065 25.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and Court costs, except as otherwise provided under the indemnification provisions set forth herein above 25,5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all Suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement, 25,6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement 257 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable, 25.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of thls, Agreement, and it constitutes the fLJII and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreernent shall govern then the solicitation, and then the bid proposal. 25,9 This Agreement will take effect once signed by both parties This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective Upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery, 261 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits pool - workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement CITY shall be the sole judge of non-conformance and the quality of workmanship. 26,2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this; Agreement by CONTRACTOR, 262,1 The abandonment of t'he project by CONTRACTOR for a period of more than seven (7) business days 26,2,2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee 262.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where Such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR" provided, however, that if the nature of CONTRACTOR's default is Such that snore than seven (7) days are reasonably required for its Cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such Cure to completion. kFQ No IJ] 122-013 Cmed InTkice hp c L"mig ((A I'll M 1066 26,2A The assignment and/or transfer of this Agreement or, execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly pemiitted hereunder. 2625 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement Linder any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession Of Substantially all of CONTRACTOR's assets, or for CONTRACTOR's, interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) clays; for, attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 26,3 Remedies in Default, In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement, The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perfomi services under the Agreement, at its own cost and expense 26.31 Upon Such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that Would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services Linder the Agreement. 26,32 CITY may complete the Agreement, or any part thereof, either by day labor, use Of a Subcontractor-, or by re -letting a contract for the sarin, and proCUre the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of sarne to CONTRACTOR and/or the Surety together with the costs incident thereto to such default, 263,3 In the event CITY completes the Agreement at a lesser, cost than Would have been payable to CONTRACTOR Linder this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY, 26 15 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR falls to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar ('14) days of the receipt by CONTRACTOR Of Such notice from CITY. R F 0 No U1 122-01 ; Gowd- I n HacQ Veli ^ I in ing (Ct [It' � M 1067 "T greement will taike effect once signed by both parties. Thiis Agreement may be signed by A facsimile signature shall constitute an original signature for all purposes.' IIN WITNESS WHEREOF, the parties have hereunto set their hands, and! seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract, in multiple copies, each ,if which shall be considered! an original on! the following dates. - day of fNA V'1% (4 DATED this -� —1-- CITY YNTON BEACH efftffe, City Manager Daniel Banken, Attest/Authenticated: RFQNoXTL22-013 C'mal-hi-Placc Pipe UniT44 (CIPP) District Manager Title %'.'j %'NATI #It, INLI May 1, 2(102 z Attest/AuthenMtw ,--wi tn e S --s el Cannon 46 i IIII-TI-1 NUIM��- Under the terms and conditions of all contracts, leases, and agreernents, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured This is done by providing a Cerlificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance cornpan' es providing insurance coverages must have a ourrent rating by AM Best Co, of "B+" or higher, (NOTE: An inswance contract or binder may be accepted as proof of insurence if Certificate is provided upon selection of vendor'.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the kinits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) ------------------------- -.1. --- ---------- —1-- ............ 1---1-----.1 ------ ----------- -------- -- -------- General Liability General Aggregate $ 1,000,000 00 Commercial General Liability Products-Cornp/Op Agg $ 1,000,000,00 Oviners & Contractors Protective (OCP) Personal & Adv, Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med Expense (any one person) $ 5,00000 Promises Operations Undel'grWnd Explosion & Collapse Products Cornpleted Operations Contractual Independent Contractor's Fire Legal Liabilfty Professional Liability AUtOmobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Aggregate - $ 1,000,000.010 Combined Single, Limit $ 1,000,000 00 --- I - — --- — -------- — ---------- -- --- — -- -------------- — ---- — --- — ----------------------------------------- — ----- — --- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be deteirnined Worker's Compensation Statutory Limits Ernpioyers Liability Property� Horneowners Revocable Permit Builder's Risk Installation Floater, Other - As Risk Identified to be determined iNSURAW F AIMSORY Each Accident $ 1,000,000 00 Disease, Policy Limit $ 1,000,000 00 Disease Each Employee $ 1,000,000,00 $ 300,000,0�O LiMits based on Project Cost Limits based on Project Cost Rcu tsed 4f202 1 1069 N� �J' A r,`1#� 1 WMAI, 3, Of NITA This Temporary Authorization is made pursuant to, and in accordance with, GMS FOA001 Limits of AUthodt Prot du 1. ("Procedure"), The undersigned authorizes and appoints the Inkner Area Manager & District Managertosign bid documents, on behalf of:Granite Inliner, LLC, rata to but not exceeding $2M. This authority is subject to the terms and conditions of the Policy, the firmts of authority granted to the Undersigned pursuant to Such Policy, the MA -GD -001 Limits of AuthorityMLMix (Exhibits A & B & C ) and all other applicable GMS policies, Dated: _1_1_2D22_ - Authorizing Individual: 44 Print Name: Denise C. McClanahan Instructions: Form to b This form ma be usgA_12,AI to si mature aerthorjty fc,r a kai0 uIdqdi!m n elerLt(gnic bid_. -L� comments se an executed copy Granite Monagement System (GMS) roan # FOA -F-005 Page I of I Me printed version of this docurnent is uncw trolled, Eflective Date: 12122120 Version No,: 2 The current version is stoped in electronic fomwt, Approved: TreaSLJI'er; VP, General Counsel 1070 Consent Bids and Purchases over $100,000 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Resolution No. R23-092- Approve Award of Bid No. UTL23-026 for the 36 -inch Raw Water Transmission Main Repair. Requested Action by Commission: Approve Award of Bid No. UTL23-026 for the 36 -Inch Raw Water Transmission Main Repair Project and authorize the City Manger to sign a contract with and issue a purchase order to the lowest responsive and responsible bidder Murphy Pipe Contractors LLC of Jacksonville, Florida in the amount of $2,971,255.00 plus a 10% contingency of $297,125.50 for staff approval of change orders for unforeseen conditions (if needed) for a total expenditure of $3,268,380.50, and approve a Utility Capital Improvement Fund (403) budget transfer. Explanation of Request: On May 10, 2023, Purchasing Services issued a Bid for the 36 -inch Raw Water Transmission Main Repair project with a mandatory pre-bid and site visit meeting held on May 17, 2023 in order to review the project with interested and qualified contractors. The purpose of the bid was to obtain the services of a qualified contractor for the rehabilitating of approximately 1,800 linear feet of existing 42 -inch HDPE raw water transmission main by compression sliplining with 36 -inch HDPE pipe and disinfect the entire raw water transmission main from the West Water Treatment Plant to the East Water Treatment Plant. On June 5, 2023, Purchasing received and opened a total of two (2) bids proposals for Bid No. UTL23-026 for 36 -Inch Raw Water Transmission Main Repair project. The two (2) bids were accepted and evaluated. The bid proposals and supplemental information were reviewed by Purchasing Services and AECOM the engineer of record, which were provided by Murphy Pipe Contractors LLC. Based on the reference reviews, and bid review evaluation of all the information provided as well as the specific project experience qualifications criteria established in the bid documents, Purchasing Services, City Staff, and AECOM recommend the project be awarded to Murphy Pipeline Contractors LLC as the apparent lowest most responsive, responsible bidder with a bid amount of $2,971,255.00. The bid's grand total ranged from $2,971,255.00 to $3,988,025.00. VENDOR NAME JBID TOTAL 1071 Murphy Pipeline Contractors LLC $2,971,255.00 David Mancini & Sons $3,988,025.00 How will this affect city programs or services? This project will repair the existing 36 -inch raw water transmission main (RWTM) located along Woolbright Road that was previously damaged by a geotechnical firm performing soil borings to support a proposed FDOT roadway improvement project. The repair will be done using the compression slip lining technique and will restore raw water capacity for treatment at East Water Treatment Plant. Fiscal Impact: The total authorized funding for the project including the requested 10% contingency is $3,268,380.50. Funding is available in the Utilities CIP account. Budget transfers are requested to complete the project funding, as follows: 1. Transfer $2,000,000.00 from 403-5000-533-65.02 WT23xx Repair / Replacement of Damaged Raw Water Main to 403-5000-533-65.02 WT2202 Raw Water Main Repair / Replace. 2. Transfer $1,000,000.00 from 403-5000-533-65.02 WT23xx MIEX Resin at East WTP to 403-5000-533-65.02 WT2202 Raw Water Main Repair / Replace. 3. Transfer $300,000.00 from 403-5000-533-65.02 WT2102 West WTP Membrane & Train Replacement - Construction to 403-5000-533-65.02 WT2202 Raw Water Main Repair i Replace. Attachments: R23-092 Award_Bid_and_Contract_for_36-inch_Raw_Water_Main_repair Murphy_- _Reso. pdf 36in CF Contract Signed by Murphy Updated.pdf UTL23-026 BidAnalysis Compliance Check.pdf Cost Analysis UTL23-026.pdf Murphy Pipeline Contractors LLC - UTL23-026 - Proposal.pdf Award Letter.pdf 1072 1 RESOLUTION NO. R23-092 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 4 AWARD OF BID NO. UTL23-026 FOR THE 36 -INCH RAW WATER 5 TRANSMISSION MAIN REPAIR PROJECT AND AUTHORIZE THE CITY 6 MANAGER TO SIGN A CONTRACT WITH AND ISSUE A PURCHASE ORDER 7 TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER MURPHY PIPE 8 CONTRACTORS LLC OF JACKSONVILLE, FLORIDA IN THE AMOUNT OF 9 $2,971,255.00 PLUS A 10% CONTINGENCY OF $297,125.50 FOR STAFF 10 APPROVAL OF CHANGE ORDERS FOR UNFORESEEN CONDITIONS (IF 11 NEEDED) FOR A TOTAL EXPENDITURE OF $3,268,380.50, AND APPROVE 12 A UTILITY CAPITAL IMPROVEMENT FUND (403) BUDGET TRANSFER, AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, on May 10, 2023, Purchasing Services issued a Bid for the 36 -inch Raw 16 Water Transmission Main Repair project with a mandatory pre- bid and site visit meeting 17 held on May 17, 2023 in order to review the project with interested and qualified 18 contractors; and 19 WHEREAS, the purpose of the bid was to obtain the services of a qualified contractor 20 for the rehabilitating of approximately 1,800 linear feet of existing 42 -inch HDPE raw water 21 transmission main by compression sliplining with 36 -inch HDPE pipe and disinfect the entire 22 raw water transmission main from the West Water Treatment Plant to the East Water Treatment 23 Plant; and 24 WHEREAS, on June 5, 2023, Purchasing received and opened a total of two (2) bids 25 proposals for Bid No. UTL23- 026 for 36 -Inch Raw Water Transmission Main Repair project 26 which were accepted and evaluated; and 27 WHEREAS, Based on the reference reviews, and bid review evaluation of all the 28 information provided as well as the specific project experience qualifications criteria 29 established in the bid documents, Purchasing Services, City Staff, and AECOM recommend the 30 project be awarded to Murphy Pipeline Contractors LLC as the apparent lowest most 31 responsive, responsible bidder; and 32 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 33 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 34 approve award of Bid No. UTL23-026 for the 36 -Inch Raw Water Transmission Main Repair 35 Project and authorize the City Manager to sign a contract with and issue a purchase order to 36 the lowest responsive and responsible bidder Murphy Pipe Contractors LLC of Jacksonville, 37 Florida in the amount of $2,971,255.00 plus a 10% contingency of $297,125.50 for staff 38 approval of change orders for unforeseen conditions (if needed) for a total expenditure of 39 $3,268,380.50, and approve a Utility Capital Improvement Fund (403) budget transfer. 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 41 OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Award Bid And Contract For 36 -Inch Raw Water Main Repair (Murphy) - Reso.Docx -1- 1073 42 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 43 as being true and correct and are hereby made a specific part of this Resolution upon 44 adoption. 45 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 46 approves award of Bid No. UTL23-026 for the 36 -Inch Raw Water Transmission Main Repair 47 Project and authorize the City Manager to sign a contract with and issue a purchase order to 48 the lowest responsive and responsible bidder Murphy Pipe Contractors LLC of Jacksonville, 49 Florida in the amount of $2,971,255.00 plus a 10% contingency of $297,125.50 for staff 50 approval of change orders for unforeseen conditions (if needed) for a total expenditure of 51 $3,268,380.50, and approve a Utility Capital Improvement Fund (403) budget transfer. A copy 52 of the Contract is attached hereto and incorporated herein as Exhibit "A". 53 Section 3. That this Resolution shall become effective immediately. 54 55 PASSED AND ADOPTED this 18th day of July, 2023. 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor - Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Award Bid And Contract For 36 -Inch Raw Water Main Repair (Murphy) - Reso.Docx -2- 1074 CONSTRUCTION CONTRACT EXISTING 36" RAW WATER TRANSMISSION MAIN REPAIR THIS AGREEMENT is entered into by and 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 Murphy Pipeline Contractors, LLC a [type of entity: corporation] authorized to do business in the State of Florida, with a business address of 12235 New Berlin Rd, Jacksonville, Florida 32226, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related the [title of project]; and, WHEREAS, at its meeting of July 18, 2023, by Resolution, the CITY Commission approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.: UTL23-026. NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all labor, materials, and equipment and perform all the necessary services in the manner and form provided in the CITY's solicitation (herein referred to as "WORK") entitled: Bid No.: UTL23-026 EXISTING 36" RAW WATER TRANSMISSION MAIN REPAIR. Article 2. CONSULTANT. CITY of Boynton Beach ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion of the WORK in accordance with the Contract Documents. 3.1 Contract Time. The WORK will be substantially completed within = [one hundred twenty] calendar days from the effective date of this Agreement, when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within M calendar days from the date of Substantial Completion. 3.2 Termination for Convenience. This Agreement may be terminated by CITY for convenience, upon providing fourteen (14) business days of written notice to CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall be paid its compensation for services performed till the termination date, including services reasonably related to termination. In the event that CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination. 3.3 Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR Bid No. UTL23-026— Existing 36" Raw Water Transmission Main Revised 4/2023 C-1 L0 I- 0 T 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 CONTRACTOR of written notice of such neglect or failure. 3.4 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, [One Thousand Five Hundred l Dollars ($1,500.00) for each day of that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY [Three Hundred Seventy l Dollars 370.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. wolf] CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Two Million Nine Hundred Seventy -One Thousand Two Hundred Fifty -Five Dollars and Zero Cents (Written) $2,971,255.00 (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, Bid No. UTL23-026— Existing 36" Raw Water Transmission Main C-2 Revised 4/2023 in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty(30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. 5.7 All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VI I, Chapter 218, Florida Statutes. I -Neo] •: _: ► CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Request for Bid 7.2 Instructions to Proposers / Bidders 7.3 Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of Proposer / Bidder, and all required certificates, affidavits, and other documentation) 7.4 Contract Bid No. UTL23-026 — Existing 36" Raw Water Transmission Main Revised 4/2023 C-3 7.5 CONTRACTOR's Bid Bond, Performance and Payment Bond 7.6 General Conditions for Construction 7.7 Special Terms and Conditions 7.8 Attachment A — AECOM Technical, Inc. — Signed & Sealed Technical Specifications 7.9 City Construction Standards and Details (available online at: ities/.n_ew- gon s.t n,� ctio 01) ri structg _Qfj qng4iee 1!1.0qgaLrti ent- pgblic-works@ngine Aririg-,division 7.10 Appendix Entitled: • Appendix A - AECOM Technical Services, Inc. — Signed & Sealed Bid Set Drawings • Appendix B (Record Drawings) — AECOM Technical Services, Inc.; Erdman Anthony; Wantman Group, Inc. (WGI), Brown and Caldwell, DE Dover Engineering; Filippelli Surveying, Inc. ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (561) 742-6000 And if sent to the CONTRACTOR shall be mailed to: Murphy Pipeline Contractors, LLC Attn: Taylor Morris; Richard Crow 12235 New Berlin Road Jacksonville, FL 32226 Contact No. 904-764-6887 or 904-764-6774 rn L .__, E_Ma_'U 12—raw—a—MULE U11J Article 9. INDEMNITY. 9.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents, instrumentalities, and the State of Florida, Division of Emergency Management from 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 or resulting from the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its employees, agents, servants, partners, principals or subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR 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. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. Bid No. UTL23-026— Existing 36" Raw Water Transmission Main C-4 Revised 4/2023 00 I,- 0 T_ 9.2 CONTRACTOR's aggregate liability shall not exceed the proceeds of insurance required to be placed pursuant to this Agreement, plus the compensation received by CONTRACTOR. 9.3 Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 9.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. 9.5 Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. 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 a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 11.01 Keep and maintain public records required by the CITY to perform the service; 11.02 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, Florida Statue or as otherwise provided by law; 11.03 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession once the CONTRACTOR transfers the records in its possession to the City; and, 11.04 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR's possession. All records stored electronically by CONTRACTOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Bid No. UTL23-026 — Existing 36" Raw Water Transmission Main Revised 4/2023 C-5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 git Ie .0 Article 12. E -VERIFY. 12.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 12.1.1 Definitions for this Section: A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "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. 12.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. 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 Bid No. UTL23-026— Existing 36" Raw Water Transmission Main Revised 4/2023 C-6 0 0 0 T 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. Article 13. SCRUTINIZED COMPANIES. By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. Proposer further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the CONTRACTOR of the City's determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 14. MISCELLANEOUS. 14.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 14.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 14.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 14.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 14.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. Bid No. UTL23-026 — Existing 36" Raw Water Transmission Main Revised 4/2023 Ca V- 00 0 T 14.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 14.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. 14.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 14.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. Article 15. DEFAULT OF CONTRACT & REMEDIES. 15.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 15.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 15.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 15.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 15.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. 15.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. Bid No. UTL23-026— Existing 36" Raw Water Transmission Main Revised 4/2023 C-8 N O O T 15.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 15.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 15.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 15.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 15.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 15.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. SIGNATURE PAGE FOLLOWS Bid No. UTL23-026— Existing 36" Raw Water Transmission Main Revised 4/2023 C-9 M O O T "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this 10th day of July CITY OF BOYNTON BEACH Daniel Dugger, City Manager 2023. MURPHY PIPELINE CONTRACTORS, LLC k,g (Signature), Company Andrew Mayer Print Name of Authorized Official Assistant Secretary Title Notary Public State of Florida A Vicki A., Majercin ism 3 5 8 My Commission HH 335782] 1H Expires 11/28/2:026 Attest/Authenticated Approved as to Form: Michael D. Cirullo, Jr. Office of the City Attorney Attested/Authenticated: Maylee De Jesus, City Clerk .040�v,l Z' Witness Taylor Morris Print Name Bid No. UTL23-026— Existing 36" Raw Water Transmission Main C-10 Revised 4/2023 1084 UTL23-026 - Existing 36" Raw Water Transmission Main Repair - Overview of Specifications and Schedule of Prices *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted In response to this solicitation, If any are hereby rejected as late. Bid Due Date: June 5, 2023 Bid Due Time: 2:30 P.M. Bid Complaint Check Schedule/Specifications Murphy Pipeline Contractors DEC 12235 New Berlin Rd Jacksonville, FL 32226 Contact: Richard Crow; Ed Steele Contact # 904-764-6887; Cell: 954-254-7898 Email: richard.crow@murphypipelines.com; eds@murphypipelines.com DAVID MANCINI & SONS 2601 Wiles Road Pompano Beach, FL 33073 Contact: Fabio Angarita Contact # 954-977-3556 Email: fangarita@dmsi.com; bids@dmsi.com BID PROPOSAL AMOUNT $2,971,211-10$3,988,925.00 Bid Form Yes- Included Yes - Included Bid Bond Yes - Included Yes - Included Bidder's Qualification Statement Yes - Included Yes - Included Anti -Kickback Affidavit Yes - Included Yes - Included Non -Collusion Affidavit of Proposer Yes - Included - None Yes - Included - None Certification Pursuant to Florida Statute § 287.135 Yes- Included Yes - Included Warranties Yes- Included Yes - Included Trench Safety Act Affidavit Included -Trench Boxes (1)Unit (4)Qty ($2,000)Unit Price ($8,000)extended price; Trench Shoring (2)Unit (15)Qty ($500)Unit Price ($7,500)Extended Price Included -Trench Bax (1)LS (1)Qty ($10,000)Unit Price ($10,000)Extended Price E -Verify Form Under Section 448.095 Florida Statutes Yes- Included & Verified 6/12/2023 Yes - Included & Verified 6/12/2023 Bidder's Site Inspection Confirmation Form Yes - Included Yes - Included Addendum 1 Acknowledged Acknowledged Professional Licenses State of FL Department of Business & Professional Regulation (door) Construction Industry Licensing Board - Underground Utility & Excavation Lic # CUC1223787 Exp. 8/31/23; State of Louisiana State License Hingway, street and bridge construction, municipal and public avorks construction, sepcialty pipe work sewer, specialty pipe work water lines exp 3/7/24 State of FL Department of Business and Professional Regulation (dbpr) Construction Industry Licensing Board - Underground Utility & Excavation Lic # CUC044220 Exp 8/31/24; State of FL Department of Business General Contractor Lic # CUC1506008 Exp 8/31/24 Confirmation of Minority Owned Business N/A N/A Letter of Interest Yes Yes Local Business Status Certification N/A N/A References Yes -Included Yes - Included Subcontractors None Yes (1) - Centerline Directional Drilling Services Resumes Included Included Professional Experience Included Included Business Tax Licenses Broward Cty Local Business Tax Receipt # 189-272548 exp 9/30/23 Deerfield Beach Business Tax Receipt # 2023-466097 exp 9/30/23; Broward Cty Local Tax Receipt 9180-300656 exp 9/30/23; Receipt # 189-238757; SUNBIZ Verification Verified 6/12/23 Verified 6/12/23 COMMENTS: Res one Time: Turn around time for written res o es2da s Response Time: Within 3 business days ; Equipment istinc u e ; FDOT Certificate Included Subtotal Contract Amount: $2,9'7I.,255.00 $3,988,025.00 Electronic Opened By: Bids & Tenders on June 5, 2023 @ 2:30 P.M. Compliance Tabulation By: Taralyn Pratt, Contract Administrator on 6/8/2023 1085 UTL23-026 - Existing 36" Raw Water Transmission Main Repair - BID PROPOSAL COST ANALYSIS - EXISTING 36" RAW WATER TRANSMISSION MAIN REPAIR Murphy Pipeline Contractors LLC Submission 1 DAVID MANCINI & SONS Submission 1 SCO1025 Section DESCRIPTIONUQ ANITY UNIT UNIT PRICE VALUE UNIT PRICE VALUE 1.11.6 Mobilization/Demobilization Bonds Insurance General Requirements. Contractor shall be limited to a maximum of six percent (6%) of the total bid price. 1 LUMP SUM 150,000.00 150,000.00 238,000.00 238,000.00 1.11.0 Maintenance of Traffic (MOT) Plan 1 LUMP SUM 66,730.00 66,730.00 150,000.00 150,000.00 1.11.D As -Built Record Drawings 1 LUMP SUM 40,300.00 40,300.00 28,000.00 28,000.00 1.11.E Professional Pre -and Post- Construction Photographs and Video of 1 LUMP SUM 12,600.00 12,600.00 10,000.00 10,000.00 1.11.E 1 Indemnification 1 LUMP SUM 1 25.00 25.00 25.00 25.00 1.11.6 11compression Sliplining of Existing 42 -Inch HDPE Raw Water Transmission 1 LUMP SUM 2,520,000.00 2,520,000.00 3,200,000.00 3,200,000.00 1.11.H Restoration of West Sliplining Pit 1 LUMP SUM 65,350.00 65,350.00 130,000.001 130,000.00 1.11.1 Restoration of East Sliplining Pit 1 LUMP SUM 15,000.00 15,000.00 130,000.00 130,000.00 1.11.1 Disinfection of Entire Raw Water Transmission Main 1 LUMP SUM 101,250.00 101,250.00 102,000.00 102,000.00 Subtotal: 1 $2,971,255.00 $3,988,025.00 1086 UTL23-026 - Existing 36" Raw Water Transmission Main Repair Opening Date: May 10, 2023 10:20 AM Closing Date: June 5, 2023 2:30 PM Vendor Details Company Name: Murphy Pipeline Contractors LLC 12235 New Berlin Rd Address: Jacksonville, Florida 32226 Contact: Taylor Morris Email: taylorm@teamipr.com Phone: 904-764-6887 Fax: 903-379-6193 HST#: 59-3688714 Submission Details Created On: Monday June 05, 2023 09:22:25 Submitted On: Monday June 05, 2023 11:55:51 Submitted By: Taylor Morris Email: taylorm@teamipr.com Transaction #: ae5b3934-Oe74-4e7a-968f-e534f49ecb31 Submitter's IP Address: 96.90.12.21 Bid Number: UTL23-026 Vendor Name: Murphy Pipeline Contractors 1087 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - EXISTING 36" RAW WATER TRANSMISSION MAIN REPAIR BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for the "EXISTING 36" RAW WATER TRANSMISSION MAIN REPAIR." ITEM No. 1 - SCO1025 Section 1.11.6 - limited to a maximum of six percent (6%) of the total bid price ITEM No. 5 - SCO1025 Section 1.111- Indemnification - PLEASE ENTER $25.00 SCO1025 Section DESCRIPTION QUANITY UNIT UNIT PRICE * VALUE 1.11.13 Mobilization /Demobilization, Bonds, Insurance, General Requirements. Contractor shall be limited to a maximum of six percent (6%) of the total bid price. 1 LUMP SUM $150,000.0000 $ 150,000.00 1.11.0 Maintenance of Traffic (MOT) Plan 1 LUMP SUM $66,730.0000 $ 66,730.00 1.11.D As -Built Record Drawings 1 LUMP SUM $40,300.0000 $ 40,300.00 1.11.E Professional Pre- and Post- Construction Photographs and Video of Construction Site 1 LUMP SUM $12,600.0000 $ 12,600.00 1.11.F Indemnification 1 LUMP SUM $25.0000 $ 25.00 1.11.G Compression Sliplining of Existing 42 -Inch HDPE Raw Water Transmission Main 1 LUMP SUM $2,520,000.0000 $ 2,520,000.00 1.11.1-1 Restoration of West Sliplining Pit 1 LUMP SUM $65,350.0000 $ 65,350.00 1.11.1 Restoration of East Sliplining Pit 1 LUMP SUM $15,000.0000 $ 15,000.00 1.11.J Disinfection of Entire Raw Water Transmission Main 1 LUMP SUM $101,250.0000 $ 101,250.00 Subtotal: $ 2,971,255.00 Summary Table Bid Form Amount BID PROPOSAL- EXISTING 36" RAW WATER TRANSMISSION MAIN REPAIR $ 2,971,255.00 Subtotal Contract Amount: $ 2,971,255.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response* Comments Is your company a Minority Owned business? No None Please select the appropriate response Not Applicable None Do you possess a certification qualifying your business as a Minority Owned business? No None Issuing organization name Input response in comments box to the right No minority owned Business. Date of Issuance Input response in comments box to the right None Bid Number: UTL23-026 Vendor Name: Murphy Pipeline Contractors 1088 Letter of Interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response* 1 The Letter of Interest shall summarizes the Proposer's Murphy Pipeline Is interested in the project. Had over 22 years and over 1 Million Linear Does the business have a primary qualifications and a firm commitment to provide Feet of pipe installation successfully. Hold a Florida Underground Utility and Excavation 22,000 LF 30" HDPE Force -main Replacement through Compression -Fit and HDD the proposed services. licence. with the Florida Division of Number of years in business * Previously and successfully completed projects for the City of Sunrise FI Before. Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. r7 We will not be submitting for Local Business Status Certification Is the business Reference 1 - Completed or In Progress * Reference 2 - Completed or In Progress * Reference 3 - Completed or In Progress Name of Firm: located within Does the business have a Is the business registered Scope of Work: 22,000 LF 30" HDPE Force -main Replacement through Compression -Fit and HDD the City limits of business tax receipt issued with the Florida Division of Number of years in business * Business license number* Boynton Beach, in the current year? * Corporations? Richard Crow Andrea Dennis Florida? * $15,000,000.00 $28,420,404.13 $2,301,873.71 Start Date of Service: • Yes r Yes r Yes End Date of Service: August 2018 • No r No r No Daniel Rey PE Project Manager Jorge Holguin References In order to be considered for this project, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. Description Reference 1 - Completed or In Progress * Reference 2 - Completed or In Progress * Reference 3 - Completed or In Progress Name of Firm: City of Fort Lauderdale FI. City of Fort Lauderdale FI. Town of Longboat Key, Florida Scope of Work: 22,000 LF 30" HDPE Force -main Replacement through Compression -Fit and HDD 21,800LF 42"/48" HDPE Pipe Replacement Through /HDD. 6,370 18" IPS DR 26. Pipe Replacement using Slip -lining. Project Location: Fort Lauderdale FI. Fort Lauderdale FI. Town of Longboat Key, Florida. Project Lead/Manager: Richard Crow. Richard Crow Andrea Dennis Cost of Service: $15,000,000.00 $28,420,404.13 $2,301,873.71 Start Date of Service: August 2017. January 2020 October 2022 End Date of Service: August 2018 September 2022 May 2023 Contact Person: Daniel Rey PE Project Manager Jorge Holguin Bert Warner Title: Project Manager Senior Project Manager Project Manager Email: drey@fortlauderdale.gov JHolguin@fortlauderdale.gov bwarner@longboatkey.org Phone #: 954-828-7150 954-828-5675 941-316-1988 Bid Number: UTL23-026 Vendor Name: Murphy Pipeline Contractors 1089 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. 7 By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their "OWN FORCES". Name Address Scope of work license No Contract Amount Percentage (%) of Contract Documents Ensure your submission document(s) conforms to the following Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Number: UTL23-026 Vendor Name: Murphy Pipeline Contractors 1090 • Bid Form & Bid Bond Documents - Boynton Beach 36in CF Bid Packet Final.pdf - Monday June 05, 2023 11:27:00 • Bidder's Qualification Statement - qualification statement.pdf - Monday June 05, 2023 11:40:56 • Anti -Kickback Affidavit - anti kickback.pdf - Monday June 05, 2023 11:37:30 • Non -Collusion Affidavit of Proposer - non collusion affidavit.pdf - Monday June 05, 2023 11:40:25 • Certification Pursuant to Florida Statute § 287.135 - 287-135.pdf - Monday June 05, 2023 11:39:28 • Warranties - warranties.pdf - Monday June 05, 2023 11:43:48 • Trench Safety Act Affidavit - trench safety.pdf - Monday June 05, 2023 11:43:22 • E -Verify Form Under Section § 448.095 Florida Statutes - e-verify.pdf - Monday June 05, 2023 11:44:20 • Bidder's Site Inspection Confirmation Form - Mandatory - site inspection.pdf - Monday June 05, 2023 11:44:42 • Certificates. Licenses and Business Permits. W-9 - certificates licences.pdf - Monday June 05, 2023 11:53:13 • Additional Document (optional) Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. • Bid Bond - bid bond form.pdf - Monday June 05, 2023 11:36:57 Bid Number: UTL23-026 Vendor Name: Murphy Pipeline Contractors 1091 Addenda & Declarations SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to seek the services of a qualified Contractor for the rehabilitating approximately 1,800 linear feet of existing 42 - inch HDPE raw water transmission main (previously installed via HDD) by compression sliplining with 36 -inch HDPE pipe. The existing 42 -inch HDPE was damaged by a geotechnical drilling operation. After the acceptance of the compression sliplining, disinfect the entire raw water transmission main from West Water Treatment Plant to East Water Treatment Plant, approximately 5.3 miles. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of bidder's personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. PERFORMANCE WARRANTY: The bidder shall guarantee all work, equipment, and materials included in the services against any defects in workmanship; and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon the date of acceptance, inspection, and approval by the City Representative only. If the bidder is notified in writing of a deficiency in the work provided, within one year from completion of the work, the bidder shall, at the City's option, re- perform the work in question at no additional cost to the City, or refund the City the original charges for the work in question, including the difference in cost if any, to re -perform the work if completed by another vendor. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide a sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, Bid Number: UTL23-026 Vendor Name: Murphy Pipeline Contractors 1092 difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution, and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic, and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off-duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material, and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. c. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Utilities Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings, or underground utilities. DELAYS a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from the Contractor's knowledge of a delay. The contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without an official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non -completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen, and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials, and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City and shall properly join his work to existing or new construction. c. All materials and every process and operation of manufacture, construction, and erection shall be subject to inspection at all times, and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. Bid Number: UTL23-026 Vendor Name: Murphy Pipeline Contractors 1093 The Contractor shall remove, reconstruct, replace, and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. FINAL CLEAN-UP: Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus, and discarded materials and temporary structures. The disposal of all materials, rubbish, and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the Project Manager. Materials cleared from the site and deposited on the adjacent or nearby property will not be considered as having been disposed of properly. The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub -consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. P' I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Richard Crow, Director of Engineering, Murphy Pipeline Contractors, LLC. Bid Number: UTL23-026 Vendor Name: Murphy Pipeline Contractors 1094 The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r- Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name Addendum No 1 - UTL23-026 Existing 36" Raw Water Transmission Repair Thu June 1 2023 12:28 PM attachments (if Pages Bid Number: UTL23-026 Vendor Name: Murphy Pipeline Contractors 1095 BIDDER'S SITE INSPECTION CONFIRMATION TO BE COMPLETED AND UPLOADED ONLINE Check One: ❑ NON -MANDATORY ® MANDATORY BID TITLE: EXISTING 36" RAW WATER TRANSMISSION MAIN REPAIR BID NO.: UTL23- as an authorized representative of: Re resen (Name and Title of p t�ative) 'V;L (Na a of Company) (hereinafter called the bidder) located at Company Address and that said bidder has visited the site of the work and has carefully examined the plans and specificati Project and checked them in detail before submitting his bid or proposal. ons for said SIGNATURES FOR MANDATORY SITE INSPECTION THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. UTL23-026 — Existing 36" Raw Water Transmission Main 170 Mr. Jose Huertas, PE Project Manager Boynton Beach Utilities City of Boynton Beach 124 Woolbright Road Boynton Beach, Fla 33435 Subject: Letter of Bid Award Recommendation UTL 23-026 I= AECOM 7650 W. Courtney Campbell Causeway Tampa, FL 33607 www.aecom.com Rfi ti 813.286,1711 tel. 813.287.8591 fax T— The City received and opened two (2) bids for the 36 -inch Raw Water Transmission Main Repair project from interested firms on June 5, 2023. AECOM was contracted by the City to provide support during t bidding and to provide a recommendation of award to the City for the lowest responsive bid. The City reviewe the bid packages and determined that the lowest bidder meeting the bid requirements was Murphy Pipe Contractors, LLC (MPC) with a total bid price of $2,971,255.00. The other bid received was 3,988,025.00. AECOM's Opinion of Probable Construct Cost (OPCC) was $3,000,000.00. A summary of the bids and AECOM's OPPC is as follows: I Murphy Pipe Contractors LLC $2,971,255.00 David Mancini and Sons $3,988,025.00 Engineers OPPC $3,00,000,004 The City requested AECOM to proceed with reference verification. AECOM contacted the references provide by MPC and received favorable responses. Based on the reviews performed by AECOM and the City, it is recommended that the City award this contract to Murphy Pipe Contractors, LLC. WNWA30091TAI Karen Brandon AECOM Vaughn Haycluk AECM 7.E Consent Bids and Purchases over $100,000 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Amendment to Task Order UT -3E-05, Purchase Order 230791 for West Architecture + Design, LLC for the Master Site and Phasing Plan of Little League Park. Requested Action by Commission: Approve amendment to Task Order UT -3E-05, Purchase Order 230791 for West Architecture + Design, LLC for the Master and Phasing Plan of Little League Park, not to exceed $500,000.00 per The City of Boynton Beach General Consulting Services Contract 046-2821-17/TP. This action is requested since the initial Task Order was to obtain a Conceptual design. The Conceptual Plan phase has been completed and staff is ready to move to the next forward with completing the Master Plan and Construction Phasing. Explanation of Request: This project is for the Master Plan design and includes Phasing Plan of Little League Park by West Architecture + Design, LLC, Task Order UT -3E-05. The proposed improvements at Little League Park include the development of an Indoor Training Facility, parking lot for the Training Facility, concession/restroom building, relocation of Field 4, an addition of a new Field 5 surfaced with artificial turf, dugouts, field fencing, relocation of Fields 2 and 3, improved field lighting, additional parking, new park entry signage, and new scoreboards for all 5 fields. West Architecture + Design, LLC, is working with all team members to provide the best design for the park from functionality to aesthetics. This project is a joint venture between the City of Boynton Beach, Primetime Sports, and Athletic Angels Foundation, Inc. the design cost is $409,350.00 and of this cost $85,000.00 will be returned to the City through the joint venture and the design will include construction being completed in two (2) Phases. On November 1, 2022, the City approved an agreement with Primetime Sports Group, LLC for proposed improvements at Little League Park to include the development of an Indoor Training Facility, parking lot for the Trainings Facility, convert the existing Field 4 to an Angels Fields 4 & 5 with artificial turf, dugouts, field fencing; new park entry signage, and new scoreboards for all 5 fields in accordance with the Contract Documents. 1098 On April 11, 2023 the City approved an agreement with Athletic Angels Foundation, Inc. for the construction, renovation, and repair of Field 1 of the Facility as follows: repair and/or replace all infield and outfield surface areas to include the mound, warning track, and foul territory; repair and/or replace all fencing and netting as required via our assessment; enlarge / enhance the existing dugouts; Install new outfield feature wall with high netting; reconfigure the outfield fence as needed via our assessment; expand the existing backstop area; Install awning -type shade at seating areas; evaluate and upgrade existing lighting conditions as needed to meet safe baseball field lighting standards, and the construction, renovation, and construction, renovation, and repair of Field 4 of the Facility as follows: convert existing tee ball field into an Angels Field compliant field with dimensions and synthetic turf to eliminate any barriers to wheelchair bound or visually impaired players; repair and/or replace all fencing and netting as required via our assessment; enlarge and enhance the existing dugouts to make them wheelchair accessible; install awning -type shade at seating areas; evaluate and upgrade existing lighting conditions as needed to meet safe baseball field lighting standards, in accordance with the Contract Documents. How will this affect city programs or services? Park Improvements to increase park usage for residents and visitors. Fiscal Impact: Budgeted; Funding for this project will be allocated to Little League Field Improvements. Attachments: A22 -046 -BB Little League Park-B_06-20-23.pdf BB Little League Park Improvements Master Plan OPT - F-2.pdf 1099 Standard Form of Agreement Between Owner And Architect Project No. A22-046 Contract No. A22 -046-B Title Boynton Beach Issue Date 06-20-23 revised Little League Park 05-18-23 Address 300 W. Woolbright Road Subject: Architectural and Engineering Services City, State, Zip Boynton Beach, FL 33435 Contact Peter Ganci, Assoc. AIA, LEED AP BD+C Title Principal Company West Architecture + Design, LLC Address 820 N 4t" St City, State, Zip Lantana, Florida 33462 Phone 561-588-2027 Email pganci(cDwest-arch.com 1. SCOPE OF WORK 2. CLIENT'S RESPONSIBILITIES 3. COPYRIGHTS AND LICENSES 4. LIMITATIONS OF LIABILITY 5. COMPENSATION 6. SCOPE OF THE AGREEMENT Contact Gail Mootz Title Project Manager Company City of Boynton Beach Public Works, Engineering Mailing P.O. Box 310, Address: Boynton Beach Florida, 33425 Physical 100 E. Ocean Ave Address: Boynton Beach, Florida, 33435 City, State, Zip See above Phone 561-742-6223 Email MootzG(a bbfl.us )sin Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 1 of 15 1100 Preliminary SCOPE OF WORK: This project shall be for the renovation of the existing Boynton Beach Little League Park, located at 300 Woolbright Rd, Boynton Beach, FL 33435 The new work shall involve further developing the approved Conceptual Site Plan and Master Plan. The City is requesting a proposal to renovate the existing park for the following elements: Phase 1: Demolition: 1. Field #1 A. Bleachers — located on the south side shall be removed 2. Field #2 A. Bleachers — the large bleacher and shade canopy located on the south side shall be removed.. The other bleacher shall remain. 3. Field #4 - Shall be removed in it's entirety. A. Dugouts — shall be removed B. Bleachers — shall be removed C. Fencing — shall be removed D. Clay —shall be removed E. Sod -shall be removed 4. Batting cages — located on the west side of the park shall be removed 5. Concession Building — shall be demolished. 6. Existing BBQ grill area — grill, gas piping & tank shall be demolished 7. Restroom building - shall be demolished 8. Storage shed — shall be relocated. Final location shall be determined. 9. Large Pavilion — shall be demolished. 10. Landscaping A. Trees — located in the area of the new construction shall be removed. 11. Parking A. Parking to the south shall be modified, extended, resurfaced and restriped. B. Main parking lot shall be demolished. C. Parking spaces to the East shall be resurfaced and restriped for entrances for the new overflow parking on the East New Construction: Juniors / Seniors Field 1 A. Surface: Shall be re -graded and re -sodded. B. Field Fencing: shall be replaced with taller fencing. C. Field Lighting: existing light fixtures shall remain on existing poles (if possible) D. Batting Cages: Shall remain E. Bullpens: shall remain between Field #1 and Field #2. New Bullpen areas shall be created at the intersection of the outfield and sidelines. F. Bleachers: to the South shall be replaced, bleachers to the East shall remain. G. Shade structures: Provide new shade structures over the new bleachers to the South H. Dugouts — shall remain I. Scorekeeper — shall remain J. Scoreboard - shall be new K. New Wall — provide a screen wall along the West side of the outfield to block the existing electrical and communication equipment. est Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 2 of 15 1101 L. New Netting: Shall be provided along the outfield. Height to be determined. 2. Fields 4 & 5 A. Convert the existing parking lot area into (2) Ball fields. 1) Field 5 shall be an Angles field. 2) Field 4 shall be an Tee ball sized field. B. Lighting: 1) Add ball field lights (Musco, shall be operated through the Musco app) 2) Add lighting for new and existing parking and new pathways. C. Surface: 1) Replace the existing sod with new synthetic turf 2) Replace the existing clay with new synthetic turf D. Fencing: Add new fencing around fields and backstops E. Pathways: Provide new concrete pathways to access the fields F. Bleachers: Provide new home and away side bleachers for each field. G. Shade Structures: Provide new shade structures over the new bleachers H. Dugouts: Provide new dugouts with benches (with back shelves for bags) and a roof structure. I. Scorekeeper: Provide new table and bench with shade, electric and data for each field. J. Scoreboard: Provide new electronic scoreboard for each field. K. New Netting: Shall be provided along the perimeter of the fields. Height to be determined. 3. New Storage Building: Shall accommodate field supplies and maintenance equipment. Final location shall be determined. 4. Monument Sign: Shall replace the existing corner monument sign and shall include a digital message board. 5. Training Facility A. Possibly shall be a Pre-engineered metal building — Drawings by others B. Approximately 17,000 SF + Future (2) story addition of 11,000 SF for a total of 28,000SF. C. Shall include associated parking spaces D. All required site utilities shall be coordinated for the new building. 6. Parking and Driveways: A. Resurface and restripe the exiting pavement at the affected parking areas. B. The existing parking spaces shall be relocated / resriped as per the Conceptual Site Plan. C. New parking shall be added to the West and South side of the property, D. Any existing wheel stops shall be replaced with new curbing. E. Replace existing signs, as required F. New sidewalks shall be provided for access. G. Existing parking lighting system shall be replaced. H. An Overflow Grass Parking area is proposed at the Northeast corner of the property. 1) Provide all the code required elements for the overflow grass parking area. 2) Provide access driveways as required. 7. Landscapinq: A. Enhance the existing landscaping and replace / relocate trees as required. B. Modify/ replace existing irrigation system as required. 8. Electrical: A. Evaluate the existing electrical service for new lighting and power loads B. Upgrade or add a new electrical service for the new electrical loads, if required. C. Existing City transformer shall be evaluated for the new loads and possibly be replaced with an FPL transformer. D. Provide outlets as required. Locations shall be determined. E. Provide accent lighting as required. Locations and types shall be determined. 9. Pathways: A. Existing walkways and pathways shall be replaced with new concrete surfaces. B. Provide lighting as required for the pathways. 10. Site elements A. Existing site elements shall be replaced. 1) Trash receptacles, benches, fencing, etc. i)st Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 3 of 15 1102 B. New shaded structures 1) Shall be provided at the drop off areas and between Field #4 and #3. 2) Shall be provided between the new Training Facilities and Field #5. C. Dumpster enclosure shall be provided. D. Fire Truck Turn Around shall be provided. 11. Wifi and Security: A. The City shall provide the specifications and layouts for the proposed systems. B. Provide the required power and conduits as required. 12. Concession Building: A. A temporary Concession Building shall be provided by the City B. Final location shall be determined. 1) Provided all required utilities to the building. (IE: Water, Sewer, Power, Data, etc) 13. Restroom Building: A. A temporary Restroom Building shall be provided by the City B. Final location shall be determined. 1) Provided all required utilities to the building. (IE: Water, Sewer, Power, Data, etc) 15. Site Utilities: A. Coordinate with the local utility providers to provide the site utilities as required. B. Site Utilities shall be coordinated and designed for the affected Phase 1 site area and the Phase 2 area. 12. Site Drainage: A. Coordinate with the City and SFWMD to determine to allowable drainage improvements for the renovation. B. Drainage shall be evaluated for the affected Phase 1 site area and the Phase 2 area. Phase 2: 1. Juniors/ Seniors Field 1 A. Pathways: Provide new concrete pathways to access the fields B. Bleachers: Provide new bleachers on the East side of the field. C. Shade Structures: Provide new shade structures over the new bleachers on the East side 2. Minor / Maior Fields 2 & 3 A. Convert the existing Ball fields into (2) Ball fields. B. Parking shall be added on the East and South sides of the fields. C. Demolition: 1) Existing fields, dugouts, bleachers and shaded structures shall be demolished. 2) Existing fencing shall be removed. 3) Existing parking shall be demolished. 4) Existing batting cages to the East shall be removed. 5) Existing bullpens located to the West of Field #2 shall be demolished. D. Lighting: 1) Existing poles shall be removed. 2) The fields shall have new sports lighting (Musco lighting shall be operated through the Musco app) 3) Add lighting for parking and pathways. E. Surface: 1) Replace the existing sod with new sod 2) Replace the existing clay with new clay F. Fencing: Add new fencing around fields and backstops. Height to be determined. G. Pathways: Provide new concrete pathways to access the fields. H. Bleachers: Provide new home and away side bleachers for each field. I. Shade Structures: Provide new shade structures over the new bleachers. J. Dugouts: Provide new dugouts with benches and roof structure. K. Scorekeeper: Provide new table and bench with shade, electric and data for each field ost Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 4 of 15 1103 L. Scoreboard: Provide new electronic scoreboard for each field M. Netting: Shall be provided along the perimeter of the fields. Height to be determined. N. New Bullpens: Shall be created at the intersection of the outfield and sidelines with the fence line separating the bullpens from the field. 3. Batting Cages: Existing batting cages between Field #1 and Field #2 shall be replaced. 4. Concession / Restroom / Storage Building_ A. The new building shall have a 2nd floor press box. B. Concession area shall have the required utilities, equipment shall be provided (by others) C. New restrooms shall be provided D. New storage rooms shall be provided. E. A Meeting Room / Umpire lounge shall be provided. 5. Memorial Wall: A. Shall remain in the same location, if possible. (final location shall be determined) B. Existing Memorial Wall shall be repaired as required for an as-new appearance. 6. Sculpture: Shall be relocated on-site as per the Conceptual Site Plan. 7. Existing Maintenance Shed: shall be relocated and accommodate field supplies and maintenance equipment with a exterior area and fencing. 8. Parking and DrivewaVs: A. Resurface / rebuild the exiting pavement to remain. B. The perimeter Little League Road shall be resurfaced / rebuilt as required. C. The parking spaces shall be re-striped as per the conceptual site plan. D. New parking shall be added to the South and East side of the property, E. Any existing wheel stops shall be replaced with new curbing. F. Replace existing signs, as required G. New sidewalks shall be provided for access. H. Existing parking lighting system shall be replaced. I. New Park Entrance drive shall be expanded with a right-turn only lane. J. Site design shall be aware of the future elements. 1) Possible right turn in lane traveling East on Woolbright Road to Little League Road into the site. 2) Possible traffic signal at the intersection of Little League Road and Woolbright Road. 9. Playground: a new playground and shaded structure shall be provided. Size shall be determined. 10. Landscapinq: A. Enhance the existing landscaping and replace / relocate trees as required. B. Modify/ replace existing irrigation system as required. C. Add planter walls at center of park. D. Add landscaping along Woolbright road and the perimeter of the site. 11. Electrical: A. Evaluate the existing electrical service for new lighting and power loads B. Upgrade or add a new electrical service for the new electrical loads, if required. C. Existing City transformer shall be evaluated for the new loads and possibly be replaced with an FPL transformer. D. Provide outlets as required. Locations shall be determined. E. Provide accent lighting as required. Locations and types shall be determined. 12. Pathways: A. Existing walkways and pathways shall be replaced with new concrete surfaces. B. Provide lighting as required for the pathways. 13. Site elements A. Existing site elements shall be replaced. 1) Trash receptacles, benches, fencing, bike racks, etc. B. New shade structure 1) Shall be provided at the drop off areas and between Field's #2 and #3. 2) Shall be provided between Field #1 and Field #2. C. Provide new signage as required. 14. Wifi and Security: The City shall provide the specifications and layouts for the proposed systems. i)st Architecture + Design, LLC. 820 N 41" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 5 of 15 1104 15. Art Feature: A. The City shall provide specifications, layout and location for the new Art Feature. B. A possible location is noted on the Conceptual site plan in the Northwest corner of the site. C. Power and lighting shall be provided. 16. Site Utilities: A. Coordinate with the local utility providers to provide the site utilities, as required. B. Site Utilities shall be provided for all new elements requiring utilities. 13. Site Drainage: A. Coordinate with the City and SFWMD to determine to allowable drainage improvements for the renovation. B. Drainage shall be provided as required for the entire site. Thiis proposal its (based upoin these assumptions and/or recTUira-::„irrneints: 1.. We are: not relocating any existing uutilities that are in right of ways or on private property (ern-siit(=;(. 2.. INo turn Ilaarne iirnclluded. ::3.. INo off site work included. 4.. Existing utilities will need to be located by a third party (hoh zointalllly and verticalllly,, wiith information such as sire, material etc) and shown by the Survey on the Survey. 5„ Water and gravity sainiitary sewer will be perirmitted through Ciity of Boyntorn 1Beach only. 6.. We are not designing, permitting, etc, any rerouting of the existing water rnaiinhAilliitiies from the welllls that go from/through the park to the City Water Treatirrnentll::'llant„ 7 Prop'ect will need a (pre fabricated fiberglass Iliit't: statiiorn, for on siite sewage flow onlly, connecting to an existiirig force maim or gravity sanitary sewer maim located on site; (this will be a pre-falbricated fiberglass Iliift station design such as einnops.cormn). 8„ Il Laving an existing gravity sanitary sewer main to connect to allong the property Mines. g„ Il iavirng an adequate existing adequate water maim to connect to along the property Mines. 10 Siite I:1Ilan rmay ineed to be modified by others to meet penrmittirng agencies' requirements, nts, suclh as drainage requirements, etc. 11.. The Client's and/or the Client's perrmit irunner/expediter shall Iprocess the c,°iiviill engineering Iplans through tlhe Ciity „ County, l::=iire IMarshall, etc, including any and allll other permitting agencies. The permit runner cost shall be the responsibility of the Clliient/Owneir. 12.. This protect its located in ae we.11llfielld rorne. INo extolltratiion t:irencrlhies are allllowed in sormne portion the wellllfielld zones. The drainage district will irequiire that storri n dirainage Ibe retained oin-sine wiith a suffiiciient annount. of t.)ry Retention Areas.. If''''':nough (Dry Retention Areas a: i nd irrnaylb e (less mperviious areas to rmalke the storinn drainage work according to t:lIh e s9:orumn drainage perrnuttiing renqurliire irnc.-i nt Client/Owner its advised that dune to I[ rainage Requireun,nents, the slite irniay not. The arnlbllen to ireach irnanxiirnuurn It:nu.alilldliirntl/II'zpnu°Ikliu°nfT density Ipo r tlhe Ciity Zoning Code and/or as shown on t:llna Conceptual Site Plain. 13„ A Contractor shall obtain the peen niits once these Iplans are approved. 14.. Penrniittiing Agency (having 'p'uriisdiictiiory City of Boynton 1Beach. Below is the score of se ices for each of the fi Tasks to eyeloc the design documents for the protect. SCOPE OF SERVICES: Tasks for the development of the design documents include the following: Task 1 — Preliminary Engineering and Architectural Design Preparation of Preliminary Engineering and Architectural Design A. Review previouslyapproved conceptual site plan design and provide schematic verification of drainage approach and capacity. If substantial modifications to the conceptual site plan are necessary to accommodate regulatory requirements, WEST can supply those under an additional services proposal. Substantial modifications include modifications to the sports field, access road and gest Architecture + Design, LLC. 820 N 4t” St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 6 of 15 1105 parking area; B. Review existing elevations from topographic survey of surrounding property to verify existence of historical drainage to include in drainage statement; C. Review Geotechnical soils and boring surveys. D. Research utility as-builts with City of Boynton Beach; E. Prepare preliminary paving and drainage plans; F. Prepare preliminary water and sewer plans; G. Prepare preliminary pavement marking plans; H. Prepare preliminary surface water management calculations; I. Preliminary lift station calculations; J. Prepare drainage statement to accompany the site plan application; and K. Submit preliminary engineering plans (30% level of completion) to CLIENT for review an approval. L. Develop the Phase 1 site plan and the Schematic Master Site Plan locating the buildings, driveways, parking, sidewalks and landscape areas, include the Site Data information on plans, based on the approved programming of the site. M. Provide parking tabulations N. Provide a colored schematic Site Plans for presentation purposes. 2. DESIGN DEVELOPMENT SERVICES Based upon the approved Preliminary Engineering and Architectural Design, the site plan and project elements shall be further developed. A. Project Coordination. 1) Coordinate with the Client and Consultants to finalize site design elements. 2) Attend (2) design meetings with client. B. Site Plan / Engineering Plan 1) Site Plan / Engineering Plan of the project showing location of all structures, roads, parking and landscape buffers / areas. 2) Clear delineation of the project Phase limit lines 3) Preliminary spot elevations 4) Existing utilities noted 5) Proposed utilities noted 6) Site drainage, storm water removal and/or detention areas noted 7) Identify number of parking spaces and code/zoning requirements 8) Provisions for trash disposal and removal by truck. 9) Conformance to zoning restrictions for easements and setbacks, etc. 10) Preliminary Geotechnical soils and boring surveys. 11) Define Landscape requirements 12) Define Traffic Analysis 13) If required, environmental impact study (BY OTHERS) C. Floor Plans for the Maintenance Facility, Restroom / Storage Building, Training Facility and Site Elements 1) Plans of all floors showing interior partitions, door and window locations, floor elevations 2) Key dimensions and overall dimensions 3) Plan indicating major extent of materials and any special conditions or fixtures 4) Room names 5) Area summary 6) Accessibility routes i)st Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 7 of 15 1106 7) Define the Plumbing, Mechanical and Electrical requirements 8) Define the Structural requirements D. Elevations for the Maintenance Facility, Restroom / Storage Building, Training Facility: and Site Elements 1) Coordinate with the Client to finalize exterior architectural design features. 2) Research the existing neighborhood for existing architectural styles and the City code for the required Architectural guidelines. 3) Develop the Exterior Elevations detailing the architectural elements based on the previous approved Site Plan from the Programming / Conceptual design phase of the project. 4) Provide a colored Exterior Elevations for presentation purposes. 5) Major elevations with extent of doors, glazing indicated 6) Major materials identified 7) Floor lines, roof line and top of parapets indicated with dimensions 8) Finished grades clearly shown 3. CONCEPTUAL COST ESTIMATE A. Coordinate with the Client to finalize budget related items. B. Research the existing building types and current cost data for similar sites and structures. C. Develop a Conceptual Cost Estimate based on the previously approved Site Plan, Floor Plans and Exterior Elevations of the Preliminary Engineering and Architectural Design and Design Development Design phases of the project. D. Provide a Conceptual Cost Estimate for presentation purposes. Task 2 — 60% - SITE PLAN APPROVAL SUBMITTAL Documents We understand the Site Plan submittal process will follow the Major Site Plan Modification submittal. Below is a list of items required for the submittal: 1) Meetings: A. PRE -APPLICATION CONFERENCE (PRE -APP) B. DEVELOPMENT APPLICATION REVIEW TEAM (DART) C. PLANNING AND DEVELOPMENT BOARD (P&D) D. CITY COMMISSION (CC) E. SCAD APPROVAL (if required) • Public Noticing Requirements (by Client) 2) Required Documents: A. Survey (By Client) B. Existing Future Land Use Map (FLUM) & Zoning Map. C. Traffic Study D. SCAD Approval (if required) E. Site Plan F. Landscape Plans G. Civil Drawings H. Floor Plans I. Architectural Elevations J. Photometric plan K. Traffic Impact Analysis L. Tree Survey M. Tree Management Plan N. Art in Public Places Form osf Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 8 of 15 1107 O. Engineering Design Services 1. Prepare stormwater pollution prevention plans including details; 2. Design and prepare on-site paving and drainage design plans including details; 3. Design and prepare on-site potable water distribution plans including details; 4. Design and prepare on-site sanitary sewer plan and profile, including details; 5. Design of a driveway connection onto Woolbright Road; 6. Design and prepare pavement marking plans including details; 7. Prepare final surface water management calculations and report for permitting; 8. Prepare final pre-frabricated lift station calculations for permitting; 9. Includes up to two revisions to the original design per comments from Jurisdictions; and 10. Submit engineering plans at the levels of completion to CLIENT, Owner and/or City for review. 11. Submittal of engineering plans and permitting applications to the Authorities Having Jurisdiction (AHJs) for permitting. 3) Revised Cost Estimate Task 3 — 90%, and 100% Construction Documents A. Prepare drawings, plan specifications, details, etc. necessary to solicit bid proposals for permitting and construction phase of the project. B. Coordinate Architectural, Structural, Mechanical, Electrical, Plumbing, Landscape & Civil Engineering. C. Coordinate Lighting / Security requirements with the Client's personnel. D. Allow (1) drawing revision/release to be completed within each phase of document completion (schematic, design development, construction documents). E. Unless otherwise specified, contract documents shall be in a form suitable for competitive bidding. All work shall comply with applicable codes, laws, standards and ordinances. All services hereunder shall be performed under the direction of a licensed engineer when so required by law. Architect and Engineer shall furnish Client with copies of all design calculations, if required by code. F. Revised Cost Estimate Task 4 — Permitting and Bidding A. The WEST Design Team will assist in the preparation and submittal of permit applications along with the required associated design documents for the proposed improvements. All permit fees will be paid by the CLIENT. We anticipate submitting applications and documents to the following agencies: 1. City of Boynton Beach Fire Rescue — Fire Marshal Approval; 2. City of Boynton Beach Utilities Department— Water Distribution and Wastewater Collection Permits; 3. Palm Beach County Health Department -Water Distribution and Wastewater Collection Permits; 4. City of Boynton Beach Engineering Department — Engineering Site Permit; 5. Palm Beach County Land Development — Right of Way Permit; 6. South Florida Water Management District — Environmental Resource Permit Sections A and E; B. Includes responses to building department comments C. Includes responses to RFI's during bidding. Task 5 - Construction Administration 1 of iincludedt A. Meetings (assume 10 conference call meetings, not including travel expenses) B. RFI Questions (assume 30 RFI's) C. Shop drawing review (assume 30 submittals) D. Draw request review (assume 12 draw requests) E. Punch List (assume 2 punch lists, site visit not included, see below) F. Site Visits (if required, shall be billed as reimbursable expenses, including travel time) est Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 9 of 15 1108 G. Perform periodic field observations of construction for the work included in the civil engineering plans to ensure work is completed in substantial accordance with the approved and permitted plans and specifications. Observations will include pressure test; pigging and flushing; sanitary sewer lamping; drainage pipe, structures, and system lamping; pavement subgrade, base, and paving; H. Attend pre -final; and final field reviews with regulatory agencies; I. Submit construction certification packages. OWNER -PROVIDED ITEMS 1. Unless stated otherwise, the Client shall provide copies of all tests, inspections, and reports required to complete the services, such as environmental surveys, or hazardous materials and/or other existing conditions reports. 2. The Client shall provide the Architect with a set of documents representative of the existing conditions to be used as a basis of the services required. Files shall be provide in PDF and CAD format. 3. The Architect shall be entitled to rely on the accuracy and completeness of the information provided by the Client, without independent verification of same. RM111111 UM:Ir7R111111:IF" Unless specifiicalllly delineated in this contract, no other iitenns / taslks are inclluded in this contract„ The following its an example (list of iitems / tasks which are not liinCllu,nded iiin thiis proposal. This (hist its not all iincllu.usive, and liinclude,,; but is not (limited to: No area of the structure is to be Mower than the water tablle / groundwater, such a parking structures, etc. Ii::::nviironmen tall Engineering, such as wetlands, soill contamination, bentlhiic surveys, etc. IE.::nviironmentall IE::::ngiiineering/IMiitigatiion plans such as for dredge and fill permits, etc. StruCk rall Ii:Agineeriing (stocks, seawalls, iretaliirnliirr(. walls, etc.) IMechanicallIE.:.ngineeriing (fiire'fllow calculations, fire pumps, sprinkler pumps, cistern pumps and controls, etc.( CSI( format Con tract specifications (Dewatering plans, calculations, and/for permitting Off.-siite desiign and plain approval (iroa d liinnlpiroveirrneirnts, median iirriproveirn~neints, turn Ilairne liirmlpiroveirrneints, water main, sainiilary sewer, etc.) ® Topographic survey Maintenance of Traffic (IM.O.T..)pllans i::'reparatiioin and processing of documents required of the Contractor (SM::)IJ::)p permiil, plans, and (log book, etc.) Plans preparatliorn and/or coordination and/or processiing of pllans wiitlh/thruru Wiillity Company such as AT&T, Comcast, If=1f'11[_.;, etc. IRouting of pllans through County for concuinrency reviews and approvals, etc. ® Preparation and recordation of Affidavits ® Preparation ofAs buillts/lRecord [ rawiings Platting I[...IF::IF::If.) If. esiign and/or coordination Application fees / pllan reviiew fees / peinmiit fees ® IF=illing with local Building If.Wartment IF'ermiittiing Agencies jlhiis its the Contractors responsibility) Permit irunner/expediterfees Any asbestos rellated iiinvestiiga floirns, testing, fees orwork. v Teshi ng and modelling Cost estimates I[._ocation of exiistiing utilities such as through Ground i:'enetrating Radar, Soft I[::tiig, etc. east Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 10 of 15 1109 2.1 Unless otherwise provided for under this Agreement, the Client shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Client's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 2.2 The Client shall identify a representative authorized to act on the Client's behalf with respect to the Project. The Client shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 2.3 The Client shall coordinate the services of its own consultants with those services -provided by the Architect. Upon the Architect's request, the Client shall furnish copies of the scope of consulting services in the contracts between the Client and the Client's consultants. The Client shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Client shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 2.4 The Client shall provide prompt written notice to the Architect if the Client becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications (as included on the Drawings), and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement, the license granted in this Section shall terminate. 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes, if action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the instruments of Service under this Section. est Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 11 of 15 1110 3.4 Except for the licenses granted in this Article, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. A) PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF ARCHITECT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. B) In recognition of the relative risks and benefits of the Project to the Parties, the risks have been allocated such that the Association agrees, to the full extent permitted by law, to limit the liability of Architect and its officers, owners, agents, employees and sub consultants to the total dollar amount paid to the Architect for the approved portions of the Project for any and all claims, losses, costs, damages, of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of Architect and its officers, owners, agents, employees and sub consultants to the Association shall not exceed the total dollar amount paid to the Architect for the approved portions of the Project. Such claims and causes include, but are not limited to, negligence, professional liability, errors and omissions, strict liability, or breach of contract or warranty. 5.1 For the Architect's Scope of Work described under Article 1, the Client shall compensate the Architect as follows: Compensation to be as follows: Task 1 — Preliminary Engineering and Architectural Desiqn $ 115,690 Task 3 — 90%, and 100% Construction Documents Task Sub- Total A. Architectural Services $ 33,000 B. Civil Engineering Services $ 22,500 C. MEP Engineering $ 6,250 osf Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 12 of 15 Task Sub- Total A. Architectural Services $ 79,960 B. Civil Engineering Services $ 68,750 C. MEP Engineering $ 7,000 D. Landscape Architecture $ 10,125 E. Structural Engineering $ 4,000 F. Traffic Engineering $ 21,600 G. Cost Estimate $ 4,400 $ 195,835 Task 2 — 60% - SITE PLAN APPROVAL SUBMITTAL Task Sub- Total A. Architectural Services $ 49,440 B. Civil Engineering Services $ 31,250 C. MEP Engineering $ 11,750 D. Landscape Architecture $ 5,500 E. Structural Engineering $ 8,000 F. Traffic Engineering $ 6,000 G. Cost Estimate $ 3,750 $ 115,690 Task 3 — 90%, and 100% Construction Documents Task Sub- Total A. Architectural Services $ 33,000 B. Civil Engineering Services $ 22,500 C. MEP Engineering $ 6,250 osf Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 12 of 15 D. Landscape Architecture E. Structural Engineering F. Cost Estimate $ 3,125 $ 6,000 $ 4,400 $ 75.275 Task 4 — Permitting / Bidding Task Sub- Total A. Architectural Services $ 9,800 B. Civil Engineering Services $ 6,250 C. MEP Engineering $ 3,125 D. Landscape Architecture $ 1,875 E. Structural Engineering $ 1,500 $ 22,550 Task 5 - Construction Administration ( of Included} Task Sub- Total A. Architectural Services $ 0 B. Civil Engineering Services $ 0 C. MEP Engineering $ 0 D. Landscape Architecture $ 0 Structural Engineering $ 0 0 Total: $ 409,350 First Progress Payment (to start work) $ 81,870 5.1.1 Hourly billing rates for services are set forth below. The rates shall be adjusted in accordance with the consultant's normal review practices. Architecture Firm: Principal: $180/hr.; Project Manager $130/hr.; Senior Architect $120/hr., Architect $100/hr.; Architectural CADD / Technician $80/hr.; Clerical / Administrative $50.00/hr.; MEP engineer: Principals - $225.00/hr. Project Manager- $195.00/hr., Engineers - $175.00/hr., As -Built drawings- $125.00/hr., Designer- $110.00/hr., Clerical — $65.00/hr. Structural Engineer: Principal $190.00/hr.; Senior Project Engineer / Senior Project Manager $175.00/hr.; Project Engineer / Project Manager $160.00/hr.; Engineer / Structural Designer $140.00/hr.; CADD / BIM Technician $100.00/hr.; Administrative $55.00/hr. Civil Engineer: Principal $200.00/hr., Principal's attendance at Public Meetings $250.00/hr., Senior Professional Engineer $125.00/hr., Project Manager $110.00/hr., Engineer Intern $110.00/hr., CADD Operator $100.00/hr., Technician $100.00/hr., Field Inspector $100.00/hr., Administrative Assistant $65.00/hr. Landscape Architect: Senior Project Manager $180.00/hr.; Urban Designer $150.00/hr.; Senior Planner $130.00/hr.; Senior Landscape Architect $130.00/hr.; Landscape Architect $115.00; Inspector (Zoning & Landscape) $100.00/hr.; Planner $80.00/hr. Traffic Engineer: Principal $215.00/hr.; Senior Engineer $155.00/hr.; Engineering Tech $135.00/hr.; ost Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 13 of 15 1112 5.2 ADDITIONAL SERVICES: 5.2.1 Additional Services are not included in Basis Services but may be required for the Project. Such Additional Services may include budget analysis, financial feasibility studies, environmental studies, land surveying, civil engineering, land planning services, landscape design, telecommunications/data, security, measure drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed cost estimates, on-site project representation, value analysis, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, commissioning , environmentally responsible design beyond Basis Services, LEED® Certification, fast —track design services, obtaining liquor licenses, obtaining business licenses and any other services not otherwise include in this agreement. 5.2.2 Additional Services may be provided after execution of this agreement, without invalidating the Agreement. Any Additional Services provide in accordance with this Section shall entitle the Architect to compensation pursuant to Section 5.1.1. 5.2.3 The Architect shall review and evaluate Contractor's proposals, and if necessary, prepare Drawings and other documentation and data, and provide any other services made necessary by Change Orders and Construction Change Directives. These documents and date prepared by the Architect shall be an Additional Service. 5.3 REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: 1. Additional 24x36 prints @ $2.50 per sheet. 2. Transportation and authorized out-of-town travel and subsistence; 3. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; 4. Fees paid for securing approval of authorities having jurisdiction over the Project; 5. Postage, handling and delivery; 6. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client; 7. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client; 8. Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Client requests such insurance in excess of that normally carried by the Architect's consultants; 9. All taxes levied on professional services and on reimbursable expenses; 10. Site office expenses; and 11. Other similar Project -related expenditures. 5.3.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent (10%) of the expenses incurred. 5.4 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Client terminates the Architect for its convenience or the Architect terminates this Agreement, the Client shall pay a licensing fee as compensation for the Client's continued use of the Architect's Instruments of Service solely for purposes of the Project. est Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 14 of 15 1113 5.5 PAYMENTS TO THE ARCHITECT 5.5.1 An initial retainer payment (as stated in section 5.1, Compensation) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Client's account in the final invoice. 5.5.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30) Days after the invoice date shall bear interest at the rate of one point five percent (1.5%) per month. 5.5.3 The Client shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding, 5.5.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Client at mutually convenient times. 6.1 This Agreement represents the entire and integrated agreement between the Client and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Architect. This Agreement entered into as of the day and year first written above, Client: Architect: City of Boynton Beach West Architecture + Design, LLC Public Works, Engineering Gail Mootz Peter Ganci, Assoc. AIA, LEED AP BD+C Project Manager Principal (Signature) (Date) (Signature) ot Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 15 of 15 (Date) Initial. / 1114 m U!�IIIIIIIIIIIIIIIIIIII ��VVIIIIIII LU Q LLQ I�� LL,wCJ'J- 'h o O W ap ro O �� III omlplVl (D z 3== °Z W 7 z 1 h� LU .w �zW � Lu `��-�` Oow d IL O �� 0 II to MSI u a u x �m o �zw z =z ,s�o pmo g� w —. —.—.—.—.—.—. —.—.— ......... .—.—.—.—.—.—.—.—.—.—.—.—.—.— mm-.—.�. � I x� Im I I � I x o LL _ m 0 m �o �� I I J � IloioillillllV ��o i r s — do I s rc a 9a — L a K� m mow m„ r m� m = m a LU j 1i I Z mQ a mm �o 0 �y I N O cc �� moc or �IIIIIII ��o NO I � v m_ g ca rc� � � � a� G�D L-- I m I\\ _ mo m U!�IIIIIIIIIIIIIIIIIIII ��VVIIIIIIILU Q w c7 0 III omulllll ~3-� I pI U Q oJ� OII to PMSI ¢ + am —F-- X6UL 3NII 41a3dOad - ---- ---- --- I ne Z3Nn ua3doad P�111111�J1�J»�//,/// — _ . — �" i33ais aae m s z O w o FXLU 0wi=Lu ` a° m m J J a. .m I ne Z3Nn ua3doad P�111111�J1�J»�//,/// — _ . — �" i33ais aae m s z a F Z r LL r Z za y O VJ Zwm a ow ILw o Q III 2 d % ) S[ ) LL, / z ` O \ 3=`» ; . o w \ § - /§ 2 \ • $@ §) \\\ z§§�� ; • zw \%m (� ° / §§§§} \ .,, b e2 Q - - - -:§-2 </e :: ± _-- LU ©�,� -\i� _ . , \�J: 7.F Consent Bids and Purchases over $100,000 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Medical, Dental and Vision RFP by the Gelin Group. Requested Action by Commission: Authorize staff to negotiate a contract with Aetna to become the new insurance carrier for Medical, Dental and Vision. Explanation of Request: On May 15, 2023 a RFP was issued to multiple insurance carriers including Aetna, AvMed, Cigna, Florida Blue, Metlife, Sunlife, Reliance Standard, Prudential, EyeMed, VSP, Solstice, Guardian, Principal and Lincoln Financial. Responses were due back to the Consultant by May 23, 2023. Gelin Benefits Group provided the results of the RFP to City staff. Staff directed the Gelin group to ask for best and final offers from the three carriers that responded (Cigna, Aetna and UnitedHealth). On June 6, 2023 the best and final was presented and it was unanimous from the Union leadership and staff that the City transitions from UHC to Aetna How will this affect city programs or services? Employees will have access to affordable healthcare with three additional options to choose from, HMO HDHP and POS. Also changing from Fully Insured to Self Insured generates a savings for the City Fiscal Impact: Approximately $7.9 million maximum for Medical, Vision and Dental. Attachments: Medical Dental and Vision Insurance Presentation. pptx Boynton Beach Initial Presentation 1st Offer.pdf City of Boynton Beach Competitive Best and Final Offer.pdf 1118 T T T CD CV _ _ % C) D m M 0 g LL � L.L �O E U \ƒ_ _) m£J 0 .�= Q£ I 0 co 0� $ U @ / 0-0 mym �0 h 6 0 �k m £ 'E qM� ?m•�m 2 £ C)5,/ E 3 C6�� (D/� � � CL§_ ¢ — 00 _ L — — 5; ¢ % O .� O ƒ CE LL i:52 % O m cu . . . m . . � . . . 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Cls, C-4 6' C6, C6, 110 110 Qo (D Lin Lin t�> tr) V - tr) en U) L) I LO 00 T- TMI E 2 E .z E .a 0 LL + 0 EE 0 0 Lu Lu LU LU > > I 0 I -1 (Dc.. -.a rx) C) Ci ri n C.) C-.) Cls, C-4 6' C6, C6, 110 110 Qo (D Lin Lin t�> tr) V - tr) en U) L) I LO 00 T- TMI Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Ordinance No. 23-007- Second Reading- General Employees' Pension - Board Secretary Duties & Long-term Disability Determinations. Requested Action by Commission: Approve General Employees Pension - Board Secretary Duties & Long-term Disability Determinations. Explanation of Request: The Employees' Pension Plan (Plan) Board of Trustees (Board) has requested that the City Code be amended to revise the method by which a total and permanent disability is determined prior to the Board approving a disability benefit. The Plan only provides for such determinations to be made by the City's Long Term Disability Company and the Board requested to also enable the City's workers' compensation carrier to also be included in the event they are the party making such determinations rather than the City Long Term Disability Company. As the determination can be made by either provider, depending upon the circumstances, this amendment provides that flexibility. The Board also requested that the Plan be amended to authorize the Board to select and appoint a person or company to serve as the secretary to the Plan. The City Code presently appoints the City Clerk to serve in this capacity. This request seeks to align the Code with present practice by authorizing the City Clerk to delegate this responsibility to the person or company of the Board's choosing, but retaining the City Clerk in this capacity in the event the Board fails to act. This will ensure that the Plan is not left without coverage, but also provides the Plan the ability to select how the secretary position will be service. How will this affect city programs or services? This amendment will ensure the Plan is able to timely and completely process any disability benefits of the members of the Plan. It also serves to ensure the Plan has the services of the secretary position, but will alleviate the City Clerk's Office of the immediate obligation and burden of having to perform this function, aligning the Code with present practice. Fiscal Impact: There is no fiscal impact if adopted. Without this amendment, the Plan would not be able to rely upon determinations of the City's workers' compensation carrier. Additionally, the City Clerk's Office would have to assume providing secretarial services, that it does not presently provide, which could have an impact on the present operations of the City Clerk's Office and the City budget if additional staff were required. 1186 Attachments: Ord nance_No._23-007-_Ordinance_Employees_Pension_Amendment_(00549773- 2xC4B6A). pdf General—Pension Amendments_Presentation_Boynton_Beach_3-9-2023. pdf 1187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 23-007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE EMPLOYEES' PENSION PLAN BY AMENDING ARTICLE II, DIVISION V, BY AMENDING SECTION 18-126 OF THE BOYNTON BEACH CODE OF ORDINANCES, ENTITLED "DISABILITY RETIREMENT BENEFITS;" FURTHER AMENDING SECTION 18-142, ENTITLED "SECRETARY OF BOARD DESIGNATED;" PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach ("City") provides defined benefit retirement plans for its employees; and WHEREAS, the City's Employees' Pension Plan ("Plan") provides a disability benefit for members deterinined to be totally and permanently disabled; and WHEREAS, the Plan presently only permits a determination of total and permanent disability to be made by the City's Long Term Disability Company, and it is desired that such determination alternatively be permitted to be made by the City's workers' compensation carrier as may be applicable; and WHEREAS, the City Clerk is designated to serve as the secretary to Plan; and WHEREAS, the Employees' Pension Plan Board of Trustees ("Board") has requested that the Plan be amended to authorize the Board to select and appoint a person or company to serve as the secretary to the Board; and WHEREAS, City Administration recommends amending Article I1, Division V, by amending Section 18-126 and Section 18-142 as more particularly set forth herein below; and {00549773.230!,9001821 } Page 1 of 6 CODING: Words in*i'r�� type are deletions from existing law; Words in underlined type are additions. 1188 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 WHEREAS, the City Commission has determined that such amendments would be in the best interests of the City and members of the Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "whereas" clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Section 18-126 of Article 11 of Chapter 18 of the City of Boynton Beach's Code of Ordinances is hereby amended as follows: Sec. 18-126. Disability retirement benefits. (a) Any member with less than 10 years of service who receives a medically substantiated injury, disease or disability, which injury, disease or disability totally and permanently disabled him/her to the extent that, in the opinion of the Long Term Disability Company, he/she is unable to perform all the material duties of his/her occupation, and in the event of recovery prior to the otherwise normal retirement date, and return to full-time employment with the City of Boynton Beach, credit for service during the period of disability shall be granted for purposes of subsequent retirement benefits. (b) For purposes of this plan, if the employee is found to be totally and permanently disabled by the city's Long Term Disability Company or Workers' Compensation Carrier, as may be applicable, the employee will be deemed to be totally and permanently disabled under the Plan. If the employee disagrees with the Long Term Disability Company's or Workers' Compensation Carrier's determination, an appeal must be made to the Pension Board in a timely manner. The Board shall conduct a preliminary determination as to whether the member is permanently and totally disabled based upon the written documentation presented. If the Board does not grant the application based on the written documentation, it shall inform the member in writing of the reasons for the denial of the application. The member may, within 30 days of receipt of the Board's preliminary denial, request a full evidentiary hearing before the Board. Said hearing will be conducted consistent with the principles of due process and the rules of evidence generally applicable to administrative proceedings shall apply. The Board shall have the power to issue subpoenas compelling the attendance of witnesses. At said hearing the applicant may present 100549773.2 30!,9001821 } Page 2 of 6 CODING: Words in*Fi'r�� type are deletions from existing law; Words in underlined type are additions. 1189 67 such oral and written evidence as the applicant deems necessary to 68 establish its burden of proof. The Board may appoint special counsel as 69 an advocate to cross-examine witnesses and to offer argument in 70 opposition to the application. The attorney for the Board shall not serve 71 both as advocate and as advisor to the Board in the same proceeding. 72 The applicant and the Board shall have the right to examine and cross - 73 examine all witnesses. The decision of the Board shall be based solely 74 upon the evidence presented and the law applicable to this plan. 75 Following the conclusion of the hearing, the Board shall render an 76 opinion in writing setting forth the reasons for the grant or denial of the 77 benefit. In the event the disability is denied, the applicant shall have the 78 right of judicial review by complaint for common law certiorari in the 79 Circuit Court of Palm Beach County. The Board may prescribe rules of 80 procedure to implement the provisions of this plan relating to the 81 conduct of disability hearings. 82 (c) Disability exclusions. No member shall be granted a 83 disability pension upon a showing to the satisfaction of the Board: 84 1. That the disability resulted from an intentionally 85 self-inflicted wound, injury or ailment, or 86 2. That the disability resulted from the use of narcotics, 87 drugs or alcoholic beverages, or 88 3. That the disability resulted from a member's 89 participation or involvement in riot, insurrection or unlawful 90 assembly, or 91 4. That the disability resulted from a member's 92 participation or involvement in the commission of a crime or 93 unlawful act, or 94 5. That the disability resulted from injury or disease 95 sustained by the member while serving in any armed forces. 96 This exclusion does not affect members who have become 97 disabled as a result of intervening military service under the 98 federal Heroes Earnings Assistance and Relief Tax Act of 2008 99 (H.R. 6081; P.L. 110-245). 100 Section 3. Section 18-142 of Article II of Chapter 18 of the City of Boynton 101 Beach's Code of Ordinances is hereby amended as follows: 102 Sec. 18-142. Secretary of board designated. 103 The city clerk or deputy clerk shall be secretary to the board 104 under this plan. This responsibility may be delegated by the Cites 105 to a person or company as may be selected by the pension board. {00549773.2306-9001821; Page 3 of 6 CODING: Words in*fi'�� type are deletions from existing law; Words in underlined type are additions. 1190 106 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of 107 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 108 conflict. If any clause, section, or other part or application of the Ordinance shall be held 109 by any court of competent jurisdiction to be unconstitutional or invalid, such 110 unconstitutional or invalid part or application shall be considered as eliminated and so not 111 effecting the validity of the remaining portions or applications remaining in full force and 112 effect. 113 Section 5. If any clause, section or other part of this Ordinance shall be held 114 by any court of competent jurisdiction to be unconstitutional or invalid, such 115 unconstitutional or invalid part shall be considered as eliminated and in no way affecting 116 the validity of the other provisions of this Ordinance. 117 Section 6. It is the intention of the City Commission of the City of Boynton 118 Beach that the provisions of this Ordinance shall become and be made a part of the Code 119 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may 120 be renumbered, relettered, and the word "Ordinance" may be changed to "Section", 121 "Article", or such other word or phrase in order to accomplish such intention. 122 Section 7. This Ordinance shall take effect when all of the following have 123 occurred: 124 a. the City Commission has received and has accepted a report establishing 125 the actuarial soundness of this amendment; and 126 b. the amendment has been sent to the State of Florida Division of 127 Retirement; and {00549773.2306-9001821; Page 4 of 6 CODING: Words in*fi'�� type are deletions from existing law; Words in underlined type are additions. 1191 128 C. when a collective bargaining agreement ratifying the foregoing 129 amendment to the pension benefits has been ratified by the City 130 Commission and the Broward County Police Benevolent Association, or 131 its successor organization. 132 Upon satisfaction of all of these above requirements, then in that event, the terms 133 and provisions of this Ordinance shall become effective. 134 135 THE REMAINDER OF THIS PAGE HAS 136 BEEN INTENTIONALLY LEFT BLANK. 137 {00549773.2306-9001821; Page 5 of 6 CODING: Words in*fi'�� type are deletions from existing law; Words in underlined type are additions. 1192 138 FIRST READING this day of 12023. 139 SECOND, FINAL READING AND PASSAGE this _ 140 2023. 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 ATTEST: Maylee DeJesiis, MMC City Clerk (Corporate Seal) day of , CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney YES NO {00549773.2306-9001821; Page 6 of 6 CODING: Words in*fi'E�� type are deletions from existing law; Words in underlined type are additions. 1193 a 0 so 0 0 so 0 Ell El Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Ordinance No. 23-012 - Second Reading - Proposed regulations for Short - Term Rentals Requested Action by Commission: Approve modifications to the Code of Ordinances, Chapter 13. Licenses, Article I and Article V to establish a new Article V. named Rental Housing with a regulatory framework for Short - Term Rentals including an application process, applicable terms and definitions, operational and technical standards and processes, and specific enforcement measures and penalties. Corresponding amendments also include reformatting existing Article V as Article VI, and changes to Chapter 2. Article V of the Code Compliance portion of the Code for appropriate insertions for consistency with and references to the new Short -Term Rental sections. Explanation of Request: Staff delivered an overview of this project to the City Commission in November of last year, and the Commission responded with the directive to continue the analysis and ultimately return with a draft ordinance for consideration. Staff completed its analysis which generally consisted of a review of the City's current regulatory system applicable to the rental of residential properties, and the drafting of amendments to the City's Code of Ordinances. The draft code amendments include the reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential rental uses with the proposed new sections applicable to Short -Term Rentals (abbreviated STR) within a new Article V. Proposed Article V consists of terms and definitions relative to both STRs and the traditional/long-term residential rentals, the more expanded application requirements for the STRs, technical or operational requirements, and a new compliance process to correspond with regulating STRs. Lastly, staff is completing a separate Business Tax application for STRs that reflect the unique requirements and standards applicable to this use. The primary considerations in drafting the subject regulations included the format and procedural components of the existing City Code of Ordinances, selected standards and processes adopted by other local governments, worse case experiences involving STRs in the region, what staff understands to be the principal potential impacts of STRs on the community, and the limits on local governing actions set by Florida Statutes. The draft products were 1198 vetted in a team setting including staff from the Planning & Zoning, Community Standards, and Business Tax Divisions of the Development Services Department. Technical input was also obtained from the City's Police Department. Lastly, the draft ordinance includes a few amendments to sections in other chapters and articles of the Code of Ordinances for connectivity and consistency purpose (e.g. cross- references). Key Factors Influencing the Draft Ordinance and Selected Components The problems most commonly associated with STRs, in addition to careless property management and lack of oversight, include noise, traffic and vehicle parking, excessive property occupancy, and unruly behavior of guests and property damage. Therefore, selected requirements and standards emphasize intensity of use and namely maximum occupancy, strict parking requirements, optimal and proactive property management, and compliance with more stringent and current life/safety and building codes applicable to group housing. Specific examples of standards applicable to STRs include: • Maximum overnight occupancy being a factor of house size— 2 persons per bedroom plus to persons, but not to exceed 10 persons in a dwelling unit; • Maximum number of individuals gathering at a STR is not to exceed 1 �/2 times the maximum registered occupants up to a maximum of 15 persons; • The requirement of a registered guest at least 25 years old when there are visitors or guests under the age of 21; • Requiring vehicle parking on approved driveway surfaces and specifically prohibiting parking on yards, swales, sidewalks, and rights-of-way; • Requiring the STR to be equipped with a land (phone) line to ensure communications of guests with emergency services and the local responsible party; • Emergency lighting to be hard -wired at each principal ingress/egress of each inhabitable structure on the STR property; • Prohibiting the operating of any commercial or a non-residential activity at a rental; • Prohibiting more than one lease arrangement at a STR; • Requiring a new property inspection at time of annual renewal for each STR; • Requiring a designated Local Responsible Party to be in close proximity for adequate responsiveness and weekly visits to the property to ensure compliance; and • The posting of all operational rules of the STR and contact information for the Local Responsible Party for the benefit of and maximized compliance with the STR rules and standards by the guests. Enforcement and Penalties To further ensure the compatibility of STRs with the surrounding neighborhood, to prevent negative impacts, and to facilitate expedited halting of violations associated with the STR, more stringent enforcement measures are proposed. Such measures include for example: • Making fines imposed for violations not eligible for reduction; • Applying the maximum fine of $15,000 for violations involving maximum persons and non-residential and or commercial use of the property as deemed by the ordinance as 1199 irreparable or irreversible violations; and • Applying suspension time frames that increase with repeat violations and range from 30 days to over 1 year. Optional Requirements or Standards Staff has included the requirements and standards in the draft ordinance that are reasonable and that address the potential hazards and nuisances associated with poorly managed Short - Term Rentals. However, although not recommended by staff, there are additional requirements adopted by other cities in the sample regulations reviewed by staff that the City Commission could consider if an even more stringent and conservative regulatory system is preferred. Such optional requirements could include the following: • Hardwiring of smoke and carbon monoxide detection and notification systems, which is a code requirement for group occupancies, for example, in the Florida Building or Life Safety Codes; • Sound measuring and reporting equipment that notifies the local responsible party when interior or exterior noise/sound exceeds a certain decibel level; • Requirement for the Local Responsible Party to obtain and maintain a property manager license; • Reduce required distance that the LRP can reside from the corresponding STR to increase likelihood of required oversight of the STF; • Decrease maximum occupancy limits; • Increase applicability to rentals with leases of less than 90 days rather than 30 days; • Retain the services of a vendor to regularly conduct searches for unapproved STRs, track violations, etc. and • Requiring public notification of a Short -Term Rental approval. How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: 23-012 Short _Term_Rentals_-_Ordinance_2nd_reading_.pdf CDRV_23-006_Staff Report.pdf Rental Housing / Short -Term Rentals - Amendment Staff Presentation 1200 1 2 ORDINANCE 23-012 3 4 AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF 5 BOYNTON BEACH, FLORIDA, AMENDING THE CITY OF BOYNTON 6 BEACH'S CODE OF ORDINANCES; CHAPTER 2 "ADMINISTRATION", 7 ARTICLE V "CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE"; 8 AMENDING CHAPTER 13, "LICENSES", ARTICLE I "BUSINESS TAX 9 RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY"; AMENDING 10 CHAPTER 13, "LICENSES", ARTICLE V "RENTAL DWELLING UNITS" TO 11 RENAME AND RENUMBER THE ARTICLE; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION; AND PROVIDING FOR AN EFFECTIVE 13 DATE. 14 WHEREAS, the purpose of this Ordinance is to establish specific processing 15 requirements and standards applicable to the renting of residential properties; and 16 WHEREAS, these amendments to the City's Code of Ordinances include the 17 reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential 18 rental uses with the proposed new sections applicable to Short -Term Rentals (abbreviated STR) 19 within a new Article V; and 20 WHEREAS, the amendments consist of terms and definitions relative to both STRs and 21 the traditional/long-term residential rentals, the more expanded application requirements for 22 the STRs, technical or operational requirements, and a new compliance process to correspond 23 with regulating STRs; and 24 WHEREAS, the amendments also include a few amendments to sections in other 25 chapters and articles of the Code of Ordinances for connectivity and consistency purpose (e.g. 26 cross-references); and 27 WHEREAS, the proposed regulations for STRs are intended to be consistent with the 28 limitations on local regulation of vacation rentals under Florida law; and 29 WHEREAS, having considered the recommendations of staff, the City Commission has 30 determined that it is in the best interest of the citizens and residents of the City of Boynton 31 Beach to approve the amendment to the City's Code of Ordinances as contained herein. 32 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR THE CITY OF 33 BOYNTON BEACH, FLORIDA, AS FOLLOWS: 34 Section 1. The foregoing whereas clauses are true and correct and are now ratified 35 and confirmed by the City Commission. A 1201 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 2 "Administration", Article V, "Code Compliance Board; Special Magistrate" is hereby amended as follows: CHAPTER 2 ADMINISTRATION ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE Sec. 2-85. Criteria for lien reduction. The following criteria must be complied with prior to a lien reduction hearing before the Code Compliance Board or Special Magistrate (also see Chapter 13, Article V for exclusion of fee reductions resulting from certain violations involving Short -Term Rentals): (1) The property in question must be in total code compliance and an affidavit of compliance must be issued for the code compliance case that is being appealed. (2) The subject property must be free of all outstanding debts (including taxes) due the city. (3) An application fee of two hundred dollars ($200.00) must be included for the application to be processed. (4) This section does not apply to lien waivers or reductions sought in conjunction with redevelopment of commercial and residential properties pursuant to the provisions of Section 2-93 of this Chapter. Sec. 2-91. Violations and penalties. (a) The following table of violations and penalties shall be assessed by code enforcement officers and shall be followed by the county court system as a special Magistrate pursuant to section 2-82 of this Code, in its review and adjudication of matters in accordance with this Article. The schedule of penalties set forth below is not intended to be all inclusive. The penalty for violation of other codes or ordinances of the city heretofore or hereafter created and not enumerated herein shall be enforced in the manner provided for therein. Set See Chapter 13, Article V for the declaration of irreparable or irreversible actions and therefore application of the maximum fee of $15,000 per violation resulting from certain violations involving Short -Term Rentals. {12 1202 79 Section 3. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses", Article 80 I, "Business Tax Receipts and Certificate of Use and Occupancy" is hereby amended as follows: 81 CHAPTER 13. LICENSES 82 ... 83 ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY 84 ... 85 Sec 13-4 Classification and fee schedule. 86 ... .. • • �r_�s�rr_�ess�n�s rir_�rr.�r_nss�■ s e�s+�s�senr_s�r_ x;gggm .. se cEupanEy esse a ness ax ._ 91 Thi,-; inc-di-id-es rental- - - 91 EOndeminium5, and mobile homes. • 30th. They must be Fenewed annually. Te avOid FeRewal late feeS, FeRtal •4 Business Tax ReEeipt fees aFe payableAf4eF jaiguaFy 30th, • FequiFe a Cede Cen9pliaREe (inteFier and - - - inspeEtien ef the - --- •6 , • •; Apply Ta4 •_ •. 11 if the iRspectieR preEess reveal ZeRiRg, BUildiRg, -01 they must be rcerreeted and a Fe iRspeEtieR made by the appFepriate GlepartFAP—Rt. The ewReF .02 is giveRadequate - 1 be 12 nl(1TC• Cees may ehaRge Prem time to time by OrdiRaRce of the City ("A-mmissie.p The rvv-r�rcc T�rcr��Trn-rgc�rvrrrcm��cv cmT ccvrcrn. cr��cvmrrtr��n�rr. -rrrc 13 {3 1203 n � us y bexes aFe net- -5 f0F mailing PWFPeses, and aEtual 5tFeet addFes5es aFe 1 - the Eity the nange, address, and leEal- 2 The ewner may designate as his er heF FesideRt ageRt any natural peFSeR eighteeR (19) years - �- - the Fesident agent- be ------- effeEtive -- - it shallbe the sele respensibilityof -- 1 ewneF te appOiRt- iRfeFR9ef his EOF 4 The ewneF OF the FesideRt agent shall be deemed to - •_ (2). SeFViEe ef netiEe of the FesideRt agent shall be deemed seFYiEe ef RetiEe 137 Sec. 13-5. Provision for unlisted businesses or occupations. 138 All businesses must obtain a Certificate of Use and Occupancy prior to operating within the 139 city. The city may hereinafter classify and issue Business Tax Receipts for businesses or 140 occupations not specifically listed herein. The city shall establish a classification for new 141 businesses or occupations in accordance with the United States Standard Industrial 142 Classification of Establishments (SIC). The Business Tax Receipt tax established by the city for 143 any business not specifically listed herein shall be commensurate with the rate structure and 144 classifications set forth in Sec. 13:4, and shall be established by resolution of the City 145 Commission following application but prior to issuance of a Business Tax Receipt for the 146 unclassified business. 5��•�� yrs-i.�:.:..... �1,� �,u��.z �r.�r ��r.�r:r� e�r,�rrsr�r.�rr�s lJ��...�:<�!1 �--.L��:IL liTlt9.1�-11�1.11111RR111 IlL I�l�1 SJ: J:Ll�l�I1Ri S9l1Sl.�:l711 �:Il SJR 49 50 51 ,MAI 1204 52 ---Q) The PeFSeR has paid the appkatien fee, inspeEtOOR fee eF Fe iRSpeEtieR fee, When 53 app*i aha 54 55 , 56 . 57 (b) A protest te a ElaSS*fiEat*eA eF fee shall be Rgade in writing te the City C!eF!( with 58 c-aleRdaF days f9lIeWiRg Aefthe Ta)( ReEeipt. Paffily-re te- timely file a pmtest 59 60 rP-RP-%A.f-;; I e- f the Business Ta)( ReEeipt, in whiEh Ease the right te pretest shall hin rinwiwppl fAr ;;P 61 -30 days felle Pe of a repeyval Q, Ta., ReEeipt 62 (E) A pretest, when timely filed, shall be r .,.J fell. ws: 64 65 within 45 days of the filing ef the PIFetest. The City Manageic shall EensideF any WE)Fnqatien 66 submitted by the peFSeR filing the PFOtest and any iRfE)Fmatien submitted by the 67 68 69 . 70 The City ManageF's FePeFt shall be filed with the City C!eF!( and stAbFnitted to the City 71 72 repGFt shall -he fervMard-ed tG persGR i.vhe fled- the pretest, alGRg with a Retir-ne ef the date AP 73 w ic—h theTepeFt is be sub.r itte,- +„ the City CemFnissie!Pl. 74 ---(A) The City CA-MA4-s-sieR shall rezvie�.v the pretest and the City Managers repert and sha4 75 either grant er deny the pretest. if the pretest is granted the City QpnmissieH shall adjust the 76 77 p e esti g pers.,� �5 !,f +he -.J u sted � shall -be ref, r,ded by the +y F' .� r - -' -- r v�--cr'c-c`csJ'a `� � 78 79 180 shall be On the peFSE)R initiating the aEtwOR. 81 Sec. 13-76. Application and reapplication fees for Certificate of Use and Occupancy, 182 inspections, and Business Tax Receipt; required for use of any property for commercial 83 or industrial purposes or for resid-^n+ial dwelling rental housing: 84 It shall be unlawful and a violation of the City Code for any person or entity, either directly or 85 indirectly, to conduct or enter into a business, profession, or occupation, including the rental 86 of real property, within the city without first obtaining a Certificate of Use and Occupancy and 87 being issued a local business tax receipt by the city. Further, it is unlawful for a property 88 owner to allow by lease, license, grant or other written or oral agreement, the use of any real o5 1205 89 property for the operation of a business without a valid and current Certificate of Use and 90 Occupancy including required inspection and Local Business Tax Receipt. Violation of this 91 section is violation of the City Code punishable under Chapter 2, Article V of this Code. 192 (a) Prior to the issuance of a Business Tax Receipt, a person shall file an application for 93 Certificate of Use and Occupancy with the ECity. The application shall be on a form 94 prescribed by the ECity, and shall be filed together with such other documents as hereinafter 195 set or as required by state law. The Business Tax Receipt portion of the form shall require 196 disclosure of the Federal Identification Number or Social Security number of the person to be 197 licensed. 198 (b) Each application for a Certificate of Use and Occupancy shall be accompanied by an 199 application filing fee set by the City Commission by resolution, which shall cover the 200 Certificate of Use and Occupancy review to be undertaken by city zoning, and building 201 division staff. Inspections for environmental, Utilities, Code, Fire, and other departments, shall 202 be determined by the proposed use, the applicant shall pay for such inspections at a rate set 203 by the City Commission by resolution. In the event an application is denied due to failed 204 inspections, the application may, upon payment of a re -inspection fee set by the City 205 Commission by resolution, be reconsidered. 06 (c) Business Tax Receipts and Certificate of Use and Occupancy are issued for a period of 07 twelve months, from October 15t to the following September 30th. They must be renewed 08 annually with an annual renewal fee approved by the City Commission. To avoid renewal late 09 fees, fees are payable by October 1 st. After January 30th, late renewals require a Code 10 Compliance (interior and exterior) inspection of the property. Also see Article V for additional 11 inspection requirements.CP-.r+;f,c,+o of Use Ohry QcewpaRey repo e,-awo o-Ach yearwith a4 - -- - - -- - - - -- - - - - - - - - 111 - - - - - - - - -111111- --- ----- - --- = P17 (ed) If the real property that is to be used for the operation of a business is subject to 218 unpaid city fines, fees or Code violation liens, the city shall not issue a Certificate of Use and 219 Occupancy or conduct a use and occupancy inspection until such time as all liens, fines or 220 fees on the property are fully paid, including interest due and any assessable costs and until 221 all Code violations are brought into compliance. 22 (fe) Local R -responsible PpartyLf RP) required. 23 (1) Whenever any property is required to have a Certificate of Use and Occupancy under 24 this article, the owner shall designate in writing, on a form provided by the city, a local 25 responsible party which shall be a minimum of twenty-five years of age, for contact by city 26 officials relating to the property. The owner shall also provide a valid address and phone 27 number for the lecai Fespen ible paFt LRP. U 1206 28 (2) The leEal Fespensible partyLRP under this section must reside within Miami -Dade, 29 Broward, Palm Beach, Martin or indian Lucie County, except that the LRP for a Short - 30 Term Rental must reside within Broward, Palm Beach or Martin County. The purpose of this 31 more restrictive locational standard applicable to Short -Term Rentals is to ensure that the 32 handling of matters requiring onsite presence of the LRP are attended to within 33 approximately one (1) hour. The property owner may be the designated LRP if they meet the 34 requirements of this Article. ny E)wneF • "^ Fesides eutside Of FI„r;da „f+heF at the tiffle 6f 35 36 designate a lecal respensible party that Eemplies with the City Cede. 37 (3) A Decal FeSpeRsible part„ LRP shall have the authority to adequately and timely 38 respond to any Code compliance issues that may arise on the subject property and shall be 39 responsible for the care, custody, control and compliance of the rental property. The Local 40 Responsible Party may apply for a Certificate of Use and Occupancy, Business Tax Receipt, 41 and inspections on behalf of the owner. 42 (4) An owner shall notify the ^ir^�oTDevelopment Department in writing of any 43 change in the designation of the local responsible party within ten (10) business days of such 44 change. 45 (5) Failure to designate or engage a 18Eal Fespensible party LRP meeting the 46 requirements of this section shall be a violation of the City Code punishable under C hapL2ir... , 47 Aiftidle V of this Code. 48 49 50 51 Receipt. Vie-latieR ef this secctie.p is vielatiep ef the City Cede puRishable URder Chapt 52.46r -lo V Af this redo (4f) Only one (1) Certificate of Use and Occupancy shall be issued for 253 each parcel of real property as described by the Palm Beach County Property Appraiser's 254 Office through the provision of a property control number. Certificate of Use and Occupancy 255 is not transferable. 56 (+g) All Certificate of Use and Occupancy applications are subject to inspection of the real 57 property being used for the operation of the business by the C -City. The Certificate Use and 58 Occupancy inspection charges shall be set by resolution of the ECity ECommission. If the 59 inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must �60 be corrected and a re -inspection made by the appropriate department. All violations must be 61 corrected before approval of occupancy. If the owner of a dwelling does not reside at the 262 dwelling, and the dwelling is occupied by anyone, including a relative of the owner of the 63 dwelling, there is a presumption that the dwelling is being rented and must have a Certificate 64 of Use and Occupancy and a -bBusiness-tTax-FReceipt. This presumption may be rebutted by 65 the owner of the dwelling applying for an exemption from the Certificate of Use and 66 Occupancy and-bBusiness Jax -FReceipt. The exemption application shall include an affidavit 67 effrom the owner that all persons residing at the dwelling are relatives of the owner and that o7 1207 268 these relatives pay no rent or other consideration for the privilege of living at the dwelling 269 and that the relatives provide no maintenance or other services in return for the right to live 70 at the dwelling. The app';E-,+",^ f^^ feF +"^An exemption application must be filed each year 71 that the property is used in this manner.-"_" "^ ^+ by r elutien Of the tyEE)FFIMOSSOORr a 72 must be ebtained eveFy year, 73 (hl A Short -Term Rental approved by the City to operate as a residential rental prior to 74 the adoption of these regulations cannot be automatically renewed. A new application must 75 be filed and be reviewed and processed in accordance with all applicable requirements of 76 Article V as well as Article I of this Chapter. 277 78 Sec. 13-67 Administrative remedv to challenae classification or fee. 79 (a) Any person may protest the classification or fee applicable to that person provided: 80 (1) The person has filed an application for the issuance of a Certificate of Use and 81 Occupancy and a Business Tax Receipt in accordance with the procedures set forth herein, 82 and 3 (2) The person has paid the application fee, inspection fee or re -inspection fee, when 4 applicable, and 5 (3) The person has received a Certificate of Use and Occupancy and paid the Business 6 Tax Receipt fee requested by the city, and 7 (4) The Business Tax Receipt has been issued. 8 (b) A protest to a classification or fee shall be made in writing to the Development 9 Department within 30 calendar days following issuance of the Business Tax Receipt. Failure to 0 timely file a protest constitutes a waiver of protest and no further challenge may be made by 1 that person until renewal of the Business Tax Receipt, in which case the right to protest shall 2 be revived for an additional 30 days following issuance of a renewed Business Tax Receipt. 3 (c) A protest, when filed timely, shall be processed as follows: 4 (1) Staff shall conduct a review of the protest and render a written report within 45 days of 5 the filing of the protest. Staff shall limit the report to an evaluation of whether the tax which 6 is being protested is based on a reasonable classification and is uniform throughout the class. 7 (2) The staff report shall be forwarded to the City Commission at the second meeting 8 following completion of the report. A copy of the report shall be forwarded to person who 9 filed the protest, along with a notice of the date on which the report is to be heard by the 0 Citv Commission. 1 (3) The City Commission shall either grant or deny the protest. If the protest is granted, the 2 City Commission shall direct staff to adjust the classification or fee consistent with applicable 3 state and local procedural requirements. Once the fee and/or classification are adjusted,a-R4 IN 1208 04 any tax previously paid by the protesting person, in excess of the adjusted tax, shall be 05 refunded by thL cit. 06 (4) A decision of the City Commission may be appealed to the Circuit Court of Palm Beach 07 County, Florida. The Circuit Court review shall be de novo, and the burden of proof shall be 08 on the person initiating the action. 09 ... 310 Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal. 311 ... k12 (i) See Article V., Section 13-97 for suspension provisions, timeframes and restrictions. 313 ... 4 ARTICLE V. RENTAL HOUSING 5 Section 13-92. Purpose. 6 The Purpose of this Article is to establish specific processing requirements and standards 7 applicable to the renting of residential properties. Such business activities are referred to as 8 Standard Residential Rentals and Short -Term Rentals (also known as vacation rentals). The 9 City Commission acknowledges the possible negative impacts of transitory uses of residential 0 properties on the character of, and quality of living in the community. Therefore, it is 1 necessary and in the interest of the public health, safety, and welfare to apply monitoring, 2 requirements, operational standards, and revocation and violation penalties appropriate to 3 said uses to prevent and/or mitigate impacts created by such transitory uses of residential 4 property. It is the intent and purpose of such requirements to preserve the quiet nature and 5 atmosphere of residential areas as expected by the city's residents. It is unlawful for any 6 owner and/or operator of any property within the City to rent or operate Rental Housing 7 contrary to the procedures and regulations established or referenced in this Article as well 8 as Article I. 9 Section 13-93. Definitions. 0 For the purposes of this Article, the following definitions shall apply - 1 Standard Residential Renta/. Standard Residential units that are not rented for less 2 than (30) days (or one U calendar month) for more than three (3) times in a calendar 3 year. Such residential rentals are therefore not classified as Short -Term Rental as also 4 defined and reaulated by this Article. This tvpically represents the Drincipal residence of 5 the occupant(s). 6 Short -Term Renta/ (STR). A Short -Term Rental, also called a vacation rental and a Public 7 Lodging Establishment in Florida Statutes, is any unit or group of units in a condominium or 8 cooperative or any individually or collectively owned single-family, two-family, three - IN 1209 9 family, or four -family dwelling unit or structure that is advertised and/or rented to transient 0 occupants more than three (3) times in a calendar year for periods of less than thirty (30) 1 days or one (1) calendar month. 2 Transient Occupant. Any person who rents or occupies any dwelling unit or any part 3 thereof, as its temporary or secondary residence, that meets the definition of a Short - 4 Term Rental Unit. 6 Overnight. For the purposes of this subsection, "overnight" shall mean a period between 7 10:00 p.m. and 7 a.m. the following day;. 9 Section 13-94. Application for Standard Residential Rental and Short -Term Rental 0 Approval and Renewal. 1 No property owner, responsible party, or peer-to-peer platform entity shall offer as a Rental 2 or allow any person to rent or occupy such properties, any property in whole or in part within 3 the City, unless a Certificate of Use and Occupancy and Business Tax Receipt has been 4 obtained in accordance with the procedures and requirements of Article I of this Chapter. If 5 any conflict exists between the requirements in this Section and other sections in this Article 6 or other articles and Chapters of the Land Development Regulations, the requirements of this 7 Article shall prevail. This includes single-family dwellings (attached and detached), two-family 8 dwellings, individual multi -family dwellings including condominiums, and mobile homes. 9 0 1 2 3 4 65 66 67 68 69 70 71 72 73 74 75 The approval requirements are as follows: (a) Submittal of a complete and separate application for each unit subject to the requirements of this article; (b) Payment of non-refundable application fees for an STR as follows (see Section 13- 4 of this chapter for other residential rental fees); (1) Initial application fee (includes first City inspection): $525.00 (2) Renewal application fee (includes first City inspection): $325.00 (3) Reinspection fee: $100.00 (c) Submittal of an affidavit of compliance with all requirements herein endorsed by both the property owner and Local Responsible Partyr;. (d) Annual renewal of the approval in accordance with the requirements of this Article and Article I, except that where a discrepancy exists in any procedural requirement, the requirements of this Article shall prevail; {}10 1210 76 lel Submittal of a detailed, neatly drawn and legible sketch of the rental property 77 including floor plan and site plan indicating but not limited to number of and size of 78 bedrooms, swimming12ool and what represents the required safety barrier, storage 79 areas for waste and any recreational vehicles, parking spaces marked on the drawing 80 and measured to indicate compliance with minimum requirements; 81 82 (f) A new application is required when any of the following changes are proposed 83 to an approved application: 4 (1) A change in the gross square footage; 5 (2) A change in the number of bedrooms; 6 (3) A change in the maximum occupancy;. 7 (4) A change in the number and/or location of parking spaces, and 8 (5) A change in ownership of the property. 9 0 Uoon comaletion of the chanaes or alterations to the brogerty the owner shall notif 1 the city within ten (10) days of completion. A new Certificate of Use and 2 Occupancy/Business Tax Receipt may be issued if the conditions of this Section have 3 been met and all required permits have been issued for the changes or alterations. 4 Additional fees may apply in accordance with Section 13-4 of this chapter. 5 (g) A STR approved by the City to operate as a residential rental prior to the adoption of 6 these regulations cannot be automatically renewed. A new application must be filed 7 and be reviewed and processed in accordance with all applicable requirements of this 8 Article as well as Article I. 9 0 {f}(h) The application for an STR shall include a fully executed agreement with the City of 1 Boynton Beach Police Department authorizing police officers to address trespassing 2 matters on behalf of the property owner. 3 4 Section 13-95. Technical and Operational Requirements and Restrictions Applicable to 5 both Standard Residential Rentals and Short -Term Rentals. 06 (a) Minimum Life/Safety Requirements: 07 (1) A swimming pool, spa or hot tub shall comply with the current standards of the 08 Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes. 09 (2) All dwelling units shall meet the current minimum requirements of the Florida 10 Building Code. 1211 11 (3) A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be 12 installed, inspected and maintained in accordance with NFPA 10 on each 13 floor/level of the unit. The extinguisher(s) shall be installed on the wall in an 14 open common area or in an enclosed space with appropriate markings visibly 15 showing the location. M1."". 17 (b) At all times all automobiles shall be parked in an approved off-street parking space 18 or driveway on the property. The parking of automobiles on a swale, lawn, landscape 19 area, within the public right-of-way or sidewalk is prohibited. An exception for 20 parking in the right-of-way will be made when spaces are marked for on -street 21 parking. However, no parking in the right-of-way is permitted over -night. For a 22 description of over -night hours, see subparagraph (b)(2) below. 3 (c) Solid waste handling and containment. Waste handling shall adhere to the 4 requirements of Chapter 10, Article II, of the Code of Ordinances. 25 (d) To benefit the safety of, and maximize compliance with rules and standards by the 26 tenants, the rental unit shall include a posting of these requirements clearly visible to 27 the tenants. 8 (e) Whole unit rental required. Rentals shall be leased as a whole to a guest or guest 9 party. In no event may an individual sleeping room be offered for rent. However, 0 this standard would not prevent an owner who resides on the property from leasing 1 a portion of the unit, or from leasing additional units that are approved or 2 recognized as pre-existing on the property (e.g. an accessory dwelling unit). 3 (f) Noise. All registered guests and other occupants shall abide by noise standards in 4 Chapter 15, Article I, which are intended to prevent, prohibit and provide for the 5 abatement of excessive and unnecessary noise that may injure the health or welfare 6 or dearade the aualitv of life of the citizens and residents of the Citv. 7 (a) Rental property must be maintained in compliance with all applicable standards 8 contained within the Code of Ordinances and the Land Development Code of the 9 City. (h) It is unlawful for Rental Housing to be occupied by a sexual offender or sexual predator if so determined pursuant to Chapter 15, Article X of the Code of Ordinances. (i) It shall be unlawful for any person to obtain a Business Tax Receipt for another business while the property is approved for any unit subject to this Article. Therefore, no one shall engage in any commercial or non-residential activity at a rental. Such commercial and/or non-residential activities are generally described as the J2 1212 7 manufacturing, storing, distribution, or repair of merchandise; allowing employees, 8 clients, or customers on the premises for the purpose of engaging in activities as 9 clients or customers; use of the property address to advertise the premises other 0 than for its intended use as rental housing; posting or displaying signs on the 1 premises which indicate the premises are being used for a use other than its 2 intended use as rental housing; and using the property in any way that would be 3 recognized from the street or abutting properties as a deviation of its intended 4 residential use. 5 (i) There shall be posted at a prominent location near the entrance to the unit the 6 following information: 7 (1) The property address; 8 (2) Contact information for Local Responsible Party include name, address, phone 9 number, and email address; 0 (3) The maximum occupancy of the unit, differentiating between registered guests 1 and visitors; 2 (4) The maximum number of approved vehicles, and a copy of the detail site plan 3 showing approved parking spaces for vehicles; 4 (5) Rules applicable to waste management, including a _ arbage and trash containers 5 to be used, requirements for storage and screening, and the periods of time 6 containers can be kept curbside; 7 (6) The location of the nearest hospital and police station including the 911 8 emergency number and non -emergency number; 69 (7) A legible copy of the rental Business Tax Receipt and Certificate of Use & 70 Occupancy; and 71 (8) A legible copy of this Chapter. 72 73 Section 13-96. Technical and Operational Reauirements and Restrictions Onl 74 Applicable to Short -Term Rentals. 75 76 (a) Maximum occupancy 77 (1) Overnight occupancy at any rental unit shall be limited to two (2) persons per 78 sleeping room plus two persons, up to a maximum of ten (10) persons in a unit, 79 and maintain compliance with the occupancy limitations located within Chapter 80 10, Article IX, Section 10-57. The number of sleeping rooms, minimum size of J3 1213 81 sleeping rooms and/or maximum guests will be confirmed by a City inspector; 82 (2) The maximum number of individuals allowed to gather at a STR shall not exceed 83 one and one-half (1 1/z) times the maximum occupants registered at the 84 property, as shown on the Certificate of Use and Occupancy, and in no event 85 shall a gathering exceed 15 persons, regardless of the number of bedrooms; 86 (3) The tabulation of maximum occupancy limits in this subsection shall exclude a 87 maximum of four (4) persons under the age of 10; 88 (4) When any registered guest at a STR is under the age of 21, there must be 89 present at all times a registered guest at least 25 years old; and 90 (b) Emergency lighting. Hard wired emergency lighting shall be installed at the primary 91 ingress and egress of each inhabitable structure on the STR property. 92 (c) Performance of Local Responsible Party. In addition to the requirements of Chapter 93 13, Article I, the Local Responsible Party shall be responsible for ensuring 94 compliance with all requirements and standards related to the Short -Term Rental, as 95 well as the following: 96 (1) Posting of the occupant information as required by this Article; 97 (2) Receiving service of any violation of this Chapter; 98 (3) Visiting the rental dwelling unit at least weekly to ensure continued compliance 99 with at minimum, the property maintenance requirements of this Chapter and other applicable standards within the Code of Ordinances; and 1 (4) Acting as the designated contact for responding to complaints made by 2 neighbors against the rental tenants; 3 (d) Advertising. Any advertising of the STR shall conform to information included in the Certificate of Use and Occupancy, particularly as this pertains to maximum occupancy. Reference to the approved Certificate of Use and Occupancy shall be included in all advertising. Additionally, the property owner or designated 7 representative of the STR shall have a continuing obligation to provide to the City 08 with all venues and websites in which the unit is listed. 09 (e) Annual renewal of the STR requires the passing of a new inspection by City staff. 10 {a4 f) A fully executed agreement with the City of Boynton Beach authorizing 11 police officers to address trespass matters on behalf of the property owner. 512 513 514 J4 1214 15 Section 13-97. Penalties. Offenses, and Suspension. 16 The processing of violations against this Chapter is in accordance with Part II, Code of 17 Ordinances, Chapter 2, Article V. However, based on the Durpose statement within Section 18 13-90, the following requirements applicable to Short -Term Rentals also apply, which will 19 prevail if in conflict with Section 13-90 or other Chapters of the Code of Ordinances: 20 (a) Enforcement of the Code and Ordinances; Penalties. 21 (1) Any Certificate of Use and Occupancy requested or issued pursuant 22 to this Section may be denied, revoked, or suspended by the Development 23 Director or his/her designee ee upon the adjudication of a violation of this Section, 24 any City ordinance, or state law by the responsible party, property owner or 25 transient occupant attributable to the property for which the certificate of use 26 is issued. Such denial, revocation or suspension is in addition to any penalty 27 provided herein. 28 (b) Offenses/violations. 9 (1) Non-compliance with any provision of this Section shall constitute a violation of 0 this Section. 1 (2) Separate violations. Each day a violation exists shall constitute a separate and 2 distinct violation, except that violations regarding maximum occupancy, shall 3 constitute a single violation for a rental period. 4 (c) Remedies/enforcement. 5 (1) The Community Standards Division will act in accordance with Chapter 2, Article 6 V of the Code of Ordinances. However, any such fines imposed pursuant to 7 this Section shall not be subject to reduction by the Special Magistrate. 8 (2) The City Commission of the City of Boynton Beach hereby declares maximum 9 occupancy violations and nonresidential and commercial use of property violations of this Code to be irreparable or irreversible in nature and therefore, the Special Magistrate of the City of Boynton Beach shall have the authority to issue fines up to $15,000 per violation. (3) Additional remedies. Nothing contained herein shall prevent the City from seeking all other available remedies which may include, but not be limited to, suspension or revocation of a STR Certificate of Use and Occupancy/Business Tax Receipt, injunctive relief, liens and other civil and criminal penalties provided by law, as well as referral to other enforcing agencies. (d) Suspension. In addition to any fines and any other remedies described herein or provided for by law, Development Director or his/her designee may suspend a STR Certificate of Use and Occupancy/Business Tax Receipt in accordance with the J5 1215 i1 following: 32 (1) Suspension time frames (for violations occurring within 12 consecutive months): i3 a. Upon a second violation of this Section — up to a period of thirty(30j i4 calendar days. i5 b. Upon a third violation of this Section — up to a period of one hundred 36 eighty (180) calendar days. i7 c. Upon a fourth violation of this Section — up to a period of three hundred i8 sixty-five (365) calendar days. 39 d. For each additional violation of this Section — an additional thirty (30) i0 calendar days (i.e. a total of 395 days). i1 e. A short-term rental Certificate of Use and Occupancy shall be subject to i2 temporary suspension beginning five (5) working days after a citation or i3 notice of violation is issued for a violation of the Florida Building Code, 54 or Florida Fire Prevention Code. Such suspension shall remain in place i5 until the STR is re -inspected and it is determined by the City that the 56 violation no longer exists. 57 i8 (2) Suspension restrictions. A STR shall not be rented during any 39 suspension period. 70 a. The suspension shall begin immediately following notice of suspension, 71 commencing either: 72 1 at the end of the current rental lease oeriod: or 73 2 within thirty (30) calendar days, whichever date commences 74 earlier, or as otherwise determined by the special magistrate. 75 76 b. Operation during any period of suspension shall be deemed a violation 77 pursuant to this Section and shall be subject to daily fine, up to one 78 thousand dollars ($1,000.00) or to the maximum amount as otherwise 79 provided in Florida Statutes for repeat violations, for each day that the 30 rental operates during a period of violation. 31 32 c. An application for a renewal shall not be submitted during the period of 33 suspension. 34 (3) Appeal. All appeals of suspensions shall be to the Special Magistrate in J6 1216 5 accordance with Chapter 2, Article V of the Code of Ordinances. 7 (el Revocation. A STR Certificate of Use and Occupancy/Business Tax Receipt may be 8 revoked when more than two of the violations occur within 12 consecutive months 9 that involve the maximum persons standards, the lack of presence of a supervising 0 adult, or advertising/promoting the STR inconsistent with rules and standards of this 1 Article. Revocation action can also be taken by the City for a single offense involving 2 a felony or misdemeanor charge, if the action occurred on the subject property, and 3 resulted in injury to an occupant or a visitor to the property, or involved a drug - 4 related charge. All appeals of revocations shall be to the Special Magistrate in 5 accordance with Chapter 2, Article V of the Code of Ordinances. The subject 6 property is not eligible for STR approval for 12 months following the revocation 7 action. 8 (fl Enforcement. The provisions of this Section shall be enforced as provided in 9 Chapter 2, Article V of the Code of Ordinances. ME 601 Section 4. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses", Article V, 602 "Rental Dwelling Units shall be renumbered and renamed as follows: 603 604 ARTICLE VI. RESIDENTIAL NOTICE AND TENANT'S BILL OF RIGHTS 605 606 DIVISION 1. APPLICABILITY AND DEFINITIONS 607 608 Sec. 13-92-8. Title. 609 ... 610 611 Sec. 13-939. Applicability. 612 ... 613 614 Sec. 13-194100. Definitions. 615 ... 616 617 DIVISION 2. RENTAL NOTICES 618 619 Sec. 13-195101. Required written notice of termination of monthly residential tenancy 620 without specific duration. 621 ... 622 623 Sec. 13-196102. Required written notice of rental payment increases for residential 624 tenancies. J7 1217 625 ... 626 627 DIVISION 3. TENANT'S BILL OF RIGHTS AND NOTICE OF LATE FEES 628 629 Sec. 13-W103. Tenant's Bill of Rights; Landlord Notice Requirements. 630 ... 631 632 Sec. 13-99104. Late Fee Notices; Landlord Requirements. 633 ... 634 635 DIVISION 4. ENFORCEMENT 636 637 Sec. 13-99105. Enforcement. 638 639 Section 5. Each and every other provision of the City's Code of Ordinances not herein 640 specifically amended, shall remain in full force and effect as originally adopted. 641 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with 642 any provisions of this ordinance are hereby repealed. 643 Section 7. Should any section or provision of this Ordinance or any portion thereof be 644 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 645 remainder of this Ordinance. 646 Section 8. Authority is hereby given to codify this Ordinance. 647 Section 9. This Ordinance shall become effective as of October 1, 2023. 648 FIRST READING this 6th day of June, 2023 649 650 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 651 IN 1218 652 SECOND, FINAL READING AND PASSAGE this 18th day of July, 2023. 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney {}19 1219 REQUEST: Approve modifications (CDRV 23-006) amending the Code of Ordinances, Chapter 13. Licenses, Article I and Article V to establish a new Article V. named Rental Housing with a regulatory framework for Short -Term Rentals including an application process, applicable terms and definitions, operational and technical standards and processes, and specific enforcement measures and penalties. Corresponding amendments also include reformatting existing Article V as Article VI, and changes to Chapter 2. Article V of the Code Compliance portion of the Code for appropriate insertions for consistency with and references to the new Short -Term Rental sections. OVERVIEW Staff delivered an overview of this project to the City Commission in November of last year, and the Commission responded with the directive to continue the analysis and ultimately return with a draft ordinance for consideration. Staff completed its analysis which generally consisted of a review of the City's current regulatory system applicable to the rental of residential properties, and the drafting of amendments to the City's Code of Ordinances. EXPLANATION & PROPOSED AMENDMENTS The draft code amendments include the reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential rental uses with the proposed new sections applicable to Short -Term Rentals (abbreviated STR) within a new Article V. Proposed Article V consists of terms and definitions relative to both STRs and the traditional/long-term residential rentals, the more expanded application requirements for the STRs, technical or operational requirements, and a new compliance process to correspond with regulating STRs. Lastly, staff is completing a separate Business Tax application for STRs that reflect the unique requirements and standards applicable to this use. The primary considerations in drafting the subject regulations included the format and procedural components of the existing City Code of Ordinances, selected standards and processes adopted by other local governments, worse case experiences involving STRs in the region, what staff understands to be the principal potential impacts of STRs on the community, and the limits on local governing actions set by Florida Statutes. The draft products were vetted in a team setting including staff from the Planning & Zoning, Community Standards, and Business Tax Divisions of the Development Services Department. Technical input was also obtained from the City's Police Department. 1220 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-020 STAFF REPORT TO: Mayor and Commissioners THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director FROM: Michael Rumpf, Planner DATE: May 23, 2023 REQUEST: Approve modifications (CDRV 23-006) amending the Code of Ordinances, Chapter 13. Licenses, Article I and Article V to establish a new Article V. named Rental Housing with a regulatory framework for Short -Term Rentals including an application process, applicable terms and definitions, operational and technical standards and processes, and specific enforcement measures and penalties. Corresponding amendments also include reformatting existing Article V as Article VI, and changes to Chapter 2. Article V of the Code Compliance portion of the Code for appropriate insertions for consistency with and references to the new Short -Term Rental sections. OVERVIEW Staff delivered an overview of this project to the City Commission in November of last year, and the Commission responded with the directive to continue the analysis and ultimately return with a draft ordinance for consideration. Staff completed its analysis which generally consisted of a review of the City's current regulatory system applicable to the rental of residential properties, and the drafting of amendments to the City's Code of Ordinances. EXPLANATION & PROPOSED AMENDMENTS The draft code amendments include the reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential rental uses with the proposed new sections applicable to Short -Term Rentals (abbreviated STR) within a new Article V. Proposed Article V consists of terms and definitions relative to both STRs and the traditional/long-term residential rentals, the more expanded application requirements for the STRs, technical or operational requirements, and a new compliance process to correspond with regulating STRs. Lastly, staff is completing a separate Business Tax application for STRs that reflect the unique requirements and standards applicable to this use. The primary considerations in drafting the subject regulations included the format and procedural components of the existing City Code of Ordinances, selected standards and processes adopted by other local governments, worse case experiences involving STRs in the region, what staff understands to be the principal potential impacts of STRs on the community, and the limits on local governing actions set by Florida Statutes. The draft products were vetted in a team setting including staff from the Planning & Zoning, Community Standards, and Business Tax Divisions of the Development Services Department. Technical input was also obtained from the City's Police Department. 1220 Page 2 Short -Term Rental Amendment CDRV 23-006 Lastly, the draft ordinance includes a few amendments to sections in other Chapters and Articles of the Code of Ordinances for connectivity and consistency purpose (e.g. cross-references). Key Factors Influencing the Draft Ordinance and Selected Components The problems most commonly associated with STRs, in addition to careless property management and lack of oversight, include noise, traffic and vehicle parking, excessive property occupancy, and unruly behavior of guests and property damage. Therefore, selected requirements and standards emphasize intensity of use and namely maximum occupancy, strict parking requirements, optimal and proactive property management, and compliance with more stringent and current life/safety and building codes applicable to group housing. Specific examples of standards applicable to STRs include: • Maximum overnight occupancy being a factor of house size— 2 persons per bedroom plus to persons, but not to exceed 10 persons in a dwelling unit; • Maximum number of individuals gathering at a STR is not to exceed 1 %2 times the maximum registered occupants up to a maximum of 15 persons; • The requirement of a registered guest at least 25 years old when there are visitors or guests under the age of 21; • Requiring vehicle parking on approved driveway surfaces and specifically prohibiting parking on yards, swales, sidewalks, and rights-of-way; • Requiring the STR to be equipped with a land (phone) line to ensure communications of guests with emergency services and the local responsible party; • Emergency lighting to be hard -wired at each principal ingress/egress of each inhabitable structure on the STR property; • Prohibiting the operating of any commercial or a non-residential activity at a rental; • Prohibiting more than one lease arrangement at a STR; • Requiring a new inspection at time of annual renewal for each STR; • Requiring a designated Local Responsible Party to be in close proximity for adequate responsiveness and weekly visits to the property to ensure compliance; and • The posting of all operational rules of the STR and contact information for the Local Responsible Party for the benefit of and maximized compliance with the STR rules and standards by the guests. Enforcement and Penalties To further ensure the compatibility of STRs with the surrounding neighborhood, to prevent negative impacts, and to facilitate expedited halting of violations associated with the STR, more stringent enforcement measures are proposed. Such measures include for example: • Making fines imposed for violations not eligible for reduction; • Applying the maximum fine of $15,000 for violations involving maximum persons and non- residential and or commercial use of the property as deemed by the ordinance as irreparable or irreversible violations; and • Applying suspension time frames that increase with repeat violations and range from 30 days to over 1 year. • Revocation. A STR Certificate of Use and Occupancy/Business Tax Receipt may be revoked when more than two of the violations involve the maximum persons standards, 2 1221 Page 3 Short -Term Rental Amendment CDRV 23-006 the lack of presence of a supervising adult, or advertising/promoting the STR inconsistent with rules and standards of this Article. Revocation action can also be taken by the City for a single offense involving a felony or misdemeanor charge, if the action occurred on the subject property, and resulted in injury to an occupant or a visitor to the property, or involved a drug-related charge. All appeals of revocations shall be to the Special Magistrate in accordance with Chapter 2, Article V of the Code of Ordinances. Optional Requirements or Standards Staff has included the requirements and standards in the draft ordinance that are reasonable and that address the potential hazards and nuisances associated with poorly managed Short -Term Rentals. However, although not recommended by staff, there are additional requirements adopted by other cities in the sample regulations reviewed by staff that the City Commission could consider if an even more stringent and conservative regulatory system is preferred. Such optional requirements could include the following: • Hardwiring of smoke and carbon monoxide detection and notification systems, which is a code requirement for group occupancies, for example, in the Florida Building or Life Safety Codes; • Sound measuring and reporting equipment that notifies the local responsible party when interior or exterior noise/sound exceeds a certain decibel level; • Requirement for the Local Responsible Party to obtain and maintain a property manager license; • Reduce required distance that the LRP can reside from the corresponding STR to increase likelihood of required oversight of the STR including a revocation provision for selected criminal violations including involving property damage, personal injury and drugs; • Decrease maximum occupancy limits; • Increase applicability to rentals with leases of less than 90 days rather than 30 days; • Retain the services of a vendor to regularly conduct searches for unapproved STRs, track violations, etc. and • Requiring public notification of a Short -Term Rental approval. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Code of Ordinance to implements regulations for Short -Term Rentals. Attachments 1222 PART II. CODE OF ORDINANCES CHAPTER 2 AMDINISTRATION ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE Sec. 2-85. Criteria for lien reduction. The following criteria must be complied with prior to a lien reduction hearing before the Code Compliance Board or Special Magistrate W'wg�g§.g2 a II"napWgu ...:�� u�ili..;� �� for e�Auswuuuu dull fee rediu W oils uesWlt;in l firoi"nn a:r�Irtain bJoWum)uis uuv lo[„ ii'ig �at'110111 I r nnn Il,,:I,u W ulll (1) The property in question must be in total code compliance and an affidavit of compliance must be issued for the code compliance case that is being appealed. (2) The subject property must be free of all outstanding debts (including taxes) due the city. (3) An application fee of two hundred dollars ($200.00) must be included for the application to be processed. (4) This section does not apply to lien waivers or reductions sought in conjunction with redevelopment of commercial and residential properties pursuant to the provisions of Section 2- 93 of this Chapter. Sec. 2-91. Violations and penalties. (a) The following table of violations and penalties shall be assessed by code enforcement officers and shall be followed by the county court system as a special Magistrate pursuant to section 2-82 of this Code, in its review and adjudication of matters in accordance with this Article. The schedule of penalties set forth below is not intended to be all inclusive. The penalty for violation of other codes or ordinances of the city heretofore or hereafter created and not enumerated herein shall be enforced in the manner provided for therein. Ww w r, �„ IIS SIIuW 'ii n W, Artidka \11 )r tVhe deki dor n....(ill uua .pg� cabIlla) cu uuut up ull 111 w ,: ctons and th( ii'( foie app�luca6on of the un.aAiigu:aii Il111!r� rill W um W 'u ��' ��.:,uu�� III.��"u ��uu�IIIW;;�Wu�wun ur.. munllllau!I„�; �u��u�p...n ��uW��tl.11.:.. 06ll,ndau)11S..Il11.11�fu,J011'11g�atl it III1121rm II'r u:,;.0 ullls CHAPTER 13. LICENSES ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY Sec 13-4 Classification and fee schedule. Ord. 2022 109 Page 1 of 14 1223 1224 Sec. 13-5. Provision for unlisted businesses or occupations. All businesses must obtain a Certificate of Use and Occupancy prior to operating within the city. The city may hereinafter classify and issue Business Tax Receipts for businesses or occupations not specifically listed herein. The city shall establish a classification for new businesses or occupations in accordance with the United States Standard Industrial Classification of Establishments (SIC). The Business Tax Receipt tax established by the city for any business not specifically listed herein shall be commensurate with the rate structure and classifications set forth in Sec. 13:4, and shall be established by resolution of the City Commission following application but prior to issuance of a Business Tax Receipt for the unclassified business. (3rd. 2022 109 Page 3 of 14 1225 1 the POFSOR Witiatilgo the 9 9 9 9 9 9 9 9 1 Sec. 13-7,6-. Application and reapplication fees for Certificate of Use and Occupancy, inspections, and Business Tax Receipt; required for use of any property for commercial or industrial purposes or for r^&��"°^ rental (rk:) H s11"nw1111111 110 utuu111ryu ruu111 arid a of dlll e Cuty Code for ariy Iro:,rsgirt oiir eiritity, 6other riore.cd or uii'i6u(�c that, to coindiuct or r,uu,utrNuruinto a Il iij§iiun(SS P1V::, ;ri fug u'u, cir o c ulpatkiuu, uiridiiu6i ng the urei,ital of urs 1111 Il property, Wflflin thile d t *uilhr�utt Ilourst of tal inuu=n(; r,1 Qeirfillt .ate of Us % ai'td 03ciupai,iicy auud ,z)uung a su (x a 1110 .1111 IlDw ,. it 9SS U: X a !(16p p 11 the city._ I uu p tcu . ui urs u,turulll 1 rll'u..tlll Il �u �u t ��r.^u � ;ta a tau to 1�„IIIIII(u II by IIIgg�g, IIIu uilse, gpu,aufup ou „)ther wijtt(::!i,i or 01'61.aiu .ptugu t' the iUSE, u3611....pugpg.U:i. �u :.p1g 2P212floln..a ,uu,lsuiness Wutltlu,n uutl a utp u u ucate SII` it ip,,ll� auid unit �.gt6u"g q�egu.uuu duu noe( fioiru..airu ai III oiim111 I9 tiroess i,: x ;; ec6pt.'rur al tiu r,un r „I ihnu iu a ., u , Vo�J11apk.)n of the Gup.y Qgd under 1 1hEflI !g :1, Arfl leV or f fll uo g1ia (a) Prior to the issuance of a Business Tax Receipt, a person shall file an application for Certificate of Use and Occupancy with the G(ity. The application shall be on a form prescribed and shall be filed together with by the ��;it y, such other documents as hereinafter set oras required by state law. The Business Tax Receipt portion of the form shall require disclosure of the Federal Identification Number or Social Security number of the person to be licensed. (b) Each application for a Certificate of Use and Occupancy shall be accompanied by an application filing fee set by the City Commission by resolution, which shall cover the Certificate of Use and Occupancy review to be undertaken by city zoning, and building division staff. Inspections for environmental, Utilities, Code, Fire, and other departments, shall be determined by the proposed use, the applicant shall pay for such inspections at a rate set by the City Commission by resolution. In the event an application is denied due to failed inspections, the application may, upon payment of a re -inspection fee set by the City Commission by resolution, be reconsidered. (c) uu� ,uu u ' ...III � u�� III mi��ut a up � l m.�; ^u pulhur rapt. of Us(,, r� iir p a t �,mutp a �u urr!r gig u�� ,u a :.�(p...11r�u a 112 .a o�"u�� o:�:' i ,6IIwuT.ioi,illlis, Iliiroi,n O.r totleir.. 1 ' to HIu 11Ofl )Wu11'ig.."jgp w.!I'1111 � Wu 011 p Il:,ie a]2t!st be..p.reig( ed. 9unurut III u p :tu!U... uuutuury.;lll ur uta: III Il p u� .. Ilv' ppt up g,�iiutuu l Ioin, p:r, �tw��oi'd u��ut�..wa��1 III t(::, �� g� " r... gig Ilr�1; y g II III ....II uu a llcuu�ar 'm ° r IhV ��u U1:�u uq„:u : a :m1211'' IIIap �� u�°ei,id�l�rr��r111� a �� p pu tuu e a� � w��d��". Qgo:p:ig!uW aii,i we ( inteii uo aii,id e)deu nou "' uq:::uisgggt wu a o: fl,'Ie p. ,Op�ioj"rr ....PJso see Pirficlie 1V.:fo ;ut"dOfloir .III uu m^ il'aac iion u &” Iu.,uliirei'rieunts . . ord. 2022 109 Page 4 of 14 1226 (ed) If the real property that is to be used for the operation of a business is subject to unpaid city fines, fees or Code violation liens, the city shall not issue a Certificate of Use and Occupancy or conduct a use and occupancy inspection until such time as all liens, fines or fees on the property are fully paid, including interest due and any assessable costs and until all Code violations are brought into compliance. (fg) LOC@|ibleF�P8Mv required. /1\ Whenever any property is required to have a Certificate of Use and Occupancy under this article, the owner shall designate in writing, on a form provided by the city, a |OC8| R}SpODSih|8 p8 for contact by city officials relating to the property. The owner shall also provide a valid address and phone number for the /2\ Thunder this section must reside within Miami- ....... Dade, Broward, Palm Beach, Martin or S! County-.:, �ggpt tha�, ft,ie mumi Fm ,M 515 /3\ A Lshall have the authority tDadequately and timely respond to any Code compliance issues that may arise on the subject property and shall be responsible for the care, custody, control and compliance of the rental property. The Local Responsible Party may -apply for 8Certificate [fUse and Occupancy, Business Tax Receipt, and inspections onbehalf ofthe owner. (4) AOowner shall notify the 0pDl8[t Owriting Ofany change in the designation of the local responsible party within ten (10) business days of such change. /5\ Failure k]designate Orengage 8 meeting the (requinanentm of this section shall be m violation of the City Code punishable UOd8[ V Ofthis Code. ReGeipt. +k;- '-;on is violation of the Gi. y Code punishable under hapter 2, A.. ;.- e /40 Only one M>Certificate OfUse and Occupancy shall bGissued for each parcel of real property as described by the Palm Beach County Property Appraiser's Office through the provision of property COOtnO| number. Certificate OfUSe and C)CCup@nCy is not transferable. (J9) All Certificate Use and Occupancy applications are subject to inspection of the real property being used for the operation ofthe business bvthe c-Chv.The Certificate Use and Occupancy inspection charges shall be set by resolution of the -.City GQommission. J: the Ord 2022 109 ::: If the owner of a dwelling does not reside at the Page 5 of 14 dwelling, and the dwelling is occupied by anyone, including a relative of the owner of the dwelling, there is a presumption that the dwelling is being rented and must have a Certificate of Use and Occupancy and a @ usiness 4 � ax-FFReceipt. This presumption may be rebutted by the owner of the dwelling applying for an exemption from the Certificate A'" Use and Occupancy and 4! usiness t...� ax KReceipt. The exemption application shall include an affidavit efr�;; n ii the owner in(:'.iga°;,1:tii l that all persons residing at the dwelling are relatives of the owner and that these relatives pay no rent or other consideration for the privilege of living at the dwelling and that the relatives provide no maintenance or other services in return for the right to live at the dwelling. The appli atie , fee for the An application u'u��,l.,uust IlDe fulled e,ag lh ygg 1ll"wgt tbg l;.11 Olwgu±its uW ei:j lilrw �111ui Irwuwuuuuu wu. every year. )w will"11 ii"t eiri'll u IlfRei ul : 111 rywph"wo u. ro. r:h Il ..:lllwo.0 a li.: ' l .o ow.11:� u . � ... u l p u ho a llu :ulll Il W.ull"pl :nlll lwu nl' �u lo. �h':lo x' :ndqlwflo.ouu these u"eggIglu.wurus nunllgo,ll II�De :pu, oi, nail wwllllllf .!Ireirieww: A u'!Ieyy : ,.,Ii!'.pll a loi'ii uuui,us Il ,.)e fijllle ��wui.uo��..lbe u��.� oo�� w��. ii,iid II�4.uo�o u��w�fl�i�h uu�w ��uo ��u��u��N��uuo o�., ulhu ��ulll„IIL.��II h Wu��°„��II�III�� u��u��iiuuu�u��ii�:uu��unt's...��1 ��ul:u�'�1�, �� as w,l ��l�,N ll„II�w�� u;;uo:lllw� III �.. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 04-026, § 1, 4-20-04; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14) Sec. t.uu: uiuiniiist.Iiratuu'',tuD....Bfflleii't toi) class M aafii�i is r fee. (a) n Il erson Inlay lluulll��wl��e l hh i�i� o��'Wa §ullhcaflon or IIe!e ah llnlllu �ullo[a lo that h^,ersi�)nIl.)rovu ),ed'�. (1) � IliiIlo(::Hl,soiru has una�de and fullleryd w� iru uPpflc� :Ifl� irl foil, the Ilssiu� nice of: a u'+�'uhulluo.�u e of(U�,�e SWI I� .�, �' U.nill�n11 nd ' r'fl,1�d aIII'„"�W BILI w w I aye ��'��.�l�lil In s: �. '��V��Io,;','n rnV. 4�l w hill Mille irI )(3edUnres "set l rlhu Il uelreo it li, .wind () � the Iloelirsoin IlruowS paid t1he appllkc iflk in Ilee, uuu,wlluc"Ie loowuu IIW!:ee or Il::ee,. W,'ierii qwipfic4be, Wwll"wwh ) � h Il ei „oin Il leas rei� � e of W l s �wu"ud Oc a ull o�;,ln y ail, lid Ipathe 'WusiiriW ss h �u IllRei i�nu[,A, II!:ee requested Ilw fl'ie cky, �uuuoh (h) h IIue h 4urw IlRe 6op)l has Il'ie ur uS!sued llluh A Il rotesto a ii�wu Il e sIlw wllllll IloDe 'nade ura wwwlirli ll ling di dhm � u� � hr uh W ur uw „Illi 11 lluw�"„ilru� Q11:::! h;lgEju iieii, ul ulhVii, u 30 c,ullli�uu a d a Y s f:bllllllowirig ii ss it mace o) f t e l:3 rillii, 11 liz,ss h a)1� o:clic, ulla re to luau ulllulll. rn Iluowlo;: l ou�luduul� a ww uuww :u�II” Iluowll uu"u a"�cuuulh a ullllllo uo: uu a 11 uusuw II„lhu ul Dii!:Irson iI.un lllll arenewaof h.11we II !'Rlsiilulou s h a),, Ze 6lll 1, IIID WNoa case the a 11�4ht to ILII iioh,rwSIhElllll IIDE: uww a ow h Ilrwu uuw wWw huluo u u wlll 'u�l � a wWlll www uuw f u, , l u.uiiw o owll w u u uw www iilka � II u..u�uuwtw � iei a".uh"wl (c) A ',)rotes , 'lei a luuuur 111 il.11l l Ilnlll lluuuu wWw sh ullllll be [,)r c elsed as fl'rulllliow h woo wu o.hwwo';h lillli p h wuu��ulhu 1:ue (::':;#yu', ho a II rld hlluo: �l�ull� �1�� Il��mu"�il�u� a ��, u��ou�ir ��Iluuuhlll Ilio Ih�o.wu�.. W_ull uuuullled leu ffi (ky u' " Ilrnllwnli n at llllle neetiilli�D ftpAllovVllirig L°uwW11"Ihlll4;g )f flue u e p olirt 411':1 a llhe Qll ?u"h Mpy of flue a qpo rt sllµ4l1l l ie fowurwlure �d l w flhe, pers ouw Who Ilullled the (3rd. 2022 109 Page 6 of 14 1228 Seo 13-18. Right todeny issuance, renewal, transfer, revocation; right ofappeal. crd 2022 109 Page 7ofl4 All'', SM�rrt-Teyn Rental 5b�: t � einin ii Fllieiinld�, dso cz:dled a v&I,,z3lkAni iiI eiinild� and a I in III!!!llicilrida StabiAes, Is iiiiny in a or M212!H2th/e, Or alily DdI,vkjudly lour coflegfividy pvv!]2uj ahilgig thir fain dh I fo . ....... �11 9 �� ii, �:uir faiin I y dwdhn ii.qrdR lior stnACWIR) UhM Is adverfised andh�iir iirlieiirolilcd bi�) „r" all occupgl]ts In TllZHn:) tlwilln dhilree (a) 1�iimlias lin El CEfl(�!llllcaiir y1c, :::: : :g[ fgu, Il2ugE�ods d:: IIII s Chair all ulna QQ) dgyi� iiii, oiI iie u2agnd g , TI 0 111 11 U, 11 'I hinsill:ult Oa cypgnt 8! [2119111'scHill Who relinils or occupjags ainy dauuagfluiing UuDjjt ligir any II2ga allrlrauma null, all1w uts teirl a gE iire§deil,la g, flhah, in elill:,:A:13 dhe (JeNill lllIrboll 11 of as S� i0xi't I �Reiiriib::OL � hnIIt �,:,?Zpmight: �2�ibg 29022S,12s U[ tNs �,,�ub��ecdoiin,, ovellrllngtlt,, dhdll iinilii:�aiin a p!2ujod betweein lQQ(:) 11,111L'......aiinii,,l 7 a ini the fofloWiing dgl),L: Seli:,floin Staindi3ird Rw deiiil,U6ll I ReiiiAWl aind Shqiiil""'einim IReiiiltWl ............... "I'l""I'll""I'll'llI'llI'll",'llI'llII ............... .A:j2j2rqyg! I t I I i,:� ijky �t4lI oflbir as a ��Rellnita�� Olir t pg�:jy� 2[ �� 212 ��2g ��" y 2M !2 :! E 2��2� � I dlk:2wt gun to ii-eint or lioclic;Lflpl ,99b p[gpg�!Iies, ail,iiy P�[gp!.nujy 111 Whlii:)llle a.au uua.Ilg[!khidiini the! �3 I � s ii, I ax Rec6�21 b�,:: s Deeini oNa�iined Qkyl ullnlbss Ei CeirbdicEite cif Use airid Qcci:::pg�igy g��id El iniess in, accordance Wth U m p,liocedu uri!s andr2gil, dllr(:�lln ll(:�lllts of flNs Arbdliq eliiiird Artk as flNs Chapteir, n 'COU'lC I in thids El"�ecbciiin airid ofl,iiier sli!::)(� bons in flNsAirflde g��2y gpffh(A eAsts oetwialigin thii:::: or li:Ah�?iir aiirbdes airid C[ii ally jliaiirs Iw,ll flhilii:) II and 11 kwdopmaa!2[)j Bgggjgflloi,is, thig 11 ll�:lll its call. thids Arfide shdll p,(!waidl h Ilu.iis iiiinichj1des §liinglllg-fg2dly dyaga llllluiiriiga (attacdhied aind tw�u laa�iiildly dyydtil,110, II lindlliiclii,4l iiniiudUu Ilallrrdlllla �:Jwdlhilng� irickiding aind n(.,)bfle h&iiirnes as 111 :t 0 e (191) 59tainflq,dl of a (1�211, ll� 1p� 21 aulll.a `�gpg� alg gpplllucaaJoiira for" eadh Ulllul SUU!:gj 10 amble (J2)E2mu,iineiina ua: ii,�ioii,ill","ii,,ef,uiiiiidalll))�lle app[cahJk,)iin fees :bir ain S ��:::is fdl(�)ws Sectkriin 13 4 ull. flhs i:jhall teiir for �A:heiiir iiresk:leiinUalll iireiinitAf�ges), h IIID It � a I I (uiinidudes flirst Cjly $5215 0( I �M aRD��c tIoni 1 1 : i)i (Iiin( hucl(:�S 11, t CI �y (2) BgE ,,ahall catj ( I'l I I f �� S I t (2) II dInSMAbill N)e 'l 22 0(:::h Sliutairiflltdl U:: aiiiiii affida� IIt I a...1 oiirnh.11lhain(:: e Wth dll ii-em,direin ,iints Ilaeii,6ulua i:,,in(:Jc)i,Sed III Lgth Hie 12Eqpauujy gyZEgu, aind III li�)calll I�32sPM�Ibllle aily, 80011,4I iir(:::,iiiiiiewd� of flhie app�[2yg�� lin a�:��:wdaiince Wthi flhe Ullll,E�11,11111:)lllts (A:: thid!,;Arficle 99 (n, aincl 8[10e L ex,cepj Uhat Whligiirl!,:� a IEl glll,ay p-ogedi,uirdl fl,ii!2 Eggigints of: fl,fls Aiirfidll (191) �1:!biinnkU:fll cif a cidadled, ineady to avr g2d !2gdNe sketdhi (3f the iireiinhdl Il2orull2g[!y ullaa h::idll ro :10oll, AgE 1� gE id ��te rjaini iinlidca�Jing b�::!t iinc,A: ��iin,iikl::�d N:2 inuindbeii, of aiinli�:j s��ze oNbedii,u3011111S, s s ,� ,611,1a 222! a2d ydl2� �epl,eseiiriits the iir&�jgliired aWy Lainjeir, sk:iE�:Itgg g[g2� h2l,,vvlas�e wil� I aind ainyiI,eciireaticlliindvdhklles, §Pggg�i p muairked oini the lichraWirig gujd u2,iieasuired to iindk;ate wk:h r6ii-din,munil 11-2gu!uE2EIlein!s, (3rd. 2022 109 gppficauOlin u.a...pr.anuamuu l u Whein aiinlu� gf fl Ig !:0112yZiling aJ2lllng2g!g 2!gpa)sed to Page 8 of 14 1230 ain appEgy!2d o hualing uin d ilia A, d I,aingg ini theim un,flbmar (A' bedi-Ooin Is'," 8 digno In the 0ccnl:u2i21I94'' (4) 8 gbmw thla Inurnbeir aind/u, Ilbclatbin of: Rgljkj'ing apggI!::%S aind 9 , u a Ogg Eli OW11, 1 119 11, shup 112[ tbg p,opgujy:: !Jmlu !�Qolnlllgjoini of fl,11111a 116,iaingoggIll ein:::ibo)ins do the 12j,1i)p2!jyjbg !2wneir§['ia o'',Jty �fthjirii t�eiin (1Q) da: SQf goirnpj2floiriiA, rieNAt CeirblllJicatii:D cd:: We airvi n ww o anllw:npuo %ollldqu wuruleadaa II ax IIr c6p[ !],ugy Il2!2 iiwwod ull the coii i lid lfiionis U!: thiJs SectJoin, [iiave beeini i arild a�l� lia(I 2�2�,mijls ,ia�ve ��beeiiriii �ssue(,j :6, Hile cju�iiriggg2l afterel Ax16bk)in4Ilees May gppwIni )Mdl SecUbini 13-1,1 od:: flhws chapileir. (9) a2p�,Oygd Il2y tbg Quty to uoporauandra as an resdeinlk�fll reinlalll pujior to the adogtjuni cif lh(,:wse regu�gljoins coninot ��,.oe aiutorriaticafly [g�,iewedA, inew apj.Acafloini unpllust De :'Hed aind be re0ewed aruj pj�cjcg:�&!o:nd in �:iiicordairice Wfl,ii a�l� agpjk�atflji!::� t[I�sAll,rUck as w6lI as Artlble 22iQplki:ntiioin for ain S h Ill.0 shMll inchAe:rn Ilnnlllllly 2p 2o gtg�j gglnaeimeint Wth the CRy gf �YEIIto�IoE:IIICJ I )epg�jgieint ai,Ahoriz�rig pg[ce (.fl:fjc1:::Nrs to address tres ::I a 1 11 N pi::S 11,119 mad,eirs oin oe[4f of the .113ectioin 13��95. ecjiirfucifl� airid 0 a R,Illlul�lllnu dawn 5 111,� 11 i5 .. ........ . ....... �22 ''e airid A ...... ................................................................................ ....................... ......................... ........................... ........... .................. ono 111°n Staindaircl IRlein,tWaind einirn IDReIll i,(Wks., (2) AlInijiriiuriii 11 fe/sal1oy A� MiImi,iiurlg aapg 011' Ihoot tub S['Iiafly coirnpjywL�Ithi this cuirreint dada indarijsof fl -ie �Reskh:)inbMl Swan rnirnuinic �j II ooW &:flbty ugt, Qtnpter 515,Ilbrida Stah0le!" Ml dagRing g!lks �sl,41l rrm: let flhe curreint annuminiuini p I odu.wuualy uan ints of the lloilda D!A: �k-,fiirig Qpdg, arid du r c[iq:Nin �ca�� 2&1 UC flire eKfirii, idsIher s[ialll De installed, y ig inspgdI,ed a:und in accoinJaince wk:hi 10 (In eac[ii flooile%t6� offlhe ii, � ii"ii �� t 'ie �i�]gjj ��2g insta�led oin dhe wa�l� ini ain olpgEii cornirmlini area or in ain eiricbsed spa:no„e w�o,Jthi app[gpujgto:w ! ng[kh in )j!SH!Ay aabgwwo Ing jb!a jgc�::Itjoin :1 1 9 8t a�l� flinies i:: 1� autcflnidUles shNl� ��De pg�jkgd in arii itpp,oved off stireet pg[EIIIII drh/(�may g!j !d ,Ig Il2rlzm!!Y� III IIS 2g[EIng �:?f aiutoimoLNlbs oin a swalk::%, lllanwn, 111 uundscapg area, Wthuini the pgll2!��c jgbL2E��gy 2r 2udew6lk: �is p,olh��buted Ari gn(CE�!pjiorl 011, 2g[E� I 11,119 u0 duns IrWbl�„gf wMay god” macli'°�) wh�in spggga E:: re rnaijkg,l Ilo 11" W S111'112!2t u"no...112g[llaang in the unodllut QfYm�� us pg[Enkle�:1 Qvel°fJ421, l or a diqs(ijplicun lol:: oveii in u c lli 0 hoi,flrs, se,, silfl"Mgu,agu"apL (k)(2) 2dW �5gfld wawa s IluonilAlEino g1id Waste llwnonodlllupng wllu nllllll aidhere don the ,eggurei,neints U:: (DhaL!2E'hQ, 8ftcd III III of U -ie Cod(:a! U:: (Dr61nlinces o llbeiriloafN th(�a If,1:3ty QIL 2u2d I axin,iize o.o,wunupollluandpnuo e wk:h uHes aind sain(�Jar�,Js bly fl,ie dein,aints, Hie areinl:Al unji §u::flll wiric[.vje an pg�fling g:: recjguumrneota� b�) flle do inaints Drd 2022 109 Page 9 of 14 1231 WbgI�2 gg2t II a oa,g IIrgghired IlReiinilanl , sIhalll be IIbsed as 3 mjiliolke to a,I 2 I oorn De cifl:11: red foir 1-1111�11,11t ow(! 1, f I �� S 02 2�2��21 Elllj�y g[l ii-IO,,J6.4� Staindaird woiiu�kj illgt 2!,evl:,::,:,in� ain owinchir who iire§des 0111 g111119 2Eq22Ej.y k:lasiling g 2211-Holi'll he I I A ,of t � qlljt� 011, fiirli� n bashing nndutk;)ii,4, jiflts thglt aii-ii,::2 appu-i� ved Or as fling gEl� 1bg 2!1 y (Lg: zliri &xessoil�y dyy2!!IIrg I I 1222�1 I s:�! I I ): Afl, iiregusteiireoj god !21bg�±Lajj �o�Plije I,Dy [12r Sllqsoaiinojaiirds uun. ,hapjgu, 8[lif.Je �:l w[iiijIgh au uufl:eiqd&J to pLgygol, OtlHcjt ainlll a[g,Vde for the a[2aterneint of exl1!,,e!:2sh/e aind uininecessairor iin(�ose that irnay iiIiijgE,e the he6Rh w6fiii-e ()ii - y dI, de tf'iie g�!gjky gf of the 6flzeiris aind ii�§deiinils of Ule Gt egIg It 0 1 1 lI "i (9) B90 4� PIE, 22[ly 2iiuiM� ��De n4n�:a�iined in coiiniip��aiiriia wI h z�fll� staindaird- i�:: linit GiAe of' the Oty, gq:)iinialiined Wth the (2od(:2 Oiirduiiniaiiriices airid the �� aind Iullnllll::Illwfifll Ihp II!!Reiiriitalll III bilusuiing to IIDe coccupued IIDy 2 din !'Feder or sgxualll llu Natoiir S If so deteiinir6iinied ng�'Sualllllf bl') C[iapijglr[Iuje X of ftilic Codo:o of Or6inai'll ces U be Ull'flEimnull) �11')lir ainy 112o Soiini to Obtallnl I, 1usiiiinies,s g lx bur aincAheir busuiiness Wflllle the p[!:2pg[!y IS f2[ 2ly gPut subject tc2 fins Arfi(Ae I hei,(ld::oi,e, no oine sIhI 2!1 coin in ii(:Niircu6, or noini iiresk,leiinb6, acU'liJb, at a o::!inNA Sii,uclhi gggg D jgoy :: � vi iies are ggogI- co:?rnin iieii,64, aii �d/oil' I ^e§dir?iint4l ::wfl IIL I ziEly dg�gajt)ed as thon III laliiw�gturuuDg, 2oil L�iin% d u sld bIII III � 01, reNull, d:: mei,c[iaindse,a�l(:Wiing ::I I : ::I cheints, or cii,nst()iinineiirs oini the 2l'eiirnuses for th(! PL�02222 Qf gogag��]g P�l agfi)Jfles as c�k(::iints ��::�iir g::usloiiniieiirl n-�se gf the R[q2ligirty qiJdi,ess �:o adveirfise the p,eimisligs offio:�iir ffian::coi, Is initencled use �:is ii eil'Aal Ilrull,u.n 'ilul p!:2ajhlg 2[ duSldgyhr'llg :'��42a g�g 1I2g Diireiin,jses Wflch inii(Ical2 thg R[ein iiiises aire b61ng bir a � ise otheir thaini Its intlilinded usli::2I as reint,: g�2d u::g lrllg 1bg Il2uOpgjy nnn airiy Ag y 1�2gt wufld Ilae iirecogrnu,eoj froirri ffie sbeet oil, 2!2plirfles as a lijeVatk?iin 1:s inl:ein(Je(:l iire!:;Aeiinflall use heire s,41, ge R2�2!:d 212 Imgi,iiuunlo"unug: llbglatjoiin inear, the eintrainge to the uiiniut the :gflgy��.l"Dg Coinilact uunoburinIalbin ::oi, the III oca� ,lII n g wn n nll W� Ill laiirt iin(��Jh::J1 1 diir(�ss, y I `ii g E 3n I ii e::, ad Plll]Mg Ugolo2gL, gn2d eiirnao ackfiress, (3) FienIaminIgii li�)liciculioainli 0 v(d II gl„ g gpEAcakJka tg Nvastiq lqckyfilng gE:iljxlgg gind brash cointaiiineiirs t(ll :(Eir Storm 2�2d �,eg�2hiriig, gEl t2g IIpgukds of �:iiin"ne coint,E:flin-s c�:iiin IIIA ciuij:)sIdli:::I Mlle bn �)Uollrn (3f gliie inearliest hos�pkj ailmlsgafloilrii uung klililing fl2g 21'g 2[1 19192E Q nuini[)ei, aind inilain eirneirgei"icy Duirinb2i"', I I I " I� aind '.eii-Niufle of Use & 4 12gjIt.Ae dOE)y gif fliie iireiinhalll ��!I,Uslllllle�ss I R:Ul�� F � "SI'll,el""cl"ltlll,�,�,lIll,lolllliiilll"I'l"�,III ��,13,11��1,911,116�,�,�,�Ill""I""""",I,I,�""I""""ellllii,hiii,iooca,,��l, aiiiod 0 of ai)F e lill (3rd. 2022 109 Page 10 of 14 1232 (g) mg2shniilurll oc(�Ml2g!19) �::j 1 11) tN I ��Iiny -eintd� ii,urdt shdl� L)e l teJ b uO (2) 221agEIl22i r�Iggppirig un.,ruunu i':dL!s tw(�) Rgrspow 12 2 ulaxhl inuirri (2ll tiBiri (I Q) pgsons uin a un I , anii In Eflinlauinl cor ,,A�in(,e NiJthi ffie o113cuq291::,y Illunuup,nboins Illu.nn ated nu khn C'Ihapta, 2 S e () f: S�� eep og \rfi(:1(� V, Scfloin 10- 11257 hl:) inuinibeiof: � r skepj�]g [22EiI � II 'villn1irnurn ��z roorn, imr :[Ali unuamirnugi guests Wl1l be �.oiri ll rin led Q'jU uuqS.p2r !2[1'' fiemaxilin urn inuirribeir of in(flMduak �:fllowed �o ggHigifl a S sh4ll arion exceed oine aired oine-[lal (I 1 `) flimes ffie in'la),jin'lurn ogupai3O:s reg� :eire(j aHhe pl,(, )pg±L 2�p S[Iowiri 011,11 ffiii:) Cerbfica�e o�f �Jse airi(J g!ld 11,11 no eveiq� �flqafl1 a gg1bgE, 9K922d I MLS221 lgggu,Cfless �,flll �:he inn, urrilbeir of IIS one pabulllafloiri (if ini&IC111,111111urn OCC111113,l11ncv Illliuniks uunn ftflssubsl::",� floin s[ialll exc� ude a m&i6irniurn l:)�:: :Ii:mur Ll) pgr l 'Solins lunder U'le agg gf jQ aust d I �: f a IS ilfln(Jer the age �A: 21, theiri) MI 2ii2 •,Ast 32 M220t S at a�l� bimes a riag�steri::::d ggi!::)s�: at kinst 25 yggu� gj�j" aind inig[g� ry2u2dggEess �,4: eachinhabulat-fle structure ()in flhe "gip lfww 2l JL Egp±�u'n-iaince of II 1�2cal�;��espgu2aHtje F� irt hirl ,:6fifloiri �o �hg "eg��[g�]ients of C�-Iap 2��, Q, y ArUdb l oc6l Wesgg�]�LAle ll!"artIln"ullllll l2g E22ggu'isk)llle fii)r, eirisu::111`11-119 22,rp[airice Wth afll r2(]uhrerneints ain+l staind,::U,(:Js u6llateiJ to the Short einnii 1Ieintalll, as w6ll as the Eg�itiqg 2f !!]o991U22lt inforilraflorl as ,eggired by jbps Arbljii', service of au u" nIio�btbiri oII hI n C[iap�g�l (1,31) YuSflirig flIe reinbufll dwlEhiqg of Illew;t weekly !2 conbinilued conipflairice wkhi at rnuinurnulnq, th IIptgp2uj.y regul[grieints Ul ths Cjhapter,nand other gppflcabstaind,,linds vVflhuin ffi(Code of n.nunluunryuuncs„ aind (14) �&iiEg ,u 1bg dg�.niMglgd gg�212g! bir res�22o�juing ig inRade Iy l2ggt]l2g[.� gggIinst the reinl,,::fl� leinaints .pp'Ady�I±SuIng:: !�Um gdygftis�ing 2f ffii::2 !31 R sha�ll coifllorrn kil nch,�63d in the 2909y: eillillicate of Use ain�. OcCuMl�) g� ttijs pgujg�ins t�o innaxjilnXII ice t() the a�,.2p�ioviaii,j of �Jse 11l� Ill d Qgg�ll� i, g ��2 gy S h a be l in (A i a d l in a adverflsuii ig, 8ddUO11,11Eflly, tbg2u�Oug[jy gyypl 2![ 2u, �jg"jgi2�:Oed ()f ffil I'D sIlialll ha�ve a corithniiJing gb!qggtjoiri „t;o to flhe Gtwuthi zilll veinues airi(j websh::!S 11111 y Wflcl[i flhe uinut Is IIIusted (2) 8011nu6l reinewalll of fhe S I lllil I, gghr S H If I c on by staff 'I ie I e -iie 2 �1 llg��y ul I iceirs b addiress br'espg� !ii,!:3tters oin .)&,)MHl ol: the 2!1gpg!1y Seafloi9 rl 1� 1��7 IinaIIIUes Offe !:111, 11111's 111�1 S (3rd. 2022 109 Page 11 of 14 1233 Ig 212992P�Iin(] Qf yb[Aii,1311TS igglinst tNs uhagl(:m11, IS lin z3ccoinJaince \vIlh airt 1, Codii:::, U:: 0: rd'iin�uInces, QhEl1pj2L:2, 8ftnijie '1111 III owe vii::::::1::,, ir, IlDased oin the pu[pggg alai eimerit Wftini Se." toin 13,- 2Q7lbg k2kkng a��"I2k;at.Ae to Short einim IlwentaS 6[s,13 eu2�y, wbuch W p,eva!�� If I in (,x:?nft(::J: Wth Secdoin 13 90....Iloir, other CIhagli,:)rs oII:: the! CodeIl.uf (2) Eabr(eimeirit of the Qgdie anid Oircfinanc(�!&,IIei,4l[J'es 1. ( J p::!��Suan�, to V,i�s "h w" 8oy Qgftl:Jcate N!: Llsiq aild Occup�::iirncy MM!gfil�20 !2[ ssue� se!(�� lik;�11111 in lay IIS g dg!jniqd, revok,&l wmr suby t!jg 2ui,e(,1:oi, or js4hei, desIgEigg gpgr ] HIie a(Jhmikafloin oI�:: R viVbfloin U!: tlfls Slectjoin, all Q!ty gu,"Juirmirme, oir Mate bm� 3 by :b!� 12�n, 2 l g2ggpg[il: a�,Ilrfbiulablb t43 the p[4 ::Upg[jy for W[ikJn �]qe ceid:Jficate ol: use Is ssued nc[,i (Jeinu4, urevii,i(:�atjoii p or si� n�3pgEIS11011,11 IS inad(fiflipin t10 aill2�21n4lty 2m:)V(Je(,j ii e re li ii, ii (��2) Qffenises/ykjadons, Will any ri of fl,ik; Secflk in s[iflll)insfltiute �:rvbWafloirn of tNs S(, I floin (2) 52I29ige VbIzitlioins day g ybWbini ex; �sts!:;[14l� coinsfllLfle a sl::::: N::� ail J 6sJincW vbWi)in, th,lAvbWk:)ris regg[,q1,1g shal� :::i e I a coinsflb �te a Su11, C puke Vlo�afliil In ::0111, 11, 1, !g 2 iiit lll h11jod he Cornini.,unjty I"�U:umjardsIII ::)uVsbiq Wl1l act in accordEirice Wth AqicWe 1V of: the Coide of li3Oiniaincii:�s �owever arly 29��U fl�11]11��s irnpg�ig�d 10 thus SeglJoini s[14ll ari(A be suwggl 1III ctlioliq IIS jbg " rvpgg4l \Aagus:I Me (2) 1 Q�ly Q2n2111,11,1wlssn,Dini of H'ie I Cl t of ��3i) nf�� iin �3eac[l heireby �g�.Aares ini u:)xU11, Hill, 11111 Y : Y : = z Qz2I!,!P212Y Aizjafloiris aind aind coinninneirc� Efl1 L:wse of IIy12mily vbk:flbirns of fl,fls Coliiii! Ih:o llDe irrepgu,abNb or uurn-evergull Nb innakflre airild ffierefore, itig Matjuslirate U:: tj�ie Gity Qf gg, inton each s�[,41� hia,ve Uhe aillid-lc"ijtyjg ssue Hines up 11�2 $ p 15,QQQ !2 W i,,jok)in Q) �ddIboin4Ireiniedkt III:�� 1: `!g I' I ng ggEilauined heir6in shaU1 2!,evi! I it thig Ck Ihirorn �I2ghirig 2m44,.i�e 'Iallwl inchwIde:, bilut nof Ibm. krnuted t�, awn n,:;PgElslloln I)II, revil)cabun o��::: a S I ��R Ceirtlifk��ate IA:: L Ise �::iind -6H& Heir�saind c"thier 6,vHl aind Iru i6in,4l nDein,4l1es orviAded k:jw, as wefll as to other einfor6ina aaericies. (1!11) �5mgn2�joirl ki ainy fln(:"s aim:J,��iny gffier ren,n(:�(fiii::�s gj1!:ns1i:ijbed 1r?111(111 III Oil" 21s)yuded f'oll, fly lgw� Q2Y21Q2]1e11I1 ='Xi'llectoll, win Iln.11.sdig g�j&pgg ]]gy �U§ip!2n20 g �5 1 erbficate of Use aind ax Ill.. c6puini �Iccial,,IJE1 III III 111*th th(:% f0fl2m,D9': (3rd. 2022 109 hull ne !:rairms (jbil, vk) gdolIs OCCAtill 11i'lling )M(Nin 12 in UP22 9 SeC11311,11d V,Na�Jon of �JNs Se('Alion �:t2 �Q 9 [1:"q1,j(:x:J Of nl L: 1Ipgo 2 thuirx:j VolbJoin oll:: tNs I�ectjoin gp 12 g II2g1rj1D1lJ of Ili huindired 6421y I :� gg 12! 1 d i::: r, d a y�i, 9: p�u222 2 (,)1,urt[11 vbWJo1,11 (:A: ft,ils 113ectol,l gp Ig g iggiricid o::: thiree hiuin�ifired d 1i wee Q�::u5) ggjg!i,LJar (jay§, n.W n II e l pouII of 395 d S e A s h o irt teirni reitlaCeirhl:icate o,f L11se aind Ilagw Il II p..p2 Page 12 of 14 1234 tgnm2L2�-y w�geinsikM II %jh%nh'pg five, (5) !�LgL:wig dgys afteiir a 6tabon 12ir nofice of islssiied IIS rw Volk::dk)ii of the 111 k)iida or r'� viii:iin h110 Ili 11' 1 !Sill 011I SIlan" ril pqlefl 111 1111 Ruii,unf:Hl flhe "III 1 1 1 t�! s I, ir W22 111:::�j aind it is deteirnijined by NII]ig Qllt that II.he vb�adoin e)6sts (2) restrid,J101111S A, ��Z> S�-1161� i ��,,)e reinted IJUI'Jiiowaiirly au�2gui�oQini a I i(.::i2::�222E�Sioin �oh6l� be(IZ,ilin innirrie6at6y �:2!!gy�jing !]gUcle (A suspgu]��u2u q' cornrnein6ing gIltheir'' 1 at flie il:miid of Hie (iuiieint reinta�l Illease r.lieriliAl nor 2 Within flflidy QQ) ga�leiridair ��Ja,��i, vvIi�c[ieveir da�e gorrimeiritl,Iles gairfleir:1 air as oUieimjs�:) deteirnihin&:J by U1112 spg4l rriaglstirate IIIA Qpg!"gdoiri dU12D9 �20Y 2911jod 0j:: s�ha�l� ,111::2 d(:�einined a �,iib�afoin pg!'SUaint 11c) fljs Segtbin aind s[ia�l� to da�l��y [hie, to oin(m fliolusacrd 1111L�illairs gE to, lhe umakirrurn ,31111OU1111 �::::ws offiii)rwise p,O,,1k.1ed lin ,�)iiida StEO�UN)!5 ::011' fi�)ir ewjh day that the reintzfll qi.)ein.:::0,es (Juirillig g p2dod Dull o li.. oM wboMoun'. 9 8n gpphcgdoin Ifou a reiniiwalll sI -41l ino�A llDe sij[,uinnjtte�.l (JUJIng p2[k�2d )f amggl�a Qf slhalll be t�o 1111le Spg!jalll IIMa.jstrate chin t 'tk'h::!! �Ivf :: accordainqii,D With Ghap !2[ /1111 �! cd� the CodlilD U!: Qr61nainces or poo :uNllr�.wuu j� q I �� ", �11 U 6 6 C A, lRematl'0111 Z�> 11 'erflfica�e o�)f Ljse ainiii "ec&pt qp i�gy Lg !&,/ok(A m rll nu uni In noire thain two of the VoWbins occur Wthin 12 coinsecutive inointhis U'ia�� inri/oh/e ffie ln&idilnuirn Lg�,soins sUNr1daiiJs:, flihe [gg�� 2��: 2�,eseirice of: ab::flh:1 (�mr fie S I �R iicoins��,;�eiq� Wth we aind 1 9W29M2U29 : � � :: stainoJairds U:: thi'is Arfi(,llle III evocatbin aglJoini cain la��so be 1,113k'eirii ��D he Y !2 1 n g e I �� t � ir a s I I g �� offeinse invo[uiing 2 :112'�gDy 2�' rn�sdeinieainor� cliar e, If ffiip actlion Ou'lluirlied 011,11 the su[,jggt 9 1 2!"OpgEty" gEld ir&,uJfe!111 , I t : III I2u:n 2 90 ggg�:�pgEit or a V!:;�toi' ti�) ffili:� i:D ty, g[ nnrn io�lv&J a m De to the spggialll Njz�wJstrate ini accoird�:flnce Wfl i QIhall ::all 1111 of the QoJe oll::: Oiniinaing,::! 1= s, I he sii,flbg ,�gt 2poDp2[ty : 1D is not 6lk,,.JiHblb 140u, S NR, appIil)vM Il.r ir 12 umoinths :bHOW11,11(D thile 11 actoin (f) Eud:(2rceini iierd, 1 b2 2!10�11111sioins U:: fll�s Sectk)in s��'41� gie einfi�:)r"Cied E:, ws 2l[gynlded in G, apj2L 2, 8ftc�e V U!: hig Codi d(:::!! cfl:: Or6im:jnces ARTICLE VL fll'ii�IIIIsl I IAL IIINIO 10I'iiii AIoUl IIIIIIIIIIYANI 'S ............ ............... Sec. 13-928-. Title. (3rd. 2022 109 Page 13 of 14 1235 Sec. 13-939. Applicability. Sec. 13 Ii Definitions. DIVISION 2. RENTAL NOTICES Sec. Required written notice of termination of monthly residential tenancy without specific duration. Sec. Required written notice of rental payment increases for residential tenancies. Do • OF • OF , Sec. 13p„ Tenant's Bill of Rights; Landlord Notice Requirements. Sec. 13 map„ Late Fee Notices; Landlord Requirements. DIVISION 4. ENFORCEMENT Sec. 13 I :. Enforcement. 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O 70 CD 4— 0 u) co -a a) u a =76E 0 CD +�+ "V CD • 0 E cn co r Cll 70 to L Q 0) Co �= N • O Co �N Ocn CD U Q X C O � c COQ viz C/) C/) EU)U) V m U. 0 U) C. vwu uuuuuu{{d``UM all � 1�IIIu IIIIIIIIIIII�II IIIIIIIIIIII 0 0 VSRC IIIIIIIII��IIIIIIIIIII ,maul od�umva mmmiiiu�u�111�i O��Piiuuuul muv� �Nmu�IYu�muOl uuuuuuuuuuuu O K IIII�� 1010 1��gp,1101111�IIIII 11011111111111111111 III IIIIIIIIIIIIIIIIIIIII ,�ooRRPI ■— IIIIIIIIIIII�� III��IIIII�I L o O 06 JC6 O E 2t •�= H F= � °� -0 }' U o m a 0 E c: 0) co LO O U L CIO O 4-0 U cm M -0 cm O �� a E O O 40- Q a) � •a) U N E N �-0 E W 0� o Q J O ry m Lc) N T— 0) Ln .E Q v LO N T- 8.0 Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Ordinance No. 23-013- Second Reading- Park Impact Fee Ordinance. Requested Action by Commission: Approve an Ordinance of the City of Boynton Beach, Florida amending the Land Development Regulations, Chapter 2, Land Development Process; Article VI "Impact and Selected Fees" to amend Section 2 to adopt a Comprehensive Impact Fee Schedule for Parks and Recreation Facilities; adopting an Impact Fee Study; Establishing criteria and administrative procedures for individual assessment of Impact Fees, Refunds, Credits, and Collection of Fees; Creating Section 9 to create an Impact Fee Schedule; Providing for implementing administrative acts; Providing for Codification, Severability, Conflicts, and an effective date. Explanation of Request: The City Commission retained the firm of Raftelis Financial Consultants, Inc. to study the need to impose impact fees for parks and recreation facilities. Raftelis Financial Consultants, Inc. has prepared and presented to the City Commission a report titled, "City of Boynton Beach 2023 Parks and Recreation Impact Fee Study," dated May 19, 2023 (hereinafter the "Technical Report") which establishes the proportionate share of new development's impacts on the public facilities for which impact fees are collected pursuant to this Ordinance. The City's Comprehensive Plan establishes the policy that incorporates a review process for assessing the adequacy of public services and facilities and does not allow new development unless adequate public capital facilities exist or are assured. The City's Comprehensive Plan further establishes the policy that new development is required to pay its proportionate share of required improvements for new or expanded public capital facilities required by such development. The City Commission has amended the Comprehensive Plan to include a Capital Improvement Schedule for public facility improvements to serve new development subject to the payment of impact fees, as supported by the Technical Report. The Consultant has determined that the City's Impact Fees based on the City's growth patterns require updating. Impact Fees have been calculated to provide for facilities, 1256 equipment, infrastructure, and services needed to support growth based on forecasts of new development. The Impact Fee analysis considers existing fees and provides a comparison to both surrounding and comparable cities ensuring reasonableness, consistency, and feasibility. The Impact Fee Study outlines the extraordinary circumstances related to parks and recreation fees and provides a justification for adopting the fully calculated fee levels as well as outlines the extraordinary circumstances that the City faces in regards to providing the necessary capital improvements to meet additional demands resulting from growth. The City held publicly noticed workshops on May 30, 2023 and June 6, 2023 dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations contained in §163.31801, Fla. Stat. justifying the increases to the Parks and Recreation Facility Impact Fees, a copy of the presentations are on file with the City Clerk and incorporated herein by reference. The procedures adopted pursuant to this Ordinance have been significantly revised from the last revision of the code in 2013 to incorporate the necessary changes to implement current impact fees and provide a platform to introduce new impact fees in the future. Importantly, this Ordinance also now conforms to 2021 legislation which significantly revised the Florida Impact Fee Act to, among other items, update statutory definitions, update the requirements for Fee credits, update the requirements for Fee increases, and update the Financial Reporting requirements. The Ordinance maintains the current provisions to allow developers to provide a land donation in lieu of impact fee. How will this affect city programs or services? Adopting the proposed fees will allow the City to achieve it's adopted level of service (LOS) standards as recently adopted in the Parks System Master Plan. Fiscal Impact: The approval of the proposed ordinance increases the Parks and Recreations Impact Fee revenue. New single-family, two to four unit dwellings, and multi -family dwelling unit's Park & Recreation Impact Fee will increase from $875, $678, and $595 to $2,560, $2,299 and $1,914 respectively. Attachments: Ordinance 23-013- Impact_Fee_Update_2023.pdf Parks _ and _Recreation_Impact_Fee_Study_Report_and_Tables_Final_.pdf Parks_and_Rec_Impact_Fee_Backup 1257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ORDINANCE NO. 23-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS ("LDRS"), CHAPTER 2, LAND DEVELOPMENT PROCESS; ARTICLE VI "IMPACT AND SELECTED FEES" TO AMEND SECTION 2 TO ADOPT A COMPREHENSIVE IMPACT FEE SCHEDULE FOR PARKS AND RECREATION FACILITIES; ADOPTING AN IMPACT FEE STUDY; ESTABLISHING CRITERIA AND ADMINISTRATIVE PROCEDURES FOR INDIVIDUAL ASSESSMENT OF IMPACT FEES, REFUNDS, CREDITS, AND COLLECTION OF FEES; CREATING SECTION 9 TO CREATE AN IMPACT FEE SCHEDULE; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission retained the firm of Raftelis Financial Consultants, Inc. to study the need to impose impact fees for parks and recreation facilities; and WHEREAS, Raftelis Financial Consultants, Inc. has prepared and presented to the City Commission a report titled, "City of Boynton Beach 2023 Parks and Recreation Impact Fee Study," dated May 19, 2023 (hereinafter the "Technical Report") which establishes the proportionate share of new development's impacts on the public facilities for which impact fees are collected pursuant to this Ordinance; and WHEREAS, the Technical Report has been presented to and reviewed by the City Commission, which has determined: (1) that impact fees are necessary to offset the costs to the City associated with meeting the necessary public service and facility demand created by projected new residential and non- residential development; (2) that the amount of the impact fees bears a reasonable relationship to the burden imposed upon the City to provide the new public facilities addressed in the Technical Report to new development, (3) the expenditure of impact fees, pursuant to the terms of this Ordinance, will result in a beneficial use to such new development reasonably related to the impact fees, per dwelling unit, by type; (4) that a "rational nexus" exists between the projected new development and the need for additional public facilities to be funded via the development fees; and (5) that the amount of the development fees is ;00559100.6306-9001821 1 CODING: Words in stfike *gig type are deletions from the existing law; Words in underscore type are additions. Page 1 of 22 1258 34 "proportional" to the fair share of the additional public facilities needed to provide adequate service to new 35 development; and, 36 WHEREAS, the City of Boynton Beach's Comprehensive Plan establishes the policy that 37 incorporates a review process for assessing the adequacy of public services and facilities and does not 38 allow new development unless adequate public capital facilities exist or are assured; and 39 WHEREAS, the City of Boynton Beach's Comprehensive Plan further establishes the policy that 40 new development is required to pay its proportionate share of required improvements for new or expanded 41 public capital facilities required by such development; and 42 WHEREAS, the City Commission has amended the Comprehensive Plan to include a Capital 43 Improvement Schedule for public facility improvements to serve new development subject to the payment 44 of impact fees, as supported by the Technical Report; and 45 WHEREAS, pursuant to §163.31801, Fla. Stat.: 46 (a) the Technical Report, and the impact fees recommended therein, are based on the most recent and 47 localized data; and 48 (b) this Ordinance includes procedures for accounting and reporting of impact fee collections and 49 expenditures in order to assure compliance with applicable legal standards; and 50 (c) this Ordinance includes separate accounting funds for each public facility for which an impact fee 51 is collected; and 52 (d) administrative fees charged pursuant to this Ordinance for the collection of impact fees are limited 53 to actual costs; and 54 (e) this Ordinance requires audits of the City's financial statements to include an affidavit of the City's 55 chief financial officer stating that the requirements of §163.31801, Fla. Stat. have been complied 56 with; and ;00559100.6306-9001821 1 CODING: Words in stfike *gig type are deletions from the existing law; Words in underscore type are additions. Page 2 of 22 1259 57 (f) this Ordinance requires that the collection of the impact fee will not be required earlier than the 58 date of issuance of the building permit for the property that is subject to the fee; and 59 (g) the Technical Report demonstrates that the impact fees are proportional and reasonably connected 60 to, or have a rational nexus with, the need for additional capital facilities and the increased impact 61 generated by the new residential construction; and 62 (h) the Technical Report and this Ordinance show that the impact fees are proportional and reasonably 63 connected to, or have a rational nexus with, the expenditures of the funds collected and the benefits 64 accruing to the new residential construction; and 65 (i) this Ordinance specifically earmarks funds collected under the impact fee for use in acquiring, 66 constructing, or improving capital facilities to benefit new users and does not pay existing debt or 67 for previously approved projects unless the expenditure is reasonably connected to, or has a 68 rational nexus with, the increased impact generated by the new residential or nonresidential 69 construction; and 70 WHEREAS, the Techical Report distinctly demonstrates the extraordinary circumstances 71 necessitating the need to exceed the phase-in limitations contained in § 163.3180 1, Fla. Stat. and thereby 72 justifying the increases to the Parks and Recreation Facility Impact Fees above the 50% limitation; and, 73 WHEREAS, on May 30, 2023 and June 6, 2023, the City held publicly noticed workshops 74 dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations 75 contained in §163.31801, Fla. Stat. justifying the increases to the Parks and Recreation Facility Impact 76 Fees, a copy of the presentations are on file with the City Clerk and incorporated herein by reference; and, 77 WHEREAS, the impact fees assessed pursuant to this Ordinance are necessary to ensure the public 78 health, safety, and welfare of the residents of the City of Boynton Beach. 79 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 80 OF BOYNTON BEACH, FLORIDA: ;00559100.6306-9001821 1 CODING: Words in stfike *gig type are deletions from the existing law; Words in underscore type are additions. Page 3 of 22 1260 81 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and correct 82 and are hereby made a specific part of this Ordinance upon adoption hereof. 83 Section 2: Part Ill, Land Development Regulations; Chapter 2, Land Development Process; 84 Article VI, Section 2 entitled "City Parks and Recreation Facilities Impact Fee or Land Dedication" of the 85 Code of Ordinances of the City of Boynton Beach, is repealed in its entirety and replaced to read as follows: 86 Sec. 2 City Parks and Reeireation Faeffities New Development Impact Fees . 87 (A) Procedural and Administrative Requirements 88 (1) Purpose and Authority 89 (a) The City Commission of the City of Boynton Beach recognizes that growth and development 90 in the City will require that the capacity of the City's public facilities be expanded in order to 91 maintain adequate levels of service, and that without a funded program for public facility 92 improvements, new gxowth and development will have to be limited in order to protect the 93 health, safety, and welfare of the citizens of the City of Boynton Beach. 94 (b) The City Commission has completed a study establishin tg he type, amount, and cost of 95 projected public facility improvements needed to serve new growth and development. 96 (c) The purpose of this Section is to ensure that new growth and development that is approved by 97 the City pays a fair share of the costs of public facilities needed to serve new growth and 98 development. 99 (d) This Section, which requires new development to pay reasonable impact fees, requires new 100 development to pay its pro rata share of the reasonably anticipated expansion costs of new 101 public facilities created by new growth and development, which is the responsibility of the City 102 in order to carry out its Comprehensive Plan, as amended, and adopted under Section 163.3161, 103 et seq., Florida Statutes, and is in the best interest of the public health, safety, and welfare. 104 (e) The City Commission of the City of Boyton Beach has determined that it is in the best economic 105 interests of the citizens of the City to ensure that certain forms of development be exempt from 106 the requirements of payment of certain impact fees. 107 (f) The technical data, findings and conclusions herein are based on the Comprehensive Plan, as 108 amended, and the Technical Report. ;00559100.6306-9001821 1 CODING: Words inr..ar�= type are deletions from the existing law; Words in underscore type are additions. Page 4 of 22 1261 109 (2) Adoption of Technical Report as Basis of Impact Fees 110 The City hereby adopts and incorporates by reference, the report entitled "City of Bo, ny ton 111 Beach 2023 Parks and Recreation lin Fee Study," prepared by Raftelis Financial 112 Consultants, Inc., and dated May 19, 2023 (refeiTed to herein as the "Technical Report), which, 113 among other things, supports the amounts and reasonableness of the impact fees imposed by 114 this Article. 115 (3) Interpretations of Sections and fee schedule. 116 Interpretation of the provisions of this Section shall be made by the City Manager or the City 117 Manager's designee. 118 (4) Effect on other regulations and requirements 119 (a) This Section may not be construed to alter, amend, or modify an oprovision of the Cites 120 LDRs and Code of Ordinances. Other provisions of the City's LDRs and Code of Ordinances 121 shall be operative and remain in full force and effect notwithstanding any contrary provisions, 122 definitions, or intentions that are or may be expressed or implied in this Section. 123 (b) The payment of impact fees shall not entitle the applicant to a building permit unless all other 124 applicable land use, land development, zoning, planning, concurrency, and other applicable 125 requirements, standards, and conditions have been met. Such other requirements, standards, 126 and conditions are independent of the requirement for payment of impact fees required by this 127 Section. 128 (c) This Section, includingthe he specific impact fee ordinances for particular public facilities, shall 129 not affect, in any manner, the permissible use of property, density or intensity of development, 130 design and improvement standards, or other applicable standards or requirements of the LDRs. 131 (B) Definitions 132 Article II, of Part III of the LDRs entitled Definitions and general rules of construction shall apply 133 to this Article. However, the following words, terms, and phrases, when used in this Section, shall 134 have the meanings ascribed to them in this subsection, except where the context clearly indicates a 135 different meaning: 136 Alternate park impact fee shall mean the alternate to the parks and recreation impact fee 137 pursuant to Section 9 of Article VI of the LDRs. ;00559100.6306-9001821 1 CODING: Words inr..ar�= type are deletions from the existing law; Words in underscore type are additions. Page 5 of 22 1262 138 City park system shall include all parks and recreation facilities owned and operated b. the 139 City and designed and intended to serve all City residents, including active parks, passive parks, 140 water access sites, and associated recreational facilities and buildings, but does not include those 141 parks and recreational facilities that are owned and operated by any private entity, the federal 142 government, or Palm Beach County or those parks and recreational facilities that are owned and 143 operated by the State of Florida. 144 Developer shall mean a person, corporation, organization, or other legal entity undertaking 145 development. 146 Development shall mean any new residential or nonresidential construction or expansion 147 of building(s) or structure(s), or any changes in the use of any building(s) or structure(s) or land 148 use that will generate additional impact on the Cit public facilities. 149 Encumbered shall mean legallygated or otherwise committed to use by appropriation 150 or contract. 151 Fair share shall mean that share or portion of the cost of public facility improvements 152 which is reasonably connected to, or has a rational nexus with, the need for additional capital 153 facilities and the increased impact generated by the new residential or commercial construction. 154 Fee paver shall mean a person undertakingdevelopment who pays a fair share impact fee 155 in accordance with the terms of this Section. 156 Impact fee shall mean a fee imposed pursuant to this Section. 157 Impact fee account shall mean an account established by the City for the purpose of 158 segregating impact fee revenues collected for a particular public facility from all other City funds. 159 In i astructure means a fixed capital expenditure or fixed capital outlay, excluding the cost 160 of repairs or maintenance, associated with the construction, reconstruction, or improvement of 161 public facilities that have a life expectancy of at least 5 years; related land acquisition, land 162 improvement, design, engineering,and permitting costs; and other related construction costs 163 required to bring the public facility into service. The term also includes a fire department vehicle, 164 an emergency medical service vehicle,a police department vehicle, and the equipment necessary 165 to outfit the vehicle for its official use. 166 Level of service is a measure of the availability and accessibility of public facilities in 167 support of public facility services. ;00559100.6306-9001821 1 CODING: Words inr,.ar�= type are deletions from the existing law; Words in underscore type are additions. Page 6 of 22 1263 168 Non -commencement shall mean the cancellation of construction activity making a material 169 change in a structure, or the cancellation of any other development activity making a material 170 change in the use or appearance of land. 171 Parks and recreation facilities shall mean the land, buildings, structures, equipment and 172 facilities as may be necessary to meet the needs for the City parks and recreation system, which are 173 created by new development, including those costs which are incidental to the above. 174 Parks and recreation facilities capital costs include, but are not limited to, capital costs 175 associated with the planning, design and construction of new or expanded parks and recreation 176 facilities which have a life expectancy of five or more years, and the land acquisition, land 177 improvement, design, and engineering related thereto. Such costs do not include routine and 178 periodic maintenance expenditures or personnel, training, or other operating costs, but do include 179 the followingas s they relate to the provision of parks and recreation facilities: 180 (1) The cost of all labor and materials; 181 (2) The cost of all lands, property, rights, easements and franchises acquired, including costs 182 of acquisition or condemnation, 183 (3) The cost of all plans and specifications; 184 (4) The cost of new equipment; 185 (5) The cost of all construction, new drainage facilities in conjunction with new buildings and 186 structures, and site improvements required in accordance with the Comprehensive Plan 187 and/or LDRs; 188 (6) The cost of relocating utilities to accommodate new construction; 189 (7) The cost of planning, engineeringand nd legal services; 190 (8) The cost of all land surveying, and soils and materials testing; and 191 (9) The cost of mitigating negative impacts of construction including natural resource impacts, 192 environmental impacts, noise impacts, air quality impacts, and community impacts. 193 Public facilities shall mean means major capital improvements, including, parks and 194 recreational facilities. for which impact fees are collected pursuant to this Article. 195 Public facilities capital costs include parks and recreation facilities capital costs. ;00559100.6306-9001821 1 CODING: Words inr..ar�= type are deletions from the existing law; Words in underscore type are additions. Page 7 of 22 1264 196 Technical report shall mean the "Cit.. o�ynton Beach 2023 Parks and Recreation Impact 197 Fee Stud prepared by Raftelis Financial Consultants, Inc., and da -ted May 19, 2023. 198 (C) Applicability of this Section. 199 (1) Affected area. 200 This Section shall apply to all new development within the City. Impact fees for particular public 201 facilities may apply to less than the entire City, only as indicated specifically in this Section. 202 (2) Type of development affected. 203 Except where specifically. exempt by the provisions of this Section, this Section shall apply to all 204 new development. 205 (3) Tvpe of development not affected. 206 Exemption for governmental or public facilities. Governmental or public facilities are exempt from 207 the requirement that impact fees be paid. 208 (a)Such facilities are those parcels, grounds, buildings or structures owned by municipal, 209 County, State or federal governments, the Palm Beach County School Board or the South 210 Florida Water Management District and related to the operation of those entities and used 211 for governmental purposes including, but not limited to, governmental offices, police and 212 fire stations, airports, seaports, parking facilities, equipment yards, sanitation facilities, 213 water control structures, schools, parks and similar facilities in or through whicheg neral 214 government operations are conducted. 215 (b)This exemption also includes privately -owned properties or facilities that are leased to 216 a governmental entity for the exclusive purpose of establishing a temporary public facility 217 while the permanent public facility is being constructed, provided that impact fees shall be 218 assessed at the time another use is established on such property or in such facility. 219 (c)It is provided, however, the following shall not be considered governmental or public 220 facilities and shall be subject to payment of impact fees: 221 (i)Privately owned properties or facilities leased for governmental operations or 222 activities, except as provided in this subsection; and 223 (ii)Public properties or facilities used for private residential, commercial, or 224 industrial activities. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 8 of 22 1265 225 (D) Collection of impact fees; when not Paid by mistake or inadvertence; liens 226 (1) Collection. Impact fees required by this Section shall be assessed against new development and 227 collected in full at the time of the issuance of a building permit by the City. The City may withhold 228 the issuance of a TCO or CO until the applicant has paid in full the applicable impact fees imposed 229 by this Section. The obligation for payment of assessed impact fees shall run with the land. The 230 City Commission may establish and collect an administrative charge (which will be limited to 231 actual costs) to offset its actual costs of impact fee collection by adoption of a resolution. 232 (2) Collection offees when not paid by inadvertence; liens. If the impact fees are not paid as required 233 by this Section prior to the issuance of a certificate of occupancy because of mistake or 234 inadvertence, the Cit__ shall to collect the impact fees as follows: 235 (a) The City shall serve, by certified mail, return receipt requested, an impact fee statement notice 236 upon the applicant at the address set forth in the application for building pennit, and the owner 237 at the address appearing on the most recent records maintained by the property ppraiser of 238 Palm Beach County. The City also shall attach a copy of the impact fee statement notice to the 239 building permit posted at the affected construction site if the building is under construction. 240 Service of the impact fee statement notice shall be deemed effective on the date the return 241 receipt indicates the notice was received by either the applicant or the owner or the date said 242 notice was attached to the building permit, whichever occurs first. 243 (b) The impact fee statement notice shall contain the legal description of the property and shall 244 advise the applicant and the owner as follows: 245 (i) The amount due and theeg neral purpose for which the impact fee was imposed. 246 (ii) That the impact fee shall be delinquent if not paid and received by the City within 60 247 calendar days of the date the impact fee statement notice is received, excluding the date of 248 receipt, and, upon becomingdelinquent, shall be subject to the imposition of a delinquent 249 fee and interest on the unpaid amount until paid; ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 9 of 22 1266 250 (c) That in the event the impact fee becomes delinquent, a lien against the property for which the 251 building permit was secured shall be recorded in the Official Records Book of Palm Beach 252 County. The impact fee shall be delinquent if, within 60 calendar days from the date of the 253 receipt of the impact fee statement notice by either the applicant or the owner, or the date said 254 notice was attached to the building permit, neither the impact fees have been paid and received 255 by the City, nor a hearing requested pursuant to the requirements above. In the event a hearing 256 is requested, the impact fees shall become delinquent if not paid within 30 calendar days from 257 the date the City Commission determines the amount of impact fees due upon the conclusion 258 of such hearing. Said time periods shall be calculated on a calendar day basis, including 259 Sundays and legal holidays, but excluding the date of the earliest receipt of said impact fee 260 statement notice or the hearing date of the City Commission's decision in the event of an appeal. 261 In the event the last day falls on a Sunday or legal holiday, the last due date prior to becoming 262 delinquent shall be the next business day. Upon becomingdelinquent, a delinquency fee equal 263 to ten percent 10%) of the total impact fee imposed shall be assessed. Such total impact fee, 264 plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on 265 a calendar day basis, until paid. 266 (d) Should the impact fee become delinquent, the City shall serve, by certified mail return receipt 267 requested, a "Notice of Lien" upon the delinquent applicant if the building is under construction 268 at the address indicated in the application for the building permit, and upon the delinquent 269 owner at the address appearing on the most recent records maintained by the Property ppraiser 270 of Palm Beach County. The notice of lien shall notify the delinquent applicant and owner that 271 due to their failure to pay the impact fee, the City shall file a Claim of Lien with the Clerk of 272 the Circuit Court in and for Palm Beach County. 273 (e) Upon mailing of the notice of lien, the City Attorney shall file a claim of lien with the Clerk of 274 the Circuit Court in and for Palm Beach County for recording in the Official Records of Palm 275 Beach County. The claim of lien shall contain the legal description of the property, the amount 276 of the delinquent impact fees and the date of their imposition. Once recorded, the claim of lien 277 shall constitute a lien against the property described therein. The City Attorney shall proceed 278 expeditiously to collect or otherwise enforce said lien. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 10 of 22 1267 279 280 281 282 283 284 285 MR 287 288 289 290 291 292 293 294 (E) 295 296 297 298 299 300 301 302 303 304 (f) After the expiration of six months from the date of recording of the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. W73.04 - 173.12, inclusive, which provisions are hereby incorporated herein in their entirety to the same extent as if such provision were set forth herein verbatim. (g) The liens for delinquent impact fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other subsequently filed liens and claims, until paid as provided herein. (h) The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, any pplicable procedures provided in any other ordinances or administrative regulations of the City or any pplicable law or administrative regulation of the State of Florida. Failure of the Citv to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the City or any applicable law or administrative regulation of the State of Florida. Individual assessment of impact fees. (1) Any applicant prior to or in conjunction with the submission of an application for a building permit or within 30 days of the date of payment of impact fees, may petition the City Manager or City Manager's designee for a determination that: i) the amount of the impact fees imposed on the new development is inappropriate based on the specific land use category applied to the residential or nonresidential development and/or based on the amount of development used to calculate the impact fees and/or based on the service units, as identified in the Technical Report, to be generated by the applicant's new development as documented by studies and data supported by qualified experts, or iil the impact fees are otherwise unlawfully imposed. The petition shall specify in detail the basis on which the applicant asserts that the amount of the impact fees is inappropriate or unlawful. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 1 1 of 22 1268 305 (2) The petition shall be on a form provided by the City and shall, at a minimum, include: identification 306 of the disputed factor(s), a detailed statement asserting the basis for the dispute, the data relied upon 307 by the petitioner, a detailed statement by a qualified professional engineer, planner or other 308 appropriate professional, and, if filed after payment of impact fees, a dated receipt for payment of 309 the impact fees issued by the City's Development Department. The applicant/petitioner shall be 310 responsible for all costs incurred by the City in reviewing and evaluating the petition, including but 311 not limited to, staff time and costs of outside consultants used at the discretion of the City. Failure 312 to timely file a petition for impact fee determination shall waive any right to challenge, review or 313 recalculate the impact fee payment. 314 (3) Within 30 business days of receipt of an individual assessment analysis, the City Manager or City 315 Manager's designee shall determine if the individual assessment analysis is complete. If the City 316 Manager or City Manager's designee determines the application is not complete, they shall send a 317 written statement specifying the deficiencies by mail to the person submittingthe he application. Until 318 the deficiencies are corrected, the City Manager or City Manager's designee shall take no further 319 action on the application. 320 (4) When the City Manager or City Manager's designee determines the individual assessment analysis 321 is complete, they shall review it within 30 business days. The City Manager or City Manager's 322 designee shall approve the proposed fee if they determine that the data, factors, and methodology 323 used to determine the proposed impact fee are professionally acceptable and fairly assess the costs 324 for capital improvements to the City's public facilities systems that are necessitated by the proposed 325 development if the facilities are to be maintained at adopted levels of service. If the City Manager 326 or City Manager's designee determines that the data, factors, or methodology are unreasonable, the 327 proposed fee shall be denied, and the developer shall pay the impact fees according to the schedule 328 established in Section 9 of Article VI of the LDRs or as set by the City Manager or City Manager's 329 designee, if the use had not previously been identified in the fee schedule. 330 (5) Any applicant may appeal the City Manager's or City Manager's designee's decision on an 331 individual assessment analysis filing a petition to the City Commission of the City consistent 332 with subsection 2(J) of Article VI of the LDRs. 333 (F) Credits. ;00559100.6306-9001821 1 CODING: Words in*,.arm= type are deletions from the existing law; Words in underscore type are additions. Page 12 of 22 1269 334 (1) Any person who initiates any development may apply for a credit against the impact fees imposed 335 by this Section for any contribution, payment, construction, or dedication of land accepted and 336 received by the City for public facilities, not otherwise required in order to obtain development 337 approval, consistent with the Comprehensive Plan, including all public facilities capital costs. 338 (2) No credit shall exceed the impact fee imposed by this Section for the proposed development, unless 339 the applicant provides public facility capacity in excess of the fair share demand created by its 340 proposed development. 341 (3) Development agreements entered into prior to the adoption of this Section which contained public 342 facility improvements may be entitled to a credit under the provisions of this Section if the 343 improvement is a public facility and is consistent with the Comprehensive Plan. 344 (4) Except as limited above, if an applicant is entitled to a credit, such credit shall be equal to the dollar 345 for dollar value of the cost of the public facilities contributed, paid for, constructed, or dedicated to 346 the City, based on the following criteria: 347 (a) The actual cost, or estimated cost of improvements based on recent bid sheet information of 348 the City; and 349 (b) A qualified appraisal of the fair market value of any land. 350 (5) The property owner shall initiate a determination of entitlement to credit by submitting a proposed 351 credit agreement to the City Manager or City Manager's designee. The credit agreement shall 352 include the following information: 353 (a) A proposed plan of specific public facility improvements, prepared and certified by a duly 354 qualified and licensed Florida engineer, and 355 (b) The estimated costs for the suggested public facilities improvements consistent with the 356 definition of public facilities capital costs, which shall be based on local information for similar 357 public facilities improvements, along with a construction timetable for the completion of such 358 improvements. 359 (6) The proposed credit agreement shall be prepared by qualified professionals in the field of planning 360 and/or engineering, impact analysis, and economics, as related to the particular impact fee to be 361 credited. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 13 of 22 1270 362 (7) Within 30 business days of receipt of the proposed credit agreement, the City Manager or City 363 Manager's designee shall determine if the proposal is complete. if it is determined that the 364 proposed credit agreement is not complete, the City Manager or City Manager's designee shall 365 send a written statement to the applicant outlining the deficiencies. The City Manager or City 366 Manager's designee shall take no further action on the proposed credit agreement until all 367 deficiencies have been corrected or otherwise settled. 368 (8) Once the City Manager or City Manager's designee determines the credit agreement is complete, 369 they shall review it within 30 business days, and shall recommend to the City Commission that the 370 proposed credit agreement be approved if it is determined that the proposed public facility 371 improvement is consistent with the Comprehensive Plan, and the proposed costs for the suggested 372 public facility improvement are professionally acceptable and fairly assess the cost for the capital 373 improvement. If the City Manager or City Manager's designee determines that either the suggested 374 public facilities improvement is not consistent with the Comprehensive Plan or that the proposed 375 costs are not acceptable, they shall propose a suggested public facility improvement similar to that 376 proposed, but consistent with the provisions of this Section. 377 (9) If the proposed credit agreement is approved by the City Commission, a credit agreement shall be 378 prepared and signed by the applicant and the City. The credit agreement shall specifically outline 379 the public facility improvement that will be constructed by the applicant, the time by which it shall 380 be completed, and the dollar credit the applicant shall receive for construction of the public facilities 381 improvement. 382 (10) Within 14 days after execution by the City, the credit agreement shall be recorded in the Palm 383 Beach County public records. 384 (11) If the City increases its impact fee rates, the holder of any impact fee credits, whether such credits 385 are granted under F.S. §§ 163.3180 or 380.06, or otherwise, which were in existence before the 386 increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of 387 the date it was first established. This subsection (F) shall operate prospectively and not 388 retrospectively_ 389 (12) Impact fee credits are assignable and transferable at any time after establishment from one 390 development or parcel to any other within the City and which receives benefits from the 391 improvement or contribution that generated the credits. 392 (G) Use of funds collected; impact fee accounts. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 14 of 22 1271 393 (1) Impact fees collected pursuant to this Section shall be used solely for the purpose of acquisition, 394 expansion, and development of the public facilities identified in the Comprehensive Plan, the need 395 for which results from and the provision of which will benefit new development paying impact 396 fees. Allowable expenditures include, but are not limited to: 397 (a) Public facilities and public facilities capital costs identified in the Comprehensive Plan to 398 benefit new users; 399 (b) Repayment of monies transferred or borrowed from any bud City fund of the Cityfund of the City which were 400 used to fund the acquisition, expense and development of the public facilities identified in the 401 Comprehensive Plan where the use of the monies is reasonably connected to, or has a rational 402 nexus with, the increased impact on the public facilities generated by the new residential or 403 nonresidential construction; 404 (c) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or 405 other indebtedness issued by the City to provide funds for acquisition, expansion and 406 development of public facilities identified in the Comprehensive Plan; 407 (d) Administration of the City's impact fee program to the extent that such administration costs do 408 not exceed actual costs of such administrative activities. 409 (2) Impact fees collected shall be encumbered for the construction of public facilities within seven 410 years of the date of collection. 411 (3) In order to ensure that impact fee revenues are earmarked and spent solely for the expansion of 412 public facilities necessary to offset the impacts of new development, the following provisions 413 apply: 414 (a) The City shall establish and maintain separate impact fee accounts for each public facility for 415 which an impact fee is collected, in accordance with the provisions of this Section. 416 (b) Impact fees shall be spent solely for the public facilit,y category for which they were collected. 417 (c) Any amounts in an impact fee account not immediately necessary for expenditure shall be 418 invested in an interest bearing account and all interest income derived from such investments 419 shall be deposited in the impact fee account. 420 (4) Impact fee revenues shall remain segregated from other City funds and only impact fees and 421 accrued interest shall be maintained in the impact fee accounts. ;00559100.6306-9001821 1 CODING: Words in*,.arm= type are deletions from the existing law; Words in underscore type are additions. Page 15 of 22 1272 422 (5) Amounts withdrawn from an impact fee account must be used solely in accordance with the 423 provisions of this Section. Amounts on deposit in an impact fee account shall not be used for any 424 expenditure that would be classified as a maintenance, operations, or repair expense or to address 425 existing deficiencies in public facilities. 426 (H) Refunds. 427 (1) Any impact fee collected may be returned to the fee paver if the approved development is canceled 428 due to non -commencement of construction before the funds have been spent or encumbered. 429 Refunds may be made in accordance with this Section provided the present owner of the approved 430 development files a petition for a refund within six months from the date of non -commencement. 431 (2) A refund application shall include the following information: 432 (a) A notarized sworn statement that the fee payer paid the impact fee for the property and the 433 amount paid; 434 (b) A copy of the dated receipt issued by the City for payment of the fee; 435 (c) A certified copy of the latest recorded deed for the property; and 436 (d) A copy of the most recent ad valorem tax bill. 437 (3) Within fifteen (15) business days of receipt of a refund application, the City Manager or City 438 Manager's designee shall determine if it is complete. If the City Manager or City Manager's 439 designee determines the refund application is not complete, they shall send a written statement 440 specifying the deficiencies by mail to the person submitting the refund application. Unless the 441 deficiencies are corrected, the City Manager or City Manager's designee shall take no further action 442 on the refund application. 443 (4) When the City Manager or City Manager's designee determines the refund application is complete, 444 they shall review it within thirty (30) business days, and shall approve the proposed refund if they 445 determine that the City has not spent or encumbered an impact fee within seven (7) years from the 446 date the fees were paid. 447 (5) When the refund application is approved, the money shall be returned with interest actually 448 accrued, less any administrative charges (which will be limited to actual costs) paid to offset the 449 City's costs of collection. ;00559100.6306-9001821 1 CODING: Words int farm= type are deletions from the existing law; Words in underscore type are additions. Page 16 of 22 1273 450 (6) Any fee payer may appeal the City Manager's or City Manager's designee's written decision on a 451 refund application b,, filing a petition with the City Commission consistent with subsection 2O of 452 Article VI of the LDRs. 453 (1) Uudating, indexing, annual reporting, and audits. 454 (1) At least once every five years, the City shall update the Technical Report which provides the basis 455 for the impact fees imposed under this Section. 456 (2) Audits of the City's financial statements, which are performed by a certified public accountant 457 pursuant to F.S. §218.39, and submitted to the auditor general, must include an affidavit signed _ by 458 the Finance Director, in compliance with the requirements of F.S. §163.31801. The City will 459 provide for annual accountingand nd reporting of impact fee collections and expenditures and will 460 account for the revenues and expenditures of such impact fee in a separate accounting fund. 461 (3) All updates and annual adjustments to this Section shall comply with statutory requirements for 462 notice and publication. 463 (J) Appeals. 464 (1) Initiation. A fee paver may appeal a final decision of the City Manager made pursuant to this 465 Section or any provision of this Section to the City Commission, by filing an appeal, in writing, 466 with the City Clerk, within twenty (20) calendar days of the decision. The appeal shall include a 467 written notice stating and specify briefly riefly the grounds of the appeal. The City Clerk shall place 468 the appeal on the City Commission's agenda for a regularly scheduled meeting or a special meeting 469 called for that purpose, and forward the record of the matter that is on appeal to the City 470 Commission. 471 (2) Record. The record considered by the City Commission shall be the record of the application 472 associated with the final decision being appealed from and any other documents related to the 473 decision. 474 (3) Notice. The City Clerk shall provide the applicant at least fifteen (15) calendar days notice of the 475 Appeal before the City Commission by mail or hand delivery. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 17 of 22 1274 476 (4) Hearing on Appeal. At the hearing on the appeal, the City Commission shall provide the appellant 477 an opportunity to identify the grounds for the appeal and the basis for the City Manager's alleged 478 error on the decision, based on the record. To the extent relevant, the City Manager whose decision 479 is being appealed from shall be allowed to respond, based on the record. After the presentations, 480 the City Commission may hear from any other person(s) it deems appropriate, and then based on 481 the testimony heard at the hearing and the record affirm, modify, or reverse the decision of the City 482 Manager or the provision of this Section. 483 (5) Standards. To reverse a decision of a City official, the City Commission shall find that there is a 484 clear and demonstrable error in the application of the facts in the record to the applicable standards 485 set forth in this Section. If the City Commission reverses or modifies the decision, it shall provide 486 the City official clear direction on the proper decision. In no case shall the City Commission have 487 the authority t�gotiate the amount of the impact fees or waive the impact fees otherwise specified 488 in this Section. The decision of the City Commission shall be final. 489 (6) Form ofDecision. The City Commission's decision on the appeal shall be in writing, and include 490 findings of fact and the application of those facts to the relevant standards. 491 Section 4: Part III, Land Development Regulations; Chapter 2, Land Development Process; 492 Article VI, Section 9 entitled "Imposition of impact fees" of the Code of Ordinances of the City of Boynton 493 Beach, is created as follows: 494 495 496 497 498 499 500 501 Sec. 9. Imposition of impact fees. The following impact fees are hereby levied on all new development, as set forth in Section 2(C) of Article VI of the LDRs: Type of Dwelling Unit Impact Fee Per Dwelling Unit 10-16-2023 Impact Fee Per Dwelling Unit 10-16-2024 Single Familper Unit $1,920.00 $2,560.00 Dwellings w/ 2-4 Units $1,725.00 $2,299.00 Multifamily 5+ Units $1,436.00 $1,914.00 (1) Parks and recreation impact fee. (a) A parks and recreation impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this Article, in accordance with the fee schedule. (b) There is hereby established a parks and recreation impact fee account into which all parks and recreation impact fees collected shall be deposited. Parks and recreation impact fee revenues :00559100.6 306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 18 of 22 1275 502 shall be spent only on parks and recreation facilities and parks and recreation facilities capital 503 costs as provided in this Section. 504 (c) Alternate to parks and recreation impact fee: 505 (i) Land Donation in lieu of impact fee. Some or all of the park and recreation facilities impact 506 fee obligation may be satisfied by dedication of land to the city for park and recreation 507 facilities. The process of donation may be initiated b.. t�pplicant or the city pon the 508 formal filing of a development application and prior to the completion of staff reviews. 509 When staff anticipates the need for a land dedication in lieu of an impact fee, staff shall 510 notify the property owner/applicant at the pre -application conference. Staffs notification 511 to the property owner/applicant shall include a statement that only the City Commission 512 has the authority to decide when a land dedication will be required in lieu of the payment 513 of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved to 514 the City Commission. 515 (ii) Master or Site Plan. When either an applicant or the city proposes a land dedication in lieu 516 of all or part of the required cash fee, the applicant shall submit to the Director of Parks 517 and Recreation a proposed plan for the dedication of land for impact fee satisfaction. The 518 proposed plan shall include a legal description of the land and a written appraisal of the 519 land, alongwith ith a proposed date for the donation of the land. Upon receipt of the proposed 520 plan, the Director of Recreation and Parks shall schedule a hearing before the City 521 Commission and provide the applicant with written notice of the time and place of the 522 hearing. Such hearing shall be held in accordance with the City Commission rules for 523 conducting quasi-judicial hearings. The City Commission, following a written 524 recommendation from the Director of Parks and Recreation and the City Manager, shall, 525 following the public hearing determine whether it shall require a land dedication in lieu of 526 a fee by consideration of the following_ 527 (1). Suitability. The land should be suitable for future park and recreation facilities based 528 upon the size, shape, topography, geology, access and location of the proposed 529 development; ;00559100.6306-9001821 1 Page 19 of 22 CODING: Words in swar 4wou type are deletions from existing law; Words in underlined type are additions. 1276 530 O. No Defects. The land must have no known physical or environmental problems such 531 as with drainage or flooding, or on-site safety hazards associated with it; and 532 (3). Consistency. The location of the land and its potential for development should be 533 consistent with the city's Recreation and Parks Strategic Plan 534 (iii) Approval. Nothing contained herein should be construed to prevent the City Commission 535 from exercising its authority to decline the donation of land as partial or full satisfaction of the 536 parks and recreation impact fee. 537 (iv) Fair Market Value. The fair market value of said land dedicated in lieu of a cash fee will 538 be credited to the applicant against the impact fee as set forth in this section. If the fair market 539 value exceeds the applicant's impact fee obligation, the reimbursement will be made to the 540 applicant by direct cash payment from the trust fund. 541 (v) Appraisal. The value of the proposed land to be dedicated shall be based upon a written 542 appraisal of fair market value by a qualified and professional appraiser, and based upon 543 comparable sales of similar property between unrelated parties in a bargaining transaction, if 544 available. The appraiser must: be a Member of the Appraisal Institute (M.A.I.); have his or her 545 principal office for business in Martin, Palm Beach or Broward County; and have been 546 qualified to testify as an expert on land valuation in a court proceeding in at least three (3) legal 547 proceedings involving a governmental entity. The fee of the appraiser shall be paid by the 548 applicant when a dedication in lieu of a cash fee is requested b.. the he applicant and by the city 549 when the dedication in lieu of a cash fee is initiated by the citv. 550 Section 5: Codification. It is the intention of the City Commission of the City of 551 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made 552 a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this Ordinance 553 may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article," or such 554 other word or phrase in order to accomplish such intention. ;00559100.6306-9001821 1 Page 20 of 22 CODING: Words in stT-ike4wou type are deletions from existing law; Words in underlined type are additions. 1277 555 Section 6: Severability. If any clause, section, or other part of this Ordinance shall 556 be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 557 invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of 558 this Ordinance. 559 Section 7: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or parts 560 of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 561 Section 8. Effective Date. That this Ordinance shall take effect 90 days after adoption and 562 signature by the Mayor. 563 564 (Remainder of the Page intentionally left blank) 565 ;00559100.6306-9001821 1 Page 21 of 22 CODING: Words in stfike 4woug h type are deletions from existing law; Words in underlined type are additions. 1278 S66 FIRST READING this 20th day of June, 2023. 567 SECOND, FINAL READING AND PASSAGE this day of , 2023. 568 CITY OF BOYNTON BEACH, FLORIDA 569 570 571 572 573 574 575 576 577 578 579 580 581 582 ATTEST: 583 584 585 586 Maylee DeJesus, MMC 587 City Clerk 588 589 590 (Corporate Seal) 591 592 593 594 ;00559100.6306-9001821 1 YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Woodrow L. Hay Commissioner —Angela Cruz Commissioner — Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 22 of 22 CODING: Words in swar 4wou type are deletions from existing law; Words in underlined type are additions. 1279 mIllmoull"moll FEEN INNEE/01 % l IIIIII Ills rid h Final May 19, 2023 1114° A T E ............ 1280 VIII :A F VIII VIII May 19, 2023 Honorable Mayor and Members of the City Commission City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Subject: Parks and Recreation Impact Fee Study Ladies and Gentlemen: We have completed our study of the parks and recreation impact fees for the City of Boynton Beach (City) and have summarized the results of our analysis, assumptions, and conclusions in this report, which is submitted for your consideration. This report summarizes the basis for the proposed impact fees in order to provide funds to meet the City's capital expenditure requirements for such services allocable to new development. During the course of the study, it was determined that the proposed impact fees should meet a number of goals and objectives. These goals and objectives primarily deal with fee sufficiency and level. Specifically, the major objectives considered in this study include: r The Impact Fees should be sufficient to fund the capital requirements associated with providing service to new development based on the recently completed parks and recreation master plan; r The Impact Fees should not be used to fund deficiencies in parks and recreation capital needs, if any; and The Impact Fees should be based upon reasonable level of service standards, which meet the needs of the City and are similar to industry standards. The proposed impact fees presented in this report should meet the above objectives, as identified during this study. As such, based on information provided by the City and the assumptions and considerations reflected in this report, Raftelis Financial Consultants, Inc. (Raftelis) considers the proposed fees to be cost -based, reasonable, and representative of the funding requirements of the City. (Remainder of page intentionally left blank) 3�411 1119 II allU airupl Nivenue, Sultia 300, 11A.,,alU aund, II"':II32751 vaauarwi afillelllia„a.a,w,o a 1281 Honorable Mayor and Members of the City Commission City of Boynton Beach May 19, 2023 Page 2 We appreciate the cooperation and assistance given to us by the City and its staff in the completion of the study. Very truly yours, RAFTELIS FINANCIAL CONSULTANTS, INC. Henry L. Thomas Vice President Shawn A. Ocasio Manager HLT/dlc Attachments 1282 Executive Summary i i l i i i til ire.................................................I -�i I ,Il...ClJIIIISII SLJIISILII;°f,. L...M...1 ... .... .... .... .... .... .... .... .... 2 Section1 Ili it ii i.................................................................................... - II"I Il ll:RO: DUC;.l ll(:)II""J ...................................................................................................................................... �... U..11..11....11( mll:w 11 °..IL.IIIl''"u.................................................................................................................................... 1... all;II..L.II A II:: SII: VIII ..IL. II S .... .... .... .... .... .... .... .... .... .... �... III: :...IL. II:: -II: II: II II:..11..11....110Il::zS......................................................................................................................... 1 3, S U MII I II: M°"i" (II:: ......................................................................................................................... 1 ...; Section CityI i irI If�ii........................................................................ A I IL II \J S II°°'SIL)II S II SII II , `IL "ILII : II ^' IL II ; II : .... .... .... .... .... .... .... 2... � .......................................................................... ......................................................................... 3... "� IL....... IL........ � IL......... IL....... 4._.. II IL......... II �'>� II �,., IL........ S II II II IL....... II , IL....... S......................................................................................................... 3 1 I II.s' II II""I(p IfwR11 IIRflE IL IIGI`M'II II S«SII .P 3 2 .,,:r..L.L...:s:„G, 11:........"^” L ill"'"............................................................................................................. 32 SIL... IIS p II" 4 (D C Ih wI II A..If.. II 0 II',II AII . If: AC I 1 I If: II PARKS AND RECREATION FACILITIES IMPACT FEE ASSUMPTIONS ............................................... 3-4 IMPACT FEE CALCULATION.................................................................................................................. 3-5 kl II;IA II Q,. ': II SII II °; II" II .... .... .... .... .... .... .... ;3 1° � nib � IIl�II6: rmm m�: ui Illl iii :�'r�;� m / a,rai� , : ii�� I" , o°��',,�fn;�ri Ilr'r7q: „rv� t , ,,� 1�n�1,+"' �Imk:: of t criforfls 1283 Section p City Den°jog aplsics: 2-1 Population and Housing Forecast Section 3 Parts and Ilecreation Sei,vi e Inip ct Fei:, mAn sly s:is: 3-1 Inventory of City Parks and Recreation Facilities 3-2 Summary of Existing City Investments in Parks and Recreation 3-3 Summary of Capital Projects to Improve and Expand Parks and Recreation Facilities 3-4 Design of Parks and Recreation Impact Fee 3-5 Parks and Recreation Impact Fee Comparison Appendices: A Florida Impact Fee Act B Functional Allocation of Existing Capital Equipment, Vehicles, and Facilities l'diilni, of 111111a ,loin Illl311?,i! :h ard ocrinafieriIln7q;mcr e 1iich, 1284 Ixec1I(f ..`f1 S . mn'. lacy` The purpose of an impact fee is to assign, to the extent practical, growth -related capital costs to the new development responsible for such costs. To the extent new population growth and associated development imposes identifiable capital costs to municipal services, equity and modern capital funding practices suggest the assignment of such cost to those new residents or system users responsible for such costs. The City of Boynton Beach (City) has recognized this capital funding strategy as being an appropriate method of funding the certain growth -related capital requirements of the City. This report addresses the impact fees associated with parks and recreation capital facilities. Raftelis Financial Consultants, Inc. (Raftelis) was retained to review and develop proposed fees, as appropriate. Based on the subsequent discussions in this section, the following table summarizes the City's existing fees (effective from 2013) and the proposed impact fees for the single-family residential classification as follows: Single Family, Detached or Attached Dwellings in Buildings Containing Two to Four Units Multi -Family (Dwellings Containing Five or More Units) Existing Fees Proposed Fess $875.00 $2,560.00 678.00 2,299.00 595.00 1,914.00 A comparison of the City's existing and proposed single-family residential impact fees levels to other local municipalities is shown below for informational purposes. Parks and Recreation Impact Comparison S:u,P !?.Of> C G" 'r..j.,...... tN7 C 4r C 1[]. L.0 % �,�, � ��o No ■ ■ �;. ,•`� .7.i� Cbz 0 ��i 4 v" w�' "t�, � �� "�� u 4 P� Vii �� ✓�'r v him i agA�: i't[W.i41. 4 Mu -r Fbnida 0 ... an4 ,Nf ' Ae p, 11:Illy ollll Ill,1lllaprrmU�auia Illlp1ii?,iaa!r�!:m / r,rri" ,sari, ecri!rmbnn IIrnq:md Liu: y 1285 As shown on the previous page, the City's calculated impact fees are comparable to the impact fees charged by other Florida communities surveyed. II.3f"ffls r.13.f: C11I:3I111111"1C'fl 13. 1 .1I3. The following is a summary of our observations and recommendations following the investigations and analyses included in the preparation of this report: L The impact fees must be reasonably related to the cost of providing capital facilities / equipment needed to accommodate new growth. The impact fees collected must be used by the City to address the capital costs related to serving new development. Based on the information made available by the City, the proposed impact fees are intended to meet these Florida legal requirements. ,. Pursuant to Florida Statutes Section 163.31801, the City must provide notice no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. 3, Collection of the fee may not be required before the issuance of the building permit. 1, In compliance with Florida Statutes the City should collect and maintain revenue from the municipal fee in designated sub -accounts and use such fees on those facilities designated for each purpose. 5, The City should adopt the impact fees as proposed to ensure adequate funding sources are available to fund future service expansion projects needed to provide the identified level of service to new growth. 6), Pursuant to Florida Statutes Section 163.31801, the City must comply with the legal and procedural requirements for adopting a fee increase either based on the phasing requirements as detailed in the Statutes or through the extraordinary circumstance provisions outlined in the Statutes. The fees developed within this report reflect recovery of identified costs though the City has discretion to phase in or otherwise adopt less than the fully calculated fees. However, the adoption of fees less than the fully calculated rates should be applied to all land uses equally in order to maintain the calculations herein in correct proportion. Adopting less than the calculated rates would increase the reliance on General Fund and other revenue sources to meet the capital demands of growth. The subsequent sections of this report provide detailed discussions on the assumptions and methodology used in the development of the proposed impact fees for parks and recreation services. (Remainder of page intentionally left blank) � nib � IIl�II6; m m;: ui Illl iii :� r�� m / r,�r°h : rw� II �!:��,,„f��7ri Ilrrlq;r, A e "�1�„;�:�^��,� 1286 .: roduct lam. The City of Boynton Beach (City) is located in Palm Beach County (County) north of Miami and south of West Palm Beach. The City comprises approximately 17 square miles and provides parks and recreation facilities to year-round and seasonal residents. Based on the published U.S. Census in 2020, the City's permanent population was 80,380. Based on historical growth trends discussions with the City's Planning Department, the estimated 2022 permanent population was approximately 81,900 with an additional seasonal population of about 8,000. It is anticipated that the City will have modest growth over the next 30 years with the City's permanent population projected to reach 96,000 with approximately 39,800 housing units by 2050 (Forecast Period). In order to meet this anticipated growth and development and to maintain current levels of service, the City's Parks and Recreation Department will need to fund capital improvements to serve such development. The City's Parks and Recreation Impact Fees were last updated in 2013. Impact fees need to be reviewed periodically to ensure that such fees reflect current actual investments made to serve growth, and to adequately reflect additional needs required to service new developments. Therefore, the City authorized Raftelis to evaluate the existing parks and recreation impact fees and develop proposed fees for consideration. . 1 tb r1 za ti 1 . Raftelis was authorized by the City to evaluate and develop parks and recreation impact fees pursuant to an agreement between the City and Raftelis. The scope of work for this project, as defined in the agreement, was to: Review and analyze the capital requirements of the City that are needed to meet the level of service standards for the parks and recreation function. This analysis includes a review of i) the existing and future facility and equipment inventory of the department; ii) service area population and development demographics and future needs; and iii) fee application methodology. Where appropriate, develop a fee to be charged to new development in order to recover the capital costs associated with providing municipal parks and recreation services. This analysis includes the apportionment of costs among customer / development classifications, and the development of the fee per equivalent billing unit. Develop a comparison of parks and recreation impact fees and associated billing attributes for similar charges imposed by other neighboring jurisdictions. Prepare a report that documents our analyses, assumptions, and conclusions for consideration by the City Manager and City Commission. Criteria fine lrty�pliacl Fees The purpose of an impact fee is to assign, to the extent practical, growth -related capital costs to those new customers that benefit from the facilities funded by such expenditures. To the extent new population growth 11:Illy of IllIlll�oymm�toin Il111311?,i! c::h aird I ocri!abbri IIrr�7q;m 9 e 1ii,:1h,, :,e , tion .Y Ir7U°,xfiswbnr`i I 1-1 1287 and associated development imposes identifiable capital costs to municipal services, equity and modern capital funding practices suggest the assignment of such costs to those new residents or system users responsible for such costs rather than the existing population base. Generally, this practice has been labeled as "growth paying its own way." Historically, impact fees in Florida were a result of home rule powers with the requirements associated with the development, administration, accounting, and expenditure governed by case law. However, Section 163.31801 of the Florida Statutes, known as the "Florida Impact Fee Act," was created on June 14, 2006, which placed specific requirements and limitations on that home rule authority. This statue has been amended several times since its initial adoption, including significant additional provisions in 2021 such as limiting the percentage increase for a change in impact fees. Appendix A at the end of the report includes the full Florida impact fee statute. The statute provides specific impact fee criteria, certain precedents established by case law also constitute the legal requirements associated with impact fees. Some of the major criteria includes the following: The impact fee should be reasonably equitable to all parties; that is, the amount of the fee must bear a relationship to the demand for services; The system of fees and charges should be set up so that there is not an intentional windfall to existing users; The impact fee should, to the extent practical, only cover the capital cost of construction and related costs thereto (engineering, legal, financing, administrative, etc.) for increases in or expansions of capacity or capital requirements for major facilities that are required due to growth. Therefore, expenses due to normal renewal and replacement of a facility (e.g., replacement of a capital asset) should be borne by all users of the facility or municipality. Similarly, increased expenses due to operation and maintenance of that facility should be borne by all users of the facility; and , The local government must adopt a revenue-producing ordinance that explicitly sets forth restrictions on revenues (uses thereof) that the imposition of the impact fee generates. Therefore, the funds collected from the impact fees should be retained in a separate account, and separate accounting must be made for those funds to ensure that they are used only for the lawful purposes described. Based on the criteria provided above, the impact fees herein will: i) include local current costs of improvements associated with the capacities needed to serve new growth; ii) not reflect costs of improvements associated with the renewal and replacement (R&R) of existing capital assets or deficiencies in level of service attributed to existing development; and iii) not include any costs of operation and maintenance of the capital improvements and equipment. This section provides only a general background regarding impact fees. Certain circumstances and issues regarding the interpretation of specific statutes or case law should be addressed by qualified legal counsel. IlNt�lp of II11,,,lo„ mm�toin Illy ,i!c:;:gym/ I1,rr1 ,aird I inr�nrrmbi in Ilinl nd e ::,e, Uori 'Y rr1r°,r+fis"Urnr�i 1, 1288 There are different methods for the calculation of an impact fee. The calculation is dependent on the type of fee being calculated (e.g., recreational services, transportation, etc.), cost and engineering data available, and the availability of other local data such as household and population projections, current levels of service, and other related items. The proposed fees reflected in this report are predominantly based on a combination of two methods. These two methods were: i) the improvements -driven method; and ii) the buy -in or recoupment approach. These methods have been utilized in the development of impact fees for local governments throughout Florida. The improvements -driven method is an approach that utilizes a specific list of existing or planned capital improvements over a period of time. For example, the fee may correspond to the level of capital improvements that have been identified in the capital improvements element of the Comprehensive Plan or capital improvement budget of the entity. The buy -in or recoupment method is based on the historical cost of assets, and adjustments to the basis of these assets, currently in service and with capacity available to serve new growth. The primary difference between the two methodologies is how the capital costs, which must be recovered from the application of the fee, are calculated. The proposed impact fees herein for the parks and recreation services include the application of these methods based on the capital facilities required to provide such services and meet the City's service level standards. For parks and recreation services these level of service (LOS) standards can vary significantly by community as each municipality establishes its unique vision for the quality of life. Where appropriate, the blending of methods occurred and a more complete discussion of the methods used for the development of the impact fees are presented in Section 3. Summary y I e3f1'rt In addition to Section 1, this report has been subdivided into two (2) other sections. The following is a brief discussion of the remaining sections included in this report. Section 2 — City Demographics. This section of the report provides a general discussion of the residential land use characteristics. Also presented in this section is the forecast of the residential population and dwelling units that are necessary in the design of the impact fees for the municipal services. Section 3 — Parks and Recreation Facilities Impact Fee Analysis. This section discusses the development of the recreation impact fee, including the capital requirements associated with providing parks and recreation facilities to the City's residents, the methodology for the determination of the proposed fees, assumptions utilized in the design of the fees, and other factors associated with the fee determination. (Remainder of page intentionally left blank) 11:Illy of IllIlll�oymm�toin Il111311?,i!c::h aird IRon°r:abnn IIrr�ip; lc 9 e 1ii,:h, 1289 ,. ,7l.e11161111), This section provides a general discussion of the current service area, including population and housing statistics and other demographic information related to land use. Additionally, a discussion of the anticipated growth in population and associated growth in residential dwelling units is also contained in this section. A forecast of the population of the City is needed in order to: i) have an appropriate planning horizon to ensure that capital improvement needs and costs are apportioned over a suitable growth segment; ii) link LOS requirements to the capital facility plan; and iii) identify any deficiencies in existing capital facilities related to the LOS standards and current population served. As shown in Table 2-1 at the end of this section, the City's total estimated population is 81,873 in 2022. Based on information provided by the City, it is estimated that the total population will approach approximately 88,578 permanent residents by 2023 and 96,038 residents by the year 2050. Thus, the population growth anticipated by the City is expected to be moderate, approximately 0.8% on an average annual basis through the year 2032 and then conservatively by 0.5% percent through the year 2050. [1] Future population estimates shown based on a review of historical population growth as obtained from the U.S. Census Bureau and discussions with City staff. To the extent the projection of future development materially changes, it would then be appropriate for the City to re-evaluate the impact fees developed in this report. (Remainder of page intentionally left blank) 11t:Illy of IllIlll�oyntoin Il111311?4!r�::: m aird I ecn!a„f nnIIrr�7q;mc� I Ice Li61, 1290 Total Permanent Avg. Permanent Permanent Seasonal and Seasonal Total Population per Year Population Population Population Dwelling Units Dwelling Unit [A] [Bl =[A]/[B] 2022 [1] 81,873 8,024 89,897 33,943 2.41 2025 83,614 8,194 91,808 34,665 2.41 2030 87,549 8,580 96,129 36,296 2.41 2032 88,578 8,681 97,259 36,723 2.41 2035 90,144 8,834 98,978 37,372 2.41 2040 92,380 9,053 101,433 38,299 2.41 2045 94,207 9,232 103,439 39,057 2.41 2050 96,038 9,412 105,450 39,816 2.41 [1] Future population estimates shown based on a review of historical population growth as obtained from the U.S. Census Bureau and discussions with City staff. To the extent the projection of future development materially changes, it would then be appropriate for the City to re-evaluate the impact fees developed in this report. (Remainder of page intentionally left blank) 11t:Illy of IllIlll�oyntoin Il111311?4!r�::: m aird I ecn!a„f nnIIrr�7q;mc� I Ice Li61, 1290 In order to develop recreational impact fees based on the type of residential properties to estimate the impact on recreational facilities, Raftelis evaluated the existing residential units within the City. Based on the historical relationships of persons per dwelling unit for single-family and multi -family property types used in the existing fees as well as revised population and unit data from the Census Bureau an estimate of persons per unit was developed and is shown below. Single-family, Attached or Detached Persons per Household — 2.63 r Dwellings in Buildings Containing Two (2) to Four (4) Units — 2.36 r Multi -Family (Dwellings Containing Five [5] or More Units) —1.97 (Remainder of page intentionally left blank) IlNttjhp of 1:,:11o, mm�toin Illy ,i!c:;:gym aird IRS c'i!afinn Ih�7pld I Ice Ui61, ;e a 1i,;rr'r ^,i1v f::!Ieaiogi'qp�hk_s' I 2,��, 1291 Page 1 of 1 Section 2 City of Boynton Beach, Florida Parks and Recreation Impact Fee Study List of Tables Table Description 2-1 Population Detail and Housing Elements 1292 Annual Line Average No. Fiscal Year Rate 1 2022 1.16% 2 2025 0.70% 3 2030 0.92% 3 2032 0.59% 4 2035 0.59% 5 2040 0.49% 6 2045 0.39% 7 2050 0.39% 8 Overall 2022 - 2050 0.57% Footnotes Page 1 of 1 Table 2-1 City of Boynton Beach, Florida Parks and Recreation Impact Fee Study Population Detail and Housing Elements Permanent Seasonal Total Total Avg. Permanent Population [1] Population [1] Population Units [2] Pop. per Unit [A] [B] =[A]/[B] 81,873 8,024 89,897 33,943 2.41 83,614 8,194 91,808 34,665 2.41 87,549 8,580 96,129 36,296 2.41 88,578 8,681 97,259 36,723 2.41 90,144 8,834 98,978 37,372 2.41 92,380 9,053 101,433 38,299 2.41 94,207 9,232 103,439 39,057 2.41 96,038 9,412 105,450 39,816 2.41 [1] Population Projections based on discussion and information provided by the City's Planning Department. [2] Estimates as obtained fi-om the Us Census Bureau and information provided by the City. 1293 SECTION 3 — PARKS AND RECREATION FACILITIES IMPACT 99 / 9 i ANALYSIS This section provides a discussion of the development and design of the proposed impact fee for Parks and Recreation services. Included in this section is a discussion of the City's adopted level of service (LOS) standards, recommended LOS changes based on the recently completed Parks System Master Plan, and related capital costs included as the basis for the fee determination, and the design of the fee to be applied to new growth within the City. ....m el 0.: iD N.. , St;,,In. ar.ills As outlined in the City's Comprehensive Plan and Parks System Master Plan, the City has adopted Level of Service (LOS) standards for recreational facilities and activities. With respect to open and developed space, the City has an adopted recreational open -space LOS standard of two and a half (2.50) acres per 1,000 residents. The City currently owns and maintains an inventory of parks and provides a level of service of approximately 3.90 acres per 1,000 residents, which exceeds its currently adopted standard of 2.50. However, as a result of the recently completed Parks System Master Plan the City has identified a proposed future community goal to increase its level of service to up to six (6.00) acres per 1,000 residents. For the purposes of the impact fee analysis, it has been assumed that the level of service will increase over the forecast to 4.00 acres per 1,000 as a part of achieving that goal. The fees in this report are therefore based on this 4.00 acres per 1,000 residents level of service standard. A summary of the City -owned and -operated parks (existing and under development) is summarized on Table 3-1. The City's current inventory includes 319.58 acres including neighborhood parks, community centers, greenways, conservations lands, and more. Table 3-2 provides a detailed listing of the City's current investment in the parks, including land, improvements, facilities, and equipment, which total approximately $42.2 million. The current surplus in terms of the acres the City owns compared to the level of service requirement for acres is shown below as follows: Estimated Population 2022 Existing Level Of Service Required Acres Current City Inventory Surplus/(Deficiency) 81,873 2.50 Acres per 1,000 Population 204.68 Acres 319.58 Acres 114.90 Acres It should also be noted that as the City's population grows over time and the level of service target increases the City has plans for the acquisition of additional land at multiple sites that will go towards maintaining and increasing the provided parks and recreation LOS throughout the forecast window through 2050. It is important to note though that the existing population should pay for its share of increasing the LOS and, therefore, the costs associated with increasing from the currently provided LOS of 3.9 acres per 1,000 residents to 4.0 acres per 1,000 residents have not been included in the fee proposed calculations. il ip 11:Iii rior`i 3 D,^IfR'w ,rciHq ,i , Ilt,;,1, e A��7� fl ,a , 13.r �� ni,� �� IIl�II6�:��rmm��m�:�ui� Illl��ii�r��r�;,�m l I r,rr°1� , ,�.ar�7x� I rd,�,°�,!,�fn�ri Il r'r�7q;,�r� B I :::Ice 1iA+:��+,✓ sei: 1294 In the determination of the fee, the historical costs of the existing assets and any grant funding for those assets were considered. The City's existing assets are categorized by type and are summarized below. Description Historical Cost Assets Included in Fee Calculation: Machinery and Equipment $340,305 Major Vehicles and Vehicle Related Equipment 118,681 Facilities and Other Major Capital Equipment 41,783,162 Subtotal $42,242,148 Assets Excluded From Fee Calculation: Machinery and Equipment/Major Vehicles ($458,986) Grant Funded Recreation Assets (1,214,250) Subtotal ($1,511,736) Total Existing Net Investment in Parks and Recreation $40,568,912 [1] Amounts as shown on Table 3-2. As shown above, of the $42,242,148 in recreational assets, $40,568,912 is included in the calculation of the impact fee. Capital ... II I:ove.I II I I j l il] I. In the determination of the fee, the following multiyear capital improvement plan was provided by the City and its recreation consultant for this project. Along with the City's existing investment in recreation assets this capital improvement plan is anticipated and designed to provide recreation services to the City's "buildout" dwelling unit level and achieve the enhancements to the identified level of service standards. The City's capital improvements were categorized into three main categories which are summarized below. Description City CIP Planned Near Term Projects Amount $15,450,566 Master Plan Public Land Acquisition Projects 11,830,000 Master Plan Development of New Parks and Recreation Facilities Projects 76,070,000 Subtotal $103,440,566 [1] Amounts as provided by City staff and are shown on Tables 3-3 and 3-4. The City's $15,450,566 in planned near term CIP projects were then reviewed and functionalized to estimate what portion of this planned future investment can be included in the fee calculation. Approximately $9.1 l:diily of Illilll�oyntoin Il111311?,i! c::h / I r,rrikmid I„rcn::, inri IIrr�7q;m 9 I :::Ice sel: ior1 3 e A�mtrly ,is, I 3 2 1295 million in renewal and replacement type projects were excluded from the fee calculation. The remaining includable planned future investment in these near-term projects was estimated at $6,399,000. The Public Land Acquisition projects shown above from the recently completed Parks System Master Plan were based on the acquisition of an additional 45.3 acres for a total cost of $11,830,000 or approximately $261,148 per acre. Using the previously described new level of service target of 4.0 acres per 1,000 residents and a 2050 permanent population of 96,038 would yield a total acreage requirement of 384.2 acres by 2050. Based on this LOS the City would currently require 327.5 acres of land (of which it already owns 319.58 acres). The additional acres needed over the current LOS amount of 327.5 would indicate a need for an additional 56.7 acres to be added over the forecast period. The additional investment required over the forecast period to meet this target using the estimated cost per acre of $261,148 would be an investment in land acquisition of $14,796,640, which is included in the fee calculation. The Development of New Parks and Recreation Facility projects shown above from the recently completed master plan were based on an estimated $72.9 million in future facility related investments through 2032 and the master plan's end goal level of service of 6.0 acres per 1,000 residents. As these project costs are assumed to benefit existing users and new development, we assumed that the $72.9 million in project costs through 2032 would be in support of all acres through 2032 (531.5 acres at 6.0 acres per 1,000 residents). This would imply facilities cost per acre of $137,186. Using the previously described lower near-term level of service target of 4.0 acres per 1,000 residents, a 2050 permanent population of 96,038, and a cost per acre of $137,186 would yield an adjusted total planned future investment of $52,700,350. Description Amount City CIP Planned Near Term Projects $6,399,000 Master Plan Land Acquisition Projects 14,796,640 Master Plan Development of New Parks Projects 52,700,351 Subtotal $73,895,991 Less: Estimated Grant Funding for Future Projects (11,900,750) Future Net Investment Included in Fee Calculation $61,995,241 [1] Amounts as provided by City staff and are shown on Tables 3-3 and 3-4. As can be seen above, the City anticipates spending $61,995,241 in order to further acquire and develop the parks and recreation facilities to provide the desired level of recreation services to the City after adjustments for grants and renewal and replacement (R&R) projects. 11111 0 Desi gn of1 �71C�. ., . :IVIII�f Facility D1 .. The method used to calculate the impact fee is a combination of the improvements -driven method, standards method, and buy -in method as the recoupment of a portion of existing investments available to serve new growth and the costs associated with adding additional capacity to serve the City's future recreation needs are 11t:Illy of IllIlll�oyntoin Il111311?,i!c::h / I r,rrik,,ra id I ,rcn::, inri IIrr�7q;m 9 I :::Ice �::diA6i, sei: Tori 3 D,^IfR'w I ,rciHq ,i es Ilmp t,;;� e A�mtrlyJs, I 3 3 1296 recognized. Table 3-4 at the end of this report summarizes the results of the impact fee calculation. The following is a brief description of the method used in this study: Development of Recoverable Assets — Based on the City's existing investment in recreation and park facilities, and the dwelling unit projections at "buildout," the total estimated cost of existing assets to serve residents is identified. r Development of Total Capital Need — Based on the City's estimated capital costs of developing future park facilities, and the dwelling unit projections, the total estimated cost to serve existing residents is developed. Development of Equivalent Impact Fee Units — This data which was provided by Staff in the form of the City's anticipated "buildout" dwelling unit capacity. These figures are used to develop a proposed fee per dwelling unit. Calculation of Cost per Dwelling Unit — Once the total capital costs allocable to future resident are determined, the impact fee unit per dwelling (residence) is calculated. This calculation represents the average cost of recreation facilities per dwelling person multiplied by the estimated persons per dwelling unit for the various classes of residential dwellings. IPAIRIKS AND RIECIREATIOIN F IIILIFTII 111MIPACT FEE ASSUMPTIONS In the development of the recreation impact fees, several assumptions were utilized. The major assumptions used in the development of the impact fees are as follows: The development of the cost for the recreation facilities impact fees was based on the City's current inventory of parks and recreational activities, the level of service standards for recreational facilities, and the City's estimated capital costs to develop future facilities and activities. As indicated in Table 3-4, the City has identified existing investment and planned future needs totaling $102,564,153, which includes an estimated credit for future grants and R&R projects, which reduced the burden by $11,900,750. The total needs were based primarily on actual investments and planned future investments to be made by the City, which should be recouped from future residential growth. No credits from other revenue sources have been identified for the purposes of this calculation, as it is assumed that other funding sources generated by future users will be utilized to provide for the necessary ongoing operating and repair / replacement costs required. (Remainder of page intentionally left blank) 11:Illy of IllIlll�oymm�toin Il111311?,i! c::h / I Imr , mid I:Rexi!::,, nnri IIrr�ip; is 9 I :::Ice 1iA+:��+,✓ sei:liori 3 D,^IfR ilip t,;;,1e A�mfly J s, I 4. 1297 Based on the above -referenced assumptions, the recreation impact fee as calculated in detail on Table 3-4 was developed as follows: Existing Net Investment in Parks and Recreation Facilities [1] Future Planned Investment in Parks and Recreation [2] Total Existing and Future Investment in Parks and Recreation Through 2050 Total Existing and Future Investment in Parks and Recreation Through 2050 Total City Permanent and Seasonal Population in 2050 [3] Total Costs to be Recovered per Person Total Costs to be Recovered per Person Estimated Persons per Dwelling Unit [4] Total Costs to be Recovered per Dwelling Unit Total Costs to be Recovered per Dwelling Unit (Rounded) Multi -Family Single-family 2-4 Units $40,568,912 61,995,241 $102,564,153 $102,564,153 105,450 $972.64 Multi -Family 5+ Units $972.64 $972.64 $972.64 2.63 2.36 1.97 $2,560.71 $2,299.11 $1,914.78 $2,560.00 $2,299.00 $1,914.00 [1] Existing investment amount shown based on Table 3-2. [2] Future investment amount shown based on Table 3-4. [3] Buildout population shown based on Table 2-1. [4] Amounts shown based on average population and housing unit data as obtained from the American Community Survey for 2021 from the U.S. Census Bureau. As shown above, the maximum supportable impact fees are $2,560.00, $2,299.00, and $1,914.00 per dwelling unit for single-family, dwellings in buildings containing two to four units, and multifamily (dwellings in buildings containing 5 or more units), respectively. Each of these fees are being increased by a percentage between 192.6% and 239.1%. The recent update to Section 168.31801 F.S. added the following subsection, which provides certain limitations of how municipalities can increase impact fees: (6) A local government, school district, or special district may increase an impact fee only as provided in this subsection. (a) An impact fee may be increased only pursuant to a plan for the imposition, collection, and use of the increased impactfees which complies with this section. (b) An increase to a current impact fee rate of not more than 25 percent of the current rate must be implemented in two equal annual increments beginning with the date on which the increased fee is adopted. (c) An increase to a current impact fee rate which exceeds 25 percent but is not more than 50 percent of the current rate must be implemented in four equal installments beginning with the date the increased fee is adopted. l:diily of Illilll�oyntm; in Il111311?,i!c::h / I::',irks,ra id IR,rcn::,rfnnri IIrr�7q;m 9 I :::Ice sei! Tori 3 O,^If'w ,rr egi1,i , Ilmp tc; A�mtrly,i , I 3 5 1298 (d) An impact fee increase may not exceed 50 percent of the current impact fee rate. (e) An impact fee may not be increased more than once every 4 years. (f) An impact fee may not be increased retroactively for a previous or current fiscal or calendar year. (g) A local government, school district, or special district may increase an impact fee rate beyond the phase- in limitations established under paragraph (b), paragraph (c), paragraph (d), or paragraph (e) by establishing the need for such increase in full compliance with the requirements ofsubsection (4), provided the following criteria are met: A demonstrated need study justifying any increase in excess of those authorized in paragraph (b), paragraph (c), paragraph (d), orparagraph (e) has been completed within the 12 months before the adoption of the impact fee increase and expressly demonstrates the extraordinary circumstances necessitating the need to exceed the phase-in limitation. 2. The local government jurisdiction has held not less than two publicly noticed workshops dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations set forth in paragraph (b), paragraph (c), paragraph (d), or paragraph (e). 3. The impactfee increase ordinance is approved by at least a two-thirds vote of the governing body. (h) This subsection operates retroactively to January 1, 2021. With the maximum supportable impact fee being significantly higher than the City's current fees due to the current investment and future significant planned investment in the Department as well, the projected new growth requiring future investment in recreation facilities to maintain its level of service, and the City's goal to enhance its level of service the City has decided to pursue a fee increase via the extraordinary circumstances provision of the statute. (Remainder of page intentionally left blank) 11:Illy of Ill1lll�aymm�toin Il111311?,i! c::h / I Imr mid I:Rexi!::,, nnri IIrr�ip; is 9 1iA6i, sei:liori 3 O,^IfR ilip t,;,1e A�mfly J s, I ' 1299 "lfl ,111rlC l .. f '' lI,.IIIII.Il�l'Ilf'°'l. In order to provide the City additional information about the proposed impact fees, a comparison of the proposed fees for the City and those charged by other jurisdictions was prepared. Table 3-5 at the end of this section summarizes the impact fees for recreational services charged by other communities with the proposed rates of the City. Please note that each community may establish a different LOS standard to meet its demographic needs for recreation facilities and activities. The City can anticipate variances between other communities. Parks and Recreation a.tion Innip act l^ee Cornparison. i,;,t.;kG7GA.CnC1 +Aq� SS«:rfi4:i. f>Cl , ww t, fit' - a 2 �" ��i " ON r� bra' 661 41. � Single Family o9her M oridaa Connnnnnnhies' <3ve rages ($22,7a8.73) (Remainder of page intentionally left blank) 11:Illy oIII Ill,111 anUsin Illi iii?q!r�!!h / k,rrk,m id rr°ip: i, t 1::::::e: e bwd, +j, ;; i:fltar`i 3 ^II' Ili7itr,d, e Ari, h ,i , I 7 1300 Page 1 of I City of Boynton Beach, Florida Parks and Recreation Impact Fee Study List of Tables Table Description 3-1 Inventory of City Parks and Recreational Facilities 3-2 Summary of Existing Investment in Parks and Recreation 3-3 Summary of Capital Projects to Improve and Expand Parks and Recreation Facilities 3-4 Design of Parks and Recreation Impact Fee 3-5 Parks and Recreation Impact Fee Comparison 1301 Table 3-2 City of Boynton Beach, Florida Parks and Recreation Impact Fee Study Summary of Existing Investment in Parks and Recreation Line Estimated Allocation to No. Description Costs [1] Existing Units Machinery and Equipment 1 General Equipment $340,305 0.0% 2 Major Vehicles and Vehicle Related Equipment 118,681 0.0% Facilities and Other Major Capital Equipment 3 Land, Building and Other Major Capital Equipment 4 Subtotal Other Capital Equipment and Facilities 5 Grants Funded / Contributed Assets 6 Total Adjusted Existing Capital Investment Page 1 of 1 Allocated Costs $0 0 41,783,162 100.0% 41,783,162 $42,242,148 98.9% $41,783,162 ($1,214,250) 100.0% ($1,214,250) $41,027,898 98.9% $40,568,912 1302 b 1303 ¢ E' a, r G. 10n. dc%a`v c E U c o= c a x ax r ro _c�_ ,a - ro 5 -aay. c. z zzzz ��c:��UUoamam� - �� mam . Q U W n x x x x E E ° i ° c ° c c b0 _ L 2:v _ - v. ti v. N U N U. s _ wrouwu 0'z��%wa°w"aw"cm"°cm�u�u�u�uUUcww �xxzxzxx"x=x=xxx_ _ 1303 b O wm i o E¢ E'd7 'v� �a 2 Q C� -�' � nam — Z -�h�� -.,v,�--�-i� 1304 ! { _ \\\\\\\\\ ib 2p:»7cszrzz; 1305 Table 3-4 City- of Boynton Reach, Florida Parks and Recreation Impact Fee Study Design of Parks and Recreation Impact Fee Line No. Page 1 of 1 1306 Existing and Proposed Future Investment in Parks and Recreation 1 Existing Net Investment in Parks and Recreation [1] $40,568,912 2 Other Grants and Contributions [3] 0 3 Total Net Existing Investment in Parks and Recreation $40,568,912 4 City Planned Capital Projects Through 2025 121 S6,399,000 Calculation of Investment Associated with Public Land Acquisition 5 Master Plan Projects - Public Land Acquisition (PLA) Projects $11,830,000 6 Additional Acreage Included in Master Plan PLA Projects Through 2032 45.3 7 Estimated Investment per Acre of Open Recreation Space $261,148 8 Near Term Target Level of Service 4.0 9 Projected Buildout (2050) Permanent Population [4] 96,038 to Target Acres Required by Buildout (2050) 384.2 11 Acreage Required for LOS of 4.0 Acres per 1,000 Population 327.5 12 Required Acreage to Maintain Level of Service Through Buildout (2050) 56.7 13 Estimated Inveshncntper Acre of Open Recreation Space $261,148 14 Required Acreage to Maintain Level of Setvice Through Buildout (2050) 56.7 t5 Level of Service Related Future Investment in Public Land Acquisitions $14,796,640 Calculation of Investment Associated with Development of New Parks and Recreation Facilities 16 Goal Level of Service Associated with Projects 6.0 t7 Projected 2032 Permanent Population [4] 88,578 18 Target Acres Required by 2032 531.5 t9 Master Plan Projects - Development of New Parks and Recreation Facilities [2] $72,910,000 20 Estimated Im-estment per Acre of Developed Recreation Facilities $137,186 21 Target Acres Required by Buildout (2050) 384.2 22 Estimated Investment per Acre of Developed Recreation Facilities $137,186 23 Level of Service Related Future Investment in Development of New Parks and Recreation Facilities $52,700,350 Summary of Total Existing and Future Planned Investment In Parks and Recreation Land and Facilities 24 Total Net Existing Investment in Parks and Recreation $40,568,912 25 City Planned Capital Projects Through 2025 [2] 6,399,000 26 Love] of Service Related Future Investment in Public Land Acquisitions 14,796,640 27 Master Plan Projects - Development of New Parks and Recreation Facilities [2] 52,700,350 28 Estimated Grant Funded MasterPlan Projects (11,900,750) 29 Total Estimated Existing and Future Net Investment in Parks and Recreation $102,564,153 30 Cost per Person Calculation 3 t Total Estimated Existing and Future Net Investment in Parks and Recreation 5102,564,153 32 Projected Buildout Permanent and Seasonal Population [4] 105,450 33 Cost per Person 5972.64 34 Impact Fee Calculations 35 Single -Family. Detached or Attached 36 Cost per Person 5972.64 37 Persons per Dwelling Unit [5] 2.63 38 Fee Per Dwelling Unit $2,560.71 39 Fee Per Dwelling Unit (Rounded) $2,560.00 40 Dwellings in Buildings Containing Two (2) to Four (4) Units 41 Cost per Person 5972.64 42 Persons per Dwelling Unit [5] 2.36 43 Fee Per Dwelling Unit $2,299.11 44 Fee Per Dwelling Unit (Rounded) $2,299.00 45 Multi -Family (Dwellings in Buildings Containing Five (5) or Moro Units) 46 Cost per Person S972.64 47 Persons per Dwelling Unit [5] 1.97 48 Fee Per Dwelling Unit $1,914.78 49 Fee Per Dwelling Unit (Rounded) $1,914.00 Footnotes [1] Amount derived from Table 3-2. [2] Amount derived from Table 3-3. [3] Amount based on information provided by City Staff. [4] Amount derived from Table 2-1. [5] Baaed on historical Census Bureau Data - American Community Survey 5 yeas averages b—d on population and occupancy averages. Page 1 of 1 1306 Table 3-5 City of Boynton Beach Parks and Recreation Impact Fee Study Recreation Impact Fee Comparison [11 Residential Line Single Multi -family No. Description Family 2 - 4 Units City of Boynton Beach 1 Existing Rate Per Unit 2 Proposed Rate Per Unit Page 1 of 1 Multi -family 5+ Units $875.00 $678.00 $678.00 $2,560.00 $2,299.00 $1,914.00 [3] The amount of the impact fee for a residential unit depends on the unit's size (sq. ft.). For the purpose of this comparison, it was assumed that a single family residence contains 2,000 - 3,599 square feet, and multi -family and mobile homes contain 1,400 - 1,999 square feet of floored space. [4] The amount of the impact fee for a residential unit depends on the unit's size (sq. ft.). For the purpose of this comparison, it was assumed that a single family residence contains 2,000 square feet, a multi -family residence contains 1,000 square feet, and a mobile home residence contains 1,500 square feet of floored space. [5] The amount of the impact fee is the fee for the community, park plus the average of the fee for all 3 sectors for the neighborhood parks. 1307 Other Florida Communities: 3 City of Boca Raton [3] $4,570.00 $4,000.00 $4,000.00 4 City of Oakland Park 1,875.00 1,875.00 1,875.00 5 City of Cooper City 1,280.00 1,280.00 1,280.00 6 City of Coral Gables 7,260.00 5,774.00 5,774.00 7 City of Dania Beach 1,825.00 1,364.00 1,364.00 8 Town of Davie 1,625.95 630.67 630.67 9 City of Deerfield Beach 1,528.00 1,030.00 1,030.00 10 City of Fort Lauderdale [4] 2,525.00 2,175.00 2,175.00 11 City of Hollywood [4] 2,525.00 2,175.00 2,175.00 12 City of Miami 6,818.00 5,998.00 5,998.00 13 City of Miramar, Florida 1,277.00 1,277.00 1,277.00 14 City of Palm Beach Gardens [4] 3,737.00 2,858.00 2,858.00 15 City of Pompano Beach [5] 1,682.00 1,125.00 1,125.00 16 Village of Royal Palm Beach [4] 1,994.00 1,636.00 1,636.00 17 City of Sunrise [2] 831.78 609.98 609.98 18 City of Wilton Manors 2,146.00 2,010.00 2,010.00 19 Other Florida Communities' Average $2,718.73 $2,238.60 $2,238.60 Footnotes: [1] This comparison only shows local park and recreation impact fees; it does not include park and recreation impact fees that might be charged by the county in which the municipality is located. [2] Amounts shown assume single family homes with three bedrooms, multi -family dwellings with two bedrooms, and mobile homes with two bedrooms. [3] The amount of the impact fee for a residential unit depends on the unit's size (sq. ft.). For the purpose of this comparison, it was assumed that a single family residence contains 2,000 - 3,599 square feet, and multi -family and mobile homes contain 1,400 - 1,999 square feet of floored space. [4] The amount of the impact fee for a residential unit depends on the unit's size (sq. ft.). For the purpose of this comparison, it was assumed that a single family residence contains 2,000 square feet, a multi -family residence contains 1,000 square feet, and a mobile home residence contains 1,500 square feet of floored space. [5] The amount of the impact fee is the fee for the community, park plus the average of the fee for all 3 sectors for the neighborhood parks. 1307 1308 8/31/2021 Statutes & Constitution :View Statutes : Online Sunshine Appendix A - Page 1 Select Year: 2021 v Go The 2021 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.31801 Impact fees; short title; intent; minimum requirements; audits; challenges.— (1) This section may be cited as the "Florida Impact Fee Act." (2) The Legislature finds that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth. The Legislature further finds that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction. Due to the growth of impact fee collections and local governments' reliance on impact fees, it is the intent of the Legislature to ensure that, when a county or municipality adopts an impact fee by ordinance or a special district adopts an impact fee by resolution, the governing authority complies with this section. (3) For purposes of this section, the term: (a) "Infrastructure" means a fixed capital expenditure or fixed capital outlay, excluding the cost of repairs or maintenance, associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of at least 5 years; related land acquisition, land improvement, design, engineering, and permitting costs; and other related construction costs required to bring the public facility into service. The term also includes a fire department vehicle, an emergency medical service vehicle, a sheriff's office vehicle, a police department vehicle, a school bus as defined in s. 1006.25, and the equipment necessary to outfit the vehicle or bus for its official use. For independent special fire control districts, the term includes new facilities as defined in s. 191.009(4). (b) "Public facilities" has the same meaning as in s enforcement facilities. 163.3164 and includes emergency medical, fire, and law (4) At a minimum, each local government that adopts and collects an impact fee by ordinance and each special district that adopts, collects, and administers an impact fee by resolution must: (a) Ensure that the calculation of the impact fee is based on the most recent and localized data. (b) Provide for accounting and reporting of impact fee collections and expenditures and account for the revenues and expenditures of such impact fee in a separate accounting fund. (c) Limit administrative charges for the collection of impact fees to actual costs. (d) Provide notice at least 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A local government is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. Unless the result is to reduce the total mitigation costs or impact fees imposed on an applicant, new or increased impact fees may not apply to current or pending permit applications submitted before the effective date of a new or increased impact fee. (e) Ensure that collection of the impact fee may not be required to occur earlier than the date of issuance of the building permit for the property that is subject to the fee. (f) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or commercial construction. (g) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the expenditures of the funds collected and the benefits accruing to the new residential or nonresidential 1309 www.Ieg. state.fl. us/statutes/i ndex.cfm?App_mod e=Display_Statute&U RL=0100-0199/0163/Sections/0163.31801. html 8/31/2021 Statutes & Constitution :View Statutes : Online Sunshine Appendix A - Page 2 construction. (h) Specifically earmark funds collected under the impact fee for use in acquiring, constructing, or improving capital facilities to benefit new users. (i) Ensure that revenues generated by the impact fee are not used, in whole or in part, to pay existing debt or for previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by the new residential or nonresidential construction. (5)(a) Notwithstanding any charter provision, comprehensive plan policy, ordinance, development order, development permit, or resolution, the local government or special district must credit against the collection of the impact fee any contribution, whether identified in a proportionate share agreement or other form of exaction, related to public facilities or infrastructure, including land dedication, site planning and design, or construction. Any contribution must be applied on a dollar -for -dollar basis at fair market value to reduce any impact fee collected for the general category or class of public facilities or infrastructure for which the contribution was made. (b) If a local government or special district does not charge and collect an impact fee for the general category or class of public facilities or infrastructure contributed, a credit may not be applied under paragraph (a). (6) A local government, school district, or special district may increase an impact fee only as provided in this subsection. (a) An impact fee may be increased only pursuant to a plan for the imposition, collection, and use of the increased impact fees which complies with this section. (b) An increase to a current impact fee rate of not more than 25 percent of the current rate must be implemented in two equal annual increments beginning with the date on which the increased fee is adopted. (c) An increase to a current impact fee rate which exceeds 25 percent but is not more than 50 percent of the current rate must be implemented in four equal installments beginning with the date the increased fee is adopted. (d) An impact fee increase may not exceed 50 percent of the current impact fee rate. (e) An impact fee may not be increased more than once every 4 years. (f) An impact fee may not be increased retroactively for a previous or current fiscal or calendar year. (g) A local government, school district, or special district may increase an impact fee rate beyond the phase-in limitations established under paragraph (b), paragraph (c), paragraph (d), or paragraph (e) by establishing the need for such increase in full compliance with the requirements of subsection (4), provided the following criteria are met: 1. A demonstrated -need study justifying any increase in excess of those authorized in paragraph (b), paragraph (c), paragraph (d), or paragraph (e) has been completed within the 12 months before the adoption of the impact fee increase and expressly demonstrates the extraordinary circumstances necessitating the need to exceed the phase-in limitations. 2. The local government jurisdiction has held not less than two publicly noticed workshops dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations set forth in paragraph (b), paragraph (c), paragraph (d), or paragraph (e). 3. The impact fee increase ordinance is approved by at least a two-thirds vote of the governing body. (h) This subsection operates retroactively to January 1, 2021. (7) If an impact fee is increased, the holder of any impact fee credits, whether such credits are granted under s. 163.3180, s. 380.06, or otherwise, which were in existence before the increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established. (8) A local government, school district, or special district must submit with its annual financial report required under s. 218.32 or its financial audit report required under s. 218.39 a separate affidavit signed by its chief financial officer or, if there is no chief financial officer, its executive officer attesting, to the best of his or her knowledge, that all impact fees were collected and expended by the local government, school district, or special district, or were collected and expended on its behalf, in full compliance with the spending period provision in the local ordinance or resolution, and that funds expended from each impact fee account were used only to acquire, construct, or improve specific infrastructure needs. 1310 www.Ieg. state.fl. us/statutes/i ndex.cfm?App_mod e=Display_Statute&U RL=0100-0199/0163/Sections/0163.31801. html 8/31/2021 Statutes & Constitution :View Statutes : Online Sunshine Appendix A - Page 3 (9) In any action challenging an impact fee or the government's failure to provide required dollar -for -dollar credits for the payment of impact fees as provided in s. 163.3180(6)(h)2.b., the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee or credit meets the requirements of state legal precedent and this section. The court may not use a deferential standard for the benefit of the government. (10) Impact fee credits are assignable and transferable at anytime after establishment from one development or parcel to any other that is within the same impact fee zone or impact fee district or that is within an adjoining impact fee zone or impact fee district within the same local government jurisdiction and which receives benefits from the improvement or contribution that generated the credits. This subsection applies to all impact fee credits regardless of whether the credits were established before or after June 4, 2021. (11) A county, municipality, or special district may provide an exception or waiver for an impact fee for the development or construction of housing that is affordable, as defined in s. 420.9071. If a county, municipality, or special district provides such an exception or waiver, it is not required to use any revenues to offset the impact. (12) This section does not apply to water and sewer connection fees. (13) In addition to the items that must be reported in the annual financial reports under s. 218.32, a local government, school district, or special district must report all of the following information on all impact fees charged: (a) The specific purpose of the impact fee, including the specific infrastructure needs to be met, including, but not limited to, transportation, parks, water, sewer, and schools. (b) The impact fee schedule policy describing the method of calculating impact fees, such as flat fees, tiered scales based on number of bedrooms, or tiered scales based on square footage. (c) The amount assessed for each purpose and for each type of dwelling. (d) The total amount of impact fees charged by type of dwelling. (e) Each exception and waiver provided for construction or development of housing that is affordable. History.—s. 9, ch. 2006-218; s. 1, ch. 2009-49; s. 5, ch. 2009-96; s. 5, ch. 2011-14; s. 1, ch. 2011-149; s. 1, ch. 2019-106; s. 5, ch. 2019- 165; s. 5, ch. 2020-27; s. 1, ch. 2020-58; ss. 1, 2, ch. 2021-63. Copyright © 1995-2021 The Florida Legislature • Privacy Statement • Contact Us 1311 www.Ieg. state.fl. us/statutes/i ndex.cfm?App_mod e=Display_Statute&U RL=0100-0199/0163/Sections/0163.31801. html 8 - ir9- cl o _ cG U U U j w z yy W C,,cc,,-•:J C^ V ZU YY 5 C C Z z C 0 W u U W J h Y Z d C J C Y a ✓: Z C a F IG -i v >' >' >>>>>>> � Q W`w cz o^cam uo oc c^c coc � Jcua c y w J ,"' >>> �.0 .0 �Y Y Y ,.L �Y Y �Y ^Y 5 5 ¢ ¢ ¢ . Y a Q O J a a a a a a a a a a a a a a a a a a a a a a a a a a Z W 4 Z Z Z Z Z Z Z Z Z Z Z z Z z Z z Z W C Q C Q F, Q Z Q C, Z Q j j V Q -j .W- •U,a. 6 [L J ,E�y",� C Q C v C Q C Q C QF C Q C Q CF Q C Q C Q C Q C F JF . 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C�i 0 0 0 r,,,C C:7 Cl 0 C• C)7 rC Cr t. C7 C) > C 0 0 r �� rra. 0 .� 41 1 C 4- 0 c! a) 0 Lai—) EN +� O }' > cn U •�U O c� U O U O . � a) 0O X N O +� N E N C6 cm N •— O C 4-0 cn > _0 +-1 O N E ca — — O �■■rcnN cn U ^�,•o-° cn C .� OU X cn U D-+� O N O � C }, O C6 E cn ca -0>� O o -_ a) M -0 E L- 0 0 a) C:) N,,Ula a% ail», OF E O E VI V V) // i ,^•• 4I �V E V V) // i `✓ O E V V �0�/� V/ CO C) .ui 0 N co O N 00 000 N � N O = o = d' V) Rt City Manager's Report 07/18/2023 Future agenda item review and discussion. Requested Action by Commission: City Commission to discuss list of future agenda items and provide direction and/or consensus to staff. 1337 iiMw_1 New Business 07/18/2023 Proposed Resolution No. R23-093- Lutheran Services of Florida (Head Start) Lease Extension. Requested Action by Commission: Approve and authorize the Mayor to execute the First Amendment to the Lease Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. extending the current lease twelve (12) additional months. Explanation of Request: On November 16, 2021, the City Commission Mayor to sign a new Lease Agreement betwe Services Florida, Inc. for property located at 909 approved resolution R21-156 authorizing the an the City of Boynton Beach and Lutheran NE 3rd Street. The current lease provided Lutheran Services Florida, Inc. eighteen (18) months to secure permits and funding for the proposed building, which is set to expire 7/31/2023. On December 16, 2022, Lutheran Services Florida, Inc. notified the City the construction costs for the proposed building had exceeded their budget projections and requested additional time to secure funding for the deficit and/or look at additional options. Staff recommends extending the lease allowing Lutheran Services Florida additional time to secure funding. If at the end of the twelve (12) months Lutheran Services Florida, Inc. is unsuccessful in securing funding staff recommends terminating the lease. How will this affect city programs or services? The Public Works compound, together with the building located at 909 NE 3rd Street, comprise a valuable and desirable redevelopment opportunity in the Heart of Boynton as outlined in the CRA Redevelopment Plan. Fiscal Impact: There is no fiscal impact to the City at this time. Attachments: R23-093 Approve_ First_Amendment_to_Lease_Agreement_with_Lutheran_Services_Florida_- _Reso. pdf First Amendment to Lease Agreement - LSF Lease Agreement Between City of Boynton Beach and Lutheran Services Florida, Inc. 1338 Letter to the city of Boynton Beach -LSF Site Plan and Architectural Drawings 1339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION R23-093 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND LUTHERAN SERVICES FLORIDA, INC. EXTENDING THE CURRENT LEASE TWELVE (12) ADDITIONAL MONTHS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 16, 2021, the City Commission approved resolution R21-156 authorizing the Mayor to sign a new Lease Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for property located at 909 NE 3rd Street; and WHEREAS, the current lease provides Lutheran Services Florida, Inc. eighteen (18) months to secure permits and funding and is set to expire July 31, 2023; and WHEREAS, on December 16, 2022, Lutheran Services Florida, Inc. notified the City the construction costs for the proposed building had exceeded their budget projections and requested additional time to secure funding for the deficit and/or look at additional options; and WHEREAS, Staff recommends extending the lease allowing Lutheran Services Florida additional time to secure funding; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the Mayor to sign the First Amendment to the Lease Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. extending the current lease twelve (12) additional months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission hereby approves and authorizes the Mayor to 32 sign the First Amendment to the Lease Agreement between the City of Boynton Beach and 33 Lutheran Services Florida, Inc. extending the current lease twelve (12) additional months. A S:\CA\RESO\Agreements\Approve First Amendment To Lease Agreement With Lutheran Services Florida - Reso.Doex 1340 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 copy of the Amendment to the Lease Agreement is attached hereto and incorporated herein by reference as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of July, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Approve First Amendment To Lease Agreement With Lutheran Services Florida - Reso.Doex 1341 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation ("Landlord") and the LUTHERAN SERVICES FLORIDA, INC., a Florida non-profit corporation ("Tenant") and shall be effective upon execution by the parties hereto. WITNESSETH: WHEREAS, on February 1, 2022, the Landlord entered into a Commercial Lease Agreement ("Original Lease") with Tenant for the leasehold premises legally described in the Original Lease having an address of 909 NE 3rd Street, Boynton Beach, Florida ("Premises"); and WHEREAS, the Lease is set to expire on July 31, 2023; and WHEREAS, the parties desire to enter into this First Amendment to Lease ("First Amendment") to provide for an extension of the term for an additional twelve (12) months from the expiration date of the Original Lease; and NOW THEREFORE, the parties hereto in consideration of the mutual covenants and promises contained herein agree as follows: 1. That the above referenced "WHEREAS" clauses shall be confirmed and ratified as if fully set forth herein. 2. The term of the Original Lease is hereby extended to July 31, 2024. 3. This Agreement may be terminated for convenience in whole or in part by the Landlord whenever for any reason the Landlord shall determine that such termination is in the best interest of the Landlord. The termination shall be effective thirty (30) days subsequent to delivery to the Tenant of a notice of termination. 4. Except as modified by this First Amendment, all terms, covenants, obligations and provisions of the Original Lease shall remain unaltered, shall continue in full force and effect, and are hereby ratified, approved and confirmed by the parties in every respect. If the terms and conditions set forth in this First Amendment shall directly conflict with any provision contained in the Original Lease, this First Amendment shall control. (00569000.1306-9001821 ) 1of2 1342 FIRST AMENDMENT TO LEASE AGREEMENT IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates set forth below. (00569000.1 306-9001821) LANDLORD: CITY OF BOYNTON BEACH Print Name: Ty Penserga Title: Mayor Date: TENANT: LUTHERAN SERVICES FLORIDA, INC., a Florida non-profit corporation By: I4tx vYf f�l'i 1�f�1 4i„Ifl>fl�0 x."Ilil� Print Name: Robert Bialas, EVP Date: Jun 26, 2023 2of2 1343 �wwi row 3909 IqE3rd Street, m��3oyr'itori Beach, u uw WW lIU a LeaseFlkAgreement wwW" �w IIIU Wes�H �N III BuI Final Audit Report 2023-06-26 Created: 2023-06-26 By: Lutheran Services Florida Inc- Contracts Dept (contracts@lsfnet.org) Status: Signed Transaction ID: CBJCHBCAABAAwH2PtGOnXDWHcuDgfoZQo1u4FEH-pY3p "8.1.23-7.31.24 909 NE 3rd Street, Boynton Beach, Florida Leas e Agreement West Palm Beach HS" History Document created by Lutheran Services Florida Inc- Contracts Dept (contracts@lsfnet.org) 2023-06-26 - 1:51:07 PM GMT Document emailed to bob. bialas@lsfnet.org for signature 2023-06-26 - 1:51:35 PM GMT Email viewed by bob.bialas@lsfnet.org 2023-06-26 - 1:53:41 PM GMT Signer bob. bialas@lsfnet.org entered name at signing as Robert Bialas 2023-06-26 - 1:55:28 PM GMT Document e-signed by Robert Bialas (bob. bialas@lsfnet.org) Signature Date: 2023-06-26 - 1:55:30 PM GMT - Time Source: server Agreement completed. 2023-06-26 - 1:55:30 PM GMT Tf jIpir vowere4 by Adobe Acrobat Sign 134 0 APPROVING2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AND AUTHORIZING THE MAYOR `• Y NEW LUTHERAN4 LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA, Y Y FOR PROPERTY LOCATED 1 « .N. PROVIDING DATE. 7 WHEREAS, on 7/6/21, the Cit w '� f • it w• • i* AI •r • 10 WHEREAS, the City and Palm Beach County entered into a ten year Lease Agreement 12 WHEREAS, Palm Beach County assigned the Original Lease to Lutheran Services WHEREAS, 15 desires to lease the Leased Premises of building to (6 Services Florida who desires to lease the Leased Premises from the City for the term, at ttz ill rental and upon the covenants,• provisions set f• • (9 WHEREAS, the * AI •. M • w** • •* ♦* 11 1 • •* ♦ .Mli • • * • Alt • • K. • • •. • `r • �!� '.w •. M RXIM-TIT-11=10 MR IMT. • f I • • • • S:\C"A\RE SO\AE„reernents\[.acase Agreement With I.arther'an Services Florida - to o.Docx 1345 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor to sign the Lease Agreement between the City of Boynton 29 Beach and Lutheran Services Florida, Inc. for property located at 909 NE 3d Street. A copy of 30 the Lease Agreement is attached hereto as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 16th day of November, 2021. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: 49 50 51 '11"VP110274-4 52 Ctal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) Mayor - Steven B. Grant Vice Mayor - Woodrow L. Hay Commissioner -Justin Katz Commissioner - Christina L. Romelus Commissioner - Ty Penserga VOTE S:\(�'AARESO\Agreeineiit.s\],case Agrecnicnt With Lutheran Services Florida ResoDoex 1346 COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement ("Lease Agreement") is made and effective this day of 2021, by and between CITY OF BOYNTON BEACH, 100 East Ocean Avenue, Boynton Beach, Florida 33435 ("Landlord") and LUTHERAN SERVICES FLORIDA, INC, a Florida, Non -Profit Corporation ("Tenant"), WITNESSETH: WHEREAS, Landlord is the owner of land and improvements commonly known and numbered as 909 N.E. 3`1 Street, Boynton Beach, Florida, as further described in Exhibit A attached hereto and incorporated herein ("Leased Premises"); and WHEREAS, Landlord and Palm Beach County entered into a ten year Lease Agreement dated February 7, 2012 (R2012-0242) for the use of the Leased Premises as defined herein ("Original Lease"); and WHEREAS, Palm Beach County assigned the Original Lease to the Tenant and the Landlord approved the Consent to Assignment and Amendment to Lease on April 15, 2014; and WHEREAS, Landlord desires to lease the Leased Premises of the building to Tenant and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. WIJEREAS, the Landlord and Tenant agree that the Original Lease and Consent to Assignment and Amendment. to Lease are hereby replaced by this Lease Agreement; and NOW THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: The term of the Lease shall be effective upon execution of this Lease by both Parties and shall continue for a period of eighteen (18) months ("Term"). This Lease may be extended for two additional ninety (90) day extensions, upon Mutual agreement of both Parties. 1 Rental. Tenant shall pay to Landlord during the Term, or any extensions thereof-, the rental fee of $1.00 per month. The payment of $1.00 shall be due in advance on or before the first day of each month during the lease term. Payment to be made to Landlord at Boynton Beach (,try, Hall, Finance Department, 100 1.11ast Ocean Avenue, Boynton Beach, FL 33435. 1= (0040493A 3(6-90MRN� 1347 Tenant shall use the Lease Premises to provide childhood education to children who otherwise might have been left behind via the head start and early head start program ("Programs") 4. Sublease and Assinment. This Lease is not, assignable and'Fenant may not sublease the Leased Premises 0 During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises except those which are the responsibility of Landlord. Landlord is responsible for Fencing, Parking Lot, Potable Water and Sanitary Sewer Systems, Garbage and Trash Removal, Telephone and Cable Wiring, and Hurricane Shutters, Notwithstanding anything contained herein to the contrary, Landlord shall have access to the Leased Premises when Landlord, in its sole discretion, determines that it is time to install the hurricane shutters. Landlord will endeavor to provide Tenant with reasonable notice of the installation schedule so that Tenant can prepare to cease its operations on the Leased Premises, Tenant acknowledges that Landlord's installation of the hurricane shutters may occur up to 48 hours, prior to the anticipated arrival of as hurricane and that Landlord may not have use of the Leased Premises while the shutters are in place. 6. AUerations and Improvements. Tenant, at Tenant's expense, shall have the right following l-andlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are rnade in a workmanlike Manner and utilizing good quality materials. Tenant shall have the right, to place and install personal property, specialty lighting, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. 7. Property Taxes. AAlthough the parties anticipate that the property will not be subject to real property taxes, in the event real property taxes are assessed, Tenant shall pay to Landlord a proportionate share of the real property taxes, if any, based on the ratio of the square footage of the Lease Premises to the total square footage of the property, 13. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises, if applicable, 8. Insurance. Tenant shall maintain, at its sole expense, in full force and effect at all times during the life of this Lease or the pertbrmance of work hereunder, insurance limits, coverages or endorsements (00465493, p 306 900 82 h � 1348 required herein. Tenant hereby agrees the requirements contained herein, as well as Landlord's review or acceptance of insurance, is not intended to and shall not in any mariner limit nor qualify Tenant's liabilities and obligations under this Lease Agreement, A. Tertant, shall maintain: Commercial General Liability with limits of liability not less than $1,000,000 Each Occurrence including coverage for, but not limited to, Premises/Operations, Products/Completed Operations, Conti -actual Liability, Personal/Advertising Injury and Cross Liability; Fire Legal liability with a limit not less than $ 100,000; and Medical Payments (when available) with a limit not less than $5,000. "Tenant shall ensure such coverage is provided on a primary basis. B� Tenant shall maintain Business Automobile Liability with limits of liability not less than $500,000 Each Occurrence for owned, non -owned, and hired automobiles, In the event Tenant has no owned automobiles, this requirement shall be to maintain only Hired & Non -Owned Auto Liability. This amended coverage may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Liability. Tenant shall ensure such coverage is provided on a primary basis, C. Tenant shall maintain Workers' Compensation & Employers Liability in accordance with Chapter 440 Florida Statutes and applicable Federal Acts. Tenant shall ensure such covet -age is provided on a primary basis, DTenant shall at all times during the Term hereof, and at its sole cost and expense, maintain in full force and effect policies of insurance covering all Alterations to the Premises made by or on behalf of Tenant as well as Tenant's fixtures, inventory and equipment located on the Premises, in air amount not less than one hundred percent (100%) of its full replacement cost, providing protection with "All -Perils" coverage as provided by, the "Special -Cause of I - oss, Form"" together with, but not limited to, insurance against wind arid hail, sprinkler leakage damage, vandalism, theft and malicious mischief' The proceeds of such insurance, so long as this Lease remains in effect, shall be used to repair or replace the Prenrises, Alterations, fixtures, inventory and equipment so insured. All property, including without limitation, stock, inventory, fixtures and equipment belonging to 'Tenant or any occupant of the Premises- shall be there at the risk of 'Tenant or such other person only, and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. Additionally, the Tenant shall maintain Business Interruption with Extra Expense insurance providing coverage for loss of net income and all continuing expenses at a minimum limit appropriate to cover the maximum period of restoration or interruption of the Tenant. Tenant shall deliver to the Landlord certificates of such fire insurance policies which shall contain a clause requiring the insurer to give the Landlord thirty (30) days prior notice of cancellation of such policies. E. Tenant shall not keep, use, sell or offer for sale in or upon the Premises any article which may be prohibited by any condition, provision, limitation, or Special - Cause of Loss Form of the Fire and Allied Lines insurance policy. Tenant, shall pay ally increase in premiums for Fire and Allied Lines coverage insurance that may be charged during the "Term of this Lease on the arnount of such insurance which may be carried by Landlord or) the Premises or the Premises resulting from the type of merchandise sold or rented by Tenant in the Premises or resulting from Tenant's rise of the Premises, whether or not Landlord has consented to the same. Tenant shall mzm�� 1349 promptly make, at Tenant's cost and expense, all repairs, alterations, changes and/or improvements to Tenant's fixtures and equipment in the Premises required by the company issuing Landlord's fire and allied lines insurance so as to avoid the cancellation of, or the increase in premiums on said insurance, F'. Tenant shall cause each liability insurance policy required to be maintained by Tenant to be endorsed to add the 1,andlord as all Additional Insured on, except for Workers' C,ompensation and Business Auto Liability, The CG 2011 Additional Insured - Managers or Lessors of Premises or CG 2026 Additional Insured - Designated Person or Organization endorsements, or their equivalent, shall be used to endorse the Commercial General Liability policy. The standard Additional Insured endorsement offered by the insurer shall be used to endorse the other policies, when required. Tenant shall ensure the Additional Insured endorsements provide coverage oil a primary basis. The Additional Insured endorsement shall read "City of Boynton Beach, a municipal corporation organized and operating pursuant to tile laws of the State of Florida, its Officers Employees and Agents", 100 E Ocean Avenue Boynton Beach, FI, 33425. G, Tenant shall provide the Landlord with a certificate of insurance evidencing limits, coverages and endorsements required herein. The certificate of' insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non- renewal of coverage. In the event coverage is cancelled or riot renewed during the life of this Lease, Tenant shall furnish thirty (30) days prior to, but ill no case later than the expiration of such insurance, a new certificate of insurance evidencing replacement coverage. Should Tenant fail to maintain the insurance required herein, the Landlord shall have the right, but not the obligation, to purchase or maintain said insurance, and Tenant shall promptly pay as Additional Rent, upon demand ftom Landlord, all premiums and expenses incurred by Landlord. H. Tenant hereby agrees to a Waiver of Subrogation for each required policy. When required by the insurer or should a policy condition not allow a pre -loss Lease to waive subrogation without an endorsement, Tenant shall notify its insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent, This Waiver of Subrogation requirellient shall not, apply to any policy, which includes a condition prohibiting such an endorsement, or voiding coverage should Tenant enter into such a Lease oil a pre -loss basis, I. Tenant shall not keep, use, sell or offer for sale in or upon the Premises any article which may be prohibited by any condition, provision or limitation of the property, flood, or wind insurance policies, Tenant shall be responsible for all premiums, including increases, for all insurance policies required by this Lease, All property, flood or windstorm insurance proceeds as a result of a loss shall be made available for use to promptly replace, repair or rebuild the buildings, betterments and improvements, including those made by or oil behalf` cif. Tenant, in order to enSffe� a replacement cost settlement and avoid policy cancellation. j, Tenant shall be fully and solely responsible f`6r any deductible, coinsurance penalty, or self-insured retention; including any losses, damages, or expenses not covered due to an exhaustion of limits or failure to comply with the policy terms, K. Tile Landlord's Risk Management shall have the right, but not the obligation, to review, adjust, reject or accept insurance policies, limits, coverages, or endorsements ,00465A93A 306-9(M&21� 1350 throughout the life of this Lease. The Landlord reserves the right, but not tile obligation, to review and reject any insurer providing coverage because of poor financial condition or by way of illegal operation, The City shall provide Tenant written notice of such action and Tenant shall agree to cure or comply with such action within thirty (30) days receipt thereof. L. Tile limits, coverages or endorsements identified herein primarily transfer risk and minimize liability for the Landlord, and Tenant agrees not to rely upon such requirements when assessing risk or determining appropriate types or limits of coverage to protect Tenant against any loss exposures, whether as a result of this Lease or otherwise, M. Excluding Landlord or its affiliates, when Tenant permits or schedules the use of the Premises for a special event or outside personS/gl-O LIPS, Tenant shall require tile special event or outside person/group to maintain Commercial General Liability, as described this Section with limits of liability not less than $1,000,000, Tenant shall ensure that Landlord and Tenant are named as Additional Insured under such policy, as described herein. Tenant shall obtain and, when requested by the Landlord, furnish copies of certificates of insurance evidencing such coverage for the special event or outside person/group, 9. Utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease. In tile event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount, due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's sole discretion is deemed too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11.M Ent MU J00465493 1 306-900tX21 } 1351 Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided L,andlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises, I During the term of this Lease, Tenant shall have the use of the automobile parking area, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. 13. Damage and Destruchon, If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural detects that the same cannot be used for Tenant's purposes, this Lease shall be deemed terminated as of the date of such damage. 14. Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term ofthis Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant, default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages, 15. Ouiet Possession. I.Andlord covenants and warrants that, upon performance by Tenant. of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease, 16. Condemnation. If any legally, constituted authority condemns the Building or such pail thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account f*c)r rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall Dave any rights in or to any award made to the other by the condemning authority. 17. Notice. r(990493.1 306-900M�� 1352 Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: Landlord to: City of Boynton Beach Attn: City Manager 100 East Ocean Avenue Boynton Beach, FL 33435 Teti ant to: Lutheran Services Florida, Inc. 3627 West Waters Avenue Tampa, Florida 33614 Landlord and Tenant shall each have the right from time to time to change the place notice is to Ire given under this paragraph by written notice thereofto the other patty, 18, Brokers, Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. No waiver of any default of Landlord or Tenant hereunder shall be implied from ally omission to take any action on account of such default il'such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 20. Indemnification, Tenant shall indemnify, defend and save harmless the Landlord from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease Agreement for any personal injury, loss of life, and/or damage to property sustained in or about the Premises by reason, during, or as a result of the use and occupancy of the Leased Premises by the Tenant, its agents, employees, licensees, invitees, any subtenant and the general public, and from and against any, orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, reasonable attorney's fees, expenses and liabilities incurred in and about the defense of any such claim at trial or on appeal. In the event Landlord shall be made a party to any litigation commenced against Tenant or by Tenant against any third patty, then Tenant shall protect and hold Landlord harmless and pay all costs and reasonable attorney's fees incurred by Landlord in connection with such litigation, and any, appeals thereof. Tenant recognizes the ( (XA65493 . 1 30h 900 B 82) i 1353 broad nature of this indemnification provision and specifically acknowledges that Landlord would not have entered into this Lease Agreement without Tenant's agreement to indemnify Landlord and further acknowledges the receipt of good and valuable separate consideration provided by Landlord in support hereof in accordance with the laws of the State ofFlorida, ']"his provision shall survive expiration or termination of this Lease Agreement. 21. Heading, The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 22. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives and successors. 23, Performance. If' there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing ftorn Tenant to Landlord specifying the default, Tenant inay, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at, a rate equal to the lessor of twelve percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement,, Landlord shall pay the Unreimbursed balance plus accrued interest to Tenant on demand. 24. Compliance with Law. 'Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises, 25. Tenant's Covenants. Tenant covenants that it is a 501(c)(3) entity and that it will maintain that status during the term of this lease. On written request from the landlord, Tenant will promptly provide proof' of and execute affidavits attesting to that status. 26, Final Agreement. This Agreement tenninates and supersedes all prior understandings or agreements on the subject matter hereof "This Agreement may be modified only by a further writing that is duly executed by both parties. {00465493.1306k 9001921p 1354 27. Governin, Law and Venue. This Agreement shall be govemed, construed and interpreted by, through and under the Laws of the State offlorida. In the event of court, action to enforce this lease, venue will be in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have executed this Lease as of` the day and year first above written. CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Cr ytal Gibson, MMC, City Clerk Approved as to Form: Steven Grant, Mayor (SEAL) Office of the City Attorney STATE OF FLORIDA )SS: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of,..___ . . ........ ___ 2021, by Steven Grant, as Mayor of the City of Boynton Beach, for the City of Boynton Beach, who ( ) are personally known to me or have produced Florida driver's licenses as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public JO(M65493 1 306..+9001821$ 1355 LUTHERAN SERVICS F1,ORIDA, INC., a Florida" n f'44 r -pfit c�)rporation By: Print Name: Robert Bialas Title: EVP (CORPORATE SEAL,) STATE OF F1,ORIDA The foregoing instrument was acknowledged before me this --.... day of 2021, by..._._..w_.ww_...._...._....._.....__.___as of 1.utheran Services Florida, Inc., a Florida not-for-profit corporation, who is personally known to me or ( )Inas produced a Florida driver's license as identification, on behalf Of Lutheran Services Florida, Inc. My commission Expires: Notary Public, State of Florida Printed Name of Notary Public y0046$493.1 30&9001R21p 1356 EXHIBIT A LEASED PREMISES ,00465491A W&900M� � 1357 Re: Boynton Beach Building Project Location: 1001 N. Railroad Ave. Municipality: Boynton Beach, FL 33435 Parcel Number: 084345-21-18-000-1510: 084345-21-18-000-1540 Subdivision: Arden Park Our Head Start program has been working tirelessly with collaborative teams and stakeholders to ensure that all the required items and steps are properly taken to aid in the construction of the new building on the vacant lot. Since purchasing the land, some of these steps have included: • Hiring an architectural firm to create the site and floor plans; provide estimated project cost; • Conducting the preliminary due diligence on the property; (i.e., Phase I Environmental, appraisal, etc.); • Hiring a Real Estate agent to confirm that there were no comparable facilities for lease or sale within the designated area; • Having weekly meetings and discussions relative to the 1303 application for the project; and • Working with modular manufacturers in an effort to reduce purchasing costs. When we initially presented the proposal to construct the building on the newly acquired vacant land, it was based on the actual price given to us at that time but, as you are aware, the prices for building materials have tripled since Covid-19. As a result, this has rendered us with insufficient funds to continue the project. Construction of this facility is critical to many children and families in the area, particularly at a time when rising rent, gas prices, food, energy costs, and basic essential needs continue to affect many families due to inflation. These issues are especially troubling for the families we serve within the Boynton Beach community, many of whom already live below the poverty threshold, where small emergencies become full blown financial crises. In Palm Beach County, alarmingly, over 18,000 children under the age of 5 are eligible for Head Start, demonstrating a real need to provide children and families with support. Overall, we continue to make a difference every day in the lives of our children and families and aim to truly live up to our mission of having children "Ready for School, Prepared for Life." Attached, is a list of supporting documents detailing our efforts, along with invoices. Should you have any questions or concerns, please do not hesitate to reach out to me. M -.M Dr, Julian Serrano Head Start/Early Head Start Director Lutheran Services Florida, Inc, 3627 West Waters Avenue Tampa, FL 33614 Main Telephone: (813) 875-1408 Main Fax: (813) 875-1302 www.LSFnet.org 1358 ` 6 0-11 11 Location Arkiress 1001 N RAU-ROAD AVE Municipality BOYNTON BEACH Parcel Control Nurnber 0$-43-45-21-18-000-1510 Subdivision ARDEN PARK ADD Official Records 1r 31365 Page530 Sark Date APR -2020 Legal Description ARDEN PARK LT 151 & E 1/2 OF 10.30 FT ASND PT OF ALLEY LYG W OF & ADJ TO Mailing address 710 N FEDERAL HWY BOYNTON BEACH CRA _ BOYNTON BEACH FL 33435 3910 Sales Date Price O e Sale T�pe Owner APR -2020 $75,000 31365100530 WARRANTY DEED BOYNTON BEACH CRA APR -2015 $50,000 27945 / 01382 WARRANTY DEED SPENCE MARCUS NOV-2014 $0 27164 / 00169 SUMMARY ORDER BROWN VVI~RENDA JUN -2005 $0 18831 / 00536 SUMMARY ORDER FREDERICK. RAMONA R ExenVfion Appficant/Ovvner Year Detail BOYNTON BEACH CRA 2021 FLJIL- CRN'S AND DDNS .. ...... ..... talSquare Nwriber of Units 1 *To Feet 0 Acres 0.1636 1000 - VACANT C2 - C2 NEIGHBORHOOD Use Code COMMERCIAL ZoningCOMMERCIAL(08-BOYNTON BEACH) Tax Year 2020 2019 2018 Inprovernent Val $22,699 $23,041 $20,378 Land Val $49,875 $44,599 $43,294 'Fatal Market Val $72,574 $67,640 $63,672' All values are as of Jarn.riry 1 st each year Tax Year 2020 2419 2018. Assessed Value $72,574 $67,640 $63,672 Exemption Amount $0 $0 $0 Taxable Val $72,574 $67,640 $63,672 ...... Ta Year 2020 201,E _ 2018 Ad Valorem $1,553 $1,462 $1,341 Non Ad Valorem $293 $295 $295 Total tax $1,846 $1,757 $1,636 1359 1360 0 2 a :711, Mi I Location Address NE3RD ST 1tTtmic4'm§tY BOYNTON BEACH Parcel Control Number 08-43-45-21-18-000-1540 Suirdivision ARDEN PARK ADD Official Records Book 30547 Page232 Sale Date APR -2019 ARDEN PARK LTS 154 THRU 156, W 1/2 OF 10.30 FT Legal Description ABND ALLEY LYG E OF & ADJ TO & ELY 18.87 FT TRGLR PAR OF 50 FT ASND PT OF NE 3RD ST IN OR30968P774 LYG W OF & ADI TO Mailing address Owners, BOYNTON BEACH CRA 710 N FEDERAL HWY BOYNTON BEACH Fl, 33435 3910 Sales Date Price OR Book,41,age Sale Type 0mwr APR -2019 $10 30547 / 00232 QUITCLAIM BOYNTON BEACH CRA OCT -2003 $60,000 16142 / 01815 WARRANTY DEED BOYNTON BEACH CITY OF OCT -2003 $10 16142/01812 QUITCLAIM COOPER PINKIE A DEC -1987 $100 05704 /01456 QUIT CLAIM JAN -1978 $3,000 03032 / 01126 12 Exernpt"air Applicant/Omwr Year Detail BOYNTON BEACH CRA 2021 FLJLL- CRA!S AND DDA:S Numberof Units 0 Irotal Square 0 Acres 0.5623 Feet 1000 - VACANT C2 - C2 NEIGHBORHOOD Use Code COMMERCIAL Zoning COMMERCIAL (08-BOYNTON BEACH) Tax Year 2020 2019 2018 Irmpnwernetit Value $0 $o $0 Land Value $171,458 $49,881 $48,419 Total Market Value $171,458 $49,881 $48,419 1361 AD valties, are as ofJamary 1st each year Tax Year 2020 2019 2018 Assessed Value $171,458 $49,881 $48,419 Exerription Anwunt $171,458 $49,881 $48,419 'Taxable Value so $0 $0 Tax Year 2020 2019 2018 Ad Val orein $0 $0 $0 Non Ad Valorem $0 $0 $0 Total tax $0 $0 $o 1361 The Project Team Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP No: 2021-032 rr%oi// r r ,r rilla, %� / r�ioa�iarair rr i� Architectural Drawings nt n Beach J //i /i /fir /r ,�, orr I Lutheran Services of Florida Request For Pi-c °pos l ' (RFP) for Architectural, Drawings for a'New Building in Boyr ori Beach LSF RFPO 2021-032 ALEXIs KNirmFITARCHITECTS Sustainable Design + Innovative Solutions m Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 AN,Nii W GANrqot# p,o"3W,VVWPPIM9ftCkFL334Z10 W -=I "ILOCATEb AT- WWOxbxxDm TI* (661) 33&M 0 NE STH ST STE 102 serving you BOYNTON OFACH. FL 33435 ........... ALEXIS KNIGHT ARCHITECT 04C LBTR Number- 20148196 ALE= KNIGHT ARCHITECT INC EXPIRES: SEPTEMBER 30, 2022 100 NE M ST STE 102 BOYNTON BEACH FL 334n4iee This, wonw 0" VdAsp OIWVmgwa in or mwoong mv businm waftnim w amas*p W" 111110"Clkln OW MUST be obeft*=mly =*:I* oft* of bw*wm and In such a be ow to the V** of the putt, ALEXIS KNIGHT ARc#.41TECT8 100 NE 611 Street, Suite 102 Boynton Beach, FWda 33435 561 374 9242 1364 0 ANiye W GAlYI40N p 0,,&W3353, Wag palm Sege%, FL 334U2-= WW*VbtW=Mtots "LO"IMAT" (*1)366,22$4 1;rr'-;kj wvom 04o"i 0.'Vxdx1* 100 NE 6TH ST STE 102 serving yott. BOYNTON BEACH, FL 33435 ralt of strimml; I Tecon"Allipm I ftLk 0 2&WQ &ACKma musmu I I This doaarmt Is Vald only o* an reamow oy m i"oomdws cimm� STATE OF FLORIDA PALM BEACH COUNTY 2021== LOCAL BUSINESS TAX RECEIPT LBTR Nun*er. 201140928 ALFAS KNIGHT ARCHITECT WC ALDUS KNIGHT ARCHITECT 114C EXPIRES: SEPMBER 30,2M 100 WE 8TH ST STE 102 This BOYNTON 13EACH FL M435-41% recow owts ft 9"Vfte of fine 41 W m*mqft er,Y bkwkm *1411*1 ft w4mcda" WW MUST to cmamagutly ftpWyed *1 Wo pass of bVWr%" WW j" sub m ITWIVW U ID be open ID the "m of ft plc. ALEXIS KNIGHT ARc#.41TECT8 100 NE 611 Street, Suite 102 Boynton Beach, FWda 33435 561 374 9242 1364 ALT IS KNIGHTARCHITECTB Sustainable Design * Innovative Solutions Section i K Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a Now Building in Boynton Beach LSF RFP NO: 2021-032 Business and Other Professional Licenses ffE:J THE 8MRATION DATE"' .... MRIUAKY 28, 2`023 AKva" vwffy licenses online at WlorWUoensecom Do not alter this document In any form. This is your license. It is unW&I for anVone other than the licensee to use this document ALEXIS Kt,4it3H-rAjqcHjTe:cT9 100 NE 61h Street Suite 102 Boynton Beach, Florida 33435 561 374 9242 a 1365 Palm Beach Head Start 1303 Financial Breakdown Associated Cost of Project as of 5/18/22 Fundina Sources Funding Amount End Date Federal Diaster Assistance Grant $ 121,000 11/30/2022 Federal American Rescue Plan (ARP) $ 953,000 3/31/2023 Bank Loan Grantee Share Foundation State & Local Gov't Other Sources ACF Shared Grant Funds Total Funding $ 1,074,000 Actual Costs of Proiect Description Amount City of Boynton Beach Record Property Deed/Pay Transfer Taxes $127.70 Jason Cory King Environmental Inspector $2,200 Michael V. J. Spaziani Appraiser for two lots $2,400 Alexis Knight Architects Project Development (Phase 1$66,250) $66,250 Alexis Knight Architects Project Development (Phase 11$96,000) $96,000 Total Cost of Project $166,977.70 Matching Funds (25%) $41,744.43 Last years appraisal - Rosier $272,000 Match $271,880.00 City gave property with an agreement of $10.00 purchase (one time) In 2021 property was appraised at $272,000, therfore, the Non -Federal Share portion is $271,880 Alexis Knight Architects Proposal says $5,000 Inkind for PI & P11 $10,000.00 1366 Note Pending Pending 1303 Approval Pending Pending City gave property for $10.00 Started 4/1/2022 12 $120.00 3/31/2023 Per Lisa G. email on 5/18/22 use GL 55175 for the Architect payments Preliminary services 7/29/21 for the land $5,000 charged to FY21-22 2300-2310-52510 1367 ALEXIS KNiraHTARCHITECTS Sustainable Design + Innovative Solutions July 20, 2021 Mr. Jean Rosier Operation Manager Head Start Palm Beach 3230 Commerce Place, Suite A West Palm Beach, FL 33407 Jean.rosiee .W�heto RE: Preliminary Site Design Services for Head Start of Boynton Beach Arden Park Lots 151, 954,155 and 156 NE 3N Street Boynton Beach, FL 33435 AKA No. 21.0057 Alexis Knight Archftect, Inc. (AKArchitects) is pleased to provide this proposal for pmfessional architectural Services. These services vAll kxkjdo those required to prepare the preliminary site development plan to accommodate the new Head Start of Boynton Beach, Waded NE aro SftK in Boynton Beach, Florida. Please review the enclosed ArchifechoW Swim Agreement iriclWing Aftwhnwg k- Scope of servkw, Attachment 9. PmfssshwW Fees, Attachment C. Shwdwd Hourly Rates and Attachment D. GarwW Condftf&w, N acceptable, sign and return this agreement Al(kchitects will begin this protect wkhin five (5) business days of receiving written acceptance and execution of this agreement aFW the %wipt of a $4,4N.00 *pAal payment for the preliminary site design services as described in this proposal. This written proposal will be valid for thirty (30) days from the date of this proposed agreement ALexie KNIGHT ARcjHjTEcTa 100 NE Ob Shot Sul* 102 8*ft 906A FL 33436 5613749242 1368 ALEXIs KNIGHTARC HITECTS Sustainable Design + Innovative Solutions Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 SectionI .................................... Section 2 .................................... Section 3 .................................... Section4 .................................... Section5 .................................... Letter of Transmittal File One — Documentation o Copy of Valid Business License o References File Two — Cost Proposal o Attachment A * Cost Breakdown and Hourly Rates * Scope of Services The Project Team Project Experience Project Understanding ALEXIS KNIGHTARcmITECTS 100 NE 611 Street, Suite 102 Boynton Beach, Fbdda 33435 561 374 9242 2 1369 ALEXI s KNIGHTARG HITECTS Sustainable Design + Innovative Solutions Sustainable Design + Innovative Solutions May 6, 2022 Dakota Wilkerson Procurement Manager Lutheran Services Florida Procurement Services 3627A Waters Avenue Tampa, FL 33614 Dako,ta-wilkinso.n@,Isfne..t.org RE: Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 Dear Dakota: Lutheran Services of Florida (LSF) is a non-profit organization dedicated to serving those most vulnerable members of our communities by providing life -changing human services to all people regardless of age, background, or belief system. We are dedicated to serving children and families, youth and teens, adults and elderly, refugees and immigrants through various programs ranging from substance abuse and mental health to education. Through our work, we help communities build healthier, happier, and hope -filled futures. LSF is seeking proposals from qualified professionals to provide architectural project development serives in anticipation of approval from the Office of Head Start for the new building on vacant land in Boynton Beach which will be located at NE 9th Street and NE 3rd Ave. Boynton Beach 33435. LSF will retain the services of an Architectural Team to aide with the plans of a new building which shall be used as a Head Start (HS) Center. Head Start is a federal program LSF provides in several high need areas throughout Boynton Beach, helping families whose children are greatly impacted by low-income, unemployment/low paying jobs, and single -parent households. It promotes school readiness of children, ages 0-5 years old, and holistically supports their cognitive, social, and emotional development. Alexis Knight Architects worked with the Lutheran Services Florida in a project development capacity in 2021. Working with the LSF project program, and in tandem with the LSF and Urban Design Land Planners, the architect Prepared a number of iterations of the building floor plan and the design of the site. A conceptual site and floor plan was completed for review by LSF and presentation to the City of Boynton Beach. In August of 2021, this project development site and floor plan was presented to the City of Boynton Beach Community Redevelopment Association Lutheran and was approved. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 1370 ALEXIs KNIGHTAFAC HITECTS Sustainable Design + Innovative Solutions Sustainable Design + Innovative Solutions Alexis Knight Architects (AKA) is therefore responding to this request and is willing to commit to providing highest level of service in delivering the children's daycare design Solutions, to best serve the LSF and their mission to serve the local community. Alexis Knight Architects (AKA) is an aggressive architectural firm located in Boynton Beach, Florida, With over thirty-seven years of national architectural design experience, Steven W. Knight R.A., A.I.A. owns and operates this architectural design firm and for the last 27 years Mr. Knight has provided services to a variety of Florida Clients. AKA has extensive knowledge in working with a variety of non-profit organizations throughout Palm Beach County, specifically those providing daycare, educational and other community use projects similar to the project defined in this proposal. • Lutheran Services of Florida — Boynton Beach (project development) Daycare Center • Community Partners, Inc • The Neighborhood Renaissance, Inc. • The Family Church — Jupiter Daycare Center • The Family Church — Sherbrooke Daycare Center • The YMCA of Palm Beach Country - Daycare and Senior Center — Village of Royal Palm Beach • J.D. Henderson Elementary Classroom Building — FAU Campus in Boca Raton Identification of the Project Team: Alexis Knight Architects, Inc Prime Contract Holder and the Architect of Record Urban Design Studio, Inc Land Planning Services Civil Design Inc ..... .................... .................................... Civil Engineering Duland Design Landscape Architecture ............................................. Landscape Architectural and Irrigation Pennoni Structural Engineers ........................................................................ Structural Engineering Formica & Associates, Inc .................................................................................... Mechanical HVAC Engineering Plumbing Engineering Fire Protection Engineering Electrical Engineering Sincerely, Alexis Knight Architects, Inc. 100 NE 611 Street, Suite 102 Boynton Beach, FL 334,15_-"-' Steven W. Knight\,�.A., A.I.A President and Prima&Persoi ALEXIS KNIGHT ARCHITECTS 100 NE 6th Strut, Suite 102 Boynton Beach, FL 33435 5613749242 4 1371 Architectural Service Agmewnt Attachment 8: Profealonal Few July 20, 2021 Preliminary Site Design Services for: HOW Start of Boynton Beach Arden Park Lots 151, 164,155 and 156 NE 30 Street Boynton Beach, Fl. 33435 AKA No. 21.8057 Charges for be* professional service performed by our firm for all services lis ed in the Basic scope of Services iml be made on the basis of a Lump Sum Fee of $6,000-00 for the services as defined below and gsWft QXDAVWM Ibr printing. Billings W be issued periodically as the work is com;*49d. Preliminary Site Plan Preparation Services Initial Payment $ 1,000-00 Due Diligence $ 500.00 Site Elan Preparation and Presentation to CRA $ 3M.00 Total $ 6,000.00 F�7r, r,;, 777 U7 M ,.. . 107T. UZI!,i 19,4 ij,l , hi0.4K#J ALMS Kmewr AncHiTecTs 100 NE 00 ShK Sulb 102 BWft Bee* FL 33436 5613749242 1372 Architectural Service Agreement Attachment C: Standard Hourly Rates July 20, 2021 Prelkninary Site Design Services for Head Start of Boynton Beach Arden Park Lots 151, 164, 156 and 156 NE 31d Street Boynton Beach, FL 33436 AKA No. 21.0057 ALEXIE3KNIGHT/ RCHITECTE3, INC w I r, I a -7 7-1: 7-171:77M: M7 Principal.............................. ................... ... . .... . . . . . ............ . . . . . . . .............. ....... $145.00 ArchiteftmlProject ManaW . ........... . . . .. . . . . . . . ........... . ................... . .... w....................$ 96.00 Architectural Des%W ............ . .............. ......... -$ 75A CARDTeftidan .................................... . ...... . .......... $ 65-00 Medwicall, Eleclrica►l and Fllw*N StructuralEngineering.......................................................................................-4120.00 Chaves for additional professional services performed by our firm for all services listed in the Scope of AddlfiwW Services defined this project will be made on the basis of an Hwidy Fee excluding expenses. 011ings WO be issued at WA mond* and will be based on the estimated percentage of the total scope of services that has been Atmas KNit3KTAxcwrccTs 100 NE ON Steel. SWb 102 0"*n Sao* FL WX 5613749242 1373 Architectural Service Agreement Attachment D — General Conditions July 20, 2021 Preliminary Site Design Services for: Head Start of Boynton Beach Arden Park Lots 151, 154,155 and 156 NE aro Stmt Boynton Beach, FL 33435 AKA No. 21.0057 1- WVOICES AND INITIAL PAYMENTS: The Initial Pamant make as dAfiwA in " wwaamam skj. m ,cur 9WMN NNAVAd with this niect, Chow for Services will be NW at least as frequently as mor", and'attike canptetion Of ft NotInvoices am dellNuft N Payment has not been received within 30 days from date of invoice. There will be an additional charge Of 1-1/2 POW# W month compounded on amounts outstanding more than 30 days. All time spent and expenm incurred (Including attorneys fees, Iee, associated with liens) In connection with collection Of any defiNuent amount Will be paid by CLIENT to ALEXIS KNIGHT ARCHITECTS Per ALEXIS KNIGHT ARCHITEM current fee Ww"es. Z TERMINATION: This Agreement may be terminated by either party upon (seven (7) day) wribn notice. Termination may be for good cause such as legal, unwallabirdy of adequate fhancing or major changes In the scope of services. The CLIENT may terminate for convenience wft thirty (30) days with written notice. In the event of any termination, ALEXJS KNIGHT ARCHITECTS will retain the initial payment and be paid for all services and expenses rendered to the dab of termination on a basis of payroll cost plus reftursablo expenses, Plus reasonable terminal lon expenses, including the cost of completing analyses, records, and reports necessary to document job status at the time ofterrnhation. 3. REUSE OF DOCUMENTS: AJ documents including drawings, specifications, and electronic media furnished by ALEXIS KNIGHT ARCHITECTS pursuant to this Agreement are Instruments of its services. They are not handed or represented to be suitable for rem by CLIENT or others on extienslons; of this M)j4 or on any Other pojed Copyright and ownership Of contract documents. Any creative 'architectural work" or *instruments of serv!W. Including conceptual drawings, woriting drawings, specifications, and any other documents develop by ALEXIS KNIGHT ARCHITECTS is protected under copyilght law. The CLEW may use the *architectural work` or Instruments of servioe" solely with respect to this Project or contracted Phase only. The client shall not use, copy or cause to have copied the "architectural worn" prepared for this Project On subsequent phases Or other sites without Proper compensation to the architect which, shall be based on a mutually agreed upon professional fee in addition to a written authorization from the architect. The drawings for this project shall become the property of the CLIENT. Any reuse without sPedk written verification or adaptation by ALEXIS KNIGHT ARCHITECTS will be at CLIENT'S sole risk and without liability to ALEXIS KNIGHT ARCHITECTS, and CLIENT shall indemnify and hold harmless ALEXIS KNIGHT ARCHITECTS from all claims, damages, losses and expenses including court costs and attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ALEXIS KNIGHT ARCHITECTS to further compensation at rates to be agreed upon by CLIENT and ALEXIS KNIGHT ARCHITECTS. ALExia KNIGHT/�ncmrmcTs 1001E 66 Shot &ft 102 B*dm Seuk FL 3" 561374 SW 1374 COPAIt and ownership of Contract documents. Any creative "architectural worst' or Instruments of service', including cMmPWW drawings, working drawings, specitcations and MY other documents develop by ALEXIS KNIGHT ARCHITECTS is protected urKW copyright law, The CLIENT may use the "architectural wOW Or "Instruments Of service' solely with respect to this, project or Contracted phase only. The CLIENT shall riot use, copy or cause to have copied the "architectural work' prepared lbr this project on subsequent phases or OOW Sh$ without proper compensation to the architect which. shall be based on a mutually agreed upon professional fee in addition to a written authorization from the architect. Once the project is complete and or ALEXIS KNIGHT ARCHITECTS has been paid in tun, ALEXIS KNIGHT ARCHITECTS will deliver a PDF version of the drawings. The fttUM&b of services, including the AutoCAD drawings, details original drawings shall remain the intellectual property of the Architect and at subconsuItents involved in the project 4. STANDARD OF CARE: Services Perkffned by ALEXIS KNIGHT ARCHITECTS under this Agreement will be con&xted in a manner consistent with that level of cam and sUl ordnarfly exercised by members of the profession currently practicing under sknW =XMIOM NO Odw representation expressed or implied, and no wxm* or quamb* is Included or intended In this Agreement or in any report opinion, and document or oIhw*jsa. ALMS! KNioHT AROMMECTO 1ODNE6*Sk*KSuite 1O2 BWMM Beach. FL 33436 561374 VA2 1375 ALEXIS KNIGHTARCHITECT13 Sustainable Design + innovative Solutions Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 Section I Mrs. Lynda Charles Vice President I Housing Services Community Partners of South Florida 2001 W Blue Heron Blvd Riviera Beach, FL 3340 Telephone N. 561 841 3500 ext. 1014 lcharles@co-cto.ora References Mr. Bryce Mallare Director of Projects Family Church 1101 S. Flagler Drive West Palm Beach, FL 33401 Telephone No. 937 572 9325 bma ll a ire i church ora g, 1376 lit `�� dd 1377 hp.z-ki PJA' a lab V l;o ityk 'a 91 1380 ,r//,... ...... Rik,... . ........ Date: 6/26/22 Microix PO # (if known): Requested by: Raylan Holman Vendor. Alexis Knight Architect, Inc. Fund: 2090 Program; 2389 - ARP Funding Vendor#: 30211 Microix Workflow ID (For Contracts): Palm Beach Facilities 71 . . .......... 0 a MI ONS Palm Beach County Cost Estimates to determine which direction to move forward with the new Boynton Beach Head Start building. $0.( $0.( Conventional Building Construction Type $0.( Written Basis of Design $ 4,800.00 55175 22-23 170 Boynton Beach 1 $4,800.00 $4,800.( Cost Estimating Services $23,5110.00 55175 22-23 170 B*Vrftn Beach 1 $131S00.0o $13,500.c $0-C Modular/Prefabricated Building Construction Type 55175 22-23 170 Boynton Beach $O.0 Written Basis of Design $ 2A00.00 55175 22-23 170 Boynton Beach 1 $2,800.00F - $2,800.0 Cost Estimating Services $11,500.00 $11,500.00 , _$11,500x $O,c $0.4 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 T— so.o Purchase Justification - REQUIRED (provide detail below): Am Beach County Cost Estimating: Phase I and Phase Of Services will be Implemented once we get approval from OHS. The cost estimating will allow us to make a better decision 3M the direction we would like to take as it relates to the new building In Boynton Beach. Supervisor approval III Applicable): Legal approval (if Applicable): Ywed 2114/2020 1381 ALEXIS KNIGHTARC HITECTS Sustainable Design + Innovative Solutions Sustainable Design + Innovative Solutions Architectural Service Agreement Attachment B: Professional Fees June 9, 2022 Lutheran Services of Florida Construction Cost Estimating Services New Building in Boynton Beach LSF RFP NO: 2021-032 0020��g wwdftft� Basis of Charges: Charges for basic professional services performed by our firm for all services listed in the SCOPE OF SERVICES will be made on the basis of a Lump Sum Fee shown below, excluding expenses for printing costs and any applications fees. Pion -m the original! Imoposal Project Development Services Programming Services (from the original proposal) $ 2,500.00 Conceptual Design Services from the original proposal) $12,500.00 Total $15,000.00 Now Services,.....—............... Cost Estimating Conventional Building Construction Type Written Basis of Design $ 4,800.00 Cost Estimating Services $13,500.00 Mod ulariPrefabricated Building Construction Type Written Basis of Design $ 2,800.00 Cost Estimating Services $11,500.00 From the original proposall ....... --- ........ _ Phase I Services Conceptual Architectural Design Services Land Planning Services Preliminary Civil Engineering Landscape Architecture and Irrigation Traffic Engineering Site Lighting and Photometric Engineering Site Approval Phase Services Included in the above Project Development Services $24,900.00 $ 3,200.00 $12,400.00 $ 1,750.00 $ 11500.00 $ 7,500.00 ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 5613749242 1382 Architectural Service Agreement July 20, 2021 Preliminary Site Design Services for Head Start of Baynton Beech Arden Park tats 151,154,155 and 156 NE 3fd Street Boynton Beach, FL 33435 AKA No. 21.0057 This proposal is hereby issued this 20th day of July, 2021 and shall become the agreement beirrNeen Mr. Jean Rosier, representing Head Start of Palm Beach., subsequently reieffed to as the " Mwt and Alexis Knight Archiitect, Inc. (AKArchitecxts), subsequently referred to as the "Architect.." By joining in this Agreement, the Client retains Alexis Knight Architects to pride professional services required to prepare the preliminary site development plan to accommodate the new Head Start of Boynton Beach, located NE 314 Street, in Boynton Beach, Florida, subsequ ndy referred to as'Project" By this Agreement, the scope of Alexis Knight Architects, services for this Project is limited to that described in Attachment A: Scope of Sevkss. Client agreas to compensate Alexis Knight Architects for providing the above services in the manner described in Attachment B. Protiassfanal Fees. Client agrees tb compensate Alexis Knight Architects for providing additional serhdces in the marcher described in Adachmerd C: Standard Mawwly Rates. Client agrees to compensate Alexis Knight Architects for providing additional services in the manner described in Attwhment D. General Conditions BY: Title: President Data: July 20, 2021 Client: Head Start of Boynton Beach BY: 100 NE 8b SWK Stine 102 BOYMM Such, R 334351 581374 rh242 1383 Phase I Environmental Site Assessment Coastal Air Assessments %EEO 1001 N Railroad Ave./ NE 3rd St Boynton Beach, FL 33435 3'1 Project Number: CAA -2201 1384 Friday, June 10, 2022 Justin Henry Luthem Services Florida, Inc 3627 W Waters Ave Tampa, FL 33614 RE: Phase I Environmental Site Assessment Vacant Lots 1001 N Railroad Ave., NE 3rd St Boynton Beach, FL 33435 Project Number: CAA -2201 Dear Justin Henry: Coastal Air Assessments is pleased to provide the results of the Phase I Environmental Site Assessment of the above referenced property. This assessment was performed in accordance with the scope and limitations of ASTM Practice E 1527-13, E 1527-21 and E 2600-15. This report and its contents are intended for the exclusive use of the entities named on the front cover and their affiliates. No other party shall have any right to rely on, use, or distribute any service provided by Coastal Air Assessments, without prior written consent. We appreciate the opportunity to provide environmental services. If you have any questions concerning this report, or require further assistance, please contact our office at 561-400-0929. Very Truly Yours, Coastal Air Assessments Inspectorde()S;'prey King Rev' er: Joseph Mkyons, EP/IH Coastal Air Assessments 401 N. Rosemary Ave., West Palm Beach, FL 33401 Telephone 561400-0929 Email: coastatairasses sments ,sments, ,sments, ,sments, ,sments, 'ginail.com www.CoastaL,kirAssessments.com 1385 Phase I Environmenta-I-Site Assessment Coastal Air Assessments rroperry jvp, -ira 6t south side jacing North �WAMAMM - I I I I-roperty IVP- Jra �'t north side facing° South Property to east of NE 3rd St 1001 N Railroad Ave./ NE 3rd St Boynton Beach, FL 33435 32, Project Number: CAA -2201 1386 Phase I Environmental Site Assessment Coastal Air Assessments i ransjormer on pole west side of property NE 3rd St r uperty i vvI iv Aallroaa Ave. �'OUIh facing North r vperly 1 uuj iv Aaziroaa Ave. West facing East f uper ly i uvi iv itaitroaa Ave. north facing South x- r upurly i vvi iv i(auroaa Ave. East facing West I ruPur'Ylu east of I UU1 IV tcauroad Ave. 1001 N Railroad Aved NE 3rd St Boynton Beach, FL 33435 33 Project Number: CAA -2201 1387 Phase I Environmental Site Assessment Coastal Air Assessments MENAW Og" - -rrOPer'Y TO west OJ I UUJ IVMailroad Ave nyarant on 3h corner oy property Railroad & 9th Gid i ransjormer on pole Last side of property 1001 N Railroad Hyarant Shut O on Nb corner oJ- property Railroad & 9th 100 1 N Railroad Aved NE 3rd St Boynton Beach, FL 33435 34 Project Number: CAA -2201 1388 ALEXIS KNIGHT ARCHITECTS Sustainable Design + Innovative Solutions Sustainable Design + Innovative Solutions June 9, 2022 Dakota Wilkerson Procurement Manager Lutheran Services Florida Procurement Services 3627A Waters Avenue Tampa, FL 33614 Dakota.wilkinson(ftfriet,ora RE: Lutheran Services of Florida Construction Cost Estimating Services New Building in Boynton Beach LSF RFP NO: 2021-032 Dear Mrs. Wilkerson Alexis Knight Architects, Inc. (AKArchit "�,) is pleased to present this proposal for professional architectural and cost estimating services. These services include the tasks defined in this proposal and shall result in the preparation of the initial project development and cost estimating for the new building to be constructed at NE 9th Street and NE 3rd Ave. Boynton Beach, Florida. Please review the enclosed Architectural Services Agreement including Attachment A: Scope of Services, Attachment B: Professional Fees, Attachment C.- Standard Hourly Rates and Attachment D: General Conditions, and if acceptable, sign and return this agreement. AKArchitects will begin this project immediately upon in receipt of an executed contract This written proposal will be valid for thirty (30) days from the date of this proposed agreement. Sincerely Inc. Steven W. Kni R.A., President cc: Project File Justin Henry; Lutheran Services of Florida ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street Sub 102 Boynton Beach, Ft. 33435 5613749242 1389 ALEXI ,S KNIGHTARCHITECTS Sustainable Design + Innovative Solutions Sustainable Design + Innovative Solutions Architectural Service Agreement June 9, 2022 Lutheran Services of Florida Construction Cost Estimating Services New Building in Boynton Beach LSF RFP NO: 2021.032 This Agreement is made this 91h day of June, 2022, between the Lutheran Services of Florida, subsequently referred to as the "Client," and Alexis Knight Architects, Inc. (AKArchitects), subsequently referred to as the -kchitecr. By joining in this Agreement, the Client retains Alexis Knight Architects, Inc. to provide additional services. These services include the tasks defined in this proposal and shall result in the preparation of the initial project development and cost estimating for the new building to be constructed at NE 9th Street and NE 3rd Ave. Boynton Beach, Florida, Subsequently referred to as "Project." By this Agreement, the scope of Alexis Knight Architects' services for this Project is limited to that described in Attachment A: Scope of Services. Client agrees to compensate Alexis Knight Architects for providing the above services in the manner described in Attachment 8: Professional Fees. Client agrees to compensate Alexis Knight Architects for providing additional services in the manner described in Attachment C. Standard Hourly Rates. Client agrees to the contractual conditions described in Attachment D: General Conditions. Alexis Knight Archite;W;,T6 ",\, L-13 Title: Steven 1�- Knight President %, Date: June 9, 2022 Client: Lutheran Services of Florida By: Date: ALEXIS KNIGHTARcHITECTS 100 NE 6th Sbreet, Suite 102 Boynton Beach, FL 33435 5613749242 1390 ALEXIs KNIGHTARCHITECTS Sustainable Design + Innovative Solutions Sustainable Design + Innovative Solutions Project Description: This project includes the design and construction of an approximately 7,200 square foot, single story; Head Start Facility residence located at NE 9th Street and NE 3rd Ave. Boynton Beach, Florida, The Lutheran Services of Florida (LSF) would like to develop the existing site to accommodate the new building, parking and outdoor activity areas. LSF will retain the services of an Architectural Team design and prepare the plans for a new building, which shall be used as a Head Start (HS) Center. Head Start is a federal program LSF provides in several high need areas throughout Boynton Beach, helping families whose children are greatly impacted by low-income, unemployment/low paying jobs, and single -parent households. It promotes school readiness of children, ages 0-5 years old, and holistically supports their cognitive, social, and emotional development. Scope of Basic Services: AKArchitects is hereby offering the services defined in this proposal. In conjunction with the basic services offered in the original proposal dated May 6, 2022, the project team will provide the following services, The Architect will provide the services necessary to design and develop the project to the level of completion which enable the cost estimating firm to prepare cost estimates for each of the proposed building types mentioned in this proposal. • Conventional Building Construction Type • Modular/Prefabricated Building Construction Type The scope of these basic services will include the following: • Project Development Services • Cost Estimating Services The project development and estimating services will be provided by these firms: Alexis Knight Architects, Inc ............................................................................... Architectural Services Construction Management Services, Inc .........................................................Cost Estimating Services AKArchitects will hire, hold the contract for services and oversee these firms as part of their services to be provided under this agreement. ALEXIS KNIGHT ARCHITECTS 100 NS 6th Street Suite 102 Boynton Beach, FL 33435 5613749242 1391 ALEXIs KNIGHTARCHITECTS Sustainable Design + Innovative Solutions Sustainable Design + Innovative Solutions Project Development Services Conventional Building Construction Type: AKArchitects will provide selected portions of the initial Phase I services, including programming and the conceptual design as defined in the original proposal. The design parameters established as the result of the programming and conceptual design, along with a written basis of design, will be used to establish the criteria for the cost estimating for the new building based on the Conventional Building Construction Type. Modular Building Construction Type: AKArchitects will provide the services necessary to prepare the design parameters for the alternate building type. Using the program and conceptual design criteria prepared for the above-mentioned construction type, the Architect will prepare a basis of design used to establish the criteria for the cost estimating for the new building based on the Modular Building Construction Type. Programming Services: As defined and included in the original Proposal, AKArchftects will meet with the Client to determine the project program and the initial design layout of this project. The Primary goal during this phase of the project will be to establish the general programmatic and architectural design requirements. The following Basic Services will be provided to accommodate the programming and space planning: * The Architect will meet with the Client to establish the program. • The Architect will verify and vet the current preliminary site layout as prepare during the initial preliminary development phase of the project. The final project program will establish the potential development of the site and become the basis for the preparation of the conceptual design services offered during the next phase of services. This site plan will include and define the scope of the development criteria and the identify the site and building amenities as required to support the balance of the services as defined herein. Conceptual Design: As defined and included in the original proposal, AKArchitects will prepare the conceptual site and building design for this project. The primary goal during this phase of the project will be to establish the general architectural design criteria. ■ The Architect will meet with the Client to review the building program and to establish the necessary design layout. a The Architect will develop a conceptual site plan to accommodate the new building, ALEXIS KNIGHTARcmITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 5613749242 1392 ALEXI-s KNIGHT ARCHITECTS Sustainable Design + Innovative Solutions Sustainable Design + Innovative Solutions ■ The Architect will meet develop a conceptual floor plan and building elevations to accommodate the architectural building design, ■ The Architect will meet with the civil engineering firm to review this conceptual building design and site layout. • The Architect will meet with the land planning firm to review this conceptual building design and site layout. Basis of Design: AKArchilects will prepare the basis of design design for this project. The written basis of design will outline the technical criteria for each of the two construction types. The basis of design will include the following: • Site development criteria • Architectural and structural building criteria • Mechanical (HVAC) criteria • Electrical power, lighting and controls criteria • Plumbing and utilities criteria This deliverable will include a written specification type report, which will define the building criteria for the Conventional Building and Modular Building Construction Types. ALEXIS KNIGHTARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 5613749242 1393 M-ITMIFT 0 Professional Licenses References Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 o0l, Sir,' ALEXI-s KNIGHTARCHITECTS Sustainable Design + innovative Solutions ate: M,ayf,,202, 1394 ALEXIs KNir=HTARrHlTECTS Sustainable Design + Innovative Solutions Section I city Of &Wrft" eftch orvajoMm" somm 100 E. Ocm Ave. 13Wrkn SOSO, FL 33436-0190 77 **AUT0woSCM 5.019;rT 33436 3 P55 IM469AZ6^4.1 6." 1 AV 0.345 ALEXIS MIGHT ARCHITECT INC 100 NE STH ST 102 BOYNTON BEACH FL 334364100 df Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 Business and Other Professional Licenses We 8PPMCWS Your continued Particostion In suppoeft econornic growth and vieWhty of our City by maintalining C-Or� of Use and Occupenc & Local Business Tax. 4 MTACI4 TK DOCUMEW Be -OW AND POsT CONSPWAMSLY AT YOUR PLACE OF BUSINESS + .......... .................................................... City of Boynton Beach Cer"ficate Of Use/Business Tax Receipt Expires on September 30, 2022 Busk"" COI&W Number. 002OW6 Dab lesuft, O&MI Muirms wom. Aloft "Ight ArWIW Inc BUSIM"Loaftm- I00W6*jSj102 Any charWs in n", addr"S. Uft O*y*n*, ate. WN Mquou a 0M &Aafte#M W. . ....... 22-00033337 64131 ARCHITECT - PER PROFESSIONAL ALEXIS KNiGHTARcHITIECTS 100 NE 61, Street Suite 102 Boynton Beach, Florida 33435 561 374 9242 ARCHITECT-STEvEN w. KNIG14T 6 1395 File Two - Cost Proposal Attachment A Cost Breakdown and Hourly Rates Scope of Services Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 1/0, ","ALEXIs KNIGHTRCHITE:rTS Sustainable Design + Innovative Solutions '—W:Tay 0,202 4", 10 1396 ATTACHMENT A- COST PROPOSAL BID FORM *'REQURIED Principal Architect Hourly Rate $145.00 Licensed Architect Hourly Rate $ 95.00 lWer Architect/ :Designer Hourly Rate $ 65.00 GeneralA n�i:nlstration Hourly Rate E $ 60.00 Additional Information/Pricing� 859 '*"law the attached Architeewral services Agreement including Attachment A: Scope of Services, (Permitting/Licensing/Fees/Surveys/Comments: Aftlinient B Pf0fOSSWAI Fees and Attaornent C' Stand" Hourly Rates Phase Services Provided: Phase Services Site Approval Phase Services C000013tusl Ard*sc" Design services Land Planning Services Preliminary Civil Engineering Landscape Archilechire and krigahm Traffic Enginealing Site Lighting and PhctornsUic Engineering Phase IF, Services Design Development Construction DowmAro She Parrielling Swwn Permitting Assislarics, Bidding Assistance Sermce$ CW1%VUcIJW Phase Services Site carocabon Services In -Kind Discount (Standard Retail Cost- Cost $10.000.00 — Offered to LSF) Total Estimated Proposed Cost After In -Kind: siu,m.00 Estimated Days For Completion of Signed Phase I: 5 Months And Sealed Drawings and Related Work as Outlined in RFP Phase 11 : 3 Months By signing below I certify that: 41 1 have read and agree to LSF's Purchase Order Contract Terms and Conditions as available atm www l fn t.or roc remen 0 This proposal is valid for 30 days 0 1 understand that the awarded contractor's drawings will become property of LSF and I give permission for LSF to use, Printed Signature: %A/ Telephone: 561 374 924 ,,, Date: May 6, 2022 sknight'alkarchitectsinc.com 11 1397 ALEXIS KNIGHTARCHITECTS Sustainable Design + Innovative Solutions 39 Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 Section 2 Cost Breakdown and Hourly Rates Continuation of Attachment A - Cost Proposal Professional Fees and Hourly Rates Charges for basic professional Phase I Services performed by our firm for all services listed in the Basic Scope of Services will be made on the basis of a Lump Sum Fee of $66,250.00 (less $5,000.00 in -Kind Discount — Total Phase Fee = 61,250.00) for the services as defined below and including expenses for printing. All permitting fees to be paid by the Client or the general contractor. Billings will be issued periodically as the work is completed. Phase I Services Conceptual Architectural Design Services $15,000.00 Land Planning Services $24,900.00 Preliminary Civil Engineering $ 3,200.00 Landscape Architecture and Irrigation $12,400.00 Traffic Engineering $ 1,750.00 Site Lighting and Photometric Engineering $ 1,500.00 Site Approval Phase Services 17,500.00 Total Fee $66,250.00 Charges for basic professional Phase 11 Services performed by our firm for all services listed in the Basic Scope of Services will be made on the basis of a Lump Sum Fee of $96,000.00 00 (less $5,000.00 lrl.Vjnd Discount — Total Phase Fee x 91,000.00) for the services as defined below and ilncluding expenses for printing. AII, permitting fees to be paid by the Client or the general contractor. Billings will be issued periodically as the work is completed. Phase 11 Services Design Development Construction Documents Site Permitting Services Permhng Assistance $ 5,500.00 Bidding Assistance Services $,5,500.00 Construction Phase Services $22,000.00 Site Certification Services $ 1,500.00 Total Fee $96,000.00 ALEXIS KmGHT/►RCMITECTS 1� 12 1398 All-EXIs KNIGHTARCHITECTS Sustainable Design + Innovative Solutions Section 2 Continued .............. 78111519- Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 Cost Breakdown and Hourly Rates Architectural $43,900.00 Civil Engineering $25,500.00 Landscape Architecture and Irrigation $ 3,500.00 Structural Engineering $ 7,500.00 Mechanical Engineering $ 5,500.00 Electrical Engineering $ 3,100.00 Plumbing Engineering $ 2,500.00 Fire Alarm and Protection Engineering $ 4,500.00 Total $96,000.00 ALEXIS KNIGHT ARcmmEcTs 100 NE 611 Street, Suite 102 Boynton Beach, FL 33435 5613749242 13 1399 ALEXIS KNirmHTARcH1TECT8 Sustainable Design + Innovative Solutions Section 2 Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 Cost Breakdown and Hourly Rates ALEXIS KNIGHTARCHITECTS, INC Standard Haudy Riates Effective January 2022 Princiui ...... ...... ....... ............. ...... $145.0110 Architectural Proj%t Manager....--, ................. 95.00 kchiter,trW Deigner., . - ........... ........... ........ _3 75.00 CA0101 TecWdan.....,-, ............................ ...... - ...... ---- ........ ........ $ 65.100 Mer.'Mani cal, ElecMcaj anidl Plumbing Engineelllng—.., .... .... ---- ........... ....................... $1151,100 Structural Enfteeflngi ........................ ............ ........... ........... ......... $1120,00 Charges for addMional profes�onad se!Mm performed �by ouir firm for all semcks ljsjed� h the So4eof Addlbonai Servims defted Ns project Mil be mid�e on the blasis of an Hourly Fee exdludIng expwses, ElMlings Wil be med at least monlhly and Ydi be iba!sed on the esUmated Permntage d the (OW sooPie of seMoes t'hat hais been =r0eled. ALEXIS KNIGHT ARCHITECTS 100 NE 61, Street, Suite 102 Boynton Beach, FL 33435 561374 9242 14 1400 ALEXIs KNIGHTAFmi-11TECTS Sustainable Design + Innovative solutions Section 2 Scope of Basic Services: L$f Lutheran Services of Florida Request For Proposals (RFP) for Architectural Drawings for a New Building in Boynton Beach LSF RFP NO: 2021-032 Scope of Services After approval of our agreement and receiving authorization to proceed, the design team shall provide the following services: Programming Services: AKArchitects will meet with the Client to determine the project program and the initial design layout of this project. The primary goal during this phase of the project will be to establish the general programmatic and architectural design requirements. The following Basic Services will be provided to accommodate the programming and space planning: • The Architect will meet with the Client to establish the program. • The Architect and the Site Planning firm will verify and vet the current preliminary site layout as prepare during the initial preliminary development phase of the project. See preliminary plan for reference purposes. The final project program will establish the potential development of the site and become the basis for the preparation of the conceptual design services offered during the next phase of services. This site plan will include and define the scope of the development criteria and the identify the site and building amenities as required to enable the Client to make a decision regarding the feasibility of the project. Services for Planning and Zoning Approval: AKArchitects shall provide the architectural, land planning and engineering services defined in this agreement. The scope of these basic services includes those necessary to obtain approval from the Boynton Beach Planning and Zoning Department. ALEXIS KNIGHT ARcsiITECTS 100 NE 611 Street, Suite 102 Boynton Beach, FL 33435 5613749242 16 1401 Lutheran Services Florida, Inc. c/o Justin Henry Associate Vice President Support Services 3627 West Waters Avenue Tampa, Florida 33614 Purchase Order: PO -17666 RE: 1001 Railroad Ave Project -Boynton Beach 33435 Tax Parcels- 08-43-45-21-18-000-1510 & 08-43-45-21-18-000-1540 Justin: Thank you for your request as noted in your email. The purpose of this letter is to describe facilities similar to the proposed school known as the 1001 Railroad Ave Project. The scope of this letter is to research the area within the zip code 33435 -Boynton Beach. Utilizing the Showcase, Loopnet, MLS, & City Fleet commercial listing and sales database, there were NO active listings or similar properties within the 33435 zip code. Thank you very much M t.C� VCn"+1tJ&h+-V spa"Zfi� Michael Vincent John Spaziani, BS, MBA, AMD, MSA, MNAA State Licensed Real Estate Broker BK 462488 State Certified General Real Estate Appraiser RZ 1167 11 , M LINMailm-mgmay., 1402 lit `�� dd 1403 c Am, , 11 7a � A ,%� �: A too LL 90V I oC l i smV New Business 07/18/2023 Interim City Attorney firm until in-house attorney is hired. Requested Action by Commission: Authorize and Approve the City Manager to temporality work with Weiss Serota Helfman Cole + Bierman until the In -House Attorney is hired. Explanation of Request: Due to a conflict with Lewis Longman and Walker, P.A. The City needs to work with another legal firm until the In -House attorney is hired. How will this affect city programs or services? The City will have Weiss Serota as the temporary City Attorney until the In -House is hired. Fiscal Impact: Fiscal Impact is dependent on Rate. Current legal fees average on an hourly basis of approximately $225.00 per hour with a monthly retainer fee of $21,033.50. Attachments: Interim City Attorney Firm Presentation. pptx City of Boynton Beach Retainer Letter for Interim City Attorney - BJS.docx 1407 co 0 T m 0 T O 0 Q =, Q J cA (U -r- 4- 0'§ O§ += 4— N L — O E O E U 0 U Ea �o LCV) N 7 U U O��°' cq LD O N N CV � cn (B 70' O E OC\j(� COO L N LO � L N O E 3 U-M) 0)Q Q 0 O��U Q� m m 0 T 0 T T L �C C L i+ •L � CD (a o E 0- E E C�O y o o z C L o � o CO > 3 o oU o � J o � 0 0 Q� � o z 0 T T r T T SEROTAI, lE I,,.,, C . A � ,,,,,,1, `..,;, 0 L_ IE, + B II h,., I, I' II Ff f BRETT J. SCHNEIDER, ESQ. bschneider@wsh-law.com July 3, 2023 VIA EMAIL: DeCosteT(c)-bbfl.us Tennille DeCoste Director of Human Resources & Risk Management City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Re: Retainer Agreement for Interim City Attorney Services Dear Ms. DeCoste: We are pleased that the City of Boynton Beach (the "City") wishes to engage our Firm as Interim City Attorney. This letter is intended to set forth our understanding as to the nature and scope of the legal services we have agreed to render for the City, the manner in which our fees for those services shall be determined and the terms upon which the City will make payment. 1. Nature of Legal Services. The City has engaged us to serve as Interim City Attorney for the City of Boynton Beach and to provide legal services as provided for in the City Charter and as may arise with respect to the regular daily business operations and events of the City. Firm Partner David Tolces, who is based in our Boca Raton office, will serve as lead counsel for the City. We understand and agree that we are only being retained on an interim basis and that the City desires to hire an in-house City Attorney. As such, we agree that we will not seek to be engaged as the "permanent" City Attorney unless the City Commission changes course and determines that it wishes to engage a law firm to serve as City Attorney. 2. Fees for Services. The City will be charged and agrees to pay for our services on the basis of our discounted hourly rates. We are pleased to offer the City the following discounted hourly rates for our services: Partners and of counsel at $280.00; and associates at $250.00. It is our practice to charge for actual time expended on the City's behalf, but not less than 2/10ths of an hour for each activity. Our rates automatically increase on October 1 of each year by the greater of (i) three percent (3%); or (ii) the change in the consumer price index for all urban consumers for Miami -Fort Lauderdale -West 1412 Tennille DeCoste July 3, 2023 Page 2 of 3 Palm Beach as of August of that year; provided, however, that the first rate increase shall not occur until October 1, 2024. 3. Costs. In addition to the fees discussed in paragraph 2, we anticipate that certain expenses may be incurred and advanced on the City's behalf. These expenses may include filing fees, title commitment, title policy, survey, lien letters, recording costs, delivery charges, long distance telephone charges, photocopies (xerox), and special postage (express mail, and certified mail and the like). If travel expenses are incurred, they will be reimbursed at the prevailing government rate. In the event unusually large costs or advances are anticipated, we reserve the right to require an additional cost deposit from the City prior to undertaking the expenditures of funds on the City's behalf. In addition to our fees for legal services, the City agrees to pay us for such out-of-pocket costs/expenditures. We will provide the City with an itemized list of all expenses for which reimbursement is required. 4. Payment of Fees and Costs. Our invoices will be submitted to the City on a monthly basis and each invoice will be due and payable when rendered. The City must understand that if any invoice remains unpaid for more than thirty (30) days after it is rendered, we reserve the right, in our discretion (subject to court approval, if necessary), to cease to provide further legal services to the City. The City will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time, together with any applicable taxes. In the event we are ultimately required to bring suit to collect any unpaid fees and costs, the City understands that it will be required to pay reasonable attorneys' fees as well as legal interest on the amount of any fees and costs due us. The City further understands that we have the right to retain any and all files, papers and other property coming into our possession in connection with our engagement without any liability to until we have been paid all costs, fees and interest due us under this agreement. The City also agrees to the imposition of a charging lien for any monies due us on all real and personal property that is preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rate of 12% per annum will be added to any invoice which remains unpaid for more than thirty (30) days after it is rendered. 5. Withdrawal from Representation. We reserve the right to withdraw from representing the City if the City has misrepresented or failed to disclose material facts to us, or if we disagree about the course of action which should be pursued. 6. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the interests of another client unless each such client consents to such representation after consultation. If this letter is addressed to more than one person, your signature of this letter will constitute such consent from each of the City with respect to the matter or matters specifically described in the paragraph of this letter entitled "Nature of Legal Services." MIAMI I FT. LAUDERDALE I BOCA BATON I TAMPA I WSH-LAW.COM 1413 Tennille DeCoste July 3, 2023 Page 3 of 3 7. Fees for Other Services. In the event the City asks us to render legal services with respect to other matters, in the absence of a written agreement specifically addressing that representation, the other matters will be handled on an hourly basis, and fees and costs will be payable under the same terms and conditions as provided for in paragraph 2, 3, and 4 of this letter. 8. Commencement of Representation. If the foregoing is agreeable to the City, please acknowledge the City's understanding and agreement by signing this letter and delivering it to us. AGREED AND ACCEPTED on this IN Dan Dugger, City Manager Sincerely, WEISS SEROTA HELFMAN COLE & BIERMAN Brett J. Schneider day of July 2023. MIAMI I FT. LAUDERDALE I BOCA BATON I TAMPA I WSH-LAW.COM 1414 11.0 New Business 07/18/2023 Commission discussion on Advisory Board Ordinance. Requested Action by Commission: Hear presentation and provide direction to staff on the draft ordinance as requested by Commissioner Kelley. Explanation of Request: On June 2, 2020, Ordinance 20-016 was passed, creating Chapter 27 "Advisory Boards and Committees" with the intent to consolidate all of the language about advisory boards into one section of the City Code. On January 3, 2023, at the request of Commissioner Kelley, there was Commission consensus to review the advisory board ordinance and bring forward recommended changes. On June 6, 2023, an update was provided and staff was directed to bring back a draft ordinance on July 18, 2023. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: DRAFT Adv Board Ordinance Changes.pdf Article XI - Arts Commission.pdf 1415 Chapter ADVISORY BOARDS AND COMMITTEES Art. I. In General, §§ 27-1-27-19 Art. II. Boynton Beach Art Advisory Board, §§ 27-20-27-32 Art. III. Boynton Beach Library Advisory Board, §§ 27-33-27-38 Art. IV. Parks and Recreation Advisory Board, §§ 27-39-24-44 Art. V. Senior Advisory Board, §§ 27-45-27-51 Art. VI. Education and Youth Advisory Board §§ 27-52-27-59 Art. VII. Planning and Development Advisory Board, §§ 27-60-27-71 Art. VIII. Historic Resources Preservation Advisory Board, §§ 27-72-27-79 Art. IX. Building Board of Adjustments and Appeals, §§ 27-80-27-94 Art. X. Appeals, §§ 27-95-27-98 ARTICLE I. IN GENERAL Sec. 27-1. City boards and committees defined; generally. 27 (a) Board shall refer to a group of individuals appointed by the City Commission for the purpose of providing advisory assistance to the Commission. No board shall have administrative authority over any department of the city. (b) Committee shall refer to a group of individuals appointed by the City Commission to provide advisory authority on a single subject or issue matter. The City Commission may establish a sunset date for each Committee. Terms board or committee may be used interchangeably herein. (c) The provisions of Chapter 27, Article I, shall apply generally to all city advisory boards and committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton Beach Code of Ordinances. (d) Retroactive effect. To the extent permitted by law, all of the provisions within Chapter 27, shall apply to acts and actions occurring or in progress prior to its adoption by the City Commission. All matters pending before the city boards and committees at the time of effective date of this chapter shall continue unabated and be taken up as scheduled before the respective board and committee. (Ord. No. 20-016, § 10, 6-2-20) 1416 Sec. 27-2. Board or committee member selection; organization; qualifications; term. (a) No person shall be appointed as a member or alternate member to a city advisory board or committee without the person first submitting an application for appointment. All applications for appointment to a city board shall be on a form authorized by the City Commission. The City Clerk shall review all applications for completeness and qualifying requirements prior to submitting them to the City Commission for consideration. (b) Selection of chair and vice-chair. The chairperson and vice-chairperson for each board shall be selected annually by each boardl however,. the City Commission must ratify the selection. be ^„P^11^"y FeappeiN*^a. The duties of the chair shall be to preside at all board meetings. The vice-chair shall perform the duties of the chair in the chair's absence. The City Commission may remove the chair or vice-chair from their position of chair or vice-chair at any time by majority vote of the City Commission. The removal of the chair or vice-chair from the board shall be done pursuant to Sec. 27-5. Cky Commission may Fetain the board member- an the board E)r- vote to have them Femoved fr-em the board eampletely. (c,g1 Regular members. City boards and committees shall be composed of seven regular members and two alternate members, except as may be provided for by Florida Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of Ordinances of the City of Boynton Beach. (1) Term of service. in gener-al,aAll regular member appointments shall be for a two-ems period, unless a shorter term is required in order for an appointed term to end on a March 31 in order that appointments may be made in an April. (24) The City Commission shall review applicants and staff recommendations to fill vacancies on city boards every April the eit-Y's March C^rnmJssJ^„ *^^+,.ions or as soon thereafter as practicable. (3) Commencement of terms. All adyj!,I�board and committee appointments shall commence mon the date of appointment by the City Commission'`' 01 a.m. on ^p fil' an shall be faF a i3eFiOd of two year-S. (42) Service beyond e-Expiration of terms. In the event appointments are not made prior to the expiration of a term, All . dyis^, boardapp ^i tm ents shall ^)Er;,-^ at 12:00 Fnid ;,=L,� E)n March 30th of theiF secand vear- E)f appointment. except as set f6Fth in Seefien 27-5 hefei-nmembers shall serve until their successors are appointed by the City Commission. The the City Commission ��, ,ii r i cants and f;� eit,- e ii y beards duFie +•, abk (5-3) The terms of office of the board members shall be staggered so no more than one halfd of the board is appointed or replaced in any 12-month period. 2 1417 (64) The current term of all board members whom have been appointed prior to the adoption of Ordinance 2023- -� shall continue uninterrupted until the expiration of said term, or for those board members whose term had expired prior to the adoption of Ordinance 2023- , until their successors are appointed by the City Commission. _(de) Alternates. The City Commission shall appoint two individuals to serve as alternate members for each board. Alternate members may participate at board meetings in the place of absent board members or recused members, to the same extent as regular members. t h e e 1, e R t a36zaeaney()P_P_1_11_2S A__P _a bear -El, the altepp-Atee shall assume the role of a r-egulaF bear -El (1) The term for alternate members shall be for one year. (2) Alternate member appointees may be reappointed for one additional one year term. (3) Notwithstanding any other provision of city code or procedural rule, no alternate member of any city board may serve in the capacity of chairperson, vice chair, or chair pro - tem. seven r-egular- membeFs and two altefnate member -s, exeept as may be pr-evided for- b), FIE)Ada Statutes, Special Act or- ResE)lution of the City Commission of elsewher-e within t (e) Quorum. The presence of f -Four members or alternate members shall constitute a quorum for each advisory board and committee with seven regular members. Where an advisory board or committee has a different number of less th-aan seven regular members, the attendance of regular and alternate members representing_a simple majority of the number of regular members of such advisory board shall constitute a quorum. (f) Qualifications. Members and alternate members serving on advisory boards and committees shall possess sufficient knowledge, experience, judgment or background necessary to competently serve the board or committee to which they are appointed. Members and alternate members must also meet any specific qualification requirements for their advisory board. (1) In order to qualify for appointment to and to serve as a member of any board or committee of the city, an individual must be an elector of Palm Beach County, Florida. (2) In selecting individuals to serve on boards and committees of the city, preference shall be given to individuals who are residents of the City of Boynton Beach.--, provided however, non-residents who own property in the city, own a business within the city, or serve as an officer, director or manager of a business located within the city may also qualify for appointment provided they possess qualifications or experience required by the fly mTted to de-Alllth- tthe. `object rna**^r ^ ° hk4 4e board or committee to which they are appointed: provided that residency within the City is not required by ordinance or lawless 3 1418 (3) Individuals may not serve on more than one advisory board at a time.selecting ----------------- I M-11 I I I I 1 11. _ ---------_-- —�-- - — - - -- --_ - -- -- - ---- =--- -- - --_--- -- - -- -------- __ __ - - - --- - P. - - - - - - - - - - ---- --- - -- - - - -- (g#) Term limits. (1) No member or alternate member shall be appointed for more than two successive terms (original term, plus one additional term). A member who has been appointed to fill an unexpired term shall remain eligible to serve two full twe-yeaF successive terms. (2) Upon completion of the maximum allowable two full terms of membership, no member or alternate shall be eligible for reappointment to the same advisory board ori committee for a period of one year unless „*i,,,, oved by the Commission. (ih) Reorganization. In the case of creation of a new board or committee or the reorganization or reconstitution of an advisory board or committee, three members shall be appointed for an initial term of one year, with the balance of the members being appointed for an initial term of two years. Thereafter, all appointments shall be for two years. (Ord. No. 20-016, § 10, 6-2-20; Ord. No. 21-016, § 2, 6-1-21) Sec. 27-3. FFeq ,eney ^FmMeetings. 4 1419 La_—Unless otherwise stated in Chapter 27, all advisory boards and committees shall meet once a month;provided that meetings may be cancelled by the City Manager or designee. Board or Committee Meetings may be cancelled by the board liaison due to a lack of business. . {W(b) All meetings of advisory boards and committees shall be public meetings. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-4. Absences. (a) MembeFS missing meetings-. (af) When a member of any advisor- board or committee that has regularly scheduled meetings once a month, has missed three meetings for any reason within any one year period during his or her annual l -.ea l term, that member- • i 1 be notified tha one additional absence will cause his or her board membership to be terminated. Thereafter€e-r-e, the fourth absence within one annual board term shall result in automatic removal from the board by ministerial action of the City Clerk, and the member will not be eligible to reapply for any adyjaoj!�-board or committee for a period of twelve (12) months from the date of the fourth absence. than once a month shall be peFmitted to have six absenees duFing any one annuai boaFd teFM..-. h;4,; withi44 FshiD to be t 1-114 44 automatic el; ible to r ly feF . i ear -,l e eammittee fee -, i3eFied..f toyel- a (1 21 months zfrvithe .7 -.to ..f tb,o „rl, - b&e4 C, (b) Excused- absences (1) A bE)aFd membeF, to whom which any of the below mentioned instances app!)-, shag submit in writing to the beaFd ehair-man, a Fequest fE)F an excused absence E)r- absences. The board ehaiFman shall have the peweF to exeuse an absent boafd memben in the event the mentioned on the t:eeE)Fd at the appheable fneeting. (2) An absenee may be excused due to one of the following: a. DorcAR—a ;llP- ., 111 ire�s .,f -. family membeF; e. ilo-Atl, ;r, the family; S 1420 d. ; e. Maternity leave; or- f Military seFviee-. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-5. Removal; abandonment,, (a) All city board members and alternate members serve at the pleasure of the City Commission and may be removed with or without cause at any time by a majority vote of the City Commission, unless otherwise provided by the Charter or Florida Statutes. (b) Notice of removal. A written notice of removal shall be served upon the city board member or alternate member who has been removed upon the diizeetion of a major -it.- of the City Commission. The notiee of removal shall be prepared by the eity attar-fley-F by the fnayot=, or- the city manager- if so directed by the City Commiss (1) Service of notice. The notice of removal shall be served by personal delivery, electronic mail. or by ordinary first class mail. Service shall be accomplished as soon as is practicable after the City Commission directs service of the notice of removal or, in the event of abandonment of office, after the city manager or designee issues the notice of removal. (2) Effective date of removals. Removal of a city board member shall have immediate effect upon the vote of a majority of the City Commission. (3) A person who is removed from a city board pursuant to the procedures set forth in this section shall not be subj ect to reappointment to any city board for a period of 36 months from the date of the removal. IiI�Ii111A�_ M Sec. 27-6. -4-d)-- Vacancy. The City Commission shall fill any vacancy as soon as practicable after the vacancv. Where a vacancy is caused by the resignation or removal of a member prior to the expiration of their term, a member shall be appointed to complete the unexpired term only, unless the unexpired term is for a period of time less than six months in which case. i that ev r* the appointed member shall then be allowed to serve the following full regular term without reappointment. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-7-6. Rules and procedures. C: 1421 (a) Each board or committee may make and adopt prioties, by-laws, rules and regulations for their own guidance and for the government and performance of its duties. Subject to the approval, supervision and control of the City Commission and not inconsistent with law. (b) Boards shall keep minutes of their proceedings; record the vote on each question; and, keep records of their discussions, recommendations, and other official actions. pizm-cv-rsrci an _ � adv ^o ard-rireetings shall be opento the publiE (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-7. Powers. (a) Nothing in this article shall be construed as restricting or curtailing any of the powers of the City Commission, or as a delegation to the board of any of the authority or discretionary powers vested and imposed by law in the City Commission. The City Commission declares that public interest, convenience and welfare requires the appointment of the following boards or committees to act in a purely advisory capacity to the City Commission for the purposes set forth in this article. Any powers delegated here to the board to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely of administrative authority. LU--(b+—No member or alternate member of a board or committee shall receive any pay or compensation for any services rendered as a member of such board. riW A board or committees may acquire by gift or donation, any property related to the subject matter of the respective board or committee. Any gifts or donations acquired shall require prior acceptance by the City Manager or designee and shall become the property of the city, and title of any real property so acquired shall be taken in the name of the city. (e) Eaeh beaFd shail periodically advise the City Commission of its findifigs with Fespect to eeFtain tnatteFs delegated to each board and shall make Feeammendations to the City such tifne as prescribed by the City Commission by specific Fes0IUfiE)P,. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-8. Quasi-judicial proceedings before city board; procedure for reconsideration of decision. (a) For the purpose of this Chapter, the term quasi-judicial proceeding shall mean hearings before the Historic Preservation Board, the Planning Development Board, e -F -the Building Board of Adjustments and Appeals, or the City Commission related to the following VA 1422 specific types of proceedings: variances; rezoning requests; appeals from administrative decisions of the building official or the planning director; master plan approvals; site plan approvals; modifications of site plans; relief from code requirements; conditional use approvals; site plan extensions; abandonment applications; and, other land development matters requiringarratmeed as quasi-judicial hearings pursuant to law. (b) Quasi-judicial hearings shall be conducted in a manner which provides all interested parties with the opportunity to testify, call witnesses, introduce evidence and cross-examine witnesses. An "interested party" means a party to whom mailed notice was required to be sent for the quasi-judicial hearings. (c) Testimony shall be under oath or affirmation. When a proposed development order comes before the City Commission having first been afforded a quasi-judicial hearing before a city board, the testimony presented, and eviddenee suh-P,;tt„a to a eity b, aFd rt of the r ra of testimo,,y and „ ,idenee b e fff„ the City C,,,,,missio p all documents and evidence that were submitted, to the boardPlann rL- and Deve orm&rt u„^ra constitute part of the record of the proceeding before the City Commission and it is presumed that the City Commission accepted and considered the documents and evidence in its consideration of the issues before the Commission. (de) Pproof of notice of the proceeding, in affidavit form, must bei filed with the office of the city clerk12rior to the hearing. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: (1) All property owners, homeowner associations, and condominium associations that own property within 400 feet of the boundary line of the property which is the subject of the quasi-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no less than 10 calendar days prior to the hearing. (2) One sign for each street frontage of the property shall be posted no less than 10 days prior to the hearing. The sign shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the city. (3) When a quasi-judicial hearing is tabled or continued .,t the ,., uest of an applican re -notice of the hearing shall be provided by the applicant in the same manner as original notice;provided that if the item is tabled or continued by a motion of a board or City Commission at a properly noticed hearing to a date and time certain, re -notice is not required. A matter may only be tabled or continued one time without re -noticing the item. (d) The City Commission may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider made at the meeting at which the decision was rendered or during the next regular City Commission meeting. No quasi-judicial decision E'� 1423 shall be considered final until the conclusion of the next City Commission meeting, or if a motion to reconsider has been made and passes, the conclusion of the reconsideration of the matter, and the entry of a written order approved by the City Attorney and signed by the City Clerk. (1) When a motion for reconsideration is made and approved at the Commission meeting at which the decision was rendered, the Commission may immediately reconsider the matter before them or, the Commission may reconsider the matter at a later time certain which shall be announced, at the meeting, to the applicant and the public in which case nolo additional notice of the matter shall be necessary. (2) When a motion for reconsideration is made following the close of the Commission meeting at which the decision is made, only the motion to reconsider shall be heard at the next regular City Commission meeting. If the motion to reconsider is adopted by the Commission, the matter which is the subject of the motion to reconsider shall be placed on the next regular City Commission meeting agenda. The agenda item shall be noticed in the same manner as the notice provided when the item was originally considered at the applicant's cost. (3e) Any board may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider at the meeting at which the decision was rendered. (Ord. No. 20-016, § 10, 6-2-20) (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-10-27-19. Reserved. ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD Sec. 27-20. Membership. mom. Appointees to the Art Advisory Board shall be residents of the City or owners of businesses located within the Cite s, „Fa' --'-,-with a majority of members (four out of 7 members) having the following background: artist, art volunteer/activist; planner; private developer; architect;neighbe assseciat}e inter-estedeitizen Eligible C 1424 Vef5esresidents maybe appointed to the Art Advisory Board if the majority of membership meets the background criteria listed above. (Ord. No. 20-016, § 10, 6-2-20) Sectio 27 21. >\a,,eti The be -A-rd shall _Mneet monthly Aen an "as needded" h-asis few- the tiransaeti en Aeff h- 11 siness. 4-:5 shall be oi3en to the otiblk-. e (Ord. No. 20-016. § 10. 6-2-20) Sec. 27-21. Intent. (a) It is the intent and purpose of this article to further the commitment of the city to the aesthetic, historical, cultural and economic enrichment of the community through the creation of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and appreciate works of art. The requirements of this article shall be construed to promote the aesthetic values of the entire community and to encourage the preservation and protection of works of art. (b) The Boynton Beach Art Advisory Board shall function and operate as outlined in the City o�ynton Beach's Ordinance No. 01-64. (b) T-hjS rt rcr%Sn-,11 L,., 1H14A.14,Y, -...rl EUEed-as tone "AAE ili-Plah-li^e Ma-ees PFOgF m." (c) Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all art acquired through expending funds in the Public Art Fund shall be owned by the city according to the Art Advisory Board's recommendations and guidelines. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-22. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings: (1) Art, Artwork, or Works of Art means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional 10 1425 furnishings, such as artist designed seating and pavers, unique or original architectural elements, and artist designed landforms or landscape elements. The following shall not be considered artwork or works of art for purposes of this article: a. Reproductions or unlimited copies of original artwork. b. Art objects, which are mass-produced. c. Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist or designed as an integral aspect of a structure or site. (2) Artist or Professional Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. (3) Arts Commission or Art Advisory Board means the advisory board established by the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory Board in Ordinance 20-016. (4) Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property. (5) Development means any construction, or redevelopment, or structural alteration of any private or public building within the limits of the city. (6) In -fill housing means new residential units on parcels less than five acres that are not part of an approved planned unit development as defined by the city land development regulations. (7) Public Art Fund means a separate, interest bearing account setup by the city to receive monies for the Art in Public Places Program. (8) Remodeling or conversion means alterations made to a building within any 12 -month period, including, but not limited to, changes to the facade of a building, changes to the interior of a building, increases or decreases in the floor area of a building and changes to exterior improvements. (9) Public Art Project means all the costs associated with design and installation of artwork including artist fees, artwork(s), art consultant fees, engineering, structural support, lighting, art signage and other site enhancements as stated in the guidelines. (Ord. No. 20-016, § 10, 6-2-20; Ord. No. 21-016, § 3, 6-1-21) See. 27 23. Airt AdviseFy Board meetings. 11 1426 Sec. 27-24. Purpose and duties. (a) The purpose of the Art Advisory Board is to advise the City Commission on matters related to the arts, to develop a plan and programs to promote and support art in public places, and to recommend guidelines and funding for implementation. It shall be the duty of the Art Advisory Board to act as an advisory board to the City Commission in providing advice on matters relating to the visual arts. (b) The Art Advisory Board may recommend funding sources including private sources and grant funds; encourage public and private partnerships in the arts; review and make recommendations on proposals for art work for public buildings and public spaces; encourage the flow of art into the city; stimulate art related activities and events; study issues related to art and implement art programs as delegated to it by the City's Commission from time to time. (c) The Art Advisory Board shall periodically advise the City Commission of its findings or proposals with respect to the foregoing issues and make recommendations to the City Commission on any matter referred to it within as much time prescribed by the City Commission. (d) The Art Advisory Board shall have the following additional powers and duties: (1) Recommend to the City Commission adoption of Art in Public Places Program Guidelines and amendments thereto; (2) Recommend to the City Commission adoption of a Public Art Master Plan identifying locations for public artworks and establishing a priority order; (3) Recommend to the City Commission authorization of expenditures for maintaining and implementing the Art in Public Places Program; (4) Recommend to the City Commission other expenditures of the Public Art Fund such as hiring staff and services to run the Art in Public Places Program; (5) Exercise their authority to approve, approve with conditions or disapprove proposed installation of artwork including murals based on criteria in Art in Public Places Program Guidelines; and 12 1427 WA Sec. 27-24. Purpose and duties. (a) The purpose of the Art Advisory Board is to advise the City Commission on matters related to the arts, to develop a plan and programs to promote and support art in public places, and to recommend guidelines and funding for implementation. It shall be the duty of the Art Advisory Board to act as an advisory board to the City Commission in providing advice on matters relating to the visual arts. (b) The Art Advisory Board may recommend funding sources including private sources and grant funds; encourage public and private partnerships in the arts; review and make recommendations on proposals for art work for public buildings and public spaces; encourage the flow of art into the city; stimulate art related activities and events; study issues related to art and implement art programs as delegated to it by the City's Commission from time to time. (c) The Art Advisory Board shall periodically advise the City Commission of its findings or proposals with respect to the foregoing issues and make recommendations to the City Commission on any matter referred to it within as much time prescribed by the City Commission. (d) The Art Advisory Board shall have the following additional powers and duties: (1) Recommend to the City Commission adoption of Art in Public Places Program Guidelines and amendments thereto; (2) Recommend to the City Commission adoption of a Public Art Master Plan identifying locations for public artworks and establishing a priority order; (3) Recommend to the City Commission authorization of expenditures for maintaining and implementing the Art in Public Places Program; (4) Recommend to the City Commission other expenditures of the Public Art Fund such as hiring staff and services to run the Art in Public Places Program; (5) Exercise their authority to approve, approve with conditions or disapprove proposed installation of artwork including murals based on criteria in Art in Public Places Program Guidelines; and 12 1427 (6) Advance, through education and communication, the Art in Public Places Program Guidelines. "PL (Ord. No. 20-016, § 10, 6-2-20; Ord. No. 22-004, § 2, 2-15-22) Sec. 27-25. Establishment of public art fee. (a) All development, redevelopment, reconstruction or remodeling projects commenced after the adoption of this article which have a construction value of $'[�0500,000 or greater, shall participate in the Art in Public Places Program by paying a public art fee. For the purpose of this section, a project will be considered "commenced" when an application for review is first submitted to the city's Development Department. The public art fee shall be equal to one percent (1%). of construction value of the project or one million dollars ($1,000.000). whichever is less. The Building Division/Finance Department shall administer the billing and collection of the thirty percent (30%). or .03 of the 10.% of public art fee at the time of building permit issuance and the remaining seventy percent (70%) of the public art fee as a condition of issuance of the certificate of occupancy that includes the public art. One hundred percent of the public art fees collected are to be allocated to the public art fund. All distributions for the public art fund require the recommendation of the Art Advisory Board prior to City Commission approval. (b) The following types of projects are exempt from the payment of the public art fee: (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity determined by the City of Boynton Beach building official. (2) The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach. (3) All projects which were submitted prior to or on October 5, 2005, notwithstanding any subsequent request for site plan extension. (4) Single-family and two-family in -fill housing. (5) Normal, routine maintenance including replacement of existing damaged or failing structural or non-structural elements, HVAC, plumbing, electric, communication or fire detection/suppression equipment of a project not associated with an addition, renovation or new construction. (6) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any existing amenity, clubhouse, building, pool, park, playground and/or common area element located within an existing private residential development. This specific exemption applies retroactively to October 5, 2005. (c) The owners of a development that are required to participate in the Art in Public Places Program ,,, obtain r M1,„iFsement up to 70 of celleetea fee shall install a public art project with a minimum value equal to seventy percent (70%) or pay the 13 1428 seventy percent (70%) art fee in lieu of installing artwork before the issuance of certificate of occupancy and if the following conditions are met: (1)Bear- r-ec-ommendations to develop the art in the ' The owner of a development agrees to secure the approval of the Art Advisory Board for the location and public visibility of the public art, for the qualified artist(s), for the design of the artwork(s) and the artwork site, and the final installed artwork and artwork site. Such approvals will be based on the Art in Public Places Program Guidelines; and (2) P �Fto plaeement an the developnent site, t4- e a r tw ^ eved by the Art A Elvis a r -y —B19ard to t1mat the art; A.; or --h: ;Axi I i he ace-essi Wipe and freadily visib! e to the pub! ie leeatienThe owner of a development agrees to maintain the artwork(s) in good condition as approved by the Art Advisory Board and if the artwork(s) cannot be maintained or repaired, or the owner requests to remove the artwork(s), then the owner will replace the artwork(sl of value equal to the original seventy percent (70%) of the public art fee adjusted by the Consumer Price Index. contribute the same amount to the Public Art Fund or donate the artwork(s) to the City in good condition. If the owner opts to replace the artwork(s) in a different form than originally approved, the new artist and art selection criteria shall be in compliance with the Art in Public Places Guidelines.-,-ai+d - (3) Seleet an affist difeetly to execute a pFejeet that meets specific- Criteria outlined by a professional consultant to select ar-tists to commission site specific, ar-ehiteetuFally gift to the City of R.,..,,to Re-,eh's „hlie aFt Alleetion (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-26. Public Art Fund. (a) There is hereby created a Public Art Fund administered by the Art Advisory Board. Funding shall consist of all contributions received from art fees for development and redevelopment. Contributions shall include 196 of eonst,-,,etiar v . ll— „ding $250,000fees from projects required to participate in the Art in Public Places program, any cash grants,7l donations to the city for public art projects from governmental or private resources, earned income from sales or services, and all other funds allocated by the city through the budgetary process for the provision of public art. (b) Expenditures from the public art fund shall include but not be limited to expenses associated with the selection, commissioning, acquisition, transportation, maintenance, public education, promotion, administration, program marketing, documentation, removal 14 1429 and insurance of the works of art or in relation thereto. The Art Advisory Board can recommend to the City Commission expenditures from the funds in furtherance of the Art in Public Places Program. (c) Disbursements of the public art fee shall be seventy percent t70%) to the const-tietio for the City public art projects and maintenance of City public art projects and thirty 30%1 for the administration of the Art in Public Places Program and a (endowment or reserve fund) for future work as described in the Art Advisory Board's guidelines and recommendations. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-27. Art Advisory Board's guidelines and recommendations. (a) Selection criteria. The art and artist selection criteria shall be in compliance with the Art Advisory Board's guidelines and recommendations. (b) Guidelines. The Art Advisory Board shall prepare and from time to time recommend to the City Commission revisions to the Art in Public Places Program guidelines and make the same available to the public, which shall provide guidance for program organization; organizational governance and staffing responsibilities; procedures for project planning; artist selection; art selection criteria; art placement criteria; mural criteria; donations; loans and memorials; and collection management; and administFation of the publie aFt fund. (c) Location plan. The Art Advisory Board shall prepare, and from time to time revise, an Art in Public Places Program location plan for recommendation to the City Commission that identifies locations and criteria for public artworks and establishes a priority order. (Ord. No. 20-016, § 10, 6-2-20; Ord. No. 22-004, § 2, 2-15-22) Th i— Cigmw.unity Stand—yids Division- - shafll—eniTvrEe—.Aden. 1. 1OYNTON "Acrz 162 Flo -WA Ct-.t„tlg OF any pl Secs. 27-28-27-32. Reserved. ARTICLE III. BOYNTON BEACH LIBRARY ADVISORY BOARD See. 27 Membefsh'i meMheVs— ee. 27 M eetines 15 1430 Sec. 27-33. Purpose and duties. Subject to the control and direction of the City Commission, the Library Board: (1) Shall act in an advisory capacity (non .,ari inistF tive) to the City Commission, to assure representation of the ideas of citizens and taxpayers of the city relative to the function and operation of municipal libraries and reading rooms in the city, and such advisory assistance shall include, but not be limited to, recommendations relative to control of expenditures of moneys collected or donated to the credit of any municipal library in this city, and the supervision, care and custody of the grounds, rooms, property and buildings constructed, leased or set aside for municipal library purposes. (2) Shail make r-eeammendations for- the appointment of a suitable hbr-ar-iaH aHEI assistants and their- r-espeetive rates of eempensation; establish r-egulations for- the gover-nment and central of any munieipal library as may be deemed neeessar-y for- its - preservation and to maintain its usefulness and efficieney; fix and impase by general Fules, penalties and fer-feittwes fei= failtwe te r-etur-n any beek of fef violation of any -by laws of regulations of the boafd-. (3) Shail annually in an advisofy capacity assist thee" manager -i C. a budget for - the maintenance and f municipal library facili (42) Shall keep-FeeeFds, invente ' a cEezm-ts,bcag ctaFy er- etheF�ise of all „f the activities of the >1„-,ra -,Ra t>10 m- unicipal l;>1, aFy system -,,,a make reports to the City w,.,, agff end -the City Commission relative to the activities of the board and the municipal library systemtmhei2ete asannu 'ly ^r 444ho-neve- - requested to do so by the City Commission. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-34 - 27-38. Reserved. 16 1431 Sec. 27-39. Powers and duties. Subject to the control and direction of the City Commission, the Parks and Recreation Advisory Board: (1) Shall act in an advisory capacity to the Recreation and Parks Department, to assure representation of ideas of citizens who are interested in promoting better recreation and park facilities and programs for the city. Such advice shall include but not be limited to site locations, development, supervision and maintenance of public recreation and parks of the city. (2) Maequir-e by gift or donation, any pr-apeFvy fee p ,bl; e t;on a aFlam p p s Sh-all beeame the pr-epeFty of the eit�-, and title of any real pFapeFt-y so acquiFed shall be taken in the name of the city-. (3) Shall make recommendations to the city manager and City Commission, through the Recreation and Parks Director, concerning_ a_ the purchase of property by the city for public recreation and park purposes;; b_ the establishment, maintenance, and supervision of public recreation and parks;, and, a c. ning expenditures of the recreational and park fund hereinafter established. .- 1 1111M 111.4 (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-40 - 27-44. Reserved. ARTICLE V. SENIOR ADVISORY BOARD 17 1432 (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-46. Purpose and duties. Subject to the control and direction of the City Commission, the Senior Advisory Board: -assist the elderly in: —Act in an advisory capacity r„en a minjgF^tjyg4 to the City Commission, to assure representation of ideas of citizens who are interested in promoting better senior resources and programs for the city. (2) Assist with the coordination of Gprograms and/or services for seniors, through the Recreation and Parks Director or designee, in partnership with the Boynton Beach Senior Center. (1) jl) Setting up a r-efifed senior- volunteer- pFagFam known as RSVP to provide seFviees fe . the h ebetind; (2) Seekingfederal tate grants to provide foF s ,; (3) n4enJAW4r-andl fol: legislation r-egarding the elder , County to hying ;t to the City of Boynton Be -,eh. (9) PFE)vi e a pamphlet ofavailable .,g_A_m__s�A- lF S; e R J_ E) for- T (8) PFEM,l e FeEFeatian and social pr-agr-ams. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-47 - 27-51. Reserved. ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD t 1433 Sec. 27-52. Created. The City Commission, in accordance with the powers vested in it, merged the Children and Youth Advisory Board and the Education Advisory Board and established the Education and Youth Advisory Board. All powers, duties, and responsibilities of the Education Advisory Board shall survive and be deemed merged and consolidated with the powers, duties and responsibilities of the Children and Youth Advisory Board. All previous actions of the Education Advisory Board shall survive this consolidation unless specifically revoked by the Children and Youth Advisory Board. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-53. Organ zatio Membership The Education and Youth Advisory Board shall comprise seven permanent members, two alternate members and three student members. The three student members shall be appointed for a period of one year. A liaison from the Palm Beach County School District shall be asked to serve on the board as an ex -officio board member concurrent with board member terms. (Ord. No. 20-016, § 10, 6-2-20) Section 2 reet-iaga.: transaction of business. its meetines shall be oigen to t Sec. 27-54. Purpose and duties. Subject to the control and direction of the City Commission, t -The Education and Youth Advisory Board shall assist the cityand l^cal se -hook in: (1) Development of pr-egFams that pr-amete angaing Felationships with eaFing adults and the r-eer-uitment of valunteeFs to assist students befor-e, during and after- .Serving as a liaison between the Palm Beach County School District, Boynton Beach schools and the city. (2) FeFfnulatien of long and short range p . r to benefit the ehiWen and yout.h. (2-3) Contacting community groups and businesses within the geographical boundaries of Boynton Beach for professional skills, materials, financial or education support for the schools and with the purpose of implementing programs at local schools that benefit students from Pre- K through grades and vocational schools. 19 1434 (4) Development E)f incentives and enhaneements to enEaur-age the development Of S -- E)r- near- le-al sEheels. (-6) Identification and dissemination of information on local, county, state and federal programs that provide beneficial services to children and their families. (4-7) Developing strategies for communicating with the School Board of Palm Beach County and its staff, advising the City Commission as to the activities of the School Board, and other federal, state and local legislative bodies which affect the needs of students, within the city. (5-9) Developing recommendations to the City Commission for forwarding to the School Board of Palm Beach County regarding actions which may be taken in support of schools in Boynton Beach and with respect to proposed legislation at the state level. (6-9) Developingn}ent-e€ child and youth advocacy programs. (10) Developing publie r-elations that highlight sueeessfid! programs withifl the sehOE)IS t& help impr-ove their- im-,- netion with local media. (!!) CeE)Fdinafingwith the local peliee depaftment to impr-eve safety for- students before-,-. during and afteF school, and to promote and enhance the Felationship between ehildFen and leeal c (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-55 - 27-59. Reserved. ARTICLE VII. PLANNING AND DEVELOPMENT ADVISORY BOARD Sec. 27-60. Membership. (a) In appointing members to the Planning and Development Board, the City Commission shall give refer-ence, when possible, to -appoint residents of the City who areFesident professionals associated with development and construction as follows:. suhas urban planners, developers, realtors, and design professionals licensed in the disciplines of architecture, landscape architecture, and civil engineering. All members shall be residents of the City. (b) Should a member of the Planning and Development Board move outside the city limits, the member shall become disqualified, and a new member shall be appointed by the City Commission. 20 1435 (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-61. Functions, powers, and duties. The Planning and Development Advisory Board shall act in an advisory capacity to the City Commission by conducting investigat ^"c reviewing matters and holding public hearings regarding the following: Plan; (2) Proposed developments and determination of conformance to the principles and requirements of the Comprehensive Plan and Land Development Regulations; future land use map classifleations, 4 --(4)—Changes or amendments to the text of the Comprehensive Plan 45 Changes or amendments to the text of the eF Land Development Regulations, as the City's land development regulation commission; (65) OtheF duties Nyhieh may be lawfully assigned to it by the City Commissia oF which. (7-6) Project designs, aesthetics, quality, and impact upon the value of property and the physical environment of the City; and X9!7) T- hs rpr'"v^r"'rr^9tiAn ^A --f S'n'Pt-aJ-Rcrvie QeyeIapment actiViti e s. (9) Review applications pursuant to Sec. 27-63. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-62 Meetings. The Planning and Development Board shall meet on the fourth Tuesday of each month unless otherwise rescheduled or cancelled by the City Manager or designeein conneeti r with holidays, planned absences, or- at E)theF such times as the chair-per-sEffl May deteFffline. (1) On behalf of the board, the City Clerk or designee shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or abstaining, indicating such fact. 2 (2) NE) member- shall -abstain fFam vvzlfig unless evr� � uT�c c6n}iry interest pursuaint to the pFevisiens contained- herein Aff J-14- -Ace-e-rd-A-44-ce 144-th -F.-S. GhapteF 11-2-. 21 1436 ()The records of the board shall be filed in the office of the City Clerk and shall be public records. {2}(31 As the board is advisory, should a meeting be cancelled due to a lack of quorum, an applicant may elect to proceed to the City Commission for final hearing without a recommendation of the board, unless the recommendation is required by law. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-63. Review of applications. Feeemme-nd—ati-e-n- to the Planning and Development BeaFd, who shall _h -ave th-e- -AutheFit-y and dutyThe board shall hear and make recommendations to the City Commission on the following applications: (1)-Annexion; (2) Gempr-ehensive Plan afnendments; (3) Conditional use; rezoning; (4) New or Major Master Plan Modifications (new); (9) MajA-r n41-Ast-3r M-Aef ;fi atj-9 ; (6) New or Major Site Plan Modifications; (7�ite De extension; (8) nR- jeff Site Dl „, Y, odifie-atiow, (9) Vacation and abandonment; (10) Master Site Plan (new); (1 ) Major- - Maste - Site Plan ,n, difi .ter (12) Use approval; Waiver (in PID); (13) Community Design Appeal; (14) Height exception; (15) Variance to Land Development Regulations; and, (1�.Vrreal{ sreeeatien facilities (WCF). (Ord. No. 20-016, § 10, 6-2-20) 22 1437 Sec. 27-64. Action. All decisions of the Planning and Development Board shall be advisory to the City Commission. No action of the board shall be considered a final action of the city until approvedr by the City Commission. The procedure for approval by the City Commissionra*�� shall be as follows: (1) All matters which have been reviewed and acted on by the b-Board and approved by the City Commission shall be summarized in writing as a proposed development order. The form of the proposed development order shall be approved by the City Attorney. Wheen an approval requires adoption of an ordinance, the ordinance shall serve as the development order, and where the ordinance is not approved, the records of such vote in approved minutes of the City Commission shall serve as the development order on an item that required an ordinance. (2) All PFOposed develop-me-PA A-rde-ps—sl3-an�n� wed to the G" G„mmission-�-a izegular- City Commission meeting following aetion by the beaf:d. When a legislative item, such as a land use amendment, is consolidated with a quasi-judicial item, such as a rezoning, both items shall proceed using the quasi-judicial process, but consolidation shall not alter the legal standard for review, or the burden of proof. (3) The City Commission may table a proposed development order to ensure that proper notice and opportunity to be heard is provided to the applicant, the public, and any other interested parties. iii its e-014-We-a-i-i- (4) Following approval of-, deve opme„+,,,-aor by the City Commission, the city clerk shall date and sign at4e development order consistent with the action of the City Commission, aid issue it as a final order, and file it in the public records of the City. { 4(41 Any development orders that are to be recorded in the public records Palm Beach County shall be recorded by the City, the costs of which shall be paid by the applicant. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-65. Terms and definitions. See Part Ill, "Land Development Regulations", Chapter 1, "General Administration", Article 11, for all applicable terms and definitions which pertain to the regulations and standards contained herein. (Ord. No. 20-016, § 10, 6-2-20) 23 1438 Secs. 27-66 - 27-71. Reserved. ARTICLE VIII. HISTORIC RESOURCES PRESERVATION ADVISORY BOARD Sec. 27-72. Membership. (U�'-�T f'.�aA minimum of two members shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture or planning. {44(21 A minimum of three additional members of the board shall be experienced in the areas of commercial development, real estate, banking or law. The two remaining members shall be citizen members at large. (34) All members shall have demonstrated a special interest, experience or knowledge in historic preservation or closely related disciplines. (42) Persons serving on the board are encouraged to attend educational meetings or workshops to develop a special interest, expertise, experience or knowledge in preservation, architecture, or quasi-judicial boards. Sec. 27-73-+-'�). Historic Preservation Planner. —The city may appoint a professionally qualified historic preservation planner to advise and assist the board, carry out delegated responsibilities, and undertake the requirements for certified local government certification. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-74-3. Meetings. The board shall hold a minimum of four meetings per year at regular intervals. All meetings of the board shall be publicly announced and will have a previously advertised agenda. The meetings shall be open to the public. On behalf of the board. the City Clerk shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or abstaining, indicating such fact. (2) The records of the board shall be filed in the office of the City Clerk and shall be public records. (3) Should a meeting be cancelled due to a lack of quorum. the Board liaison may elect to move items to the City Commission for the required public hearings without a recommendation of the board. ...s..e.*:.s.rrr�s.�es*:�szssr�:��ss�es► 24 1439 (2) SU Utes will be prepared and made available to the publie after- adoption by the bear -d; (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-754. Powers and duties. The board shall have the following powers and duties within the incorporated city limits of Boynton Beach, Florida: (1) The Historic Resources Preservation Board shall act in an advisory capacity to the City Commission and shall provide recommendations to the City Commission regarding the following: a. Nomination of properties and districts to the National Register of Historic Places, as a required duty of being a certified local government. b. Nominations of properties and districts to the Boynton Beach Register of Historic Places. c. Adoption, modification, or replacement of a Design Guidelines Handbook. (2) To hold public hearings and to approve or deny applications for certificates of appropriateness or certificates of economic hardship affecting proposed or designated properties or properties within districts; (3) To advise and assist owners of properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion in the National Register of Historic Places; (4) To call upon available cityst-aff- mem-h-,-QFs -as lve-1-1 -as atheF exper-t-s 1�9 r- -a S s J Stance and/or - (9) To-aa'tch�ireii-vcrvrthe bea-yd to testify b feff , -, LDA—aVrliff CcfoPnr" ittee OR aRy properties and (6) To confer recognition upon the owners of properties and districts by means of certificates, plaques or markers; P77e ge5-to�these Te• ti633-s (8) To inform and educate the citizens of the city concerning the historic, cultural, archaeological, and architectural heritage of the city; and (9) To participate in survey and planning activities of the certified local government; (10) To coordinate with the State of Florida's Division of Historical Resources Certified Local Government Program by satisfying the following requirements: 25 1440 a. The State Historic Preservation Officer shall be given 30 calendar days prior notice of all meetings and within 30 days following such meetings shall be provided with the minutes and record of attendance of the Historic Resources Preservation Board and the public. b. The State Historic Preservation Officer shall be notified of any change of Historic Resources Preservation Board members within 30 days of their appointment. c. Notify the State Historic Preservation Officer immediately of all new historic designations or alterations to existing designations. d. Submit amendments to the ordinance to the State Historic Preservation Officer for review and comment at least 30 days prior to adoption. e. Submit an annual report by March 1 covering activities of the previous October 1 through September 30 and shall include the following information: 1. A copy of the Rules of Procedure; 2. A copy of the Historic Preservation Ordinance; 3. Resumes of the Historic Resources Preservation Board members; 4. Changes to the Historic Resources Preservation Board membership; 5. New local designations and National Register listings; 6. A review of survey and inventory activity with a description of the system used; 7. A program report on each grant -assisted activity; and 8. Number of projects reviewed. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-75 - 27-79. Reserved. ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS Sec. 27-80—. Membershi Board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor. HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two 26 1441 alternate members, one member with the qualifications referenced above and one member at large from the public. (Ord. No. 20-016, § 10, 6-2-20). Sec. 27-81—. Meetings. The Building Board of Adjustment and eAppeals shall meet on an "as needed" basis as appeals are brought forward. its meetings shall be open to the publi, Sec. 27-80. Powers and duties. Lal—Pursuant to F.S. § SS3.80, as may be amended, the Florida Building Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the Building Board of Adjustments and Appeals shall have the power, as further defined in Section 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, to hear appeals of decisions and interpretations of the building official pursuant to Sec. 27-83 through 27-85. and consider variances of the Florida Building Code and other technical codes pursuant to Sec. 27-86 through 27-87. See Boynton Beach Administrative Amendments to the Florida Building Code 6th Edition (2017). (b) The owner of a building, structure, or service system, or duly authorized agent may appeal a decision of the building official or the floodplain administrator, as applicable, in his or her enforcement or administration of Chapter 4, Article IX, Building, Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any one of the following conditions are claimed to exist: 1e. The building official or the floodplain administrator, as applicable, rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; 2h. The provisions of the city's current edition of the Administrative Amendments to the Florida Building Code do not apply to this specific case: e3. That an equally good or more desirable form of installation can be employed in a specific case: or 4d. The true intent and meaning of the city's current edition of the Administrative Amendments to the Florida Building Code have been misconstrued or incorrectly interpreted. eS. An application made by the owner or tenant of a property which operates as a group home is denied. The Building Board of Adjustments and Appeals shall convene within 30 calendar days of the date that a written appeal is filed with the city. If the Building Board of Adjustments and Appeals is unable to convene within 30 days, the appeal may be heard by the city's magistrate and the matter will be added to the agenda of the next available code enforcement hearing date. 27 1442 (c) The Building Board of Adjustments and Appeals shall hear appeals of determinations of the building official as provided in Sec. 27-83. (d) The Building Board of Adjustments and Appeals shall hear applications for variances pursuant to Sec. 27-86 and 27-87. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-81. Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-83. Appeals of decisions of building official. Deeision E)f the building The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustments and Appeals whenever any one of the following conditions are claimed to exist: (1) The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. (2) The provisions of this code do not apply to this specific case. (3) That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. W-0 1443 011 Sec. 27-83. Appeals of decisions of building official. Deeision E)f the building The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustments and Appeals whenever any one of the following conditions are claimed to exist: (1) The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. (2) The provisions of this code do not apply to this specific case. (3) That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. W-0 1443 6 --(4--The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. §7 (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-84-6. Notice of appeal of a decision of building official. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. (Ord. No. 20-016, � 10, 6-2-20) Sec. 27-85-7. Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. (Ord. No. 20-016,§ 10, 6-2-20). Sec. 27-864. Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: (a) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. (b) That the special conditions and circumstances do not result from the action or inaction of the applicant. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. (d) That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. (e) That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. (Ord. No. 20-016, § 10, 6-2-20) 29 1444 Sec. 27-85. Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. (Ord. No. 20-016, § 10, 6-2-20) --------- Sec. 27-88. Procedures. (a) Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet an rG'Call 0f the e -h- r„a , subsequent -e upon a request to call a meeting by the secretaryn provided that: -Tthe board shall meet within 30 calendar days after a notice of appeal has been received pursuant to Sec. 27-84. (1) Rules of evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. (2) Testimony. Any member of the board or the attorney representing the board may inquire of, or question, any witness before the board. Any member of the board, the petitioner or his or her attorney, and/or the building official shall be permitted to inquire of 30 1445 Sec. 27-88. Procedures. (a) Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet an rG'Call 0f the e -h- r„a , subsequent -e upon a request to call a meeting by the secretaryn provided that: -Tthe board shall meet within 30 calendar days after a notice of appeal has been received pursuant to Sec. 27-84. (1) Rules of evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. (2) Testimony. Any member of the board or the attorney representing the board may inquire of, or question, any witness before the board. Any member of the board, the petitioner or his or her attorney, and/or the building official shall be permitted to inquire of 30 1445 any witness before the board. The board may consider testimony presented by the building official, the petitioner, or any other witness. (b) Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. Appeals of decisions by the Building Board of Adjustments and Appeals may be taken by any aggrieved Marty affected by a board decision. (c) Local Construction Regulation Board. The City Commission may also utilize this board to convene as the Local Construction Regulation Board (LCRB), as provided in F.S. § 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-. Withdrawal or denial of anneal. (a) Refiling after denial. Upon denial of an application for relief hereunder, in whole or in part, a period of one year must elapse prior to the filing of a subsequent application affecting the same property or anv portion thereof. �f�T:tfii�i'tff�T�1M MMM "as MU:5e�s�seas�s�e erJ• 22 [3l J:irrir•n r��:� sji�rav ra •��r r ra •Jr ra �s•�� .�. 31 1446 fel Re€ilin E€te *'�thautiqdiEe. An application may be withdrawn �e by the applicant ; provided the request for withdrawal is in writing and executed in a manner- and on a foFm or-escFibed by the Gitvand filed with the City Clerk at least one week prior to any hearing scheduled concerning the application. When an application is timely withdrawn, it can be re -filed at any time. If an application is not timely withdrawn, the time limitation on re-application in subsection (a) applies. in No application may be withdrawn after final action has been taken. Sec. 27-89. City Commission. (a) Local Planning Agency. The City Commission is hereby designated as the city's local planning agency to act on behalf of the city under the terms and provisions of the Local Government Comprehensive Planning Act, having the general responsibility for overseeing a comprehensive planning program and the preparation and amendment of the Comprehensive Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as provided in said Act. Pursuant to Sec, 163.3174, Florida Statutes, all applications for comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application, be provided to the Palm Beach County School District, and should the City be advised that a representative of the Palm Beach County School District intends to attend the City Commission meeting at which the application will be considered by the local planning agency, that representative shall be considered a non-voting member of the local planning agency. (b) Finality and review. advisafy to Vie 64--l- The decision of the City Commission is final. Once final, a decision may be reviewed as provided by law. by the filing of a petition fAv t.,r;* Af eeFtieFaFi J -P tm-he CA-1-2cuit GeuFt of the 15th judie-i-Al CA-iFeuit in -And- foi: -R-Alm- -Reach Ceunt�-, WaFida, and 4+ (Ord. No. 20-016, § 10, 6-2-20) Secs 27-90 - 27-94. Reserved. ARTICLE X. APPEALS Sec. 27-95. Administrative official. (a) Eligibility. Appeals of a decision of an administrative official may be taken by any person aggrieved, or by any officer, board, or bureau of the governing body affected by any decision of an administrative official under any ordinance enacted pursuant to the land development regulations. 32 1447 (b) Filing. Appeals of a decision of an administrative official under this article, excluding official,the building shall be filed within 15 calendar days after receipt r-endition of the order, requirement, decision, or determination made by the administrative official by the affected party. For- appeals of a deeision inade by the building official, the nefiee of appeal shall be in writing and filed within 30 calendar- days after- stieh deeisii—iist ender -ed. When necessary, a current certified survey and a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or other material constituting the record upon which the action was taken shall be collected by the administrative official and, together with the completed appeal, forwarded to the City Commission pp4zGpFiate appeal h-A—APICir for placement on the City Commission's next available agenda. (c) Stay of work. Upon posting of acceptable surety (see Chapter 2, Article Ill, Section 6) by the appellant in an amount equal to 110% of the potential costs of delays and damages as certified by a design professional, all work on the premises and all proceedings in furtherance of the action appealed will be stayed, unless the administrative official from whom the appeal was taken, certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed unless granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. (d) Assignment of appeals. The City Ge the Bttilding Board ef Adjustments Appeals shall review all appeals. The assigninent of eaeh is as fellei (1) City Commiss The City Commission shall hear and decide all appeals regarding the administration, interpretation, or enforcement of a decision of an administrative official of any standard, provision, or regulation contained in the land development regulations, (2) Building BeaFd of Adjustment-,; -and-Appeals. The aov 3a 3-a Q L11jLAj3:3r as r, r tee.. "a.�;•rr�^ "�€�� r as r OFNiGOr r SYSWM7, r RM -A -d-- R- ilding God@ 140 not apply to this r , 33 1448 (e) Hearing of appeals. The City Commission aF BuiWing BoaFa of Adjustment „r Appe snAllTear_jA_P__Ah_J_P_ _fAff-t hearing of the appeal shall be scheduled for the first available City Commission meeting after receipt of the appeal. The appeal shall be a quasi- judicial hearing inclusive of the notice and hearing requirements of Sec. [LOOK FOR SECTION], give ublie "^t- J_ P_ P_ ther-e4, as well �-dlue-:�tiee ties in inter -es .. Upon the hearing, any party may appear in person, by agent or by attorney. (f) Review of administrative orders. In exercising its powers, the City Commission OF Building Bear -d E)f Adjustments and Appeals may, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official and may make any necessary order, requirement, decision, or determination, and to that end, shall have all the powers of the officer from whose action is being appealed. The e6neuFFMIX vote of a majoFit-y of the member -s present shall be necessary 4) reverse �nt, decision, or- determination of any administFative official oF to decide in favor - of the applicant on any matleF upon whieh th-p- h_A__;4Vd_ A -F commission is ed to pass. (g) Indemnification. In the event a claim or lawsuit is brought against the city, its officers, employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold harmless the city, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever arising out of or relating to the appeals from decisions of an administrative official whether the appellant is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and expenses incurred by the city, its officers, employees, servants or agents in connection with such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of any of the city's immunities provided for in F.S. § 768.28. (Ord. No. 20-016, § 10, 6-2-20) 34 1449 (Ord. No. 20-016, § 10, 6-2-20) See. 27 97. City Commission. (a) Eligibility. Appeals of deeisk)ns by the City GE)mmissian maybe taken by any aggr-ieved party affected by a C" Commission dep-Jr-A-A-14. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-9699. Withdrawal or denial of appeal. (a) Refiling after denial. Upon denial of an appeal^rn for relief hereunder, in whole or in part, a period of one year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof. (b) Refiling after- withdi=awal with pr-ejudiee. Upon the withdrawal of an appheatiefl, h+ whE)Ie or- in part-, a pefiad of six menths must elapse pr-iof to the filing Of a sUbseqUeRt application affecting the same property E)r- any poFfian thefeof, unless, however-, --e- jjVAit:AtjAP Ph;411 hP iI4PI2PAPPd tA -A twe yeaF waiting peFiedd in the event such -An Application, in whole eF in paFt has been twic denied or- withdFawn. (c) fQ Re€fling after withdrawal withe prejudice. Refiling after timely withdraw. An appeal may be withdrawn with^„* D,--e-judice by the applicant as ^ ma**or of fight' provided the request for withdrawal is in writing and ^ *^a ^a ^ a f6FM r rih-^a by -Ci*�� and filed with the City Clerk at least one week prior to any hearing scheduled concerning the appeal. When an appeal is timely withdrawn, it can be re -filed at any time. If an appeal is not timely withdrawn, the time limitation on refiling the appeal in subsection (a) applies. m sI-Iv;JeEt361-4- * i -Q li�? tAtT'^A-1-4s foo Fe -application apd inr sher-ein shall not apV45- No appeal may be withdrawn after final action has been taken. Adjustments and Appeals and filed with the boafd at least one week prior- to any heaFing scheduled eeneeFning the application; other -wise, all such requests for- withdr-awal shall be with prejudice. When an application is withdrawn Nvithout pFejudiee, the time limitations for - Fe applieatien pFevided- 14 -e -pe -in- shall not apply. N e applicati an may h- e uAth a -f4-:P--P fi--P-44 (Ord. No. 20-016, § 10, 6-2-20) 35 1450 The G" Commission, in acceFdance Nvith the poNvefs vested in it, hereby creates and NINE. Boynton Beaeh Afts Commission, hereinafter- I'Ar-ts establishes r the " f efer-f ed to as the rn..,l No 01 _tin § 1 1 _2_02i See. .2 -1 -Ss. (a) The puFpose Fel-ated to the PuFpose 1 and duties. of the AFts Go to advise the City Commission on matteFS plaees,, and- (b) it shall teF eEe be the m-mend guidelines n,1 funding duty of the Afts Commission f,,,. ; r1ementa to act as Oi^r an advisaf:y board to the City (d) The and grant fends; Arts Commission eneeef may feeommend age pttblie and private funding sour-ees partnerships including in the afts; pf:ivate review sources and inake ,,.lat;ons A- als f.,.- -P,-t...A„-1K f.,r PUbl;e h,,;l.ljRgS and publie spacesi eRGOHF-aff fl-AGIAT A -If -Ar--t- J-1-4-t-mAU t -:1-4.P- Cityj' StifnUlat-Pe al -4- ]2P-Ilatwadd -ACA-ilvitikeass and events; Study N.,l-,tP,.a C (e) The AFts t.. -,rt r -Avem- tiff,e Commission -„n.1 implement art pr -o to t;.ti,. shall peFiOdieally g, ains as delegated aadvissee the City to ;t by commi-s-sion the City's of JAS Andings t-mne-Qty OF proposals r„ Sec. 2 156. with Fespeet Organization. te the .---E!-P, 1451 NINE. 1451 1452 .. 1452 isms] New Business 07/18/2023 Discussion regarding artificial reef. Requested Action by Commission: Discussion regarding artificial reef. Requested by Vice Mayor Turkin. 1453 New Business 07/18/2023 Emergency Force Main Replacement - Lift Station 356 Requested Action by Commission: Approve an emergency expenditure of up to $800,000.00 with Johnson -Davis, Inc. for the replacement of the damaged force main piping east of Federal Highway near Lift Station 356 and the Intracoastal Waterway and increasing the estimated annual expenditure for a total of $2,000,000.00, which includes the costs of the emergency response, containment, and clean-up efforts along with other emergency expenditures, as Utilities is dealing with a separate emergency repair at Lift Station 317 west of Congress Avenue. Explanation of Request: On February 21, 2023, the City Commission approved a one-year extension for Bid No. 019- 2821-19/IT for Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water for the renewal term of May 8, 2023 through May 7, 2024 with an estimated annual expenditure of $500,000.00. Staff is requesting an increase in the estimated annual expenditure for a total of $2,000,000.00, which includes the costs of the emergency response, containment, and clean- up efforts. It also includes other emergency expenditures, as Utilities is dealing with a separate emergency repair at Lift Station 317 west of Congress Avenue. On July 3, 2023, Utilities responded to a 20 -inch wastewater force main break east of Federal Highway near Lift Station 356 which resulted in the discharge of untreated wastewater into the Intracoastal Waterway through a conflict structure with FDOT's stormwater outfall pipe. Emergency contractors were dispatched immediately to contain the spill and install by-pass piping to stop the discharge of wastewater. Now that by-pass piping is in place and emergency contractors are working on site, staff is requesting approval to utilize Johnson -Davis, Inc. to continue the emergency work and replace the section of force main piping from Lift Station 356 to NE 6th Court. How will this affect city programs or services? Replacement of the damaged force main 1454 piping will restore the full pumping capacity of the lift station and eliminate wastewater piping within the stormwater conflict structures. This will provide a high level of service to the residents and businesses in the area and eliminate the risk of additional issues with the existing piping or impacts to the Intracoastal Waterway. Fiscal Impact: Funds are available in the Utilities CIP account #403-5000-535-65.04. Attachments: Repairs and Emergency services Bid - Johnson Davis Inc.pdf 1455 7.B. Consent Bids and Purchases Over $100,000 2/21/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/21/2023 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for February 21, 2023 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION RENEWAL AMOUNT NUMBER TERM Madsen Barr Repairs and Emergency Services for Water Annual Estimated Corporation; Johnson- Distribution, Wastewater Collection and Storm Bid No. 019-2821- May 8, 2023 - Expenditure Davis, Inc. Water 19/IT May 7, 2024 $500,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Attachment Attachment Attachm"en"t Description Bid Extensions and Piggy -Backs over $100,000 Renewal Interest Letter - Madsen -Barr Corporation - 2023-202.4 Renewal Interest Letter - Johnson -Davis, Inc. - 2023-2024 1456 The City of Boyy!9n Beach Finance/Procurement Services o 100 E. Ocean Avenue Boynton Beach, FL 33435 P, 0. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 jT MA'% I A Agreement between the CITY OF BOYNTON BEACH and Madsen-barr Corporation. AGREEMENT RENEWAL TERM: May 8,2023—May 7,2024 Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) �a p Z_- 7 f 'i E-MAIL'""John Barr President 1111 11 1 �jh Il'i I Us] *IAIDIR Engineering Contractors - Sewer - Water - Drainage CELL: (954) 401-6758 EMAIL. johnbaff0madeenbarr-oom SOUTH OFFICE NORTH OFFICE (ACCOUNTING) 3600 State Road 7 (441) Ste. 311 12113 Indian Mound Road Miramar, FL 33023 Wellington, FL 33449 America's Gateway to the Gulf Stream 1457 The City of Bo !qn.Beach drR Finance/Procurement Services p pry 100 E Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 January 26, 2023 BID: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No.: 019-2821-19/IT Agreement between the CITY OF BOYNTON BEACH and Johnson -Davis, Inc. AGREEMENT RENEWAL TERM: May 8, 2023 — May 7, 2024 Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) JOHNSON-DAVIS, INC. NAME OF COMPANY NAME OF REPRESEN5IVE (please print) DATE E-MAIL' ... . .. ..... .... . ... . . .. .......... . ........ ... ......... . SL,, GNATURE,,z TITLE . . .. . ..... (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 1458 M BID FORM REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No. 019-2821-1911T The City of Boynton Beach is seeking the services of a qualified Contractor for general repairs made to the City's Water Distribution, Wastewater Collection and Storm Water Systems on an 'as needed basis.' The scope generally consists of emergency repairs to various sizes of C-900 pipe for gravity sewer main; ductile iron pipe for force main and water distribution lines; various types of pipe for storm water conveyance; and concrete structures for wastewater and storm water systems. Set up and monitoring of bypass pumping; dewatering systems; and restoration related to landscaping, asphalt and concrete work may also be required as needed. The work shall be performed at various locations throughout the City of Boynton Beach and extended service areas. Submit one (1) original, one (1) copy along with one (1) electronic copy on a USB thumb drive of this form to: City of Boynton Beach, Florida, Procurement Services, 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Submitted By: Ifi6nayi - Onul t. Date:l (BIDDER) II To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Florida, and must be able to document the required experience upon request. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to respond to requests by the City for repairs and emergency services on an as needed basis and to perform and furnish all WORK as specified at time of need. 2. The undersigned BIDDER understands that Purchase Order(s) will be issued based on Bid prices submitted in response to this Bid. 3. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 4. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-191IT Utilities — Repairs and Emergency Services 69 1459 Receipt of all of which is hereby acknowledged; BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 5. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 6. BIDDER agrees that the WORK will be substantially completed within _120_ consecutive calendar days after the receipt of the Notice to Proceed and final completion will occur within _30_ consecutive calendar days after the Notice of Substantial Completion. 7. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. 8. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 9, Other pertinent information is as follows: 8[ rte 6-CAA) .m...............:...w..?................._.... .....`gid ...��' ......'�� ..._............. License Number rr (Please Attach Copy) w �� ' `� ..i Federal Tax ID# .._.. wp�. ... Federal Employment ID # �$ Submitted on this � day of,._. _ � � �� 20a. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 70 1460 (If an individual, partnership, or non -incorporated organization) Signature BIDDE (If a corporation) (Affix Seal) Signature of BIDDEi B Attested b Secretar Incorporated under the laws of the State of BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON -CONFORMING AND INELIGILE FOR AWARD. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-1911T Utilities — Repairs and Emergency Services 71 1461 The City of Boynton Beach Finance/Procurement Services P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-5310 FAX. (551) 742-5316 N f : IkiI11111A,IkiM DATE: MARCH 19, 2019 BID TITLE: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID NO.: 019-2821-19/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in stFi`ethFe gh type are deletions from existing text. Words in bold underlined type are additions to existing text. 1. The bid opening date remains as April 1, 2019 at 2:30 PM. The location remains unchanged. 2. The Schedule of Bid Line Items with Scenarios - Attachment "E" is revised and attached herewith. The revised bid lines are shown in red font. Please include this revised Schedule of Bid Line Items with your bid submittal. Sincerely, '� '- &) - Aj—NQ Tim W. Howard Assistant City Manager - Administration cc: Finance/Procurement 1462 The City of Boynton Beach Finance/Procurement Services P. 0. Box 310 Boynton Beach, Florida 33425-0310 Telephone. (561) 742-6310 FA,K- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTIO WASTEWATER COLLECTION AND STORM- UTILITY SYSTEMS BID NO.: • RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE 1N ORDER FPR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. /I' I ...,p w Pres` PRINT NAME OF REPRESENTATIVE SIG "ATR O REPRESENTATIVE ............ ..................... NAME OF COMPANY DATE z 1463 The City of ' Boynton Beach Finance/Procurement Services 3301 Quantum Boulevard, Suite 101 r Boynton Beach, Florida 33426 da P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (551) 742-6316 CLARIFICATION AND QUESTIONS AND ANSWERS DATE: March 21, 2019 RFB No. 019-2821-19/IT - "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" Information included in this document will not have a material impact on the submittal for this solicitation. This document is issued for informational purposes only. It is not necessary to return or acknowledge it in the submittal. The following questions were submitted by prospective proposers prior to the deadline and are answered below in bold type: Q1: Will there be a pre-bid conference/meeting? Al: There will be no pre-bid meeting for this RFB. Q2: How will the bids be evaluated? A2: The bids will be evaluated based on the price proposals submitted for each of the four (4) scenarios listed at the end of the Schedule of Bid Items. Award of the contract will be based on the lowest, most responsive and responsible bids received. Q3: I see that there are (4) scenarios at the end of the bid item schedule however it doesn't appear that they will all be used. A3: Please refer to the answer to Question 2 above. Q4: I would assume bonding would be a requirement, how should it be included? A4: This is an emergency repair bid for emergency work. The City does not require performance and payment bonds. Q5: Will there be a public bid opening? A5: Yes, bid submittals will be received by the City of Boynton Beach, Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 on or before April 1, 2019, no later than 2:30 P.M. (local time) If you have, any further questions or require additional clarification, please e-mail Taralyn Pratt, Contract Coordinator, prattt(o)bbfl.us or phone (561) 742-6447. Sincerely, Tim W. Howard Assistant City Manager—Administration Services 1464 ATTACHMENT "E" 0- REVISED PER ADDENDUM NO. I - ATTACHMENT TOTAL, !(UNITT-- DESCRIPTION OF BID ITEM . .. . .......... ...... . . ...... . . ............. . G C-_1 ..... ...mer E1g!�n,M,R�ilization/Demobil�ization Costs foi- Rear Easernent.repairs .......... ... .... 1-1111111- ........... .......... GC -2 Emerqeng M2bifization/Dernobifizatjon Costs for Utility Ri ht of Way repairs GC -3 NON-Eme ........... . ...... r9 _Mobil izatio2�PtE!o �bi i�ati2n Costs for r R,,ear.Ea,semen,t1r,e,pa1.rs .............. GC -4 NON Emergency Mobilization/Demobilization Costs for Utility iq,hi! of Way repairs GC -5 Record Drawing .......... . GC -6 Construction Survey G iri-f �s Construction Dq"Ltal Photos M.C.T. Residential Street . ............ ...... GC -9 MO.T. City Arterial Roadway . ...... . .. ...... . ....... k-,-1 0 -M—,.,0--T—D-0,TRoadway , . . ........ GC -11 1 Bacteriological Testing and Clearance of' Water Mains (actual cost reimbursement by City) . .......... ........... GC 12 ts (actual cost reimbursement by gLty GC 13 ProctorTess t (a�qfqai cost reimbursement b gLity,� . ...... 14 .......... F,.[..o.ri,d.a B e,arinf; Valu T s actual qq§t reimbursernent,,�y . - -.11, 1— .... ..... .... . !� q Is (_ . . . . . ............. GC -15 LBR Test (Load Bearing Ratio) (actual cost reimbursement by City) b u,rs,e,m,,,-e—n,"t b .... ....... .. �,actual cost rein _y �Yl,.. .. ............ ... 6,6--1 7, , Applicable ,...." —Per -m, it"s (actual cost reirnbursement bar City) L LS EA EA 147 EA ALLOWANCE ITEM BP -11 1465 BP -2 LF LF L_ F F DF C F -- t_F= LF -L.' F LF LF LF C'F . ....... (' i <)--() 1466 ATTACHMENT "E" BP -3 1467 FXL; V 10 " Li r- " FX /-ILJ Li " 114 11 U IVI I'm W. I - N1 I PA%.# F-11 IV[ v_- IV I I_ - ITEM DESCRIPTION OF BID ITEM U ;N1 T�TOTAL Furnish & Install 16 -Inch PVC - C900 Sewer Main in Rear Easement at a depth of: Wi4-,4Y 0'- 6'FT D LF ,SWR 44 6'- 8'FT.Deems ........ ...... LF 25 SWR 5 LF §,,— -'Wk-]C6 . ..... TY TY P99EL LF 11W.1 -1-1--l- ............ S 47 1216 FT Dee 2'-.......................... ...................... . ........................ . ............... ........ . . . . ......... LF SWR -48 1 6'- 20'17 Deep 16'- LF Furnish & Install 20 -Inch PVC - C900 Sewer Main in Utility Right of Way at a depth of: Furnish U rn Install ish: � :::� _w ............... 49 0, e 6 e . ........... - — - . .. .... §W'[�-5O 6- - 8- FT De�e' 8 8'FT DE LF SWR -51 8'-10'FTDee_p_ ------..... . ........ . !::f --. ---11111L . ... .. ............ SWR 52 1 2'--F-T-'-D-eep Deep_vv_ LF SWR 3 —._ ............... 1'6' F"T, LF .. SWR 54 1610'..._1"21 Dee. - 20 FT � ) . . LF .......... .. ..�_ 2(1, Furnish & Install 20 -Inch PVC - C900 Sewer Main in Rear Easement at a depth of: SWR 55 0'- 6' FT DeeC __ . . . . . . . ... . ............... . . ...... ... ..... SWR 56 6" FT Deef�_ ........................... . ............. SWR 57 . ...— . .SWR Deep Y� P .... ........... . --1 LF ............. . ........ 6) -58. 1 0 2"—'FT, D e e p .............. ..... ....... .. ... . . . .................. . ....... . . .......... LF ........... . . . .......... . . . ............. R-60 16'- 20' FT Deep LF Furnish & Install 24 -Inch PVC - C900 Sewer Main in Utility Right of Way at a depth of: SWR 61 0' � 6' swR -62 6'- 8'FT Deed:: .... . . . . ........... LF )00 .1-1- ........ SWR 63 --- ... -111,111 . 8'-10'FT Deep, ---- -- -- ... . . .......... _LF ............ -�7 4 10'- 12 FT Deep ..................................................... .. 1w6'FT De!�p . ......................... 1 . - . - LF . SWR 66 16' 2 0 ' F T Deep L F Furnish & Install 24 -Inch PVC - C900 Sewer Main in Rear Easement at a depth of: — ... . . ....... — 11 1 .......... . ...... .. RR -67 .... 0'- 6' FT Deep_ . .... . ... . ..... ............. - ......... . ........................ L � ��=;! . SWR -68 6'-M8' FT Deep Deep._ ....... LF R-69 8'-10'FTD, epLF� .. . ............... . ......... LF S ........... . . . ......... . . . . . ....... ...... SWR 72 . ......... 16'- 20 FT D . . .. . .... . . ......... .............. . . ........... . . ... BP -3 1467 ATTACHMENT "E" RG M1%;7"LJ I'GR MIJ IJ V_ 114 UvIVI I'm W. I" M I I M%.# 171 IV[ a I'm 1 G ITEM DESCRIPTION OF BID ITEM ��UT TOTAL Furnish & Install 8 -Inch Epoxy Lined DIP Sewer Force Main in Utility Right of Way at a depth of: ,,WR 73 0 3 FT Deep . .... _....... .w .... ..........M . SWR 74 3 6 FT Deep -...w. i .. ......... ....... LF ._. SWR 75._ .8..FT Dee „...... ......._. __...,................. ...__...._...... -w._.-_ LF " p� ........ SWR -76 8'- 10' FT Deer) LF 151.2 _...._., ........ .. Furnish & Install 8 -Inch Epoxy Lined DIP Sewer Force Main in Rear Easement at a depth of: SWRSWR 77 0 TFT Deep LF 8 _ _ .. 3 6 FT Deep . SWR 79 6 8. FT DDee SWR -80 8' - 10' FT� LF ms,µ - n in Utility Right of Way at a depth Furnish & Install 10 Inch Epoxy Lined DIP Sewer Force Mai Ut y g y p of: -81 SWR_1 3N FT Deep _ ...... ...... r SWR -82 ................ 3'- 6; FT..De _.._........_-....... .-- _._ ..... ........ ....... _,_ w__.. .. ......... __... �F ......... _._._ SWR -83 6 8 FT Deeps, SWR -84 8' - 10' FT Dee . _...L_F ��..-` ..... ...... Furnish & Install 10 -Inch Epoxy Lined DIP Sewer Force Main in Rear Easement at a depth of: SWR 85 0 3' FT Deep _ LF ... SWR 86 _ �' - 6' FT..DBe.... ............ _._ .......... _ __ _ ..... _ .-L.F ._ . n w!......... 7. 8' FTyDeere .......... _....._�......... LF`} SWR -88 . .... ........._-_ r W - 10' FT Deep _ ._LF.__ �..__._...... _... Furnish & Install 16 -Inch Epoxy Lined DIP Sewer Force Main in Utility Right of Way at a depth of: SWR -89 0'- TFT Deep ... �.F ._ . _,j W-11,111,11-11-1-1-1-1 R SWR -90 ....._... w ........ ... 3' 6' FT DeeC _.. _..._. ...., ...._ __.. 1111__..._ . ... _-. - ....... _ . �F ._ _... w ......... SNR-9.�... 6 8' FT Dem.....--_ _ ww _ _. _1111_ ....._w._,_ ..... ..........�...... _ _ 1111._. ............ 1111. _..._ _. _ .. LF ' ,v _42, 8' - 10' FT beep _ L.F� . :'. ! 1111. _w.. _1111._ Furnish & Install 20 -Inch Epoxy Lined DIP Sewer Force Main in Utility Right of Way at a depth of: SWR 93 0' - 3' FT Deep...__M - 1111. __. _._.. LF'..` r )1111. SWRm94..3 .__ _1111 6...._FT, Deem LF " _ .. SWR -95 1111._e 6 - 8' FT, De _ _1111... 1111 _..._ �F...... ....... .. SWR 968 p 1„0 FT Deet” ..................... _ _, _.._........._ ... �.F C 2,w'... ,, , BP -4 1468 ATTACHMENT "E" rX L__ v I %;p L__ 1j r- r_- r1k PIUJ Lj r__ 114 U v I v 1 114 W. I - HI I M%-# r_1 I v I r_- I m I L__ ITEM DESCRIPTION OF BID ITEM Furnish & Install 364rich Epoxy Lined DIP Sewer Force Main in Utility Right of Way at a depth of: 97- 0'- 3' FT Deep F, fib eeE� ...... . ... . .... . . ... ........... . . ..................... . . ....... ........... . ..... SWR 99 8 FT Deelm,r . ............. . ......... ..................... . ...... . FT be Reconstruct Sanitar" Sewer Lateral Clean -Out SWR-ou �sinc le _1 0 1 Reconstruct S t anita fy§,qv�qr 6" Lateral & Clean _ t . ........ . . . . ........... � Reconstruct Sa�njtaEl, E 6" Lateral KClean-out (double), . . . .............. . SWR 103 Ductile Iron i s for Wastewater Force Main with Accessories E tt-i n- 2 ....... - . . . ........ . ........... ...... . ................ ............ . . . ... ...... . . . . . ....................... . . . . . . . . . . . '§W' T64 Additional..."'Pipe Crew Hours for installation Furnish &Install Me a -Lu, Joint Restraint for DIP 105 4" Me a .......... ................. . ............... . . SWR -�ya.�2!ntf��graint for DIP ............ . . . . ........ . 6" Mena R L _49int-Rest.rain.t.for D11P.-... .....""""""""""� . ......... .......... . ...................... -7 Mqa -Lqg Jp�qjtEqstraint for DIP . .................... . ........ . .. _'ib "I SWRMqc,'.Lq� - ..�qjoinestr t Restraint for DIP . .......... . ......... . SWR -109 12'M,eoa Luu Joint Restraint for DIP SWR 110 16"m Meda Luh oint Restraint for DIP .......... .. SWR 111w 24"Mpjq-Lqq Joint Restraint for DIP .......... . . . ....... 12 36" Mer�.:a-Lu Joint Restraint for DIP Furnish &Install Me a -Lu Joint Restraint for PVC - C900 SWR 13 4" Mena Lu: Joint Restraint for PVC - C900 . . .......... jJoint.. Restraint Restraint for PVC - C900 ............... . .... .. .. 115 8" fAacaa-Lu< Joint Restraint for PVC - C900 Furnish & Install Joint Restraint gg_sket SWR " Joint Restraint Gasket (Field Lok or Fast . ....... .. .. .. ........... .............. ....... . .............. ........... 1 4 7" J"oi'nt'RRestraint Gasket(Fied k or Fast Grip) E, ....l.. I-, .............. Lo ............. . . ......... .... . ............... ........................... .............. I is 8" Joint Restraint GasketiField Lok or Fast Grit . . ........... _,f.! SWR 119" _1-0 . . ... ... . . . Joint -Restraint Gasket "" (Field Lok------- or --- Fast Gri[.'�__,, ...... . ... . ...... . . ............. - 12" Joint Restraint ,- Gasket t' (Field Lok or Fast r .JR -120. .........'Furnish & Install PVC - C900 Bell Joint Restraint SWR 121 4" PVC - C900 Bell Joint Restraint � '"..........-,_..........-..-...,.....-..,-...,... ",.. ........'....".."......................... ............ . . .. C.C600Be..Jtsn.SR-1226P . ........ ................"'"' ............. . . . . . SWRT PVC C900 Bell Joint Restraint ........................ . . . ...... . ................ . ... .. ............. ...... . ..... ............... .......... UNIT I TOTAL EA EA (A EA BP -5 1469 ATTACHMENT "E" BP -6 1470 ATTACHMENT "E" 1471 ATTACHMENT "E" BP -8 1472 ATTACHMENT "E" BP -9 1473 INC_ V 10 r_- U 1 -GR 1-U7L/ I_- IN tj U IV] 114 V. I - KI 1 1-1 [Iff E_- 114 1 L; ITEM DESCRIPTION OF BID ITEMT1 =TOTAL Furnish & Install Joint Restraint Gasket TR 38 6" Joint Restraint Gasket (Field Lok or Fast Grip EA NTR-39 ............... ... .... ..... .. . ......... .......... 8" Joint Restraint GasketLok or Fast Grip)w. . .......................... ........... EA fR. .. � -- -40 .......... - ...... . . . . ..... ,(Field 10" Joint Restraint Gasket (Field Lok or Fast Grip) 1--, . ........... ................................ 11,11,111,111, ...... . . . . ............ . . .. ........... A w I..-.-. TR -41 .... I . - -1,- 1.111,11,111.1-111-11. ...1--- 12" Joint Restraint Gasket (Field Lok or Fa!��.._.__ EA Furnish & Install DIP Bell Joint Restraint -WT-R--42'6" DIP Bell Joint Restraint EA Imo} WTR-438' .... .... ...... . . . . . .................... ..... ._w . ................... ...- Bell DIP Bel Joint Restraint ... . . . . . .......... . - — --------------------- - - ....... . . .......... . . ..... EA . ------- ...........-... .. , 4 ;- --WfR- i6b1P Bell Joint Restraint EA TR -45 T- .. ....................... .......... IP Bell JointRestraint ....... . ..... ------- EA ............... l.- Wfk46 14" DIP Bell Joint Restraint i��4y - --.- . .................... . . . 1P BinRestraint DIell Jot strt .... .. A E.. - TR. -48 1--.-.-.-.16" - --- I . . ..................................... 24" DIP Bell Joint Restraint A WT R --49 I, oint Restraint ke-s-i-raint" - --- — -------------- - - - ----- ... . . . . ........... ............... . .......... --- ---- . . ............ .... --- . . . .................................... . . . .................. . . .. . ........ ,125 EA Ulf, .. . ........... EAi WTR-51 ................. . . . 42" DIP Bell Joint Restraint EA Furnish & Install Gate Valve & Valve Box WtR-52 -4-" Gate -Valve & Valve Box .... , .......... . . . ... . ............ . ...... - - ----- -6 EA VTR -53 " G, a"t-e-Valv"e & V a' Iv e B-o'x . . ........................ .............. . . . ... ....... EA WTR-54 8" Gate Vall e & Valve Box .. . . ....... ............ . ...... ......... .. -,--EA- WTR 55 —10"",-G, Gate Valve &, . ...... . V, a"i v e -B-o x, .. . . ...... ..... .... ... �6'"i"2F.dait.e. Valve & Valve Box EA I TR -57 ............. . . . .............. . . . ..... . " Gae Valve & Valve Box Gate 16 ..... . ................ `�.LC2 (2- ;�WR -58 20 -11, 11 . . . . ....... . ...... . . ..... .................................... . " Gate Valve & Valve Box .. . ........... ........... . . . ... .... j �. -EA_ f WTR10 -59 24" Gate Valve & Valve Box EA � WTR-60 .............. -.- ....... . . . . ............ . .... . ....... 36" Gate Valve & Valve Box EA Furnish & Install Butterfly Valve &Valve Box 61 FButte�rfly Valve & Valve Box .. . ............... . . . ........ . .......... .. .... .. -,-,-"EA- EA . ..... . 7 �jp, -1-6," TR 62 'B'u't'te"r-f"l,y,-V-a,l"v-e ---- & -Valv,,e,B-o x-,", 00 Valve & Valve Box . . E A OQ .... . .... ..- WTR-64 ?T�B�i4tte�rfly 30" Valve & Valve Box EA 65 ButterflyWTR Valve & Valve Box . ..... EA �-WTR-66 ................ 42" ButterflyValve & Valve Box . . ...... . . ......... EA .................. . ........... . BP -9 1473 FAVI C P]:IiviIAL41 MAA BP -10 1474 ATTACHMENT "E" BP -11 1475 FXLL V 10 LL LJ F- r-- FX Jw%U U F- 114 U %J IVI IN W 1 1-%%-* n IV[ r-- 1*4 1 F-; ITEM ITEM M DESCRIPTION OF BID ITEM UNIT UNIT TOTAL . ......... STORM WATER Furnish & Install 15 -Inch RCP Storm Water Main in Utility Right of Way at a depth of: 10- 1 0'- 6' Ft. deep ........ . ----- --- LF --LF mm.8' -1F,,---deE . . . . . . .. . . . . ................. . .......... ........... . . . . . . ......... .......... . . . ........... Furnish & Install 15 -Inch RCP Storm Water Main in Rear Easement at a depth of: STM 3 0'- 6' Ft. de . . . .... . . . . ....................... . ..... . . . ......... ...... . . - ................................... - L Ft. de LF (f .. . .......... ........... Furnish & Install 24 -Inch RCP Storm Water Main in Utility Right of Way at depth of: ---l' STM -6 6'- 8' Ft. deep LF .. .. I'll, ............ Furnish & Install 24 -Inch RCP Storm Water Main in Rear Easement at a depth of: - . -7 STM,,, 0'- 6' Ft. de e2... --- - . . .............. ........... -,F-,t,. LF ..... .. ......... ........ BeekLF Furnish & Install 36 -Inch RCP Storm Water Main in Utility ROW at a depth of: T-9 -t 1� - �1� � ` . ......... . 7� ) 1-1111,11.1-1-1 ..................... 0 ,Q, -L ............. . .... .. .. . . . . . . . . ......... . ..... . . ......... ................. .. .. .. . ................ 6 8' ..... F t. ddee ................ . . . . ...... ................ . ........... .. . . �-1 1 8' - 10' Ft. dee) LF Furnish & Install 36 -Inch RCP Storm Water Main in Rear Easement at a de, th of: STM 2 0'- 6' Ft. deep .......................................""""....".w..." "" _... _"- - ----- - - STM 1-3 ._w.. ...... -6 .. .. ..... ..........8 -7 - Ft. .... deet -e jD STM -14 8'- 10' Ft. deep LF . . . . ............... Furnish & Install 42 -Inch RCP Storm Water Main in Utility Ric ht of Wa at a d'--" STM -15 0'-6'Ft.dee p LF 16 6' e p 80 F t. d STM -17 w..._ ....... -.- ..... . . ... ..... .... ......... ........ 8 - 1 Ft. d ee '' ......... LF .. Furnish & Install 42 -Inch RCP Storm Water Main in Rear Easement at a depth of: ............ ...... STM -18 0'- 6'Ft. de . . ........ . . ........ . . . ..... .. . ..... �1 74) - -11-1 .. STM -19 -- .. . ....... -".- . ... . ... . ......... . .... . .............. ..... . ..... . .. ... .......... . . ......... . .. STM 208 - .-- 10 dee2 . . ....... . . . .......................... . . . . ........... ..... ..... . ....... . ..... LF ..z z BP -11 1475 ATTACHMENT "E" BP -12 1476 F -"FN PALJIJ"I'VIJVIYI 1'4W- I - PA I I IV L -I'M I ITEM DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install 60 -Inch RCP Storm Water Main in Utility Right of Way at a depth of: STM 21 — 0'- 6 F. deep — -- — - LF . . ........................ . STM -Z- 61'� 10"Ft. dee2www LF ��tm-24 - 1 .1 0' . i . 2 Ft. d e LF STM -25 12'-15'Ftd LF ua.o. ..... . . .................. Furnish & Install 15 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: STM -26.....0'_ - 6'Ft. de . . . . ................ ......................... — . . . . . .... . .............. Sl M-27 . I- Ft. e L F Furnish Install 15 -Inch CAP Storm Water Main in Rear Easement at a depth of: M:72 8 I ..... ........... .. . ........ . . ... 0' - 6 Ft. de . ................ . .. . . .--- .......................... . ...... STM -29 6'- 3" Ft. deep Furnish & Install 18 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: STM 30 0'- de p ....... - - ------- .. ..- . -STM STM -31 -31 ..6.......'......Ft, 6'- 8' Ft. deeLF . . ....... .... ................0 1 5-------- . . ..... J IFurnish & Install 18 -Inch CAP Storm Water Main in Rear Easement at a depth of: STM �3 6' Ft. ............ .................. .w. L STM -33 6'- t. dei L Furnish & Install 24 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: STM 34 -FY---6'Ft. dee-L . . . ......... --- -------- - --- 111,11,11,11-1-1-1 ---- ...... . ..................................... ............................. . . . .......... F STM -35 . ...... . ....... 6'- 8' Ft. deep - ---------- Furnish & Install 24 -Inch CAP Storm Water Main in Rear Easement at a depth of: TM 36. 011. 6Ftdeet ......... - ----- . ......... . . ................... . ............................................LF " , ' . .......... j'If.M......-....3- T6 Ff..dep........ ...... . .. LF --LLI L.I...... BP -12 1476 ATTACHMENT "E" BP -13 1477 RCYIJCL/ rGR !-WIjI_-INLJVIVI [IV W. I - hi 1/`lL+"IV[ CIV 1 G [ITEM DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install 36 -Inch CAP Storm Water Main in Utility Right of Wags at a depth of: STMM38 Ftde 0' 6. ed`' ......... .v.. _ .... ._......�.- ..... _........ .._..... ...... LF ... . .. ._.... ...�.... _., ......_..................... _..._._ ...._..._ _...___.w_ . v .. ....._._ � LF .............. .. STM 40 6'- 10' Ft. dee:: LF f) Furnish & Install 36 -Inch CAP Storm Water Main in Rear Easement at a depth of: STM 41 0'- 6' Ft deet .. . 2 ST3 M 4.� 6' 8"-,F t'.de e�� ........................�� w ... ......... ......_ .... _� .... LF � � C"6 STM48'- 8' - 10' Ft. dee .. Furnish & Install 48 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: _..._LF... .�.w......._..... STM 44 0 6 Ft deep __............... - STM 45 6 8' Ft dee�_.._ ......_ ......... .�..� � �........_ .._.� ... LFA LF �n .. _.w STM 46 .. 8' 1D Ft...d."_._. LF STM 47 _. w ______ .... _......_ .. _...._.. .. 10 - 12' Ft. dee ° LF Furnish & Install 48 -Inch CAP Storm Water Main in Rear Easement at a depth of: STM 48 0 - 6' Ft. deep .......... ......_ _._. .__________......_ _STM 49 6 8 Ft deed _ _........v.._........__..k_. ._..._ LF STM 50 8 - 10 Ft. dee�.w. ...... _.-.......... _--___v. __.._ ..._ .. ....._ ... ..., _w _._.ww......... J. _......�F..- STM -51 10'- 12' Ft. dee pLF Furnish & Install 60 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: - 6 Ft deep LF `� STM 53 c' - 8 Ft dee _.__.... ........... w ..._ v,.. .... _.. a....- 8' Ft..................deep ..L.. .._ V-'5, 4 6 10 Ft. dee _. .... .... �........... __....... LF t� ..... STM µ55 10 - 15' Ft. deer) ....m.LF � , n,7 .... __.....w. Furnish & Install 60 -Inch CAP Storm Water Main in Rear Easement at a depth of: STM D'. 6' Ft. deems ... ............... _ _-.._... _. ...- .. __........._ _ .�.........._...' J .......... .. -56.. STM 57 6 8Ft deet LF �! ... "� STM -588m 10 Ft deet......._ .. _ ._ LF ,TM -59 ! _ 10'- 15' Ft. dee °. LF Furnish & Install 72 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: _._ ...... STM 60 0 6 Ft. deep ...... _ ._._. __.. _ _.._ ....._..... _. ....._................... .....W_........ LF STM 61 __..__ - ..__.... __....... _ ...... 6.. 8 Ft deep m. STM -62.8 ......._ _. _. ..... ................. ........ .......... .......6 Ft. deep, _..........., w .. _._........ .w.w.....w .a. _...LF .... ... s� _.... ...__... STM 63 10 15 Ft deep _._...__. w-.v_..m..__ LF to tri BP -13 1477 ATTACHMENT "E" BP -14 1478 RCYIJCU I CR MUUGIVUVfYI IYV. 1 MI Ifr►\✓IIIYIGIY 1 G ITEM DESCRIPTION OF BID ITEM UNITTOTAL Furnish & Install 72 -Inch CAP Storm Water Main in Rear Easement at a depth of: )TM -64 0 6 Ft deepLF .. STM-65 6 8 Ft dee �E w..... LF _ 1 STM 67 8 10 Ft dee � ......._ W __ _ _... ...... ...M... _ ....__....w. LFA i 66 STM ........ 10'- 15' Ft. deen .._ .LF ....�....[.�..�..`��........... ... Furnish & Install 12 -Inch HDPE Storm Water Main in Utility Right of Way at a depth of: STM 68 0 6 Ft STM 69 ......... _ ._ .... __......_ �....... 6'-8' Ft. dee i LF Furnish & Install 12 -Inch HDPE Storm Water Main in Rear Easement at a depth of: STM 70 0 6' Ft. deed LF . j _STM 71 _ ._ ..... _..__.._w_.._.ww......kk...._ _ _-w.... !6' - 8Ft. dee a _ LFA Furnish & Install 15 -Inch HDPE Storm Water Main in Utility Right of Way at a depth of: STM 72 '0 6' Ft. deed, ..... ....... _.... - ____w_ _..............vw........__ v_.. __ .__-w_........ ..............w_.w .. ............STM En- -73 6 - 8' Ft. dee ) !% ....___.._. Furnish & Install 15 -Inch HDPE Storm Water Main in Rear Easement at a depth of: STM 74 0 6' Ft deep STM 75 6'- 8' Ft. dee;,) LF �7 Furnish and Install 18 -Inch HDPE Storm Water Main in Utility Right of Way at a depth of: STM 76 e ¢� 6' Ft. de....l °_........ _..... .. .....www------ LF I STM 77 STM-77 _......n._............._. k> - 8' Ft. dee. LF `� � `. Furnish & Install 18 -Inch HDPE Storm Water Main in Rear Easement at a depth of: .. 0 6 Ft. deer.: ____ .......... .. .......mm,, _ _ _ _ _ ..._....... .......... . ....... _. __ .,, ,....,w._. F (I E 'TM -79- .... 6 8'Ft. dee L LF L.�f .. Furnish & Install 24 -Inch HDPE Storm Water Main in Utility Right of Way at a depth of: STM 80 0 6' Ft deed �P .... ID dee _, .. „ �F �F ..� ._..w........ Furnish & Install 24 -Inch HDPE Storm Water Main in Rear Easement at a depth of: .......... ............... __.... mSTM ._ ...__ _..._.....__ ........._..w._..... _ ....... ..... ...... F 83 .,...a... ._.._�................... _--....,.. 6 8' Ft. Dee � F.4 .... Furnish & Install new FDOT approved Standard Precast Concrete 48" diameter Manhole to include Bench and Ring and Cover in Utility Right of Way at a depth of: STM 84 0'- 4' Ft. deem �,. STM 85 4 6 Ft. dee :ro 6.. 8' .F.t•...deeJ12 ... .. EA EA � y /'� (i —a2 I... BP -14 1478 ATTACHMENT "E" BP -15 1479 IN[ --V U F- r --FX /"LUUCIVUVIYI IVV. 1 - hl If'[Vfl1Y1CIV 1 C ITEM DESCRIPTION OF BID ITEM UNIT TOTAL STM -8$....10__ 12' Ft....dee4 _.. . ... .. .... .....EA. 1..2 Q � .�......._... Furnish & Install new FDOT approved Standard Precast Concrete 48" diameter Manhole to include Bench and Ring and Cover in Rear Easement at a depth of: FS7M 8 9 - 4' EA 4t"" 6 Ft. dee _........._._ ....._.... _ EA STM 91 _. 6 $ Ft. dee � EA c i S TM -92 .8' - 10' Ft. dee : _... _..... __. .............__.. _............... _.._ EA ..� ... �41 Qt'70_ .... STM 93 ...... w 10' --12' Ft. dee. EA f..��.� a �' ......... Furnish & Install new FDOT approved Standard Precast Concrete 60" diameter Manhole to include Bench and Ring and Cover in Utility Right of Way at a depth of: STM 94y Q' - 4' Ft. dee a _11, .......__,_.., EA .w.. _. ... STM -95 i,4' - 6' Ft. deep EA f 00 _w STM 96 ... 6'-8' Ft. de -. __.. . E.A STM -97 8' - 10' Ft. dee _ ....... wa... .. ........_.._.... .. _....... EA ._...,�'''... STM, ...... . 98 10'- 12' Ft. deep ..�, . w.,.,. � ,...... Furnish & Install new FDOT approved Standard Precast Concrete 60" diameter Manhole to include Bench and Ring and Cover in Rear Easement at a depth of: .STM 00 4_w- 6 Ft. dee _ . .. .._ .... _............ ....... p ......._.... EA ) _.. TM -101 6 8' Ft deep .. EA Ft deep' EA zea' �� STM 103 ?..1 10 ...10 12 Ft deem ... EA .,.,...,.. 4i BP -15 1479 ATTACHMENT "E" BP -16 1480 ATTACHMENT "E" rX r- V 1%7 C LJ r, G;; r% J61LIJ LJ C I 14 -11 LJUIVI J1q%J. 1 J6%1 JJ6,%%.0nJVJL 4 1 ITEM �...DESCRI�PTION�OF BID �ITEM_ RESTORATION T- _6UN i TT'(" f TOTAL R-1 Removal and disposal of 6" .thick concrete . ........... . 11 - .._1 . ....... SF R-2 Furnish & Install 4" Concrete without wire .. . ....... ............ . . .. .. . . . ........ . ..... .......... SF R-3 Furnish & Install 6" Concrete without wire . . . . .......... . . . . ........ . . __ - — ....... .... .............. ... . .... . . SF . ........... . . . . ........ - R-4 Furnish & Install ADA compliant detectable surface . . ................. .. . .......... EA R-5 Furnish & Install FDOT Type "D" Curb - by hand LF R-6 Furnish & Install FDOT Type "D" Curb - by machine . . ................. ........... - — . ............ . . ........... . . . .. . . . ......................... . ....... LF . ........... R-7 Furnish & Install FDOT Type 7" Curb - by hand . .......... . . .......... ..... LF R-8 Furnish & Install FDOT Type "F" Curb - by machine . ......... . . ............... . . ...... LF R-9 Furnish & Install FDOT Valley Gutter - by hand . .... ..... . . . ... . ......... ............................................... LF ................. -1111-11- R-10 Furnish & Install FDOT Valley Gutter - by machine . . .. . ................. .. . ....... . . . . . ............. . . ....... . . ............ . . ......... - . LF . .. ......... — R-1 I - -1-1-1-- Furnish & InBahia Sod - up to 1000 SF . . .... ... . ... . -11-1-- - 11111I. -I .. . ... .... . .._....r...._ .................................. SF R-12Furnish . .............. & Install Bahia Sod - over 1000 SF .. . ..... . ..... . .. .. ...... - ................. - SF — ------ R-13 Furnish & Install Floratam Sod - - up to 1000 SF__ -- . .......... l- ........... . . .......... . ............ . _§F. R-14Furnish & Install Floratam Sod - over 1000 SF . . ........ . . .... 111,111,111,1111-1 . ...... . ..... ....... .. . . . .......... _§E. R-15 Furnish & Install FDOT seed & mulch mix . .............. ..... ..... . ..... ...... . ............. ... SY ................... R-16Furnish Operator, Water Truck and Irrigate Sod or Seed Mix ............ ........... . .. .. .. ...................... HR R-17 Removal and Disposal of Existing Asphalt Pavement ---------- ...... ....... SY R-18 Mill Existing Pavement (3/4" - 1" avg) . ................... - ..... . ..... ...... . . ..... SY R-19 Furnish and Install Asphalt Overlay, Type S-1 11 (3/4" - I" avg) ..... . . .......................... .................... . - . ..... ... ....... . . . SY R-20 Furnish and Install 1-1/2" Type S-1 Asphalt First Course . . . . ....... SY R-21 11 'Furnish and Install I" Type S-111 Surface Course . ........... SY Furnish and Install 1-1/2" SP -12.5 Asphalt First Course in FDOTIPBC Right of Way SY R-22 . . . . .......... . ...... . ......................... . ..................... . ... ...... R-23.______Furnish and Install 1" Type FC -9.5 Asphalt Surface Course in FDOT/PBC Right of Way SY . ................. . ....... R-24 FDOT Flowable Fill (Excavatable) .... . ....... .... ............. . . . . . .......... CY R-25 ........... . Leak Repairs (structures) - Grouting 1 1-1-1111111111- . . . . ............. ... ......... __ � -1.1- . . .... . . . . . .......................... ...... GAL . ........... R-26 Ground Stabilization Grouting ................. — - - — __-- - . . ..... . . . .............. ............ . ............. CY R-27 . ........ . ..... 6" Limerock/ Crushed Concrete Base, primed - - ...- . . ... . . . ....... . ...... . . .... ......... . .. . ................ ............. . SY . ....... R-28 8" Limerock/ CrusheConcrete Base, primed d . . .. ... . ... .. SY -29 R -------.... rade 180 . ............. ................ R-30 Adjust manhole ring and cover to grade EA R-31 -1..........." Adjust valve box to grade - .................. . . . ... . ..... . . ........... EA 1-1-- R-32 Brick paver remove/replace (1 1/2" sand, 6" limerock base, 12" compacted subgrade) . . ........... - . . ...................... __ -111.1.11111 . .......... ....... . .......... SF BY-PASS PUMP SET UP WITH BY-PASS PUMPING 66 - ----------- .. . . . ... ...... . . .... Bypass 8" Sewer Set Up . . ............... ...... .... EA lb -1.1.1111111 .......... ...... ypass 10" to 12" Sewer Setup ..... . . .............. .. . ........ EA ... .... Bfj-3 ... . . Bypass 15" to 18" Sewer Setup EA ................... ........ Bypass 24 Sewer Setup . ...... . ................................. . . . . . ....... B_P-.5.._ 1. . . Bypa,s,s 4" PYT-p-Includin Monitoring .., .... __ 111. - __ 9J. - ____ - - 1.1-111111- . . . ......... DAY BP -6 Bypass 6" Pump Including Monitoring DAY" 0 BF 17 1481 ATTACHMENT "E" FX L; v I %J c v r c tz 1*%U U G I'M 1.J V 11f I I'M 1.J . I ' ry 1 1 t V t IC 1 v 1 L_- I- M EM DESCRIPTION OF BID ITEM UNIT TOTAL 8 Bypass 10" mp Including Manitanng DAY m µ i d Bypass Pu mp Including Mani#wring DAY.r tel) WELL POINT SYSTEM AND DE -WATERING WP-1__]We iLt,systern mup to 150 points complete Well Point systemwith pump and jettingequipment, and Monitori with more than 150 points complete with pump and jetting equipment, an WP -2 Monitorinq -1 Removal & Disposal of unsuitable in-situ -2 Imported Backfill &Compaction RE MATERIAL DAY DAY CY CY BP -18 1482 ATTACHMENT "E" MR DESCRIPTION OF BID ITEM RKMA PLEASE PREPARE YOUR PRICE PROPOSAL FOR EACH SCENARIO OUTLINED BELOW BY USING THE PRICING SUBMITTED ON THE ABOVE BID ITEM PRICE SHEETS (Pages BP-Ythrough BP -/9) AND SUBMIT ONYOUR LETTERHEAD. BID No.: 019-2821-1911T SCENARIO #1 8 -inch sewer main in rear easement of o residential neighborhood at 18 -feet deep. Bypass 300 -linear feet of sewer mmin, excavate and devvotermjth well point system /180 well points) to repair and replace 10-fe*t of PVC pipe with C-800 PVC pipe. Reconnect one (1) 6 -inch eovver lateral, backfill and restore 2,600 SF ofF|0ra(am nod and water in Sod. | SCENARIO #2 Emer.genc Repair: 16-|nchsewer force main inutility hQht-Of+mayat4-feetdeep. Repair and replace 04botsection of 16 -inch C|PvWth 16 -inch epoxy lined DIP with fittings. Backfill in |Ute. restore 400 SF0fF[)OTapproved asphalt and 1.500 SFofBahia sod and water insod. SCENARIO #3 Excavate and devvmterwith well point system (10Owell points) to repair and replace 20 -linear feet of 48 -inch stomnvvater CK4P with 48 -inch CAP 1O'feetdeep. Restore anarea of3.00O8FofBahia sod and water insod. SCENARIO #4 20-inchvalve ie leaking in FD[q'roadway. Replace 20 -inch butterfly valve, 10 -feet section of 20 -Inch DIP and approved fittings. BeokfiU excavation in 12 -inch lifts with FDOT approved rock. Restore 500 SF of asphalt. "Construct with Confidence" April 1, 2019 Mr. Tim Howard Assistant City Manager City of Boynton Beach 3301 Quantum Blvd. Boynton Beach, Fl. 33426 Re: Bid No. 019-2821-01 / IT Repairs and Emergency Services for Utility Systems Dear Mr. Howard, Attached are our itemized proposals for the above referenced project, based on the work Scenario 1, 2, 3, and 4. Please contact me at 561-588-1170 (office) or 561-718-4505 (mobile) with any questions you might have regarding our proposal. Thank you for the opportunity to provide a bid on your project. President L/ RMrfC r�crt��,�rJ>ar+/ir�or • CUC043087 Main Office: 604 Hillbrath Drive - Lantana, FL 33462 • Phone: 561-588-1170 • FAX 561-585-5252 ; UCA ¢ Ft. Pierce Office: 863 S. Kings Hwy - Ft. Pierce, FL 34945 • Phone: 772-468-9200 • FAX 772-468-9202 1484 April 1, 2019 Re: Bid No. 019-2821-19/IT Repairs and emergency Services for Utility Systems Date 4/01/19 Scenario 1 Johnson -Davis Inc. e. Bid No. 019-2821-19/IT Repairs and Emergency Services for Utility Systems Item Item Description Est Unit ...... .. _ , price . ,. , ._ Amount ............. ................... Quantity GC -1 Emergency o g y Mmobilization Rear LS $ 3,000.00 $ 3,000.00 Easement Repairs j _ GC- 7 .. Digital Photos LS $ 350.00 $ ....... 350.00 GC -8 MOT Residential Street LS $ 500.00 $ 500.00 SWR 8" Sewer Rear Easement 12-16 10 LF $ 300.00 $ 3,000.00 11 SWR. Reconstruct Lateral (single) 1 EA $ 4,000.00 $ 4,00 0.00 101 R14 Furnish & Install Floratam Sod>1000sf 2600 SF $ 2.00 $ 5,200.00 R16 Furnish Operator, Water Truck to 4 HR $ 100.a0 $ 400.00 irrigate BP -1 Bypass Setup 1 EA $ 1,000.00 $ 1,000.00 BP -6 6" Bypass 1 day $ 1,000.00 $ 1,000.00 WP -2 WellPoint w/mare than 150 points J, 2 day $ 3,000.00 $ 6,000.00 Total $ 24,450.00 TOTAL Scenario 1 $24,450.00 bmitted Scott J. Joliiishn. President 4/1/2019 1485 April 1, 2019 Re: Bid No. 019-2821-19/IT Repairs and emergency Services for Utility Systems Date 4/01/19 Scenario 2 Johnson -Davis Inc. ., ............. _ Bid No. 019-2821-19/IT Repairs and Emergency Services for Utility Systems Item Item Description Est Unit price Amount I Quantity GC -2 Emergency Mobilization - Utility LS $ .. 3,000.00 $ 3,000.00 Easement GC -7 Digital Photos LS $ 350.00 $ 350.00 GC -9 t MOT City Arterial Roadway LS $ 1,800.00 $ 1,800.00 SWR 16" Epoxy Lined Forcemain 6 if $ 250.00 $ 1,500.00 90 SWR .... .. _.._ Ductile Iron fittings .15 ton �.. $ 17,000.00 $ 2,550.00 103 SWR 16" Me_., g nt Rest for DIP aLug Joint 4 ea $ _—. 400.00 �,.,n $ , 1,600.00 110 R-12 Furnish and Inst.._ all Bahia Sod i 1500 sf$ 1.00 $ 1,500.00 Furnish Operator, Water Truck 3 hr $ 100.00 $ 300.00 R-17 Remove and dispose Existing Asphalt 44 sy i $ 10.00 $ 440.00 R-22 Furush and histall 1 '/z SP12.5 -... _ 44 sy m..,..... � $ 80.00 $ 3,520.00 R-28 _... 8" Limerock Base 44 sy $ 50.00 $ 2,200.00 R-29 12" Compacted Subgrade 44 sy $ 24.00 $ 1,056.00 Total $ 19,816.00 TOTAL Scenario 2 $19,816.00 Respectfully Su Scott J. Joh'ir,3resident 4/1/2019 1486 April 1, 2019 Re: Bid No. 019-2821-19/IT Repairs and emergency Services for Utility Systems Date 4/01/19 Scenario 3 �w_. _ ...... _ _ .............. __ ..._«wawa...._ Johnson -Davis Inc. _ .. _ „ ...... ....... ,_ .__.... .. Bid No. 019-2821-19/IT Repairs and Emergency Services for Utility Systems Item Item Description ............ Est Unit price Amount Quantity GC -4 I Non -Emergency Mobilization LS $_ 2,000.00 $ 2,000.00 GC -'7 '- Digital Photos -Utility Right of Way 1 y � LS $ 350.00 $ 350.00 GC -8 MOT Residential. Street LS $ 500.00 _. $ .... .. 500.00 STM ... Furnish & Install 48' Cap 8-10 in 20 If $ ..... ._ 380.00 _, .. � 7,60... t 0.00 Utility R..... O.W R 12 Furnish &: Install Bahia Sod }1000'sf 3000 s $ 1.00 S 3,000.00 R-16 Furnish Operator, Water Truck to 4 hr $ 100.00 $ 400.00 irrigate BP5 4" Bypass Pump 2 day $ 850.00 $ 1,700.00 wP_1 .. Wellpoint System up to 150 points 2 day S 2,750.00 $ 5,500.00 Total $ ............ . . 21,050.00 TOTAL Scenario 3 $219050.00 Respectfully Scott J. JohiiWni President 4/1/2019 1487 April 1, 2019 Re: Bid No. 019-2821-19/IT Repairs and emergency Services for Utility Systems Date 4/01/19 Scenario 4 Johnson-Davis Inc. --------------- Bid No. 019-2821-19/IT Repairs and Emergency Services for Utility f Systems Item Item Description Est Unit price Amount Quantity - GC -2 ... tion Utility Emergency Mobilization t LS ; $ 3,000.00 l $ 3,000.00 j R.O.W. repair GC -7 Digital Photos LS J $ 350.00 $ 350.00 . GC- ....... ......._ .. MOT DOT Roadway LS $ 2,600.00 $ 2,600.00 10 WTR�wa.w20" DIP..... 101E 275.00 $ 2,750.00 17 WTR Ductile Iron Fitting .13 ton $ 12,000.00 $ 1,560.00 23 ..,. T . ,..,. _ 20" Mega -Lug Restraint for DIP 4 ea $ 450.00 $ . ........... ...... 1,800.00 NOS LISTED NOM 20" Butterfly Valve I ea $ 35900.00 $ 3,900.00 LISTED R-17 Remove & Dispose of Existing 55 sy j. $ 10.00 $ 550.00 Asphalt R-22 Furnish & Install 1 1/2 SP 12.5 55 sy $ 80.00 $ 4,400.00 R-28 8" Limerock Base 55 sy 50.00 $ 2,750.00 29 grade grade 12" t Com aced Sub 55 sy ' $ 24.00 I $ 1,320.00 Total 1 $ 24,980.00 TOTAL Scenario 4 $241980.00 Respectfully S Scott J. Johns, 4/1/19 1488 CERTIFICATE (For Partnership) HEREBY CERTIFY that a meeting of the partners of m µwryµ m rvN ...... a Partnership under the laws of the State of held on 20 the following resolution was duly passed and adopted: "RESOLVED, that _ as _ of the Partnership, is hereby authorized to execute the Bid Form dated 20 between the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, attested by the _.M..... w._.__. of the Partnership be the official wand deed of this Partnership." I further certify that such resolution is now in full f9rbe and effect. IN WITNESS WHEREOF, I have hereunto het my hand this _ day o , 20_ (Signature) (Title) STATE OF FLORIDA COUNTY OF b subwcr�b❑ds eeorsonaeloknothis wn to me or whoLl has presented the following Y .....w_... Sworn to and. P Y p lowing type of identification: Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 72 1489 CERTIFICATE (For Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of I. Lin4pn-- Di./6 TI/Y- a corporation under the laws of the State of ._F�C , ° �.� held on � r t'f f QZ 20 the -., .M....._..._w�....... following resolution was duly passed and adopted: "RESOLVED, that 5fin 30h!150111 as w ? �" dl!i lF w_ of the _.�, Corporation, is hereby authorized to execute the Bid Form dated ?rte .... i �Sr _ 20 iq, between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this A day„ff ww�p �w 20i. Secretary STATE OF FLORIDA (, COUNTY OF Sworn to and subscribed before me on this �_ day of mm 1 w� µµ ........... , 201CI by CfIS i . hi o0who E is personally known to me or who ❑ has presented the following type of identification: Sigria ure'of Notary Public, State of Florida Do I. 1r) ill %fooc, *cry f5 qao Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number "A DAWN M. CELONA Commission # GG 155920 �' .o Expires November 14 2021 �'�°� ,^•�P: Banded noTray Fain insurance 80a38S7019 THIS PAGE TO BE SUBMITTED ALONG FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 73 1490 I cs On Ks 2,51n uey ()lUereu19�4 : - — - —, --LL'. befwp Ins wavtu ra U&ey' Vitus ac"KAPPOCK 4nISE, to yen iis Msiionr Se cne unry o, Userty Muwaf Insurance Cxrpany, The Chlic, C,aswflty Company, and West Arvlcri,,an insurance Colnptviy, and that he, as 6kxh. IrGln4y J4At17 ni;fadl an to co, q;p iorepfng ftv the pufposes thereii nonlIarned by sigrinn rxlr be alf cf ,he by I'rim5ell s a duly au!rW,'v,,d offirer, iN 10117 NEStVVHEREOF". k hive beretjn9n subscribed my narne and affixre',I ray nolariai seaI at King of plur Ja' Pe'rmsylvaria, on Ole day wid ycar 4Tst above witferi. COMIaONYWEALTH OF Pr. N'NL.,Yf VAf -- Uppi Teresa Pas�plda' Notary pi"Oblic MY Clmuzknl This. Power of Am)Fpey i:!� rnade and executed purst,,,i.nT anid by autfixity of the kik.nving By-laws and of 'Flie Ohif..) Casijally inswance Company, LR';,e,,lY r-Aulual Lnsorarute Company, and Vvest Amedcan hisataitra, Company which roscUiont'� are now in 141id 10,1 -CR arid eflre,;t !0sJiFrg '.a fQ110W3: J !or thal pu rpse, I the Chairman or U'�p Presidemt, acd Ribiect AR7fCLE Sr�,clion 12 Po,,orerofkto: mey,Any offloor r v Jlei officiat afl,j Cnrporation aulhorit.ar to S;jch lirrutation as ffie (,haii!,rpan nor the Preside(it rlpy pro;sofit>-."shoal, appoint slich as may be to act in bcbalff ofvhe Gorpi,',)rajion tr>ffrakp, execute, se4 ackno: wledge and defiver assureIy any and aN undellakings, bonds, recognizances and iAhei sur¢ ty obIlgations. v allomeys-ir-l",tut, subjer"I to the fortJ ifl to 'jr re Iii _op'CtiVe avfall po"ver to bind the cofporaflorl by their slid execultion of any sw,4 i!nstnurrnires and to at actr thereto the seal of the Corpoation. ',Nhen so pmxaged, Wi..Oh frastrufnants sl'41 be as bindirg is if signed fly lbe Pt esu, and aneated loby tle Saorelary. Arly perw"�'r cT authority pranted to w0y relrtrosetrjaljVe ry arorney-in-krait under the tri: visions or this alicle may be revoked fu any lime by the Lk)aid, the Cliairrrlan, the PrE.,,Werit Cir by the officer or such pDw,.,,r or authodly, k 'ri 'lots SECTION 5. Surely 1-30nds and Und,,,,Iakirfga� Arlyoff"Let of lhe Cornpamy for Rlat pwptrco 1�lr v"ritiag L" i rit, R Y ", e choirran or Itle preside and subject to sulch, Nrnitzlform as the chlairTnan of flpresident may prescfi-be, shall appoint s,,,;ch aRomeys-in fact, as rnay be nese ssard, to act in behallof lhe Compny to make, elimuln, seal, acknowledge, acid dehveas surety arry and unde,,tnkirqsbondsrerxqVzan,,.,n, ind other Such a.,Uorrieys-'In fact sub,"ectlo the lirniLbcins se? fcAh In ulneir respective pwers "7f;'4.f)i71rY' "41au hove full power It,) l"ind the conipany by lt'eir siat"'I"ve, and oxev*.'o;i of any zu-ch nslrurnents and to allach, thereto ffhe neat of the, Company. When SD ey,&,tote dsvuh onst,upienle� shat be, as tfrW�ng .as if signed by the pre sidont acid Piia!Aed by llae secretary, Cartfficate of Designation The P�resident of the Company, acti�ig pursvant to the Bylaws of 1ue Gorripary, X'-V'mnZ-'5 Davd [A. ca'ey' sf)rretarj to appoint atrich xtameys-irr- fak as tray be irei,*,,sary to art o behalf of tfio coxI noany in rear e.. seal, and deliver Fs vurrliy ally and all underlark1rigs, bods% recognizanre.s and outer slirety obligalions' Authorization - BY Unardi-nous Consellf of the Cox-ripany's Sr.)arcd of Direclocs, the Corm, astyi ""'Orlsotic llhar. lacqirria or mecranicaPy reproduced sl9naVe ofa,iy aasistaM secrelary of the upfrm a cerfified copy of any polh,s of issvrM by ,[)Q' UOrTI'DIEMY ii'i cvinection witil 8;;rety Prunus" shpli be vaiid and bir6ng u poll the Company nrith the carne force aiul pkcl as though , na'K.Ally c1fixed. I -HIS POWER 01F)%T-1 OIRNEY IS NUT VALAD UNLESS f"FIS PRINTED ON REC) C3A,CKGROL ND, Thls Paweu of Alt or neyfirrRs ffie acts of those riaried heraa'n, and they h3Ve91D authority trybI rid flie Cmipany except in the man tieravid Io th e extent heTeIri irtated, Certificate No, 7963908 Jfx"aFty mitual Insum-mca Company The Ohio Casualty Insuranc Company Vilest knericar[ InSUrairu;e Coml.-)any POWER OF ATTORNEY KNOWN ALL PEIRS(f)NS BY 71 i IESE PRESENTS. Thal 'ihe Ohio CMA8�ly lm.-'xance Company :..'i doiy organlZed uride, the lavus of lhe 9talR of fqeyd 4-t~,raapshirean Ila Liberty GAutual insurance Company is as wporaiiw) duly otganizr,,d andc'!r Via laws of 9)C State of f1,astachww.ns, and We AmaNcarr lnsuiance Comparty, is as cw,poritbn duty orgianized under the laws of the Slate Of fndiana (herein ooliectively called the I.,ompanies'), purs�.iarq tc, and by aaithlwity herein ,,et forih. ,toes hereby name, constikue and appoiro, Maria Siwor�ie�� l3end�!pir�k SfaN: Ellizabiath K, Sterling.�.. �',�,.y P is till a¢re. .. . .. .. ........ . '14 of Gere city of ,1 ie male' f-ine, lan ad, its n ueand lawfoi jllorney-ln-ha,-� to nlake, execule, seal. a*imvlpdge Marna eaJ) ndivi6jEgfy if N are ........ ..... and deEpr, fio,, and on its bellstif as surety zind,'as lis int avid` deedwy arid all undo ftakings, bo;ds, and eit-rer Sojety oblrqalr,ons in pursuance of these preserds and shall be os blndirig Ln,)D the COMpa,rier. tts V they have bc,'N,i doiy sign(.Nby the pFegide.ni arol attesl(.,,d by flie Curpinies irr ill"'k tnur paoppf pe. -oast' IN WITNESSVV� iErREC)F It -us Power (Y Aft(..',,Mey has'veen Subscri.bed by an outhood offil"er or UN". C".)l.rpasale: ;'u:d the se ale of the Coinpainies have, been affixed h1epel 0 tfl js� IFIltl sl,ay c.,rf � 'Decerr ber, PO 1 7 STATE OF &IENlNSYUVAMA ss COUNTY Of-- iAONTGOIdERY T'he' Ohio C'aualiy 4.1surance Connipany Llberty Mtkal !nsurarice Company nsuwce Cr „dearly .. ............ . . ...... Da viff M. Carey-,'�Assist n m e aryv I M = > 1. Renee C, Lknveflyn, the wldersir.p.ed, Assisiaro lkecrataiy' file ")NO C8"".)a!',y lnqtfrallce Covnpany' Liberty 3Vutuaf nsur;:iqr.,'e C.ompapq, and Weslknehcaa Insurance Corripanydo hereby f',artfy hoar thp original polar of aliorooy of which [Yle f"')reg"ainq is a U1, true and c(xio'c't olapy of 11rp p"'wer of lvomey &xec'utal by said Corripanirs, is 'fri full fufce and laffect end Picas sol been revolted, N TESTIMONY WHLREOF, 11 have lierauvo scI my hand rued uff,,xed the seals,ofs--aid,4.o,,r1 anies Otis . .. ....... M c� ... . ... .... fg ... . ........ 4 of 500 11 V, 1491 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID NO.: 019-2821-19/IT BIDDER: DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by; CITY OF BOYNTON BEACH and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 74 1492 Submit Bids To: Bid Title Bid Number: Bid Due By: 0 BIDDER ACKNOWLEDGEMENT PROCUREMENT SERVICES 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 a�l��". 14�'.t... eti•..rb REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS 019-2821-19/IT APRIL 1, 2019, NO LATER THAN 2:30 P. M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 1, 2019, no later than 2:30 P. M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: ! V _ .._ .._.... ........ __ .. W...__._.... ,.,._...__..._ Federal I.D. Number:...?. A Corporation of the State of: mmy M Telephone Number: r Area Code: � .�......mm.... Area Code: �jFAX Number: --- _ Mailing Address: _I�M_4"h .....__ C_' ___._ _._ww. w _. _........._.... _.w.w.....w._ .._.. ... City/State/Zip: (- - ( L ./ Aut iorize� Signature � E-mail: , 1 _)-,� i c ,a f Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 75 1493 NNS BIDDER'S QUALIFICATIONS STATEMENT f•, r s �,.. r � i � s BIDDER shall furnish the following information. All questions to be answered in full, without exception. If copies of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. 1. BIDDER'S Name, Principal Address, Phone and Fax Number _... .......... ............__ �iIII .�, 2. Number of years as a Contractor in this type of work:w M' c"'3' : ..._..._.. 3. Names and titles of all officers, partners or individuals doing business under trade name: i n'.x'2..t t✓ .......... 4. The business is a: Sole Proprietorship ❑ Partnership ❑ Corporation 5. What is the last project of this nature that you have completed? J' 6. Have you ever failed to complete work awarded to you. If so, when, where and why? THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 76 V 1494 7 7. Have you personally inspected the proposed WORK and do you have a complete plan for its` performance? _..__...... _. _. _-___._. __w_,,,,. ........... ........._....._._..... _....._..... �.,w,... List CM's or GC's your company has worked for within the past three years. (List 2 other than those shown below) CM/GC ontact Tel: I.No. 1 " :.. w.i_:.� _ ..t_t d1f* �. Person-- Fax CM/GC Contact Tel: No. 2 Person: Fax 9. List three SIGNIFICANT PROJECTS completed within the past five years. Your $ Protect ( Locat on: Subcontract $ Date No..? .: ,.`l'�.� .�w.,�... Amount Com Contracting Contact Tel: A.o?.ncy, .... „ --- -e11-111,11 www.... Person: Fax Your $ Project Location: Subcontract $ Date _No 2,.._...... .._......... ... ..... .. ..Amount:. ComFeted Contracting Contact Tel: Person...._-..... Fax: Your $ Project Location: Subcontract $ Date No ... Amount: Con led 1..__. Contracting Contact Tel: Aaencv* Person: Fax: 10. List three SIGNIFICANT PROJECTS currently under construction. t �_.. _ 1' Your $ Project Lo atio Subcontract $ Date No. 1 r"t q �t�, �.. t `�4�.K_. Amount ......,,,.._ .... _.. C.°m. Contracting Contact Tel: Aaencv: Person: Fax: Your $ Project Location: Subcontract $ Date No 2 ,Amount ....._...... _w_.............Comrleted Contracting Contact Tel: Agency ........_. .... Person: .. ..... Fax Your $ Project Location: Subcontract $ Date No 3 ..... .........--Amount _...-- �..µCom� feted .... Contracting Contact Tel: Aaencv: Person: Fax THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 77 1495 �' }iiE 1JI "Jft V;.�, ;,... . tjly '� CE`,rr .2 nom'"Y f `. 11. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 12. State the name and licensing of the individual who will have personal supervision of the WORK. 13. Will you sublet any part of this WORK? If so, give details. ............ I _........... _.._. 14. What equipment do you own that is available for the WORK? 15. What equipment will you purchase for the proposed WORK? 16. What equipment will you rent for the proposed WORK? 17. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19AT Utilities— Repairs and Emergency Services 78 e -Im 1496 18. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or"agalrisY..':: the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 19. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 20. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 21. Bank References (include name, job title, and telephone number of contact person) — Minimum 1 .. iT'i°...,..i' Y" . ......, „_..._... ..... ................. .................„-............_.w.... ww.... wra rorr .6r1�. r 1 ��:, (:"fJ 0,36 22. Annual Average Services Revenue of the Proposer for the last three years as follows: Index a Government Related Work ..... b Non Governmental Related Work Total Work (a '0" THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 79 1497 23. Princi I Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Farm. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same, All manufacturers or their authorized vendors have been made aware of all the appropriate portions of the Bid Documents and agree that their materials will meet all of the requirements stated therein and deliveries will be scheduled so as not to impede the progress of the WORK. Materials: Item Manufacturer ii 4 - i1..!1�).:_ ._t , J —t 2.—r (.a?.kJ L — .......... F THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 80 1498 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER he eby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim is n from such authorization or the exercise thereof, including the dissemination of information request a4 e. By (Signal re) Date THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 81 1499 1 2 � m z D 0 0 70 n rD o Z m r (D 1? O Z N Q C 'rl p ro ` Z v o �° rf — C c ° Z_,Z 0 -h _� Z Z p p V1 C) ° (� m --i P. Z D Z m l � Z� b. ,, _. D t7 ao C n ;o -� Z m K > Z: �'Z ,7D CD E C7 : .< 'p � f+o C p r 70 o _ n O ,� W W p� CD m m, z tl1 o , ro� o �.�- Z Alf N np N �'it Z O c`°u t,/� D e) Gi Z ° C r c --I0 M 7D0 m o C v C Z 3 m rO:-r m Z m 0 r 0 X D N r) 0 m z 0 `0 z 2 D z a n m (A m C) D 1500 JOHNINC-02 PA„NDF ACORO” CERTIFICATE OF LIABILITY INSURANCE DA�IMM07!26!/-22018801' `—� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ,ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must have ADDITIONAL .._..._._ . ......... .___ .......__....._ ITIONAL IKSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Johnson Insurance Racine 1103 Hunter Dr Ste 100 Mount Pleasant, WI 53406 433-7107 ns.com 254-8586 The ACORD name and logo are registered marks of ACORD 1501 w AC.._S 1?".,__,...w............. CERTIFICATE OF LIABILITY INSURANCE ......./(2M6M/201,Y8 .._w......n......w. . ........_ . I_Y CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. .w..,�,.....�......�,.�,�.�.ww.www..ww..�..w.�,.�,.�,...�,..�...................w.....,,.._..�.._..... �.._�.,,........�....M........................_.....�,,.�...�..�__............__..�......w�.._..�.....��._.�..._..........��,,�.�....u_,....�.__...... IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). ... ..... ...._ ._ ................. ....._—_.........._-.,..—.............._—...._... ._._ CONTACT "'."" ...-........ PRODUCER NAME Alex Friedl M3 Insurance Solutions, Inc. PHONE 08-288-2898FAx---. ••• '....... 828 John Nolen Drive iA,y dP, �, (A�ca Nol. Madison WI 53713 ADDR1ESS: alex.friedl(a1 m3ins.com INSURED Johnson -Davis Incorporated 604 Hillbrath Drive Lantana FL 33462 A: Amerisure Mutual Insurance D: E; COVERAGES CERTIFICATE NUMBER: 1600019087 REVISION_ NUMBER: _. -. . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ........... ,,___w_,..,,,,,,,,.�........,,�, uS�'.'u,�.1'"4(k",'»).f.. ..... ---.„ ,,,,, INSR AOi�d "r4dBH POLICY,,. �. , ... -LTR1 .w ,,,,, TYPEOF......INSURANCE NUMBER .POLICY EFF POLE , CMMIt')f1MY`fY��M9t1 tt?[�IKYYY�,,, ,-,� LIMITS ...... .,�. .. .... ... ., GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY I�GMA�vI FtEFr�EI� M i $ y F—IOCCUR PREMISES jEa occurcenee) -y CLAIMS -MADE MED EX (Any one person) $ .... jPERSONAL BADV INJURY ^$ GENERALAGGREGATE$ GEN'LAGGREGATELIMITAPPLIESPER PRODUCTS COMPlOPAGG $ - ww POLI, w... .LOC .i... ...... � .- . .. --_ ......,—,,,,. ...... ____-., ..._ .,. „ $ .........,.,,,.,...-,.� .... ..w...w_,......,,,.�...... ..._ .,. ...h... AUTOMOBILE LIABILITY ...... _............. ....... COMBINED SINGLE LIMIT J$ 1 ANY AUTO (Ea accident) , , .. .. .. ..., 1— .___ .a _. . , ._, .., ° 1 BODILY INJURY person) $ i ALL OWNEDAUTOS ,(Per BODILY INJURY (Per accident) $ SCHEDULED AUTOS (PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON -OWNED AUTOS $ ., .......--,._...... .. .. f UMBRELLA LIAB OCUR � � �'CLAIMS-MADE i $ 1 EACH OCCURRENCE $ EXCESS LIAR AGGREGATE 1$ DEDUCTIBLE $ RETENTION $1 $....,... ..... .� . -..,.. ...rr.. ........�,.. ......................,�....... WG210013..._......_........--...ww��..,,,,�,..,...,......A,.�..M...M.M.M. A WORKERS COMPENSATION AND E , 502 ABILITY Y ! N _ ..-. ... ..W.W.� i 311l2D18 3t1l2019 - � ANY ECUTIVE RIMOYERS',EMBER EX LUDED?.NIA OFFIIfLy E L. EACHACCIDENT ENT I $ 1 000 000 .ddescriin be unlder ''. E L ,DISEASE - EA EMPLOY,Ei.j $ 11000.000 _ DESCRIPTION OF OPERATIONS below .................�......,..,..,..,�,,.,,. ..,...... www www ,,,w j E.L DISEASE POLICY LIMIT f $ n rim ..i�..,,...,,,,,,...,..�,,,...,.'f...,�,........�.....�...........,_, ..L „ _........ _............_............... ... _ _....... DESCRIPTION OF OPERATIONS! LOCATIONS J VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) .,._.... .,... ..,. .., .... ......-..._.._.._.... ,......................,,.....,,..�.�..,,,,,,,,.,.,.,.,..... CERTIFICATE HOLDER _....w............�.__.. ..._ �__. .._..CANCELLATION._._._......._.._._.w.... .,� ........,.,.,.,..,,,............ .......,,.�.�.,.............�...�..,,�...,.,��.......,...�..,....,,,,.,.,,,,,,,,,,,......._._..... __...... ... _.. ._ _w�� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Johnson -Davis, Inc. 604 Hillbrath Dr. .. ......_....._,_....µ....www_._..._. Lantana FL 33462 '. AU7HHOOORIljj�EEDREPRESENTATIVE L....._,,, ..........._w 4&14_11 ,.... ,....,...,,........_._�.� © 1988-2009 ACORD CORPORATION..,,. All ,, ed rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 1502 ANNE M. GANNON CONSTITUTIONAL TAX COLLECTOR Serving Pr111n Beach County Serving you.. P.O. Box 3353, West Palm Beach, FL 33402-3353 www.pbctax.com Tel: (561) 355-2264 "LOCATED AT** 604 HILLBRATH DRIVE LANTANA, FL 33462-1656 ..._... ... ..�.��..OF BUSINESS. .�.. .,»,.,...... ,.. ...,,....,.._.... , .......__,......,,w..,....... ....o,.....o...........,. �....www...,�,-,w..........„.....,...«�.�,.........,,�,.,16'1--.- This ........,OWNER CERTIFICATION RECEIPT h1DNTE PAID AMT PA,,,,,,, -23-0137 CW UNDERGROUND UTIL rY,&,,,,, ,,,,,JOHNSON SCOTT J ('UC043087 �U18.594651 917/16118 $18!B40139445 document is valid only when receipted by the Tax Collector's Office. JOHNSON DAVIS INC JOHNSON DAVIS INC 604 HILLBRATH DR LANTANA, FL 33462-1656 �ANNE M. GANNON r" CONSTITUTIONAL TAX COLLECTOR ;. Srrt�ing Palin Bunch Cnnn[ti Serving you. B2 - 3246 STATE OF FLORIDA PALM BEACH COUNTY 2018/2019 LOCAL BUSINESS TAX RECEIPT LBTR Number: 199306318 EXPIRES: SEPTEMBER 30, 2019 P.O. Box 3353, West Palm Beach, FL 33402-3353 www.pbctax.com Tel: (561) 355.2264 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. "LOCATED AT** 604 HILLBRATH DRIVE LANTANA, FL 33462-1656 _...._....._-w... .... ........._._. _ _ 23— TYPE OF BUSINESS _.,........._ OWNER CERTIFICATION H RECEIPT >+/DATE PAID AMT PAIDBILL tt V L........ _ .. ._......................_.�......................... ...�........_.....,.,,«..........�,,....................�,_ ....,.._�.... .,....,......�.µ.,...�,...�.......... D097 UNDERGROUND UTILITY 8 EXCAVATION JOHNSON SCOTT J CUC043D87 �U18.594657u 07/76(18 $99.00 6401394A4 This document is valid only when receipted by the Tax Collector's Office. JOHNSON DAVIS INC JOHNSON DAVIS INC 604 HILLBRATH DR LANTANA, FL 33462-1656 STATE OF FLORIDA PALM BEACH COUNTY B3 - 3246 2018/2019 LOCAL BUSINESS TAX RECEIPT LBTR Number: 199306319 EXPIRES: SEPTEMBER 30, 2019 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. 1503 Johnson -Davis,. Inc references Palm Beach County Water Utilities Department Joseph Tanacredi, P.E Tel: 561- 493 — 6088 Fax: 561- 740- 4600 Burkhardt Construction, Inc. Christopher J. Rhody Tel: 561-659-1400 Fax: 561- 659 —1402 Ranger Construction, Inc. Patrick Flynn Tel: 321-288-2484 Fax: 407-656-3188 Town of Jupiter Amanda Z. Barnes, P.E Tel: 561-741-2537 1504 PROJECT: CONTRACTOR: CONTRACTOR CONTACT: CELL PHONE: PROJECT LOCATION: CONTRACT AMOUNT: COMPLETION DATE: EDWARDS ROAD CANAL STABILIZATION CITY OF FORT PIERCE JOHN R. ANDREWS, PE 772-460-2200 FORT PIERCE $421,910.00 JULY 5TH 2019 PROJECT: NE 304TH STREET BOX CULVERT REPAIRS CONTRACTOR: OKEECHOBEE COUNTY OFFICE OF COUNTY ENGINEER CONTRACTOR CONTACT: JOHN E. HOWLE CELL PHONE: 863-763-6441 PROJECT LOCATION: OKEECHOBEE CONTRACT AMOUNT: $943,003.00 PROJECT: ALTERNATE AIA 16 -INCH FORCE MAIN EXTENSION CONTRACTOR: LOXAHATCHEE RIVER DISTRICT CONTRACTOR CONTACT: Ms. CLINTON R. YERKES CELL PHONE: 561-747-5700 PROJECT LOCATION: LOXAHATCHEE CONTRACT AMOUNT: $1,384,000.00 1505 PAST JOBS FOR REFERENCE PROJECT: AIA BIKE LANES CONTRACTOR: Town of Jupiter CONTRACTOR CONTACT: Thomas Driscoll CELL PHONE: 561-741-2300 PROJECT LOCATION: Jupiter Florida CONTRACT AMOUNT: $3,269,575.88 COMPLETION DATE: November 2015 PROJECT: NORTH & SOUTH ROAD CONTRACTOR: City of Boynton CONTRACTOR CONTACT: Jose Huertas CELL PHONE: 561-742-6487 PROJECT LOCATION: Boynton Beach CONTRACT AMOUNT: $1,996,506.89 COMPLETION DATE: March 2018 PROJECT: MAYFLOWER CANAL STABILIZATION (Edwards Road to Gardenia Avenue) CONTRACTOR: City of Fort Pierce CONTRACTOR CONTACT: John R. Andrews, P.E CELL PHONE: 772-460-2200 PROJECT LOCATION: Fort Pierce CONTRACT AMOUNT: $2,020,900.00 COMPLETION DATE: December 29, 2018 1506 C: 1 SCOTT J. JOHNSON EDUCATION: BS Civil Engineering Bucknell University, Lewisburg, PA EXPERIENCE: 1992 — Present Johnson -Davis Inc., Lantana, FL President Underground utility construction contractor specializing in water, sewer, storm drainage systems, as well as highway and road construction. 1981-1992 Johnson -Davis Inc., Lantana, FL Project Manager/Estimator 1977-1981 Johnson -Davis Inc., Lantana, FL Pipe Foreman 1976-1977 Palm Beach Utilities, Palm Beach Gardens, FL Utility Inspector/Land Surveyor RELATED ACCOMPLISHMENTS: National Utility Contractors Association of Florida (member and two-time Past President) Associated General Contractors (member and Past President, Florida East Coast Chapter) Underground Contractors Association of South Florida (member and three -time Past President) Certified Underground Utility and Excavation Contractor State of Florida — License # CUC043087 ROBERT A. HOPLER EDUCATION: BS — Civil Engineering Bucknell University, Lewisburg, PA MBA Rutgers University, Newark, NJ EXPERIENCE: -DAVIS•• 2006 — Present Johnson -Davis Inc., Lantana, FL Vice President Underground utility construction contractor specializing in water, sewer, storm drainage systems, as well as highway and road construction. 2004 —2006 Nordic Contracting Co., Inc., NJ Controller 1983 —2004 Stroud-Hopler, Inc., NJ President and sole stockholder Heavy/highway construction company Private and Public sectors 1980-1983 Stroud-Hopler, Inc., NJ Project Manager — Site Supervisor 1978-1980 Nichols Engineering and Research, NJ Project Engineer RELATED ACCOMPLISHMENTS: NJ Licensed Professional Engineer 1508 $r r n a( CHRISTOPHER JOHNSON x" EDUCATION: BBA Stetson University, Deland, FL CPR Certified EXPERIENCE: JOHNSON-DAVIS 2008 — Present Johnson -Davis Inc., Lantana, FL Secretary/Treasurer/Estimator Underground utility construction contractor specializing in water, sewer, storm drainage systems, as well as highway and road construction. 1992 —2008 Johnson -Davis Inc., Lantana, FL Secretary/Treasurer/Operations Manager Oversee field operations of 150 field personnel in seven southeast Florida counties. Scheduling 16 crews, coordinate the maintenance and transportation departments, monitor the overall effectiveness of the field operation. 1983-1992 Johnson -Davis Inc., Lantana, FL General Superintendent Scheduling all field crews. Responsible for between 3 and 12 crews in the construction of municipal and private infrastructure improvements. 1981-1983 Johnson -Davis Inc., Lantana, FL Foreman Field supervisor responsible for 4 to 5 person crew installing water main, water services, and conflict crossings. MATTHEW GRIST EDUCATION: EXPERIENCE: yf l {^g;.l ,'.>. r rpt c ��;',:�; •r, 1' ;' �� ES — Buildinn Science Rensselaer Polytechnic Institute, Troy, NY 2018 — Present Johnson -Davis Inc., Lantana, FL Project Manager Underground utility construction contractor specializing in water, sewer, storm drainage systems and dewatering, as well as highway and road construction. Tasks include project takeoffs, material ordering, subcontractor agreements, project meetings, monthly billing, and change orders. 2008-2018 Hubbard Construction Co, Winter Park, FL Project Manager Managed heavy civil public and private construction projects for one of Florida's largest heavy civil construction contractors. Responsible for multi-year, multi -phase bridge and highway projects in Florida and Georgia. Work included design/bid/build and design build/finance. 2001 —2008 Hubbard Construction Co, Winter Park, FL Project Engineer RELATED ACCOMPLISHMENTS: ATSSA Certified Traffic Control Supervisor FDEP Qualified Stormwater Management Inspector OSHA 30 Hour in Construction Safety and Health Experienced with SAP, Primavera P6, Bluebeam Revu, Viewpoint, MS Office 1510 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workpl, ce through implementation of this section. As the person authorized to sign the statement, I certify that its i I complies fully with the above requirements. endo 's Signc ture .SCA 13, THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 82 1511 Re: Notice of Random Drug Screening In compliance with the Johnson -Davis, Inc. Drug -Free Workplace Policy, each employee, as a condition of continued employment, is subject to medical or physical examination or tests, including urine drug screen. An employee, who refuses to submit to drug testing, as provided for in this Policy, will be asked to leave the office or project site immediately and the employee will be discharged. Please complete and sign the attached acknowledgement and authorization form and return to your foreman and/or superintendent. You must proceed to a LabCorp testing center in your local area upon receipt of this notice. (See superintendent for LabCorp locations). A copy of the Johnson -Davis, Inc. Drug -Free Workplace Policy is also attached for your information and reference. Please keep a copy of this policy along with your employee handbook. Thank you for your cooperation. 1512 WHAT TO DO ABOUT HARASSING CONDUCT... An employee who believes he or another Company employee has been subjected to harassing conduct should immediately contact the Human Resources Director. A prompt investigation will be conducted of each and every complaint and appropriate action will be taken. Employees are required to participate in all J -D investigations. Complaints will be handled confidentially, to the extent possible. The Human Resources Director has the responsibility for investigating and resolving complaints of harassment. In the event of complaint involving the Human Resources Director, J -D's President should be notified and he will fulfill the investigatory role in this process. No RetaliationorReorisals Employees have a duty to report any harassment they either experience or obsei-ve, regardless of whether the alleged harassment is being perpetrated by a J -D employee or any other third party. Under no circumstances will a person be retaliated against because of a bona fide report of harassing conduct. Dru<-Free Work)lace J -D is committed to protecting the safety, health, and well-being of its employees and all individuals who come into contact with its workplace and property, and/or use its products and services. As part of this mission, J -D is committed to maintaining a Drug -Free Workplace. Substance abuse, which includes the possession, use or sale of illegal drugs or the unlawful use or misuse of lawful substances, including alcohol and prescription drugs, will not be tolerated. J -D also prohibits the illicit use, possession, sale, attempted sale, purchase, attempted purchase, conveyance, distribution, cultivation or manufacture of illegal drugs, intoxicants, or controlled substances in any amount or in any manner. It is a condition of employment at J -D to refrain from using illegal drugs and unlawfially using lawful substances, including alcohol and prescription medicines, and to abide by the guidelines of the Company's Drug -Free Workplace Policy. 1513 Certain employees of J-D, who operate commercial motor vehicles, and must be subjected to enhanced drug testing standards pursuant to the regulations of the Federal Motor Carrier Safety Administration contained in 49 C.F.R. Parts 40 and 382. J-D will provide these employees with a. copy of J-D's Commercial Driver's License Drug Testing Policy and are expected to comply with the Policy's enhanced. requirements in all respects. 4 1514 NON COLLUSION AFFIDAVIT OF PRIME BIDDER Stateof ...,� a.a...4�.__......, ..,..-_._.., ..,..__ww_....__) County of 111 -11J. -A-1--1 .-.........M) (A.! .-11......"-1,1"I Exna.M.w..,......w........._........._..........M....w_, being first duly sworn, deposes and says that: 1) He is o P .. of ....n -Ii, � . (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Further, such bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and pro/Tiu�djllrg 'and �e not tainted by any collusion, conspiracy, connivance or unlawful agreement on thef te bidder or any of its agents, representatives, owners, employees, or parties in int res this affiant. Subscribed and sworn to before me This _i day of (Sig (Title) , 20 I c My commission expires G 111 �,-, Q- �; DAWN M. CELONA `,. Commission # GG 155920 spa Expires November A14, 2021 o: v °• Bonded Ttw Tray fain Insurance 800-385-7019 lWAAL IN 3Cu�J THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-1 WIT Utilities — Repairs and Emergency Services 83 -�C 1515 / i AFFIDAVIT STATE OF FLORIDA } SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the paid to any employees of the City of Boynton Beach as a commission, ki, directly or indirectly by me or any member of my firm or by an officer of the cc By: NAME - Si Sworn an subscribed before i r ` this day of 20 C' Tb" will be i of gift, Printed Information: ...............M,....mmV 4 a ..af.r.u...l.,..,a"..,. ....... NAME TITLE Q�rn�w cmm.tij NOTARY PUBLIC, State of Florida at Large COMPANY gmj N M. CELONAmission # GG 155920ires November 14, 2021d Tin! Troy Fain Instsance 800.385.7019 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-1 WIT Utilities— Repairs and Emergency Services 84 1516 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Name rized Signaturk of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: � Y rc Description 5 Unit Quantity Unit Price ExtLnde� Price �Mhod th h`X ..... 4 — L tot f?Gci/t yr�pa, r ft �ti c: +��1h� �1fYht-e� O✓ �� fn S� ✓�i:t i Cj�u�e i %tG a ✓✓ i �� b C —T (�) L(J++,D S✓,., Cc �C GCt �7(J✓1 U�f StJU �1 SCJ $1'S ✓'�C [ A THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 85 1517 j: t P h on 12, SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AUTHORIZIED SIGNATURE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 86 1518 "Construct With Confidence" CORPORATE SAFETY'MANUAL,. Rev 5, 2/4/2019 r CA 1519 Health & Safety Program Outline — Johnson — Davis Inc. Introduction: "Management Commitment and Expectations" --------------------------------------------------------6 1. Safety Program — General Overview-----------------------------------------------------------------------------------7 1.1. Duty to Become Familiar with the Program----------------------------------------------------------------7 1.2. Compliance with Safety Rules----------------------------------------------------------------------------------7 1.3. Disciplinary Policy Related to Safety--------------------------------------------------------------------------7 1.4. "Timeline" of Safety Activities---------------------------------------------------------------------------------9 1.5. Daily Pre -job Safety Meetings--------------------------------------------------------------------------------10 1.6. Weekly Safety Talks---------------------------------------------------------------------------------------------10 1.7. Safety Committees----------------------------------------------------------------------------------------------11 1.8. Annual Refresher Training-------------------------------------------------------------------------------------12 1.9. Job Site Safety Audits-------------------------------------------------------------------------------------------12 1.10. Site Specific Health and Safety Plans(SSHASP)----------------------------------------------------------- 12 1.11. The "Activity Hazard Analysis" (AHA)-----------------------------------------------------------------------13 1.12. Training Requirements by Employee Level of Responsibility -----------------------------------------13 1.13. New Employee Orientation-----------------------------------------------------------------------------------14 1.14. Subcontractors---------------------------------------------------------------------------------------------------14 1.15. Substance Abuse Program------------------------------------------------------------------------------------15 1.16. OSHA's Focus Four— Rules to "Live" by------------------------------------------------------------------15 2. Roles and Responsibilities — General Overview--------------------------------------------------------------------16 2.1. Conduct------------------------------------------------------------------------------------------------------------16 2.2. Personal Responsibility and Accountability "Duty to Ourselves and Others" --------------------16 2.3. Foremen-----------------------------------------------------------------------------------------------------------16 2.4. Superintendents-------------------------------------------------------------------------------------------------17 2.5. Safety Director/Safety Personnel----------------------------------------------------------------------------18 2.6. Emergency Planning--------------------------------------------------------------------------------------------19 2.7. Weather-----------------------------------------------------------------------------------------------------------19 2.8. Incident Analysis and Reporting-----------------------------------------------------------------------------19 2.9. Extended Work Hours------------------------------------------------------------------------------------------23 3. Personal Protective Equipment (PPE) — General Overview ------------------------------------------------------24 3.1. General-------------------------------------------------------------------------------------------------------------24 3.2. Clothing and Wearing of Apparel----------------------------------------------------------------------------24 3.3. Eye and Face Protection---------------------------------------------------------------------------------------25 3.4. Lasers---------------------------------------------------------------------------------------------------------------26 3.5. Head Protection-------------------------------------------------------------------------------------------------26 3.6. Hand Protection-------------------------------------------------------------------------------------------------26 3.7. Foot Protection--------------------------------------------------------------------------------------------------27 3.8. Hearing Protection----------------------------------------------------------------------------------------------27 3.9. Respiratory Protection-----------------------------------------------------------------------------------------28 3.10. Work Zone High Visibility Vests------------------------------------------------------------------------------29 Johnson — Davis Inc. Page 1 Rev 3 — 09/17/2018 1520 4. HazardnusSubstancesandEmjnonments —Genera|Oveni 4.1. Hazard Communication Program/Globally Harmonized Standard ---------------------------------- 3O 4.2. Asbestos ----------------------------------------------------------------------------------------------------------- 32 4.3. Lead }nConstruction -------------------------------------------------------------------------------------------- 33 4.A+. Silica ---------------------------------------------------------------------------------------------------------------- 36 4.5. Raw Sewage ------------------------------------------------------------------------------------------------------ 37 4.6. Heavy Equipment nnJob Sites ------------------------------------------------------------------------------- 37 4.7. Loading/Unloading Heavy Equipment ---------------------------------------------------------------------- 39 S. Trenching and Excavating —General Overview --------------------------------------------------------------------- 4O 5.1. Definitions --------------------------------------------------------------------------------------------------------- 4U 5.2. Pre-operation procedures ------------------------------------------------------------------------------------- 4Z 5.3. Soil Classification ------------------------------------------------------------------------------------------------ 4Z 5.4. Frequency nfSoil Classification and Inspection ---------------------------------------------------------- 44 S.S. Access and Egress ----------------------------------------------------------------------------------------------- 4S 5.6. Vehicular Traffic Exposure ------------------------------------------------------------------------------------ 4S SIFailing Loads ------------------------------------------------------------------------------------------------------ 45 5.8. Warning Systems forK8obileEquipmen —'-----'--'-----'---'-----'4G 5.9. Hazardous Atmospheres --------------------------------------------------------------------------------------- 46 5.10. Excavating Equipment ------------------------------------------------------------------------------------------ 46 5.11. Factors Affecting Trench Safety ---47 5.12. Protective Systems ------'—'------'— 7 5.13. Benching ----------------------------------------------------------------------------------------------------------- 4Q 5.14. Shoring Regulations --------------------------------------------------------------------------------------------- 49 5.15. Emergencies ------------------------------------------------------------------------------------------------------ S2 5.16. Responsibilities -------------------------------------------------------------------------------------------------- S] 6. Fire Prevention and Protection — General Overview -------------------------------------------------------------- S4 6.1. Guidelines --------------------------------------------------------------------------------------------------------- S4 6.2. Housekeeping ---------------------------------------------------------------------------------------------------- S4 6.3. Smoking ------------------------------------------------------------------------------------------------------------ SS 6.4. FireProtection— ----- 6 6.5. Fire Extinguisher Classifications ----------------------------------------------------------------------------- 56 6.6. P.A.S.S.Method ------------------------------------------------------------------------------------------------- 57 7. Tools — Hand and Power — General Overview ---------------------------------------------------------------------- S8 7.1. General Requirements ----------------------------------------------------------------------------------------- 58 7.2. Portable Electric Tools ----------------------------------------------------------------------------------------- S9 7.3. Fixed Electric Tools ---------------------------------------------------------------------------------------------- 6O 7.4. Pneumatic and Hydraulic Tools -----------'—'--''----'--'-6O 7.5. Powder Actuated Tools ---------------------------------------------------------------------------------------- G1 7.6. Portable Gas Powered Tools ---------------------------------------------------------------------------------- 61 Q. Materials Handling — General Overview ------------------------------------------------------------------------------ G3 8.1. Hazards ------------------------------------------------------------------------------------------------------------- 63 8.2. Controls for Protection Against Injury ---------------------------------------------------------------------- 63 Johnson — Davis Inc. Page 2 Rev 3 —O9/17/2018 8.3. Precautions for Safely Lifting and Handling Materials --------------------------------------------------64 8.4. Safe Lifting Practices--------------------------------------------------------------------------------------------65 8.5. Pre -lift Inspection and Considerations---------------------------------------------------------------------65 8.6. Mechanical Lifting Devices------------------------------------------------------------------------------------66 8.7. Powered Lifting Devices — Forklift Operations -----------------------------------------------------------b7 8.8. Handling Hazardous Materials and Storage---------------------------------------------------------------69 9. Ladders, Scaffolding and Aerial Lifts - General Overview --------------------------------------------------------71 9.1. General Requirements for Ladders-------------------------------------------------------------------------71 9.2. Use of Ladders---------------------------------------------------------------------------------------------------72 9.3. General Requirements for Scaffolds------------------------------------------------------------------------72 9.4. Aerial Lifts and Mobile Scaffolds-----------------------------------------------------------------------------74 9.5. Bucket Trucks-----------------------------------------------------------------------------------------------------75 9.6. Boom and Scissor Lifts------------------------------------------------------------------------------------------77 10. Confined Space Entry—General Overview---------------------------------------------------------------------------79 10.1. Definitions---------------------------------------------------------------------------------------------------------79 10.2. Responsibilities---------------------------------------------------------------------------------------------------85 10.3. Confined Space Determination------------------------------------------------------------------------------89 10.4. Confined Space Classification--------------------------------------------------------------------------------90 10.5. Alternate Procedure Entry spaces--------------------------------------------------------------------------91 10.6. Entry Permits-----------------------------------------------------------------------------------------------------92 10.7. Hazard Evaluation-----------------------------------------------------------------------------------------------93 10.8. Confined Space Atmospheric Testing-----------------------------------------------------------------------93 10.9. Entry Procedures------------------------------------------------------------------------------------------------97 10.10. Confined Space Entry Procedure Flowchart--------------------------------------------------------------98 10.11. Rescue and Emergency Services-----------------------------------------------------------------------------99 10.12. Emergency Response-----------------------------------------------------------------------------------------100 10.13. Breathing Equipment-----------------------------------------------------------------------------------------101 10.14. Warning Signs and Symbols---------------------------------------------------------------------------------101 10.15. Subcontractors-------------------------------------------------------------------------------------------------102 10.16. Stored Energy Isolation and Lock -out Tag -out ---------------------------------------------------------103 10.17. Personal Protective Equipment----------------------------------------------------------------------------103 10.18. Training----------------------------------------------------------------------------------------------------------104 10.19. Documentation-------------------------------------------------------------------------------------------------105 11. Electrical Safety —General Overview--------------------------------------------------------------------------------106 11.1. General Requirements----------------------------------------------------------------------------------------106 11.2. Lock — Out, Tag — Out Procedures-------------------------------------------------------------------------107 11.3. Lock — Out, Tag — Out Termination------------------------------------------------------------------------108 11.4. Working Near Energized Facilities-------------------------------------------------------------------------109 12. Fall Protection — General Overview----------------------------------------------------------------------------------110 12.1. Definitions-------------------------------------------------------------------------------------------------------110 12.2. Fall Protection Systems Criteria and Practices ----------------------------------------------------------114 12.3. Personal Fall Arrest Systems--------------------------------------------------------------------------------115 Johnson — Davis Inc. Page 3 Rev 3 — 09/17/2018 1522 12.4. Positioning Device Systems---------------------------------------------------------------------------------117 12.5. Safety Monitoring Systems----------------------------------------------------------------------------------117 12.6. Warning Line Systems----------------------------------------------------------------------------------------117 12.7. Covers------------------------------------------------------------------------------------------------------------118 12.8. Protection from Falling Objects --------------------------------------118 12.9. Canopies---------------------------------------------------------------------------------------------------------118 12.10. Toe Boards-------------------------------------------------------------------------------------------------------118 13. First Aid and CPR — General Overview-------------------------------------------------------------------------------120 13.1. First Aid Familiarity--------------------------------------------------------------------------------------------120 13.2. Bites and Stings-------------------------------------------------------------------------------------------------124 13.3. Cardiopulmonary Resuscitation (CPR)--------------------------------------------------------------------127 14. Blood borne Pathogen Control — General Overview-------------------------------------------------------------129 14.1. Exposure Control Plan----------------------------------------------------------------------------------------129 14.2. Definitions-------------------------------------------------------------------------------------------------------129 14.3. Responsibilities-------------------------------------------------------------------------------------------------130 14.4. Exposure Determination-------------------------------------------------------------------------------------131 14.5. Procedures------------------------------------------------------------------------------------------------------131 14.6. Post Exposure Procedures-----------------------------------------------------------------------------------133 14.7. Post Exposure Evaluations-----------------------------------------------------------------------------------134 14.8. Labels & Signs---------------------------------------------------------------------------------------------------135 14.9. Housekeeping---------------------------------------------------------------------------------------------------135 14.10. Training and Information------------------------------------------------------------------------------------136 14.11. Documentation-------------------------------------------------------------------------------------------------136 15. Facility and General Yard Safety— General Overview -----------------------------------------------------------141 15.1. General Office Safe Work Practices-----------------------------------------------------------------------141 15.2. Workstations----------------------------------------------------------------------------------------------------142 15.3. Shop/Yard Safe Work Practices----------------------------------------------------------------------------143 15.4. Storage-----------------------------------------------------------------------------------------------------------144 15.5. Temporary Facilities-------------------------------------------------------------------------------------------145 15.6. Classrooms/Conference Rooms----------------------------------------------------------------------------146 16. Environmental Considerations and Guidelines— General Overview -----------------------------------------148 16.1. Immediate Action to be Taken if a Spill Should Occur ------------------------------------------------148 16.2. Florida State Environmental Law--------------------------------------------------------------------------148 16.3. Notification Requirements----------------------------------------------------------------------------------148 16.4. Cleanup Requirements---------------------------------------------------------------------------------------149 16.5. Source Removal Report--------------------------------------------------------------------------------------154 16.6. Job Site Bulk Diesel Tanks------------------------------------------------------------------------------------155 17. Hurricane Preparedness & Response —General Overview -----------------------------------------------------156 17.1. Introduction-----------------------------------------------------------------------------------------------------15 6 17.2. Your Safety------------------------------------------------------------------------------------------------------156 17.3. Think Before You Act------------------------------------------------------------------------------------------156 17.4. Stop — Think — Act model------------------------------------------------------------------------------------157 Johnson — Davis Inc. Page 4 Rev 3 — 09/17/2018 1523 t 17.5. How to Prepare for Major Emergencies-----------------------------------------------------------------157 17.6. The Incident Command Procedure------------------------------------------------------------------------158 17.7. First Line Supervisors-----------------------------------------------------------------------------------------160 17.8. Fire or Explosion — 604 Hillbrath Drive, Lantana -------------------------------------------------------161 17.9. Hurricane Preparedness—All Work Areas---------------------------------------------------------------162 17.10. Medical Emergencies-----------------------------------------------------------------------------------------164 17.11. Utility Failures--------------------------------------------------------------------------------------------------165 17.12. Other Major Disasters or Explosions----------------------------------------------------------------------165 17.13. Terrorist Acts----------------------------------------------------------------------------------------------------168 17.14. Emergency Basics: Fire---------------------------------------------------------------------------------------171 17.15. Emergency Basics: Bomb Threat---------------------------------------------------------------------------172 17.16. Chain of Command--------------------------------------------------------------------------------------------175 17.17. Incident Command System----------------------------------------------------------------------------------176 17.18. Communications-----------------------------------------------------------------------------------------------177 17.19. Outside Agency Contact List--------------------------------------------------------------------------------178 17.20. Hurricane Preparedness--------------------------------------------------------------------------------------180 17.21. Business Continuity Planning-------------------------------------------------------------------------------186 17.22. Field Operations Business Continuity Planning --------------------------------------------------------188 17.23. Hospitals by County-------------------------------------------------------------------------------------------196 18. Motor Vehicles — General Overview---------------------------------------------------------------------------------208 18.1. Safe Driving Rules----------------------------------------------------------------------------------------------208 18.2. Basic Safety Rules----------------------------------------------------------------------------------------------209 18.3. Accident and Incident Reporting---------------------------------------------------------------------------210 18.4. CDL Drivers------------------------------------------------------------------------------------------------------210 19. Work Zone Traffic Control — General Overview-------------------------------------------------------------------212 19.1. General Requirements----------------------------------------------------------------------------------------212 19.2. Traffic Control Plans-------------------------------------------------------------------------------------------214 20. Working Under or Near Overhead Electric Lines-----------------------------------------------------------------217 21. Appendices-----------------------------------------------------------------------------------------------------------------219 21.1. Johnson — Davis Weekly Safety Meeting--------------------------------------------------------------------219 21.2. Johnson — Davis Pre -job Safety Meeting Form ------------------------------------------------------------220 21.3. Site Specific Health & Safety Plan Template(SSHASP)-------------------------------------------------- 222 21.4. Johnson — Davis Activity Hazard Analysis (AHA) ----------------------------------------------------------236 21.5. Johnson — Davis Subcontractor Safety Pre -qualification ------------------------------------------------237 21.6. Johnson — Davis Site Safety Audit/Evaluation Form -----------------------------------------------------245 21.7. Johnson — Davis Vehicle Visor Card--------------------------------------------------------------------------247 21.8. Johnson — Davis Equipment Safety Checklist--------------------------------------------------------------248 21.9. Johnson — Davis Shoring Tabulated Data (SAMPLE) ------------------------------------------------------250 21.10. Johnson — Davis Confined Space Entry Permit -----------------------------------------------------------251 21.11. Johnson — Davis Confined Space Entry Procedure Flow Chart ---------------------------------------252 21.12. Johnson — Davis Hazardous Spill Report-------------------------------------------------------------------253 21.13. Johnson — Davis Alternate Procedure Entry Determination form -----------------------------------254 Johnson — Davis Inc. Page 5 Rev 3 — 09/17/2018 1524 ZI Silica Exposure Control Plan SS 22.1. Appendix 14—Johnson -Davis Silica ECP Site Template ------------------------------------------------ 278 23. Revision History ----------------------------------------------------------------------------------------------------------- Z7y Johnson — Davis Inc. Page 6 Rev 3 — 09/17/2018 WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-1911T Utilities — Repairs and Emergency Services 87 1526 portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's nemzmmendatinnn, acopy ufwhich has either been supplied hothe City ofBoynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and byacceptance ofthis Warranty, the City ofBoynton Beech. Florida, agrees to present such records tothe Contractor upon request in the event ofaclaim hereunder bythe City; 11The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered, They are not substituted, but in addition to, any other Warranties offered; and 12. That itimagreed and understood by the Contractor that the City of Boynton Beach. Florida, is induced b»enter the Construction Contract inreliance upon this Warranty, SIGNED, sealed and delivered onthis Jday of 1 2019. By ATTEST: Secretary THIS PAGE n5BE SUBMITTED ALONG WITH PROPOSAL |NORDER FOR BID PACKAGE nO BECONSIDERED COMPLETE AND ACCEPTABLE Bid No. n19-2xz1'1emTUtilities — Repairs and Emergency Services 88 UP E_T March 26, 2019 RE: Johnson -Davis Incorporated as Contractor Prequalification Bonding Letter To Whom It May Concern: It is our understanding that you are considering Johnson -Davis Incorporated as the contractor for your construction project. We are prepared to provide surety bond credit for them well in excess of your requirements as we entertain a single project bonding capacity of Thirty -Five Million Dollars ($35,000,000) and a total aggregate bonding capacity in excess of Eighty Million dollars ($80,000,000). Liberty Mutual Insurance Company has supported Johnson -Davis since 1999, and considers Johnson -Davis to be one of our most valued clients. Liberty Mutual has never declined a bond request for this fine account. Liberty Mutual Insurance Company is an "A" (Excellent) rated carrier with a financial size category of XV ($2 billion+) by A.M. Best Company, a US Treasury limit exceeding $1.3 billion and is licensed to do business in the State of Florida. A Performance and Payment Bond equal to one hundred percent of the contract amount is subject to our review and acceptance of the contract terms and conditions, bond forms, construction financing details and a satisfactory underwriting requirement review at the time of the request. We assume no liability to third parties or to you by the issuance of this letter if for an reason we do not execute such bonds. Johnson -Davis is properly financed, well equipped and very capably managed. Their construction team consistently brings their projects in within the budget and on time. Their payment record is excellent and they enjoy an enviable reputation. We highly recommend Johnson -Davis Incorporated and should you have any questions or require additional information, please contact Wes Williams at 404-264-3221. Sincerely Yours, LIBERTY MUTA:AL INSURANCE COMPANY w ...µ .. ,�.�,...� Elizabeti . Sterling, Attornc,;°-in-Fact 1528 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. I.t .)e r tN, Liberty Mutual Insurance Company 11 l{ The Ohio Casualty Insurance Company Certificate No: 8195687-016072 - - -- - West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Maria Star Elizabeth „ SignOiite, Benjamir� A. a�au, nucaucw K. Sterling; Wesley P. Williams a .. ty Atlagta , state of GA each individually if there be more than one named, its true and lawful attorney in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of September 2018 . eINSR Rq p oM.... , � °' q ,a(", 2Po aT�o�'n Q(�24191 s 2 RPo 4� ym � 3 1912 y o g1y 9 r<, 0 a 1991 o a Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company rd�s4cHuga`da °H�A."°s��b� Iso*a�dL� By. X 2ati,' 7 * } 1 * - = David M. Carey. Assistant Secretary 0— State of PENNSYLVANIA � County of MONTGOMERY ss �CM 0 a On this 7th day of September 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c 0 t— co w to IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. = a c occo COMMONWEALTH OF PENNSYLVANIA ¢ �. _ N d ! Notarial Seal i Teresa Pastella, Notary Public _-.0 O C ro b O M Upper arin Torp Montgomery County By: C ' ra!y Commsaicn Expires March 2B, 202' ! . ..... .. ....--_........ ... ... . ..,. ........_._ _,... Teresa Pastella, Notary Public 3 � �, N 'annsyharna,`sswiai:en o Notaries 0 m 'Q. O C)) M N L a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual : o .'= Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 Ei ARTICLE IV - OFFICERS: Section 12. Power of Attorney. a0i Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the os ai President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ICU 7 0 M c any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall 0 N > have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such'"'-' T Zv instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. 0 Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, F- r shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of allomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of allomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of March , 2019 . a� 2° tNoa ��ow`t�fi °y �0 ..°._IN �� m P� RP 4,�yC, JPS RppR y Pr°o" Y S Y� 1912 y° 02F1919 0 19910 By. yy s CHUS„fi,r S 3 .,HA MPSS� s� * .�,-ar ° °*N D Renee C. Llewellyn, Assistant Secretary LMS -12673 LMIC OCIC WAIC Multi Co_062019 1529 Florida Department of Transportation RICK SCOTT 605 Suwannee Street MIKE DEW GMTIRNOR Tallahassee, FL 32399-0450 SFCRETARY H'I:,1.,PRAT;i r--,R-vE —t!TANA, FLDR-CA :"53462 CclIc-be-- 23, 2()19 RE: CERT.1--ICATE 3F QUALTF-:CJ`LTT,-P1J The Transpor.a inn !Ps ql_-al-fied your cc�rpa-,- fo-'- t)-,,evy",e, of 11"crk ; , -r %�,-,-Ir ; , 4 fi.e( t I ", e :nct-1 J Lhis - 'r, �- � - — N - & f Q'i a IA� f i C e 1 113 0 2 9 the new arpl-�_ation :s :Iue 10/31/2019, In accordance with 5.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS:fdot te. fl. us/ Contra c torPreQual ifi cation/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs, FDOT APPROVED WORK CLASSES: DRAINAGE, mIf�,CR' u!1 -J-7 GP()rT,D TES, SAH1`!--RY SE11,11-R, W- FCPCE 'AT i , DR!',1 -NG ST EELHEs", E !�, RI RUBBLE S E K 11;1 R I You rrtay arply fo- a Certificateac n, i cMY ti -ME' CO the �D 17 Qu of thiS CcrtifiCate -accordiiig Secy on 1° -22.0041 (3) i, i s t r a t i ve Co die ! F A . C y a C C e:! 4r J, P, a V C U 3: M(-) S e c e n t 1, / appi7cved applilcaticij-, a.5 shcwn and choosing "Update" L-15s9-ead zf If Zical-'ic;r, Jn. 811dit�onal S; C f W, Cr Ir is d e s serf, dlccume Ti ta t i o n is v: e,_� J e d t c s Yr C W that ycur dor.- Such wcrl: ycl- cwn fc:-Cer and Or t:IcO- e---P;aI:JencC 9,;r I - rl e d h anfJ th."t "'Cu ha.e CIle :.ec_=.5sary equipment fr--Ireach of wnr�, f i -,I c a n r.,, a r e q 1i d "')y 3 ,tic; i 'II -1' 0'-i 6 t 3 F . -A C -Y 7 it weI- ta F; ^i c r, n I r: c c r to --� C) - r� T- ,-, in�um r) i d'd :,71 C7. c a Ci t 0 a., :).1a1 .ie C1. -(,d - r),r 0 C 1-:,. YQ !A (-an find t. 7.1t1s repc rt 1 c, wee ,%A: P Sincerely, rV" A' 1 e. n Autry, P�Ynaqer Contracts 1*1�,Ranistration Offli.-- wWNv.fd0t.(Y0V 1530 MalldOe Paf=4 I of') Contractor-Pre-QUalificationI -0c] _0 ut (C W�U@JOH NSONDA VIS,COM 171r .1 r , ��, I I I I--,. , TA FDOT T IUodat, Work Underway XHe p *2 Annual Application 10/24/2018 10:11-129 AM EST Vend o rysta koh o [do rsY.Affil ia tes�'(Work ClassLs_fFinaticial�colitracts�"Managej� /Attach Financial Statements Additional Doc mentation*1 Submi Application Summary) L U _a( Vendor Number; F591753888001 Name: JOHNSON-DAVIS INC. Application Status: COMPLETED Fiscal Year End Date: 6/30/2018 Application Due Date: 10/31/2018 NOTE: The Capacity shown below will be reduced by your Work Underway to determine your Available Bidding Capac4. Adjusted Current 2 Ratio'. Ability Score: 75 Ability Factoru 4 Adjusted Not $ 10,608,192.00 Worth: Surety Multiplier: Calculated Maximum Bid Capacity: Document Mailed Received Attached N $ 84,850,000.00 Audited or Reviewed 10/17/2013 10/17/2018 WA Financial Statements Affidavit 10/17/2018 AFFIDAVIT,PDF! RequestDocument EQUIPMENT 2018 -,PDF Equipment 10/17/2018 t Document —1 SURETY PREQUALIF] CATION LETTER - Surety Letter 10117i2018 2018,PDFI Request Document Letters of Recommendation III I I ... 10/24/2018 1531 CONFIRMATION OF MINORITY OWNED BUSINESS This requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes If Yes, please indicate by an "X" in the appropriate box - AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? ky*1 If YES, Name the Organization from which this certification was obtained and date: """ ...... . ............. . ...... Issuing Organization for Certification . ... . . ................ Dat, of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 89 1532 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 L, behalf of\U0600-J, �alInicertify Print Name and Title Company Name that Ik'i,.11'�,'t�I�t� _does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 90 1533 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the Submission of a false certification may ci,ihi.— t the company to Civil penalties, attorney's fees, and/or costs. I further understand that any ontract with the City for goods or services may be terminated at the option of the City if the ,on p° ny is found to have submitted a false certification or has been placed on the Scrutinized " or1 i, a with Activities in Sudan list or the Scrutinized Companies with Activities in the Irani etr ler =nergy Sector List. ��rJCl�1�1" 4�,�t1'sJ V1(' COMPANY NAME _.��C .... �! rr:...._...... ..._._ PRINT NAME SIGNATURE 191940 L- ' .! ._._...................__. ...._._. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities— Repairs and Emergency Services 91 1534 M BID No. 019-2821-191IT SCHEDULE OF SUB -CONTRACTORS The Undersigned Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Sco re of WarR License Nom: 1 Contract ..... ,.,, -.. _..... e... f $41 Signature Date: Owner reserves the right to reject a y sub -contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsi le(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/1T Utilities — Repairs and Emergency Serv! as 92 1535 w PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT BID NO.: 019-2821-19/IT REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. :. Db 1 ) ,- G� IJ15 —1 i .. CONTRACTOR NAME 0 Title:—,-.jm`ww4.._.........._. Date THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 93 1536 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION _........: :..._ r I, ��`r�� : ��h�.h��? ,the ��'"'�i� ��..._..._........�..��.�.__.............. of (Name of officer of company) (Title of officer of company) A located at 6ye (Name of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 'Vt mow- mom' °; w` w w 1.'2L 1. Is the business located within the City limits YES NO I Number of Years: of Boynton Beach, Florida? t/ 2. Does the business have a business tax YES NO Business License receipt issued in the current year? ✓ Number: ruc C? ? 3. e Is the businss......rsd w egitereith the.F .lorida YES _ ..___.ww.._....................�.�.�.�.�.�.�.�...� ...._........ .w�w�w.., Division of Corporations? V I understand that misrepresentation of any facts in connection with thi e u may be cause for removal from the certified local business list. I also agree that the b in s required to notify the City in writing should it cease to qualify as allocal business. Print Name: �rr:l. �> n� 'i��r'5t'��r1( Signature: _ ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: F� Active: Verified by: m m�_wwww Date: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 94 1537 STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: . .. .......... . . . ADDRESS: "MR42209104 SIGNATURE: DATE: WE, the undersigned have declined to respond to your Bid No, 019-2821-1911T for REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain .......... - below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES Bid No. 019-2821-1911T Utilities — Repairs and Emergency Services 95 1538 12.A Legal 07/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/18/2023 Proposed Resolution No. R23-094- Short -Term Rental application corresponding to Ordinance No. 23-012. Requested Action by Commission: Approve a proposed application corresponding to the Ordinance No. 23-012 to be used for Short -Term Rental submittals. Explanation of Request: As proposed in Ordinance No. 23-012 (Short -Term Rental regulations, Item ID 249-2023 on this agenda), this new Short -Term Rental (STR) application is required for initial issuance and renewal, and also for certain changes made to an approved application. The following are the purposes and functions of this new STR application: • It will serve as a checklist to guide the applicant to the applicable STR regulations and other government agency; • The applicant will be able to overview the STR regulations to prepare the subject property in compliance; • It is designed for the applicant to prepare the necessary documents and plans for staff review, determination, and inspection of the subject property; and • It is designed to acquire necessary information between the property owner and local responsible party. How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: If approved, the city will collect initial and renewal Short -Term Rental applications and corresponding fees. Attachments: 1539 R23-094 Short-Term_ Rental_Application_-_Reso.pdf Boynton Beach Short-Term Rental_App.pdf 1540 1 2 3 4 RESOLUTION R23- 5 6 7 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 8 FLORIDA, APPROVING THE APPLICATION TO BE USED 9 FOR SHORT-TERM RENTAL SUBMITTALS; PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, as proposed in Ordinance No. 23 -012, this new Short -Term Rental (STR) 13 application is required for initial issuance and renewal, along with certain changes made to 14 an approved application; and 15 WHEREAS, the purposes and functions of the Short -Term Rental application are to 16 serve as a checklist to guide the applicant to the applicable STR regulations and other 17 government agency, to act as an overview of the STR regulations to prepare the subject 18 property in compliance; to assist the applicant to prepare the necessary documents and plans 19 for staff review, determination, and inspection of the subject property; and it is designed to 20 acquire the necessary information between the property owner and local responsible party; 21 and 22 WHEREAS, upon the recommendation of staff, the City Commission deems it to be 23 in the best interests of the citizens and residents of the City of Boynton Beach to approve 24 the application to be used for Short -Term Rental submittals pursuant to Ordinance 23-012. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 26 OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby 28 ratified and confirmed by the City Commission. S:ACA\RESO\Short-Term Rental Application - Reso.docx 1541 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 approves the application, a copy of the amendment is attached hereto and incorporated 31 herein by reference as Exhibit "A", to be used for Short -Term Rental submittals pursuant to 32 Ordinance 23-012.. 33 Section 3. This Resolution shall become effective October 1, 2023. 34 PASSED AND ADOPTED this 18th day of July, 2023. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 54 Maylee De Jesus, MPA, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Short-Term Rental Application - Reso.docx 1542 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I Development Services 100 E. Ocean Ave. • Boynton Beach, FL 33435 • (561)742-6350 • developmentm(5)WI us Short -Term Rental Application Year PROCEDURE: Submit the completed application (6 pages) and required documents and plans with a non-refundable fee to the Business Tax Receipt Office by the property owner or authorized representative. When the application is processed, inspections shall be scheduled by the owner or local responsible party, and approved in accordance with Part II Code of Ordinances, Chapter 13 Licenses, Article V. Rental Housing. APPLICATION FEE (includes first City inspection): $525.00 per unit ANNUAL RENEWAL FEE (includes first City inspection): $325.00 per unit RE -INSPECTION FEE: $100.00 APPLICATION CHECKLIST: The following documents shall be submitted with the completed application. SUBMITTAL A copy of the Short -Term Rental's current Florida Department of Business & Professional Regulation License as a Transient Public Lodging Address: 1940 North Monroe St, Tallahassee, FL 32399 Establishment with The Florida Department of Phone: 850-487-1395 Business and Professional Regulation. Website: www.MyFloridaLicense.com A copy of the Short -Term Rental's current Florida Department of Revenue certificate of registration with the Florida Address: 2468 Metrocentre Blvd, West Palm Beach, Department of Revenue. Certificate must be in FL 33407 the property owner's name and list the property Phone: (561) 640-2800 address. Website: https://floridarevenue.com/taxes Approval will not be granted if a code violation Community Standards, City of Boynton Beach exists on the property. Documentation may be Address: 100 E. Ocean Ave., Boynton Beach, FL 33435 required. Phone: 561-742-6120 1 Email: PierreV(cD-bbfl.us Authorization letter if the application is being submitted on behalf of the property owner. Photograph of posted rules and regulations clearly visible to patrons. A copy of the standard rental/lease agreement is required if the applicant is not the property owner. A detailed, neatly drawn and legible sketch of rental property's floor plan identifying all bedrooms and other living spaces, exits, smoke detectors, emergency lighting, location of fire extinguishers, and telephone service. • The telephone with the ability to call 911 shall be available in the main level common area. • Hard wired emergency lighting shall be installed at the primary ingress and egress of each inhabitable structure on the STR property. • A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location. A site plan and/or survey illustrating the existing conditions of the property swimming pool, spa, and/or hot - tub; storage areas for waste; recreational vehicles accompanying or accessible to renters; fence; and parking spaces with dimensions to confirm compliance with standards. A copy of Article I. Business Tax Receipts and Certificate of Use and Occupancy and Article V. Rental Housing of Chapter 13. LICENSES has been reviewed and the requirements are understood. NOTE: Be sure to apply for Tourist Development Tax with the Palm Beach County Tax Collector's Office. Address: 301 N. Olive Ave. 3rd Floor, WPB, 33401 1 Phone: 561-355-2264 1 Website: https://www.pbctax.com/ C:\Users\BrownST\Documents\Boynton Beach Short -Term Rental_App.docx 1 of 6 pages Modified 06, 23 1543 Property Owner Contact Information (Please Print) Property Information STREET ADDRESS (of the Short -Term Rental): PROPERTY PARCEL NUMBER: Number of Rooms [Excluding bathrooms and closets] Print Name and Title: Print Name and Title: Number of Refuse/Waste/Garbage Cans Mailing Street Address: Number of Parking Spaces Mailing Address City/ State/ Zip: Primary Phone Number: Is there a landline phone? Yes No Is there a Swimming Pool? Yes Social Security/EIN [Per FS 205.0535(6)]: No Is there a Spa or Hot Tub? Yes No Marketing Platforms: Property Owner Contact Information (Please Print) Local Responsible Party (LRP)* Contact Information (Please Print) F1 Check the box, if the property owner is the LRP. Business Name (if applicable): Business Name (if applicable): Print Name and Title: Print Name and Title: Mailing Street Address: Mailing Street Address: Mailing Address City/ State/ Zip: Mailing Address City/ State/ Zip: Primary Phone Number: Primary Phone Number: Secondary/ Cell Phone Number: Secondary/ Cell Phone Number: Email: Email: Social Security/EIN [Per FS 205.0535(6)]: The LRP is 25 years of age or older and able to reach the property within 1 hour. Telephone Number for phone line inside of the home: Account Number (if applicable): * Please review requirements of the Local Responsible Party on page 5 & 6 of this application. C:\Users\BrownST\Documents\Boynton Beach Short -Term Rental_App.docx 2 of 6 pages Modified 06. 202: 1 544 INSPECTION: YOU MUST CALL TO SCHEDULE AN INSPECTION OF THE SHORT-TERM RENTAL WITHIN 30 DAYS OF FILING A COMPLETE APPLICATION. FAILURE TO SCHEDULE INSPECTION(S) WILL RESULT IN CANCELLATION OF THE APPLICATION, FORFEITURE OF FEES PAID, AND POSSIBLE CIVIL ACTIONS AND PENALTIES. REINSPECTION FEES WILL APPLY AFTER FIRST INSPECTION. ❑ One application per rental unit ❑ The Certificate of Use and Occupancy is required if the property is rented at any time during the tax year, which comprises the period of September 30th - October 1St of the following year ❑ The Certificate of Use and Occupancy is issued after approval of inspection(s) by Community Standards and/or the Fire Rescue Department, and valid from the date of issuance until the end of the business tax year ❑ Whole unit rental required ❑ Operable smoke detectors in each room ❑ Operable fire extinguisher ❑ Emergency lighting at the primary ingress and egress of each inhabitable structure on the STR property 0 A swimming pool, spa or hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes. 11 Off-street parking space or driveway on the property 0 Storage areas for refuse/waste/garbage cans 0 Operable carbon monoxide detector in any rooms where gas is a source of energy INSPECTION BY Community Standards (Phone: 561-742-6120) C:\Users\BrownST\Documents\Boynton Beach Short -Term Rental_App.docx 3 of 6 pages Modified 06. 202: 1 545 Owner Affidavit for Short -Term Rental certify that all the above information is true and correct, and I understand that any false statements constitute a violation of Florida State Statutes and will result in revocation or denial of the Short -Term Rental and prosecution in accordance with the law. I hereby agree to operate the above- described business in accordance with all the laws of the State of Florida and the City's Code of Ordinances. Furthermore, I understand that issuance of the Short - Term Rental is conditioned upon the compliance with all ordinances and the results of any investigations of the above described business. The application shall bear the signature of all owner(s) and all authorized responsible party(ies) of the owner(s). If necessary, please attach additional sheets with notarized signatures of all other authorized signatures of all other authorized property owners and/or short-term rental responsible party(ies). The Development Director or his/her designee may revoke or refuse to issue or renew a Short -Term Rental, if a property owner has willfully withheld or falsified any information required for a Short -Term Rental application. Failure to renew when applicable, shall constitute a code violation and subject the property owner/responsible party to the revocation of the Short -Term Rental (Article V. Rental Housing, Section 13-97. Penalties, Offenses, and Suspension of Chapter 13. Licenses). acknowledge that the City police officers are authorized to issue trespass warnings on behalf of the property owner. understand that the Certificate of Use and Occupancy is nontransferable and the Local Business Tax Receipt and Certificate of Use and Occupancy expires on September 30th annually, with the option to renew in accordance with Chapter 13. Licenses, Article V. Rental Housing of Part II. Code of Ordinances. Property Owner: (Print or Type Name) Property Owner: Authorized Responsible Party: Authorized Responsible Party: (Signature) (Print or Type Name) (Signature) SWORN TO AND SUBSCRIBED before me this day of means of [ ] physical presence or [ ] online notarization. Notary Public Seal of Office Notary Public, State of Florida (Print Name of Notary Public) Type of identification Produced: Date: Date: 20 Personally Known Produced Identification , by C:\Users\BrownST\Documents\Boynton Beach Short -Term Rental_App.docx 4 of 6 pages Modified 06. 202: 1546 Local Responsible Party (LRP) Affidavit Local Responsible Party (LRP) Requirements (Part II, Chapter 13, Article I, Section 13-6, (e)): (e) Local Responsible Party (LRP) required. (1) Whenever any property is required to have a Certificate of Use and Occupancy under this article, the owner shall designate in writing, on a form provided by the city, a local responsible party which shall be a minimum of twenty-five years of age, for contact by city officials relating to the property. The owner shall also provide a valid address and phone number for the LRP. (2) The LRP under this section must reside within Miami -Dade, Broward, Palm Beach, Martin or St. Lucie County, except that the LRP for a Short -Term Rental must reside within Broward, Palm Beach or Martin County. The purpose of this more restrictive locational standard applicable to Short -Term Rentals is to ensure that the handling of matters requiring onsite presence of the LRP are attended to within approximately one (1) hour. The property owner may be the designated LRP if they meet the requirements of this Article. (3) An LRP shall have the authority to adequately and timely respond to any Code compliance issues that may arise on the subject property and shall be responsible for the care, custody, control and compliance of the rental property. The Local Responsible Party may apply for a Certificate of Use and Occupancy, Business Tax Receipt, and inspections on behalf of the owner. (4) An owner shall notify the Development Department in writing of any change in the designation of the local responsible party within ten (10) business days of such change. (5) Failure to designate or engage a LRP meeting the requirements of this section shall be a violation of the City Code punishable under Chapter 2, Article V of this Code. In addition to the responsibilities required for a local responsible party as provided in (e) of Section 13-6, quoted above, additional responsibilities for a Short -Term Rental are required as follows: ■ To comply with all applicable standards of this Article as well as all other applicable city, county, state and federal laws, rules, regulations, ordinances and statutes, and use best efforts to assure that the rental use of the dwelling unit will not disrupt the residential character of the neighborhood, and will not interfere with the rights of neighboring residents to the quiet enjoyment of their residences; ■ To benefit the safety of, and maximize compliance with rules and standards by the tenants, a posting of information is clearly visible to the tenants in the rental unit. ■ The residential property, or any other property owned by the titled owner of the residential property, is not in violation of any section of the Code of Ordinances of the City; ■ There are no unsatisfied liens recorded against the residential property, or any other property owned by the titled owner of the residential property, as a result of any violation of any section of the Code of Ordinances of the City; ■ Waste from the use of the property will be handled in accordance with the requirements of Chapter 10. Garbage, Trash and Offensive Conditions, Article II. Refuse, Garbage and Trash of Part II Code of Ordinances, as may be amended from time to time; ■ Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance of a residential property, or having been authorized, licensed, or invited, is warned by the owner or lessee, to depart the property and refuses to do so, commits the offense of trespass in a structure or conveyance; ■ Other properties are not jointly shared commodities and should not be considered available for use by transient occupants of the transient rental subject of the application; ■ That prior to permitting occupancy by an approved resident, the owner shall confirm that such occupant is not prohibited by the City's Sexual Offender Residency Prohibition requirements set forth in Chapter 15, Article X. Sexual Offender Residency Prohibition of Part II Code of Ordinances, and ■ Submission of an incomplete application form shall result in rejection of the application. C:\Users\BrownST\Documents\Boynton Beach Short -Term Rental_App.docx 5 of 6 pages Modified 06. 202: 1547 ■ When the application is processed, an Inspection shall be made by appointment with the Community Standards Inspector. ■ Be available and have the authority to address or coordinate problems associated with the property 24 hours a day, 7 days a week. ■ Prior to occupancy of the rental unit, obtain the affidavit acknowledging that pets will be cared for in compliance with Chapter 4. Animals and Fowl of Part II Code of Ordinances. ■ Prior to occupancy of the rental unit, inform all occupants of regulations including but not limited to parking, garbage and waste, noise, and outdoor musical performances. ■ It shall be unlawful for any person to obtain a Business Tax Receipt for another business while the property is approved for any rental unit subject to this Article. ■ At all times all automobiles shall be parked in an approved off-street parking space or driveway on the property. ■ A whole unit shall be rented. Residential rentals shall be leased as a whole to a guest or guest party. In no event may an individual sleeping room be offered for rent. certify that I have read and understand the information contained on this affidavit, and that to the best of my knowledge such information is true, complete, and accurate. BEFORE ME, the undersigned authority, personally appeared (PRINT NAME) Who after being duly sworn, deposes and says: That I am the person whose signature appears below, and that the information I have provided above in this document is true and correct. LRP Contact: (Print or Type Name) (Signature) SWORN TO AND SUBSCRIBED before me this day of means of [ ] physical presence or [ ] online notarization. Notary Public Seal of Office Notary Public, State of Florida (Print Name of Notary Public) Type of identification Produced: (Date) 20 , by Personally Known Produced Identification C:\Users\BrownST\Documents\Boynton Beach Short -Term Rental_App.docx 6 of 6 pages Modified 06. 202: 1548 12.B Legal 07/18/2023 Proposed Ordinance No. 23-014- First Reading- Environmental Protection Standards Land Development Regulation Amendment (CDRV 23-005). Requested Action by Commission: Approve modifications (CDRV 23-005) amending Part III. Land Development Regulations, Chapter 2, Article II, Section 5. Permit Applications and Chapter 4, Article I. Environmental Protection Standards, to create a landscape permit review and approval process and to modify preservation and mitigation regulations. Explanation of Request: The City's current Land Development Regulations (LDRs) does not include a procedure for removal of trees or palms nor does it provide mitigation options for replacement, with the exception replacing the tree caliper. The proposed amendments establish the procedure, submittal requirements and review criteria for the Landscape Permit application to remove or replace existing trees and palms. The amendment also proposes to update the City's tree preservation code to contain two additional replacement options for trees and palms including the canopy coverage method and a pay -in lieu of planting method. The additional options allow the City to require mitigation of trees that are removed without approval (canopy replacement) and to allow for infeasible plantings to be supplied in the form of a payment into the Tree Trust Fund. Contributions into this fund can be used to plant trees and palms for City projects. The amendments are designed for the City to create extensive sustainable green infrastructure by promoting tree and palm preservation. The proposed amendments were approved at the Planning & Development Board on June 27th, 2023. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: 23-014 23-014 DR_Amendment Ch_2_and_Ch_4 Permit_process_and_Environmental_- _Ordinance.pdf Staff _Report. pdf Text Amendment CDRV-23-005---Staff—Presentation—for—CC—Hearing (4).pptx 1549 1550 I 2 ORDINANCE NO. 23-014 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING 6 THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2, ARTICLE II, SECTION 7 S. PERMIT APPLICATIONS AND AMENDING CHAPTER 4, ARTICLE I. 8 ENVIRONMENTAL PROTECTION STANDARDS, TO CREATE A LANDSCAPE 9 PERMIT REVIEW AND APPROVAL PROCESS AND TO MODIFY PRESERVATION 10 AND MITIGATION REGULATIONS; PROVIDING FOR CONFLICTS, 11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City's current Land Development Regulations (LDR) do not include a 15 procedure for tree and palm removal nor does it provide mitigation options for replacement with 16 the exception replacing the tree caliper; and 17 WHEREAS, the proposed amendments establish the procedure, submittal requirements 18 and review criteria for the Landscape Permit application to modify the existing trees or palms; and 19 WHEREAS, the amendment also proposes to update the City's tree preservation code to 20 contain different replacement options for tree(s) or palm(s) that are removed or to be removed; 21 and 22 WHEREAS, these amendments are designed for the city to create extensive sustainable 23 green infrastructure by promoting tree and palm preservation; and 24 WHEREAS, the City Commission of the City of Boynton Beach has considered the 25 recommendations and has determined that it is in the best interest of the citizens and residents of 26 the City of Boynton Beach, Florida to approve the amendments to the Land Development 27 Regulations as contained herein. 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 31 confirmed by the City Commission. 32 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, Article II, 33 Section 5. Permit Applications is hereby amended as follows: LI S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental) - Ordinance.Docx 1551 34 CHAPTER 2. LAND DEVELOPMENT PROCESS 35 36 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 37 38 Sec. 5. Permit Applications. 39 40 B. Zoning Permit. 41 1. General. 42 a. Purpose and Intent. The purpose and intent of this subsection is to set forth a well - 43 defined application process, review criteria, and uniform procedure for the processing of zoning 44 permits and zoning verification letters, to ensure that certain structures and site improvements 45 comply with the respective requirements and standards described in these Land Development 46 Regulations and the city's Code of Ordinances. 47 b. Applicability. A permit, issued by the Planning and Zoning Division, shall be required 48 for accessory structures and site improvements proposed on any parcel or development unless 49 otherwise specified herein. The following types of requests or improvements do not require a 50 building permit but do require a zoning permit or zoning verification. Such improvements or 51 requests include but are not limited to the following: 52 (1) Accessory structures, limited to a maximum of one (1) open air structure or gazebo 53 less than one hundred (100) square feet and used in connection with a principal residential 54 dwelling or use. Chickee huts are exempt from the above size limitation; 55 (2) Animal enclosures; 56 (3) Fences on residential property (single-family; two-family; and single-family attached 57 if fee -simple ownership) with a maximum height of six (6) feet; unless used as a barrier around a 58 swimming pool, spa, or rooftop equipment; 59 (4) Impervious surfaces that are unenclosed and uncovered, including but not limited to 60 driveways, patios, steps, stoops, terraces, sidewalks, and the like, regardless of proposed surface 61 materials (e.g., pavers, asphalt, concrete, etc.). 62 The zoning permit shall not be applicable to new impervious surfaces and improvements 63 normally administered by other Divisions in the city, such as by the Engineering or Building 64 Divisions. A land development permit (LDP) from the Engineering Division shall be required in 65 lieu of a zoning permit for any proposed driveway, patio, terrace, sidewalk, or the like in excess of 66 eight hundred (800) square feet. Impervious surfaces or improvements that would require a 67 building permit (in lieu of a zoning permit) include reinforced concrete pads connecting with 2 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Doex 1552 68 existing buildings to be used as a slab for future building additions; required handicapped 69 accessible routes; framed decking improvements; or other similar improvements. 70 It should be noted that any proposed impervious surface and/or site improvement that 71 decreases permeable land area in excess of eight hundred (800) square feet on any given parcel 72 in the city shall be reviewed for compliance with the drainage standards of Chapter 4, Article VIII, 73 Section 3.G:, and/or the Engineering Design Handbook and Construction Standards. This review 74 requires the submittal of a drainage plan prepared by a licensed professional engineer based on 75 the design standards referenced above. 76 (5) Community gardens. See site plan review (Section 2.F. above) for community 77 gardens containing storage and/or agricultural structures that are greater than one hundred 78 (100) square feet. All agricultural structures and storage structures greater than one hundred 79 (100) square feet shall require approval of a building permit in accordance with Chapter 2, Article 80 IV, Section 2. 81 c. Compliance with Florida Building Code. Any proposed structure or improvement that 82 includes an electrical, plumbing, or other similar component which is subject to compliance with 83 the Florida Building Code, shall require a building permit, and the review for such improvement 84 that would have been conducted as part of the zoning permit process, will alternatively occur as 85 part of the review for the building permit. See Chapter 2, Article IV for additional regulations 86 regarding the building permit review process and procedures. 87 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this 88 application. 89 3. Review Criteria. Each structure or improvement shall comply with the following: 1) all 90 zoning requirements of Chapter 3, including the supplemental regulations of Article V; 2) all 91 applicable site development standards described in Chapter 4; and 3) the applicable regulations 92 of City Code of Ordinances Part II. Notwithstanding compliance with the aforementioned 93 regulations and standards, their specific provisions are referenced as follows: 94 a. Fences. Chapter 3, Article V, Section 2; 95 b. Arbors, trellises, and pergolas. Chapter 3, Article V, Section 3.F.; 96 c. Open air structures and gazebos. Chapter 3, Article V, Section 3.G.; 97 d. Permanent sheds and storage structures. Chapter 3, Article V, Section 3.E.1.; 98 e. Decks, patios, steps, stoops, and terraces (unenclosed and uncovered). Chapter 3, 99 Article V, Section 3.B.; 100 f. Animal enclosure. City Code of Ordinances Part II, Chapter 4, Section 4-4; and 101 g. Driveways for single-family and duplex dwellings. Chapter 4, Article V, Section 2.B. 3 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1553 102 4. Approval Process. The application shall be reviewed by staff and action will be taken by 103 the appropriate administrative official. 104 5. Expiration. A zoning permit is valid for a period not to exceed six (6) months from the 105 date of issuance. If construction of the improvement covered by the zoning permit has not 106 commenced within this time period, the permit shall expire and be cancelled with written notice 107 to the applicant. 108 6. Time Extension. An extension of the permit for a period not to exceed ninety (90) days 109 may be requested in writing by the applicant if received by the Division prior to permit 110 expiration. The- fee fer requesting a peFFRit exten-sie—n Shall -he appreved by the City Cemmissien 111 and Fnay be .,,, �;�,, ,� frem time to tinz - 112 113 C. Landscape Permit 114 1. General. 115 a. Purpose and Intent. 116 The purpose of this subsection is to set forth uniform procedures, application 117 processes, and information to guide modification to the existing trees, palms, or 118 vegetation located on a property. 119 b. Administration. 120 The Director of Planning and Zoning or designee shall have the authority to interpret 121 and administer this subsection. 122 c. Applicability. 123 Removal, relocation, replacement, or substantial alteration of a tree with a caliper of 124 three (3) inches or greater and a palm with a clear wood of six (6) feet or greater are 125 required to obtain a Landscape Permit, except for exemptions provided below. 126 2. Exemptions. 127 This provision set forth in this subsection shall not apply to the following; 128 a. Single -Family Homes and Duplexes 129 Individually platted lots containing single-family homes or duplexes located within 130 residential zoning districts are exempt, provided that they do not have a plan approved 131 under review of Part III, Chapter 4, Article I and II, or they do not contain specimen 132 trees. A specimen tree is protected in accordance with Chapter 4, Article I, Section 4.13. 133 Preservation Efforts; 134 b. Community Gardens M S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1554 135 Fruits, vegetables, nuts, and herbs that are planted and growing in a community garden, 136 which is approved by the Citi 137 c. Licensed plant nurseries or tree farms 138 All licensed plant or tree nurseries or tree farms shall be exempt from this subsection 139 only in relation to those plants that are planted and growing on the premises for the 140 sale to the public in the ordinary course of such business; 141 J. Emergencies. 142 The provisions of this article may be waived by the Director of Planning and Zoning or 143 designee during a period of emergency, such as during a hurricane, tropical storm, 144 flood, or any other Act of God; and 145 e. City -owned and operated facilities excluding rights-of-way 146 3. Public Utility Agencies. 147 Public utility agencies may be authorized to remove or trim existing trees or palms that 148 interfere with infrastructure located within easements or rights-of-way, or which 149 otherwise endanger the safety and welfare of the public, without obtaining a landscape 150 permit. However, if the plant material was part of the approved plan, the responsible 151 party or property owner will be required to mitigate removal of the plant material. Trees 152 or palms that are removed or damaged by a public utility agency shall be replaced with 153 comparable material and provided on a tree -for -tree or palm -for -palm basis, as 154 applicable. 155 4. Hazardous and Diseased Trees and Palms. 156 Hazardous and diseased trees and palms may be removed under the supervision of an 157 arborist certified by the International Society of Arboriculture or a Florida licensed 158 landscape architect. The Director of Planning and Zoning or designee shall be notified by 159 the arborist or landscape architect with a condition assessment report and photos prior 160 to removal. Comparable replacement of such trees and palms shall be provided on a tree - 161 for -tree or palm -for -palm basis, as applicable, unless waived by the Director of Planning 162 and Zoning or designee. 163 5. Removal of Invasive Species. 164 Removal of invasive species, as defined in Part III, Chapter 4, Article I, shall be approved 165 with a Landscape Permit, and replacements of such removal are not required. If the 166 invasive species were previouslyapproved as part of or contribution to a landscape plan, 167 or otherwise to comply with the standards of Part III, Chapter 4, Article II, removal of such 168 species shall be replaced on a one-for-one basis. 169 6. Review Criteria. A permit shall comply with the followi S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1555 170 a. Consistency with characters and materials of the approved master plan or site plan; 171 b. Requirements of the zoning district regulations of Chapter 3, Article III; 172 c. Environmental Protection Standards set forth in Chapter 4, Article I; and 173 d. Landscape Design and Buffering Standards set forth in Chapter 4, Article II. 174 7. Submittal Requirements. 175 See Chapter 2, Article II, Section 1.D for the submittal requirements of this application. 176 8. Approval. 177 The Director of Planning and Zoning or designee shall review a complete application, 178 including submittals, and take action based on the review criteria set forth in this 179 subsection. A Landscape Permit shall be approved upon finding that all applicable 180 standards defined in the Land Development Regulations are met. 181 A Landscape Permit shall be approved after issuance of a Building Permit associated with 182 the site plan and corresponding landscape plan, if applicable. 183 9. Expiration. 184 Approval of a Landscape Permit is valid for a period not to exceed six (6) months from the 185 date of issuance. If the scope of work covered by this permit is not commenced within 186 this time period, the permit shall expire and be automatically cancelled. 187 10. Time Extension. 188 An extension of the permit for a period not to exceed ninety (90) days may be requested 189 in writing by the applicant if received by the Division prior to the permit expiration. 190 191 192 193 Section 3. City of Boynton Beach Land Development Regulations, Chapter 4, Site 194 Development Standards, Article I. Environmental Protection Standards is hereby amended as 195 follows: 196 CHAPTER 4. SITE DEVELOPMENT STANDARDS 197 ... 198 ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS 199 200 6 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1556 201 Sec. 1. General. 202 A. Short Title. This article shall be known and may be cited as the "City Tree Preservation 203 Ordinance." 204 B. Purpose and Intent. The city recognizes the inherent value of trees and other plant material. 205 Healthy vegetation aids in reducing destructive environmental factors to real property, such as 206 wind, noise, and the potential for erosion to the city's soils and beaches. Trees and shrubs 207 contribute towards energy conservation and management by producing oxygen and absorbing 208 carbon dioxide. They have a positive effect ion surface drainage, and help to provide a beautiful 209 and aesthetic environment for residents, businesses, and visitors. The purpose and intent of these 210 Regulations, therefore, is to promote the health, safety, and welfare of the community by 211 establishing rules and regulations governing the protection of trees and vegetation, in 212 conjunction with encouraging the installation and/or proliferation of healthy trees +nand 213lbs Ip ants a*din appropriate locations and quantities. 214 C. Administration. The Director of Planning and Zoning or designee shall have the authority to 215 interpret and administer this article. 216 D. Applicability. The provisions of this article shall apply to a4a real property in the Eity that is 217 intended for development or redevelopment, and when c, Eh tree for removal activity that is 218 initiated by the property owner or agent thereof. 219 E. Exemptions. 220 fellewi - The provisions of this article shall not apply to the exemptions identified in Part III. 221 Chapter 2, Article II, Section 5.C.2. Exemptions. 222 223 224 225 226 helew 227 2. Community Garden. All fruffits, vegetables, nuts, and her -hs; shall -he exempt frern the 228 ffevisiens ef this with respeEt te these that are planted and grewing en the ffefflises in 229 230 . 231 3. Nurseries and Tree Farm,_;. All liEensed plant er tree nurseries eF tFee far.m.s shall 232 exempt freng the pFevisiens of this aFtiEle E)nly in Felation te these tFees planted and g 233 234 iptepded c -la to the geReFal p blit iR the eFd*1' aFy ce Arco of Such b sires 235 4. Public Utility Agepr_-Yes. P-_,_h1*r_- utility ageRGiP_r_ aFP_ al—IthA—FiZed— te Irelmleve er trim exiStiRg 236 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1557 .r_E91r_er-r_r_M:r_WWr-eVEM.PMEMS esrOMP-P.P.MnP-9 � P.M�- - -er_� 239 240 , fleed 241 of Ged. 242 5. _er_.,- - .. 245 F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which 246 pertain to the regulations and standards contained herein. 247 G. Conflict. Whenever the regulations and requirements of this Code conflict with any other 248 lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall 249 apply, unless otherwise stated herein. 250 Sec. 2. City Approval Required. 251 No plant material or vegetation shall be cut down, moved or removed, destroyed or effectively 252 damaged without first securing the necessary-(�City approvals-a*d 253 peffflits as previded hereundeF, e)(Eept on instaREes when exempt fFen9 these Regulations in 254 aEEeFdaAEe with SeE ieR 1.E. above. The following processes and permits shall be available to 255 ensure that all ,.leaFiRg and gFubbing aforementioned activities comply with the standards of this 256 article:. 257 A. Private Property and Public Lands. The property owner or agent shall file the following 258 applications prior to commencement of any of the aforementioned EleaFiRg and grybbiRg 259 activities as applicable: 260 1. Site Plan Review. 261 ExEept for iRdividually platted lets rCeRtaining single family and duplex herner- le-cated- within 262 single family and +w e family residential z g dim-, „-+�, +The site plan review process shall be 263 required and reviewed in accordance with the procedures set forth in Chapter 2, Article II, Section 264 2.F. r F +„ the *,-;,-;----;;Ar--P- of any IaR d development permit. For the purpose of this subsection, the 265 term "site plan" is construed to include master site plan and technical site plan applications, and 266 to ultimately mean landscape plan review and approval. T#e 267 268 , 269 270 pFeseFvatieR effe-45; of Cee-sti R 2 R b e*,, 271 272 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1558 273 2. Land Development Permit. 274 275 276 .The 11 -and dDevelopment Permit application shall be PFeEessedrequired 277 and reviewed in accordance with the procedures set forth in Chapter 2, Article III, Section 3. T#e 278 City FeFesteF Fnay Fequire the submittal ef a tFee suwey, tFee n9anagement plan, Native FleFida 279 280 , when determined neEessary te identify speEimen trees er te ensuire eempliaREe with 281 the p a+,^., ^ff^Y+-s .,f S +,^., - Q bele-vi. The issuance of a land development permit shall 282 not relieve any party from obtaining the necessary permits, which may be required by the various 283 federal, state, or local government agencies, 284 3. Landscape Permit. 285 A Landscape Permit shall be required and reviewed in accordance with the procedure set forth in 286 Chapter 2, Article II, Section S.C. 287 B. Gty Right -5 -of -Way Permit. 288 A (Right-of-wWay Permit application shall be required and reviewed 289 ^I-,nt ..,.,ate ial 46m a Eity Fight ef way in accordance with the procedures set forth in 290 Chapter 2, Article III, Section 4. The -City; )FesteF may req iFe the submittal of a +r^^ ,-„r.,^., +r^^ 291 management plan, Native FleFida Resystem Survey er inventery, er a Eembinatien thereef, as 292 paFt ef the Eity right ef way peFFnit appliEatien, when determined neEessaFy te identify speEingeig 293 tFees .,r to eRSUFe pliany +h the . at*A— , effA—Fts .,f Se -+i.,.. R.R. below. 294 Sec. 3. Preservation Principles. 295 A. High Ecological Importance. Areas that are considered to be of high ecological importance 296 should be given the highest priority for protection. These areas include but are not limited to the 297 following: 1) have occurrences of federal and state listed species of flora and fauna; 2) have 298 biological diversity; 3) are located in aquifer recharge zones; and 4) are known to provide habitat 299 for inhabit threatened and endangered species of fauna and flora. Therefore, the 300 natural areas shall be protected as f T, 301 B. Easements and Rights -of -Way. Utilities, stormwater easements, and rights-of-way should 302 avoid preserved areas. 303 C. Contiguity. Areas set aside for preservation should be contiguous parcels of land that are 304 interconnected and considered viable habitat for wildlife to the extent practical. Small 305 fragmented areas of preservation should be avoided when possible. 306 Sec. 4. Standards. 307 The following standards shall be considered in order to ensure the protection of existing 308 vegetation: S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1559 309 A. General. All proposed developments shall be designed to preserve, perpetuate, and 310 improve the existing natural character of the site. Existing native trees and other landscape 311 features shall, to the maximum extent possible, be preserved in their natural state; and additional 312 landscape features shall be provided to enhance architectural features, to relate structural design 313 to the site, and to conceal unattractive uses. In all instances the -ECity's landscaping requirements 314 and all other applicable regulations shall be fully complied with as minimum standards. Ne tFee 315 shall be Femeyed fFem aRy Effity pMpeFty, lands, publiE paFlE, er any aFeas within a Eity Fight E)f 316 pt in aEEeFdaREe with the PFeYi5ieR5of this aFti le 317 High-quality areas placed in preservation shall be retained in entirety in their current or 318 improved natural state, and protected iR perpetuffity regardless of ownership. This requirement 319 may be negotiated to create contiguous preserva4&Res among plant communities. During the 320 site plan review process, the applicant shall be required to prove that the highest ecologically 321 valued land is being retained first. If the preservation of the highest ecologically valued land 322 pFeduees U Rd,-^ b irde-R ^lp the deeey.,Il.Y,.,- epA renders infeasibility of the site development, it shall 323 be the applicant's responsibility to prove such hardship and provide an acceptable alternative for 324 approval. 325 Rights-of-way and areas determined to be future rights-of-way in the Comprehensive Plan 326 and utility or drainage easements shall not be allowed as designated set-aside areas for 327 preservation purposes. 328 B. Preservation Efforts. 329 1. Beach Dunes. The natural vegetative cover on beach dunes shall be preserved in an 330 undisturbed state of growth as a fragile ecosystem. No beach dune vegetation, grass, sea grape, 331 and tree development shall be altered, removed, or changed except in accordance with federal, 332 state, county, and local regulations. 333 2. Mangrove Areas. Well-documented scientific research has established that mangrove 334 areas are the ecological base of the biological food chain for many important species, including 335 some species of fish that are important for sport and commercial fishing. Mangrove trees, which 336 are of considerable aesthetic value, also serve as protection against storm surgeas well and 337 provide a habitat/shelter for birds and other wildlife. For these reasons, land development and 338 construction thereon, shall be conserved to the maximum extent possible and only altered in 339 accordance with federal, state, county, and local regulations. 340 3. Specimen Tree Designation. The Director of neyel„r. entPlanning and Zoning may, by 341 written request to the City Manager, recommend from time to time the official designation of 342 certain trees located within the city as specimen trees. If the City Manager approves such 343 recommendation, the matter shall be presented to the City Commission for final determination. 344 The city shall notify by Eertified Mail the affected property owner of the proposed hearing 345 certified mail. The City Commission shall accept, modify or deny the staff recommendation. Any 346 proposal to remove a specimen tree shall be mitigated in accordance with Sectien 242. belev.f this 347 Article. io S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1560 348 4. Environmentally Sensitive Lands. 349 a. General. The purpose and intent of this section is to preserve and protect the values and 350 functions of environmentally sensitive lands from alterations that would result in the loss of these 351 lands or significant degradation of their values and functions. 352 b. Applicability. This subsection applies to all properties that contain environmentally 353 sensitive lands with an "A", "B", or "C" rating as pursuant to Table 22 of the Conservation Element 354 of the Comprehensive Plan. 355 c. Standards. The following standards shall promote the preservation of natural resource 356 sites: 357 (1) If the property proposed for development is greater than ten (10) acres, or is a 358 portion of a larger tract containing ten (10) or more acres of environmentally sensitive lands 359 designated as an "A" rated site, the developer shall be required to preserve a minimum of 360 twenty-five percent (25%) of all native plant communities on the site in one (1) unified preserve. 361 Habitats shall be preserved with intact canopy, understory and ground cover. 362 (2) If the property proposed for development is greater than ten (10) acres and has been 363 designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of 364 twenty-five percent (25%) of all native plant communities on the site. The preserve areas may be 365 separated into micro preserves. Habitats shall be preserved with intact canopy, understory and 366 ground cover. 367 (3) Natural re-se-urc-se sites identified *A Table 2 Of thP- Q)RservatiE)R EIP-MeRt A -f thP- 368 369 (25%) preserve area set aside subdivide., int^ smaller ricer+c 370 (43) The specific location of the preservation area shall be determined during the review 371 of a master plan or site plan. If no master plan or site plan is required, then such determination 372 shall occur during the review of the prepesed The ultimate area to be preserved shall be 373 indicated on the approved plan mor any corresponding plat. In determining the most 374 appropriate location for the preserve area within the site, the city shall consider factors, which 375 include, but are not limited to the following: proximity of the preserve area to developed and 376 undeveloped property; potential for immediate or future consolidation with environmentally 377 sensitive lands on abutting properties; ability to maintain the preserve area based upon 378 surrounding development and land uses; and the recommendations of staff or any consultants 379 retained by the city. The preserve area shall be maintained in accordance with 380 pFeseFye aFea management p!3- the Conservation Element of the Comprehensive Plan. 381 C. Mitigation of Existing Trees and PalmsrTable ^-1 MitigatieR of Exist*Rg Tr . All existing 382 trees and palms that are not preserved in place or relocated on-site shall be Mitigated 383 384 be based &A .,lir,„" dimeRsieR „r type „f tFee mitigated by replacement on-site or payment in - 385 lieu of replacement as indicated in the table he this subsection. The replacement shall be S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1561 386 provided on-site as indicated in the tables below and comply with the standards defined in Part 387 III, Chapter 4, Article II. Landscape Design and Buffering Standards. 388 1. Replacement. 389 The equivalent replacement for existing trees shall be based on caliper dimension or types of 390 trees based on the condition rating as indicated in the table below. The replacement for existing 391 palms shall be provided on-site as indicated in the table below. 392 393 394 Table 4-1-a Replacement 395 1. Large palms tFees are those species, such as Florida Royal, Canary Island Date, or any 396 other palm species determined by staff, to provide similar or greater shading Eempared 397 te a Eanepy tFee. 398 z, The cumulative caliper inches of existing trees to be removed shall be replaced on-site 399 with an equal or greater number of caliper inches of a replacement tree or trees. 12 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1562 400 401 3A ElkisteF E)f thFee (3) small or Fnediung size paing tFees shall be the equivalent 402 403 404 EOR9R9E)R ngathengatoEal Fule ef reunding shall be used when tabulating p 405 406 ° 407 substit-Ae , With palm spec Trees and palms proposed for replacement shall be 408 comparable or same species to the maximum extent possible. Replacement trees for 409 mitigation shall not be substituted by palms; however, replacement of palms for 410 mitigation may be substituted by trees. 411 4. Condition rating shall be determined by an arborist certified by the International Society 412 of Arboriculture or a Florida licensed landscape architect. 413 2. Canopy Replacement. 414 If trees or balms are removed before obtaining approval of a Landscape Permit and calipers of 415 removed trees cannot be determined from any remnants, the number of required replacement 416 trees and palms shall be calculated based on the removed canopy areas in square feet (sq. ft.) 417 determined by using aerial photography; photos; or review of a tree survey. Replacement canopy 418 area credit shall equal the canopy area removed, as provided in the table below. 419 420 Table 4-1-b Canopy Replacement Replacement Type Replacement Canopy Area Credit Tree that spreads a least 30 feet in diameter at maturity 200 sq. ft. Tree that spreads less than 30 feet in diameter at maturity 120 sq. ft. Lar e canopalm 100 sq. ft. Small canopy palm 60 sq. ft. 3. Payment In -Lieu of Replacement. 421 Upon determinina that replacement of removed or to -be -removed trees or palms is not feasible 422 due to the lack of available planting space, the Director of Planning and Zoning may allow the 423 applicant to meet all or part of the replacement for tree or palm by paying into the Tree Canopy 424 Trust Fund an amount of money according to the payment in -lieu schedule set by the City 425 Commission by resolution. The Tree Trust Fund shall be utilized to plant trees and palms, in 426 accordance with the standards in Part III, Chapter 4, Article II. Landscape Design and Buffering 427 Standards, associated with City projects or City Capital Improvement Projects. 428 429 D. Forestry Practices and Procedures. 13 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1563 430 1. General. The Director of Planning and Zoning or designee shall use the "Urban 431 Forestry Manual (L) TFees and Cei=154 +;^^", United States Department of Agriculture Forest 432 Service, 200§6 edition or latest supplement thereof as the arboricultural standard when 433 determining which forestry practice or procedure to apply when reviewing the following types of 434 activities: 1) any proposal to relocate, replace, or remove trees that are subject to the standards 435 and permitting processes of this article; 2) any proposal where the grade of the site is to be 436 raised or lowered around an existing plant; 3) where ditching for utilities, foundations, swimming 437 pools, driveways or the like will severely cut root systems; 4) where large paved areas will delete 438 the water supply and aeration necessary for the life of the tree or shrub; or 5) where a change in 439 the grade or drainage of development will seriously harm natural areas to be retained. 440 2. Land Clearing and Construction. 441 a. Vegetation that is set aside for preservation shall be protected from all on-site 442 construction. During the land clearing and construction stage of development, the developer 443 shall erect and maintain protective barriers (to city requirements consistent with best 444 management practices) around all trees or groups of trees to be protected. The developer shall 445 not allow the movement of equipment or the storage of equipment, materials, debris or fill to be 446 placed within the protective barrier. Removal or re -grading of soils within preservation areas is 447 prohibited. Any damaged vegetation located within the set-aside areas shall be replaced wit# 448 vegetatien equivalent to the vegetation deStF,.ye in accordance with this Article. 449 b. During the construction stage of development, the developer shall not allow the 450 cleaning of equipment or material within the drip line of any protected tree or groups of trees. 451 Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, 452 asphalt, concrete, mortar, and the like within the drip line of any tree or groups of trees. 453 c. No attachments or wires other than those of a protective nature shall be attached to 454 any tree. 455 d. If more than one (1) native terrestrial plant community is present on-site, areas 456 representing all existing plant communities shall be preserved on-site unless preserving more 457 e#than one (1) particular community is more ecologically beneficial. 458 E. Seeding and M lEhingSod. Properties shall be seeded sodded with drought tolerant grass 459 or other Florida -Friendly landscape material, and Fn lEh within thirty (30) days after any 460 clearing, grubbing, excavating, or filling activity, or prior to request for inspection to close out toe 461 land deve'^p vent a permit, whichever occurs first, eF subseqUent +„ Other m . b ildiR 462 ^'^Y.. elitiOR eF site w eick In the case where other site work is to occur and seeding and mu'Ehin_ 463 will net be peFfeFnged, the other site precautions, such as silt or erosion control fencing as 464 deemed appropriate, protection of storm drains, etc., shall be immediately implemented. Staff 465 shall inspect the seedled and m, s'''hed site work areas to ensure that adequate ground coverage 466 has been obtained. Repeated seediRg and m, �'^hi^^ may be required uA i' the tisf +„r„ 467 e^"^ron^ is acce mnlished 14 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1564 469 470 Sec. 5. Fertilizer Regulations. 471 See ARTICLE XII. FERTILIZER USE REGULATIONS of this Chatter for the fertilizer reaulations. .�.r_■w�er_r_sir. eer_�s°- - - :r_rsree�ra�r_nzw_��rser_rs 1111161,111 11 oil ._M-111 I SENIOR 11 12110, 01 W1, � LTJ lel �lli�J■�l�l:�■l.L�l��1:liZ�tiJ■L�1;J�■■IJLJ�L��■lS�■■lR ��■li��■�'.'L�li�J tS�■L�■l��J li�li�L l��l lel` •. �re�rrr�ssr_r.��es��sw_rans�r_Er_ r�ssvr".. rrw. _s 486 feFtilizeF and aFeas ef appliEatie, —F 1-6111—F t8 urban landSEapes within the City, unless SHEh 487 appliEatien is spedkally exempted by SeEtmen 11 ef this aFtiEle. This seEtmE)R shall be pFeSpeEtive 4.. 490 491 IandSGape plaRtS d IF*Hg the prehihited appliGatieR peried er to sawrated ;Ailr 492 493 , 494 495 . 496 D. FeFtilizeF FFee Zones. FeFtilizeF 5hall net be applied within ten (10) feet, E)FthFee (3) feet if a 497 defleEtE)F shield E)F dFE)p spFeaeleF *5 Used, ef any pend, s4eang, wateF body, lake, Eanal, eF wetland 498 defined- by the Florida Department Af Ppy0rApmppt;;1 PrAtpc-t0E)A(ChapteF 62-340). F.AOC. or 499 fFGFn the top ef a seawall A—r lake budkhead. Newly p !anted turf er landSEape plants may be 500 feFtilized on this zene enly fer a sixty (60) day peF*ed beginning thiFty (30) days after plaRtiRg, i 501 needed, te allew the vegetatien te beEeFne well established. CautieFi shall be used te pFevent 502 diFeet depesitie—A .,f fortili-or i„t„ the iNateF 503 E. [.stili",r CeRteRt and ApplicatieR Rates 15 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1565 506 ^!1!iM. _IT-R_� _E requienEy 507 RgaxingtAngs, whiEh YaFy by plant and tuFf types, are feHnd on the labeled feFtiliZeF bag Of 0• _ 509 510 , 511 vegetable gardeRs, and fFHit tFee5 and shFtAbs, unless a sed Ew tissue ElefffiEbeREY has beeR verified 512 by an appFeved test. Muer_r�m_ Department 516 _ .. Rqayame- e applied 517 ;ir-r-tqptdpipr-p With Ri ile SE 1.003(2), 518 F. �eaili-„r AppliEatieR orarstir„s 519 520 521 522 523 524 525 legally applied tE) tHFf er any E)theF legal site, eF FetUFRed te the eriqinal eF etheF appFE)priate 526 E^ 527 528 cterrvm•niator draiRs ditches, eeRye yaRGoc Gr •ni-tor bedies, 529 530 531 532 I IC/TCAS Cleri.d-,_CrieRdly I aR dS.-ape Program 533 534 535 , 536 537 538 Eedes and r „I.,ti„R. 16 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1566 543 544 , 545 546*li;zpl: withim the City shall abode by and All Rai appliEatE)FS A -f. 547 SHEEessfully EE)Fnplete the six heuir tr :IM in the Best Management 548 549 550 551 552 553 554 555 MCI 557 EI..� - _ n,r.Ij --- I...-_rsr_s1. - - — .W—_ -9-M__ _r_.s crsr—.uw.�n r�rr_�_,- I ..- �n e - - Ir -•1 appFepFiate Best M • - 64 565 PFieRdly Best MaRagernept ' ' '_ •• - Receipt• -jUly 31, 2019, Department568 EaFFY on their pessessien at all, t ... Anes I.A.fhen applying feFtilizer, e,.,*P-ip-.Pc--P- A -f bt-t4e 569 FIE)r*da 571 572 573 574 575 • �rseir.s�i■ss�r�ss_r.■se�rr�srire�r■rrr_�r�ssr_tsea�rirr.OWN 17 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1567 578 aR F. 81 PFE)seEutien ef VOE)IatOE)RS- ef the State - - the aiAhOFity • -' '- Kf'�C? • excee.. .. 589 590 591 592 593 rja a a.ly,�nrrn._ � —.1y _. mss , 596 an appeal shall net - - 597 EFeated befeFe the BeaFd OF SpeEial MasteF. An appeal shall be filed within thiFty (30) days ef the •• exer-sultieR ef the order te be appealed. 599 Sec. 6. Hazardous or Diseased Trees and Palms. 600 ARy dyiRg er dead tree the eity dete....i pese a threat, ha2ard, er daRger te the p, blie shall 601 602 603 604 diseased trees er these in a ce—Aditie—A that peteRtially ce_.Atamipate ether trees, ruch ar thp 605 lethal yell,,wing of ,-eEeR„+ pal,.,., trees Hazardous or diseased trees or palms shall be reviewed in 606 accordance with the procedures set forth in Part III, Chapter 2, Article II, Section S.C. Landscape 607 Permit. 608 Sec. 7. PFehibitedTFees,E)(etiE, Invasive Species. 609 A. General. Plants classified as a Category I species on the EUFFent PFOhibited list published by 610 the Florida Exotic Pest Plant Council (FLEPPQ ares prohibited within the city. 611 B. wee Removal and Mitigation. AfeePlants classified as a pFehi 4te4Category I species 612 ^P^r *his S,,hs +;^lp shall be removed at the expense of the property owner prior to 613 commencement of construction in accordance with the following: 614 1. Vacant and Undeveloped Property. 18 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1568 615 616 617 618 KI 620 affes a land deve'^pm^n+ r,^r ,,;+ A landscape permit shall be required in accordance with the 621 procedures set forth in Chapter2,ArtiEle M, SeEtie„3 Part III, Chapter 2, Article II, Section 5.0 to 622 remove exet+E a -Rd invasive species, ^ pt where exempt under the r, of Sectie^ 1 � 623 awe. 624 2. Developed Property. On properties that have valid master plan or site plan (landscape 625 plan) approval, ^^develepme^+ perpnit a landscape permit shall be required to remove 626 ^.�Finvasive trees species cn le -r5 , the subjec=t trees .,^r^ ,r siy ap preyed as pa Ft a e+ 627 , 628 AFtiEle 11, LandsEape Design and Bu4eFiRg Standards. in these instaREes, thin nomAwfl Af ;;II C. -r-h 629 in accordance with the 630 procedures set forth in Part III, Chapter 2, Article II, Section 5.C, at the expense of the property 631 owner. Fer the purpose ef this seEtieA, the teFng "site" 632 plan and teEhn*Eal site plan applkatiens, and te ultimately n9ean the pFeEess by WhiEh-a- 633 landSEape p! 634 Sec. 8. Appeals. 635 A. General. Any aggrieved person may appeal a decision of an administrative official in 636 accordance with Chapter 1, AFt+Ele "�SeEtie„T Part II, Chapter 27, Article X. Appeals. 637 B. Environmentally Sensitive Lands. When appealing the provisions of Section -34.6.4. above, 638 the appellant shall address the following: 639 1. Whether the subject property is an environmentally sensitive land or contains 640 endangered, threatened, and rearrare species and/or species of special concern in accordance 641 with the definitions in Chapter 1, Article II; and 642 2. Whether the conditions placed on the development application are reasonable and 643 represent sound environmental practices necessary to mitigate possible harmful impacts upon 644 the subject property and are necessary in order to protect the health, safety, and welfare of the 645 citizens of the city. 646 Sec. 9. Penalties. 647 The city or any other legal authority shall enforce any violation of this article pursuant to the 648 penalty provisions contained in Chapter 1, Article I, Section 7. Penalties of these Land 649 Development Regulations. 1R additieR, +r,^ r -3I of earch tree shall e Pis ttutee a separate 650 eff^Ase --- r,d-^r +h,- ar+,rl^ 651 19 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1569 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 Section S. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. FIRST READING this 18th day of July, 2023. SECOND, FINAL READING AND PASSAGE this day of August, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice -Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. 20 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1570 City Attorney S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, And Ch 4) (Permit Process And Environmental)- Ordinance.Docx 1571 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-023 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director FROM: Jae Eun Kim, Principal Planner DATE: June 27, 2023 REQUEST: Approve modifications (CDRV 23-005) amending Part III. Land Development Regulations, Chapter 2, Article II, Section 5. Permit Applications and Chapter 4, Article I. Environmental Protection Standards, to create a landscape permit review and approval process and to modify preservation and mitigation regulations. OVERVIEW The City's current Land Development Regulations (LDRs) do not include a procedure for tree and palm removal nor does it provide mitigation options for replacement with the exception replacing the tree caliper. The proposed amendments establish the procedure, submittal requirements and review criteria for the Landscape Permit application to modify the existing trees or palms. The amendment also proposes to update the City's tree preservation code to contain different replacement options for tree(s) or palm(s) that are removed or to be removed. The proposed amendments are designed for the city to create extensive sustainable green infrastructure by promoting tree and palm preservation. EXPLANATION & PROPOSED AMENDMENTS Landscape Permit The current LDRs does not outline or define a review criteria or process when it is necessary to remove trees and palms, or for land clearing. The proposed amendment establishes a Landscape Permit in the LDRs to address such required or necessary removal with respect to the preservation effort. The landscape permit includes three (3) notable points to direct applicants. 1. Exemptions. The exemptions are currently defined to allow tree and palm removal without any replacement and are regulated under Chapter 4, Article I. Environmental Protection Standards. The amendment proposes to relocate the exemptions under a new Landscape Permit procedure and further clarify them to be a user-friendly. 2. Different events. The removal of trees and palms can be necessary to preserve healthy environment and neighborhood, and further public safety, such as tree clearance by a utility company, or removal of invasive species. Under the current regulations, replacement is not required for such removal. The proposed amendment will require replacement with respect to the approved landscape plan and consideration to the existing site conditions. 1572 Page 2 Environmental Protection Standards Amendment CDRV 23-005 3. Review criteria and approval process. A Landscape Permit establishes and emphasizes the review criteria that warrant the requested removal of trees and palms being consistent with the LDRs. A Landscape Permit is also designed to regulate the approval process and expiration as it is a permitting tool for tree or palm removal. Environmental Protection Standards The amendment proposes different mitigation options regarding replacement requirements for tree or palm removal, whereas the current LDRs regulate the tree caliper replacement only. This amendment also proposes to remove subsections from Chapter 4, Article I and rewrite them under a Landscape Permit to provide a comprehensive and uniform review process for tree or palm removal while being consistent with other Articles in the LDRs. The amendment for Article I. Environmental Protection Standards can be outlined with three (3) notable points. Reviews and Exemptions • Exemptions to the City approval requirements for a development application pertaining to the existing trees and palms are removed and rewritten under a Landscape Permit. • The subsection referencing invasive species is updated and rewritten for clarification, and the removal process of invasive species is recollected under a Landscape Permit procedure. 2. Mitigations. Three types of mitigations will direct the development applications pertaining to tree or palm removal. • Caliper Replacement: The cumulative caliper inches of existing trees to be removed is required to be replaced on-site with an equal or greater number of caliper inches of replacement canopy tree(s). • Canopy replacement: If trees or palms are removed before obtaining approval of a landscape permit, the number of required replacement trees or palms is based on the removed canopy areas in square feet (sq. ft.). This is determined by using aerial photography; photos; or review of a tree survey. Replacement canopy area credit is required to equal the canopy area removed. • Payment In -lieu of replacement: Upon determining that replacement of removed or to -be - removed trees or palms is not feasible due to the lack of available planting space, the Director of Planning and Zoning may allow the applicant to meet all or part of the replacement for trees and palms by paying into the Tree Canopy Trust Fund an amount of money based on the payment schedule set by the City Commission by resolution. 3. Update and Cleaning up Fertilize regulations are currently defined under both Chapter 4, Article I and Chapter 4, Article XII. This amendment proposes to remove the fertilizer regulations from Article I and refer it to Article XII. Fertilizer Use Regulations, as approved via Ordinance no.11-019. The amendment also proposes to remove redundant verbiages throughout subsections in Article I to be consistent with other parts of LDRs. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Land Development Regulations to establish a procedure for a Landscape Permit and mitigation options to be utilized for development applications pertaining to removal of trees and palms. Attachments 1573 PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Sec. 5. Permit Applications. B. Zoning Permit. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to set forth a well- defined application process, review criteria, and uniform procedure for the processing of zoning permits and zoning verification letters, to ensure that certain structures and site improvements comply with the respective requirements and standards described in these Land Development Regulations and the city's Code of Ordinances. b. Applicability. A permit, issued by the Planning and Zoning Division, shall be required for accessory structures and site improvements proposed on any parcel or development unless otherwise specified herein. The following types of requests or improvements do not require a building permit but do require a zoning permit or zoning verification. Such improvements or requests include but are not limited to the following: (1) Accessory structures, limited to a maximum of one (1) open air structure or gazebo less than one hundred (100) square feet and used in connection with a principal residential dwelling or use. Chickee huts are exempt from the above size limitation; (2) Animal enclosures; (3) Fences on residential property (single-family; two-family; and single-family attached if fee -simple ownership) with a maximum height of six (6) feet; unless used as a barrier around a swimming pool, spa, or rooftop equipment; (4) Impervious surfaces that are unenclosed and uncovered, including but not limited to driveways, patios, steps, stoops, terraces, sidewalks, and the like, regardless of proposed surface materials (e.g., pavers, asphalt, concrete, etc.). The zoning permit shall not be applicable to new impervious surfaces and improvements normally administered by other Divisions in the city, such as by the Engineering or Building Divisions. A land development permit (LDP) from the Engineering Division shall be required in lieu of a zoning permit for any proposed driveway, patio, terrace, sidewalk, or the like in excess of eight hundred (800) square feet. Impervious surfaces or improvements that would require a building permit (in lieu of a zoning permit) include reinforced concrete pads connecting with existing buildings to be used as a slab for future building additions; required handicapped accessible routes; framed decking improvements; or other similar improvements. It should be noted that any proposed impervious surface and/or site improvement that decreases permeable land area in excess of eight hundred (800) square feet on any given 1 1574 parcel in the city shall be reviewed for compliance with the drainage standards of Chapter 4, Article VIII, Section 3.G.„ and/or the Engineering Design Handbook and Construction Standards. This review requires the submittal of a drainage plan prepared by a licensed professional engineer based on the design standards referenced above. (5) Community gardens. See site plan review (Section 2.F. above) for community gardens containing storage and/or agricultural structures that are greater than one hundred (100) square feet. All agricultural structures and storage structures greater than one hundred (100) square feet shall require approval of a building permit in accordance Chapter 2, Article IV, Section 2. c. Compliance with Florida Building Code. Any proposed structure or improvement that includes an electrical, plumbing, or other similar component which is subject to compliance with the Florida Building Code, shall require a building permit, and the review for such improvement that would have been conducted as part of the zoning permit process, will alternatively occur as part of the review for the building permit. See Chapter 2, Article IV for additional regulations regarding the building permit review process and procedures. 2. Submittal Requirements. See Section I.D. above for the submittal requirements of this application. 3. Review Criteria. Each structure or improvement shall comply with the following: 1) all zoning requirements of Chapter 3, including the supplemental regulations of Article V; 2) all applicable site development standards described in Chapter 4; and 3) the applicable regulations of City Code of Ordinances Part II. Notwithstanding compliance with the aforementioned regulations and standards, their specific provisions are referenced as follows: a. Fences. Chapter 3, Article V, Section 2; b. Arbors, trellises, and pergolas. Chapter 3, Article V, Section 3.F.; c. Open air structures and gazebos. Chapter 3, Article V, Section 3.G.; d. Permanent sheds and storage structures. Chapter 3, Article V, Section 3.E.1.; e. Decks, patios, steps, stoops, and terraces (unenclosed and uncovered). Chapter 3, Article V, Section 3.B.; f. Animal enclosure. City Code of Ordinances Part II, Chapter 4, Section 4-4; and g. Driveways for single-family and duplex dwellings. Chapter 4, Article V, Section 2.B. 4. Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official. 5. Expiration. A zoning permit is valid for a period not to exceed six (6) months from the date of issuance. If construction of the improvement covered by the zoning permit has not commenced within this time period, the permit shall expire and be cancelled with written notice to the applicant. 6. Time Extension. An extension of the permit for a period not to exceed ninety (90) days may be requested in writing by the applicant if received by the Division prior to permit expiration. e Ried;";ed from time to }im® (Ord. 10-025, passed 12-7-10) 2 1575 III ainds�ap"'. Ieirnflt I Geiqeirdl z:: �)11::urpose aim,l hinteint he pi,,Aimose th�ls subseclJoin is to set !brth uirflfolinn'� p'ogg�i�91 gill do g::h,�b,: qig:lficahJoini tcn the &!ldsting tlgg�, R4M' 011' ve etafloin bc*ded cili,ii zi 9 b Adiqilinlstiradoini he II )�irectoir of I °Ibinrfling 2�" shdl� have flhe aiidh�)rky �g iritel"pir(::0 aind adirnJiriusteir Its SUcisection f Rerrvwalll, ardocaUcin, !2!, substairfl:idl i �reewk:Jh a cdupgof hiree (',a) indhes oir 9!o:: 9 �2E god 9 2glt Wflh :a....( Ji :all wc�:)d (2 s�x fgt2� g[ g�,eateII ::re regguired U) doh Eflin a ll aridscap2 Eg[o k, a (a ep! fgu,' gxg 1�21iI s Vd1!� !d odow 1ii set Foldhi uiin hJ')iS ehdll not apIjy Ig tjIg fgWjp� ng!! a S u '1" 9!9! Eguildly Ljii:fl'flias hi n(JkJdil 41y Agl!ga Ik.11ts Coll, ntallin llri'.j �jgpha�xes bcat(:X,j Wid dii reskjeinhJ4l zgiriuin('] a.�ishdd,s are exenipl, pMyi(:Jg!�J that: !hey 0113 uwd.11aenwwe a pl�g2 awppMvew :J urick.::!ir r(.1view U' II "aift '............. Q ��a . �i............o.....h... -I ............ y ...j ...................................o.........................c.........................i.r.............. a tl'eeAp2jillen. Iree is p[gigglgiii uin, accorch unc(:) Wflhi 4, rfide III edoin 4 IIIA "reserivafloin fk 11, S" : 2 1 gi C 1, r q ril ir I IIty g g j e in I Ui i� I s aind heid)s ftliat aire 2!�o,itgd �:umd a� "0 c 11111111ulNty veg2:�: k!S1 nut �Y��muog !21 w wll]uC[l IS i12HOMO II 2Y !II 9!2:YA` c jceinsednursii,,inies or firee fainin iis Afll l�censed gE j!ee nursii::"in(:ws of be(:" N:unnris shdll x ii�miirnpt :irii:mn ii tNs saflasectlioin g!y cull irdaboini to tb�,2�2 I0911tw ±gn a:jjr(:a arn�j gLQNAwo I og I ] ffie Il2u,errds(:%s R�)r His sde to the pgLIEC Illn thii::11)11riiineua y of siluch bu§ness 12 PEOIVI!:31110111' Ills of his arfide n1a�ij ��2g vvguive�:l v ffie )�rectii��ir of ) � IgDding aail j'2!0111111ng 2p' dg�u9! naw g! dgam g 22!iia�J d: 11911111111::H� 0111c , su�:,dh as dUiluilicl g b�au[aJgane, SOinni, y flood, or ainy p1bgj, r8gj gf a jg� , aind e Q t a ruu wti'all"Ilr"h ogg�-ated fadlllufles & as hding jgt&gf Agy h:::RdLHy '�,ggociies Utd�ky gg2�2gr::!S III bg ggffigilzed b rern��vve oil,, trjrn exisdin g a �� in, ii s t hi a t inilerteire Wift'i bcateold Wflhlini easerneints a nu aridhs wav, or w[ik;[i 1576 dh JerWse eiridainggE fl ig �g�::et�jj� usurp �Igl�g 2f lbg 2gUuc' wAjd lig t �ot,)tauinlJing g 2911,11111 u t owever:1 ld:: the II21gol u u u ua pau ulll wgs II2gEt 2f tn2 XWE y2d 0121 3� (:) midggig �gj �x 1bg 2�gn�: rna�, - a�� e, 2�::�Irty Or gA!�eir wdl� be rii:32111 j t I N E' 1111 11 " es t coinipguflde eiid1 w�u,id ..on a tre!e fci ii tree x ilasils, as gpplllk: 2lJb azardous aind1)'� c j � r es and ��!Ildims 13ez:ise( 11 lie lazar(,lous and diseased treii:Ds aind 12�::dn IS In lay ti(:) ei,noved � undi!:)r ti Ile sl�'APffy�gin of In ,Irboi,ist ceirij I (:: d Ilwy he �� in terrilaf ��oi, I d S giet of Arboijg flH re or a birda Illcensed I � 0 � y Iairidscapg h II1rectc)i, u':fl: 21'oin�ing g��r dg�(",jogg �bgj� �e riod1jed 'sWindfloin assessiment repg�j g�'lS:I 2�2212ytlirbovist oibindp[jtecthi aco 2ujc)ir ho a"ein'lOvdQil�.au qipiiralje reph mu g1292f SLIlh trees aii,iid pgllla; II 2g 2!'ovided oill. �::: 3 a !ree 2a,uS' as appjk�;4[�de:l u,flil::L: s ww wuwru Ilwjbg QuirecU)i,' uf E) ei'riovdI ol Spg2g� ��'eiqiovd� of iies, a!!1,5 d�:�fiiqed in Hl:l ChaptgE L s[ldl� De upR[pygd Ak llq a II ainu� scaog i , aim�j I- P��ggf��]22��its of: such rii:)iqqovd� are no ir ggureu� J 'I I I t I I E� I � t I E� 11:1 re: Voiin��y e pp��2ygd � S flh(::� u'Eiy�:tsive sl�.�echas wave 1'. plr:� i of: of cointrHz)utbin to a g II2120, 2(Qi1!:)iimjse tor r.ap w11wlll yyuth the staindardsof: 1 Ell, Qhapjo' 1 ITIMOVad gull.:: Sli'lic"[11 spggues shafl1 Ibe qJag2d 2 2 2 oiriejoii ic)inex:: siis 6 ReVew Cilteirja:: A acu wp mm 111 shdl1 con'l jy Ash a haa...Ild11111owlirig a Coil �s�steincy ��khi d'iaracters airicl inlateiijEfls U:� flie app!loved nu:jster P!2�] 2�- �k(::!! PagE tb e Regg�reilmlnts of the zol"di"O �S�:Ijct '&,:�fldaflons of rid, HHI 1:1, A, fic a ��, aiI N„' ��Irdecfloin Shairid,rds set foil[i in !D"iapt I r � L J d ainidsiDapg Qgggl2 god �3qdjeijirg �3tainidardu' cp� jj�jjlf[j 11, ('�'Ja 71 SdbiniIv,dL S!:!g 222[A2!' I 111, Segtbin I IIIAfoirallhesIIu.IbuwwuauflIoffl,dsalppllluwaflo.!I:II' 6J22!'Ow�:!fll he II uuueckhu: r of g[ld ZgEJ11'1�11l�� g��, dg��Viee d'ia�l� rilaviiii: w a g)nip�e!e : Z� inu�:Jiuding iglfwu]]Hlds, aind haklii:'D actligin IlDased oin the ureVew cijt1::Nj,3 slilDf :bidh uuw H'ds S1,fl',)sectbin A II::kinujsicapg II il nflt shdll IN,, app[gygd I.,a.11� wua IlougIiulnua jbgj g!111 gp�,.AcdJb staindards deflinecl uuu thui�lp II aind ?eVdbp]12�'!j egLjgjkiins aine niaLl A L:aindscapg iraflt §hdll IID119 isoluaince of a Mth the sk�e p��gll g2d g�lllm2godllqg dsupg! p!ain, 1: applll�cz b1ka rovd1 (A: a II�::iindscai3e 'werri'flt lisvd1ki IIbir a uDeirkA un113a to exii_,,e&ii skx, (6unoint[is froi'n !he ck:ute ofssiluaince f the scc)[22 gf m)rkw oveire(J auya tlhmus rzueinrnut is uuurh coinninieinced 3, waw�:Ns !�inie o., the �dhafl� &'(p�re airid L)e 10 a li I i ii e xte ' ii a i'i"n 1577 p� sn oin o�: the Pr2u'r�nu ::ora � gp ii�-d iri�')i U) e) a u�...!Ifli,i et.��...�wu.Q dg u�nIgy bg p.�gg� :��u;�:ted a,.l.. � � �� a u. uun. uu�uun ...11 u �hn h lulu;° nuin� a ..p iirr dw ID Ilu,� �.hn� II �u iIS11 gun Ilcuurn nu �iu..�hnii' a urrnu� uu n�uuuun. r ;W � M � 4ii, L M M i ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS Sec. 1. General. A. Short Title. This article shall be known and may be cited as the "City Tree Preservation Ordinance." B. Purpose and Intent. The city recognizes the inherent value of trees and other plant material. Healthy vegetation aids in reducing destructive environmental factors to real property, such as wind, noise, and the potential for erosion to the city's soils and beaches. Trees and shrubs contribute towards energy conservation and management by producing oxygen and absorbing carbon dioxide. They have a positive effect in surface drainage, and help to provide a beautiful and aesthetic environment for residents, businesses, and visitors. The purpose and intent of these Regulations, therefore, is to promote the health, safety, and welfare of the community by establishing rules and regulations governing the protection of trees and vegetation, in conjunction with encouraging the installation and/or proliferation of healthy trees inand d y IIIA, ip it flirt appropriate locations and quantities. C. Administration. The Director of Planning and Zoning or designee shall have the authority to interpret and administer this article. D. Applicability. The provisions of this article shall apply to aga real property ' ' that is when such tree i.h:: is at intended for development or redevelopment, and °mr removal activity t, initiated by the property owner or agent thereof. E. Exemptions.ai4—permittlng -,F----esses Shall net apply t9 +h^- :. gym:, p2q::0vu§u1311=11S dl ffius auhgn e ��;,n u�ud appt2 ftg gxgu]]pjuii�)ins u�;iun�hullued uiun Iaurh. n:. 5 1578 F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. G. Conflict. Whenever the regulations and requirements of this Code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. (Ord. 10-025, passed 12-7-10) Sec. 2. City Approval Required. No plant material or vegetation shall be cut down, moved or removed, destroyed or effectively d,g„p,::p�,�,qa„dwithout first securing the necessary s„Qity approvals empt "Fern these Regula+..;op&+R aGGOrdanGe With 1.E. above. The following processes and permits shall be available to ensure that all Glearing -nnd nru-bbing „; foiiiieiiiiiie.!ii,i�,ILoi!ii,ie'.'!d....activities comply with the standards of this article:. A. Private Property and Public Lands. The property owner or agent shall file the following applications prior to commencement of any of the aforementioned Glearing -nd�� activities s...a..p.Ip.IILR.�....�..�.Il..2u. �.�': 1. Site Plan Review. ': • . • • •� required and reviewed in accordance with the procedures set forth in Chapter 2, Article 11, Section 2.F. prior to the issulannone of any-Iand parmitt. For the purpose of this subsection, the term "site plan" is construeWto include master site plan and technical site pla applications, and to ultimately mean the PFE)Gess by-A41e" landscape plan -e,16tk::1!w aind ... a as The . may FeqUiF8the submittal a ... . .. .� .� .�5 . .. ... �. .. �.. .. �.i1 . •i; M r �. t �. .r . 2. Land Development Permit. rrr_■e�:rt^ . , .:.... , . .. �+i■.�a.^rr�rrar�;:rr■��:�r�srr.,r�nr,nn. - .. - ,. � . . 6 1579 plan, Nativ�� I -heFeof as paF' Of the land developmei# 1 below.speGimen 'Fees OF to ensufe The issuance of a land development permit shall not relieve any party from obtaining the necessary permits,,„ which may be required by the various federal, state, or local government agencies II ands(;app II Ieri, noh: sI[iary 11Ibe...0 eu'pu cured aind u eVoewed in ccoi d linc u:....%Ajtlh th i uu r��. i hu uu .:,'.. SO f orth. „uru , � uin � °h��p.g pf° , �u .p� ri"� ....� � hugu. .:. B. ' Rights-of-Way....III:::`".g.!:i'!LI t. t MT LW"LU Kole] to K-191TIeW.-MATJ Is ArAll 0, =0 I -sit a 11.1 (Ord. 10-025, passed 12-7-10) Sec. 3. Preservation Principles. A. High Ecological Importance. Areas that are considered to be of high ecological importance should be given the highest priority for protection. These areas include but are not limited to the following: 1) have occurrences of federal and state listed species of flora and fauna; 2) have biological diversity; 3) aii °e located in aquifer recharge zones; and 4) g.R:.p�"�....known to inhabit threatened and endangered species of fauna and flora. Therefore,- foG4e hh u natural areas shall be protected B. Easements and Rights -of -Way. Utilities, stormwater easements,, and rights-of-way should avoid preserved areas. C. Contiguity. Areas set aside for preservation should be contiguous parcels of land that are interconnected and considered viable habitat for wildlife to the extent practical. Small fragmented areas of preservation should be avoided when possible. Sec. 4. Standards. The following standards shall be considered in order to ensure the protection of existing vegetation: A. General. All proposed developments shall be designed to preserve, perpetuate, and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses. In all instances the s(; pity's landscaping requirements and all other applicable regulations shall be fully complied with as minimum standards. , 7 1580 High-quality areas placed in preservation shall be retained in entirety in their current or improved natural state, and protected regardless of ownership. This requirement may be negotiated to create contiguous preserVa#Gfti,:::,��;j among plant communities. During the site plan review process, the applicant shall be required to prove that the highest ecologically valued land is being retained first. If the preservation of the highest ecological valued land ureiin�Jei s irifea§hj�llty of the site ijev6kz��2[Dg!]j, it shall be the applicant's responsibility to prove such hardship and provide an acceptable alternative for approval. Rights-of-way and areas determined to be future rights-of-way in the Comprehensive Plan and utility or drainage easements shall not be allowed as designated set-aside areas ll'6,, IIS.!L.�::�.!."'..IL.°:�:a:�.!L�'::�.II:Ip.....11.9 !�.!I".IIL�..�."..:I�.• B. Preservation Efforts. 1. Beach Dunes. The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. No beach dune vegetation, grass, sea grape, and tree development shall be altered, removed, or changed except in accordance with federal, state, county, and local regulations. 2. Mangrove Areas. Well-documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species of fish that are important for sport and commercial fishing. Mangrove trees, which are of considerable aesthetic value, also serve as protection against storm surge ^^ wefl ^caii i provide a habitat/shelter for birds and other wildlife. For these reasons, land development and construction thereon, shall be conserved to the maximum extent possible and only altered in accordance with federal, state, county, and local regulations. 3. Specimen Tree Designation. The Director of ".II' .i.IC::q. 1.....!I I:IIJ....21�:� npp iC::!L(,'9. may, by written request to the City Manager, recommend from time to time the official designation of certain trees located within the city as specimen trees. If the City Manager approves such recommendation, the matter shall be presented to the City Commission for final determination. The city shall notify by ^nr+'f'^d n.^1' the affected property owner of the proposed hearing 11 r eu�.ltlllued p::::.. 'illll. The City Commission shall accept, modify or deny the staff recommendation. Any proposal to remove a specimen tree shall be mitigated in accordance with-® tiGR r ^'^®^` tNis ArtUe 4. Environmentally Sensitive Lands. a. General. The purpose and intent of this section is to preserve and protect the values and functions of environmentally sensitive lands from alterations that would result in the loss of these lands or significant degradation of their values and functions. b. Applicability. This subsection applies to all properties that contain environmentally sensitive lands with an "A", "B", or "C" rating as pursuant to T-, ' ^f the Conservation Element of the Comprehensive Plan. c. Standards. The following standards shall promote the preservation of natural resource sites: (1) If the property proposed for development is greater than ten (10) acres, or is a portion of a larger tract containing ten (10) or more acres of environmentally sensitive lands designated as an "A" rated site, the developer shall be required to preserve a minimum of twenty-five percent (25%) of all native plant communities on the site in one (1) unified preserve. Habitats shall be preserved with intact canopy, understory and ground cover. 8 1581 (2) If the property proposed for development is greater than ten (10) acres and has been designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of twenty-five percent (25%) of all native plant communities on the site. The preserve areas may be separated into micro preserves. Habitats shall be preserved with intact canopy, understory and ground cover. : .. tet.. -aa.. r ... . . IA i� .w,1l lr MrAQW;W1i [AiL�IU�+rl�i[Fllr� i�till�LFl R. O The specific location of the preservation area shall be determined during the review of a master plan or site plan. If no master plan or site plan is required, then such determination shall occur during the review of the plat. The ultimate area to be preserved shall be indicated on the approved plan ppf any corresponding plat. In determining the most appropriate location for the preserve area within the site, the city shall consider factors, which include, but are not limited to the following: proximity of the preserve area to developed and undeveloped property; potential for immediate or future consolidation with environmentally sensitive lands on abutting properties; ability to maintain the preserve area based upon surrounding development and land uses; and the recommendations of staff or any consultants retained by the city. The preserve area shall be maintained in accordance with ,111CA ruhlr ("Onsill: I ur unhu h.0 w.°"IIuM:u„iii.,• All existing I � , :::” „„III (T �hle n_9 nnitine+inn of Cvic+inn Tweec\ C. Mitigation of Existing Trees a,,,, trees ,and II ;;;;;;,';n p��i�� that are not preserved in place or relocated on-site shall be _-Velep.ment peffnit. The equivalent e he based on Galinew 4imenc;E)n OF type of twen"IlCgg!g!d IIS h NI.g ig Ilei°lint, oII I swIte Or pgy]]21 I"„� Illu& oil: u eh Ill:u en,neirl as indicated in fts Su ub se(boiri I Ilhi g a%!IJ ucerneii uh sIl u'41l II ,.)e `. D1 loV(:1er1 oin U::p.., s Illl��.�ilca�.ed...uirn ffie....ialb[es.11b6lk_qw,aii,id coll, udly.. kh U'i s�aq:d auris...delRried uu� 11, u: I['iai)te h. ,rt(e IIIIII aIIndscaizie ID sairll uuu Il:3uuffeilJunci Staff ndai Js h Il�u��'. � g�::Iuva�ll unh a wp W u. uu n h .: u r u huuur �u 3 Ililw�llllll I,u � .... a Il.prna a 3u )ll )u h.ypg2 g: h h � hlln u�:'".h iuu :�. hn �' �'�� ai��N: d: �,kll � �'...�I� d d:,ull.11„a Il�llil:"all 11 11 rll�llll nil, ..'iii � II II�I�; II„� �➢�u �' ...IIII�I � ��°, ...�� 1 �', urt, �,i+ �D �� . II„�I�u 11 ll� ��'ll � (ll'�u. �". 2d II" ]�� b!” 2„II WJIIde.d &."uIn '.,wk:e 0s IIIn6IW aeu. IIID h..hle ta:?...e )eo.:. h abe 4 h a IIC � u�lll ��: Iluur ll�i: ....................................................................................................................................................................................................................................................................................................................................... uuu�hu'hll�!��uu II ��'hal.un a 1��:„uuu��uuu�:'ii, ii'�.� 9 1582 1 Large palms tree -, are those species, auchaaFkohdoRova|.Canory|eJandDate.or I The cumulative caliper inches of existing trees to be removed shall be replaced on- site with an equal or greater number of caliper inches of a replacement or trees. » 4 !Jlh ,gul U:'�Il ell ir:) ed or 10 Il. eIlr n ovim c� trees oJIas lisIlio e��Is : [. 111 I� �II. a u.a '.. gig th+..,p Illus II, of avauII;LII 11El p.� :: uraguni;l.. Pg� g, 1g'ie III " re( tor ofII "III a au uuu ui� aul ung Il�llll��l il� 11 a IIIb the all g,Wui :auu . u uuIiµ�w:g III q".Ilu�u�r,:ll �Il�t u, i W.�r wii��r ua� f( i- �u�w�'. a ecu Illu�a II '.i:�:��uua �...uua�r�hV.lw iu aua''uiku�. g uaug III auui'g ain iirlla ui,it of a'.II'a'" ar r riuiguuryg:g tlg tj Ig g a uga u it in Wu u s.cuaerguglll s t by d 'lg.Qt Coil,n11� 11 ssl w .. 'a g u i g g u a u nt ��Ila��llllll Il uD I agulllug wig gir�...IIruI au ag �u ' a uaua � � ��Ilp un+ILI��dDa.a�;;ll�ullp .. p �: Il�u �"�?�...IICI�I�� II II°.... auai;e Wth g:he stai,ii,k,iirds u III uutIlu 111111 � i.�i2[ "�, ,ftc. 111111 ai,i s( gi�e u� �u�.,Jin anuu Juu ....113lH:ei'iiuu�,;g tl a.. (J urds, �ass(ug o�ag '�....v�flh a�:uty IIS+[gJgg is SII Qat ... ryall ug P.11l Il luaullullg;�ygEiig!ig III "[Q12' is D. Forestry Practices and Procedures. 1. General. The Director of Planning and Zoning or designee shall gh� Urban use pg^ Forestry Manual ®' ®-Trees and GeRStF Gti^n", United States Department of Agriculture Forest Service, 20056 edition or latest supplement thereof as the arboricultural standard when determining which forestry practice or procedure to apply when reviewing the following types of activities: 1) any proposal to relocate, replace, or remove trees that are subject to the standards and permitting processes of this article; 2) any proposal where the grade of the site is to be raised or lowered around an existing plant; 3) where ditching for utilities, foundations, swimming pools, driveways or the like will severely cut root systems; 4) where large paved areas will delete the water supply and aeration necessary for the life of the tree or shrub; or 5) where a change in the grade or drainage of development will seriously harm natural areas to be retained. 2. Land Clearing and Construction. a. Vegetation that is set aside for preservation shall be protected from all on-site construction. During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to city requirements consistent with best management practices) around all trees or groups of trees to be protected. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier. Removal or re -grading of soils within preservation areas is prohibited. Any damaged vegetation located within the set-aside areas shall be replaced wlth yegetatien equivalent to theyegeIatien destFnye4i a mad.'„H, of dain is::Wld i fl "11s Aii l fi k,!!'N. b. During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any protected tree or groups of trees. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar, and the like within the drip line of any tree or groups of trees. c. No attachments or wires other than those of a protective nature shall be attached to any tree. d. If more than one (1) native terrestrial plant community is present on-site, areas representing all existing plant communities shall be preserved on-site unless preserving more il;.Il::p.a.ii i one (1) particular community is more ecologically beneficial. E. eeding and'f °a.. g. Properties shall be seed -ed- .ogj.g;;J gd with drought tolerant grass or other Florida -Friendly landscape material and mulehedwithin thirty (30) days after any clearing, grubbing, excavating, or filling activity, or prior to request for inspection to close out the om,®n+ g,g permit, whichever occurs first, ^r subsegUeRt +^ n+her. �n^^^li4i^n ^rzi In the case where other site work is to occur m"I^hinn the other site precautions, such as silt or erosion control fencing as deemed appropriate, protection of storm drains, etc., shall be immediately implemented. Staff shall inspect the seeded anw� lute goi1,,; areas to ensure that adequate ground coverage z al ...Inhn 11 1584 (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 12-016, passed 10-2- 12) Sec. 5. Fertilizer Regulations. S e e AII "I IIICII II111111 w 1111111Z -1 SII VIII G -1 III AI IIIA ,IS of: t I i u s C Il, 1 a g t e ii, , c) ii, t h i feiirtullluze ii, Tr IW . I'I I I!.r.W 12 1585 ,a M-733 • It . I r w l 4M. i` 'vC '1. 0 .. �. 0 s r s� il rrzMi:. �. e. �� r •�,. r �.:. �.� SIR t. r r �► MR-MV-1� r � ♦ � rr � �t ,r.... r a ,r r r,a �i !'. 1! t. r 13 1586 Waft ". a,r rr r 1 t r:. r• rr r. rr r . rr J r w r y w r� r ri r♦ r r r rr ,�� r�:. rr r,� �r �� w,:... r.,� •r r rr rw ` r ,.rr ,. r • a� r � r r � � � ,. r . . . � r r � � . w :� .r. �. w w � : , �r � � r �� rr w � rt wr � ,r w rw w � •r � wl � . " .., r s. w r WON! ANN . IN IM WWI �. r ,. r . . . ...........r r. Iw r •,. r^ r, r r r r. • r.: � p. rte. r rr r r. � .r+:. a, 14 1587 (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 19-019, passed 7-2- 19) Sec. 8. Appeals. A. General. Any aggrieved person may appeal a decision of an administrative official in C n 1 V d.,� �...Y P� +" . °.,'� „�� W ",".:X: .: i IIS 0 " ';,k„III . accordance with wt r cjga ala u B. Environmentally Sensitive Lands. When appealing the provisions of Section 34.13.4. above, the appellant shall address the following: 1. Whether the subject property is an environmentally sensitive land or contains endangered, threatened, and rear species and/or species of special concern in accordance with the definitions in Chapter 1, Article II; and 2. Whether the conditions placed on the development application are reasonable and represent sound environmental practices necessary to mitigate possible harmful impacts upon the subject property and are necessary in order to protect the health, safety, and welfare of the citizens of the city. (Ord. 10-025, passed 12-7-10; Am. Ord. 19-019, passed 7-2-19) Sec. 9. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. nff®nse ander this a#inl® (Ord. 10-025, passed 12-7-10; Am. Ord. 19-019, passed 7-2-19) 16 1589 0 a� LO T dor n �,�.°tai �fJlA1i r 'f �r�µ n �r vJ O \^ � CV L Gi N L �^ L o CB -0 a— t O /^ N O} N (B O L 'u VJ Q O C O O U LU i C6 C� +� W CSO U c O — > —0 Ca O Ell E O G1 O O W Cll E C= - U C N O O +• U U 0 C U C `~ U)O L �� '� O O O 0 CU -0 O L m +� (u :t:! L CB Cll 0 U Q W cn QOUCUN CN>ll Q > Q u U O CO � 0E (1) O O O 0Q C Jo (n O=O 70 (n O CC6 C U E O- N N �L O Q nd p W 2 —0 U c— vJ Ol a E E i a. Q v m J O O Co L xO X N (u > O co E (n0 U � O L Co (U O O N Co O N CUA a�o� cu E 0 Q L E_ o CU CL O O -r— s= � L � O � }, o L � � Q� O �E E (Q L ' N U Q.M s= N .- (o O Q � � L H cu O r_ E 0 W N 4w i > OL Q Co O) N 0 U CD N � H O 4-. "-' O Q U N > cu m U > c6 cn CLx O co O O L O ^E^' O 070 L E 0 O U Co o u) E Q E o ° 0" Nom}' c Eco4-`� N -0 co U a-0 Cr iZQU� O U C: 0 : O O N m LO T— a) L _U E O O) O a) m E L a) L O) L m cm (a a) U W W 4--, N Co � U a) c6 Q O J4-0 O cO L " C: C: a) CIO 0) 6. 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The proposed amendments address new statutory requirements pertaining to the establishment of a Property Rights element (Chapter 163.3177(6)(i)2, F.S.). Explanation of Request: The subject amendments are being processed as part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191 (1), Florida Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code. Effective July 1, 2021, House Bill 59, Section 163.3177(6)(i)2 of the Florida Statutes (Chapter 2021-195, Laws of Florida), requires all local governments to adopt and include a "Property Rights" element in its comprehensive plan. The proposed amendments based on the current EAR establish a private property rights element within the City's Comprehensive Plan which repeats the statements of property rights included in the aforementioned section of the Florida Statutes. The Planning & Development Board unanimously recommended approval of the proposed amendments at the June 27, 2023, Planning & Development Board meeting. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: 23-015 Comp_Plan_Amendment_Prope rty_Rights_Element_2023_.pdf Staff Report Exhibit A - Proposed Property Rights Element Exhibit B - Chapter 2021-195, Laws of Florida.pdf Staff Presentation 1600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDINANCE NO. 23-015 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY FOR THE STATE -COORDINATED REVIEW. THE PROPOSED AMENDMENTS ADDRESS NEW STATUTORY REQUIREMENTS PERTAINING TO THE ESTABLISHMENT OF A PROPERTY RIGHTS ELEMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the subject amendments are being processed as part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191(1), Florida Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code; and WHEREAS, the proposed amendments based on the current EAR establish a private property rights element within the City's Comprehensive Plan which repeats the statements of property rights included in the aforementioned section of the Florida Statutes; and WHEREAS, Effective July 1, 2021, House Bill 59, Section 163.3177(6)(i)2 of the Florida Statutes (Chapter 2021-195, Laws of Florida), requires all local governments to adopt and include a "Property Rights" element in its comprehensive plan; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City to adopt the EAR -based amendments into the City's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 26 herein by this reference. 1601 I Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 2 adopts the amendments to the Comprehensive Plan Property Rights Element for transmittal to 3 the Department of Economic Opportunity for the State -Coordinated Review which address new 4 statutory requirements and update the remaining objectives and policies to account for 5 completion and changes in the City's programs, a copy of which is attached hereto as Exhibit 6 "A". 7 Section 3. The City Commission hereby certifies that it shall and will conduct such 8 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 9 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 10 conduct and publish same, as provided by general law. 11 Section 4. The City Commission hereby authorizes the appropriate City officials to 12 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan, 13 as amended herein, to the State of Florida Department of Community Affairs and to any other 14 governmental agency having jurisdiction with regard to the approval of same in accordance 15 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan 16 Amendments available for public review and examination at Boynton Beach City Hall. 17 Section 5. All laws and ordinances in conflict with any provisions of this ordinance 18 are hereby repealed. 19 Section 6. Should any section or provision of this Ordinance or any portion thereof 20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 21 remainder of this Ordinance. -2- 1602 I Section 7. This Ordinance shall become effective immediately upon passage. 2 FIRST READING this 18th day of July, 2023. 3 4 SECOND, FINAL READING AND PASSAGE this day of , 2023. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 Maylee De Jesus, MPA, MMC 28 City Clerk 29 30 31 (Corporate Seal) 32 33 34 35 36 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Angela Cruz YES NO Commissioner— Woodrow L. Hay Commissioner —Aimee Kelley -3- VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 1603 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-022 STAFF REPORT TO: Chairman and Members Planning and Development Board THRU: Amanda Radigan Planning and Zoning Director FROM: Andrew Meyer Senior Planner DATE: July 7, 2023 PROJECT: Comprehensive Plan EAR Update (2023) REQUEST: CPTA 23-001: Approve amendments to the Comprehensive Plan that implement the addition of a Property Rights element per new statutory requirements based on the Evaluation and Appraisal Review (EAR). PROCEDURE The subject amendments are being processed as part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191(1), Florida Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (Department of Economic Opportunity) by letter of this determination according to the schedule published in Rule 73C-49. The statutory language also encourages local governments to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The EAR -based plan amendments are subject to the State Coordinated Review process per provisions of Section 163.3184 (4), F.S.. At the "proposed" phase, the process involves a public transmittal hearing held by a local planning agency—in Boynton Beach, the City Commission—and a subsequent transmittal of the amendments to the state 1604 Page 2 File Number CPTA 22-001 Property Rights planning agency (DEO) and other reviewing agencies as required. DEO receives all agency review comments and issues its Objection, Recommendation and Comments Report to the local government. The second (adoption) public hearing must be held within 180 days after receipt of that report, or the amendments are considered withdrawn. The amendments are anticipated to be adopted in November 2023. SUMMARY OF PROPOSED AMENDMENT Background Effective July 1, 2021, House Bill 59, Section 163.3177(6)(i)2 of the Florida Statutes (Chapter 2021-195, Laws of Florida), requires all local governments to adopt and include a "Property Rights" element in its comprehensive plan. The element must be adopted prior to either the adoption of a proposed comprehensive plan amendment or the next scheduled evaluation and appraisal of the comprehensive plan. The statute allows states to either adopt language provided within the statute or adopt its own language as long as it does not conflict the with the provided language. The statute is provided in Exhibit B. On July 22, 2022, the City notified DEO that it would amend its Comprehensive Plan to reflect changes in state requirements since it's last EAR -based update in 2016. Proposed Amendments The amendments based on the current EAR propose to establish a private property rights element within the City's Comprehensive Plan which repeats the statements of property rights included in Section 163.3177(6)(i)2 of the Florida Statutes. The copy proposed for the element is provided in Exhibit A. RECOMMENDATION Staff recommends that the City Commission, acting in its capacity as the Local Planning Agency, approve the proposed amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. ATTACHMENTS \\Fps\main\SHRDATA\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 23-001 EAR\Private Property Rights\Staff Report\Staff Report CPTA 23-001 Private Property Rights Element.docx 1605 DRAFT PROPERTY RIGHTS ELEMENT Last amended July 7, 2023 1606 Table of Contents iective 10.1 Consideration of property rights in local decision-making..................................10-1 City of Boynton Beach Comprehensive Plan Amendments 23-001 10-i Date: Xxx XX, 2023 Property Rights Element Ordinance 23 -XXX 1607 City of Boynton Beach Property Rights Element Goals, Objectives and Policies Goal 10: To respect judicially acknowledged and constitutionally protected private property rights. Objective 10.1 The City shall consider private proper , rights in local decision- making processes. Policy 10.1.1 Property owners shall have the right to physically_ possess and control their interests in the property, including easements, leases, or mineral rights. Policy 10.1.2 Property owners shall have the right to use, maintain, develop, and improve their propertypersonal use or the use of any other person, subject to state law and local ordinances. Policy 10.1.3 Property owners shall have the right to privacy and to exclude others from the property protect the owner's possessions and property. Policy 10.1.4 Property owners shall have the right to dispose of their property City of Boynton Beach Comprehensive Plan Amendments 23-001 through sale or gift. 10-1 Date: Xxx XX, 2023 Property Rights Element Ordinance 23 -XXX 1608 CHAPTER 2021-195 Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 59 An act relating to growth management; amending s. 163.3167, F.S.; specifying requirements for certain comprehensive plans effective, rather than adopted, after a specified date and for associated land development regulations; amending s. 163.3177, F.S.; requiring local governments to include a property rights element in their comprehensive plans; providing a statement of rights which a local government may use; requiring a local government to adopt a property rights element by the earlier of its adoption of its next proposed plan amendment initiated after a certain date or the next scheduled evaluation and appraisal of its comprehensive plan; prohibiting a local government's property rights element from conflicting with the statement of rights contained in the act; amending s. 163.3237, F.S.; providing that the consent of certain property owners is not required for development agreement changes under certain circum- stances; providing an exception; amending s. 337.25, F.S.; requiring the Department of Transportation to afford a right of first refusal to certain individuals under specified circumstances; providing requirements and procedures for the right of first refusal; amending s. 380.06, F.S.; authorizing certain developments of regional impact agreements to be amended under certain circumstances; providing retroactive applicability; providing a declaration of important state interest; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 163.3167, Florida Statutes, is amended to read: 163.3167 Scope of act. (3) A municipality established after the effective date of this act shall, within 1 year after incorporation, establish a local planning agency, pursuant to s. 163.3174, and prepare and adopt a comprehensive plan of the type and in the manner set out in this act within 3 years after the date of such incorporation. A county comprehensive plan is controlling until the municipality adopts a comprehensive plan in accordance with this act. A comprehensive plan for a newly incorporated municipality which becomes effective adopted after January 1, 2016 2019, and all land development regulations adopted to implement the comprehensive plan must incorporate each development order existing before the comprehensive plan's effective date, may not impair the completion of a development in accordance with such existing development order, and must vest the density and intensity approved by such development order existing on the effective date of the comprehensive plan without limitation or modification. 1 CODING: Words strieken are deletions; words underlined are additions. 1609 Ch. 2021-195 LAWS OF FLORIDA Ch. 2021-195 Section 2. Paragraph (i) is added to subsection (6) of section 163.3177, Florida Statutes, to read: 163.3177 Required and optional elements of comprehensive plan; studies and surveys.— (6) In addition to the requirements of subsections (1)-(5), the compre- hensive plan shall include the following elements: (i)1. In accordance with the legislative intent expressed in ss. 163.3161(10) and 187.101(3) that governmental entities respect judicially acknowledged and constitutionally protected private property rights, each local government shall include in its comprehensive plan a property rights element to ensure that private property rights are considered in local decisionmaking. A local government may adopt its own property rights element or use the following statement of rights: The following rights shall be considered in local decisionmakin. 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. 2. Each local government must adopt a property rights element in its comprehensive plan by the earlier of the date of its adoption of its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to s. 163.3191. If a local government adopts its own property rights element, the element may not conflict with the statement of rights provided in subparagraph 1. Section 3. Section 163.3237, Florida Statutes, is amended to read: 163.3237 Amendment or cancellation of a development agreement.—A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest. A party or its designated successor in interest to a development agreement and a local government may amend or cancel a development agreement without securing the consent of other parcel owners whose property was originally subiect to the develobment aLyreement. unless the amendment or 2 CODING: Words strieken are deletions; words underlined are additions. 1610 Ch. 2021-195 LAWS OF FLORIDA Ch. 2021-195 cancellation directly modifies the allowable uses or entitlements of such owners' property. Section 4. Subsection (4) of section 337.25, Florida Statutes, is amended to read: 337.25 Acquisition, lease, and disposal of real and personal property. (4) The department may convey, in the name of the state, any land, building, or other property, real or personal, which was acquired under subsection (1) and which the department has determined is not needed for the construction, operation, and maintenance of a transportation facility. When such a determination has been made, property may be disposed of through negotiations, sealed competitive bids, auctions, or any other means the department deems to be in its best interest, with due advertisement for property valued by the department at greater than $10,000. A sale may not occur at a price less than the department's current estimate of value, except as provided in paragraphs (a) -(d). The department may afford a right of first refusal to the local government or other political subdivision in the jurisdiction in which the parcel is situated, except in a conveyance transacted under paragraph (a), paragraph (c), or paragraph (e). Notwith- standing any provision of this section to the contrary, before any conveyance under this subsection may be made, except a conveyance under paragraph (a) or paragraph (c), the department shall first afford a right of first refusal to the previous property owner for the department's current estimate of value of the property. The right of first refusal must be made in writing and sent to the previous owner via certified mail or hand delivery, effective upon receipt. The right of first refusal must provide the previous owner with a minimum of 30 days to exercise the right in writing and must be sent to the originator of the offer by certified mail or hand delivery, effective upon dispatch. If the previous owner exercises his or her right of first refusal, the previous owner has a minimum of 90 days to close on the property. The right of first refusal set forth in this subsection may not be required for the disposal of property acquired more than 10 years before the date of disposition by the department. (a) If the property has been donated to the state for transportation purposes and a transportation facility has not been constructed for at least 5 years, plans have not been prepared for the construction of such facility, and the property is not located in a transportation corridor, the governmental entity may authorize reconveyance of the donated property for no con- sideration to the original donor or the donor's heirs, successors, assigns, or representatives. (b) If the property is to be used for a public purpose, the property may be conveyed without consideration to a governmental entity. (c) If the property was originally acquired specifically to provide replacement housing for persons displaced by transportation projects, the department may negotiate for the sale of such property as replacement 3 CODING: Words strieken are deletions; words underlined are additions. 1611 Ch. 2021-195 LAWS OF FLORIDA Ch. 2021-195 housing. As compensation, the state shall receive at least its investment in such property or the department's current estimate of value, whichever is lower. It is expressly intended that this benefit be extended only to persons actually displaced by the project. Dispositions to any other person must be for at least the department's current estimate of value. (d) If the department determines that the property requires significant costs to be incurred or that continued ownership of the property exposes the department to significant liability risks, the department may use the projected maintenance costs over the next 10 years to offset the property's value in establishing a value for disposal of the property, even if that value is zero. (e) If, at the discretion of the department, a sale to a person other than an abutting property owner would be inequitable, the property may be sold to the abutting owner for the department's current estimate of value. Section 5. Paragraph (d) of subsection (4) of section 380.06, Florida Statutes, is amended to read: 380.06 Developments of regional impact.— (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.— (d) Any agreement entered into by the state land planning agency, the developer, and the local government with respect to an approved develop- ment of regional impact previously classified as essentially built out, or any other official determination that an approved development of regional impact is essentially built out, remains valid unless it expired on or before April 6, 2018, and may be amended pursuant to the processes adopted by the local government for amending development orders. Any such agreement or amendment may authorize the developer to exchange approved land uses, subject to demonstrating that the exchange will not increase impacts to public facilities. This paragraph applies to all such agreements and amendments effective on or after April 6, 2018. Section 6. The Legislature finds and declares that this act fulfills an important state interest. Section 7. This act shall take effect July 1, 2021. Approved by the Governor June 29, 2021. Filed in Office Secretary of State June 29, 2021. 4 CODING: Words strieken are deletions; words underlined are additions. 1612 M T T _(2) co i " -1--j 0 n/ N W X00 �a Q E :3 (nLJJ Q �_ �,� ) �o w N c� �� c� .� 4-, (1) O� (3).� L o a� � 70 (1)cn (D a� -0o70 c�a CU �v �' M a) � O .> a) U) CY-4-0O O _0 C:Q O .. � (D _ - E }► L a--+ a) a) N N N N N O N� U) x N a) NN�'� O� co 0 _ NU. 4-0 c_n� a)CDM co E cN-c3q) E Ci w�CD oU NDN �E > Wm c� =W W0 -4--1 0 E W cn 4-1 O O4-0 N O •� O U +� O E N O Q U N (n Ncn E •O � M M : -C >U E 0 > 1 O 0- N •� U U)— .. NcoCL (j) O O � � M N •�-0 O O N cA N CD-'> OLu N ti co N QM �(� O� 0L- 4-0 i+r O � N •E O ' co> co'� U) >, N L N N O N 0 O U in L O p EN ti in -0_ (a O Q `~'�•� N O O O Q �LUc c =3a) O E� _0 N Q N W O -FuE�Za N N (0 m O > CO Q c ca oU X C E O N cn N T- O ._ Q C: � O -C }+ (n O -t 0 CD L > -rj-0 a)(n a) W E•�J U)-0 06 0 C: -� 00 p U O N Q p N E > �O E N �0 }, O QE'� �4^, t1 �� O (n pU O Q (D C/) O N (� D- X N 0 0 p 0 += 0 0 ry0 . ` 0 0 0 ti T T Advisory Board Vacancies as of May 02, 2023 Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin II Hay IV Kelley Regular 2 -year term Regular 2 -year term Alternate 1 -year term Applicants: Ace Tilton Ratcliff — Current Regular member seeking reappointment. Completed one term. Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay Regular 2 -year term IV Kelley Regular 2 -year term Mayor Penserga Alternate 1 -year term Applicants: None Community Redevelopment Agency Advisory Board 2 Year staggered terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay Regular 2 -year term Applicants: Naomi Cobb - Current Regular member seeking reappointment. Completed two terms. Chevette Gadson Golene Gordon - Current Regular member seeking reappointment. Completed two terms. Gregory Hartmann Mark Jackowiak Ellen Jones Alexandria Lopresto Noelle McIntyre Heather Posta Lesha Roundtree 1618 Advisory Board Vacancies as of May 02, 2023 Education and Youth Advisory Board 2 -Year term Regular member 2 (2 year) terms 2 -year term Alternate/Student Member 2 (1 year) terms 2 -year term Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 1 -year term II Hay Student 1 -year term IV Kelley Student 1 -year term Mayor Penserga Student 1 -year term Applicants: Francois Calixte-Dieuvil - Current Regular member seeking reappointment. Completed one term. Nicolas Giacolne Dr. Teresa Kasey-McClendon Valorie Valcourt - Current Regular member seeking reappointment. Completed one term. Historic Resources Preservation Board — Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Alternate 1 -year term Applicant: Bradley Jackson Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz II Hay IV Kelley Mayor Penserga Vice Mayor Turkin Regular 2 -Year term Regular 2 -year term Regular 2 -year term Alternate 1 -year term Alternate 1 -year term Applicants: Ellen Jones Lindsay Karten - Current Regular member seeking reappointment. Completed one term. Marcia Levine - Current Regular member seeking reappointment. Completed one term. Ace Tilton Ratcliff - Current Regular member seeking reappointment. Completed one term. 1619 Advisory Board Vacancies as of May 02, 2023 Planning & Development Board - Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Atlernate Applicants: Vanessa Belmonte Ellen Jones Alexandria Lopresto Lesha Roundtree Nicholas Tunno Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Mayor Penserga Vice Mayor Turkin 2 -year term 2 -year term 1 -year term 2 -year term Regular 2 -year term Regular 2 -year term Regular 2 -year term Applicants: Sarah Beveridge Geoff Campbell — Current Alternate member seeking reappointment. Completed one term. Julie Mondello - Current Regular member seeking reappointment. Completed one term. Frando Patterson - Current Regular member seeking reappointment. Completed one term. Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term 1620 Stanzioine,, Tammy From- ace < i~ or r-epal yt"�)123fornil)uiider-.com> Sent: TLIesday, March 14, 2023 2:44 PM To- City Gerk Subject: Advisory Board Appointment application Attachments: ATR-resurne-2023.pdf Today's date 03/14/2023 Name Ace Tilton Ra:tcliff phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace@staywejrdbekjnd.corn Current occupation or, if retired, prior Self-employed artist and writer occupation Education BA in Pofifica0 Science from UCF Are you a registered Y voter? I Do you reside withiin the Boynton �Beach Y' city limits? Dio you own/mainage If "yes", name of Harper's PrOrni5e, CUirrently on hiatus business. Are you currently serving on a City Y bolaird? I Have you served on a City bard in the Yes past? If "yes", which, Yes, I am a vnernber of the Library Board as well as the Art Board, My terrn on the Art Board has bolaird(s,) and whn? come to an end but I am efigibIle to re -apply. Have you ever, been, �No P? If "yes", when and N/A where? 1621 OEM= If appointed by the City Commission to 7f7 - willing to serve in thiis capacity?' ZGEMMSEEM Yes Personal i ani a working artist who makes my living as a rrietalworker', mixed -acedia artist, photographer, Qua:lificaitionis and author. I have grown UP in Boynton Beach and though 1: left for some time to live in California, I returned in 2019 because I wanted to be in my hornetown. I attended Dreyfoos High School of the Arts and graduated in 20,05. 1 have been an active arid excited'i rriernber of the Art Advisory Board and believe that serving, another two years to complete my tenure will be useful for my personal growth and for the Board. Professional City of Boynton Beach Library Advisory Board, Member Memberships IAAHPC Member Feel free to a,ttaich/upload a:in d=38,0b8a7l].04aie843,9le6c5el22526cObel ) extra, sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements, may be cause for removal from a board. The mesa, e has been serrt from 185,20,3.219,28 (,United States) at 20 I1 14 13*4135 on Chrome 1()9,0,0,0 Entry 0: 606 Referrer: httasjLwwA,.bc)ltitori-bcacti.o[U Form Host: 8-321A/�i �aa: hgaLdLilzig Llut n, men t - auml Lcat tic 1622 m„�WI�� ''lll��llo sMVli �V^Nti V� ac N�UIVu�„ IU�Wr � N�µJ oM'V'ft� u�'V%�, w�n� (IV �Ndlo*'�Yd�. "�Nw a "�ll�lwo�^^ w., 1�4� w Gu„ ��'Id;«, E, Y&VO I Nil fF' 00WITY -0 a missaim, They[Thern Pronouns ryluillw1by"Iludly alrrssl ullube UUM qTaPPWb %14'1111 IFIC U1l5UV4eTj Ul bell MiTyff) Ille wellenuebi ulat knaMN-141' U411 chitchat, but damn good art, Will W i- ..INN milli Robinette Kowal and Alix Harrow, They have an AS in funera I siervices; six years experience as a funeral 5; Promise_a_v_PterinaQlpractice focused on in-home pet euthanasia and'! end -of -life care, Ace is a metalsmith who also works in fibers and watercolors. They're a Photographer who shoots digital and film. Ace is a sucker for the literal undierdog� they live with four dogs and three cats, alt abandoned' street animalsi. Ttm)��d-cwrwtraldzr V -MK#*& kv their scooter to the beach to read, El"'XPEMENCE & SIU" US CEO, Stay Weird, Be Kind Studios I December, 20,11 - Present Ace's work as a freelance writer has spanned topics from deathcare to disability and beyond. Ace is represented by their agent, Stacia Decker, at Dunow, Carlson & Lerner Literary Agency. Their first book, "The Little Book of Dog Care: Expert Advice on Giving Your Dog Their Best Life" is forthcoming in j Illy, 2023 from Simon & Schuster. Ace has bylines at places like Gizmodo, Popular Science, log, fluffington Post, Eater, and many more. Ace Eras made a name for themself writing about living life as a disabled person in an inaccessible world, but has also had fiction published in places like Fireside Fiction, Phobos Magazine, and Glittership, Ace's voice as a disability activist has been featured in ,rhe Economist, the Guardian, and Upworthy Videos, Ace has been a panelist at The Next Page Conference in partnership with Kickstarter, Worldcon `76, and the North American Scierice Fiction Convention 2020,,Ace has been featured on a number of podcasts, including Maximum Fun's Reading Glasses, WNYC's Note to pelf, and Andrew Gurza's Disability After Dark. As a sensitivity reader,, Ace focuses on topics related to disability, working with writers like Hugo Award winners Mary Robinette Kowal and Alix Harrow, plus publishing houses -such as Penguin Random House, Toy, and Rosen Publishing, Ace has been awarded the D, Franklin Defying Doomsday Award and nominated for a pushcart Prize 1623 Ace possesses a dedicated group of almost of amazing Twitter followers and makes nearly 2.5, million Impressions there on a monthly basis. Ace and their followers focus on community -care, raising thousands of dollars for places like local abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. fro- ottn er, Dhcare Advisor Harper's Promise, LLC I January, 2oi8 - Present Harper's Promise is air in- home pet euthanasia, hospice and palliative care practice devoted ,tohelping, families throughout South Florida provide the best possible end of life experience. In 2017,,Ace co-founded the practice with their partner, Dr. Derek Calhoun (a veterinarian), after the death of their ctilhualtua, Harper — the best -worst dog ever. Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life, for chronically ill pets while providing dignity, comfort, and!, control through the final stages of incurable illness for those that are terminally ill. Ace and f erek keep Harpers Promise by helping, provide pets a good death, which is air integral part of a good fife. Funeral Director, Embabner, & Crernatory Operator Paren t- Sorensen Mortuary & Crematory. I January, 2014 - August, 2015 Wilson & Kratzer Mortuaries I October, 2012 — January, 2014 Smith & Witter Funeral Home I January, 2012 — AUgUSt 1, 2012 Boynton Memoriol'Chopet I May, 2010 - August, 2010 Ace had direct responsibility for administrative and organizational management in addition to fast- paced event planning and production with extremely tight deadlines. She has superlative customer relation skills under demanding and stressful circumstances. She coordinated legal paperwork at a county, state, and national level, with a focus on calendar, budget and contract management, She flexibly worked between three office locations in addition to remote, after-hours telephone work. She provided necessary support to a tightly knit team when riot working independently. She conceptualized funerals for thousands of families from a mu ;titude of ethnic and cultural backgrounds after in-depth, personal phone and onsite interviews and conferences. She completed a rigorous and extremely demanding two-year embalming apprenticeship. Nominum,' Inc, Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end, -users - typically system administrators, Site standardized content across platforms, revised documents, and clarified instructions to make documentation easier to use. She is proficient in lira software for ticketing systems and Madcap Flare for docurnent creation. She is willing and able to learn any new software or programs required. un et Inc. Ace was a combination event -coordinator, customer service representative, and salesperson, providing innovative service by using over 14 -years of experience in situational analysis to create repeat -customer loyalty,. They were in charge of all advertising and social media campaigns, including all written 1624 communications released by the company. Ace implemented multiple lel gli-level, marketing -oriented processes and procedures, witIr a strong focus on social rnedi a maintenance across multilaic major platforms. ACII VOTHES &, 0RG)4,NLZI' TIONS City of Boynton each Art Advisory Board, Member City of Boynton Beach Library Advisory Board, Mernber IAAI I PC Member EN )UCATV'J American River College, Sacramento, (A - AS., Funeral Servi(eS 201-2 University of Central Florida, Orlando, FL, -- BA., Politicol ScienCe 201.0 1625 Stanzione, Tammy From. Oty Clerk Sent: 1 uesday, March 14, 2023 5:53 PM To- De Jem.rs, Maylee; Stan zione, Tanirvy Subject: FW: Advisory Board Appointryient application From: drnrcobb <i,ioreply@,123fori"nbuiilder.coTi> Sent: Tuesday, March 14, 2023 5:52 PIM To: City Clerk <CityCIerk@bbfI,us> Subject: Advisory Board Appointment appilication, =iw Name Phorn e number Address MM Education 013/14/2023 Naoirni Cobb 95�4-6916�-18,33 10,07 SE 3rd Street Boynton Beach FL ' 435 United States drnrcoLtLa)_&qj�Li�x..om W232M= MOE Do you res�ide within the Y Boynton Beaich CISI ity limits? Do you own/manage a busiiness within City limits? T1 29031�� Are you currently serving on a Yes City board? Have you ser,ved on a City Yes board In thfast`? If "yes", which board(s) and CRA when? Haveyou ev been convicted Yes, of a crime? If "Yes", when, and where? Georgia 1982 Advisory Board Community Redevellopment Agency Advisory Board i D.W.1 aM w� M M Personal Qualifications Currently serve as Chair if CRA Advisory Board FOrfflelt° Pub�lic Administrator Currently employed as a Risk Manager for a non profit acrd have over 40 years as a public employee Professional IMemberships SHRM Feel free to, attach/upload an extra shieetear resume. Certification 1, the applicant, hereby certify that the state rne rits and answers provided hereirl are true and accurate. I understand that, if appointed, awry false statements may be cause for reirnoval from a board. The rnessage has been sent from 66. .0,10 (United States) at 2023-03,14 16:5MI on Chronie 11 .01,0, ErM'y ID,: 608 Referrer. h s, W,Ab�dnton-bg�ad .1tp,J1 n 'i � ci r Forn'i ldost: ry-hoaLd �L J Liqjent al )n L)8.32 4La.Jyjs 0 _2_ L �pi) L �aUL_ 1627 Stanzione, Tammy 0, -Now WM- From. City Clerk Sent-. Tuesday, April 18, 2023 10:19 AM To: Stanzione, 1"arnrny Subject: FW Advisory Board Appointment application Attachments,. CGadsonResurne-,2022.pdf From: CM&adson4 �-,noireply@1forryibui,G(ler,coni��, Sent: TLIesday, April 18, 2023 10 10 AM To- City Clerk <CityClerk@bbfI.us> Subject. Advisory Board Appointment application Today's date O /18/2023 Name Chevette, Gadson Phone number 561-702-9973 Address 1480 NO. 3rd Street BOYNTON BEACH FL 33435-2622 Netherlands Email Current occupation or, if retired, prior Manager, Clint of School Programs occupation Education master of Science, Counseling Psychology Are you a regilst�ered y voter? I Do you reside within the Boynton Beach Y City firnits? Doyou own/manage Are you current�ly servi ng on a City Y1 boa,rd? Have you served on a City boarUII d in the it III past? I 1628 if "'Yes", which Education and Youth Advisory, Board - currently serving now boaird(s) and wheO IIS If "yes", when and where? Advisory Board Community Redevelopment Agency, Advisory Board J appointed by the City Commission to ;erve as Board Chair No or Vice Chair are ISI �II you willing to serve in this "ty? capad Personal I have beeni long-standing resident of Boynton Beach for 40+ years. Qualifications I have a B,A, degree in Finance. I have been a member of the Education and Youth, Advisory Board since Septernber 2019. 1 served as chapter president for the South Palm Beach, County Alurninae Chapter of Delta Sigma Theta, Sorority, Inc, for four years which included overseeing community prograrns and projects. I arri currently a Manager in the Departaient of Extended Learning with the RaIrri Beach County School District where, I oversee and support 40+ middle school afterschool pro rams with over a $2,00 ,01010 budget, I arum passionate and eager to serve the Boynton Beach community, professional Palm Beach School Counseling Association Memberships, Delta Sigma Theta Sorority, Inc. (Life rnernber) University of South Florida Alumni Association (Life mernber) Feel free to attach/upload aner (01�1&.L)L(Lad Ild 11 -,yc gt�j: 4!,, Od, I c extra sheet or 144d34 �ttps,Lfo n112YSLr�nLld, bu j_ resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and aCCUrate. I understand that, if appointed, any false statements may be cause for removal from a board. The rnessage has been sent frorn 127.01.0.1 (Neffiedands) at 2023-04-18 09:10;26 on Chrome 110.0.0,0 Entry ID: 622 Referrer: Form Host: I_1t-1j?2-:/In,..I1-foar nbuld'Ider,corn/5,3LA/9�y�gly g4 d.. ointen -Pp!Ilc.a.. .....o n 1629 Starizione, TarnintX From: City Clerk Sent: Thursday, April 13, 2023 8:46 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: glouis129 <noreply@123formbuilder.com> Sent: Thursday, April 13, 2023 8:29 AM To: City Clerk <CityClerk@bbfl.uis> Subje,ct: Advisory Board Appointment applicatNoni Name Phone number Address EM n 04/13/20,23 GO,LENE GORDON 230 LAKE MONTEREY CIR BOYNTON BEACH Fl. 33426 United States &Lo3Js129@gmafl..gom Real estate agent, financial specialist and life insurance broker Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Dooui own/manaU a business it's w 'thin City li'miits? 1 1 1 1 If "Yes"', name of business: GORDON SOLUTION LLC Are you currently serving oni a Yes City board? Have you served on a City Yes be in the Past? if "Yes", whiich board(s) andl CURRENTILT SERVING AS A MEMBER OF CRAAB, FORMER ART COMMISSION BOARD when? AND FORMER F&D BOARD Have you ever been convicted No of a crime? if "Yes"', when and where? Advisory BoardCommunity Redevelopment Agency Advisory Board 1630 if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? personal Qualifications MY MANY YEARS OF SERWNG THE COMMUNITY Professional Memberships MATERS OF lSMESS ADMIMSTRATION' Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any faise staternents may be cause for removal from a board. The rnessage has been sent frorn 69.18,0,113, 28 (Ulniited States at 20,23 04-13, 07:29-1019 on Chrome 111ff0,0 Entry ID: 617 ReferrerhtjpL-,jj bgLy_n_LQq-bp_4�,th'ggz -- _NyA�y _ Fc Host� htt :� fon,n.123foirrnbLdIder,ccon 32L4Za0visq oard-!prLqi 9t_ment-appflcation 1631 Stanzione, Tammy From: ogre harts en,or,eply(�i)123foirmbui�ldler,,com> Sent- Thursday, March 3,01, 2023 3:57 PM To: City Clerk Subject- Advisory Board Appointment application Today's date 03/30/2023 Name Gregory Hartmann Phone number 954-258-3236 Address 1083 SW 25 PL Boynton Beach FL 33426 United States Em,all gregliairts@'prtotiinai�.co�rii Current occupation or, if Motion Graphic Artist/Business, owner retired, prior occupation Education ConnECfiCUt School of Broadcasting, Do you reside within the Yes Boynton Beach City llimits? Doyou own/manage a buisi�ness Yes within City lini If "yes", naime of business: Modern Animal LLC Are you currently serving of a Yes it board? Have you served on a City Yes board in the paist? If "yes"", wphich board(s) and whenArts AdvisoBo ry ard ? Have you ever bieein convicted No xif a crime? if appointed by the City C,omm,ilssilon to serve as Board Yes Chair, or Vice Chair are you willing to, serve in this capacity? Personal Quail Ifications; My qualifications to, be on the CRA advisory board are that of a srnalt business owner and engaged conistrtuenit who wants to bring their lousiness and life experience to the board. VI also serve the city on the Arts Advisory Board, I have volunteered and engaged I 1632 the local community over the years, & have the understanding needed to help move the CRA and city in a positive direction, Professional Memberships Defray Beach P,BA =- 1707mr. MM Ytt oir resumei, Certification 1, the applicant, hereby certify that the staternents, and answers provided herein are true and accurate. I understand that, if appointed, any false staternents may be cause for removal from, a, board. The message has, been sent from 9,35.29.1.59 (Unfted 5tates) at 2023 013.30 14:57.-08 on Safari 15kl Entry ID: 613 Referrer: hit s: g, iLonzbe, rL/ yL Forni Host:iLttRs.diorrrij.123fon ,mbuide -COD)5 3LIAbAy-qL�20 yjsorko oigtrTignL- i d6on, _ _ -- 1633 From: City Clerk Sent: Monday, April 17,2023&03 AM T+o: Stanzione, Tarnmy; De Jesus, Maylee Subject, FW: Advisory Board Appointrnent application Attachments: Mairk-,Jackowiaik.-Re$Llltne-04112023.pdf From-, rnjackowiak <noreply@123forTTibLilderconi> Sent: Friday, April 14, 2023 4:55 PM To: City Clerk <Cit,yClerk@bbfl.us> Subject: Advisory Board Appointnient application 04/14/2023 561-374-.0031 Address 3156 N Greenleaf Circle Boynton Beach FL 33426 United States Email�7gj�V_�P!)jt QW.�,L� (X�) - wYLaj-C�h . COM _C Current occupation or, If retired, prior CEO and Founder occupation Education Depaul University - Bachelor Degree of Arts in Business Management and Entrepreneurship, Are you a registered Yes voter? Do you reside within the Boynton Beach Yes i City, ilmlits? Do you own/manage a business within City Yes limits? If "Yes,", name of Ze,lta Home match business: Are you currently serving on a City No board? 0 1634 If "Yes", which Cornsurner Protection Commission -teak Forest, IL 2004 board(s) and when? Have you ever been No convicted of a crinne? if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board lf,appointled by the C-Ity Commission to serve as Board Chair Yes or Vice, Chair are you willing to sierve in this, capacity? Personal My career in sales has given the ability to effectively comrnUni4cate and build strong Qualifications relationships. I served on the Consurners Protection Commi:sion, whichm I acted as a liaison between the community and businesses in the community, I currently olwin a home watch business in Boynton Beach and watch homes in Palm Beach County. I am serving as an Ambassador (Business Mentor) for the Dell,ray Beach Charnber of Commerce, 11, am bonded, Insured) and background checked with the National Horne Watch Association. I an') licensed a FlISAA Football and Baseball official. I have overall rating of 4.8. Professional National Horne Watch Association Memberships Delray Beach Chamber of Commerce - Arnbassador Committee Florida High School Athletic Association Feel free, to attach/upload anp �htt sILfoi,rn,123formbLJilder,.corTr 51L� extra, sheet or resuime. Certification 1, the applicant, hereby certify that the statements ands answers provided herein are true and accurate. I understand that, ifr appoh'ited, any false statements may be cause for renioval from a board. ThE! messwee has been: sent from 68.91.221,102 (United States) at 2023-04 14 15:55:21 on Chrorne 1.12,0.0.0 Entry ID: 619 Referrer tttiA.5!Lmv—wtoo yrLtgLl-b—LiLr!'i-o—rgZ Form Host: h 11,5� forni 1l �u LHder san-I L.51N t4 ns f k 1lrc fpjqULjjL-. e .p.pjjqatjon 1635 MARK AAACKOWIAK Boynton Beach, I'L, 1 561.374,0031 CAREER SUMMARY Accotripi i shed bUShICSS entrepreneur and sales professional experienced irr niaxiinizing, business -to -business sale%within highly competitive markets. Expert closer committed to a soWflon-biised sales apl'.)roach and as Cu stomer-cent ered focus. J',",'xceptimial aabdity to build and im,'dntahi relatiorisilips with key decision makers. I"roven track record ol"exceeding indlion-doHar annual sales qw)tas. U'Atraordinary conitnunication and organizational skills. 0 Ncxv BUSiness Development Territory NIanagerilent Cl -Level Sales Relationships 11 KI'll LIGHTS Prospecting an(] Cold Calling COIISUltatiVe & S(flUtion Sales New Account Acquisition • Client Relationship Management • Key Account Management • Ucadershnp & Team Building PR(I WESSIONAL EXPERIENCE ZELTA HOME, WTCH — Boynton Beach, Fl, Dec 2022 to Current CE0 and 14'oander— Conduct vissual inspection, of a horne or property, looking for obvious issues. Ideatify water, inold and pest problems, or with various outside contractors to repair or service tile properties. Word ofmouth referrals and niat-ket affluent communities to secure an(] protect their hornes. Member ofthe National Home Watch Association -- insured, bonded and critri ina I background check I Nleniber ofthe Delray Beach Chamber of Commerce -- Accepted as an Arnbassador. Affiliation atid strong reiationship with All Trades Consiruction Company for Pr(Ject Management Top 10�% Home Watch Businesses in Paint Beach County, FL MONEY MAILER OF GREATER ORLAND — Frankfort, 11, Apr 2017 to Apr 202'2' f'runchise Responsible for day-to-day operations, monthly` profn and loss reporting, help businessesand nianagenieni create strategic plans to, niarket their prodUcis and services through direct rnail, rnobile and digital niarketing, • I nereased profit margins over 63% year over year • C lensed over 2,,469 spots ofadvertising in 20 19 • ANvartled Special Achievenient Award for increasing 1,573 spots� • Received the Dianumid ( I lub Member for being recognized of Outstanding Actdevenient of 501,4 montfis MAIIJACK EN'T"ERPRISE S, LLC — Oak Forest, IL Mar 2005 to Dec 2'018 ,Real Eslate Investor/Properq, Almutger — 1""UrChased real estate propertiesand land in ( 4eorgia, f1orida, Illinois, and 'rennesm,e, Managed and, operated rental properties in Illinois, Responsible I"or tic; day-to-day, activities in, the upkeepand inairocriance schedules with all vendors and contractors. * Negotiated reduced rates with triaintenance coinpanies, saving 10',N� annually * Screened applicants, coridticted background checks, dralled lease documents and collected rent checks 0, Coordiruitcd d, tender for tie", maintenance suppliers, successfully, saving the bUSiness 75% of the budget NIAWA.JA(1X0W1AK l"ACK41.1 — Oak Forest, IL Jan 2016 to Jul 2017 Rqriotud,'Yales Director- S,old autornared solutions to retail and long -terns care pharmacies fiv slailup verAure. Cover seven states, in Midwest Region, Develop strategic relationships vvilli pharinaccutical whoesalers, automation providers and software vendors to build pipeline. * Ck)scd firms' first pliarniacy deal in Indiana, converting client llroni rnanual process 1.0 OL11'automated solutiom: client realized cost savings of$30,000 * Generated 191 leads and 10 new opportUllitieS, in I'lorida,'I"exas and Illinois * (,`,onsult with pliarmacies aboUl tfic R01 ofliatient-specific compliance packaging CINTAS (Fornierly Zee Medioil) — Chicago South, It., Jan 2015 to Dee 2016 Sqjtv andT'irs1Ait,1,Sa1es Consultant— Rcspovisible for the sale of in': aid supplies, training prog)ams, ernergency first - responder products andi personal protection equiptitent. Developed solution -based sales relationships by identifying potential probleirt areas in workplace safety. • Altained (.wer 130% ofquota in first quarter of 2015 • Ranked in the top 5% ofsales organization based on year-to-date sales revenue • Added 25 new accounts in municipal, industrial, retail and transportation segments AVIS BUD(YET CAR RE'NTAI-, GR(')tJP— Western Suburbs, [L MaY 2012 to Dee 2014 liulef)endentAgenc,j) Operalor—Maintafited as bminess plan airvied at developing rent -a -u ar business in local area. 1)eveloped and used internal relationships to ensure NO was niaJ wai tied and available. Responsibifitics included: budgethig, payroll, and ernployee numagenient. Hired, tvihvd, arrrcl motivated as tcan'r ()Henlal Associates, # l locatiori in counter sales revenue at 121% in January 2014 for Western Region Managed (lay to day operations of as $500,000 location, 10% revenue growth over, YTD 2013 Attained 1(.t10% ofmonthly counter sales incentive prograin for 200 WOLTERS KLIJWER FINANCIAL SERVICES, — Headquar(cred in St. Cloud, NIN Jan 2011 to Mez 2012 Y Account Executive - Sold compliance, audit and risk nianagernenj S0j'tjVrarc solutions to C01nfl1Uni1Y banks niortgage lenders and insurance organizations, Collaborated with sales, retention speciaNsts and support partners to nicetchanging custonier needs. Attained l 00IN of'S] .4 nidli011 arlt'IMII SUbscriplion inventory quota i`xceedcd annual softwatre quota by 150011 C0111dUCted groul:)software demo, closed three out offive altendees, produced $60,000 in new sales DEPAUL UNIVERSITY - Chicago, Illinois Bachelor of its in Business Managerrient EDUCATION ASSOCIATIONS NATIONAL 1:10ME WA'1`01 ASSOCIATION - NUWA I)ELRAY BENCH (TIAMBER OF COMMERCE --AC" 'BASSA ORS COMMITTEE 1637 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 1638 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 1639 Stan"Mone, Tamill From: City Gei,k Sent: Wednesday, April! 19, 2023 433 PM To: Stainzione, Tarnniy„ De Jesus, Mayleel Subject. FW: Advisory Board Appointnrient application Attachiments: Ali Lol-,)resto . Resunie-2021(focx From-, aml9889 <tiiorepty@)1123for-ryibtjilder.com> Sent: Wednesday, April 19, 2023 4:29 PM To: City Clerk < ityCle r k @ bbfl. us> Subject, Advisory Bolard Appolintinent application Today's date04/19/2023, Name Alexandria I_ rests Phiolne number 561-704-1718 Address 578 SW 25th Ave Boyntoln, Beach Florida 33435 United States Email aW9889 uain(iSICL) Tio Current occupation or, if retired, prior Medical Sales Representative occupation Education Florida International University Are you a registered Yes voter'? Do you reside within the Boynilton Beach Ye, s city limits? Do you own/manage ail business within City No limiits? Are you currently serving on a City No board? Haveyou served on a No City board in the paist7 i If.1yes", which, b0ard(s), and whein? 1640 IN ffl�� if "yes", when and where? Advisory Board Cornrnunity Redeveloprrient Agency Advisory Board If appointed by the City Commiis'sion to serve as Board Chair Yes or Vice Chair are you willing to serve! in this capaicity? Personal I am a resident of Boynton Beach arid currently live in, Chapel Hilli. I am very interested in getting Qualifications involved in the city, l am extremely professional, passionate about this city and would love to be involved with this committee because 11 am fascinated by how it has changed over, the years. l ani, born and raised in Boynton Beach and probably will never leave this gorgeous area except for vacation. I also volunteer with the George Snow Scholarship Fund in Boca Raton in my spare time to review college applicants for scholarships, Il am always looking to give back to my cominnunity and think my knowledge of the area and being a young person, in business will make me an, asset to this board. Feel free to attach upload' an LiqpL.JLLogTi L2 d�,)h�)?.fi�c-id=3c7cc3,6,4c5260846e3d6cclb82c8302Wit; qforr,ribuilder,com extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herelln, are true and accurate, I understand that, if appointed, any false staternents r -nay be cause for removal from a board. The message has been sent from 75-301,2,29-2018 (United States) at 2023-04,1915:29:03 on Safari 14,0 Entry ID3 Referrer Form Heist h psj L-� -1 L�r—t42�sp i�,!_CLIAAqy—sojY--bo—ard _qj!InL,wLLrif2u 1641 Alexandria M. Lopresto Cell phone: 561-704-1718 578 SW 25'�'Ave Boynton Beach, FL 33435 AML -2 2UN !3AII(Q),Q —W t D Education Florida International University, Miami, F1 Bachelor of Science in Hospitality M,anagertient, Minor inGlobial C"onmtini cati oils Graduated May 2013 GPA� 3.0 Work Exoerience Azurity Pharmaceuticals (Pre'viously-Arbor Pharn'raccuticals)- South 11orida March 2021) -Present Hospital Sales Repares enlativc • Sales and Marketing for five brandcd pharmaccutical products, (Giliadel, 'Trip(odur, Nyinalize, Firvanq, l`]cqsuvy) • Call points include Neurosurgeons, Neuro -oncologists, Hospitals, R U, OR, Pediatric F-ndocrinologists, Nursing Staff, f1hannacy Buyersand Clinical Nurse Educators. • Fostered relationships and perfurmed 111 -Services with Pharmacy Buyers, Neuro -K.' I U Nursing staff', Operating RoStaff a om Stand odier call points within (lie hospital s),Meni. • Leveraged relationships wi Ih key physicians and phartnacy personnel to get product, reviewed b�y P&TConimittee so that it call he added io the fficifity formulary list. • Tenriiory- South Florida- Ew Coast Vero Beach to the Keys and West Coast fi-on't Bradenton soulli to Naples I Fired at the beginuing of, the COV[D- 19 Pandemic navigated virtual selling envirolinlent utiliziiig NIS Teanis, Outlook and (wer the plione conversations to generale and exceed sales goals. • Institutions I %,ork ch)sely vvith- Boca Regional, Delray Medical Center, JFK Medical Center, Sarasota Meirwrial, Giulf C'oast Medical Center, Cape Coral, St. Mary's, Broward General, Memorial Regional—Tackson J-leahh ;way stenn, University of'Miami Neuroscience Institute, Grew total territory allnual sales 15rc)m $1 .5 million in March 2020 to over $5,8 millioll prusent 2022. President's Oub 2020- Winner ranked 21"1 fil the nation President's C'ircle of Excellence 22021- Winner ranked I "°' in the nation Arbor StarAward 2020 Top 'Friptodur Sales A ward 2020 & 2021 fflo'�Delivery Sciences- West Pahn Beach, t'lorida March 2019- March 2022O Ten-itory Manager • Sales and Marketing for two branded pharmacculicall products (Belbuca & Symproic) • Ca 11 points in Pain Managenient, Internal Medicine and Neurology. • Created strong reationships with Pain imanagernell Practices in illy territory to grow the baseline ofBelbuca fifins. 4P FIducated lillysicialis and stal"fon clinical benefits ol,' bloth Nanded products as well as assisted with managed care pull through and, prior authorizations. • My first full quarter with BDSl 14 2 2019) 1 exceeded voh.ime fol-TRx in, any previous quarter in the Itistory of the lerhtory. • Managed a territory wilb the geography of Boca Raton to Vero Beach, 1642 Pernix 'rherapeutics —West I'ahn Beach, F lorida Ociober 2014. -February 2019 Phartitaccutical S,pecialty Sales Representative • Sales and Marketing of four Branded PhannaceUtical Drugs (Zohydro F'R, Silenor, "Freximet, lc hedez1a) to Physicians in, tile following specially fields: Internal Medicine, Psychiatry, Primary ("are & Neurologists, • Analyzed call and sales, reports to establish morc of and effective strategy • Persuasive conimunication and interpersonal skills, adept with developing strong and successful relationships'with clients • Able to communicate sciernific data clearly and concisely to all audiences, including MAs, nurses, nurse practitioners and physicians • I leld as l0-+- call per day schedule with pharmacy visits • Fxceeded quarterly sales goals air(] demonstrated product growth widrin my terriiory • Four quarters, in as row exceeded goal of I OW,() to plan on all three products • Since joining Pernix have Ireld 30"' in the company or better on national sales rankings based off as sales force of2()O reps • FN" 20117- Ranked Q2 out 78 reps, in the company FY 2016- Ranked 06 out ol'34 reps in the company FY 2015- Rariked 0-29 out 200 reps in the coinpany C orlsistently grew sales through acccaunt management for four products in the speciahics of Internal Medicine, Pain Management, Primary ('are & Neurology, • Managed as lcn,ilory 1'rom North Fort Lauderdale to "I"itusville, F loricla. • Nicniber ofthe Pernix Advisory COUITCH, a board coarprised cif 12 employees selected 1wy the CFO [c) represent dift'ererit areas ol'the company at quarterly meetings. Pronova 'orporation Bro\vard & Pahn Beach County, Florida July 201 y-Ocu) tier 2014 Manag'er. Sales and N4arkefing offour Branded Phannaceutical Drugs (Ilemax, Obtrex, (..)btrex DYIA, Digex NF) to Physicians in the l'ollowing Specialty fields! OB/GYN, I-lenIatology/Oncology, (Jastroenrcrology & Nephrology Almlyzed call and sales reports to establisb MOTV CfliCielll and efl&five strategy Persuasive conri,nunicafion and interpersonal skills, adept with developing stroilg and smccessful relationships %vith clients Able to comatturicate scietliffic dala clearly and concisely to all audiences, including MAs, 11LU-SeS, nurse practitionerx and physicians FY 2013 -Ranked 02 out of'25 Reps in the c�,mmpany FY 2014 -Ranked #2 out of'25 Reps in the company Held a 10', call per day schedule with pliarmacy visits Exceeded quanerly and yearly sales goalsand denionstraled product growth wilhin my terntory grew sales in four Products in the specialties oT(I')B/GYN, FlematologyX)ncology, ("jasiroenterology, and Nephrology Held and mainwined the second largest territory within Pronova t...'orporalilon Community Se,rvice & L,ars idershjp Roles Pr eOdenl Delray Beach'Youth Council, 2006-20108 ,aoccer Btah'llyl Captait), Boca Raton Top Soccer Association, 2006- Present Teain Captain, Atlantic ("ollim tinnily I'ligh School "lomen's Goll"Temn, 2004-2008 1643 Stanzione. Tammy . ...... From: City Clerk Sent, W I ednesday, February 01, 2023 12:12 PM, To: De Jesurs, Maylee, Stanzione, Tarnmy Subject: FVV': Advisory Board Appointment application Attachments: Noelle.docx From. nmcir)tyre82 <noT°eply@123fornibluider,COfTl> Sent: Wednesday, February 1, 2023 11:15 AM To: City Clerk <CityClerk@bbfI,us> Subject: Advisory Board Appointment application Today's date 02/01/2023 Name, Noelle McIntyre Phone number 561-703-3759 Address 910 SW 27th Avenue Boynton Beach Florida 33435 United States Email, !I RIc Yr�u y Current occupation or, if retired, prior Self Employed occupation Education Some college Are you a registered Yes voter? Do you reside within the Boyntoin Beach Yes city limits? Do you own/manage a bulsiness, within CityNo Urnits? If "'yes"', name of business: Are you cu!rrently serving on a City No boaird? Have youser ved on a ,City board in the No past? If "Yes", which board(s) and wheni? I 1644 1645 Have you ever been No wiff"U "I I if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board if aippointed by t�he City Commission to serve as Board Chair Y or Vice Chair are you willing to serve in this capacity? Personal, see attachment Qualifications Professional Memberships Feel free to attach/upload an h t tpsA, _5259a1152 form,12 3formbuilder,coML extra sheet or — resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate, 1, understand that, if appointed, any false statements, may be cause for reniioval from a board, The message has been, sent from 73,57,19.1.90 (United States,) at 2023-02-011,114:42 on Chrome 109.0 0,0 Entry IID: 587 Referrer: ht p -,/L 'a t -019LI: IUItLRMI nt lication Form HoW L I i 1.11 1.1 1647 AMMAR wo V 1848 1649 From: City Clerk Sent: Monday, April 24, 20,23 -7:44 AM To: Stanzione, Tarnmy Subject: FW Advis,ory Board AppoirmMent application From. hirurzun <noreply@123fora bluider.com> Sent: Saturday, April 22, 2023 3,:58 PM To: City Nark <CityClerk@bbflAJS> Subject: Advisory, Board, Appointment application Today's date 04/22/2023 Name Heather Posta Phone number 561-6,35-0114 Address 2555 SW 14 th Stree Boynton Beach Florida Florida 42 Reserved Email Liirurzun@ Current occupation or,, if Delray Beach Ocean ReSCLJe Lieutenant retired, prior occupation Education Hi school diplorna Are you a registered voteir? Yes Do you reside within the Yes Boynton Beach City 11mits? within City limits? if 11yes", na,mie of business - Are you currently serving on a No City boarid? Haive you serived on a City No board in the paist? IL;��sWclti board(s) and when? Have you ever been convicted No of a crime? if "Yes", when, and where? Advisory Board Community Redevelopment Agency Advisory Board 1650 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As an Ocean Rescue Lieutenant for City of Delray Beach over the past 28 years, I have had a great deal of experience in representing the Ocean Rescue/ Fire Rescue Division in many different facets. I have received several different proclamations from our cities mayor on behalf of our Lifeguard Competition Tearn, spoken on behalf of several employees receiving their service awards in front of all of our department heads, and presented at several of our local schools for our Ocean Awareness Program. I have participated in ongoing, community Outreach by teaching CPR classes to Our city employees , as well as being the lead instructor of our Junior Lifeguard Prograrn, Professional Memberships I have been a nnernber in good standing of the United States life-saving Association as well as The international Association of firefighters, for the past 28 years. . W i 11 li z-xt�ra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for reirnoval from a board. The message has, been sent frorn 174,228.1,64,52 (Reserved) at 2023-04-22 '14,,58:16 on lPhone 15.6 Entry M 625 -opplication Form Host: h s: J11- Y-!?,�NL4- U cal -e L 1651 From: lesharOUndtireell <nor y.&Jt22, f o tjr CO , n > �aL)ujlder,, I Sent: Wednesday, March 291, 2023 2:47 PM To: City Clerk <01y Lejj,@—bkj-ft.Lj–s> Subject: Advisory Board Appointment application Today's date 03/29/2023 Name Lesiva Rouncitree phone number Address 805 N.E 2nd Ct, Boynton Beach FL 334,35 Netherlands Email m,�T-t Current occupation or, if retired, prior occupation Education Master Degree Are you a registered Yes voter? Do, you reside within the Boynton Beach, City yes limits? Do you own/manage a business within City limits? if "yes", name of buisines,s- LCAE AR nterprises Are you currently serving Yes on a, City board? Have you served on a Yes City board in the past? i If "yes", which boair�dl(s) Parks and Recreation and when? Education Advisory CornmUnity Relations Library Advisory Have you ever been N10 convicted of a crime. If "yes", when and where? Advisory Board please select... If appointed by the City Commission, to serve as Yes Board Chair or Vice Chair I 1652 are, you willing to serve in this capacity? Personal Qualifications Professional Mie�mb�erships Feel free to attach/uPloadi an extra sheet or resume. Certification 1, the aipplicant, hereby certify that the statements and, answers provided herein are true and accurate, I understand that, if appointed, any false staternents may be cause for removal frorn aboard. The message has been senit frot'n 127.0,01 (Netherlands) at 2023-03-291 BA7:29 on Chrorne 110.0, .0 Entry IID612 Referrer: h ' ti ' IITI I Form HosV h t i� ff A iio( p2din e t" L�L)!Lcatjon 1653 Stanizione, Tamp] Y Fronn: Lesha ROUncitree <esliarouridt�i,e,ell@gTnaill.coi-n> Sent- I"u,esday, April 04, 2023 11: O AM To: Stanz�ione, Tammy Subject: Re: FVV: Advisory Board Appointment appfication Hello - I apWWd Rw two boardL I air very interested in the CRA Advisory Board. On Tue, Apr 4, 2023 at 8.21 AM Stanzione, Tarniny <StanziorIeIR[LbfUs> wrote: Thank YOU, M have reodved your AdviWory Board Appohm,nent alipfication. Y'OLU appIkation mill Cre subalned to tk CRy CornmKon for consideratIon of appointment at the April :18, 2023 Cornrnission iirieeitng, e� 7 '[a'urmry Sr'anzror�e' Cr"'IC Deputy Cly CO'k, CRY Uerk's' Olk("' hAaHing Address: HI Box 310 � B,,.ov,nton BeaO,, Fk'-aida 33425 P[rvskal Address; 100 E. Ocean Ave. I Boynton Reach Fladda 33435 k. SE',0742 6062 fia StanQneT(qi,Db[iR us I PInse be advNed tho HOW has as bmad puNic recork, R,,i,�vvcmd all wqxWexe to rrr(-Ai aenrfll rnay he SUbjr,,,,(I U), Nor% records law, emaH addresws me puWk awords. Thoekm, your e maH corrununkWon and your einaH addrox may be suboct to pubUc dhNsum, From- City, Clerk <gity�g1kL@ bbtl, up Sent: Wednesday, March 2% 2123 392 PM To: Stan zione, Tarnmy De Jesus, Mayl:ee <Debf I-Le-sL)L ..-I. —us > Subject: FW: Ad,visolry Board Appointment application 1654 From: City Clerk Sent: Wednesday, March 08, 2023 3:41 PM To: Stanzione, Tarnmy Subject: FW': Advisory Board Appointment application From: calixtefranoels e <noreply@123fo�,tnbLilder.comi> Sent: Wednesday, March 08, 20239:15 AM To: City Clerk <CityC1erk@bbfl.us> Subject: Advisory Board Apip ontinent application Today's date 031/08/2023 Name Fraincoise Calixte-Dieuvfl Phone number Address Email calixtefraincoisecwznlLgil�Com Current occupation or, if Esol Coordinator retired, prior oiccuipation Education Ks Are you a registered voter? Yes Doi you reside within the Yes Boynton Beach City li�mit�s? Do you own/manaige a, businesis NO within City limits? if ""yes", name of business: Are you cu rre ntly seirvi nig on a Y'eis City board? Have you served on a City yes board in the piast? If "yes", which board(s) and when? Education & YouA th dvisory Board for the past four-plus years, Have you ever been convicted No of a crime? If "yes", when and where". Advisory Board Education and Youth Advs,ory Bio and 1655 If appointed by the City Personal Qualifications Palmer Beach Atiandc University Master's in organizational leadership Palm Beach State College Bachelor's in management & Supervision Associated of Art in Health Sciences Graduated with an honor PaIrn Beach Maritirne Academy Secondary sol Coordinator) 2022 — Present City of Delray Beach (Finance UTB), 2019 -2022 Perform general administrative management duties Collect services fee Create a spreadsheet for the collection fee Promote poisitive ei'Tipioyee relations and employee morale daiily. South County Drug Abuse Foundation Inc. 20,16- 2019 Health Behavior Educator/Counseling/HN advocate Keep appointment calendars, and schedule Professional Memberships F&R Immigration and Notary services 2007-2016 Provide administrative and StaffAssistant to the whole staff. Help with translation File paperwork Monitor daily Payroll sheet Church volunteer 2005 -Present Counsel and coach people with different needs Teach Sunday schoo I for all age g,ro u ps Assist with planning youth activities A971TOM. I extra sheet or resumei. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for rernoval frorni a board. The niessage has been sent frorn, 5x0.23 a'.1 8.186 (United! States) at 2023,03-018 09.14161 ()nj ClIq'rorne 110,0,0,0 Entry 110; 61015 Referrer11tps JjWww,boynton-beach.p�rgj Form Host; h tforn 1,123fornibuilde co Lg, as EY:k�EA-4PPR LU t, ffigIll- j1p 1656 Stainizionle, Tammy From: it Clerk Sent: 'Tuesday, February 21, 2023 8:23 AM To: Stanzione, I'arnmy; Die Jesus, Maylee Subject: FW: Advisory Board Appointment applliicaition Attachments: Nkola s.-Giacalone-LoR.picif From: nicolasgiacaloo e <noreplly@123fori,nbuilldet,com> Sent: Saturday, February 18, 2023 1:28 PM To: City Clerk <CityCierk@bbfLUl5> Subject: Advisory Board Appointment appfication Today's date 02/18/2023 �Namie Nicoiias Giacalone Phone number 561-699-3466i Address 4170 Key Unie Blvd Boynton Beach FL 33436 United States Email mica las. giacalon Current occupation or, if retired, Iprior Marco, Rubio for Senate occuption Education College Student Are you a regi�stered voter? Yes Do you resiIUII de within the Boynton Beach Yes city, limits? Do you oiwni/manaige if "yes", name of business. Are you currently cerving on ai City No board? naive you servied on a City board in the No past? If "yes", which board(s) and when? 1657 If "yes", when and where? Advisory Board Education and youth Advisory Board If appointed by the City Cornmission to serve as Board Chair Yes or Vice Chair are you willing to, serve in this capacity? Personal I am 19 years old and started my career in public service in middle school at Franklin Acaderny in Qualifications Boynton Beach, Florida, I served as a student council representative and won mern ber of the year, II went on to serve as President of the Jr. Class of 2022 and Chairman of FUndraising for the Student Government Association at Sornerset Academy Canyons High School in Boynton Beach, Florida, In 12th gracile, l was, elected to served as the President of Student Gov erni"nent Association, ^which I governed the middle -high school, II now am attending Lynn University, 11 know, the education system well, as I hived in it and have been around for it practically my whole life. Professional A committeeman at the Republican Executive Committee of Palm Beach County. Memberships Intern, and IPalrn Beach County Administrative Liaison for Marco Rubio's 2022Re-election Carnpaign, Feel free to attach/upload an d=29�6�lcad 6�8c6bb,Olt��J.0134f7'7085e736352 extra sheet or resume. Certification 1, the applicant, hereby certify that the stat ernents and answers provided herein are true and accurate,. I understand that, if appointed, any false staternents may be cause for removal froiru a, board, The nnessape has been sent from 9,9,210,19:8,,214 (Ur'Oted States), at 20,23- 18 13 27A2 on Whone 16,2 Entry 11D: 592' Refenvrhnl;!iILWvvA,,LcMEitgn,-beacL]..o_rgZ Form Host: h tL 5 14 ad jg:L�zLrL@p ohlLaltal- _g )Ljfirgtjj[on _p_ _ _ 1658 December V, 2022 I am pleased to have the opportunity to write a letter of recommendation on behalf of Wicol;;w Nicolas' declicvtion to kis acadernics and leaders'tivil will make him an M=jjjjMMMjjj= 11 E Nicolas has been alct�ively engaged in piolitics, interning with, my South Florida campaign tea As a Campaign Intern, Nicolas, hais taiken an act�ive role in engaging with Florida voters, whiile di�scus,sing issues that matter most to them. Nicolas has also demonstrated his commitment to his coimmuniity by having completed oiver 4,00 hopast four years. I I am proud that Nicolas' experience working with my campaign has inspiired him to further his leadership, and I have no doubt he will thrive alt his next opportunity, Nicolas' passion for academics, as well as his understanding of politics, ensures he will be a great aisset to you. Thank you for your th-ne ainid consideration in this matter. To discuss Nicolas' recommendation further please contact my Political Director, Matt Grucla, ait 305-613-6651. MOM Marco, Rubio United States Senator 1659 Stanzione, Tammy I from: City Clerk Sent: Monday, March 20, 2023 2:07 P,M To: Stanzione, Tammy; De Jesus, Ma lee Subject: FW Advisory Board Appointment application Attachiments: Resume Te�resa M-3-23,clocx From: Damcclendon, <i,io�repill y@1foi,milbit,iilder.coni> Sent- Monday, March 201, 20,23 12J3 PM To: City perk <GtyCler k@bbfl.us> Subject: Advisory Board Appointment application Today's date 08/16/1963 Name Dr Teresa Kase y -Mc Clend oin Phone number 561-577-9272 Address 7228 Chesapeake Circie Boynton Beach Florida 33436 United States Emaill DrtmiccliendoLift, fl.corn Current occupation or, if'Executive Director Early Childhood Education reti�red�, pricer occupation Doctrine of Divinity yes Do you reside within the Boynton Beach City Yes limits? -mo you own/manage a 'i�uslness within City Y" ]limits?, If "yes", name of Little Cubz Learning enter buisiness� Are you currently No serving on a City board? Have you served on a No City board in the past? If "yes"', which board(s) and when? Have you ever been No, convicted of a crime? 1660 If "Yes", when; and where? Advisory oard Education and Youth Advisory Board If appointed by the City Commission to serve as Bioa rd Cha I r or Vice No Personal Qualifications Asa Pastor and cornmUnity leader Ministering to, low-incorne fat'nilies On a consistent bas'i's. As an Experienced Childcare Provider Serving area farnihes and seeing the needs of the people firsthand, and hearing their COrnplaints and hearing their struggles. During the Pandemic serving our community by opening a food pantry, giving away clothing. Shoes and assisting, with: ministry finances. Professional Way of Life Family Worship Center Memberships Children Services Council StrongMinds Prevention Central of South Florida American Heeart Association National Chaplain Association Florida Association of Childcare Management NAACP �Feel free to attach/upload an, extra htjpsj f�oral-n.123forriiibLi�dc%rcos' )IL!lp (Ldid i Li-Mleid=58bl,findW.396f5ff7afe8c6da, cfed78 sheet or resume. Ce�irtification 1, the applicant, hereby certify that the statements andl answers provided herein pare true and accurate. I understaind that, if appointed,, any false statements may be cause for removal from a board. The niessage has been sent fron,,j 166,2'05.159.62 (United States), at 20,23 03-20 11:12:51 on Whone 163 Entry ID,. 609 Referrer LittpZtwbqy oq,,jlg_a� Lk&g ,ILL g/ Forni Host; tit orrn.123formbudder.,con jajZ141 Jj �E )i),E I -a r t .9 n rnc� t 1661 OMM11wrom 1079MVIONSTMEIZOI 7228 Chesapeake Circle - Boynton Beach, FL 33436 Cell (561) 577-9272 Email - Liv2livagin@Paola ,com Patrick, Henry High - Ranoke, VA 06/1981 National Bus. College Salem, VA 10/ 1983 Fashion Merchandizing Palm beach State College Lake Worth,, FI -8/2015 Director; Degree Faith Christian University School 5/20109 Doctorate Leadership Tabernacle Bible College & Sieminary Doctorate Divinity *Work Experience: Way of Life Ministry B I 'oynton Beach, Fl. 2020 Executive Administratoir/Pas�tor Instructor - Mentor: Manage Administrative Sitaff, Correspondence, Typing, Dat E�ntry, Reicorld- keeping, Filing, Meeting Scheduling. Mana- &Train Volunteers Alternative Unlimited Plantation, FI 01/210iO6-05/2008 1662 Administrative Assistant Office, Administration, Registration, Data Entry, Scheduling, Appointment Setting, Filing, Reporting, Teacher Assistant Manage & Train New Hires Portsmouth Redevelopment & Housing Authority - Administrative Assistant: Chesapleiake, VA - 07/1999- Oil/2OiO2. Typing, Filing, Meeting Scheduling, Office Management, Data Ent�ry, Report Updates & Filing, Electronic Billing, Customer Service, Traffic Calls, Accounts Payable, Sort &, Distribute Mail, Accounts Payable & Receivable. R & R Transportation,, Inc. Oi2/2000 - 01.5/2001, Suff6lk, VA Marketing/Advertisileiment & Custom,er Service Marketing & Advertisement, Transporter, Appointment Setting�, Quote Preparation, Data Entry, Customer Service, Data E�ntry, Matrix Updating, Manage & e-ui [Harrison Museum of African. Culture 0 Itirector Assistant American 08/1.997'- 01/2000 Roanoke) Vj-X,. #ffice Management, Payroll, Accounts P�ayabile & Receivable, lWata Entry, Manage &Train Volunteers Trigon BC/BS - 11/1.987'-07/1997 Roanoke, VA Customer Service Claims S�plecialist/Prolvider Service, Retention, Benefits Analysis,, 1663 Claims Entry & Processor, Coding, Billing, Medical Claims Assistant , Roanoke Virginia 05/1983 - Assistant Dietary Director /Dining Rooim Assistant Assistant to Dietar , y Director, Manage Administrative Staff, Correispiondencei, Typing Record -keeping, Filing, Meeting, Scheduling, Data Entry, Menu Preparation, Manage Evenin I` Staff Waitress, Assist Coiolks Skills: Administration Operator/Reco ptio�nis�t Office Management Dis�patch, Data Entry Volunteer Coordinator Mentoiring, /Business Machines Certified Effective Supervision Licensed Parenting Instructor Licensed Minister/ Noutic Counseling Medical Billing/'Claims Filing Insurance Benefits/P,r,ovider & Broker Service Nursing Home Dietary Food Preparation/ Training Medical Term inoloigy Microfilm & Microfiche "Tele mrktin ,Fundra i sing 1664 Pam Canon -Lead Secretary Portsmouth Redevelopment & Housing Authority 80�O High Street Poirtsimouth, VA 237015 (757) 39i9-5261 Felicia Walker Regional Director 28001 Oakland Blvd Fo�rt Lauderdale 33311,4 (1754) 32:1-7050 Tierra Kasey - CEO Prevention Central Fort Lauderdale, Fl 33336 (954) 599-2267 94EM., I=MNwM Michael J.r. McClendon - Pas�tor Ramsey Coins�ultant�s A1TV.7T Gwixtwticatiovs V17 0 W, WI M To, 105 = Tammy Autrey Marriott Richmond, V 5611225-3527 1 1665 Stanzione, TaIMIMIX . . . ............ From: City Clerk Sent: Wednesday, March 01, 2023 12:25 PM To: Stanzione, Tammy,- De Jesus, Mayllee Subject: FW: Advisory Board Appointment application Sent: Wednesday, March 1, 2023 12.018 PM To: City Clerk <CityClerk@bbfl.us> Subject- Advisory Board Appointment application Today's date 03/01/2023 Name Vall,erie Valcourt Phone nuim,ber 561-293-6591 Address 410 IN W 16th Ave Boynton Beach Florida 33435 Netherlands Fm iaill vafeerie.vall qjLiL bjLdlLi2!,±),ach.$)n!j2qLAcam, Current occupation or, Jif retired, prior occupation Educator Education Doctorate in Educational Leadership Are you a registered voter? Yes Do you reside within I i the Yes Boynton Beach City limits? Do you own/manage a business iW ,within City limits? if ""yes"', name of business: Areyou currently serving on a: Yes, City board? Have you served on a City Yes board in the past? If "yes", which boiard(s) and I am currently the chairperson for the Education & Youth Advisory Boar* when? Have you ever been convicted No of a, crime? if "yes", when and where? Advisory Board Education and Youth Advisory Board r. 1666 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacIty? Personal Qualifications I have been, on the Education & Youth Advisory Board since 2020. 1 have served as, the chairperson the last 2 years. I am also an Assistant Principal for the' cho l District of Palm Beach County. I have graduate degrees in Educational Leadership, Professional Memberships Feel free to attach/upload an extra sheet or resume., Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 127.01.01.1 (Netherlands) at 20,23-03-01 12:08J6 on Chromie 108.0.0.0 Entry ID: 5,98, Referrer: !"i t qg�jj'VLWfflW�tg) MLQn .LN'Ai-11, Lai Form Host', ht s,,) j.Lq!n_ I�Jf2Lr -12__ _ru 1667 From: City Clerk SentFriday, March 31, 2023 428 PM 'To: Stanzione, Tarnrny; De JeSILIS, Ma to Subject: W Advisory Board Appointi[nent application Attachments, Brad -Jackson -12022 'Resiuime,docx From: bjackson <�nioreply@,1,23fortnbluildeir.co�"n> Sunt® Friday, March 31, 2023 3:30 PM To. pity Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointrrient application Today's date 03/3,1/2023 Name Bradley Jackson, Phone number 561-2' -5791 Address 815 W. Boynton Beach, Blvd., Apt 15-103 Boynton, Beach FL 33426, United States Emaill bac kson Ccqer Current occupation or, if retired, prior Marketing Director for Engineering & SUrveying Firrn occupation Education Bachelors Degree froini FSU in Business/Hospitafity Management Aire you a registered Yes voter? Do you resiide withiin the Boynton Beach Y'e s City limits? Do you oiwn/manailge If "yes", name of business: Are you currently serving on, a City No board''17 Have youi served on a No City, board in the past? If "Yes", which board(s) and when? 1668 Have you ever been Yes convictO of a, cri-tte? If "'Yes", when and 2014, Driving Under Influence where? If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you wi Ming to serve in this capacity? Personal I work in the,, architeCtUre, engineering, and construction industry and hawse knowledge and Qualifications appreciation for our historic buildings and resources in the City and the important of preserving there from being erased through overdevelopiment or redevelopment. I have previous, experience volunteering at the South Florida Fair in their yesteryear village (YYV) park to help spread information and awareness about the historic structures being preserved there so that people of all ages can learn, about history in Palm Beach County, I serve on the Young Professionals, SponsorsWp, and Hospitality Committees at the Fair which help prornote YYV throughout the Community, Professional Society of Marketing Professional Services, (SNIPS) South Florida Chapter Memberships AEC Trendsetter's of: Florida Leadership Painij Beach County Rusty Gordon LQ+ Democratic Caucus, Urban Land Institute (MLI) Southeast Florida Chapter Florida Engineering Society American Society of Civil Engineers Feel free to attach/uploa,di an c1a6eb7aedb9527bcO17f2f extra sheet or Mutt ms: forrru.;�forrmmi�au�IMpr comm fug load did, Ir resurne,, Certification, 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any, false state me rits may be cause for removal from a board. The niessage has bleen sent from, 501.244.140,133 (United States) at 2023-01,31, 1.4:30:20 on Chrome 111,0,0,0 Entry ID,., 614 Referrec htfjps w%Lw boyn Form Host-, u or sJL httjj m.123forrnLi r.&Loj-DJj�. �UAL�Ld oi�oty-bg�a rd -a ppoi Lit m eqjjjj?2icat"qn, _ _ _jdc 1_ _ 1669 Bradley Jackson # I-5 W- [,o--y-n-t"o—riA-pil. 151()3, Boyraon 13eadl, FL 33426 1 (561) 252-579 1 1 To be considered for a seat on the Boynton Beach Historic Resources Preservation oar to serve the residents as, a member of the coninnunity committed to preserving the rich history of the buildings and architecture in the City. Skills Excellent Communicator and Coordinator • Highly adept at marketing research and organization of company functions • Convey leadership qualities in managing organizations and business responsibilities • Pai-ticipating in community activism and engagirigi with local leader's to, enhance the environt-neat and well- being for our neighbors Edu atron BS Business/Hospitality Managerrient � May 2013 � Florida Mate University (Leadership Boot Carnp, College of Business � October- 201,81 Florida AtIa ntic University 4W Current.job E2=6enice Dir. of Marketfi,ig & Business Development I Engenuity GWUP, lnc, I March 2oi.3- Present 0 Manage and at times pregame all RFQJRFP responses, for public sector, work * Manage, prepare, and post content for company website,social rnedia 0 Manage and prepare conterit for company newsletter through Coristant Contacts 0 Prepaire and review reSUmes and project experience cut sheets for marketing 0 Coordiriate and manage teaming opportunities for private and Public sector, projects 0 Attend networking events to socialize wei various groups of people to learn and develop new business connections for the company 0 Research and develop ri-iiarketing, strategies, firma -wide 0 Manage admilinistrative staff to ensure quality control of day to day tasks VOIL nteg u-!qj i e in ic, e, 0 Society of Marketing Professional Services (SMPS) South Floriida Chapter: Past President 2020-2,022, President 2019-2020, President Elect 2018-20ag, Programs ilair 2017-2018 0 AEC T"rrendsetter's of Florida� Viice President 2020-2022, Board Mernber 2017-2020 0 Leadership Palm Beach County Class of 20: 2,2. Current Alurnini serviing on HohdayBe.akfast, Focus, & Forward Committees 0 Rusty Gordon L.GBT0+ Democratic Caucus: Secretary & Endorsements Chair 2021,. -Current: # South Florida Fair & Exposiitions- 'Beyond the Falr'Young Professionals Class Of 20'21, Serving on Sponsorships, Youngi Leaders, & Hospitality CommitteeS, 2023- Current 0 Compass: Stonewall Ball Host Cornmittee Menibel" 2022- Current 0 Sunfest. dates Comirnittee Member 2022 -Current Urban, Land Institute (UU) Southeast Florida Chapter_ Palm Beach County Young Le�aders Steering Comr-nittee Member' 2018 -Current Florida Engineering Sobiety:"volunteer yearly for MATHCOUNTS & Engineer It! COMpetitionswhich, engage elementary & mididdile schroolers with rriath and science American Society of Civil Engineers: VOilUnteer yearly for Bowl -a - Thor) Scholarship event Volunteered on i different local Ipoliitical carripaiigns 1670 1671 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 1672 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 1673 Starizione, Tammy Fromi- City Clerk Sent- Thursday, March 02', 2023 218 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From, lindsaykarten <iioreply@123fortn,builder.coni> Sent: Thursday, March 2, 2023 8:41 AM To. City Clerk <0tyClerk@bbf1,us> Subject., Advisory Board Appointment appfication Address 3386 CHURCHILL DR BOYNTON BEACH FL 33435 United States Email l"ndsavkarterii(o')Rniaill.corTi Z Do you reside within the Yes Boynton Beach City limits? Do you own/manaige a business No within City 11imits? Are, you currently serving on a No City board? Have you served on a City No board, In the past? 14 bis-o2rd( Have you ever been convicted No of a crimO, If "Yes"', when and where? ,Advisory Board Library Boa:rd If appointed by the City Yes Commission to serve as Board .1 1674 Chair or Vice Chair are you willling to serve In this capacity? Personal Qualifications, Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers proided herein are true and accurate. I understand that, if apointed, any failse statements may be cause for rernoval frorn a board. 'Th:e rnes5age has been sem from 1.7 .55,112,230 (United States) at 20123-013 02 08AOA7 ori Chrome 11 .0.01.0 Eritry ID: GOI Referre,rht�pi,-11w.ter w )yjL tgq-bg Li4,CTd Form Flost: ht( s,/ forrii.12�3foriiiibuiilclt,,rcoinLM3�q4lild i boardcrpp i �a I i 0 r, 1675 '3 Stanzione, Tammy From: Clity Clerk Sent: Wednesday, (March 08, 2023 7:43 AM To: Stanizione, Tarnrny; De JeSUS, Maylee Subjt: FW: Advisory Board Appointment application Attachments: Marcia Levine RestA,nii(�iiciit-ch-23,doc From: marcialorHevine <noreply@123forrnbuilder.corn> Sent: Tuesday, March 7, 20,23 7:40 PM To: City Clerk <CityCierk@ bbf L LIS> Suibject: Adviisory Board App6ntrnent application Today's date /07/2023 Name niarcia IeOne A 0 a * A It 14 4 Address, 6,25 casa Lorria blvd' apt 8018, Boynton Beach FL 33435 United States Email Current occupation or, if retired, prior DJ occupation Education College Graduate Are you a registered Yes voter? Do you reside within ts? Do you own/manage a business within City No 111fits? Are you currently Yes serving on a City board? H�ave you served on a Y'es City board in the piaslt? if" ns", winich board(s) I arn currently: and when Library Board Mernber terrTi expires 3/31/23 This is a request for renewall of that position Senjor Advisory Board Mernber (start Data; 2022), 1676 If"yes", when and where,? Advisory Boiard Library Board If apt by the City Commission to serve as Board Chair or Vice Yes Thank you for asking me to renew my application/Library Advisory Board Member, I WOUld be honored to be able to continue for another terni. It's difficult for rne to express my positive qualifies as I like to practice hUrnility in all aspects of rny life, but I ani, a service oriented, cornirnunity minded and involved resident of The City of Boynton each. My whole fan'-dly loves libraries and the majority, of rny farrifly mernbers, are avid reaiders , I not only love to read, but I llolve the concept of the library as an important fabric and glue of the cornmunity, I love the work that Mr. Craig Clark and the tearn are doing and 11 want to he able to help,with the endeavors going forward. Professional Wornen For Excellience Worrier's Leadership Group Memberships Wornen in Developimenit-Wornen who are the fundraising area DL Franchise Record Pool-Dj Networking G rrO U P Feel free to attach,/u!pload an extra Littps 23foi"r'vi�buildeL.C(—)ry-)AIPLO—ad-110stip?fileLct=t7da(i6cdfl3f3l)lf29,33523f43bfd334 sheet or resume. Certification, 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate. I understand that, if appointed, any fallse statements may be cause for, removal froni a board, The niessage Ihas been sera frorn 206.214,134.18 (United States) at 20123-03,017 1939:50 On: Chroflle JJ01010.0 Entry IM 604 Referrer: I, L L) qy i kq!h L - gfj RUP L be _ _4Z Forrn Host: .11 ... Ni de -1.1—L 1677 Boynton Beach, Florida (917) 693-4729 marcialorilevine@gmiaip.com SUMMARY I am a tl'IOUght-foul, and creaitive business professional, with a successful career prin'larily within the media/ marketing and sales arena. II have an established track record of cultivating strong internal/externaI partnerships. II am adept marketer and facilitator. I believe my experiences will allow rile the opportunity to, join, a tearn, and to not only personally flourish, taunt also to help Iflake a difference on the team (s) I join VIDEO CONFERENCE PRODUCER, Virtual, 2019-Presenl Set -Up and Adrn inister/Faciltate Techni,cal Support for Virtual SeIrinars/Trainings, Recovery Workshops and Professional Conferences, Manage all in rneefing operations, including instructions on how to participate via computer or pahone-in options, muting/un -I'll LJ ting features, polling, breakout roorns, screen sl")aring, and whiteboard/ with attendee participation. P,rovi:lde help with, set -Up Of Ineeting (s), registration with correct in- meeling controls/ functions, to Insure, smooth, orderly and successful conference/workshops for stake -holders,... OLD SCHOOL SQUAREICORNELL ART MUSEUM:, Delray Beac1i, Fl. 2018-20,20 Assistant Museum Operations Director Assist �irector of OperationS/CLffator' Duties include: opening and closing rnuseUrn, Wrating, operating and irraintaining Museurn Stoire, placing media buys for Art Shows at OSS/driving revenue to Old School Square. Manage, reception desk adn'0ssions/donations through Square Register operating system, Greet guests With working kirlowledge, of Old Scl,ioot Square and Cornell Art Miiuse u m_W rite all press releases. Engage and tour visitors through the exhibits. THE HEALTH CHANNEL/South Florida PBS, Miami -Da de- Pali n Beach Counfy 2017-20,18 Account Execlutive (one year contract) Relocated to Florida to join team to develop/taunch The Health Channel properties, and ,Nww,allhe4fly Jv websile, Responsibilities includeDevelopment of all marketing materials, generating leads, daily prospecting and lead generation, outreach into local cornimunity to create partner relationships, presentations virtually and in-person. Successfully worked togettier with Baptist/ Bethesda Soufll Ploidda's marketing group and with aFP S creative, marketing and ad sales divisions. VIVENTIUM SOFTWARE, New York, N.Y. 2o 1 6_201 7 Nationall Sales Account Executive (Outside and Inside Sales) N I was recruited to develop NYC territory and assist the (launch, of Viventiurn Software, Responsibillties Include: Developmerit of leacls, daily prospecting, virtual arid in person selling/closing, cold call arid lead generation for all HCM (Hurnari Capital Management /Payroll, Onboarding, HR,) products, Led the launcl'itearr in new bUSIness !sales, meeting and exceeding rnonthly arid yearly goals, $250,000 Gross Revenue A+E TELEVISION NETWORKS, New York, N. Y. 19,99 -20,15 Account Executive, New Business Developrnent Specialist, A&E, Biography, History Channel 01 Researched/venerated new bUSlness opportunifies;, prospected on a daily baisis. Identified customer needs, set Up client rneefings/presented to senior level decision makers. Closed high percentage of new lbusiness,; met and exceeded, yearly sales, goals; Grew, sales list revenue frorn $10 million to $100 rnillflon over tine course of 14 years. VOLUNTEER & COMMUNITY SERVICE ACTIVITIES Boynton Beach Art In Public Places„ Vice Chair, Boynton each Library Advisoiry Board Member, Boynton Beach Senior. Advisory Board Member, Vice-Char Overeaters Anonymous PaIrn Beach Counity Board of Directors , Reading VOILInteer Mestchester Mordessorl! School & Carlarsle Childcare Development Center; IDeveloped Therapeutic Music Program for Children oil the Autistic Spectrum; EXTRA -CURRICULAR ACTIVITRES Professional DJ for the past 20 years, I go by the mane, "01 Marsh" II have had over 25,01 D,J jobs In various locations. I specialize In varied playlists that satisfy all age ranges. I transitioned to virtual D'ing during COVID, but I arn currently back to live OJing- EDUCATION B.A., Hunter College, New York, N,Y. 1678 1679 From. are <n:oreply@1:123tor,iiibL,Iil,der",com> Sent: TUesday, IMarch 14, 2023 2:47 PM To: City, Gerk Subject: Advismy Board Appointment application Attachments: ATR-resurne-2023,pcif Today's, date 03/14/2023 Name Ace Till!ton Ratcfiff Phone number 561-376-3640 Address 142 SW 13th, Avenue Boynton Beach Fl. 33435, United States Email ace@staVweirdbekindcom Current occupation or,, if retired, prior Self-employed artist, photographer,, and writer occupation Education BA in, political science from UCF Are you a registered voter? Yes, Do you reside within, the Boynton Keach Y'e s City limits? Do olid owin/manage a business withiin, City Yes limits? If Oyes",, name of Harper's Promise, currenfly on hiatus business: Are, you currently serving on a City Yes board? Have you served on a City board in the Yes past? If "Yes", which 11 have served on the Art Advisory Board and the Library Board for one tenn each. board(s) and whien7 Have you ever been No convicted of a crime? If "yes"',, when and where? Advisory Board Llbrary Board 1680 If appointed by the, City Commission to serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal I arn almost a lifelong resident of Boynton Beach. Though I left for a period to live in, California, I Qualifications returned: to my hornetown to buy a house and create a life here. I have served in ryly capacity on the Library Board for one term and I am interested inanother, I! arn am author with rny first book forthcoming from Simon & Schuster. Also II LOVE our library!! Professional City of Boynton Beach Art Advisory Board, Member Membership City, of Boynton Beach Library Advisory Board, Member Feel'l free to attach/upload an ()Lmbui LderLoniZup Ll,.�.p-?f-.'iLc��d=6cldl630le328le7'4(�;2ld5,53a29ee7cc548 extra sheet or resume. Certification 11, the applicant, hereby certify that the statements, and answers provided herein are true and accurate. i understand that, if appointed, any false staten'ients may be cause for removal from, a board, The message has Ihernrr sent frorn185,203,218.28 (United States) at 2023-03-14 13A6�55 on Chrorne 10 9.0.0,0 Entry ID, 607 Referrer: httjL�'w A ,N�qyljjavg. a,Jl, Form HoW htt.j s boa d-appointryie t pj2LLg gr! J,I�UrLq�123fq�'nibuflde,c nj 21 - r ni -a LLqg 1681 Ace possesses a dedicated group of almost 20K amazing Witter followers and makes nearly 2-5, million impressions there on a monthly basis. Ace and their followers focus on connnunity .-care, raising thousands of dollars for places like local, abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. Co -founder, Deathcare Advisor Harper's Promise, LLC I January, 2018 Present Harper"s Promise is an in-horne pet euthanasia, hospice and palliative care practice n ice devoted to helpig families throughout South Florida provide the best possible end of life experience, In 2017, Ace co-founded the practice with their partner, Dr, Derek Calhoun (a veterinarian), after the death of their chilwah ua, Harper ..— the best -worst dog ever. Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life for chronically ill pets while providing dignity, cornfort, and control, through the final stages of incurable illness for those that are terminally ill. Ace and Derek keep Harper's Promise by helping provide pets a good death, which is an, integral part of a good life. Funeral Director, Embalmer, & Crematory Operator Parent-Soretisen Mortuary & Crernatoryl January,, 2014 - 1'Y 2015 Wilson & Kratzer Mortuaries I October2012 — January, 2014 Smith & Witter Funerail Home I January, 2012 — August, 2012 Boynton Memorial Chapel I May, 20110 - Augusto 20,10 Ace had direct responsibility for administrative arid organizational management in addition to fast -paced event planning and production with extremely tight deadlines. She has superlative custorner relation skills under demanding and stressful circumstances. She coordinated legal paperwork at a county, state, and national level, with a focus on calendar, budget and contract management. Sheflexibly worked between three office locations in addition to remote, after-hours teleptione work. She provided necessary support to a tightly Icnit team when not working independently. She conceptualized funerals, for thousands of families from a multitude of ethnic and cultural backgrounds after in. -depth, personal phone and onsite interviews and conferences. She completed a rigorous and extremely dernanding two-year ernbalming apprenticeship. Norninum, Inc. Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end-users - typically systern administrators. She standardized, content across platforms, revised docurnents, and clarified instructions, to make docurnentation easier to use. She is proficient in lira software for ticketing systems and Madcap Flare for document creation. She is willing and able to learn any new software or programs required. Sunfed,, Inc' Ace was a combination event -coordinator, customer service representative, and salesperson, providing innovative service by using over 14 -years of experience in situational analysis to create repeat -customer loyalty. They were in charge of all advertising and social media campaigns, including all written 1683 communications released by the company. Ace implemented multiple high-level, marketing -oriented processes and procedures, with a strong focus, on social inedia maintenance across multiple major platforms. ACTWHOES & City ofBoynton Beach Art Advisory Board, Member City of Boynton Reach Library Advisory Board, Member IAAI IPC Meniber EDIU(,,,/k Ir KN American River College, Sacramento, CA .- A.S., Furwral Services 2012 University of Central Florida,, Orlando, FL - BA, POHOW1 SC'ifflte 2010 1684 Stanzionejaimmy Frorn: City Clerk Senit: Monday, January 23, 2023 7121 AM To: Starizione, Tarnmy Subj,ect: FW: Ad� sory Board Appointryient application Attachments, Vaiies,sa-IBeNi,nont-,Resume-copy.pdf From: vanessabelmonte <rioreply@123foriiibLlillder,cort'ii> Sent: Saturday, January 21,, 2023 :22 PM Toy: City clerk <GtyCIerk@bbfl.us> Subject: Advisory, Board App6sitment application Today's date 01/21/2023 Name Vanessa, Belimonte phone number 407-913-9563 Address 100 NE 6th Street Apt 6,017 Boynton Beach Florida 33435 United States Email v,airiessabeir-non,I@L2En2a�il,(�ori� xmmmm�� if retired, prior Marketing ConSWtaflt occuipation Education Bachelors Degree, University of Central Florida 2008 Are you a registered Yes voter? Do you reside within the �Boynton Beach Yes City limits? Do you own/maniaige a business within City No, I i TI -it's? if "yes",, name of business: Are you currently serving on a City No ho, w2 H�ave yoilu served on a No C4 board in the past? i 1685 Have ' you ever been, Yes convicted *,f a c:r' If "yes", when and 2004, misderneanor for possession, of niarijuana at a college party where? Advisory Board Pianning & Developirient Board If appointed by the City Cornimission to .serve as Board Chalr2LMI, Vice Chair are you, willing to serve in this capacity? Personal QualificationsI'mi passionate about the intersection of technology and culture, For the past 1.2 years I've helped cireatives, startLIPS, SM Es & entrepreneurs ideate and execute on their visions & projects through 1"narkefing, communications, events and business operations andl more recently in creative consulting & transformational coaching. I have 5 years of experience with digital transformation, and corrimunity building. My experience both working with small businesses building communities for start1ups makes rile a great candidate, for the Planning & Development Board, I have, innovative approaches yet and grounded in sustainable growth and thriving community, Professional Professional Memberships: Memberships OperiExO Arnbassador Certified OpenExO Trainer, Advisor and Consultant Certified Internship, Mentor with Boston Ext Feel free to attach/upload an ext�raLittps.,LforrTi.123frriibuildgrcorriZ.ypj!2 f Certification, 1, the appficant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removall from a board. The message has been, sent from 206.214.134.162 (United! States) at 2023-01-21 17:2130 on Chronie 107ffO,O Entry M; 584 Form Host; htIpL.11 .123fornibuilder,co nLf)L3�IALa(4,��s ry - 4j2Q2jO1MgnL-1pV I i c .. . .......... —i— _ _g_ _Lqg�2_ & 1686 Broad,based background with over 12 years' hands on experiolce in the areas of digitall rnarketing, brand develollillent, social rnedia, and online development. InsighlifuiJ and result -driven professional with a profound ability to conceptuahze, devellop and CIOCUte markefing ca ill paigns tlamt bURd strong and rner-norabte brands. dnnovative leader with, wide -ranging experience delivering resu Its by creating and linsfigatingsn"ategic and tactical 50iiAiOnS that advances productsawareiless; with a proven track record of work iiigc�'oss-funictdoriallytOeXOCLuto new Projects, direct MLilfi,Site Operations, in')prove, productivity and profitability, and ein1hiance the custoiner's experience, • Community Relations • Strategic Market Planning • Budget Managerneril • Project Managennerit • Event Managerrent 0, Chent Development 0 EXPERIENCE ...... .......... Branding Development Social Media Management Market & Cornipetitor Research • Commuinication &: Storytelling • Creative Team, I eaclership • Customer Engagement Optimization Ch,lef Creative Officer 20,110 .2022. Culture Climax -A Creative Agency Fooncied ("uhure Cliniox to helps smoflbushiosses growthrough branding development andcreative, morAefing, as improved brand awareness and helped cheints connect with potential custorners by developing creative communityoutreach canipaigns and advocated brand on r'nultiple social media c hannels • Cultivated community and connection withsponsored events • Inueased sales and custonwr engagen'ient for 30,-a chents by developing g[ owth strate&s and creating uptirnized social rnedia designs and content • Strean-ilincd all facets of operifloins, of ever)ts, marketing carnpaigns and Launch Of over 50 busiriesses • Ensured the s0'ategic vision of agencies and 40+ clients were in line with the brand development and content creation, indluding graphlic, desrgn, filhning, and photography Community Manager 2019-2020 OpenExO - Global Transformation Ecosystern & Marketplace * Increased efficiency by autornating community oribuarding process, einail marketing and sales fUnnels utiibzing HubSpot * Spearheaded engagernent campaigns, ordine partnerships, vMue generation and growth, strategies to heip build and inianage a 50001 mernbei comnumity * Coordinated ri,per 'sawn and virtual evflits on a weekly and monthly basis for 100+ people * Managed and led Oper'atjoln$ fC ',' live Certification programs, inchi&ig doveiop processes, research and inilAecent tools, strearinfine onboarding, manage logistics, content and CoIllaterall Marketing Director 20,17 - 20,19 ExO Works - Digital Transformation Consultancy, Pioneei,ed the innovation of creative marketing canipaigris, N andkig, and content creation that led to 24% im, rease in sales and boosted revenue generation ■ Oversaw marketing operations and optirnized KPIS for partnerships with Accenture and Hoit Business School Documented and supported outcomes of ExO innovation sprint for Fortune 500 Ccrnpank-,s Contributed to the ExponentiM Tr insforirnitioin book, and launched campaigns and events for hook promotion Oversaw, organiza d arld shaped company image by implementing processes dor corriparly, offerings, press and partnersllips Booking Manager 2015-2017 ExCr Speakers - Speakers Burreau for Digital Transformation, Speakers • Spearheaded con tracts, booking, marketing and traveI for high profile keynote speaker s and ulthors, • Coordinated contracts for 15-1 global speaking engagernents peir inionti"i • Managed client correspondence and trained and oversaw 2 eirnployees • Negotiated cw&acts fw spealking E�ngagernentq, increasing rev"'lue by 30% 1687 1688 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 1689 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 1690 Sitanizioniei, From: It Clerk Sent: wednesday, AprH 19, 2023 5:20 P'M To: Stanzione, Tamniy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Attachments: Ali-Loper esto,-Resuinie-2023,docx From., arn19889! <i,ioreply@123fort,nbLlildei,,cotn> Sent-, Wednesday, Aprd 19, 2023 4:45 PM To. City Clerk <CityClerk@bbf1.us> Subject: Advisory Board Appointment applicatlon Today's date 04/19/2023 Name, Alexandria Lopesto phone number 561-704-1718 Address 578 SW' Stew Av Boynton Beach Florida 3343S, United States Email PM yAh 00 99 -r -n Current occupation or, if retired, prior Medical Sales Representative occupation Education Florida International University Are you a registered Yes voter?' Do you: reside within the Boynton Beach Yes City limits? Do you own/manage a business within City N,o limits? If "Yes"', name of business - Are you currently serving on a City No boa,rd? Haveyou, , served on a City board in; the No past? if ""Yes""', which, board(s) and when? I 1691 Have you ever been No convicted of a crime? If "yes", when aindl where? Advisory Board Planning Development Board 'f appointed by the City Commission to q.e,rve as Board Chair ir Vice Chalir are you YqE willing toserve in t'hiis capacity? Personal I am 32 years old and have lived in Boynton Beach my whole fife. I love this city and am amazed Qualifications by how much it has grown and changed over the years. i am always looking to get involved in the community and think this would be a great opportunity for me. Il currently volunteer for some other local charities and scholarship committees. I am very interested in the new development of our city and the opportunity for these projects to benefit our residents. I enjoy riding my bike to Downtown Boynton, Beach and also taking part in the Iholiday festivities. I currently live in Chapel Hill and love how rnuch the downtown area has evolved and would love to be a part of the future of Boynton Beach, Professional Memberships Feell free to attach/upload an hup -qd47551f(,),5b28d7ed35a6cO9d7'1'74722 extra sheet or LeW� resume., Certification 1, the applilcant, hereby certify that the staterrients and answers provided herein are true and accurate, I understand that, if appointed, any false staternents may be cauise for removal from a hoard. The niessage has been sent from 75,30.229.208 (United States) at 2023-04-19 15A4:33 on Safari 14.0 Entry ID: 624 Referrer � tq bea .21111-_cg_nIjrnittees Form Host; h a rd a poLiLLtq3Di�� 1?1 i n �Yornnbufliderx f 1692 Stanzione, Tammy From: leshag-OU ncitreell <nloi,eply@123�fon'i-nl)uilder,coi-n> Sent: Wednesday, March 29,2023 2A2 PM To': City Clerk Subject- Advisory BoardAppointrnent appkation Today's, date 03/29/2023 Name Leshai Roundtree Phone n!uim,ber Address 805 NE 2nd Ct, Boynton Beach FL 33435 Netherlands Emall lesharoundltree,ll@lgtaill.co,ii-i Current occupation or, if Edcatoir retired, �pri�o�r oc!cuipatio�n Education pMaster Degree Do you reside within the Yes BoBeach City firnits? If "yes,"', name of business: L Enterpin'ses Are you currently serving on a No City board? Have you served on a: City Yes board in the past? If "yu s", which board(s) and Education Advis:o:ry Board wheu ni? Library Adviscry Community Relations Parks aind Recreation Have you ever been convicted No #4 a crime? if "yes,"', when and where?' If appointeid by the City Commission to serve as Board Chair or Vice Chair are you Planning & Development Board 1693 I W.M*T1qMM'W extra sheet or resume., Certification 1, the applicant, hereby certify that the statements and answers provided herein are trio e and' acclu rate. 11 Understand that, if appointed, any false state mints ma:ly be carse for removal from a board. The message has been sent frorn 127.0.0.1 (Nethedairids) at 2023,03-29 13,:42:11 on Chrome 11 .0.0,0 Entry ID: 61.1 ReferrerI .2 MI Form Host: !LqL)s1�1LoLrn.,123f ornibuflder.gm 3 32.j a _vjs_o[yLcqr_ :ApRL a ( au _ 1694 From: City Clerk S,en t Friday, March 03, 20,23 1213 PM To: Staern zform e, Tammy; De JeSUIS, Haylee Subject: FW Advisory Board Appointment applicafion From: n,ick "-tunno <riorply@123formbtjilder.coni> Sent!. Fridlay, March 3, 2023 11:45 AM To: it Clerk <0tyClerk@bbfLu:s> Subject- Advisory Board Appoiritrnent application Today's clato /03/2023 Name Nicholas TUnno Phone number 561-862-7240 Address 4 Nottingharn PI Boynton Beach City limits? Bo,yntoin, Beach FL 33426 Do you olwin/imaniage, a business United States Email Li �k k Lu o 6�y 1 jjg () c o 13 �� !_ _.a_ L Current occu �pation or, if I Sales Manager revired, Prior occupation Education Bachelors Are you a registered voter? Y'e,s Do you residewithin, the Yes Boynton Beach City limits? Do you olwin/imaniage, a business within City limits? No if "yes", name of business - Are you! clurrentl:y serving on a No City board? Have you served on a City No, board iin the past? If "Yes,"', which board (s) and whein? Rave you ever been convictied No, of a crimie? if "yes", when, and where? Advisory Board Planning & Development Board 1695 If appointed by the City Commission to serve as Board yes Chair or Vice Chair are you willing to, serve in this capacity? personal Qualifications Hello. I have been a board member of SIARM PaIrn Beach County for many years working closely with businesses, and business professionals in OUr con'-irnunity. I'mi very passionate about serv'ing oin boards that allow me to rnake an impact in my local cornniunity. I'ni seeking a new challenge and arn confident 1 can rnake a real impact in hat vier role t take, I also serve as a sales manager for a large hisurance consulting firm. I nianage 13 offices and over 50 professionals. 1'rn a great coach and mentor in this capacity, professional Memberships SHRM Palm Beach County Board of Director, Surru'rier Search Norr Profit Junior Board mernber. Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are. true and accurate. 11 understand that, if appointed, any false statements may be cause for rernoval born a board, The message has been sent froini 731,106,23 (United States) at 2023-013 03 DA5:00 on Chronle 110,0, 0.0 Entry 0: 602 Forum H�ost: htjps,:J oj,..jL23formbudder.cp[ji j 3L dvis'qMj�d j - o t , ent-:,4—atLj®r1 _ rn P 1696 From: City Clerk Sent: Thursday, February 23, 20,23 229 PM To: Stanzione, Tammy; De Jesus, Maylee Subject: FM Advisory Board Appointment application From, beveridge,n,sarah <noreply@123fornibtiilder.corii> Sent: Thursday, February 23, 20, 23 2:44 PM T : City Clerk <CityClerk@bbfl1.us> Subject. Advisory Board Appointment application Today's date 02/23/2023 Name Sarah Beveridige Phone number Address 3681 WOLF RUN LN BOYNTON BEACH FL 33435 Ulnited States Email Current occupation or, If Stay at home mother, previOUSly a teacher retired,, prior occupation Education Bachelors Do you reside witIII w hin the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? Are you currently serving on a No City board? Have you served on a City No board in the past? J0 i ic"Nioardis) and whien? Have you ever been convicted No of a crime? if "yes", when and where? Advisory Board Recreation & Parks Board 0 1697 1698 If appointed by the City Commission to serve as Board, No Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As, a another and a previous educator I feel I have a connection to what is needed in our community. Feel free to attach/lupilloadi an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers, provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board, The messige has been sent from 73.2�04,57,247 (United States) at 20,23-02-23 M44:19 on Chrome 110.0,5481.83 Entry ID,: 595 Referrer bIAL)sJ:jAApyLi Lrjq:t PacL�LrE/ MLnj:�Pp Form Host: r4-g1mgLq ' -!j ation 1699 1700 From: camgeoff <noreply@123fornibuild:ler.cory)> Sent: Tuesday, March 28, 2023 11:1 ' AM To,: City Clerk Subject: Advisory Board Appointment application Today's date 03/28/2023 Name Geoff Campbell Phone number 864-320-6712 Address 221 SE 5th Ave. Apt. B Boynton each Florida 33435 United States Email, camgeoff@gmaii,com Current occupation or, if Landscape Architect retired, prior occupation Education Bachelors Are you a registered voter? Yes Do you reside, within the Yes Boynton Beaich City limits? Do you own/mianage a business No within City limi�ts? If "Yes", name of business- KEITH Are you currently serving on a Yes City boa;rid? Have you served on a City Yes board 'in the past? if "'Yes", which board(s) and Recreation and Parks when? DZINEEMEMMM Advisory Board Recreation & Parks Boare if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you wil Ii ng to serve in thl s capacity? Personal Qualifications Practicing landscape Architect well versed in site and park design,, maintenance and construction. Lifelong athlete, former Boynton Beach Tennis League participant, 0 1701 I'll 11 11 1 1A extra sihieeit or resume., Certification 1, the applicant, hereby certify that the stat eren ents and answers provided herein are true and accurate. I understand that, if a,pppint ed, any false stat ernents rnay be cause for removal from a board. The message has been sent from 64-152.141,146 (Unfted States) it 2023-03-28 10:11:39 on Chrome 111.0.0.0 Entry D 10 Refpirrer Form Host: hq —f gr LB� 2 L4 _p ��.j Aqvi jL(ja[d�,UL)qLinqnent- p,�C I —2 ory 1702 Stanzione, Tammy From: City Clerk Sent: Wednesday, March 01, 2023 2:05 PM To: Stanzione, Tarnmy, De Jesus, Mia lee Subject: FW: Advisory Board Appointment application Sent: Wedinesday, March 1, 2023 1:31 PM To: City Clerk <CityClerk@bbfLus> I SubAdvisory Board! Appointment application Today's date 03/011/2023 Name Julie Mondello Phone number 561-346-,9466 Address 122 Lancaster Road Boynton IBeach FL 33426 United States EmailLtLh-ejri—Le-Le1(o-2yALnr-qpnn Current occupation or, If Technology Project Mianager retired, prior occupation Education, MBA Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/mainage a business within, City limit's? if "yes", name of business, Are you currently serving on a Yes City board? Have you served) on a City Yes, board in the past? if "yes"', which board(s) and I have been serving on the Recreation and Parks, board for the last 10 years or so. when? Have you ever been convicted No Bmf a crime? if "yes,"', when and where? Advisory Board Recreation & Parks Board t. 1703 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I have a daughter in high school and she ha grown up going to parks, park events and city of Boynton Beach event. Are parks are beautiful and important to childen's lives, important to everyone's lives especially since the paniclemic, I am, currently the chair of I the board and I think all of or board members are doing a great job. Professional M" emberships Project Management Professional' (PMP) Six Sigma Green Belt Feel free to attach/upload an extra sheet or resume. Certification, 1, the applicant, hereby certify that the staternents and answers, provided herein are true and: accurate. 11 understand that, if appointed, any false statements may be cause for rernoval from a board. The message has been sent from 73,46,25.173 (Un:ited States) at 2023,-03-01 13:31:06 on Chrome 108-01.0.0 Entry ID: 599 Deferrer Form Most: 3214 adv oard-a: p9intn L, p gj&� --m—(MAA 1704 Havei you serve on a City board ini thie 'Yes past? If "'Yes", whiich Youth and Education and Recreation and Parks Boards board(s) aind when? ull If "yes",'when and where? Advisory Board Recreation & Parks Board If appointed by the City Commission to serve as BoardChair Yes or Vice Chia! r are you willing to serve ini thiis Capacity? Personal I am presently serving oin this board ,Qualifications Professional Member of Kappa Alpha Psi Memberships Feel free to attach/uptoad an 11!.Vs: orm. 23forrnbuil co t�4�a 911 & 2�9,ta i� �a j.1---a.....--1..-1--M1e1 I �oa d _�J-Il�d, L �Oi&bfLZt5,L63 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand t�hait, if appointed, any failse staternents may be cause for removal from a board. The message has been sent from 131,91.7.200 (United States) at 2023-02-28 12:1034 on Chrome 110.0,0.0 Entry ID: 596 Referrer IIt Form Host:.h j1,2 j�gAjjgn ......... . ....... . ... . .... --gn— RP 1705 Stanizione, Tammy To: City Clerk Subject: RE: Advisory Board Appointment application From: City Clerk <CityClerk@bbfl�.us> Sent: Tuesday, February 28, 2023, 1218 PM To: Stanzione Tarnmt<Stanzion T'- bblif Sent: Tuesday, February 28i, 2023 12:11 PM To: City Clerk <Qy us> Today's date 02/28/2023 Name, Franido Patterson Phone number Address I I I I RWIVIII United States Current occupation or, if retired, prior Director of Testing and Certification occupation Education Master Degree Are your a registered Yes voter? Do you reside withiin, the Boynton Beach Yes City limits? Do you own/miainage a business within City No linnits? if "yes,', name of business: Are you currently serving on a City Yes boardl? 1706 Frando LPattemon, Boynton Beach, Fl, 33,426 Objective: A visionary and proactive individual who is seeking a position where my skills, abilities, and experience will benefit tile organizations goals and objectives. Education: Golden Gate Un&ersitj, San Francisco, CA Master of Science Hunian Resources Educational emphasis Personnel Management ;lune 1991 TennevseeState Universitji Nashville, TN Master of Education Curriculum and Instruction Educational emphasis Business Education (.',onipleted 33, hour toward teaching certification Tennessee State Universil Y Bachelor of Business Admin Educational emphasis Marketing CCA F Associated Degree Nashville, TN May1983 Maxwell AFB Education and 'I"raining Management Work llistot%y: Florida Atlantic Universitj, Boca Raton, FL Director of Testing and Certification Dec 2007 to tile Present Director of Testing Preparation Responsibilities - Department manager for all activities in the center which includes overseeing Budget, Revenue and Expenses, Additional responsibilities include employee relations (personnel policies, ernPloyment, hiring and staff development) and marketing of tile services offered by the departnient. Point of contact torr all academic and professional test administration, record keeping and scheduling of pencil and paper tests, computer-based tests, and internet- based tests (national, state, local), Test center manager for PROM TRIC APTC, PEARSON VUE, PS] centers, Priniary manager for administer functions for the test Prep departnient. lZellresent the department or the university at various functions or committees, as needed. 1707 Tennessee State 0,tiversity Nashville, TN Testing Supervisor Jail 4993 to Nov 2007 Respons ibili ties - Supervised and administer cornputer-based and paper and pencil exams, These exams included GRE, MAT, CASTLEWORLD, CLEP, PSI, GED ACC LP PLACER, MCATand Praxis series test. Supervised and trained graduate assistants and contractual test proctors on administering test for the department. Advise university personnel, students, and the public on testing requirements. Military History: Air Force Reserve Marietta, (jA a 4"' Wing'Training Manager Jan 2013 to June 2015 45"' Aerospace Evacuation Squadron June 2015 to Jan 2017 Wing Training Manager/ Unit'Irraining Manager Responsibilities,- -Worked as the OPR for training programs for units serviced by tine l'orce Support Squadron, In my capacity as a Wing Training Manager, I ensured programs were in place to inanage upgrade, qualification, in-ganison, and ancillary training, Irriplenient and manage training prograrris, policies, and procedures as directed by higher headquarter, Review and coordinate wing and unit -level training publications, supplements, and operating instructions, and provide reconimendations to the appropriate OPRs. Tennessee Air National Guard Nashville, T N T'rai ni ng Manager 11, 8"' AES July 1 91 to Jan 2013 Resl.)onsihifities- Advise the Unit Commander oil all training issues Develops, delivers, and evaluates education and trairring progranis Apply instructional system development process for job standards Advise Air National C.,suard 4NO CFM oil training issues Advise niernbers as 'school dates using'FEAM Award members skill level using Milpds Advise AN Readiness ("enter concerning training issues Super -User for tile ANCi Medical Communities for AFTR Senior Instructor tarn tile Express Train Class (Class for newly appointed) U l, M and units that are 12 months out from a HSI) Instructor for Supervisor Involvement Course ANG Field Rep for AI TR United State Air Force July1987 to July 1199 Computer Skills: MicrosofiWords, PowerPoint, Excel, Banner and Access Organization: Member ATP-NCTA ORP Standard workgroup Rel'erence: Available on Request 1708 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR This Assignment Agreement ("Agreement") to RFP # 074-2821-15/KTR (the "Contract") is entered into by Bi112Pay, LLC ("Assignor"); Catalis Payments, LLC, a Georgia Corporation ("Assignee"); and the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida ("City"). Assignor, Assignee, and City are collectively referred to herein as the "Parties." Recitals WHEREAS, the Assignor entered into the Contract with the City on August 1, 2016 and a First Amendment to the Contract on September 13, 2017; and, WHEREAS, the Assignor now wishes to assign all its rights and obligations under the Contract to Assignee; and, WHEREAS, the "ASSIGNMENT" section Article 16 in the Contract between the City of Boynton Beach and Bi112Pay, LLC requires express written consent of the City to assign this Contract; and, WHEREAS, the Assignee represents that it can assume and fully perform the Assignor duties under the Contract. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Contract shall be amended as follows: 1. The above recitals are hereby incorporated into this Agreement. 2. The Assignee accepts and agrees to be bound by and fully perform all of Assignor's Contract obligations, duties, and responsibilities, and to abide by all terms and conditions specified in the Contract in the name of Assignor. 3. The Assignee agrees to assume all obligations and liabilities of, and all claims against, the Assignor under the Contract as if the Assignee was the original party to the Contract. 4. The Assignor waives all rights under the Contract as of the effective date of this Agreement. 5. The Parties agree that this Agreement operates as an assignment of the Contract, establishing a new contractual relationship entered into by and between the City and Assignee. 6. The City consents to the assignment. The City, in executing its consent to this Agreement, does not release Assignor from any claims or remedies it may have against Assignor arising prior to the effective date of the assignment of the Contract. 7. The Assignee, by this Agreement, becomes entitled to all rights, titles, and interests of the Assignor in and to the Contract as if the Assignee were the original party to the Contract. 8. The effective date of this Agreement shall be the date of the final signature to this Agreement. {00564857.1 306-90018211 Page 1 of 3 1709 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR 9. This Agreement is hereby made a part of this Contract. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect. 10. This Agreement sets forth the understanding between the Parties regarding the subject matter hereof. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective Party. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 12. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. Facsimile and pdf signatures shall be considered to be originals. {00564857.1 306-90018211 [Signature page to follow] Page 2 of 3 1710 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. City: City of Boynton Beach Assignor: Bill2Pay, LLC ---DocuSigned by: By: By: sfwt. Nwff Name: Daniel Dugger Name: Steve Ostroff Title: City Manager Title: EVP of Payments Date: Date: 6/27/2023 {00564857.1 306-90018211 Assignee: tdl Xdgyment, LLC III 11119UbtEU4t4— Name: Steve Ostroff Title: EVP of Payments Date: 6/27/2023 Page 3 of 3 1711 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR This Assignment Agreement ("Agreement") to RFP # 074-2821-15/KTR (the "Contract") is entered into by Bi112Pay, LLC ("Assignor"); Catalis Payments, LLC, a Georgia Corporation ("Assignee"); and the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida ("City"). Assignor, Assignee, and City are collectively referred to herein as the "Parties." Recitals WHEREAS, the Assignor entered into the Contract with the City on August 1, 2016 and a First Amendment to the Contract on September 13, 2017; and, WHEREAS, the Assignor now wishes to assign all its rights and obligations under the Contract to Assignee; and, WHEREAS, the "ASSIGNMENT" section Article 16 in the Contract between the City of Boynton Beach and Bi112Pay, LLC requires express written consent of the City to assign this Contract; and, WHEREAS, the Assignee represents that it can assume and fully perform the Assignor duties under the Contract. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Contract shall be amended as follows: 1. The above recitals are hereby incorporated into this Agreement. 2. The Assignee accepts and agrees to be bound by and fully perform all of Assignor's Contract obligations, duties, and responsibilities, and to abide by all terms and conditions specified in the Contract in the name of Assignor. 3. The Assignee agrees to assume all obligations and liabilities of, and all claims against, the Assignor under the Contract as if the Assignee was the original party to the Contract. 4. The Assignor waives all rights under the Contract as of the effective date of this Agreement. 5. The Parties agree that this Agreement operates as an assignment of the Contract, establishing a new contractual relationship entered into by and between the City and Assignee. 6. The City consents to the assignment. The City, in executing its consent to this Agreement, does not release Assignor from any claims or remedies it may have against Assignor arising prior to the effective date of the assignment of the Contract. 7. The Assignee, by this Agreement, becomes entitled to all rights, titles, and interests of the Assignor in and to the Contract as if the Assignee were the original party to the Contract. 8. The effective date of this Agreement shall be the date of the final signature to this Agreement. {00564857.1 306-90018211 Page 1 of 3 1712 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR 9. This Agreement is hereby made a part of this Contract. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect. 10. This Agreement sets forth the understanding between the Parties regarding the subject matter hereof. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective Party. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 12. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. Facsimile and pdf signatures shall be considered to be originals. {00564857.1 306-90018211 [Signature page to follow] Page 2 of 3 1713 DocuSign Envelope ID: OAD74C57-213F-4306-9A89-22B55488B7F8 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Proposal — Bill Printing, Mailing, Electronic Bill Presentment and Payment Processing RFP # 074-2821-15/KTR IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. City: City of Boynton Beach Assignor: Bill2Pay, LLC ---DocuSigned by: By: By: sfwt. Nwff Name: Daniel Dugger Name: Steve Ostroff Title: City Manager Title: EVP of Payments Date: Date: 6/27/2023 {00564857.1 306-90018211 Assignee: tdl Xdgyment, LLC III 11119UbtEU4t4— Name: Steve Ostroff Title: EVP of Payments Date: 6/27/2023 Page 3 of 3 1714