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Agenda 01-17-17The City of Boynton Beach City Commission Agenda Tuesday, January 17, 2017, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Mack McCray (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 733 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, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2 of 733 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation by Presentation of Flags by Boynton Beach High School ROTC Pledge of Allegiance to the Flag led by Commissioner Romelus Comments by Fred Barch, Principal of Boynton Beach Community High School. ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce Farm Share Free Food Distribution in partnership with State Representative Lori Berman and City of Boynton Beach Commissioner Joe Casello on Saturday, January 28, 2017 from 9am - 12pm at St John's Missionary Baptist Church. B. Announcement by Recreation & Parks Director Wally Majors about the Football Field Scoreboard Ceremony at Hester Park, which will be at the football field on Saturday, January 21, beginning at 4:00 p.m.. C. The International Kinetic Art Exhibit and Symposium, February 3-5, 2017 in the Cultural District of east Boynton Beach. Friday, February 3rd - Opening Reception 6-8pm, this is by invitation only. Saturday, February 4th - 9 am - 6 pm Sunday, February 5th - 10 am - 6 pm D. Proclaim Tuesday, February 7, 2017 as Robert E. Wells Day. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings Page 3 of 733 exist: Arts Commission: 2 Regs and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Library Bd: 2 Regs and 2 Alts Senior Advisory Bd: 3 Regs and 2 Alts 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-005 - Authorize the City Manager to sign an Interlocal Agreement between the Northern Palm Beach County Improvement District and the City of Boynton Beach for the City's stormwater National Pollutant Discharge Elimination System (NPDES) Fourth Cycle Permit. B. PROPOSED RESOLUTION NO. R17-006 - Authorize the City Manager to sign a Lease and Easement Agreement with Florida Power & Light (FPL) to enable installation of a Solar Tree at Boynton Beach Oceanfront Park. C. PROPOSED RESOLUTION NO. R17-007 - Authorize the City Manager to execute all documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant that was awarded to the City for the purchase and installation of a multi-purpose, accessible playground at Barrier Free Park and other related improvements, accept the grant and execute the Grant Agreement subject to the approval of the City Attorney. D. PROPOSED RESOLUTION NO. R17-008 - Approve and authorize the City Manager to sign an Agreement for Water Service outside the City limits with James M Colby and Sherry A Colby for the property at 1101 Peak Road, Lantana, FL 33462. E. PROPOSED RESOLUTION NO. R17-009 - Approve and authorize the City Manager to sign an Agreement for Water Service outside of the City limits with Angela Edythe Erb and Ross A Caranci for the property at 7089 Lawrence Road, Boynton Beach, FL 33436. F. PROPOSED RESOLUTION NO. R17-010 - Approve and authorize the City Manager to sign an Agreement with Florida Atlantic University Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University of Boca Raton, FL to review and update the City's Strategic Plan in the amount of $16,297. G. Approve the list of top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Professional Survey and Mapping Services"; RFQ No. 067-2821-16/TP and authorize City Staff to conduct negotiations for compensation with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiation Act (CCNA). H. Approve the list of top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured -In -Place Pipe (CIPP) Lining, RFQ No. 057-2821-16/TP, as pre -qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured -In -Place Pipe Lining. I. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for January 17, 2017 - "Request for Extensions and/or Piggybacks". J. Accept the written report to the Commission for purchases over $10,000 for the month of December 2016. K. Approve the minutes from the Regular City Commission meeting held on January 3, 2017. Page 4 of 733 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R17-011 - Authorize utilizing National Intergovernmental Purchasing Alliance (Nati IPA) contract #151089 "Body Worn Cameras and Storage System" and authorize the City Manager to sign a Master Services and Purchasing Agreement and any related documents to purchase body worn cameras and a five (5) year subscription with Evidence.com for the storage of all video related to the body worn cameras, subject to the City Attorney's review and approval. The National IPA contract was competitively bid by the City of Tuscon, AZ and satisfies the City's competitive bid requirements. Requesting Commission approval to utilize $49,737.92 for the cost of the cameras (including shipping) from the Federal Forfeiture Law Enforcement Trust Fund. The five (5) year subscription of Evidence.com for unlimited storage cost is $512,046 to be paid from the departmental budget. B. Approve a one-year renewal for the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) Bid No. 025-2821-15/JMA to Brenntag Mid -South Inc. of Orlando, FL with a $45.00 per ton increase from $498 per ton to $543 per ton. This product will be ordered on an "As Needed" basis for the estimated annual expenditure of $150,000. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 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. 10. CITY MANAGER'S REPORT A. Discuss and approve the City of Boynton Beach Legislative Priority List for the 2017 State of Florida Legislative Session - Mat Forrest 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R17-012 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of a Community Standards Outreach Coordinator for FY 16/17 for an amount not to exceed $134,000. B. Accept the ranking of the proposers as determined by the Evaluation Committee for the Request for Qualifications for Town Square Redevelopment, RFQ No. 004-1210-17/JMA. The Committee also recommends that the Commission request the three (3) top ranked submittals be moved onto Part II of the process. C. Discussion of Denson Pool Hours of Operation. Vice Mayor McCray requested this discussion item be placed on the agenda. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-001 - SECOND READING -Approve Riverwalk Future Land Use Map amendment (LUAR 16-003) from Local Retail Commercial (LRC) to Mixed Use Core (MX - C). Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk, LLC, property owner. B. PROPOSED ORDINANCE NO. 17-002 - SECOND READING - Approve Riverwalk Rezoning (LUAR 16-003) from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments, 51,220 square feet of commercial space, public waterfront promenade, and related site improvements on 9.78 acres. Agent: Steven S. Wherry of Greenspoon Page 5 of 733 Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. C. Approve request for Riverwalk Plaza (CDPA 16-002) Community Design Plan Appeal of Chapter 2, Article III, Section 4.13.3, "Build -to -line", requiring buildings along Woolbright Road to be constructed within a build -to -line of 0 to 15 feet to allow a setback of 139 feet. Applicant: Shaul Rikman, Isram Riverwalk, LLC. (TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING APPLICATION ITEMS). D. Approve request for Riverwalk Plaza (HTEX 16-002) Height Exception to allow the stair towers and decorative architectural features of the Riverwalk Plaza mixed use project to be constructed at 105 feet, 5 feet above the maximum allowable height of 100 feet in the MU -4 (Mixed Use -4) zoning district. Applicant: Shaul Rikman, Isram Riverwalk, LLC . (TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION IS TO BE TAKEN ON THE CORRESPONDING APPLICATION FOR LAND USEAMENDMENT AND REZONING) E. Approve request for Riverwalk Plaza Major Site Plan Modification (MSPM 16-002) for 326 multifamily units (rental apartments), 51,220 square feet of commercial space, public waterfront promenade and related site improvements on a 9.78 -acre parcel located at the southeast corner of South Federal Highway and Woolbright Road. Applicant: Shaul Rikman, Isram Riverwalk, LLC. ( TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REQUESTS FOR LAND USE AMENDMENT AND REZONING) F. PROPOSED ORDINANCE NO. 16-025 - SECOND READING - Adoption of an Ordinance establishing a Moratorium for a period from December 6, 2016, to June 4, 2017 regarding group homes. G. PROPOSED ORDINANCE NO. 17-003 - SECOND READING -Approve Ordinance prohibiting "Conversion Therapy". H. PROPOSED ORDINANCE NO. 17-004 - FIRST READING - First Reading. Approval of ordinance limiting future cemetery use to City residents. 14. FUTURE AGENDA ITEMS A. Consider adopting a Chronic Nuisance Ordinance - February 2017. B. Pursuant to Section 286.011(8), Florida Statutes, the City has scheduled a private attorney-client session to discuss pending litigation - February 7, 2017, 6:OOpm. C. The Commission meeting on Tuesday, March 7, 2017 has been rescheduled to Monday, March 6, 2017 at 6:30p.m. in the Commission Chambers due to members of the Commission travelling to Tallahassee on March 7, 2017. D. Joint City Commission/CRA Workshop for six month update on 2016 strategic plan at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017. E. Monthly Departmental Presentations: Library - February 2017 Communications/Marketing - March 2017 F. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. - February 7, 2017. G. Discuss the creation of a citizen oversight committee as provided by Palm Beach County ordinance and Interlocal agreement- February 7, 2017. H. Discuss cancelling the July 4th City Commission meeting - 2/7/17 15. ADJOURNMENT Page 6 of 733 NOTICE 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTWITY 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 ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1T1ONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THECITY'S WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 7 of 733 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant Invocation by Presentation of Flags by Boynton Beach High School ROTC Pledge of Allegiance to the Flag led by Commissioner Romelus Comments by Fred Barch, Principal of Boynton Beach Community High School. ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: 1.A. OPENING ITEMS 1/17/2017 Page 8 of 733 REVIEWERS: Department City Clerk Reviewer NAMUM Action Approved Date 12/20/2016 ® 1:30 PM Page 9 of 733 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk 2.A. OTHER 1/17/2017 Reviewer Action Date Pyle, Judith Approved 10/19/2016 ® 3:06 HM Page 10 of 733 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Announce Farm Share Free Food Distribution in partnership with State Representative Lori Berman and City of Boynton Beach Commissioner Joe Casello on Saturday, January 28, 2017 from 9am - 12pm at St John's Missionary Baptist Church. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Farm Share Flyer REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 12/28/2016 - 9:43 AM Finance Howard, Tim Approved 12/28/2016 - 9:43 AM City Manager LaVerriere, Lori Approved 12/28/2016 - 11:10 AM Page 11 of 733 WHEN: i i i OVI DINGi is _. _. _... _... .. .. _ --- D . _ D AVAILABLE ON ,A FIRST COME, FIRST SERVE BASIS. 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors about the Football Field Scoreboard Ceremony at Hester Park, which will be at the football field on Saturday, January 21, beginning at 4:00 p.m.. EXPLANATION OF REQUEST: The new scoreboard was recently installed. To help celebrate this occasion, the Recreation & Parks Department is hosting this event at the Tommy Williams Football Field at the Bill Tome Sports Complex at Hester Park. Activities will include performances by the Boynton Beach High School Marching Band and a Drum Line Performance by Inlet Grove Community High School. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will bring positive attention to the a very popular City park. FISCAL IMPACT: Non -budgeted Less than $200, which the Department will fund. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Recreation & Parks Finance City Manager Reviewer Action Date Majors, Wally Approved 1/4/2017 - 10:53 AM Howard, Tim Approved 1/4/2017 - 11:10 AM LaVerriere, Lori Approved 1/10/2017 - 3:36 AM Page 13 of 733 REQUESTED ACTION BY COMMISSION: The International Kinetic Art Exhibit and Symposium, February 3-5, 2017 in the Cultural District of east Boynton Beach. Friday, February 3rd - Opening Reception 6-8pm, this is by invitation only. Saturday, February 4th - 9 am - 6 pm Sunday, February 5th - 10 am - 6 pm EXPLANATION OF REQUEST. The Kinetic Art Event is a FREE biennial event in Boynton Beach, FL. Art and technology collide to create kinetic art, which is fine art powered by solar, wind, light, sound,robotics, water, gravity and other elements. This one -of -a -kind visual art event includes more than 75 kinetic artworks, interactive installations, community projects, meet -and -greets with kinetic artists and a lecture series. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? It supports the Public Art Master Strategic Plan delvering a unique International event to brand the City and the vision for the Art in Public Places program by connecting the cultural environment in Boynton Beach with the global community. FISCAL IMPACT. Budgeted Event is budgeted and funded by contributions from private developers, businesses, organizations, the City and CRA. ALTERNATIVES: Not hear the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 14 of 733 REVIEWERS: Department Public Arts Finance City Manager Reviewer Coles-Dobay, Debby Howard, Tim LaVerriere, Lori ffub�� Date 1/5/2017 ® 10:39 AM 1/5/2017 ® 11:57 AM 1/10/2017 ® 8:40 AM Page 15 of 733 February 3-5. 2017 INTERNATIONAL KINETIC ART EXHIBIT and SYMPOSIUM BOYNTON BEACH, FLORIDA ART IN MOTION 5 5 1�11111 1P, '7' 1�11111 i"'11,1111 li"I""ll" 1� Outdoor Kinetic Exhibit FEBRUARY 3rd, 6-8pm Opening Reception ti ` }it S t Ili s u) �� } (y�) std �IS t�,I �a k?� � i�l v � J( ti �1 �.� �. { a�� ri4i�ai S � tl J�a{ �i St i� }it S �51� �i 3 t t (Y ` tt �� i� P 1 tf �( "} i� �t tis �w� a;� �� ;� a� 1�i >� r� v, � �� t � tE ai �� S ii �� A � i�� d<�tt 3 � Ui<�tt �i to 10hedcArt is created by artists who push the boundaries of traditional, static art forms to introduce visual experiences that are engaging, benefit society and profoundly change our lives. We welcome sponsors, artists and vendors to particpate in the third biennial International Kinetic Art Exhibit and Symposium located in the coastal city of Boynton Beach, Florida, USA. PHIGH rlllll-� IL RIDGE�. 1 9 9 9 Hi hRide Landin com Boynton Beach Boynton-Beach.org :• • Art in Public Places Boynton BeachArts.org CatchBoynton.com For more information visit: {flee wv,,,, III I II K 1iineficAr tEveE s! , rg e 'IIP F t, r p K A O, Sculpture.org Facebook: KineticArtOrganization CoclaWorx.com Compson.com For more information visit: {flee wv,,,, III I II K 1iineficAr tEveE s! , rg e 'IIP F t, r p 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Proclaim Tuesday, February 7, 2017 as Robert E. Wells Day. EXPLANATION OF REQUEST: Robert E. Wells is a significant figure in Boynton's history and deserves this special recognition. Mr. Wells settled in Boynton Beach in 1890 and raised his family in the city. He helped found St. Paul's AME Church, was a petitioner for the provision of the first black/African American school, was a signatory of the document incorporating Boynton as a town, and platted the Robert Wells subdivision in 1925. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Proclamation REVIEWERS: Department Finance Reviewer �41 1111 Description Proclamation Action Approved Date 1/3/2017 ® 1:55 PM Page 18 of 733 Finance Howard, Tim Approved 1/4/2017 ® 8:06 AM City Manager LaVerriere, Lori Approved 1/10/2017 ® 8:22 AM Page 19 of 733 PRO CLA MA TION WHEREAS, Mr. Robert E. Wells, a merchant sailor from Cat Island in the Bahamas, settled in Boynton in 1890 where he and his wife, Elizabeth, raised one son, Harry WHEREAS, in 1892, Robert and Elizabeth Wells helped found St. Paul's African Methodist Episcopal Church. Officially established in 1900, St. Paul's AME is the oldest church in the city. WHEREAS, in 1896, Mr. Wells, and other members of St. Paul's AME, successfully petitioned Dade County School Board to provide a school for Boynton's black/African American children. Originally called "Boynton Colored School", it later became known as "Poinciana Elementary." WHEREAS, On April 14, 1920, Mr. Wells was a signatory of the document incorporating Boynton as a town; however, the land owned by him and the rest of the historic Heart of Boynton was not recognized in the incorporation and was called "Boynton Colored Town." WHEREAS, in 1925, Mr. Wells platted the Robert Wells Subdivision. He built the main thoroughfare in the historic Heart of Boynton called Wells Avenue (now known as Martin Luther King Junior Boulevard) and built a home at number 416. In addition to selling land and building houses, Mr. Wells donated lots to those in need, including St. Paul's AME for the building of a church. In time, Wells Avenue became a thriving downtown area for the black/African American community. Now, therefore, I, Steven B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim February 7, 2017 as Robert E. Wells Day in honor of his contribution to the settlement and development of Boynton Beach. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 17th day of January, 2017. Steven B. Grant, Mayor ATTEST: City Clerk Page 20 of 733 5.A. ADMINISTRATIVE 1/17/2017 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Regs and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Library Bd: 2 Regs and 2 Alts Senior Advisory Bd: 3 Regs and 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Appointments Page 21 of 733 REVIEWERS: Department City Clerk Young Appplication Reviewer Action Date Pyle, Judith Approved 10/19/2016 ® 3:06 PM Page 22 of 733 APPOINTMENTS AND APPLICANTS FOR JANUARY 17, 2017 Arts Commission II McCray Reg 3 yr term to 12/17 III Romelus Reg 3 yr term to12/19 IV Casello Alt 1 yr term to 12/17 Mayor Grant Alt 1 yr term to 12/17 Applicants None Building Board of Adjustments and Appeals IV Casello Reg 3 yr term to 12/19 Mayor Grant Reg 3 yr term to 12/19 1 Katz Alt 1 yr term to 12/17 II McCray Alt 1 yr term to 12/17 Applicants None Library Board 11 McCray Reg 3 yr term to 12/19 III Romelus Reg 3 yr term to 12/19 IV Casellot Alt 1 yr term to 12/17 Mayor Grant Alt 1 yr term to 12/17 Applicants Alt 1 yr term to 12/17 (Tabled 2) None Senior Advisory Board 11 McCray Reg 2 yr term to 12/18 III Romelus Reg 2 yr term to 12/18 IV Casello Reg 2 yr term to 12/18 Mayor Grant Alt 1 yr term to 12/17 (Tabled 2) 1 Katz Alt 1 yr term to 12/17 (Tabled 2) Applicants Andrew Richardson - Currrent Member Jean Young - Current Member Page 23 of 733 Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Namea(C- HZIA26' Gender: -IV Telephone # Address M <_' Other E-mail Address: Phone: Current occupation or prior occupation: [r CX( Ci- 4r' 1 f `Le L,v- Educationd 2 ; I;� • Are you a registered voter? X Yes Nd Do you reside within the Boynton Beach City limits? D< Yes No Do you own/manage a business within the City limits: --,,,—Yes _ Yes No If "yes", name of business Are you currently serving on a City board? ?C Yes No Have you served on a City board in the past? .4W -!L ovA- Yes No If so, which board(s) and when? Have you been .• of If • _Iq CommissionrePlease indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers'Retirementrust •: Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Pension Trust !: Golf Course Advisory Committee 1E Historic Resources Preservatio-i Board S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 24 of 733 r!.77 Are you a registered voter? X Yes Nd Do you reside within the Boynton Beach City limits? D< Yes No Do you own/manage a business within the City limits: --,,,—Yes _ Yes No If "yes", name of business Are you currently serving on a City board? ?C Yes No Have you served on a City board in the past? .4W -!L ovA- Yes No If so, which board(s) and when? Have you been .• of If • _Iq CommissionrePlease indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers'Retirementrust •: Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Pension Trust !: Golf Course Advisory Committee 1E Historic Resources Preservatio-i Board S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 24 of 733 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. My 10 Please list any professional memberships:47 s acc- Ec ICANkp Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, .110 East --—.-.-Boynto_n Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I 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. S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 25 of 733 Advisory Board Appointment Application City of Boynton Beach: Advisory Board Appointment Application Page 1 of 4 Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach,City Clerk's Office,100 E. Boynton Beach Boulevard, P.O. Box 310,Boynton Beach, FL 33435-0310 i Phone: (561) 742-6060 i City Clerk FAX: (561) 742-6090 Today's date Name Gender Phone number Email Current occupation or, if retired, prior occupation Education MM/DD/YYYY v/ Q9" J'7 First EA4 Female O Male Street Address 11(, J37 -H i Street Address Line 2 Last ytj js i�J ��- City j3()yN76N 864CP State F4,. .d- -d States IV 6, 1,5A N /9x rXI/,; co M Yes o No https://www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Pacq�5?,q)yfj 733 Advisory Board Appointment Application Are you a registered voter? Do you reside Yes o No within the Boynton Beach City limits? Do you 0 Yes No own/manage a business within City limits? If "yes", name of business: Are you currently 0 Yes O No serving on a City board? Have you served on 0 Yes a No a City board in the past? If "yes", which board(s) and when? Characters left: 300/300 Have you ever been O Yes # No convicted of a crime? If "yes", when and where? Characters left: 256/300 Advisory Board lease select.. Please indicate which advisory board you are seeking appointment. Page 2 of 4 https://www.123contactform.com/form-583214/Advisory-Board-Appointment-Application PaW5UO fj733 Advisory Board Appointment Application Page 3 of 4 For board listing, requirements, responsibilities and meeting times and dates, please visit Advisory Boards web pages. Personal Qualifications ca What personal qualifications do you 9 possess (i.e., profession, previous experience, branch military W % �/� Q / �A Q Z Y!'V service or organization) which you 1 � v feel would make you a good candidate for this board? Please be /1 /� dr �/ 1 � specific. /" I7 r! C /� / s Het e (6� (.tJ iu R v r R /U 59, D 6 0. Characters left: 665/700 Professional Memberships Please list any professional memberships. https://www.123contactfonn.com/form-583214/Advisory-Board-Appointment-Application Papp ;Npj 733 Advisory Board Appointment Application Characters left: 700/700 Feel free to Upload attach/upload an extra sheet or resume. Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Page 4 of 4 Certification .m I, the applicant, hereby certify that the statements and answers *Response required provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers 0 provided herein are true and accurate. • • - -111 ME 071 https://www.123contactfonn.com/form-583214/Advisory-Board-Appointment-Application Pag[05�2 Qf7733 CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-005 -Authorize the City Manager to sign an Interlocal Agreement between the Northern Palm Beach County Improvement District and the City of Boynton Beach for the City's stormwater National Pollutant Discharge Elimination System (NPDES) Fourth Cycle Permit. EXPLANATION OF REQUEST: Palm Beach County has a cooperative program involving forty (40) co -permittees, the Florida Department of Environment Protection (FDEP), and the United States Environmental Protection Agency (EPA) to administer annual stormwater NPDES permitting. Northern Palm Beach County Improvement District (NPBCID) acts as the lead permittee for the Palm Beach County group, and the City of Boynton Beach participates as one of the co -permittees. A Steering Committee was formed in 1991 to coordinate and facilitate joint activities within the Palm Beach County MS4 NPDES program. A consulting engineering firm, Mock Roos, Inc., acts as staff to the Steering Committee, assisting with the administration of the program. The Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) is a federal program designed to reduce stormwater pollutant discharges to receiving waters of the United States. In 1987, the EPAwas required under the Clean Water Act to establish final regulations governing stormwater discharge permit application requirements. In 1990, the Federal Register indicated that the Palm Beach County area was to begin compliance with the program. In 1997, the first 5 -year permit was issued to Palm Beach County's forty (40) co -permittees. The second term permit was issued in November 2002, and the third term permit was effective March 2011. The fourth cycle permit was issued by FDEP on September 8, 2016. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Continuation of the City's Interlocal Agreement with NPBCID and participation in the Palm Beach County MS4 NPDES program are vital to the success of our stormwater permitting program. Involvement in the county -wide group offers the benefit of sharing resources and expenses, thus reducing the annual expenditures to each co -permittee. Our participation also includes participation in monthly meetings where upcoming pending regulations and unfunded mandates are discussed. The Steering Committee and Mock Roos act on behalf of all co -permittees to address the technical issues with state and federal regulatory agencies and attempt to lessen the financial impacts to each co -permittee. FISCAL IMPACT. Budgeted Funding is available annually in the Utilities budget. ALTERNATIVES: Due to the complexity of pending stormwater regulations and pending unfunded mandates from state and federal regulatory agencies, staff recommends executing the Interlocal Agreement. There is no other viable alternative at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 30 of 733 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Letter D Interlocal Agreement REVIEWERS: Department Utilities Finance Legal City Manager Description Resolution approving the NPD ES ILA Fourth Cycle Permit Cover Letter I nterlocal Agreement Reviewer Action Groff, Colin Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 1/11/2017 ® 8:05 AM 1/11/2017 ® 8:20 AM 1/11/2017 ® 12:03 PM 1/12/2017 ® 1:28 PM Page 31 of 733 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT (NPDES) FOR THE CITY'S STORMWATER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOURTH CYCLE PERMIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County has a cooperative program involving forty (40) co - Permittees, the Florida Department of Environmental Protection and the United States Environmental Protection Agency to administer annual stormwater NPDES permitting; and WHEREAS, this Interlocal Agreement deals with stormwater discharge permit requirements issued by the Florida Department of Environmental Protection (FDEP), and the countywide coordination of the permit requirements; and WHEREAS, the permit regulates stormwater discharges from the municipalities, special districts, and other agencies in Palm Beach County, and will enable us to continue to coordinate our stormwater activities with other agencies countywide; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into this NPDES Fourth Cycle Permit Interlocal Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\E3C5A270-5BOC-45C7-AF93-FA79F6A2954D\Boynton Beach. 4913.1.NPDES_ILA (Fourth)_-_Reso.doc Page 32 of 733 29 Section 2. The City Manager is hereby authorized and directed to sign an Interlocal 30 Agreement between the City of Boynton Beach, Florida and Northern Palm Beach County 31 Improvement District for the City's stormwater National Pollutant Discharge Elimination System 32 Fourth Cycle Permit, a copy of which agreement is attached hereto as Exhibit "A". 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2017. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\E3C5A270-5BOC-45C7-AF93-FA79F6A2954D\Boynton Beach. 4913.1.NPDES_ILA (Fourth)_-_Reso.doc Page 33 of 733 CALDVVELL PAGETTI EDWAIRDS S01-10ECH & VIATOIEZ LLIP ATTORNEYS AT LAW MANLEY P. CALDWELL, JR. 1 555 PALM BEACH LAKES BLVD. PARALEGAL KENNETH W. EDWARDS SUITE 1200 EMILIE PEARSON, CP CHARLES F, SCHOECH MARY M. VIATOR WEST PALM BEACH, FLORIDA 33401 WILLIAM P. DONEY www.caldwelipacetti.com FRANK S. PALEN JOHN A. WEIG OF COUNSEL BETSY S. BURDEN RUTH P. CLEMENTS October 31, 2016 RECEIVED NOV 0 12016, City of Boynton Beach EJOYNTON BEACH UTILITIES 124 E. Woolbright Rd Boynton Beach, FL 33435 Re: NPBCID/Lead Permittee-NPDES Fourth Cycle Permit Interlocal Agreement EM! L A proposed Interlocal Agreement to be executed with NPBCID per NPDES Fourth Cycle Permit; 2. A copy of the previously executed it Term Permit Interlocal Agreement for your reference; and 3. A sample Resolution approving Item No. 1. Please make two (2) copies of Item No. 1. for a total of three (3) Agreements. Have the three (3) Agreements approved and signed by the appropriate representatives. Then b—Y-077-gra—ir—to Te-7oh-ce address above as soon as possible. We will then have them executed by the Lead Permittee and one original filed with the Clerk of Court. One fully executed Agreement will be returned to you for your files. Please let us know if vouA,?.veq,,v,wl11 Sincerely, Vc, -e emrj _A f-f3r- wzaa�� Page 34 of 733 ■ INTERLOCAL AGREEMENT This MS4 NPDES Fourth Cycle Permit Interlocal Agreement (the "Agreement') is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 359 Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as the "Lead Permitteeand CITY OF BOYNTON BEACH (hereinafter referred to as "the Co- Fermittee"). W I TN E S S ETH. WHEREAS, the United States Environmental Protection Agency (hereinafter referred as "EPA") on the 9th day of December, 1996, issued its National Pollutant Discharge Eliminati System ("NPDES") Permit No. FLS000018 (with it and all such subsequent permits bei hereinafter referred to as the "MS4 NPDES Permit") to approximately forty (40) government entities designated as the Palm Beach County -Municipal Separate Storm Sewer System ("MS4' Permittees (hereinafter referred to jointly as the "Pen-nittees"); and WHEREAS, Section 403.0885, Florida Statutes, established the federally approved state NPDES Program; and mm-&A-MMUM - I I Mum- _.__ le., I is IN I Bro I d1b+ NCL IMS Ul' 011CUL UIC 10AISIdUVO 111L r S COSIS 10r dUIT111inful-ing Nic-Ariur,57=1 I` home by the regulated entities; and Ia & '111 1. a. - III (W.60CRI U0111W.11 win anarg N mulagg I I I I . it I I I WHEREAS, the MS4 NPDES Permits granted by FDEP to the Permittees contain separat� obligations and responsibilities for each individual Permittee, as well as obligations =4 responsibilities that may be performed jointly by the Permittees; and WHEREAS, the Permittees previously established a 7 -member Steering Committee comprised of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (1) representative of special districts, one (1) representative from Palm Beach t L /. MONTS -?Ilocate duties, rcsao-rsi�j I iti es - g -t d m -,N Page 35 of 733 NPDES Permits pursuant to individual interlocal agreements between each Co-Pennittee and the Lead Permittee; and WHEREAS, the parties hereto have previously entered into interlocal agreemen regarding the MS4 NPDES Permit, most recently a Third Term Permit Interlocal Agreeme which agreement continues from year toyear, subject to the annual Funding o Year renewal prce set forth in Section 3.03 of said agreement, unless otherwise terminated in accordance with oth provisions of said agreement; and VITUMM"T"'M 11111111 ;11 i ENNMHZM IN M111-40", "I- 11410-00 ROOM f•ermit was issued; and WHEREAS, Section 4.02 of the NPDES Third Term Permit Interlocal Agreement provides, in pertinent part, that any changes, modifications, revisions, or additions to the terms of the MS4 NPDES Permit made subsequent to the Effective Date of that agreement, are expressly excluded from and not a sub; ect of said agreement of the parties; and WHEREAS, the MS4 NPDES Fourth Cycle Permit contains several changes, modifications, revisions, or additions to the terms of the MS4 Third Tenn Pen -nit, thereby necessitating this MS4 Fourth Cycle Permit Interlocal Agreement in lieu of an amendment to thA firior agreement; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part I, Florida Statutes, as amended, to enter into this Agreement and do hereby adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9), Section 163.01, Florida Statutes. I SECTION ONE ayftmlftAftl� lk-7B IN PAN 1%MV,1 1 4 1 0 •1 SECTION TWO 11 Page 36 of 733 2.01. Lead Permittee. Northern Palm Beach County Improvement Di . strict is herell 14 "P I'll if f k 2.02. Co -Permittee. The City of Boynton Beach is hereby designated as a Co -Permittee fM r the purposes of this Agreement and each MS4 NPDES Pen -nit. SECTION THREE TERM OF AGREEMENT 3.01. Agreement Term. The term of this Agreement begins as of the date it is signed the last of the parties, and shall continue from year to year, subject to the annual Funding Year hereinafter defined) renewal process set forth in following Section 3.03, unless otherwi terminated in accordance with other provisions of this Agreement. The parties to this Aggreeme c Pe 1. shall undertake a mutual review of this Agreement during the final year of the term of ea Jh 3.02. Funding Year. The term "Funding Year" is defined as a fiscal year beginning on October I and ending on September 30. 3.03. Renewal. This Agreement shall be automatically renewed as of the beginning da of each Funding Year and continue in full force and effect from Funding Year to Funding Ye unless: (i) a party to this Agreement provides written notice of non -renewal to the other party I least thirty (30) days prior to the end of the then -current Funding Year, or (ii) the Agreement h been previously terminated as provided herein. SECTION FOUR SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 4.01. Allocation of Duties and Obligations Lead Permittee shall be responsible Mr those duties andobligatio which are specifically identified and delineated in Exhibit "A" which is attached hereto incorporated herein (the "Lead Permittee Services"). The Lead Permittee Services may be revis from time to time as required by the MS4 NPDES Permit. Any such revisions shall be agreed 0 in writing by the Co -Permittee and incorporated into Exhibit "A" and made a part of th Agreement. All revisions to Exhibit "A" shall be attached sequentially to the original Agreeme so that all modifications to the Lead Permittee Services that occur over time may be determined] 121 1- 14 6 r-14, 1ro.201;d161-111 &214141 LVE41111 nod.1210) IM M. In accordance with Section 403.067, Florida Statutes, MS4 NPDES permits must b4 consistent with the requirements of FDEP-adopted TMLs. A MS4 NPDES Permit may be reopened and revised during its term to adjust effluent limitations or monitoring requirements should future adopted TMDL, water quality studies, FDEP-approved changes in water quality W Page 37 of 733 It is understood and agreed that any other changes, modifications, revisions, or additions to terms of the MS4 NPDES Permit made subsequent to the Effective Date of this Agreement expressly excluded from and not a subject of this Agreement unless and until incorporated herel by written agreement of the parties. 5.01. Administrative Procedures. The procedures to be followed by the Lead Permitt in a resolution titled "Resolution of the Board of Supervisors of Northern Palm Beach Co n, 1 402 �F Collection, Management and Disbursement of NPDES Interlocal Agreement Funds" "Resolution), which was adopted by the Lead Permittee, a copy of which is attached hereto ExVibit 111311. Section 2 of the Resolution incorporates by reference the "NDPES Steering Committeci Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds" (the "Procedures) which are incorporated into this Agreement And are to be followed by the parties to this Agreement. The Resolution and the Procedures may be amended from time to time upon the approv of the MS4 NPDES Steering Committee and the Lead Permittee. However, the Co -Permittee s be given a minimum of 60 days advance written notice of any proposed amendments to t IV 415;k g,itnmw_A1,,44 Permittee and/or the MS4 NPDES Steering Committee prior to any action being taken on s proposed amendments. Any amendment that is incorporated into this Agreement shall also 4 geed o iiing bhe Co-PeIr 5.02. Annual Budget. Since this Agreement is anticipated to be renewed for a number of I potential costs the Lead Permittee may be required to incur for future Funding Years in order to carry out the Lead Permittee Services. Therefore, the parties agree to arrive at it mutually Reix.ft", ,- ycrfwrting 7A --w amount that will be required to be paid by the Co -Permittee to the Lead Permittee for the provision of Lead Permittee Services during each Funding Year. 5.03. Prior Funding. The parties agree that any surplus funds previously paid by the Co - Permittee to the Lead Permittee pursuant to any prior interlocal agreement it has entered into with the Lead Permittee involving a MS4 NPDES. Permit shall be applied to and used for the provision if Lead Permittee Services during the next Funding Year period. 5.04. First Funding Year P"me . In addition to the surplus funds referenced in Section 5,03 above, the parties agree that for the upcoming 2016/2017 Funding Year, the Co-Perrnittee has paid the Lead Permittee the sum of Thirty -Six Thousand Sixty -One dollars ($36,061.00), which 2 Page 38 of 733 IM I $to Vid Q IMIr.] H R26 off -3 I I all W 011111 a I WROW7WN! ! 1 Mim"! IMMMMVI� Jiro NPDES Permit. 00 SU11WICHE LIV SUU&IJ Me UTW9TTM4Tf54'7-V 1=,f Tr—rn1T requirements tor Me 214TYBAWIT17 Fiscal Year unless unexpected additional costs and expenses of the nature described in following Section 6.03 are incurred. 5.07. Future Funding Year PUments. 'Ihe parties: (i) acknowledge that on or befo Janupa�,01- 2016. the 1, - M *f - - the Permittees will each be requested to pay during the next Funding Year, and (ii) agree that subsequent Funding Year budget estimates will be provided on or about January 31st of ea re s 0 e t r 0 th fbe a0 t ea following year. The Lead Permittee and Co -Permittee shall have until July 3 1 of each'year arrive at a mutually acceptable dollar amount to be paid by the Co -Permittee to the Lead Perinitt rin for the immediately upcoming Funding Year, which shall be paid pursuant to Section Six of th Agreement. If the parties cannot agree upon a mutually acceptable dollar amount by m aforementioned deadline, this Agreement shall be deemed terminated unless otherwise agreed 6 in writing by and between the parties. 5.09. Final Funding Year of a MS4 NPDES Permit Term. It is assumed that during the last Funding Year of the term of each MS4 NPDES Permit, the Permittees and FDEP will commence to negotiate the provisions of the next MS4 NPDES Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder may be modified. Due to this uncertainty, each party's duties and obligations hereunder, together with the funding process for govision o of each MS4 NPDES Permit. 5.09. Sgparate Co -Permittee Expenses. In addition to the payments required to be p by the Co -Permittee to the Lead Perinittee pursuant to Sections 5.03 through 5.07, the C Perinittee shall be responsible for all other costs and expenses relating to its individual duties obligations under a MS4 NPDES Permit, including, but not limited to: (1) all costs of the C Pem-tittee's preparation and submittal of such of its own individual annual report(s) that may separately required by a MS4 NPDES Permit, (2) costs of all monitoring that may be the C Permittee's individual responsibility, (3) costs of gathering, compiling, coordinating, submitting all necessary data that may be individually required of the Co -Permittee by a MS NPDES Permit, and (4) all other costs of carrying out any other individual responsibility of Co -Permittee according to the requirements of a MS4 NPDES Permit. I SECTION SIX W Page 39 of 733 0 0) Ll r-MULL41MIA R 0 1 - 111111JIMA=M M 0 I CC71_jjjLCSs Alt M I I I U111MILUL LU C11MIHULO Sal 0 a! payment schedule. The initial Funding Year for all future MS4 NPDES Permits shall be referred as the First Funding Year. 6.02. Subsequent Funding Year Poments. Once a Funding Year payment amount h been agreed upon, the Co -Permittee may, at its option, pay the entire agreed-upon amount I single lump sum on or before November 15 of that particular Funding Year, or in twelve (12) equ monthly installments commencing on October 15th of that Funding Year and thereafter on 15th day of each subsequent month during that Funding Year (such payment dates also bei hereinafter referred to as "Payment Due Date(s)"). In addition, an alternative payment schedl- allowing for quarterly payments, pursuant to the Procedures found herein, may be utilized by Co -Permittee, unless and until such time as the Procedures are amended to eliminate said alterna payment schedule. 6.03. Additional Costs. Since it is possible that following the parties' agreement as to particular Funding Year's payment amount, unexpected additional costs and expenses may ari which will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Servic for that Funding Year, the parties agree as follows: I (i) If the Lead Permittec determines that unexpected additional costs and expenses must be incurred in order for it to timely provide its Lead Permittee Services, the Lead Permittee shall promptly notify the Co -Permittee, in writing, of the nature and estimated amount of the Co-Permittee's allocable share of these unexpected additional costs and expenses, as well as the Lead Permittee's intent to draw down funds from the Co-Permittee's Reserve Fund Contingency in order to pay said Co-Permittee's allocable share of the unfunded and unexpected 9.dditional costs and expenses. (ii) If the Co-Permittee's allocable share of the unexpected additional costs and expenses exceeds the amount held in the Co-Permittee's Reserve Fund Contingency account, the Le,?d P i rmt a -o n r (iii) If the Lead Permittee and Co -Permittee agree as to the need and amount the unfunded and unexpected additional costs and expenses, their agreement shall be reduced writing. The agreed upon unfunded and unexpected additional costs and expenses shall be pal 11 either by a lump sum payment within thirty (30) days of their agreement in writing or divided bj 11, Page 40 of 733 the remaining months of that particular Funding Year and paid to the Lead Permittee in equ monthly installments for the remainder of the subject Funding Year. i (iv) If the Lead Permittee and Co -Permittee are not able to timely agree as to the need and/or amount of the unfunded and unexpected additional costs and expenses, the Lead Permittee map sus1end or terminate thisAgreement.. at its sole discretion following the igovision of thirty (30) days prior written notice to the Co -Permittee. 6.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parti hereto, if a Funding Year payment or agreed upon unfunded and unexpected additional costs exGvenses �wmetit is not time j0d, within daAs of a Pa!�ment Due Date i . -- — A! Nttp Of 01� _the -4`r .*I. obligations assumed by the Lead Permittee under the terms of this Agreement may l be suspend and/or terminated by the Lead Permittee, at its sole discretion, following the provision of th - RM101 R yA 11111111111-11111 1-Mr-4711TIM oil I Iasi all (OKIIIIJI 11] 14 tido 1000211RIFIRIM is I Is F -M its 100 SECT1011- SE,T.rEN 1 71411 1 0 ,aWfl IN , C; 1 0 L UL N'111 d1tt'TV1U111-FL Mr 711sning L* LCM1111ULO UIC -qlccm, must provide thirty (30) days prior written notice to the other party of said terminating party decision to terminate this Agreement. Said termination shall not be effective until said thirty (3 day prior notice period has elapsed (the "Termination Date"). In addition to the aforemention I termination rights, the Agreement may be terminated as provided in Sections 5.07, 6.03(iv), 6.04. 7.02. Effect of Termination. In the event of termination of this Agreement by the Co- Perinittee, the Co -Permittee shall thereupon be individually and solely responsible for all responsibility of said Co -Permittee. Thereafter, the Lead Permittee and other Permittees shall not be responsible for said terminating Co-Permittee's individual obligations under the applicable h4S4 NPDES Permit. 7.03. Costs and Expenses. Irrespective of which party elects to terminate this Agreemenj or in the event of a failure to pay by the Co -Permittee to the Lead Permittee the amounts due under and pursuant to the terms of this Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead Permittee as of the Termination Date shall still be due and owing and the right to collect said amount(s) shall survive termination of this Agreement. 7.04. Reftmids. The parties acknowledge that the Lead Permittee anticipates entering int* G it tinen3 c-oi i4 ntract -i r& -Ar -fl rc �#mj wst i drof-, 6. vk 6s-mkwf t &-H r- "e, for the Lead Permittee to provide some or all of its Lead Permittee Services. Since the Co- Permittee's payments under this Agreement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services, the Co-Pen-nittee will not be 19 Page 41 of 733 entitled to receive a refund ftom the Lead Permittee for any monies that the Co-Permittec h -1111-MINIMIRMT W-101 in 11 -mod 11 KIN I it 91W.. I U U00,11 U W14 [Fift a LW70 11! M Ito] I a I I 11I M$ I - K I MJU I 9W. I I FIJI tWq JM .11111 M, SECTION EIGHT ENFORCEMENT VIOLATIONS AND/OR DEFAULT Fm IMMEMM= IM Re I 'My 1'Iff ,&6 61% MI 400 S QNS SJU] 0 Of tiWol Oil] 8.02. Violations. Neither party to this Agreement shall be deemed to have assumed any liabty for any negligent or wrongful acts or omissions of the other party, and in no event shall any of the provisions of this Agreement be construed as a waiver by either party of its sovereign immunity rights or of the liability limits established in Section 768.28, Florida Statutes. 8.03. Dispute Resolution Process. Any dispute or conflict between the parties that arises from any of the terms or conditions of this Agreement, including any exhibits thereto, shall be presented in writing by the complaining party to the other party. The parties' representatives shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process per Ch. 164, F.S., or litigation or any other formal dispute resolution process. 9.01. Notices. All notices, requests, consents and other communications required or pen-nitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated (including telex, facsimile, telegraphic, or electronic mail (e-mail) communication) with confirmation of receipt, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to Lead Permittee: Northern Palm Beach County Improvement District 359 Hiatt Drive Palm Beach Gardens, Florida 33418 Attn: Executive Director Phone: (561) 624-7830 Fax: (561) 624-7839 Page 42 of 733 With a copy to: Betsy S. Burden, Esq. Caldwell Pacetti Edwards Schoech & Viator LLP 1555 Palm Beach Lakes Blvd., Suite 1200 West Palm Beach, Florida 33401 Phone: (561) 655-0620 Fax: (561) 655-3775 Email: burden@caldwellpacetti.com As to Co -Permittee: Name of Authorized Representative: Cok WN Title: &SS (Zki Name of Pennittee: Address: k2-4 G WocD 6,rL -A,cv IR t) IVE- . . . ... ... ...... .......................... Phone: ......... . . . . . . ......... . ... ................ - Fax: 9.02. Entire Agreement. This Agreement represents the entire understanding ani agreement between the parties with respect to the subject matter hereof. 9.03. Construction. The preparation of this Agreement is considered a joint effort of tin parties and accordingly this Agreement shall not be construed more severely against one of parties than the other. I 9.04. Discrimination. The Lead Permittee and the Co -Permittee agree that no pers shall on the irounds of race, color,national oriiin, disabili6 ion cestr. marital . t , relii an under any activity carried out by the performance of this Agreement. 9.05. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and b-. by the parties and their respective legal representatives, successors, and permitted assigns. 9.06. Assinability. The responsibility for carrying out any task assumed by a party t* this A eement but nj k,, 9 "a _J thl Q111atiW 9 Page 43 of 733 9.07. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effi--el&o—farr !' ! ! yralyjWuele or invalid provision reduces the payment obligations of the Co -Permittee, in which event this Agreement may be thereupon terminated by the Lead Permittee. 9.08. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. 9.09. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 9.10. Remed'1he failure of any party to insist on a strict pe7 rformance I f IZIL;ft terms and conditions hereof shall be deemed a waiver of the righ:�%-,awmrr-oW�-, f- 7, have regarding that specific instance only, and shall not be deemed a waiver of any subseque breach or default in any terms and conditions. I 9.11. NPDES Pen -nit. If there is any inconsistency between the terms of this Agreement and the applicable MS4 NPDES Permit, then the applicable MS4 NTPDES Permit shall preempt, supersede, and control the provisions of this Agreement. 9.12. CounteMarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same itsimica-tt. 9.13. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Circuil Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. Termination of Prior Agreements. All previous interlocal agreements entered into between the parties to this Agreement regarding the application or execution of a MS4 NPDES Permit shall tenninate as of the Effective Date of this Agreement. MOM raIRUMMOOTHMMM"S KIM= MBN M. ■ 10 Page 44 of 733 IN WITNESS WHEREOF, the parties have set their hand and seals the day and ye hereafter written. I iiifflvs 8 �x ATTEST: By: Secretary [DISTRICT SEAL] EXECUTED by Co -Permittee this By: CS um IN MAMMON a Lai I'm m j," '111� .......... 1111111111'� 1111 "'Ii'i 9 a m ME NM Page 45 of 733 100491JUVAES The responsibilities of the Lead Permittee as to the implementation and execution of the MS4 NPDES Permit No. FLSOOOO 18 are generally as follows: 1. The timely preparation, coordination, and execution of interlocal. agreements necessary establish and implement the joint activities to be conducted for compliance wit IT. The timely preparation, coordination, and submittal to FDEP each year during the term of this Agreement, of an annual report describing the activities carried out jointly to fulfill requirements in the permit. UI. The timely preparation, coordination, and distribution of standardized forms and guidance documents as approved by the MS4 NPDES Steering Committee to assist permittees in carrying out the ten -ns of the MS4 NPDES Permit. FTF. The timely preparation, coordination, and execution of a countywide public education and outreach program required by Part III.A.6, Part III.A.Te. and Part III.A.7.f. as approved by the MS4 NPDES Steering Committee. V. The timely preparation and coordination of training materials to fulfill the requirements of Part III.A.7.c, Part A.7.d, Part 111-A.9.b, and Part III.A.9.c of the MS4 NPDES permit, as approved by the MS4 NPDES Steering Committee. VT. The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates required by Part V.A. of the MS4 NPDES Permit. VII. The timely preparation, coordination, and execution of a monitoring program included in Part V.B. of the MS4 NPDES Permit. VIII. The timely coordination, and assistance with the activities associated with the Tot Maximum Daily Load (TMDL Program) as required by Part VIII. IX. The preparation and coordination of all MS4 NPDES Steering Committee workshops meetings. X. The timely remittance of all necessary permit fees to FDEP, subject to the timely t sufficient collection of same for all other permittees. The Lead Permittee Services described herein may be revised from time to time as requir by each MS4 NPDES Permit, as agreed to in writing between the MS4 NPDES Steeri Committee and Northern Palm Beach County Improvement District, which revisions shall incorporated herein and made a part of this agreement. Page 46 of 733 (From it Term Permit ILA) EXHIBIT "A" LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the MS 4 NPDES Permit No. FLS 00 00 18 are generally as follows: I. The timely preparation, coordination, and execution of interlocal agreements necessary to establish and implement the joint activities required by the Permit. 11. The timely preparation, coordination, and submittal to FDEP each year during the term of this Agreement, of an annual report describing the activities carried out jointly to fulfill requirements in the permit. 111. The timely preparation, coordination, and distribution of standardized forms and guidance documents as approved by the NPDES Steering Committee to assist permittees in carrying out the terms of the MS4 NPDES Permit. IV The timely preparation, coordination, and execution of a countywide public education and outreach program required by Part III.A.6, Part III.A.7.e. and Part III.A.71 as approved by the NPDES Steering Committee. V, The timely preparation and coordination of training materials to fulfill the requirements of Part III.A.6, Part III.A.7.c, Part III.A.7.d, and Part III.A.9.b and Part III.A.9.c of the MS4 NPDES permit, as approved by the MS4 NPDES Steering Committee. VI, The timely preparation, coordination, and submittal to FDEP of major watershed pollutant to estimates required by Part V.A. of the MS4 NPDES Permit. VII. The timely preparation, coordination, and execution of a monitoring program included in Part V.B. of the MS4 NPDES Permit. VIII. The timely coordination, assessment, monitoring and execution of activities associated with the Total Maximum Daily Load (TMDL Program) as required by Part VIII. IX. The preparation and coordination of all MS4 NPDES Steering Committee workshops and meetings. X. The timely remittance of all necessary permit fees to FDEP, subject to the timely and sufficient collection of same for all other permittees. The Lead Permittee Services described herein may be revised from time to time as required by each MS4 NPDES Permit, as agreed to in writing between the MS4 NPDES Steering Committee and Northern Palm Beach County Improvement District, which revisions shall be incorporated herein and made a part of this agreement. Page 47 of 733 Constitution ond tne Laws of the State of Florida, including applicavic provisions ol *aptCr 298, Florida Statutes, and Chapter 2000-467, Laws or Florida, as amended and/or supplemented, and WHEREAS, the Florida Department, of Eavironmental Protection ("TI)EV) issued a National Pollutant Discharge Elimination System Permit No. FLS000018 (the "MS4 NPDES Permit") which is applicable to a number of governmental entities located in Palm Beach County, including Northern; and WHEREAS, the Co -Permittees that make up the govenunental bodies subject to the NPDES Permit previously nominated and appointed Northern as the "Lead Permittee" for the purposes of assisting all Co-Permittecs in the collection of general data required to be collected pursuant to the MS4 NPDES Pennit and the submission of reports to the Florida Department of Environmental Protection and the United States Environmental Protection Agency-, and WHEREAS, as the Lead Pemittee, Northern is in the process of entering into sepwate set forth the parties' respective duties and obligations regarding fulfillment of the terms and conditions of the MS4 NPDES Permit, and WHEREAS, a seven member NPDES Steering Committee has been selected by the Co- Permiftes, which Steering Committee is comprised of two (2) represewatives of large municipalities, two (2) representatives of smaller municipalities, one (1) representative of special districts, one (1) representative for Palm Beach County, and the Lead Permittee; and WHEREAS, in January of 2011, the NPDES Steering Committee, in order to provide a level of accountabty and fiscal control for the benerit of all NPDSS Co -Permittees as it relates to the Interlocal and/or Joint Participation Agmments being entered into between Northern and each Co-Perinittee, adopted Administrative Procedures for the collection, management and disbursement of NPDES Interlocal Agreement Funds, which Administrative Procedures were thereafter adopted by Northern; and WHEREAS. on March 21, 2012, the NPDES Steering Committee adopted revised Administra.tive Procedures for ihe Collection, Management and Disbursement of NPDES Interlocal Agreement Funds,, and Page 48 of 733 WHEREAS. a new MS4 NPDES Permit was issued by FDEF to the District and the other Co�Penuittacs on September 8.2016; and WHEREAS. it is necessary to Further revise the Administrative Procedures to update the years for the alternative payment schedule costa bied in Section I of said Procedults, and to rake minor clerical revisions-z and WHEREAS, at its mectilig held Seplernber 21. 2016. the NPDF-S Steering Committee recommended such updates be made to said Procedures, and WHEREAS. Northem has been asked to adopt and comply with the Revised NPDES Steering Committee Administrative Procedures as recommended by the NPDF.S Steering Committee on September 21, 2016 for the purpose of administering the funds 11 receives as the Lead Permittee purivant to each NPDES Interlocal or Joint Participation Agreement. NOW, THEREFORE. be it resolved by the Board of Supervisors or Noriltem Palm Beach County improvement District as follows: 1. Northern Palm Beach County Improvement District does hereby adopt and agive to comply with the terms and conditiom of the attached Revised NPDES Steering Committee Administrative Pruccdures as recommended by the NPDES Steering Committee on September 21. 2016. 2. That Northern Palm Beach County Improvement District does'hereby incorporate by this reference the attached Revised NPDES Steering Committee Administrative Procedures as recommended by the NPDES Steering Committee on September 21, 2016 into each NPDES interlocal and)or Joint Participation Agreement that it enters into with a CO-Permittee. 3. That the January 2011 Adminisirialve ProcWtires as revised on Match 21, 2012 and al I resolutions or parts or resolutions in conflict herewith am hereby repealed. 4. This Resolution shall take effect immediately upon its adoption. .,,.,jHIS RESOLUTION PASSED AND WAS ADOPTED THE 26TH DAY OF Ago 1 l' SOL) NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRIC.7 % P1, Int: Title; "iitle; Page 49 of 733 As Revised by Steering Committ March 21, 201 ,ks�P�drer ?k_vvisoi •y-Sleei rg e*lrn AILQ September 21, 201M �'R , �@W IVM FOR COLLECTION, MANAGEMENT AND DISBURSEMENT OF NPDES INTERLOCAL AGREEMENT FUNDS The MS4 NPDES Steering Committee (which is comprised of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (1) representative of special districts, one (1) representative for Palm Beach County, and the Lead Permittee), has adopted the following administrative procedures in order to provide a level of accountability and fiscal control for the benefit of the MS4 NPDES Co -Permittees. NPBCID will be issuing one (1) invoice to each Co-Pennittee for its annual Funding Year payment amount, following which the Co -Permittee shall then have thirty (30) days from the date of receipt of the invoice within which to select one of the three (3) payment options and to make its initial payment in accordance with the option so selected. P. 10 U.) a 14W14MV441H.104 I Vie 97301val (B) The quarterly income and disbursement report shall be prepared by NPBCID in 9ccordance with the format set forth in attached Attachment 3. Budget Accounting Documentation, A quarterly budget accounting report shall be prepared by NPBCID. The report shall be delivered to the Steering Committee within forty-five (45) days following the end of each Funding Year quarter and thereafter distributed by the Steering Committee to the rcpresentative(s) of each Co -Permittee as identified in the MS4 NPDES Int erlocal Agreement. Page 50 of 733 RIMITtaineu in ME ATM Tv r L111- CuntingEnuj, aCLAMIL IUCHLIIICU Agreement, for expenses not previously addressed at a Steering Committee meeting, NPBCID shall notify and consult, if time permits, the Steering Committee members. 5. UnMected Additional Costs and Expenses. Prior to NPBCID incurring an obligati that will require a Co -Permittee to pay unexpected additional costs and expenses exceeding amount held in the Reserve Fund Contingency, NPBCID shall notify the affected Co -Permittee( cost and expense. Upon receipt of such notification, the Steering Committee shall present t matter for discussion and recommendation purposes to the Co -Permittees at the next regular event a special meeting will be promptly scheduled andnotice given to all Co -Permittees). 6. MS4 NPDES Interlocal Asueement Budizet Adoption Process. All future MS4 NPDEM Interlocal Agreement Funding Year budgets shall be adopted in accordance with the followi procedure: I (A) On or before January 3 1" of each Funding Year, NPBCID shall prepare and presen'm to the Steering Committee a proposed budget for the next Funding Year. (B) The Steering Committee shall consider the proposed next Funding Year budget ate regular Steering Committee meeting and open the matter to discussion by those Co-Pennitt-"- representatives present and attending the meeting. I (C) Adoption of the next Funding Year's budget shall require the approval of a super - majority of at least five (5) members of the Steering Committee. (D) As a part of the Steering Committee's consideration of the next Funding Year's budgm r and calculation of each Co-Permittee's allocable share and responsibility for the funding of budget, the Steering Committee may consider the application of any existing surplus fimds as credit towards each Co-Permittee's allocable fimding shares. "Surplus fimds" for the purpose.] I I this administrative guideline may include unexpended and unencumbered present Funding Ye, Is or Reserve Fund Contingency amounts, plus accrued interest thereon, if any. (E) The Steering Committee shall also be responsible for approving, by a simple majority *f those Steering Committee members in attendance (provided there is a quorum) at a Steering Cl Committee meeting, line item budget transfers. Page 51 of 733 XrFACHMENT "A" TUS4 FISCAIL YEAR FOT,,-,-PEPal-JD -------------------- TO CASH ON H REVENUE: TO AGREEMENT FEES TOTAL REVENUES 1111 019*14 9 Moll] 0 vu 14 EXPENDITURES PAID D URING TO ENGINEERING OTHER PROFESSIONAL FEES MISCELLANEOUS EXPENSES GOVERNMENTAL REGISTRATION FEES LEGAL TOTAL EXPENDITURES uflfi� �11 , �lljl xxx,xxx.xx XXX,Xxx.xx xxx,xxx.t.xx xxxAm.Xx XX&X-XX.XX XXX xxx.Xx Page 52 of 733 M CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-006 - Authorize the City Manager to sign a Lease and Easement Agreement with Florida Power & Light (FPL) to enable installation of a Solar Tree at Boynton Beach Oceanfront Park. EXPLANATION OF REQUEST: Florida Power & Light has initiated a program called Solar Now that allows customers to pay an additional fee on their monthly bill to fund distributed solar power generation. FPL has customers in Boynton Beach that have selected this option and the company approached the City with a proposal to place a solar tree on City property as part of this program. Staff reviewed the proposal and determined that the best place for the first installation would be Oceanfront Park as part of the City's work to upgrade the parks energy and utility systems. Part of the project to upgrade the wastewater treatment facility at the Park includes providing alternative energy sources for the equipment at the Park and the Solar Tree fits this need. FPL will provide the equipment and installation at the Park at an agreed upon location and the City will pay for all power generated by the equipment at current rates. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The program will assist the City in meeting the goals of the adopted Climate Action Plan. FISCAL IMPACT. None ALTERNATIVES: Do not approve the agreement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 53 of 733 ATTACHMENTS: Type D Agreement D Attachment D Attachment REVIEWERS: Department Utilities Finance Legal City Manager Description Resolution authorizing the City Manager to sign the Lease and Easement Agreement for installation of a Solar Tree Lease and Easement Agreement Solar Tree Location Picture Solar Tree Presentation ® FPL Reviewer Action Groff, Colin Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 1/3/2017 ® 7:56 AM 1/3/2017 ® 1:58 PM 1/9/2017 ® 4:08 PM 1/10/2017 ® 8:22 AM Page 54 of 733 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 R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A LEASE AND EASEMENT AGREEMENT WITH FLORIDA POWER & LIGHT TO ENABLE INSTALLATION OF A SOLAR TREE AT BOYNTON BEACH OCEANFRONT PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Power & Light has initiated a program called Solar Now that allows customers to pay an additional fee on their monthly bill to fund distributed solar power generation; and WHEREAS, FPL has customers in Boynton Beach that have selected this option and the company approached the City with a proposal to place a solar tree on City property as part of this program; and WHEREAS, Staff has reviewed the proposal and has determined that the best place for the first installation would be Oceanfront Park as part of the City's work to upgrade the parks energy and utility systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the City Manager to sign a Lease and Easement Agreement with Florida Power & Light to enable installation of a Solar Tree at Boynton Beach Oceanfront Park, a copy of which is attached hereto as Exhibit "A". C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\596FE165-9B2D-4B2E-912C-8E8FB07823CE\Boynton Beach. 4890.1. Lease _And_Easement Agmt (FPL_ Oceanfront Park)_-_Reso.Doc Page 55 of 733 28 Section 3. This Resolution will become effective immediately upon passage. 29 PASSED AND ADOPTED this day of , 2017. 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 56 57 58 59 .E CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\596FE165-9B2D-4B2E-912C-8E8FB07823CE\Boynton Beach. 4890.1. Lease_And_Easement Agmt (FPL_ Oceanfront Park)_-_Reso.Doc Page 56 of 733 SOLAR LEASE AND EASEMENT AGREEMENT THIS SOLAR LEASE AND EASEMENT AGREEMENT ("Agreement") is made this day of , 20 ("Effective Date"), by and between [ ] ("Lessor") and Florida Power & Light Company, a Florida corporation ("Lessee"). Lessor and Lessee are sometimes individually referred to herein as a "Party" or collectively as the "Parties". WITNESSETH: WHEREAS, Lessor is the fee simple owner of that certain real property located in [ ] County, Florida, as more fully described on Exhibit A attached hereto and incorporated herein by this reference ("Property"); WHEREAS, the Property includes [ ] square feet of [walkway; parking lot; etc.] as more particularly depicted on the attached Exhibit B attached hereto and incorporated herein by this reference ("Demises Premises"); and WHEREAS, Lessee desires to lease the Demised Premises from Lessor and Lessor desires to lease the Demised Premises to Lessee for the installation of certain renewable energy generating equipment, including, without limitation, solar panels, solar canopy structures, electrical power inverters, interconnection equipment, electrical wiring, underground conduit, collection lines, wire management systems, charging stations, electric meters, metering and switch cabinets, power distribution boxes and racking systems (individually and collectively, the "Equipment") upon the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Demised Premises. Lessor hereby demises and leases the Demised Premises to Lessee, and Lessee hereby leases the Demised Premises from Lessor, upon the terms, covenants and conditions set forth in this Agreement. 2. Use. The Demised Premises may be used by Lessee for the purposes of constructing, installing, operating, inspecting, maintaining, repairing, enlarging, modifying, removing, testing and replacing the Equipment and any additional equipment required to generate, measure, and transmit solar power, together with the following rights: (a) Access. The right of ingress and egress to and from the Demised Premises over the Property necessary to access the Demised Premises. (b) Signage. The right, at Lessee's sole cost and expense, to install signage on and around the Equipment and on, over, under, through and across the Demised Premises at the point of access to the Equipment (to the extent allowed by applicable law) for any and/or all of the following purposes: (i) identifying Lessee's ownership of the Equipment and prominently 1 Page 57 of 733 displaying Lessee's corporate name, trade name(s), trademark(s), and logo(s) on the Equipment and all structures supporting the Equipment; (ii) describing the Equipment and its purpose and operation to interested parties accessing the Demised Premises (i.e. telling the distributed solar generation story); (iii) instructing parties accessing the Demised Premises to use caution so as not to damage the Equipment; and (iv) provide all necessary safety and hazard warnings. The location, design and content of such signage shall be subject to the prior approval of Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Such signage shall be removed by Lessee upon the final removal of the Equipment from the Demised Premises in accordance with the terms of this Agreement. Subject to Section 7(a) below, Lessor shall have the right, at Lessor's sole cost and expense to co -brand on Lessee's signage, provided that Lessor first obtains Lessee's prior written consent, which Lessee may approve or withhold such consent in its absolute and sole discretion. (c) Power Monitoring. The right to incidental access and use of Lessor's electrical systems for purposes of powering Lessee's computer equipment used in monitoring the power generated from the Equipment at the Demised Premises. Additionally, if, and so long as, Lessor provides an internet access system for use by guests and other visitors to the Property, Lessor will permit Lessee to use, at no cost to Lessee, such internet access system in connection with Lessee's power monitoring system described in the preceding sentence, and Lessor shall provide Lessee with the necessary access codes and other necessary information to use such internet access system; provided, however, Lessor does not warrant the stability, security or continuous operation of any such internet access system. 3. Term. (a) Construction Term. The construction term of this Agreement shall commence on the Effective Date and continue for six (6) months ("Construction Term"). The Construction Term shall end six (6) months months after the Effective Date unless before that date Lessee notifies Lessor that Lessee elects to terminate this Agreement or that the Commercial Operations Date has occurred. For purposes of this Agreement, "Commercial Operations Date" shall mean the date on which the Equipment becomes operational as determined by FPL. For the purposes of this section, "operational" means the date on which Lessee has (i) received any and all approvals, licenses, and permits necessary to operate the Equipment, (ii) the Equipment is installed on the Demised Premises and is connected to the electric transformer, and (iii) the Equipment is generating solar power (b) Operating Term. The "Operating Term" of this Agreement shall commence on the day immediately following the last day of the Construction Term, and continue for a term ending on the fifteenth (15th) anniversary of the Commercial Operations Date. The Operating Term and the Construction Term are collectively referred to herein as the "Term". The Term of this Agreement shall automatically renew for three (3) consecutive five (5) year periods unless Lessee provides Lessor with written notice of its intention to terminate this Agreement within thirty (30) days prior to the expiration of the then applicable Term. 2 Page 58 of 733 4. Rent. In consideration for entering into this Agreement Lessor shall be billed for the solar power generated by the Equipment on the Demised Premises at the customer's existing rate ("Rent"). 5. Installation and Location of Equipment. From and after the Effective Date, Lessee, as well as any permitting, licensing, regulating or approving entity, agency or authority, any utility intending to purchase electricity generated by the Equipment, and the agents, employees, contractors, subcontractors, consultants and representatives of each (collectively, the "Lessee Parties"), have ingress, egress and access to the Demised Premises at all times during the Term, for and including to inspect, construct, install, maintain, repair, enlarge, modify, remove, replace, test and operate the Equipment. Lessor shall cooperate as necessary with Lessee (at no cost to Lessor) in Lessee's efforts to obtain all permits, licenses and approvals necessary for the installation and operation of the Equipment. Except as otherwise expressly set forth herein, Lessee shall have no right to access or utilize any other portion of Lessor's Property other than the Demised Premises. Lessee may locate and install the Equipment on the Demised Premises as is reasonably necessary in order to achieve optimal solar power generation. Installation of the Equipment shall be in compliance with all applicable laws and ordinances and shall not result in the imposition or creation of a lien against any portion of the Demised Premises. 6. Access. At all times during the Term, Lessee, Lessee Parties and/or any persons specifically designated by Lessee shall have access to the Demised Premises twenty-four (24) hours -a -day, seven (7) days -a -week. Lessee Parties will use commercially reasonable efforts to minimize any interference with Lessor's use and operations on the Property. 7. Interference. During the Term, Lessor shall not directly or indirectly Interfere, or cause or permit to be caused any Interference, with the Equipment. For purposes of this Agreement "Interfere" and "Interference" shall mean interference with Lessee's use, operation, access, maintenance or repair of the Equipment on a sustained basis as a result of Lessor's direct or indirect actions, including without limitation the following: (a) Placement of any equipment, sign, logo, structure, or improvements on, across, under or over any portion of the Equipment without the prior written consent of Lessee, which Lessee may approve or withhold such consent in its absolute and sole discretion; (b) Placement of any equipment, sign, structure or improvement in a location that interferes with any portion of the Equipment's exposure to sunlight, as determined by Lessee in its sole discretion; (c) Interference in any way with any portion of the Equipment's ability to generate solar power, as determined by Lessee in its sole discretion; (d) Any portion of the Equipment to become subject to any lien, mortgage, deed of trust, security agreement, mechanics lien or other such encumbrance not caused by Lessee. Any portion of the Demised Premises to be maintained, altered, modified, repaired, replaced or compromised in such a way that it can no longer support the Equipment or any 3 Page 59 of 733 portion of the Equipment or the use of any portion the Equipment is impaired, as determined by Lessee in its sole discretion; (e) Disruption with Lessee's access to any portion of the Demised Premises; and/or (f) Sale, transfer, assignment, lease or sublease any portion of the Demised Premises, other than subject to Lessor's obligations under this Agreement. In the event of that Lessor Interferes or causes Interference, Lessee will provide Lessor with a written summary documenting such Interference ("Interference Notice"). In the event Lessor is in violation of any of the above -listed items in this section, and such violation continues for fifteen (15) days or more following Lessee's delivery of an Interference Notice, then in addition to the rights granted Lessee under Section 20 below, Lessee may elect to terminate this Agreement immediately upon delivering written notice to Lessor. Mechanics' Liens. (g) Lessee's Actions. Installation of the Equipment shall not result in the imposition or creation of a lien against any portion of the Property. If any mechanic's, contractor's or material supplier's lien is asserted against all or any part of the Property in connection with Lessee's installation, construction or operation of the Equipment or any related activities, Lessee shall indemnify Lessor against any loss, claim, damage or expense, including attorneys' fees, that Lessor may incur in connection with such assertion of such lien, and, if any notice or statement of lien is filed or recorded in any public office in connection with Lessee's installation, construction or operation of the Equipment or any related activities, Lessee shall cause such notice or statement of lien to be released or bonded off, within thirty (30) days from the date Lessor gives written notice of such lien. Lessee's obligations under this section shall survive the expiration or earlier termination of this Agreement. (h) Lessor's Actions. If any mechanic's, contractor's or material supplier's lien is asserted against all or any part of the Demised Premises or Property by anyone having provided labor, services, material or equipment at the request of Lessor, and if Lessee is made a party to any action or proceeding to foreclose any such asserted lien, Lessor shall indemnify Lessee and hold it harmless against any loss, claim, damage or expense, including attorneys' fees, that Lessee may incur in connection with such action or proceeding, including paying any judgment that may be entered therein. 8. Maintenance; Repair; Replacement; Reinstallation. (a) During the Term, Lessee shall, at Lessee's sole cost and expense, operate and maintain the Equipment in good working order and in a safe, clean manner. (b) In the event the Equipment or any portion thereof is damaged or destroyed at any time during the Term, Lessee shall have the right, but not the obligation, to repair, replace or reinstall the Equipment or any portion thereof within the Demised Premises. M Page 60 of 733 (c) Lessor shall conduct, or cause to be conducted, all routine and necessary maintenance of the Demised Premises and shall ensure that the Demised Premises shall remain able to support the Equipment for the duration of the Term. If Lessor has to replace or engage in widespread repair of the paving or other improvements located on or near the Demised Premises during the Term, then Lessor shall provide Lessee with at least ninety (90) days prior written notice and Lessee will coordinate protection of the Equipment with Lessor as appropriate in order to accommodate Lessor's construction schedule. (d) If the Demised Premises are substantially destroyed by fire or other casualty, Lessee may by written notice, given not later than thirty (30) days after the date of such destruction, terminate this Agreement, in which event, any insurance proceeds received by Lessor in connection therewith shall be paid to Lessee. If the Demised Premises are not substantially destroyed but Lessee cannot reasonably operate the Equipment during repairs, Rent shall abate until such time as Lessee may recommence operating the Equipment. (e) Lessee shall have the right, at Lessee's sole cost and expense, to repair, replace or reinstall any affected Equipment on the Demised Premises following complete or partial destruction of Lessor's improvements to the Demised Premises and/or Lessee's Equipment thereon. Following complete destruction of Lessor's improvements to the Demised Premises, Lessor may provide Lessee with a mutually acceptable alternative location on or off the Property approved by Lessee on which Lessee may install the Equipment. If, however, Lessor is unable to provide an alternative location for the Equipment that meets such standard, and Lessee does not approve such alternate site, Lessee shall have the right, upon written notice to Lessor, to terminate this Agreement. If such new location is acceptable to Lessee, Exhibit B (and, if necessary, other exhibits) to this Agreement will be amended to reflect the new location of the Demised Premises. (f) Lessee shall have the right, in its sole discretion, to remove all or a portion of the Equipment at any time during the Term, and such removal shall not constitute a default or be deemed a termination under this Agreement. 9. Taxes. Lessor shall submit a copy of the annual statement for real property taxes for the Property to Lessee within ten (10) business days after the date that Lessor receives such statement from the taxing authority. Lessor shall pay when due all real property taxes for the Property. In the event that Lessor fails to pay any such real property taxes or other fees and assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and recover the amount so paid from Lessor. Notwithstanding the foregoing, Lessee shall pay any personal property tax which is attributable to the Equipment or the Equipment's installation or placement on or within the Demised Premises. Lessor hereby grants to Lessee the right to challenge, whether in a court, administrative proceeding, or other venue, on behalf of Lessor and/or Lessee, any personal property or other tax assessments that may affect the Demised Premises as a result of the Equipment. If Lessor receives notice of any personal property or other property tax assessment against the Lessor which may affect Lessee or the Equipment and is attributable, in whole or in part, to the Equipment, Lessor shall provide timely notice of such assessment to Lessee sufficient to allow Lessee to consent to or challenge such assessment if a E Page 61 of 733 right to challenge the assessment is then available under applicable law. Further, Lessor will provide to Lessee any and all documentation in the possession of Lessor that is associated with such assessment and will execute any and all documents reasonably necessary to effectuate the intent of this section, provided that Lessor shall not be required to incur any expense or any risk of material liability. 10. Insurance. Lessee will maintain at all times during the Term, the insurance designated in this section in accordance with the terms and conditions required by this section. Such policy or policies shall be issued by companies authorized to do business in the State of Florida with a minimum A.M. Best financial rating of "A— VIP'. (a) Commercial General Liability Insurance with limits of Three Million Dollars ($3,000,000) per occurrence combined single limit for bodily injury and property damage. (b) Business Automobile Liability Insurance with limits of Two Million Dollars ($2,000,000) per occurrence combined single limit for bodily injury and property damage. (c) Workers' Compensation Insurance in compliance with Florida Statutes, Chapter 440. Coverage shall include Employer's Liability Coverage with limits of One Million Dollars ($1,000,000) per accident. Lessee has the right to meet the insurance designated in this section through any combination of self-insurance, primary or excess coverage. Should Lessee self -insure, then prior to accessing the Demised Premises, Lessee will provide Lessor with a letter of such self- insurance which will include a reference to publicly available financial statements and annual reports. Lessor and Lessee, for themselves and their respective insurers, waive any right to assert any claim against the other Party, to the extent such claim is covered by the waiving party's insurance. Each Party shall waive all rights of subrogation of their respective insurers. 11. Indemnification. Lessee shall indemnify Lessor from and against all losses, claims, damages or expenses, including attorneys' fees, incurred by Lessor in connection with any third party claims for personal injury or death to persons and damage to Lessor's personal property arising during the Term, to the extent arising from the negligence or willful misconduct of Lessee, its agents, employees, representatives, contractors, or sub -contractors up to One Million Dollars ($1,000,000). Lessor shall indemnify Lessee from and against all losses, claims, damages or expenses, including attorneys' fees, incurred by Lessee in connection with any third party claims for personal injury or death to persons and damage to Lessee's personal property arising during the Term, to the extent arising from the negligence or willful misconduct of Lessor, its agents, employees, representatives, contractors, or sub -contractors up to One Million Dollars ($1,000,000). In no event shall Lessor or Lessee be liable to the other for consequential, special, exemplary, punitive, indirect or incidental losses or damages, nor shall any parent, subsidiary, affiliate or employee of Lessor or Lessee have any liability under this Agreement. Neither Lessor nor Lessee, nor their respective insurer, shall, without the prior written consent of 0 Page 62 of 733 the other Party, which consent will not be unreasonably withheld, enter into the settlement or compromise of any claim brought against the indemnified Party which is the subject of indemnification under this Agreement. This section shall survive the expiration or earlier termination of this Agreement. 12. Equipment to Remain Personal Property of Lessee. The Equipment is and will remain the property of Lessee, its successors or assigns, regardless of its use or manner of attachment to the Demised Premises. Lessor agrees to execute such further documentation as is reasonably necessary to ensure that the Equipment does not constitute, and is not deemed to be, a fixture attached to the Demised Premises. Except as expressly set forth in this Agreement, Lessor will have no right, title, or interest in the Equipment, and no right to purchase or otherwise acquire title to or ownership of the Equipment, and Lessor hereby expressly disclaims any right, title or interest in or to the Equipment, whether arising by lien, by operation of law, or otherwise. 13. Subordination. Lessor will secure a subordination and non -disturbance agreement or non -disturbance agreement from each Lessor mortgagee or lienholder or tenant in form and substance satisfactory to Lessee, which provides that such mortgagee or lienholder or tenant will not disturb Lessee's possession or rights under this Agreement, or terminate this Agreement so long as Lessor is not entitled to terminate this Agreement or Lessee's leasehold interest in the Demised Premises. If Lessor hereafter determines to mortgage all or any part of the Property and the proposed mortgage document does not acknowledge the priority of this Agreement, then prior to execution of such mortgage Lessor will secure a subordination and non- disturbance agreement or non -disturbance agreement in commercially reasonable form from the mortgagee, which provides that such mortgagee or lienholder will not disturb Lessee's possession or rights under this Agreement, or terminate this Agreement so long as Lessor is not entitled to terminate this Agreement or Lessee's interest in the Demised Premises. 14. Quiet Enioyment. Lessor represents and warrants to and covenants with Lessee that: (a) Lessor has full right, power and authority to execute this Agreement; (b) Lessor has good and unencumbered title to the Demised Premises free and clear of any liens, mortgages or other encumbrances, except those set forth on the attached Exhibit C; (c) Lessor's execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Lessor; (d) there are no agreements with any third parties that may adversely affect the Equipment or the Equipment's exposure to sunlight, (e) during the Term, Lessor will not enter into any agreements with any third parties that may adversely affect the Equipment or the Equipment's exposure to sunlight, and (f) all times during the Term, Lessee's quiet enjoyment of the Demised Premises or any part thereof shall not be disturbed. 15. Default by Lessee. The happening of any one or more of the following events, upon the expiration of any applicable notice and cure period, shall be events of default under this Agreement: 7 Page 63 of 733 (a) The failure of Lessee to fully perform any other of its covenants under this Agreement within sixty (60) calendar days after Lessee receives written notice of such default from Lessor; provided, however, if such non -monetary default cannot reasonably be cured within such sixty (60) day time period, Lessee shall not be deemed in default hereunder if Lessee has commenced to cure such default within said sixty (60) day time period and thereafter continues with diligence to complete the cure of such default. 16. Lessor's Remedies. Lessor's exclusive remedies for events of default by Lessee shall be limited to the following: (a) Upon an event of default as set forth in Section 17(a) above, and after the expiration of the applicable notice and cure period, Lessor may perform, or cause to be performed, on behalf and at the expense of Lessee, any or all of the undertakings or obligations as to which Lessee remains in default, in which event Lessee will reimburse Lessor for such actual reasonable costs and expenses, within forty-five (45) days following Lessee's receipt of Lessor's invoice and supporting documentation. Notwithstanding the preceding sentence, Lessor may not perform any obligation of Lessee under Section 9(a) or take any other action that relocates or physically alters any of the Equipment that at the time is in operable condition. (b) Lessor may exercise any other remedy available at law or in equity except for ejectment, termination or rescission of this Agreement, all of which are expressly excluded. In any action or proceeding to enforce any of Lessee's obligations under this Agreement, Lessor may recover all costs and expenses, including reasonable attorneys' fees, incurred by Lessor in connection with such action or proceeding or any appeal therefrom or review thereof. 17. Default by Lessor. The failure of Lessor to fully perform any term, provision, or covenant of this Agreement within sixty (60) calendar days following written notice of such default from Lessee; provided, however, that if such default cannot reasonably be cured within such sixty (60) day time period, Lessor shall not be deemed in default hereunder if Lessor has commenced to cure such default within said sixty (60) day time period and thereafter continues with diligence to complete the cure of such default. 18. Lessee's Remedies. Upon an event of default by Lessor as set forth in Section 19 above, and after the expiration of the applicable notice and cure period, in addition to and not by way of limitation of the exercise by Lessee of any and all rights and remedies Lessee may have at law or in equity, Lessee may: (a) cure the default and be reimbursed by Lessor within thirty (30) days following Lessor's receipt of Lessee's invoice and supporting documentation of costs and expenses associated with curing the default; (b) terminate this Agreement; and/or (c) exercise any remedy Lessee may have at law or in equity. In any action or proceeding to enforce any of Lessor's obligations under this Agreement, Lessee may recover all costs and expenses, including reasonable attorneys' fees, incurred by Lessee in connection with such action or proceeding or any appeal therefrom or review thereof. Notwithstanding the foregoing, in the event that Lessor Interferes or causes Interference with the Equipment within the first five (5) years of this Agreement, and such Interference is not Page 64 of 733 cured within the fifteen (15) day time period set forth in Section 7 above, in addition to the remedies set forth in this Section 20, Lessor shall also be required to reimburse Lessee any and all costs incurred or expended by Lessee in connection with the removal of the Equipment from the Demised Premises, together with any and all costs incurred or expended by Lessee in connection with either, at Lessee's sole option, (i) the disposal of the Equipment, or (ii) the relocation of the Equipment to another part of the Demised Premises, Property or other real property, as applicable, whether or not such replacement real property is owned by Lessor 19. Termination. Lessee may terminate this Agreement at any time and for any reason, upon delivery of at least thirty (30) days prior written notice to Lessor. 20. Removal. Upon the expiration or earlier termination of the Term by Lessee, Lessee shall continue to have the right of reasonable access to the Demised Premises in order to remove the Equipment, and repair and restore the affected portions of the Demised Premises to substantially the same condition as practical as existed immediately prior to Lessee's installation of the Equipment, at Lessee's sole cost and expense; except as expressly set forth otherwise in Sections 7 and 20 above, where the removal and disposal or relocation costs of the Equipment, and repair and restoration of the Demised Premises, shall be at Lessor's sole cost and expense. 21. Tax Credits, Financial Incentives, Sale of Energy. Installation and operation of the Equipment on the Demised Premises may result in the availability of federal and/or state tax credits, and other financial incentives (collectively hereinafter "Incentives"). Lessee is and shall be the sole recipient and beneficiary of any and all such Incentives, which shall be distributed, disbursed and/or assigned in Lessee's sole discretion. Lessor shall have no right to any Incentives, except as otherwise agreed to in writing by Lessee. Furthermore, any and all solar power electricity produced by or relating to the Equipment ("Energy"), and the right to utilize and/or sell the same, shall be the sole property and right of Lessee. Lessor shall have no right to utilize the Energy, to purchase the Energy from Lessee, to sell the Energy, or to engage in any "net metering" involving the Energy. 22. Assignment; Leasehold Financing. (a) Except as permitted by Section 24(b) below, Lessee shall not assign this Agreement or any interest herein without the prior written consent of Lessor. Lessor shall not assign its interest in this Agreement to anyone other than a purchaser or Lessee of the Demised Premises without the prior written consent of Lessee. Neither Party will unreasonably withhold, condition or delay its consent to an assignment by the other Party. The terms and conditions of this Agreement will bind and benefit the respective successors and permitted assigns of the Parties. Following any permitted assignment or transfer by operation of law, the terms "Lessor" and "Lessee" shall be deemed to refer to the relevant transferee or successor, unless the context clearly indicates that the term refers only to the original Party so identified. (b) Lessor acknowledges that Lessee's interests under this Agreement and in the Equipment are and will be encumbered by Lessee's existing mortgage. Additionally, Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Agreement and the Equipment, and may assign this Agreement and the Equipment to any of Lessee's future mortgagees or holders of security interests, including their successors or assigns (Lessee's 0 Page 65 of 733 existing mortgagee and any future Lessee mortgagees or security interest holders are collectively referred to herein as the "Mortgagees"), and such Mortgagees shall have the right, but not the obligation, to assume Lessee's rights and obligations under this Agreement. In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee, except that the cure period for any Mortgagees shall not be less than thirty (30) calendar days after receipt of the default notice, as provided in Section 17 above. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Lessee. Failure by Lessor to give Mortgagees such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights of Mortgagees to cure any default as provided in Section 17 above. 23. Condemnation. In the event of condemnation of some or all of the Demised Premises, Lessor and Lessee shall each be entitled to pursue their own separate awards with respect to such taking, as their respective interests appear. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation for purposes of this Agreement. 24. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to this Agreement shall be in writing, signed by the notifying Party, or officer, agent or attorney of the notifying Party, and shall be deemed to have been effective upon delivery if served personally, including but not limited to delivery by messenger, overnight courier service or by overnight express mail, or on the third (3rd) business day after posting if sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: To Lessor Attn: To Lessee: Florida Power & Light Company 700 Universe Boulevard, CEA/JB Juno Beach, Florida 33408 Attn: Vice President of Corporate Real Estate With copy to: Florida Power & Light Company 700 Universe Boulevard, LAW/JB Juno Beach, Florida 33408 Attn: General Counsel The address to which any notice, demand, or other writing may be delivered to any Party as above provided may be changed by written notice given by such Party. 25. Memorandum of Lease. It is specifically understood and agreed by both Parties hereto that a Memorandum of Lease in substantially the form of the attached Exhibit E will be executed by the Parties and recorded in the Public Records of the county in which the Demised 10 Page 66 of 733 Premises is located, indexed in the land records of that office in the names of both Parties hereto and will be a matter of public record. 26. Miscellaneous. (a) Entire Agreement; Modification; Waiver. All of the representations and obligations of the Parties are contained herein and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Party unless in writing, signed by that Party or a duly authorized agent of that Party empowered by a written authority signed by that Party. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same Party, or of any other provision or condition of this Agreement. No waiver shall be implied by delay or any other act or omission of either Party. (b) Governing Law. This Agreement shall be subject to and governed by the laws of the State of Florida, without regard to its conflict of laws principles. The Parties agree that any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction in the State of Florida. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. (c) Severability. Should any provision of this Agreement be held, in a final and un -appealable decision by a court of competent jurisdiction, to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling. (d) Authority. Each Party represents to the other that it has complete authority to enter into this transaction. (e) Counterparts. This Agreement may be executed in any number of counterparts, each of which, upon execution of a substantively identical counterpart by each Party, shall be deemed an original, but all of which together shall constitute a single instrument. (f) Binding Effect. This Agreement shall bind and benefit the Parties and their respective successors and assigns. (g) Publicity; Tours. The Parties acknowledge that each of them has a legitimate business interest in receiving public recognition of their participation in the transaction contemplated by this Agreement. In order to coordinate the timing, tone and content of any publicity, however, each Party agrees that neither of them shall issue any press release or otherwise publicize the existence or the terms of this Agreement without the prior written approval of the other Party, which approval will not be unreasonably withheld or delayed, provided that general advertising that refers to a "partnering" (or other terminology of similar import) of either Party with the other Party for the purposes of any of the transactions 11 Page 67 of 733 contemplated hereby, but does not expressly reference this Agreement or disclose any of the terms hereof, shall not be subject to the provisions of this subsection. No filing that Lessee is required by applicable law to make with any regulatory authority shall, by itself, be deemed to violate the preceding sentence. Lessee shall have the right to give site tours of the Equipment on the Demised Premises for visitors and other interested parties. (h) Construction. This Agreement shall not be construed more strictly against one Party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being recognized that both Lessor and Lessee have contributed substantially and materially in the negotiation and preparation of this Agreement, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits, schedules, addendums or amendments hereto. (i) Headings. All headings in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. In construing this Agreement, the singular shall be held to include the plural, the plural shall include the singular, and the use of any gender shall include every other and all genders. 0) Force Maieure. Lessor and Lessee (except with respect to the payment of any monetary obligation) shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its control, including but not limited to work stoppages, boycotts, slowdowns or strikes; shortages of materials, equipment, labor or energy; unusual weather conditions; or acts or omissions of governmental or political bodies. [Remainder of page intentionally blank; Signature pages follow] 12 Page 68 of 733 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first above written. Witness: Print Name: Print Name: LESSOR: IM Print Name: Title: 13 Page 69 of 733 Witness: Print Name: Print Name: 14 LESSEE: Florida Power & Light Company, a Florida corporation Alex Rubio, Vice President of Corporate Real Estate Page 70 of 733 EXHIBIT A Description of the Property Exhibit A Page 71 of 733 EXHIBIT B Depiction of the Demised Premises Exhibit B Page 72 of 733 [NOTE: USE ONLY IF SECTION 2(d) OF THE AGREEMENT TITLED "CONSTRUCTION LAYDOWN AREA" IS USED, IF NOT THEN DELETE THIS EXHIBIT IN ITS ENTIRETY] EXHIBIT B-1 Depiction of Construction Laydown Area Exhibit B-1 Page 73 of 733 Exhibit C List of Liens, Mortgage and Encumbrances [AMY TO CHECK ON IF WE NEED THIS EASEMENT TO BE SUBORDINATED TO ANY MORTGAGE, OTHERWISE WE CAN DELETE THIS EXHIBIT] Exhibit C Page 74 of 733 [OPTION: THIS EXHIBIT F IS ONLY TO BE USED IF SECTION 16 ABOVE TITLED "ELECTRIC UTILITY EASEMENT" IS USED. IF NOT, THEN DELETE THIS EXHIBIT IN ITS ENTIRETY.] EXHIBIT D This Instrument has been prepared by or under the supervision of (and after recording return to): Seth S. Sheitelman, Esq. Florida Power & Light Company (LAW/JB) 700 Universe Boulevard Juno Beach, Florida 33408 Form Easement EASEMENT The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, a Florida corporation, its affiliates, licensees, agents, successors, and assigns (collectively, "FPL"), a non-exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. [Signature appears on following page] Exhibit D Page 75 of 733 IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on Signed, sealed and delivered in the presence of: Lessor: Name: Name: By: Name: Title: ACKNOWLEDGEMENT STATE OF FLORIDA ) )ss: COUNTY OF ) On this day of 20 , before me, the undersigned notary public, personally appeared , as of , personally known to me to be the person who subscribed to the foregoing instrument or who has produced as identification, and acknowledged that he/she executed the same on behalf of said and that he/she was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Exhibit D Page 76 of 733 EXHIBIT E Form Memorandum of Lease This Instrument has been prepared by or under the supervision of (and after recording return to): Seth S. Sheitelman, Esq. Florida Power & Light Company (LAW/JB) 700 Universe Boulevard Juno Beach, Florida 33408 MEMORANDUM OF SOLAR LEASE AND EASEMENT AGREEMENT This Memorandum of Solar Lease and Easement Agreement ("Memorandum") is executed and effective this day of , 20 by and between [ ] ("Lessor") and Florida Power & Light Company, a Florida corporation ("Lessee"). RECITALS WHEREAS, on event date herewith, Lessor and Lessee entered into a written Solar Lease and Easement Agreement ("Agreement") related to certain property situated in [ ] County, Florida more particularly described in Exhibit A attached hereto and made a part hereof ("Property"); and WHEREAS, Lessor and Lessee desire to provide record notice of the Agreement pursuant to this Memorandum. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby give record notice of the following: Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Lease. In accordance with the terms and conditions of the Agreement, Lessor has leased that certain portion of the Property to Lessee more particularly described in Exhibit B attached hereto and made a part hereof ("Demised Premises") for the purpose of constructing, installing, operating, inspecting, maintaining, repairing, testing, enlarging, modifying, removing, and replacing the solar Equipment (as defined in the Lease) [OPTIONAL: , together with a temporary construction laydown area adjacent to the Demised Premises for the placement and storage of materials and equipment as more particularly shown on the attached Exhibit Q. Exhibit E Page 77 of 733 3. Term. The term of the Agreement commenced on the effective date of the Agreement and continues for a term ending on the thirty-second (32nd) anniversary of the effective date of the Agreement, unless extended. 4. Notice. This Memorandum is being executed by the parties solely to give public notice of the interest of Lessee in the Demised Premises and is not intended to modify, amend or alter in any respect whatsoever, the terms, covenants and agreements contained in the Agreement. 5. Counterparts. This Memorandum may be executed in one or more counterparts, each of which is an original, but all of which together shall constitute one and the same instrument. [Signatures and Acknowledgements Appear on Following Pages] Exhibit E Page 78 of 733 IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum on the date hereinabove written. Executed in the presence of: Lessor: Name: Name: STATE OF FLORIDA COUNTY OF By: Name: Title: ACKNOWLEDGEMENT )ss: On this day of 20 , before me, the undersigned notary public, personally appeared , as of , personally known to me to be the person who subscribed to the foregoing instrument or who has produced as identification, and acknowledged that he/she executed the same on behalf of said and that he/she was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Exhibit E Page 79 of 733 Executed in the presence of: Lessee: Name: Name: Florida Power & Light Company, a Florida corporation By: Name: Alex Rubio Title: Vice President of Corporate Real Estate ACKNOWLEDGEMENT STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) On this day of , 20 , before me, the undersigned notary public, personally appeared Alex Rubio, as Vice President of Corporate Real Estate of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument or who has produced , as identification, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Exhibit E Page 80 of 733 J IL LL Page 82 of 733 � � _ E m B Page 85 0 733 0 G Page 87 of 733 10 �~ :2 ) \: � § ^� ( LOU d 0 m 7: ----------------------------- Al Page 89 of 733 1�i Zi KI Page 90 of 733 rg 9,0 PE: Ak m 4 I Page 91 of 733 a ■ Page 91 of 733 a 6.C. CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-007 -Authorize the City Manager to execute all documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant that was awarded to the City for the purchase and installation of a multi-purpose, accessible playground at Barrier Free Park and other related improvements, accept the grant and execute the Grant Agreement subject to the approval of the City Attorney. EXPLANATION OF REQUEST: AGREEMENT PERIOD: July 1, 2016 thru June 30, 2019 The grant will provide $50,000 towards the purchase and installation of the new playground, and it will include adding a picnic facility at the Park, and minor renovations to existing tennis courts at the Tennis Center. The total cost of the project is estimated to be $250,000. The Park Impact Fee Fund will be used to provide the additional funding. The project must be completed no later than June 30, 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The new playground will add another exciting element to Barrier Free Park that will allow children of all abilities to play together. FISCAL IMPACT. Budgeted Total project cost is estimated at $250,000. Funding for project is included in the FY 2016/16 CIP Budget (302-233-572.32 - Project #RP17-01) ALTERNATIVES: Do not authorize the City Manager to execute all documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant, accept the grant, and execute the Grant Agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Page 92 of 733 Grant Amount: $50,000 ATTACHMENTS: Type REVIEWERS: Department Recreation & Parks Finance Legal City Manager Description Resolution authorizing City Manager to sign grant documents Grant Agreement Reviewer Action Majors, Wally Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 1/4/2017 ® 9:17 AM 1/4/2017 ® 2:32 PM 1/11/2017 ® 11:13 AM 1/12/2017 ® 1:18 PM Page 93 of 733 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 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN ALL DOCUMENTS ASSOCIATED WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT THAT WAS AWARDED TO THE CITY FOR THE PURCHASE AND INSTALLATION OF A MULTI-PURPOSE, ACCESSIBLE PLAYGROUND AT BARRIER FREE PARK AND OTHER RELATED IMPROVEMENTS AND ACCEPT AND SIGN THE GRANT AGREEMENT SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has been awarded a grant for the purchase and installation of a multi- purpose, accessible playground at Barrier Free Park and other related improvements; and WHEREAS, this grant does not require a cash match; and WHEREAS, the Florida Department of Environmental Protection administers FRDAP; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize the City Manager to accept the grant and sign the Grant Agreement and all documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant awarded to the City in the amount of $50,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes the City Manager to accept the grant in the amount of $50,000.00, and sign the Grant Agreement and all documents associated with the C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\264B5BB4-526F-427E-9B12-36B805516279\Boynton Beach. 4911.1.FRDAP Grant Agmt (2017)_-_Reso.doc Page 94 of 733 31 Florida Recreation Development Assistance Program (FRDAP) grant on behalf of the City of 32 Boynton Beach for the purchase and installation of a multi-purpose, accessible playground at 33 Barrier Free Park and other related improvements in forms subject to the approval of the City 34 Attorney. 35 Section 3. This Resolution shall become effective immediately upon passage. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\264B5BB4-526F-427E-9B12-36B805516279\Boynton Beach. 4911.1.FRDAP Grant Agmt (2017)_-_Reso.doc Page 95 of 733 DEP AGREEMENT NO. A7051 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AGREEMENT PURSUANT TO LINE ITEM 1698A OF THE FY2016-2017 GENERAL APPROPRIATIONS ACT FOR DEVELOPMENT OF LAND FOR PUBLIC RECREATION PURPOSES THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department') and the CITY OF BOYNTON BEACH, whose address is 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435 (hereinafter referred to as "Grantee"), a local governmental entity, to provide financial assistance in furtherance of an approved public outdoor recreation project known as Congress Avenue Barrier Free Park, Project Number A17051 (hereinafter referred to as the "Project"). Collectively, the Department and the Grantee may be referred to as "Parties" or individually as a "Party". For purposes of this Agreement, the terms "Grantee" and "Recipient' are used interchangeably. WHEREAS, the Department is authorized to administer the Florida Recreation Development Assistance Program (FRDAP), in accordance with Section 375.075, F.S.; and, WHEREAS, pursuant to Subsection 62D-5.055(5), Florida Administrative Code (F.A.C), this Project, as it appears on the Recommended Application Priority List for Fiscal Year (FY) 2016-17, was approved by the Secretary of the Department, submitted to the Executive Office of the Governor and to the Florida House and Senate Appropriations Committee for funding consideration, and was awarded FRDAP funds for the development of land for public outdoor recreation purposes; and, WHEREAS, the Grantee, as a recipient of the FRDAP grant funds, administered and monitored by the Department, is responsible for complying with all federal and state laws and local rules and regulations during performance of its activities pursuant to this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein and pursuant to Section 375.075, F.S., and Chapter 6213-5, F.A.C., the Parties hereto agree as follows: 1. TERMS OF AGREEMENT: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, additionally described in Attachment A, Project Work Plan, including all attachments, guidelines, forms, and exhibits named herein, which are attached hereto and/or incorporated by reference. The Grantee acknowledges that receipt of this Grant does not imply nor guarantee that a federal, state or local permit will be issued for a particular activity to complete the Project. Further, the Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any Project Work Plan activity that may fall under applicable federal, state or local laws. Administrative Forms, Reimbursement Forms and guidelines referenced in this Agreement may be found at http://dep.state.fl.us/lands/Land_and Recreation/Land Recreation.htm or by contacting the Department's Grant Manager. The Project site(s) shall be open at reasonable times and shall be managed in a safe and attractive manner. This Agreement is not transferable. Prior to commencement of Project, the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on Attachment B, Commencement Documentation Checklist, DRP -107, attached hereto and made a part hereof. Upon satisfactory approval by the Department, the DEP Agreement No.: A7051, Page 1 of 16 FRDAP FY16-17 Page 96 of 733 Department will issue written "Notice to Commence" to the Grantee. Unless and until the Department issues the "Notice to Commence" authorizing Grantee to commence the Project, the Department shall not be obligated to pay or reimburse Grantee for fees, costs, or general expenses of any kind, which were incurred prior to the "Notice to Commence", except for eligible Pre -Agreement Expenses as more fully described in Subsection 62D-5.054(34), F.A.C. 2. PERIOD OF AGREEMENT: This Agreement shall be effective upon execution by both Parties and remain in effect for a period of three (3) years from the date of the State of Florida's ("State") fiscal year in which funds are appropriated, July 1, 2016, until midnight on June 30, 2019, inclusive. If Project is not completed by midnight on June 30, 2019, then this Agreement shall be terminated and the Project funds shall revert to the revenue fund from which they were appropriated (paragraph 62D -5.058(7)(a), F.A.C.). The Grantee shallbe entitled to reimbursement of eligible Pre -Agreement Expenses for expenses incurred on or after July 1, 2016, until the effective date of full execution of this Agreement. 3. FUNDING/CONSIDERATION/INVOICING: The Grantee shall be eligible for authorized reimbursement, in whole or in part, for costs pursuant to FRDAP guidelines regarding Department -approved Pre -Agreement Expenses and, if applicable, costs associated with Retroactive Projects, through the Project completion date of this Agreement, provided that the cost(s) meet all requirements and financial reporting of the FRDAP program and, rules and regulations applicable to expenditures of state funds, hereby adopted and incorporated by reference. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $50,000.00. The Parties acknowledge and agree that this Agreement does not require a match on the part of the Grantee. It is understood that any additional funds necessary for the completion of this Project are the responsibility of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. A Change Order to this Agreement may be used when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Paragraph 3.E., are less than ten percent (10%) of the total budget as last approved by the Department. All Change Orders are subject to the mutual agreement of both Parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount; a change in the Grantee's match requirements; a change in the expiration date of the Agreement; and/or, changes to the cumulative amount of funding transfers between approved budget categories, as defined in Paragraph 3.E., exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both Parties as evidenced in writing. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project Costs upon the completion, submittal and approval of each Deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment C, Payment Request Summary Form, DRP -115. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.mvflofidacfo.com/aadir/reference gUide. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and DEP Agreement No.: A7051, Page 2 of 16 FRDAP FY16-17 Page 97 of 733 post -audit thereof. A final payment request should be submitted to the Department within sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. D. Project Costs, Pre -Agreement Expenses and Cost Limits: Project Costs shall be reimbursed as provided for pursuant to paragraph 62D -5.058(2)(a), F.A.C., and as provided herein. Project Costs, except for Pre -Agreement Expenses, shall be incurred between the effective date of the Agreement, and the Project completion date asset forth in the Project Completion Certification determined and identified herein. Costs for appraisals, appraisal review, surveys (boundary and topographic), title searches and Project signs are eligible Project Costs. If the total cost of the Project exceeds the grant amount and the required match (if applicable), Grantee must pay the excess cost. ii. Pre -Agreement Expenses, pursuant to Subsection 62D-5.054(34), F.A.C., means expenses incurred by a Grantee for accomplishment of an eligible FRDAP project prior to full execution of a project agreement. Parties hereby acknowledge and agree, Grantee is entitled to submit for cost -reimbursement eligible Pre -Agreement Expenses, which are expenses Grantee incurred for the accomplishment of the Project prior to full execution of this Agreement. iii. Cost Limits, pursuant to paragraph 62D -5.058(2)(b), F.A.C., allows for Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, Project inspection, and other similar fees, as eligible Project Costs provided that such costs do not exceed fifteen percent (151/o) of the Project cost. E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment D, Contract Payment Requirements. The Payment Request Summary Form, Attachment C, shall be accompanied by supporting documentation and other requirements as follows for each deliverable. Reimbursement shall be limited to the following budget categories: Salaries/Wages (Grantee Labor) — The Grantee may be reimbursed for direct salaries or multipliers (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) for Grantee's employees, as listed on the Grantee's approved Cost Analysis to be submitted pursuant to Attachment A, Project Work Plan, Task 1. ii. Overhead/Indirect/General and Administrative Costs — All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. a. Fringe Benefits (Employee Benefits) — Shall be calculated at the rate up to 40% of direct salaries. b. Indirect Cost — Shall be calculated at the rate of 15% of direct cost. iii. Contractual Services (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that DEP Agreement No.: A7051, Page 3 of 16 FRDAP FY16-17 Page 98 of 733 multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Nonexpendable and/or nonconsumable personal property or equipment costing $1,000 or more purchased for the purposes of completing the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapters 69I-72, F.A.C., and/or 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified herein. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. All subcontracts are subject to the provisions of Paragraph 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. iv. Rental/Lease of Equipment — Reimbursement requests for the rental/lease of equipment must include copies of invoices or receipts to document charges. Equipment —(Capital outlay costing $1,000 or more) —Reimbursement for the Grantee's direct purchase of equipment is governed by Paragraph 23 of this Agreement. vi. Miscellaneous/Other Expenses — Direct purchases, for example materials, supplies, Grantee stock, non -excluded phone expenses, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorney's fees, civil or administrative penalties, or handling fees, such as set percent overages associated with purchasing supplies or equipment. F. In addition to the invoicing requirements contained herein, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.myflofidacfo.com/aadir/reference aide/. DEP Agreement No.: A7051, Page 4 of 16 FRDAP FY16-17 Page 99 of 733 G. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) is received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. ANNUAL APPROPRIATION: The Department's performance and obligation to award program grants are contingent upon an annual allocation from the Recommended Application Priority List and/or appropriation by the Florida Legislature. The Department shall distribute FRDAP funds as reimbursement grants to applicants eligible pursuant to Rule 62D-5.055, F.A.C. The Parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 5. REPORTS: The Grantee shall utilize Attachment E, Project Status Report Form, DRP -109, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates and proposed work for the neat reporting period. The Project Status Reports shall be submitted to the Department's Grant Manager no later than May 5, September 5 and January 5. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. 6. RETAINAGE: The Department shall retain ten percent (10%) of the grant until the Project has been completed and approved by the Department. Upon completion of the Project and prior to the release of the final payment the Grantee shall submit all documents described in Attachment F, Completion Documentation Checklist, DRP -111, to the Department and the Department shall approve the completion of such documentation, pursuant to FRDAP requirements and additionally set forth in paragraph 62D -5.058(7)(d), F.A.C., in order for the Grantee to receive the retained ten percent (10%). The Department may perform an on-site inspection of the Project site to ensure compliance with the Project Agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior to disbursement of final payment. DEP Agreement No.: A7051, Page 5 of 16 FRDAP FY16-17 Page 100 of 733 7. PROJECT COMPLETION CERTIFICATION: Project completion means the Project is open and available for use by the public. In order to certify completion, the Grantee shall submit to the Department Attachment G, Project Completion Certification, DRP -112. The Project must be designated complete prior to release of final reimbursement. 8. INDEMNIFICATION: Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 9. DEFAULT/TERMINATION/FORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days' written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (3 0) calendar days' written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the Parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an Amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 10. REMEDIES/FINANCIAL CONSEQUENCES: A. No payment will be made for fees, costs, general expenses of any kind and any other costs associated with Deliverables completed or incurred prior to Grantee receiving a Department issued "Notice to Commence". No payment will be made for Deliverables deemed unsatisfactory by the Department. In the event that a Deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a DEP Agreement No.: A7051, Page 6 of 16 FRDAP FY16-17 Page 101 of 733 satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. B. If the Grantee fails to comply with the terms stated in this Agreement or with any provisions in Rule 62D-5.059, F.A.C., the Department shall terminate this Agreement and demand return of the program funds (including interest). Furthermore, the Department shall declare the Grantee ineligible for further participation in FRDAP until such time as compliance has been obtained. 11. RECORD KEEPING/AUDIT: A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States Generally Accepted Accounting Principles (U.S. G.A.A.P.) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. C. The Grantee agrees that if any litigation, claim, or audit commences before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. DEP Agreement No.: A7051, Page 7 of 16 FRDAP FY16-17 Page 102 of 733 12. SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding Paragraph, the Grantee shall comply with the applicable provisions contained in Attachment H, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment H summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment H. A revised copy of Exhibit 1 must be provided to the Grantee for each Amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager listed in Paragraph 19 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment H, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: bLtps://apps.fldfs.com/fsaa/ C. The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 13. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager, except for certain fixed-price subcontracts pursuant to Paragraph 3.E. of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) calendar days after execution of the subcontract. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 14. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which fifty percent (50%) or more of the cost will be paid from state -appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: The contractor's maintaining an office or place of business within a particular local jurisdiction; DEP Agreement No.: A7051, Page 8 of 16 FRDAP FY16-17 Page 103 of 733 ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph 14.A., above, a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph 14.A. 15. SIGNAGE: The Grantee shall erect a permanent information sign on the Project site which credits funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. The sign shall be installed on the Project site and approved by the Department before the final Project reimbursement request is processed. 16. LOBBYING PROHIBITION: In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Florida Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F. S., no state funds, exclusive of salaries, travel expenses, and per diem appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 17. COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 18. NOTICE: All notices and written communication between the Parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the Parties at the addresses identified under Paragraph 19. 19. CONTACTS: The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at the time of execution for this Agreement is: Tamika Bass or Successor Community Assistance Consultant Florida Department of Environmental Protection Office of Operations Land and Recreation Grants Section 3900 Commonwealth Boulevard, MS# 585 Tallahassee, Florida 32399-3000 Telephone No.: (850) 245-2501 E-mail Address: Tamika.BassAdep.state.fl.us DEP Agreement No.: A7051, Page 9 of 16 FRDAP FY16-17 Page 104 of 733 The Grantee's Grant Manager at the time of execution for this Agreement is: Mr. Wally Majors or Successor Recreation & Parks Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Telephone No.: 561-742-6255 Fax No.: 561-742-6233 E-mail Address: majorswAbbfl.us In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with acknowledgement by the other parry will be acceptable. Any subsequent Change Order or Amendment pursuant to Paragraph 3.13. should include the updated Grant Manager information. 20. INSURANCE: A. Providing and maintaining adequate insurance coverage is amaterial obligation of the Grantee. This insurance must provide coverage for all claims that may arise from the performance of the work specified under this Agreement, whether such work is performed by the Grantee, any sub -grantee, or Grantee's contractors. Such insurance shall include the State of Florida and the Department, as Additional Insureds for the entire length of the Agreement. B. Coverage may be by private insurance or self-insurance. The Grantee shall provide documentation of all required coverage to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days' written notice (with the exception of non-payment of premium, which requires a 10 - calendar -day notice) to the Department's Grant Manager. If the Grantee is self-insured for any category of insurance, then the Grantee shall provide documentation that warrants and represents that it is self-insured for said insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee for the entire length of the Agreement. C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as specified below. In addition, the Grantee shall include these requirements in any subgrant or subcontract issued for the performance of the work specified under this Agreement, unless such subgrant or subcontractor employees are covered by the protection afforded by the Grantee. Workers' Compensation Insurance is required for all employees connected with the work of this Project. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide proof of adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. ii. Commercial General Liability Insurance is required, including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $300,000 each occurrence. iii. Commercial Automobile Liability Insurance is required, for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or DEP Agreement No.: A7051, Page 10 of 16 FRDAP FY16-17 Page 105 of 733 operations are by the Grantee or any of its contractors. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company - Owned Vehicles, if applicable $300,000 Hired and Non -owned Automobile Liability Coverage iv. Other Insurance may be required if any work proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions concerning required coverage should be directed to the U.S. Department of Labor (hi[p://,",ww.dol.gov/owcp/dlh,",c/lscontac.htm) or to the parties' insurance carrier. 21. CONFLICT OF INTEREST: The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 22. UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 23. EQUIPMENT: Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 24. QUALITY ASSURANCE REQUIREMENTS: If the Grantee's Project involves environmentally -related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet Project objectives and to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, F.A.C., as may be amended from time to time, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment I, Quality Assurance Requirements for Contracts and Grants, if applicable. If the Project does not involve environmentally -related measurements or data generation, this Attachment shall not be required and shall be intentionally excluded. 25. DISCRIMINATION: A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section 287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with DEP Agreement No.: A7051, Page 11 of 16 FRDAP FY16-17 Page 106 of 733 any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 26. LAND ACQUISITION: Land Acquisition, where title to land acquired with FRDAP funds vest in a Grantee, is not authorized under the terms of this Agreement. 27. SITE DEDICATION: A. Grantee has an interest and/or right to real property, whereby FRDAP funding is appropriated to develop an approved public outdoor recreation project, as more fully described in Attachment A. Such interest and/or right is subject to use in perpetuity for the purposes described in this Agreement. Land owned by Grantee, which is developed with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreational site for the use and benefit of the general public. Land under control other than by ownership of Grantee such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the Project completion date as set forth in the Project Completion Certification. The dedications must be recorded by Grantee in the official public property records. Any applicable recording fees are the sole responsibility of Grantee B. Should the Grantee's interest and/or right to the land referenced herein change, either by sale, lease, or other written legal instrument, the Grantee is required to notify the Department in writing of such change no later than ten (10) days after the change occurs, and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. 28. PHYSICAL ACCESS AND INSPECTION: Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 29. PUBLIC RECORDS ACCESS: A. Grantee shall comply with Florida Public Records Law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Subsection 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, F. S., and Article I, Section 24(a), Florida Constitution. DEP Agreement No.: A7051, Page 12 of 16 FRDAP FY16-17 Page 107 of 733 C. If Grantee meets the definition of "Contractor" found in Paragraph 119.0701(1)(a), F.S.; [i.e., 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 agency], then the following requirements apply: Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under Section 119.10, F.S. ii. Upon request from the Department's custodian of public records, Grantee shall 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. iii. Grantee shall identify and ensure that all 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 Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the information technology systems of the Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsman jr dep. state. fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 DEP Agreement No.: A7051, Page 13 of 16 FRDAP FY16-17 Page 108 of 733 30. SCRUTINIZED COMPANIES: Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F. S. In addition, Grantee agrees to observe the requirements of Section 287.135, F. S., for applicable sub - agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F. S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 31. EXECUTION IN COUNTERPARTS: This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. 32. SEVERABILITY CLAUSE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 33. ENTIRE AGREEMENT: This Agreement represents the entire agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the Parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No.: A7051, Page 14 of 16 FRDAP FY16-17 Page 109 of 733 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF BOYNTON BEACH By: Signature of Person Authorized to Sign Print Name and Title Date: Address: Attest: By: Grantee Attorney FEID No.: 59-6000282 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Print Name and Title Date: Approved as to form and legality: �. 4 12/20/2016 DEP Attorney For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement (web links provided, when available): Specify Letter/ Type Number Description Attachment A Project Work Plan (2 Pages) Attachment B Commencement Documentation Checklist — DRP -107 (2 pages) (http://www.dep.state.fl.us/Parks/OIRS/FORMS%202015%2OREVISED/Commencemen t0/o20Checkhst.pdt) Attachment C Payment Request Summary Form — DRP -115 (2 Pages) (http://www. dep. state.fl.us/Parks/OIRS/FORMS%202015%2OREVISED/PAYMENT%2 OREQUEST%20 SUMMARY%20FORM%20NEW. poll Attachment D Contract Payment Requirements (I Page) Attachment E Project Status Report Form — DRP -109 (2 Pages) (http://www. dep. state.fl.us/Parks/OIRS/FORMS%202015%20REVISED/STATUS%2OR EPORT.pdI) Attachment F Completion Documentation Checklist — DPR-111 (2 Pages) (http://www. dep. state.fl.us/Parks/0IRS/FORMS%202015%2OREVISED/COMPLETION O/o2ODOCUMENTATION%2OCHECKLIST%2ONEW.pd,o DEP Agreement No.: A7051, Page 15 of 16 FRDAP FY16-17 Page 110 of 733 Attachment G Project Completion Certification —DRP -112 (2 Pages) (h"://www.dep.state.fl.us/Parks/OIRS/FORMS%202015%20REVISED/PROJECT%20 COMPLETION%20CERTIFICATION%20NEW.pdtl Attachment H Special Audit Requirements (5 Pages) Attachment I Attachmentlntentionally Excluded DEP Agreement No.: A7051, Page 16 of 16 FRDAP FY16-17 Page 111 of 733 Cl cz .U. 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O � 0o o � � � � a" z cz OU N�, '� �, . u cz N , O O N Ln U cd a U �j �--, G �" N Ln p" U cz Q c a� cz c c" 0 cz U H cz ro ctro O a" o cz y ro u" QC 'C U �y CC � z Q cz act"" cz u cz cz F •." _ U �b z cz —cz CZ 9 O � 0 u cz 'O 'C O r" ct Q O U s, 0 w o ¢ ct u CZ In 5 05 cz OD cz CZ IX � a O U U z O cz W Ed G Florida Department of Environmental Protection ATTACHMENT D FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM CONTRACT PAYMENT REQUIREMENTS Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference ggide.htm DEP Agreement No.: A7051, Attachment D, Page I of I FRDAP 16-17 Page 115 of 733 ATTACHMENT H SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART L• FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov DEP Agreement No.: A7051, Attachment H, Page I of 5 FRDAP 16-17 Page 116 of 733 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:Hgpps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www. myflofida. com/audge,_n/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No.: A7051, Attachment H, Page 2 of 5 FRDAP 16-17 Page 117 of 733 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAudit(a_dep. state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hqp://harvester.census.gov/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR § 200.512. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAudit(a_dep. state.fl.us Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAudit(a_dep. state.fl.us DEP Agreement No.: A7051, Attachment H, Page 3 of 5 FRDAP 16-17 Page 118 of 733 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAuditA_dep. state.fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.: A7051, Attachment H, Page 4 of 5 FRDAP 16-17 Page 119 of 733 V� 4-y 0 ro P� d 0 M 0 z cz z cz z U • 0 0 � U U � � 69 Ste. SO. � w r w •O �I N � � o � O O w � O Q U 0 U 69 � w Ste. 0 U U Q O � a Q � G� � U 0 U u d Ln w w U S. O w o � Q w, w U 0 V� 4-y 0 ro P� d 0 M 0 z cz z U • 0 0 � U U � � Ste. SO. � w r � �I N � � o � O S. w w O IX 69 � w 0 U U N O � �I Q � G� � w 0 0 U O Ln w w w o � Q w, CSC U 0 s, a 9: W � f� o � w O r L CC U Ln �, V] 0 U S. w o s, a a O Awa � �z V� 4-y 0 ro P� d 0 M 0 z U • 0 0 � U w r � N � � o � O 69 � w 0 U N � IX o G� � O bA Q O O Ln w w w o o w, 0 U f� O r L CC U Ln �, V] 0 w o s, a N FSI U � � •� i�,�� v� cz a. ct U p U S. IX N aZ O� V� 4-y 0 ro P� d 0 M I CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-008 -Approve and authorize the City Manager to sign an Agreement for Water Service outside the City limits with James M Colby and Sherry A Colby for the property at 1101 Peak Road, Lantana, FL 33462. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, West of Federal Highway and North of Miner Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. The owner agrees to be responsible for all costs to provide service to the owner's premises. No additional construction is required by the City to serve this property. FISCAL IMPACT. Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has restriction #19 that states "The Permittee shall notify the District within 30 days of any change in the service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction." Although it is highly unlikely that refusal to serve one property would trigger modification or reduction of the annual allocation, this provision should be noted. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 121 of 733 ATTACHMENTS: Type D Resolution D Agreement D Attachment REVIEWERS: Department Utilities -Customer Service Finance Legal City Manager Description Resolution approving WSAfor 1101 Peak Road W 1101 Peak Rd backup Reviewer Action Stanzione, Tammy Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 1/10/2017 ® 4:40 PM 1/10/2017 ® 4:50 PM 1/11/2017 ® 1:35 PM 1/12/2017 ® 1:18 PM Page 122 of 733 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND JAMES M. COLBY AND SHERRY A. COLBY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1101 Peak Road, Lantana, FL 33462 (Parcel Control Number 00-43-45-09-09-000-2670); and WHEREAS, the parcel covered by this agreement is a single-family home located in the unincorporated Palm Beach County portion of the City's utility service area; and WHEREAS, the property historically receives water from a well and the owner requests that the City provide potable water in the future; and WHEREAS, No additional construction is required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and James M Colby and Sherry A. Colby, a copy of which Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\COCAA5B4-A366-40EE-8DA9-6FA7989B1316\Boynton Beach.4915.1.1101_Peak Rd Water Service_ Agreement-_Reso.docx Page 123 of 733 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 56 57 58 59 60 61 PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\COCAA5B4-A366-40EE-8DA9-6FA7989B1316\Boynton Beach.4915.1.1101_Peak Rd Water Service_ Agreement-_Reso.docx Page 124 of 733 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) This Agreement, made on this day of , 20_, by and between: James M. Colby and Sherry Agnell Colby hereinafter called the "Owner(s)," and THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City." WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water service from the City Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: County Property Appraiser's Property Control Number (PCN) 00-43-45-09-09-000-2670 LEGAL DESCRIPTION: Lot 267, RIDGE GROVE — ADDITION NO 1, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 22, page 43, said lands situate lying and being in Palm Beach County, Florida. 2. The City agrees to provide Owner(s) with water services from the City Water System only as necessary to service the Property. 3. Owner(s) shall not use or supply water it receives from the City to service or benefit any property other than the Property described in paragraph 1 above, unless written permission is granted by the City of Boynton Beach. Page 1 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 862g-612125of 733 (3).doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 4. The Property requires l (specify number) Equivalent Residential Connection(s). 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and inspection of the facilities as required by the City Code to provide service to the Owner(s)'s Property. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. 8. Any water main extension made under the Agreement shall be used only for Property of the Owner(s), unless written permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Ordinances and regulations of Boynton Beach. 9. Ownership and title to all mains, extensions, and other facilities extended from the City Water Distribution System to and including the metered service to Owner(s) shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Code of Ordinances and rate schedules which are now applicable or as may be changed from time to time. 11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all base facility and water use charges to the Property. 12. Any rights-of-way or easements needed by the City to provide water to the Property shall be provided by the Owner(s) and at the Owner(s)'s expense. 13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his or her transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of Owner(s)'s actual request for commencement of service, as determined by the City's Director of Utilities, then this CITY, without liability, may refuse to initiate service to the subject Property. Page 2 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 862g-612126of 733 (3).doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 14. The Owner(s) further agrees in consideration of the privilege of receiving water service from said City, that the execution of this Agreement is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a request by the Owner(s) for annexation under such other laws. The Property shall be subject to annexation at the option of the City at any time eligible under any one or more of the above -referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this property of this voluntary Petition for Annexation and its applicabilities to such purchasers. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agreement. 16. It is agreed that the City shall have no liability in the event there is a reduction, impairment, or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances 17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, its Mayor, Members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Owner(s)'s obligation under or performance pursuant to this Agreement, including disputes for breach of warranty of title. 18. No prior or present agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the Property which is the subject of this Agreement. 20. In the event of a sale of the Property by Owner(s), Owner(s) agrees to provide written notice of the existence of this Agreement to the buyer of the Property prior to or in conjunction with the closing of the sale transaction. Page 3 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 862g-612127of 733 (3).doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 20_. Sealed and delivered in the presence of: TWO WITNESSES as to each Owner: First Witness Signature Printed Witness Name Second Witness Signature Printed Witness Name First Witness Signature Printed Witness Name Second Witness Signature Printed Witness Name FOR OWNER(S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) INDIVIDUAL(S) AS OWNER(S): Owner Signature Printed Owner Name Owner Signature Printed Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in the County of Paha Beach to take acknowledgments, personally appeared as the Owner(s) named in the foregoing Agreement and that he/she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily and that the individual was personally known to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,20_ (Notary Seal) My Coinmission Expires: Notary Public Signature Printed Name of Notary Public Commission Number: Page 4 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8ag12128 of 733 (3).doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) CITY OF BOYNTON BEACH, FLORIDA A Florida municipal corporation Lori LaVerriere, City Manager ATTEST: City Clerk Approved as to Foran: City Attorney STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before ane, an officer duly authorized in the State of Florida and in the County of Patin Beach, to take acknowledgments, personally appeared Lori LaVerriere, Interim City Manager and Janet Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally acknowledged executing same and voluntarily under authority duly vested in thein by said City and that the City seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 20_ (Notary Seal) My Commission Expires: Notary Public Signature Printed Notary Public Name Coinmission No. Page 5 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8c72g@2129 of 733 (3).doc Page I of I coryl Parcel Control Number 00-43-45-09-09-000-2670 Subdivision RIDGE GROVE ADD I IN Official Records Book 04718 Page 0638 Sale Date NOV-1985 Legal Description RIDGE GROVE ADD NO I LT 267 Owners Mailing address COLBY JAMES M & DAKTREE REALTY C/O 1861 FINN HILL DR ,,COLEY SHERRY A BOYNTON BEACH FL 33426 9330 Use Code 0100 - SINGLE Zoning RM --Multi-Family (Medium Density) (00- FAMILY UNINCORPORATED) Tax Year 2016 2015 2014 Improvement Value $53,991 $53,054 $401,852 Land Value $9,962 $8,663 $6,930 Total Market Value $631,953 $61,717 $471,782_ Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax 2016 2015 $37,219 $o 540,941 $37,219 2016 2015 N $1,213 $976 $312 $1,188 WN $33,835 1 $01 _..$33,835= 2014 $7421 $316} m Page 131 0 733 t � , Z\2PW coe \\� � /^� ~ m Page 131 0 733 6.E. CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-009 -Approve and authorize the City Manager to sign an Agreement for Water Service outside of the City limits with Angela Edythe Erb and Ross A Caranci for the property at 7089 Lawrence Road, Boynton Beach, FL 33436. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, West of Lawrence Road, South of Hypoluxo Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. The owner agrees to be responsible for all costs to provide service to the owner's premises. No additional construction is required by the City to serve this property. FISCAL IMPACT. Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has restriction #19 that states "The Permittee shall notify the District within 30 days of any change in the service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction." Although it is highly unlikely that refusal to serve one property would trigger modification or reduction of the annual allocation, this provision should be noted. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 132 of 733 Grant Amount: ATTACHMENTS: Type FbiIIIIIIIIIIrmn REVIEWERS: Department Reviewer Utilities -Customer Service Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Water Service Agreement at 7089 Lawrence Road W 7089 Lawrence Rd Backup Action Date Approved 1/3/2017 ® 8:30 PM Approved 1/4/2017 ® 8:05 AM Approved 1/10/2017 ® 2:09 PM Approved 1/11/2017 ® 8:58 AM Page 133 of 733 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND ANGELA EDYTHE ERB AND ROSS A. CERANCI; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 7089 Lawrence Road, Boynton Beach, FL 33436 (Parcel Control Number 00-42-45-12-02-001-0040); and WHEREAS, the parcel covered by this agreement is located in the unincorporated Palm Beach County portion of the City's utility service area; and WHEREAS, the property historically receives water from a well and the owner requests that the City provide potable water in the future; and WHEREAS, no additional construction is required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and Angela Edythe Erb and Ross A. Caranci, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\432BA772-5E24-40C2-9264-83046E062B73\Boynton Beach. 4899.1.7089 Lawrence Road WSA - Reso.docx Page 134 of 733 30 31 PASSED AND ADOPTED this day of , 2017. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\432BA772-5E24-40C2-9264-83046E062B73\Boynton Beach. 4899.1.7089 Lawrence Road WSA - Reso.docx Page 135 of 733 LAM Zj 04 0105 1 5i"'� 0 UU7VUNTFTW.,13:1 11 EXXILMN (Individuals) This Agreement, made on this day of 20 3 ___, by and betweeia W!11'�� 11111��p 4 ?1 -MM M T &-f-TITI-Ifil Ah -AC called the "City." too i V V I . Owner(s) represents 111ovenants that it owns the following described real property (hereinafter 'Troperty") located outside the boundaries of the City, but in the City's water and wastewater service area: MOMMM =Q I oil 111 11,11L 1 117,1111 nil MOM, ORIN M -M.; Beach County, Florida, Recorded in Plat Book, 9, Page 74. 2. The City agrees to provide Owner(s) with water services from the City Water System only as necessary to service the Property. "IM"penj oLner Man Vie f ropM Ly UESUMM in paragrapn I doove, unless wTiuen permission is granted by the City of Boynton Beach. A y'11MMUM S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-2 (3).doc Vade 136 of 733 AGAn'EMENT FOR WATER SERVICE OUTSIDE THE CITY LIMI AND COVENANT FOR ANNEXATION (Individuals) I 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and inspection of the facilities as required by the City Code to provide service to the Owner(s)'s Property. 6. The Owner(s) shall be responsible for installation and. conformance with all applicak&- codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owncr(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. 8. Any water main extension made under the Agreement shall be used only for Property of the Owner(s), unless written pennission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Ordinances and regulations of Boynton Beach. 9. Ownership and title to all mains, extensions, and other facilities extended from th& City Water Distribution System to and including the metered service to Owner(s) shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Code of Ordinances and rate schedules which are now applicable or as may be changed from time to time. 11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all base facility and water use charges to the Property. am, 13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his or her transferees, grantees, heirs, successors, and assigns, that all water to be ftmiished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of Owner(s)'s actual request for commencement of service, as determined by the City's Director of Utilities, then this CITY, without liability, may refuse to initiate service to the subject Property. Page 2 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-2 (3).doc 3lide 137 of 733 Sh"A0, ICE U"'V't h YtE CITT LIMITJ AND VVIrLI; -AVI I T -TI TJWTTITZI�X (Individuals) from said City, that the execution of this Agreement is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a request by the Owner(s) for annexation under such other laws. The Property shall be subject to annexation at the option of the City at any time eligible under any one or more of the above -referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this property of this voluntary Petition for Annexation and its applicabilities, to such purchasers. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby ma& a covenant running with the land described in paragraph I above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agreement. 16. It is agreed that the City shall have no liability in the event there is a reduction, impairment, or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the City SWILY.2yr-alt M -t service --asualties, or other circumstances 17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, its Mayor, Members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgrnent collection) and costs rising out of or resulting from the Owner(s)'s obligation under or performance pursuant to this Agreement, including disputes for breach of warranty of title. is. No prior or present agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficiaj title to the Property which is the subject of this Agreement. 20. In the event of a sale of the Property by Owner(s), Owner(s) agrees to provide written notice of the existence of this Agreement to the buyer of the Property prior to or in conjunction with the closing of the sale transaction. S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-2 hi� 138 Of732 kGREE!',&E!1TF*,A "ITATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 20 . Scaled and delivered in the presence of-. 11P1,1110WIVAN 9�� =061 Prhited Witness Nwne W Printed Witness Name First Witness Signature Second Witness Signature Printed Witness Name POR OVINER(S) NOTARIZATION: Er FLORIDA ) ss: COUNTY OF PALM BEACH A Owner Signature Printcd Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in the County of Palm Beach to take acknowledgments, personally appeared as the JvawF(&) A4."�i i subscribing witnesses firely and voluntarily and that the individual was personally known to me or provided the following proof of identification: V I , , qj nd State last aforesaid this _ day of zax�� Notary hiblic Signature Prinuxi Narne of Notary Public Conmnission Nianber Page 4 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-2 �r� 139 of 73-3 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) I # : # I 1 0 1 ftywr0trIN814 4194 oil rvlv I I an City Clerk =E= STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH Lori LaVerriere, City Manager -all Ir1r,19 U -00M affixed thereto is the true corporate seal of said City. &M�= IMosaMMI Me County and State last aforesaid this_ day ................... . 20 Notary Public Signature, Printed Nobuy Public Name My Commission Expires: Commission No. omer Relations\FORMS\Water Service Agreements\WSA (individual) B-2 ft� 140 of 733 Page 1 of 1 Gary R. Nikafits,Exemption CFA HomesteadFPmpefty Aopralser Pakn4ea& County Location Address 7089 LAWRENCE RD Municipality UNINCORPORATED Parcel Control Number 00-42-45-12-02-001-0040 Subdivision 5/D OF 12-45-42, NE 1/4 IN Official Records Book 28734 Page 1130 Sale Date NOV-2016 Legal Description 12-45-42 SUB OF NE 1/4 AMND PL NLY 132.11 FT OF SLY 263.82 FT OF 1/2 OF TR 1 (LESS E 40 FT LAWRENCE RD R/W) Owners Mailing address CARANCI ROSS A & 7089 LAWRENCE RD ERB ANGELA EDYTHE BOYNTON BEACH FL 33436 Sales Date Price OR Book/Page Sale Type Owner NOV-2016 $10 28734/ 01130 QUITCLAIM CARANCI ROSS A & OCT -2016 $0 28671 / 01649 SUMMARY ORDER ERB WENDYJEAN Exemption Applicant/Owner Year Detail ERB SUZY K 2016 Number of Units 1 *Total Square Feet 3216 Acres 0.9251 Use Code 0100 - SINGLE FAMILY Zoning AR - Agricultural Residential ( 00- UNINCORPORATED) Tax Year 201 6 2015 2014 Improvement Value $223,798 $188,983 $161,289 Land Value $86,728 $57,819 $57,819 Total Market Value $310,526 $246,802 $219,108 All values are as of January 1st each year Tax Year 2016 2015 2014 Assessed Value $166,103 $164,948 $163,639 Exemption Amount $50,500 $50,500 $50,500 Taxable Value $115,603 $114,448 $113,139 Tax Year 2016 2015 2014 Ad Valorem $2,255 $2,316 $2,317 Non Ad Valorem $361 $357 $361 Total tax $2,616 $2,673 $2,678 DAHLGAEN P. U. D. PLAT EGUK 98, PAGES 159 6 In 0 If U3 CD cl) L71 m TRACT - - - - - - I N02122'IZIE 132. 15' -1z 33 A > � 1 En mm '33 m S1. z m rn rm 33 z SIT K3 M, m -gyp A.F El Enstims i sr"v s° ISE rN m MW ua -Q— Th. MiMm IL 502.02, 58'M LM M I--- { inMWP� RNumm? I FLNESI . A IV Rtm? v my MD M EAST LINE SECTION 12-45-4 WORM W -WO LW51 L A W A N E R 0 A D k CMEXE G,Nnw m 33 n z CD ®S - M aCD m co Sw, U) c:m d 33 m C-] < :0 o2 Lo I R, MO 71. IZ -ate u ca m m2 11, Ln -< En 9 viaeZ: —gz= m mc z M� ZM Ln N, 1z, M., pg� mm -A CD 'U" z m 81�11R — IS. G2.14 A .11 Art. .M 11 I I m— 0 R M. - CIS .1 A : — iffid ------------------------------------------------------------------------------ Page -T42 -of -733 6.F CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-010 -Approve and authorize the City Manager to sign an Agreement with Florida Atlantic University Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University of Boca Raton, FL to review and update the City's Strategic Plan in the amount of $16,297. EXPLANATION OF REQUEST: The City/CRA developed a Strategic Plan during FY 13/14 that created goals focusing on outcome -based objectives and potential actions for a five (5) year time span, the plan was updated during FY14/15 as was planned to be done on an annual basis. The City utilized the services of Lyle Sumek Associates for the development and update. For the FY 15/16 update, the City reviewed alternatives and utilized a professional agreement with Florida Atlantic University Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government in partnership with Trainnovations. Staff is recommending to utilize an agreement with FAU for the FY 16/17 update. Clients include City of Fort Lauderdale and West Palm Beach, The Town of Jupiter, Village of Tequesta, City of Coral Springs, City of Miami Beach, Village of Islamorada, Broward County, Palm Beach County. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will provide the City/CRA with an annual update to the Strategic Plan. FISCAL IMPACT. Budgeted Funds are included in the FY2016/17 approve budget in line item 001-1211-512- 95-48. ALTERNATIVES: Do not review and update the City's strategic plan. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 143 of 733 Grant Amount: ATTACHMENTS: Type D Agreement D Exhibit REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving and authorizing the City Manager to sign Agreement FAL1 Agreement Exhibit A -Proposal Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 1/6/2017 ® 3:40 PM 1/6/2017 ® 3:40 PM 1/10/2017 ® 4:37 PM 1/11/2017 ® 9:04 AM Page 144 of 733 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES ON BEHALF OF THE JOHN SCOTT DAILEY FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA ATLANTIC UNIVERSITY TO REVIEW AND UPDATE THE CITY'S STRATEGIC PLAN IN THE AMOUNT OF $16,297; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and CRA developed a Strategic Plan during FY 13/14 that created goals focusing on outcome -based objectives and potential actions for a five (5) year 14 period; and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the Strategic Plan was updated during FY 14/15 as was planned to be done on an annual basis; and WHEREAS, in preparing for the FY 15/16 update, staff reviewed alternatives available for the update process and is recommending to enter into a professional agreement with Florida Atlantic University Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government in partnership with Trainnovations who will review the current plan, previous updates, meet with City Commissioners, City Manager and staff to review and update the plan; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign an Agreement with Florida Atlantic University Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University to review and update the City's Strategic Plan in the amount of $16,297. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1841A6E6-B639-4215-BC82-D36727B7440B\Boynton Beach. 4908.1. John_ Scott Dailey_ Inst_Agreement_to review Strategic_Plan_-_Reso.doc Page 145 of 733 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 35 the City Manager to sign an Agreement with Florida Atlantic University Board of Trustees, on 36 behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University 37 to review and update the City's Strategic Plan in the amount of $16,297, a copy of said 38 Agreement is attached hereto and made a part here as Exhibit "A". 39 Section 3. That this Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of , 2017. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1841A6E6-B639-4215-BC82-D36727B7440B\Boynton Beach. 4908.1.John—Scott Dailey_ Inst_Agreement_to review Strategic_Plan_-_Reso.doc Page 146 of 733 65 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1841A6E6-B639-4215-BC82-D36727B7440B\Boynton Beach. 4908.1. John_ Scott Dailey_ Inst_Agreement_to review Strategic_Plan_-_Reso.doc Page 147 of 733 FLORIDA ATLANTIC UNIVERSITY PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into as of ("Effective Date"), by and between the Florida Atlantic University Board of Trustees, a public body corporate of the State of Florida, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University, with an address of 777 Glades Road, Building 44, Room 108, Boca Raton, FL 33431 ("FAU" or "University"), and , a with a business address of , ("Client"). In consideration of the mutual covenants and stipulations setforth herein, the parties hereby agree as follows: 1. University agrees to provide and Client agrees to accept the services set forth on Exhibit A attached hereto (the "Services") in accordance with the terms of this Agreement. University shall control the manner in which the Services are provided, giving due consideration to the requests of Client. Unless otherwise mutually agreed, the Services shall be performed at Client's premises. 2. This Agreement is legally binding as of the Effective Date, and, unless terminated as provided herein or extended by mutual written agreement of the parties, shall continue until the Services have been completed. University may terminate this Agreement at anytime for any reason upon written notice to Client. 3. Client agrees to pay University for the Services during the term hereof in accordance with the rates and terms set forth on Exhibit A attached hereto. Unless otherwise specified, payments shall be due within thirty (30) days of receipt of a University invoice. Late payments shall bear interest at 1 % per month. 4. The performance of the University of the Services shall be subject to and contingent upon the availability of funds appropriated by the state legislature or the prime funding agency, or otherwise lawfully expendable for the purpose of the Services for the current and future periods. 5. All documents, papers, letters or other material made or received in conjunction with the Services shall be subject to the provisions of Chapter 119, Florida Statutes. 6. Any renewals, amendments, alterations or modifications pertaining to the Services must be signed or initialed and approved by all parties. 7. The provision of the Services and the validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. The University, as a public entity of the State of Florida, is entitled to the benefits of sovereign immunity coextensive therewith, including immunities from taxation. 8. Neither party may, without the advance written approval of the other party, assign any right or delegate any duties pertaining to the Services. 9. No default, delay or failure to perform shall be considered a default, delay or failure to perform otherwise chargeable, hereunder, if such default, delay or failure to perform is due to causes beyond either party's reasonable control including, but not limited to, strikes, lockouts or inactions of governmental authorities; epidemics; war; embargoes, fire; earthquake; acts of God; default of common carrier. In the event of such default, delay or failure to perform, any date or times 8-5-07 Page 148 of 733 by which a party is otherwise scheduled to perform shall be extended automatically for a period of time equal in duration to the time lost by reason of the excused default, delay or failure to perform. 10. The University makes no warranties of any kind, express or implied, pertaining to the Services, and to the maximum extent permitted by law, disclaims all warranties and conditions, either express or implied, pertaining to the Services. 11. To the maximum extent permitted by law, in no event shall University be liable for any special, incidental, indirect, or consequential damages whatsoever, pertaining to the Services (including, without limitation, damages for loss of business profits, business interruption, or any other pecuniary loss, including legal fees), whether for a breach of contract, failure of essential purpose, negligence or otherwise, even if the party has been advised of the possibility of such damages. 12. Neither party may use or make reference to the other party or any trade names, trademarks, service marks, logos or other designations of the other party except to the extent and in the manner which is expressly provided for in writing by the other party. 13. University reserves all rights with respect to the Services and materials provided by University or the work -product developed by University in connection with the Services. Nothing herein shall purport to grant or convey any interest or right to the University's services, materials or work -product or grant any exclusivity with respect thereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. Signature Name Title Date E FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University Signature Name Title Date Page 149 of 733 Strategic Planning Preparing for the Future The City of Boynton Beach Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 laverrierel@bbfl.us By Trainnovations° P.O. Box 7654, Jupiter, Florida 33468 December 19, 2016 Trainnovations°, Presented to City of Boynton Beach, December 19, 2016 Page 1 of 5 Page 150 of 733 EXECUTIVE SUMMARY In today's environment, if you are standing still, you are falling behind! Strategic planning is an organization's process of defining its strategy, or direction, making decisions on resource allocation and prioritizing to achieve the vision. An organization, to be effective, defines their strategic objectives, the most important goals for them, and the timetable for achieving them. The systematic approach to strategic planning for local governments ensures the organization's ability to address current needs and have the agility to prepare for successfully for the future. This includes definition of the vision, safeguarding funding levels, and ensuring capacity to achieve the goals for both near term (1 year) and future term (5 years). Overview of the typical Planning Process Develop (or Review) Vision and Mission WHAT Determine (or Review) Do we need to do? the Present State Prioritize Key Elements Determine WHO is Involved? HOW Should we do it? Create the Plan Deploy the Plan Review and Improve Process Improvement Implement the Plan HOW Are we doing? In Process Review Annual Review Review and Improve Process Improvement The success of the strategy depends on accountability for: ■ Elected officials, senior leader's, and staff support ® Active participation and authentic dialog ■ Funds to support the selected and agreed upon priorities ■ Proper deployment and implementation CONTRACTING AND BUDGET Trainnovations contracts with all local governments through the FAU John Scott Daily Institute of Government (and not contract directly with any local government). Fee: $16,927.00 The City of Boynton Beach will only be billed for hours used on a monthly basis. Fees include all conversations, discussions, meetings, materials, and activities and the FAU administrative fee. These fees do not include venue fee or food and beverage. AVA ILA B IL ITY We will make every effort to schedule and coordinate calendars as needed to ensure an on time delivery. Trainnovations°, Presented to City of Boynton Beach, December 19, 2016 Page 2 of 5 Page 151 of 733 FY 2018 Strategic Planning Phases and Steps City of Boynton Beach • Kick off meeting with management team • Adjust format for reporting progress and prioritization process • Analyze FY17 strategic plan progress • Report the current state • Develop draft strategic objective opportunities • Commission report for interview preparation • Commission interviews to obtain input • Commission report out including input from interviews • Refine stategic objectives and develop list of possible initiatives • Commission workshop • Discussion of each initiative opportunities in each strategic objective • Prioritization to develop initiatives that the elected body will collaboratively support and fund • Finalize 12-15 strategic initiatives • Staff workshop to develop initial definitions and intentions • Commission workshop to confirm and refine definitions and intentions Trainnovations°, Presented to City of Boynton Beach, December 19, 2016 Page 3 of 5 Page 152 of 733 TRAINNOVATIONS METHODOLOGY The hallmark of our methodology is to build capability through action learning —Facilitate, Demonstrate, Practice and Evaluate. All work will be delivered using an approach that builds understanding through action. • Facilitating through coaching using a process management model framework • Demonstrating through leading by example and walking the process from end to end • Practicing through role playing where participants gain hands on experience • Evaluating through a continuous improvement cycle that ensures the process meets specific outcome requirements and participants gain a strong level of understanding TRAINNOVATIONS CORE VALUES Trainnovations consultants live and embrace these core values by enthusiastically advancing the STAIRway to Excellence. • Systems focus —We believe an organization's overall performance requires systematic approaches, deployment, learning and integration. Linkage and alignment refer to the depth and breadth of processes, actions and results. • Team and personal learning —We are committed to continuous improvement and learning which is practiced daily. We focus on being the example and sharing the knowledge. This results in more satisfied consultants and cross functional capability. • Agility — We believe in the capacity to rapidly change and be flexible in the complex work environment. • Innovation —We believe making meaningful changes that positively impact the results of the work product. Our consultants present innovative solutions and build a case for innovation. • Responsiveness —We are sensitive to external and internal customer needs. We recognize that customer and employee driven excellence is a strategic concept. This demands awareness and openness of key success factors. Trainnovations' mission is to guide organizations moving from Better to Brilliantby changing culture and implementing performance excellence. We assist inbuilding capability and capacity and sustainability in an organization. Our clients include: The Cities of Fort Lauderdale and West Palm Beach, The Town of Jupiter, Village of Tequesta, City of Coral Springs, City of Miami Beach, Village of Islamorada, Broward County, Palm Beach County, FDOT District 4. References available upon request. Trainnovations°, Presented to City of Boynton Beach, December 19, 2016 Page 4 of 5 Page 153 of 733 TRAINNOVATIONS FACILITATORS Trina Pulliam, Founder, has 23 years of experience in consulting, training, and business development. Trina is a graduate of the University of Florida, an 11th year Florida Lead Examiner and is a Senior Examiner for the National Baldrige Performance Excellence Board having completed her 6th term, a post appointed by the US Secretary of Commerce. Her clients describe her as fun, flexible, friendly, and focused! Several projects are worth noting: the development of a 9 month manager training program for Burger King, implementing a new strategic planningprocess that merges with line item budgeting and priority based budgeting for theTown of Jupiter, and a time/task project identifying gaps in efficiencies for the Cityof WPB Parks Department. She has completed strategic planning with several municipalities. Her most recent accomplishment is consulting on process improvement projects that yielded the client $4.9 million dollars in annual productivity savings. Myra Quinn, M.Ed., MPEC, has an extensive background in training anddevelopment, business, and human resources, having spent over 20 years in the banking and counseling industries. She has a Masters Degree in CounselingPsychology from Florida Atlantic University and is a Master Personal and Executive Coach. She is passionate about organizational development and continuous improvement and served as an Examiner on the Florida Governor's Sterling AwardTeam. She has been a Trainnovations facilitator for 13 years and is the Training Director. She is certified in multiple assessments, including the Myers -Briggs type Indicator (MBTI) and Appreciative Inquiry. Her "action -oriented" coaching stylemakes sure clients stay true to their "being" in life. At the same time, she helps clients create the structures they need to achieve the business results they want. Melinda Miller, MS, is the former IS Director for the Town of Jupiter, retired after 25years. She served as the Interim Assistant Town Manager twice during her employment there. Melinda earned her Chief Information Officer from Florida State University. She started and managed several initiatives from strategic planning, town -wide fiber optics, and EOC data to implementing several enterprise systems. She is an adjunct professor at Palm Beach State College and serves as senior analyst, municipal expert, and facilitator for Trainnovations. Trainnovations°, Presented to City of Boynton Beach, December 19, 2016 Page 5 of 5 Page 154 of 733 6.G. CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: Approve the list of top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Professional Survey and Mapping Services"; RFQ No. 067-2821-16/TP and authorize City Staff to conduct negotiations for compensation with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiation Act (CCNA). EXPLANATION OF REQUEST: The City issued a Request for Qualifications on September 9, 2016 seeking qualified and licensed firms for surveying and mapping services to include Right -of -Way surveys; Horizontal and vertical geodetic control surveys; Canal and embankments cross sections and profiles; Boundary surveys, Hydrographic surveys; Construction layout surveys; Plat review and other surveying and mapping services as outlined in the RFQ. On October 14, 2016, the City received thirteen responses to this Request for Qualifications. The responses were reviewed and evaluated by the Evaluation Committee. The three top ranked firms are: FIRM SCORE (Maximum — 300) RANKING W G I 239.25 1 Avirom & Associates 235.75 2 Whidden Surveying 230.50 3 Based on the ranking, staff is requesting authorization to negotiate individual contracts based on established hourly rates with the top three ranked firms. After successfully negotiating a contract for hourly rates for the services as outlined in the RFQ, approval for the contracts will be requested of the City Commission. The contract term will be three (3) years with an option for two (2) additional one-year terms; contracts may be renewed at the discretion of the City. Work orders shall be issued by the City on an "As -Needed Basis". To the extent that is practical, work orders will be rotated among the awarded firms. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By establishing surveying and mapping contracts with the three highest ranked professional consultants, the City is able to secure the required services without utilizing the General Consulting Services contract and incurring additional expense in the form of mark-up fees from the awarded consultants subcontracting the surveying and mapping services to a sub -consultant. The contracts for these services may be utilized by other City Departments requiring surveying services. FISCAL IMPACT. Budgeted There is no fiscal impact as a result of this approval; contracts between the City and the selected firms will be submitted to Commission for approval. ALTERNATIVES: Not approve the selected firms and utilize the General Consulting Services Contracts with awarded firms who add a mark-up fee to the sub -consultants quote for surveying services. Page 155 of 733 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Summary of RexA ewers' Scores • SWeets for RFe--Ne=96-7728214-+&9P Reviewer Action Date Howard, Tim Approved 1/4/2017 ® 11:12 AM Howard, Tim Approved 1/4/2017 ® 11:12 AM Swanson, Lynn Approved 1/10/2017 ® 2:37 PM LaVerriere, Lori Approved 1/11/2017 ® 9:00 AM Page 156 of 733 RFQ FOR PROFESSIONAL SURVEY AND MAPPING SERVICES RFQ No. 067-2821-16/TP SUMMARY OF REVIEWERS SCORES Page 157 of 733 QUALIFICATIONS ASSIGNED STAFF PROJECT REFERENCES TOTALS RANKING NAME: OF FIRM QUALIFICATIONS APPROACH EXPERIENCE AVIROM & ASSOCIATES J. Livergood 17.00 15.25 25.00 10.00 67.25 G. Owens 18.00 18.00 14.00 18.50 33.00 29.00 18.00 20.00 83.00 85.50 A. Prymas TOTAL 235.75 2 BOWMAN CONSULTING J. Livergood 11.00 14.00 30.00 9.00 64.00 G. Owens 15.00 14.00 17.50 16.50 32.00 28.00 18.00 19.00 82.50 77.50 A. Prymas TOTAL 224.00 7 J. Livergood 11.00 16.50 16.00 12.00 55.50 G. Owens 12.00 14.00 31.00 15.00 72.00 A. Prymas 16.00 16.25 23.00 20.00 75.25 202.75 9 TOTAL CPH, INC. J. Livergood 2.00 16.50 28.00 10.00 56.50 G. Owens 7.00 15.25 27.00 16.00 65.25 A. Prymas 6.00 16.75 24.00 19.00 65.75 187.50 12 TOTAL CRAIG A. SMITH & ASSOCIATES J. Livergood 11.00 10.75 13.00 8.00 42.75 G. Owens 14.00 8.00 26.00 15.00 63.00 A. Prymas 16.00 16.00 25.00 20.00 77.00 182.75 13 CRAVEN THOMPSON J. Livergood 15.00 17.50 30.00 10.00 72.50 G. Owens 15.00 12.75 30.00 11.00 68.75 A. Prymas 14.00 16.50 29.00 19.00 78.50 TOTAL 219.75 8 ENGENUITY GROUP J. Livergood 18.00 16.00 15.50 12.75 34.00 33.00 12.00 9.00 79.50 70.75 G. Owens A. Prymas 16.00 16.75 27.00 20.00 79.75 TOTAL 230.00 4 ERDMAN ANTHONY J. Livergood 16.00 17.00 16.75 13.25 31.00 33.00 12.00 13.00 75.75 76.25 G. Owens A. Prymas 16.00 16.00 25.00 20.00 77.00 TOTAL 229.00 5 KEITH & SCHNARS J. Livergood 11.00 16.00 18.00 17.25 26.00 32.00 12.00 15.00 67.00 80.25 G. Owens A. Prymas 15.00 16.00 29.00 20.00 80.00 TOTAL 227.25 6 MICHAEL B. SCHORAH BASSOC. J. Livergood 15.00 16.00 8.50 18.00 14.00 31.00 10.00 16.00 47.50 81.00 G. Owens A. Prymas 15.00 14.00 11.00 20.00 60.00 188.50 11 SEA DIVERSIFIED J. Livergood 10.00 10.25 22.00 8.00 50.25 G. Owens 16.00 12.50 28.00 16.00 72.50 A. Prymas 16.00 15.50 28.00 20.00 79.50 TOTAL 202.25 10 WGI J. Livergood 19.00 16.00 17.00 17.50 39.00 29.00 10.00 12.00 85.00 74.50 G. Owens A. Prymas 17.00 17.75 25.00 20.00 79.75 TOTAL 239.25 1 WHIDDEN SURVEYING J. Livergood 11.00 7.75 26.00 9.00 53.75 G. Owens 18.00 16.25 36.00 19.00 89.25 A. Prymas 18.00 17.50 32.00 20.00 87.50 TOTAL 230.50 3 Page 157 of 733 2 0 \ \ « J � 0 LL / E § Z E K � 0 K » § § « 0 § 0 w iL (.0/ )(E §2\ 0 CO kk� z z 0 ±±: 0 0 z 000 EEE q q rl- 0 m LO ¢ 2 n � ) ) ) ) ) ) ) ) ) ) ) \\\\\.. /\)\\\ ) ) ) ) ) ) ) ) ) ) ) \ \ \ }\\\\\ / ; ( ( ( ( ( ( ( ( ( ( )/ \\\\\\ / j G E \ / U)) \ w \ § f } G f \ ) g \ § \_ 0 - z ) \ ° Ir } } ) U) \ \ j U) z z/ Ir o s« }\ R R R-° F m : o z y o \ } ! / ± - K K ) » a 0 m ± G $ ) \ ± ± / q q rl- 0 m LO ¢ 2 n � 0 / \ « J � 0 LL / E § z E K � 2 « » § § « 0 § § iL \/ )(E §2\ ±/} z z 0 ±±: 0 0 z 000 EEE q q rl- 0 m LO ¢ 2 n � { » : - / ( ( ( ( $ < ( ( ) ( ( ( ; \\\\\ /\)\cc \ co)) » m \ ) ( ( ( ( $ ( ( ) ( ( \ » z \/\$ }\\\\ _-G « ® $ \ m 2 ( ( ( ( ( ( $ ( ( ( 0, ( ( \\\\\ ( - / / [ % / ( \ \ ± z \ w / \ 6 Ir § \ \ / z ) ° f _ @ \ > K » z \ / \ + % % )( z _ ( u z z 3 f f °S ! z 0 \ y \ \ \ \ \ j\ \ j G / \ \ cl ± ± /z ) % + \ \ : z _ \ / \ \ \ // ( ( \ \ \ z q q rl- 0 m LO ¢ 2 n � 2 0 \ \ « J � 0 LL / E w � 2 K � 0 K » § $ k 0 § 0 w iL \/ )(E §2\ ±/} kk� z z 0 ±±: 0 0 z 000 EEE q q rl- 0 O S ¢ 2 n � ))$ ) ) ) ) ) ) ) ) }\\}\\ \\\0 0 00 \ \ ) ) ) ) ) ) ) ) 2 ) ) \\0.0 )0 co co co co co co co co co co co\ ( ( ( ( ( ( ( ( ( ( ( \ \ \ § _-!{\ (//c 7 � § ) { S f co G f \ ) \ § \ 0 - z ) \ ~ 0 ° w < } U) o s« }\ \ \ j U) z E z< Ir R-° m : o z R[ R g o \ } / ! / ± - K / K M ) 0 ± G \ » a m $ > ± m ± 2 q q rl- 0 O S ¢ 2 n � 0 / \ « J � 0 LL / E § 2 K � 2 « » § § « 0 § § iL \/ )(E §2\ ±/} kk� z z 0 ±±: 0 0 z 000 EEE on<m z m m m $ m m</ m m m m / ( ( ( ( ( ( ( 2 ( ( ( ( ( c y \\\\ 11 \ f \ z )_ \ , ` o § ) ) ) ) ) $ ( ) } ) ) ) ) < \ (}\ - w )\ \ z\ - m m m m $ , m</ m m m [ z -\ ( ( ( ( ( ( z ( ( ( = 2 @ ( \\ °b c z ( \ / / [ % / ( \ \ ± z \ \ 6 Ir w / \ \ / ) ) \ § z f _ ° > K \ e z \ [ / 2 \ % % / / z _ % u g < ) \ \ Ir ( Ir ) : j \ ) \ z ( ) / \ \ j G ; & / ( : ± ± > z z ) _ § > § > < \ \ \ \ \ / ( ( \ \ \ \ \ / q q rl- 0 (C) ¢ 2 n � U) 2 O F- < LL v � < � 0 � O LLF- U) LU � 0 LU 0� / / (0� \C) co /2\ //C\l \ //& 22/ ± ± ., //k 000 EEE q q rl- 0 N S ¢ 2 n � }) 4 §m m m m m m m m m m m � � � � � � � � � � � » ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ \ \ \ \ \ (\ \ { / } 0 � . 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H. CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: Approve the list of top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured - In -Place Pipe (CIPP) Lining, RFQ No. 057-2821-16/TP, as pre -qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured -In -Place Pipe Lining. EXPLANATION OF REQUEST: CONTRACT TERM: JANUARY 18, 2017 TO JANUARY 17, 2020 The City issued a Request for Qualifications seeking qualified Contractors (manufacturer's representative) with specific experience with installing cured -in-place pipe liner using a resin -impregnated flexible tube method that is formed to the original conduit by use of hydrostatic pressure. Planned rehabilitations for the City's Wastewater System will consist of, but are not limited to: cleaning the existing sewer gravity mains; internal pre -rehabilitation closed circuit television (CCTV) inspections; furnishing and installing CIPP liners; reconnection and grouting of existing service laterals; obtaining material field samples for testing; preparation of inspections reports and CCTV post rehabilitation final inspections. On September 7, 2016, the City received five responses to this Request for Qualifications. The responses were reviewed and evaluated by the Ranking Committee. A Public Meeting was held on Monday, December 19, 2016 for the Ranking Committee to read their scores which resulted in the top three ranked firms listed below. FIRM SCORE RANKING (Maximum — 400) Insituform Technologies 366.50 1 Lanzo Trenchless Technology 346.00 2 SAK Construction 336.50 3 The City will issue a Bid for each specific CIPP Lining Project, on an "as -needed basis" to the three pre- qualified contractors. The lowest bid from the three pre -qualified contractors will be brought to Commission for approval to award. The contract term will be three (3) years with an option for two (2) additional one-year terms, renewed at the sole discretion of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By pre -qualifying contractors to perform the work as specified in the bids, the City will be assured that qualified and experienced utility contractors will submit bids to complete the work. FISCAL IMPACT. Budgeted Page 168 of 733 There is no fiscal impact as a result of this approval; each low bid over $25,000.00 will be submitted to Commission for approval. ALTERNATIVES: Not approve the pre -qualified contractors and issue a bid to all utility contractors for each CIPP Liner Project. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment D Tab Sheets REVIEWERS: Department Finance Finance Legal City Manager Description Summary of Revi ewers' Scores Tabulation Sheets Reviewer Action Date Howard, Tim Approved 1/6/2017 - 10:07 AM Howard, Tim Approved 1/6/2017 - 10:07 AM Swanson, Lynn Approved 1/10/2017 - 2:36 PM LaVerriere, Lori Approved 1/11/2017 - 9:02 AM Page 169 of 733 0 Z Z J LU d a W U Q J d Z W U w O LL a LL L w CL I -- (.C) t0 CM N ti Ln G O Z a LL w U) LU Ir O U U) U) Ir LU LU _ LU Ir LL O Q M U) 0 Z Lo r N M Y Z Q K J 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O lf7 O O O LO Lf) 0 0 0 0 O O O Lo O Lo 0 0 V m O O V 00 O V b LO M O 00 b O� r- 00 M M m O V M O 00 Lr) 00 Lr) Nm r- �Om M 00 m co M W I- m r- M W05 00 00 M U) w U w O O o O 0 o Lo 0 0 0 0 o Lo O O o O O o O O O o O O o Lo O O o O O Lo O w 0o 0o 0o of o of of 00 00 of 00 0o of r m w v z o v LL, z U O O o 0 0 0 0 0 O O o O O O O O O O O O w w 0 O o 0 0o Lo o Lo o O Lo o 00 O O O 00 r- 0 00 O O O O 00 co 00 Lo O O O O 00 m 00 00 v a F = U¢ O O O O O O O O O O O O O O O O O O O O LLI 0 0 0 0 O O O O O O O O O O O O O O O O 0 = a r- N O O N 00 O O m N (.0 O O O N N 00 O O N N N 00 r- 00 Lo IL ¢ LL y LL Z w � F U U)~ z O O O O O O O O O O O O O O O O O O O O w v O O O O O O O O O O O O O O O O O O O O Z LL w LO 00 O O M— N N 00 00 O 00 N V O 00 O Lo V N V V Lo O N O O O Lo J c) c) c) Cl) Cl) Cl) Cl) Cl) Cl) Cl) c) W Q LU U) w ¢ O y O_ ~ Q L O O O O O O O O O O O O O O O O O O O O U LL O O O O O O O O O O O O O O O O O O O O LL LL co co O M 00 O O O O O O r- 00 O O 00 00 O 00 O) � O N N N N N N N N N Q O a a a a a 0 0 0 0 0 LLI L) U � Z y O LL w Z z 3 r 3 r 3 r 3 r ~tZUi� r 3dR O O O N O NN O LLa O a O a O O ay. 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D� ook L� W U 777 of � of q q rl- 0 q � ¢ 2 n � E z 2 ± Of j j j j j j j j \ j C) z * * * m * * * * § * ± * - ( \ » co - = O = co \ ( R c j \ ^ m - ± ) \ / / \ _ * $ @ b 3 LLj 0 z \ § - k m m O m m m m z m \ m 0 \ \ $ \ \ \ \ \ / \ Cl) » / j _ / ® / \ * I U) ) \ ) g 0 j \ B m -j k \ j LL z LU LL § k \ § / m \ \ \ \ g < e E / _ \ / \ j / / < < ® / ± z < 0 m § \ � U ® 9e < mz z _ § LL Of Of Z \ = \ \ u o \ } $ $ / y ® \ 5 0 k O / O O/ z 2 / o o_ m , § _ _ ± u z \ \ \ b / 2 % \ ƒ L $ o ƒ z \ ± ± ± ± e e z O± __ 0 = o u e > _ _ = m < < z± ± o o = 4 m I e m q q rl- 0 q � ¢ 2 n � q q rl- 0 'IT � ¢ 2 n � \ @ } U) m m m m \ m m m m m \ \ \ \ \ \ \ \ \ \ \ \ 7 j U) j j j j j j j j j * * * * * * * * * * / } / ± O LU < m 4 / f m / \ > p � � / \ U) / / \ LL b_ E F -- ± LL © 0 ® m m ¥ z <LU h \ \ \ f I / < ® z 3 © 9 j \ © z \ * / / / ƒ » » / \ } \ / \ ƒ \ \ \ / \ \ / 7 / j / \ / \ \ / o± m±± S ILL o 10 o< S o 4 0 q q rl- 0 'IT � ¢ 2 n � M CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/ or piggy- backs for the procurement of services and/or commodities as described in the written report for January 17, 2017 - "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 bid 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) COMMODITY/SERVICE RFP/BID NUMBER RENEWAL TERM C.A.P. Government; Plan Review and Building RFP 001-2411-524-49- February 3, 2017 to Hy -Byrd, Inc.; G.F.A. Inspections 17; Resolution R16- February 2, 2018 International 023 Community Administrator of Record, Quote No. Q-020- March 1, 2017 to Champions Abandoned/Foreclosed/ 2111-15/JMA; February 28, 2018 Corporation (CCC) Vacant Properties Resolution R15-017 Creative Lawn Maint., Landscape Maintenance Bid 020-2730-13/JMA March 1, 2017 to Enviroscapes, First Services February 28, 2018 Genesis Lawn Svc., B.G Katz, LV Superior, Novo Arbor, Phoenix Landscape, Superior Landscaping and Vincent and Sons Landscaping Gehring Group Benefits Consulting RFP 076-1610- April 1, 2017 to Services 12/JMA; R12-134 March 31, 2018 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those bids, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT. Budgeted Funds have been budgeted under line items as noted on the attached report. Page 175 of 733 ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Action Type D Attachment D her D her D her D her REVIEWERS: Department Finance Finance Legal City Manager Description RFP/Bid Description Request C.A. R, Hy -Byrd, GFA Renewals CCC Renewal thru 2-28-2018 Landscape Contractors Renewals (9) Gehring Group Renewal Reviewer Action Date Howard, Tim Approved 1/3/2017 - 1:59 PM Howard, Tim Approved 1/3/2017 - 2:00 PM Swanson, Lynn Approved 1/10/2017 - 2:36 PM LaVerriere, Lori Approved 1/11/2017 - 8:58 AM Page 176 of 733 REQUESTING DEPARTMENT. DEVELOPMENT DEPARTMENT CONTACT. Andrew Mack TERM: February 3, 2017 to February 2, 2018 SOURCE FOR PURCHASE: RFP No. 012-2411-16/JMA ACCOUNT NUMBER: 001-2411-524-49-17 VENDOR(S): C.A.P. Government, Inc.; Hy -Byrd, Inc.; G.F.A. International ANNUAL EXPENDITURE: $350,000.00 DESCRIPTION OF BID EXTENSION: On February 2, 2016, Commission authorized the City Manager to sign Professional Services Agreements with C.A.P. Government as primary vendor, Hy -Byrd, Inc. as secondary vendor and G.F.A. International as tertiary vendor as a result of the RFP for Supplemental Building Services. The Agreements maybe renewed for three additional one-year terms. Staff anticipates utilizing these firms to again fulfill the City's need to maintain good service and responsiveness for plan review for residential and commercial building applications, review of Business Use Certificates for changes in occupancy requirements under the Florida Building Code, and inspection services for structures in which permits have been issued by the City of Boynton Beach. REQUESTING DEPARTMENT. COMMUNITY STANDARDS DEPARTMENT CONTACT. Pierre Vestiguerne TERM: March 1, 2017 to February 28, 2018 SOURCE FOR PURCHASE: Request for Quote No. Q-020-2111-15/JMA; Resolution R15-017 ACCOUNT NUMBER: 001-0000-342-92-00 VENDOR(S): Community Champions Corporation (CCC) PROJECTED INCOME: $215,000.00 DESCRIPTION OF BID EXTENSION: On February 3, 2015, City Commission authorized the City Manager to sign an Agreement with Community Champions Corporation for a one-year period for the administration of the City's vacant property registration ordinance as a result of Quote No. Q-020-2111- 15/JMA. This Agreement has two additional one-year renewals available. This Agreement allows each applicant to be charged $250.00 of which $150.00 is remitted to the City. Fiscal Year 2016 revenue from Community Champions Corporation administration of this registration for abandoned/foreclosed/vacant properties amounted to $203,100.00. Community Champions Corporation has agreed to renew the Agreement with the same terms and conditions and fees for the second one-year renewal term. REQUESTING DEPARTMENT. PUBLIC WORKS/PARKS AND GROUNDS DEPARTMENT CONTACT. Glenda Hall, Forestry and Grounds/Streets Manager TERM: March 1, 2017 to February 28, 2018 SOURCE FOR PURCHASE: Bid No. 020-2730-13/JMA — "Two Year Contract for Landscape Maintenance" ACCOUNT NUMBER: 001-2730-572-46-98 VENDORS: Creative Lawn Maintenance, Enviroscapes Plus, First Genesis Lawn Service, BG Katz Property Maintenance, LV Superior Landscaping, Novo Arbor, Phoenix Landscape Service, Superior Landscaping, and Vincent and Sons Landscaping. ANNUAL EXPENDITURE: $700,000.00 DESCRIPTION OF BID EXTENSION: On February 19, 2013, City Commission approved the bid award for Landscape Maintenance to nine landscape contractors for a two year bid term. The vendors perform landscaping services for the various parks, building grounds, medians and right-of-ways, lots, alley ways, the Boynton Beach Cemetery, utilities sites, the CRA, the Nuisance Abatement Program and the Median Restoration Project. This bid also included Additional Services for new areas and arborist services as needed. The bid documents allowed for three (3) one-year renewal terms. All nine (9) landscape contractors have agreed to extend the bid for the last one-year term with the same terms, conditions and pricing. REQUESTING DEPARTMENT. HUMAN RESOURCES DEPARTMENT CONTACT. Julie Oldbury TERM: April 1, 2017 to March 31, 2018 SOURCE FOR PURCHASE: RFP No. 076-1610-12/JMA; Resolution R12-134 ACCOUNT NUMBER: 001-1610-513-49-17 VENDOR(S): Gehring Group ANNUAL EXPENDITURE: $79,800.00 DESCRIPTION OF BID EXTENSION: The City Commission approved a fifteen month agreement with the Gehring Group for Benefits Consulting Services on December 18, 2012. The Gehring Group assists the City of Boynton Beach in solicitations and evaluations of employee group health insurance, dental insurance, vision insurance and life and long term disability insurance. Gehring Group assists with employee open enrollment and assists and advises on employee and group benefits. The City of Boynton Beach has been very pleased with Gehring Group's services and the Gehring Group has agreed to extend the Agreement with the same terms, conditions and rates, for the fourth and final year. The City of Roy.ntoy 2Weaalz FinancelProcurement Services 100 E. Boynton Beach Boulevard P.O. BOX 310 Telephone No: (561) 742-010 742-016 .YP: "SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES" I ": : 11 � 1 ''1 � A TO= 77" Yes, I agree to renew the existing agreement with the some Terms and Conditions, and Rates, for an additional one-year period. - i1o, I do not wish to renew the contract for the fbilowing reason(s) 1*FjF;KcT*1TJ 4 :1 z I J� 1:4 1 k NAME OF COMPANY SIGNATURE 1 rl NAME OF REPRESENTATIVE (please print) a�a 9 E-WIN4,4k I L ...................... Ralwm� TITLE America's Gateway to the Guff Stream Page 179 of 733 Finance„Rs ucurement Services 100 E. Boynton Beach Boudeva P.a Box 310 ozlo Telephne No: (561) 742 6310 6 FAX (561) 742-6316 RFP: "SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES" Professional orvices Renewal Period: FEBRUARY 3, 2017 TO FEBRUARY 2., 2018 001 Ye�, I agree to renew the existing agreement with the same Terms and Conditions, am Rates, for an additional one-year period. — No, I do not wish to renew the contract for the following resson(s) NAME OF COMPANY /flre/�U( ae>A111W NAME OF REPRESENTRT-W—E (please print) DATE AM"-R-Vtffi QjAe-A&L EMAIL SIGNATURE T7T 9E - W FAR CODE) TELEPHONE NUMBER America's Gateway to the GuIYStremn Page 180 of 733 I FinancelProcurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Telephone No: (561) 742-6310 FAX (561) 742-6316 -�%'FP: "SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICESIP i [J14 I I 1� —FI Professional Services Renewal Period: EEBRUARY3 4.2017 TO FEBRUARY I L0111i Yes, I agree to renew the existing agreement with the same Terms and Conditions, an,-.; Rates, fbr an addifional one-year period. — No, I do not wish to renew the contract for the following reason(s) Frwjllc il 11;4:1 " F--,% i T4AME- OF COMPANY —SIGNATU NAME OF REPRESE IVE (please print) DATE America's Gateway to the GurStream Page 181 of 733 RE: AGREEMENT FOR ADMINISTRATOR OF RECORD FOR ASMDONEDIFORECLOSED PROPERTIES -- I lliili agree to extend the existing Agreement with the same Terms and Conditions- RNMI&tNil b1zo:'Id, NAME OF REPRESENTA Please Pnnt a� dniuJ y cogaam jpns� 19 E-MAILADDR�E, IGNA I UKb' 0 01 .0 ivrzsf, TITLE 4, -3 2-1 (AREA CODE) TELEPHONE NUMBE Page 182 of 733 Tekpkwe No., (S61) 742 -MO FAW.' (561) 742-M6 Yes, I agree to soctend the existing Bid under the some Terms, Conditions and pricing fbr an adRitional year. ,O3, IAN'li'llili,4�]1FNIT'ILT NAME OF COMPANY "NAME WOF TRES RNTA�TWE (please pdnt) DATE ro &M-AIIL 11 ) TITLE -R5a2-7Z)-b&g?j (,AREA CODE) TELEPHONE NUMBER Merka'S 60toWay to the GUVStWM Page 183 of 733 WWII (6 14f I 3111`771 R F1-1rU0=ff;.L7,t5.'--Aff,', TUII� Yes, I agme to extend the existing Did under the same Terms, Conditions and pricing for an additional year. ENVIROSCAPES PLUS INC. NAME OF COMPANY NAMAA VPR�RE (please print) (T - TITLE Q'7 a'Z C AEA COPE)TELEPHONE NUMBER Merka'S Gateway to dw Gulf ftWrn Page 184 of 733 rTTjL e City of fir`" h' s h W4 i i. RhancelProcurement Services 200 E. Boynton Beach a P.O. Box 310 Telephone No: (561) 742-010 (561) 742-6316 ®_Yes, I agree to extend the ex1stIngi under the same Terms, Conditionspricing for an additlonal year. FIRST GENESIS LAWN SERVICE INC. NAME OF COMPANY IZN— Ie T 'n A MAE' 0 �FR E ARE S E N Ti (pleaserint (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 185 of 733 + YEAR CONTRACTFOR LANDSCAPE ! .. YY.11� '1,7171 l7il 1 1;7 71 'i � +S r , a�, � x d:• a -s I Ogres to " 5r f -.t wkft BWundgr i,L; mgme �' a onW G , { k r,. +,M lbr sr a IL Page 186 of 733 1� 1, 1 1 Ty, !I ir '11 Ye% I agree to extend the existing Bid under the same Terms, Conditions and pricing lbr an additional year. No, I do not vAsh to renew the Bid for the follovAng reason(s): NAME OF COMPANY NAME OF R p� SE (please prlrwt) RATE Sle�.NAT ............................ ............. (A R E APO O—JDLE )"ITE E P �HO N U NIIU M B E R 4 V '-e 0 ' eovpl kmwva's Gateway to me Sufstmm Page 187 of 733 ljkl= FIT, ;-, , q ALoi 4 ;1 ze :70.!: 1:1 MENNUFF-OW =-=Z W17 Yes, I agree to extend the exisling Bid under the same Terms, Conditions and pricing 1rr an additional year. NOVO ARBOP, INC. NAME OF COMPANY SIG URE NAME OF REPRESENTATIVE A (please print) jZ117 DATE k1?LCje4wv'qd44r coo" E-MAIL ?res; de TiTLE ............ Amakses 6w**W to dw QqSbwm Page 188 of 733 I SR E: "TWO YEAR CONTRACT FOR LANDSCAPE MPJNTENMCE RE431DO DID No.: 020-273043/JMA Agreement between the CITY OF BOYNTON REACH ond SUPERIOR LANDSCAPING and LAWN SERVICE, X- Yes. I agree to Wend the wddng Bld under the some Terms. Conditions and prIcing for an addItIonal year. No. I do not vAsh to renew the Bid for the follovAng remon(s): i - ki;J;J:ji414jj WXIr r, aW 1A,1 1�1 �4A'114 NAME OF COMPANY NAZI# vAlt-DE5 NAME OF REPRESENTATIVE (please print) DATE lnimctes(o). i % R E-MAIL TITLE (AREA CODE) TELEPHONE NUMBER AMWW's GGWW to the Gul2mm Page 190 of 733 e Y88, I agree to extend the existing Bid under the same Terms. Conditions and pricing for on. additional year. No, I do not wish to renew the Bid fbr the fbilov-Ang reison(s): VINCENT and SONS LANDSCAPING, INC. RAQMRE-OPRCO�MPANY S 1-0 XAT R IE— M on Page 191 of 733 MIX- a I he City of Boynton Beach FinancelProcurernent Services 1W E. Boynton Beach Bouleva P.O. Box 310 Telephone No: (561) 742-6310 FAX. (S61) 742-6316 1 RE: "RFP FROM CONSULTANTS FOR A FIFTEEN MONTH CONTRACT FOR CONSULTING SERVICES FOR CITY OF BOYNTON BEACH GROUP INSURANC--4 PLANS" 1111"Z111" 11111111111111:11ir; i Wlsl WI#Tj ilk 1*171 T-1 7 if AYes, I agree to renew the existing Agreement under the same Terms, Conditions and fees for an additional year. 7 Kug-� ts) NAME OF REPRESENTATIVE j TITLE (please print) DATE T -A 19 mma E-MAII, I (AREA CODE) TELEPHONE NUMBER America's Gatemy to the GuffStream Page 192 of 733 6.J. CONSENTAGENDA 1/17/2017 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of December 2016. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for December 2016: Purchase Order Vendor Amount 170586 HD Supply Waterworks $ 14,550.00 170588 Bedding Barn, Inc. $ 10,880.00 170610 Big Truck Rental, LLC $ 21,550.00 170612 Telvue Corporation $ 16,000.69 170616 CPH, Inc. $ 17,150.00 170644 Legacy Lockers, LLC $ 24,949.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2- 56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 193 of 733 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Finance Description Page 194 of 733 Purchases over $10K Backup Reviewer Action Date Howard, Tim Approved 1/4/2017 ® 9:13 AM Howard, Tim Approved 1/4/2017 ® 9:13 AM LaVerriere, Lori Approved 1/10/2017 ® 8:22 AM Page 194 of 733 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 a FOR DECEMBER 2016 1® Vendor: HID Supply Waterworks Purchase Amount: $14,550.00 Requesting Department: Warehouse Contact Person: Mike Dauta Date- 12/5/116 Brief Description of Purchase: Purchase fire hydrants for Warehouse Stock. Source for Purchase: Three Written Quotes Fund Source: 502-0000-141-01-01-00 ® Vendor: Bedding Barn Purchase Amount: $10,880.00 Requesting Department: Fire Contact Person: Capt. Robert Kruse Date: 12/8/16 Brief Description of Purchase: Matresses for Firefighter bunk rooms. Source for Purchase: Three Written Quotes Fund Source: 001-2210-522-52-20 3® Vendor: Big Truck Rental, ILLC Purchase Amount: $21,550.00 Requesting Department: Public Works Contact Person.- Chris Roberts Date: 12/9/16 Brief Description of Purchase: Emergency rental of 2 automated side loaders for the Solid Waste Division. Source for Purchase: Emergency Purchase Fund Source: 431-2515-534-49-17 44 Vendor: Telvue Corporation Purchase Amount- $16,000.69 Requesting Department: ITS Contact Person: John McNally Date: 12113/16 Brief Description of Purchase: The TeIvue/BBTV upgrade project is approved in the FY1617 Budget. This will replace end -of -life hardware, software & Infrastructure to continue supporting & broadcasting on BBN Comcast channel for Boynton Beach subscribers. Source for Purchase: Sole Source Fund Source: 001-1510-513-64-15 Page 1 Page 195 of 733 5. Vendor: CPH, Inc. Purchase Amount: $17,150.00 Requesting Department: Public Works Contact Person: Chris Roberts Date: 12/14/16 Brief Description of Purchase: Emergency drawings for two directional bores on Congress Avenue, as requested by Palm Beach County permitting. Source for Purchase: Bid #01 7-2821-14/DJL Fund Source: 001-2730-572-46-98 6. or: Legacy Lockers, LLC Purchase Amount: $24,949.00 Requesting Department: Fire Contact Person: Capt. John Canela Date. 12/22/16 Brief Description of Purchase: Replace lockers & bed frames at Fire Station #1. Source for Purchase: Three Written Quotes Fund Source: 691-5000-590-04-97 Page 2 Page 196 of 733 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170586 BOYNTON BEACH, FLORIDA 33425-0310 DATE,, 12/05/16 09 - SHIP TO: TO: HD SUPPLY WATERWORKS City of Boynton each 1101 NW 17TH STREET RIVIERA BEACH, FL 33404 LOCATIONS AND QUANTITIES SPECIFIED FOLLOWING ITEM EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 6.00 EA 5 1/4 SIEGLOCK SPARTAN BARREL 42" 2425.0000 14550.00 MUST BE RED PROCUREMENT SERVICES: mizIlop La P.O. TOTAL: 14550.00 PURCHASING Page 197 of 733 m I m I I m go w tzi Q 0 H rp H H t4 t4 z H FA —1 IN 4k Mi. I I .1 -4 ul HWOOOO w q C� F' I U3 0 H U e -i I () r"I WnJOA 6 w r H ZOO -j I H 0 vi qM�lw HCH : pu H 0 F3 9 0 WOF3HW I H q t4 r 1 z 0 w 0 t1l C4 umm M Mz �3 bi m CD or rn Z r PH ci C3 0 0 to Da 0 ca ca M U 0 w H q Z H 00 z 0010 0 0 Fi I C3 0 ci 0 Lq 12N 0 C. I02 i4 0 IP a, I 0 in Ln I w w Ln LTO 1>4 N 0 0 1 En Z H Iz 0 O 0 tj w Page 199 of 733 Requesting Department: Warehouse Contact Person: Michael Dauta "Explanation for Purchase., 0 ;Purchase fire hydrants for Warehouse stock. Req # 674-1, Amount of Purchase $14,550.00 Source for Purchase (check and attach backup materle s) - Three Witten Quotations KI GSA State Contract L --j PRIDE/RESPECT SNAPS Sole Source r----1 L --j Piggy -Back Budgeted Item r-----1 L --j Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase Must be presented in the some detail contained w1thin the contract, 1511"!!! � T1111"F14"ITIM, Page 199 of 733 P I 00,�� ko Name: Phone V Name: Phone Page 200 of 733 BOYNTON BEACH, CITY OF WAREHOUSE DIVISION 222 NE 9TH AVENUE BOYNTON BEACH, FL 33425 Contact: len Paciello (Tj 561-742-6294 (F) -7 - (F) 561-742-6295 (E) 1- - (E) PaclelloJ@bbfl-us Sales Steve HaveRm (T) 561-848-4396 (F) 561-845-7267 - , . . l Bid ► .1210001 F Ljr. 1101 W 17th St Riviera Beach, FIL 0, (T) 561-848-4396 12/01/2016 - 2:10 PM Actual tmes"wary Page Page 201 of 733 I- U c 1101 W 17th St Qty Description Unitsrice Ext Price 12/01/20 16 - 2: 10 PM Actual twas may vary Page 2 of 3 Page 202 of 733 O�V QUOTE 010 "I PAdt, LT '00 099, 83 RTVIEF-A BEAC,141----, BOYNTON BEACH SIGELOCK HYDRANT 42" 10 PAYABLE BEACH FL 33429 10 6 RA 5 WO 42'T BARREL SIGELOCK 2,473.1200 14,838.72 SPARTAN BARREL HYDRANT RED Subtotal: 14,838.72 Tax: .00 Bid Total: 14,838.72 L$ C ERIES AM SUBJECT TO SHIP G CFURGFS All mate days orbid or quaft date. After 30 dan A=;=hs%umIeccnttto rcvlew!MMd on Ent By DHG 12/02/16 7z43;04 MCNEW Page 204 of 733 14;42:45 DEC 01201 1 B 1 807 1 , 12101/16 Quoted BY; DVP Customer: CITY OF BOYNTON ATTN FINANCE DEPT BOX 310 00 E BOYNTON BOYNTON Gust PO#: SP-SIGELOCKHYD PRICE INCWDES SHIPPING Price Quotagon Phone: e: Fax: 561-848-7001 Ship To: CITY OF BOYNTON BEACH ATTN FINANCE DEPT PO BOX 310 100E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 Job ILC Quantity Not Price UM TOW 1 5A I 7 o6 Not Total: 76M Tax: $0.00 Freight: $0.00 Total: $2675.00 ■ . 48 HOURS SHALL B' ,: � 1'.. , f .'..1 _ w ! � • ! 1: Ali ,.: nf• •: �.: .. _ ! I 1 I,'. Y:...: TT sT"r• , Page 1of1 Page 205 of 733 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD 170588 BOYNTON BEACH, FLORIDA $3425-0310 DATE: 12/08/16 0401plol SHIP TO: TO: BEDDING BARN, INC City of Boynton Beach 3101 W. BOYNTON BCH BLVD FIRE STATION NO. 5 BOYNTON BEACH, FL 33436 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVICES: W41011WWAP ID El-TWWWWAll Nuummmum 10880.00 qlfflm� PURCHASING Page 206 of 733 0 � rd w CD 1-1 W rA (D P) row H 0 m w rt H rtw q r- CD H H(D m 0 0 0 X F1 DI z C) rr 10 cr W Cl 0' (D a I I I I W ioH l�-3 H �� H Ul W rn 0 N) H 0 O 0 00 I ro 0 I li e I PagE H 0 F3 t4 H w ro 0 V3 F3H H w Da Ln 0 0 P-3 M M H 0 p En W'd H 0 z Ln A 9 Ln CD w tj H 0 m Go w zH n � 207 of 733 Requesting Department: FIRE RESCUE Contact Person: OUIDA Budgeted, mattresses for the Firefighter bunk rooms, Recommended Vendor BEDDING BARN, INC. Doi ar Amount o -u hase Source for Purchase (check and attach backup materials): Three Written Quotations E= GSA State Contract PRIDE SNAPS L RESPECT Piggy -Back --j Sole $ource Emergency Purchase F-7 Other L ----j L—j Contract Number., et. 63293 -- NOTE: Pricing proposal for purchase must be presented to the same detail contained within the contract. mt Department Purchasing AZ Asst it Manager IBM= Form Revised W16102 Date Date Date 12-1511,6 Page 208 of 733 Page 209 of 733 a� 7 Page 209 of 733 Kruse, Robert From: Kruse, Robert Sent: Thursday, December 01, 2016 8.48 AM To: Kruse, Robert Subject: Budget items Vicki, Thank you, INN P UIP;'C F b--Cff fI I f-2: TWr•"r-"C71YJ--i'"WrO �C7'5� MdILILFL5!p• L-1 it l Robert Kruse Captain Boynton Beach Fire Rescue City of Boynton Beach 2080 High Ridge Rd. I Boynton Beach, Ftorlda 33426 o: 561-742-6329 1 f: 561-742-6674 KruseR@bbft.us I www. boynton -beach. org 1 www.bbfrd.p�rg Like us on FaCelbook Jg L Page 210 of 733 \,� lAIJiG A\G4C.A }.iL.. '. � � Open: Mon d0 r Office Copy Quote Number: 14315 -► a - p' ;11 Page 211 of 733 A 1 N 011 honored on 3n exeWnge, Any stains, Wils. Or rtMOVal Of lAWT29 will void the Cmrort Gua(amee and Manu aclurer I t Office Copy Quote Number: 14315 -► a - p' ;11 Page 211 of 733 SHIP TO 1100 N Congress Ave Boynton Beach, FL 33426 USA Primary Phone No: 561-742-6630 Secondary Phone No: DATE: 11/28/2016 ORDER NO: Q000404973 CUSTOMER NO: C004991298 STATUS: Quote SALES ASSOCIATE: Peter Fitya n OML Fire Department TO 1100 N Congress Ave Boynton Beach, FL 33426 USA Primary Phone No: 561-742-6630 Secondary Phone No: E-mail: qty1 SKU# Wndor Grand Description I Guaranteed Price Each Extended Method of Delivery Low Price Price 34 V000063714 HARTFIELD LF MATT TWINXL PRIME $749.99 $599.99 $20,399.66 Delivery 12fl/2016 10:00 AM- 4:00 PM Manager Approval Savings $5,100.00 34 V000065018 PAB PREMIER TXL MATT PAD TWINXL $99.99 PRIME Manager Approval Savings $1,700.00 1 103401 Delivery $79.99 $49.99 $1.699.66 Delivery 12/7/2016 10:00 AM- 4.00 PM $79.99 $79.99 Thank you for shopping at MATTRESSEIRK Steep Happy, you saved Page 212 of 733 kyj 4 PURCHASE ORDER f%'01ITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX slo P.O. #: 1706 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/09/1 TO: BIG TRUCK RENTAL, LLC 5001 W. LEMON ST. TAMPA, FL 33609 SHIP TO: City of Boynton Beach PU13LIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 PROCUREMENT SERVICES- j .O. TOTAL: 21550.00 a ACCOUNT NO. PROJECT 431-2515-534.49-17 PURCHASING Page 213 of 733 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 15800.00 DL EMERGENCY RENTAL OF 2 AUTOMATED 1.0000 15800.00 SIDE LOADERS EMERGENCY RENTAL.- TWO AUTOMATED. S @ $7900 Pp. DEPOSIT --::A-N--D%'. TRANP,Q Z"" Z. CH' MOUNT Bm �-- M, ARE NEEDED FOR -' ....... ... ...... 2 2750,00 b 0 o. 2750.00 3 3000.00 .1 TY. .... ...... ..... . ..... .4 .0m.() 0 3000.00 . .. EMERGENCY RENTAL OF.2 AUTOMATED .SIDE .. ....... .......... . 1' . ...... .. PROCUREMENT SERVICES- j .O. TOTAL: 21550.00 a ACCOUNT NO. PROJECT 431-2515-534.49-17 PURCHASING Page 213 of 733 1 Rz 1 a E 1 H I F I I I I 1 I 1 1 I I 1 1 I I I 1 1 I 1 I 1 1 f 1 I f I I 1 I 1 1 I , , , I I , , I E-0 O O O 1 i O O O O 1 I 00 O O O in O O Ln Ica I r, O L1 N M In v1 I I , I 1 , , , I , 1 I I I 1 � 1 I 1 I I 1 O O O O 1 O O O O O O O O O 1 ds Co O co O tri h O o O 4 In lf1 1 I I I O O O O O O ra H 4a Ln H N M H rq I 1 I I I O O O O O O , z O O O E 10 rl H ri 0 Ei H i >y 0 I H 1 in Q Q QI O W Ei W 1 Fa W q O O Ai O O 004 O O O H O 00 In n O I W In H N 1 Z ! I H 94 N W M , 10 U! H o1* M � �HCA aQ OMP WH UQ i U] H fw�U3rhi��!]lirA W�aW!�v�$.� W QQC', E� 04+UH rx 04i in Q o H w U U E+ U 01 Z O W .Nvs r^ W O ccrr M G ad 01 c+ m X Ql pW w Mai a I I W 04 W r4 Ea W 134 E+ E+ d Ln Cw CA H H 1 I Zi "� O O 0 NUMB ot& 0A Ctl— Q CO— bA U W WW Dam R M W W 1 as P4iiD4C4 hMp.a WMwM Www W ^Y^ rY W �I I my W N-� Oz WW Do t 1 000000 W `0 ! 00 U W Ncn 0 E+`'C4 ! OH U ETH HZ r .1 14 H Ea O W z U HPX a rn l I 1 1R m at dl WWW O as M M M Ix IX 04 W W El H -- W -„ I In M In W W 5+>4 P4O E+ Q E+ 0 O Q >• Q O 1 ut lP'8 Ya to - H yUU ZZId�+ H H Q 4Z On ;sH E~Q, I 1 in N IA DN N N OO ORM04 Cin H 00 u NOO M U HOO U I UH H H UM M M dl de W ur W ® ® 0 W�HOUrn NUvs �Wcsrn , I r1 N M 1 fsl a-9 N rel I H 1 1 Page 214 of 733 FmquatAnp, e :a n e: Public Works Contact Paitan: ,,,m,__w. rerrW f 2 automatedr the Solid Wake Division Source for Pheck and Three Wftw Qualsanc; GSA stato n SNAPS Sole Source Piggy -Back Budgeted Item Emwmncy hese'Other Contract Number N=, Pdft PMPG@d *ff Puftne Mud ba prowled In ft Lme detaU conlWned YAM dw� 1�m r- ;: a.. 431-2515-534-49-17 Department Head -Manager Aset CRY City Manager Page 215 of 733 FROM: Bill Darly Date: 12108/2016 11 Copy Work — Number of Copies: Double -sided i Collated & Stapled Distribution: 0 Type from the attached / transcription tape I email (to be forwarded upon request) Request for 121/Direct Pay Req. for the attached - Vendor or Person to be reimbursed: Account Number: Request for Requisition Vendor: eject No.: Account Number: Project No.: List Items w/Quantities & Unit Costs on the back of this request. 13 File As: 0 OTHER: u Verbal Quotes ($500 to $1,999): Vendor: ff-Mr., M, Cost: Cost: Vendor: Cost - L3 Written Quotes ($2,000 to $9,999.99) — Attached. Li Wriften Quotes ($10,000 to $24,999) w/Purchases over $10,000 Form —Attached. 0 Bid/City (Over $25,000)- Bid# Li Bid/Other Entity (Over $25,000): Bid#, Bid Eff. Dates,& Bid Quotes —Attached. Special Instructions: Emeraencv rental of 0) fwn noitoma Ld--sideloaders @ $790'0.00 vermanth LA Jim 11 19 "lease sign and return this form to the Office S 11 1 "h 11 -fool Page 216 of 733 I I ± : A TO: Lori LaVerriere, City Managim 81011111111rall .-ROM: Christine Roberts, Assistant Public Works Director L�& I # it - 4 1 . The Solid Waste Division typically needs four automated trucks daily to pick up residential refuse. There are a total of six vehicles including two spares. Out of the six vehicles, four are out of service. One truck the packing blade pulled up the floor liner causing the packing blade to stop. This truck was sent to Sunbelt for repair and is anticipated to be returned approximately on 12/16/16. One truck has a PTO failure and is anticipated to be repaired today. One truck has a hydraulic tank and valve body leak, this is being repaired in the shop however the parts aren't available until 12/27/16. One truck is being refurbished so it can be used as a spare, this is a lengthy process with no anticipated completion at this time. As a result of these break downs we currently have two trucks in service for residential refuse pick up. Staff is requesting an emergency rental of two automated trucks for approximately one month with a possibility of extending an additional month, not knowing how the holidays could affect these repairs. is imperative that we have this equipment so that we can stay caught up with the daily routes. I Attached is a copy of a requisition to Big Truck Rental, LLC along with a rental agreement. This company is the only vendor that currently has these types of trucks available. The cost of the rental is $21,550.00 for both trucks this includes a transport fee and security deposit. If the truck(s) are needed for an additional month the cost will be $7,900.00/ea. Funding is available in the Solid Waste Account#431- 2515-534-4917. Please consider approval and sign the attached rental agreement. These trucks do not stay available f6t long. We would like to arrange delivery as early as Monday to avoid delays in scheduled refuse pick up. If you have any questions please let me know. Page 217 of 733 • = IM COMPanYAddress 5001W.LemonSt. Tampa, FL 33609 "repared By Mark Rentschipr Billing Customer City of Boynton Beach Billing Contact Bill Darty Billing Address Po Box 310 Boynton Beach FL 33425 Billing Contact EmailI2q&bbft.us Billing contact (561) 742-6215 Phone Shipping Contact Billing Contact (561) 613-8001 Mobile Shipping Contact Created Date 12/8/2016 Email mark@bigtruckrental.corr. Quote Number 00005679 Rental Customer City Of Boynton Beach Shipping Contact Bill Darty Shipping Address 222 NE 9th Ave Boynton Beach FL 33435 Shipping Contact Labb ,us Email Shipping Contact (561) 742-6215 Phone Shipping Contact (561) 613-8001 Mobile Order Subtotal $15,800.00 Total Security $3,000.00 Deposit Total Transportation $2.750.00 Cost I WAUUZUBEM008082 I Automated Side Loader I B9489V 1M2ALJ04C3GM0s03qe Imzftd 81416 Loader I B3193V $1,975._00 NOTES/EXPLANATION OF ADD111ONAL COSTS. Special Terms Transport is round trip from I EZUE9�� 41.374 i 4,162! Tampa, FL 19,028 1,895 TaMM FL $1,500-00!1 12/1212016 i S100= 12M212f1I6 118/2017 11812017 MASTER RENTAL AGREEMENT. This document supplements the Master Rental Agreement, which the Customer signed and is subject to all Provisions therein. Page 218 of 733 % `111 , tl� rlu, Evil - sawt MAINTENANJEw QWojjr is rej%j#i4 9 # W ZMAJITA15 FIRRA W&,,i ON1 4. Wz I I 1111ip1!1111' , .60 I st rental revenue for Big Truck Rental, then this Supplemental Rental Agreement shall automatically extend and �ustomer shall be billed for a reasonable period of time with which to make the necessary repairs. The customer is responsible for collection of prepaid security deposit. Uncollected security desposits older than one year, "611 be forfeited. TIRES: As s? tire is a on . —WA,^t rt �je' -101" M M n M LEER M. of that nature are the responsibility of the Customer. By execution of this Rental Agreement, Customer acknowledges that the Vehicle described herein is rented to and in accordance with the ter conditions and kovlslo inot DRUER'S LICENSE #: DATE: TAX ID #: STATEF&_ Initial here acknowledging you have read Section 6 on maintenance responsibility in the Master Agreement. Agerff�', Narne� ............... "I'l""I'll""I'll'll""I'll""I'll",lI . ............................. -,""I'll" ............ . ........ . ....................... Agen,'.�.i Page 219 of 733 IMMM., Driver's License M State: Driver's License M Agerill's `4,wne: Drivel's Ucensp M Page 220 of 733 Company Address 5001W.Lemon St. Tampa, FL 33603, Prepared By Mark Rentschlar F��* ; I �,Q# I � Billing Customer City of Boynton Beach Billing Contact Bill Darty Billing Address Po Box 310 Boynton Beach FL 33425 Billing Contact (561) 742-6215 Phone Billing Contact (561) 613-8001 Mobile Billing Contact Emaildarty@bbfl.us Created Date 121812016 Quote Number 00005679 Rental Customer City of Boynton Beach Shipping Contact Bill Darty Shipping Address 222 NE 9th Ave Shipping Contact (561) 742-6215 Phone Shipping Contact (561) 613-8001 Mobile Shipping Contact darty@bbfl.us Email in the Supplement Agreement or Extension Agreement. kb)), ^IF VSPIWIFLOU LFIFIR NFE—Tainne erein 1. Vehicles Covered: Big Truck Rental agrees to rent to Customer and Customer agrees to rent from Big Truck Rental certain vehicles (the "Vehicle(s)") subject to all terms, condifions and provisions set "h herein. • oil wl RaMNIONIF51 w 4, Big Truck Rental's Disclaimer of Warranty; Customer's Obligations Unconditional: •THERE ARE •NO WARRANTIES, EXPRESSED OR IMPLIED, 13Y BIG TRUCK RENTAL TO THE CUSTOMER, EXCEPT AS CONTAINED IN THIS MASTER AGREEMENT OR ANY SUPPLEMENTAL AGREEMENT OR EXTENSION AGREEMENT, AND BIG TRUCK RENTAL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO CUSTOMER, NOR TO ANYONE ELSE, OF ANY KIND AND HOWSOEVER CAUSED, WHETHER BY THE VEHICLE, OR Page 221 of 733 Pffc +sss a ,M ! ,-e1iiTi ;Te'=i CUSTOMER NAME: (Cor�laany NO jJ DATE: _ ar.. acknowledginga - Initial here maintenance pa, .. On � r o #: State: �.. __. ._.. .,_....., _...., Agent's Lame _ ._._._ _.. . _ Driver's License #t: A e or s .fare ...._....,� ?r v Ucen txa tats; A m's Nanne, _. _ __. Driver's License �&:...... State. Therefore,To induce Big Truck Rental LLC ("Big Truck") to enter into this Master Rental Agreement with Customer, the undersigned Guaran Customer pursuant to the Master Rental Agreement, including any subsequent Extension Rental Agreements or Supplemental Ren agrees: • Guarantor is directly benefitfing from Big Truck's decision to enter into the Master Rental Agreement with Customer. • Guarantor acknowledges this Guaranty is absolute, irrevocable, unconditional, unlimited and continuing in nature. The terms # condibons of the Master Rental Agreement,■ length and number of Ufa■ thereunderr whether through Extension Rental Agreements, Supplemental Rental Agreements or otherwise, and Customer's obligations and liabilities, may be increased without notice to Guarantor and without limiting Guarantor's liability therefor. Guarantor y acceptance of this agreement, presentment, protest, notice of protest and all demands for performance and all notices of nonperformance or nonpayment which might otherwise be a condition precedent to Guarantor's liability. In the event Customer fails to make a paymentdue or perform performance obligation,Big Truck may proceed directly against Guarantor wi! proceeding 4 r a claim or exha6sting any remedyagainst Customer,Guarantor acknowledges - of a..yment anfi perforrnance, rantor agrees to pay all of Big Truck's costs, expenses and reasonable attorney's fees incurred to enforce the Master Rental Agreement, in addition # any costs,expenses or _!le attorney's fees incurred by ■ enforce this Guaranty against Guarantor's liability under this Guaranty shall not be deemed waived, released, discharged, mitigated or in any way affected by release or discharge of Customer's obligations through bankruptcy, reorganization, or other insolvency proceedings. This Guaranty shall inure to the benefit and shall be binding on the successors and assigns Big Truck. This Guaranty may not be assigned by Guarantor without the express wfltten consent of Big Truck. Page 225 of 733 state and federal courts located in Tampa, Florida, specifically the County Court of Hillsborough County, Florida; the Circuit Court of the Thirteenth Judicial Circuit of the State of Florida; or the United States District Court for the Middle District of Florida, for any action or proceeding regarding this Guaranty. Guarantor irrevocably waives the right to a trial by jury arlsing out of or relating to this Guaranty or enforcement of this Guaranty. unenforceabfe, the remainder of this Guaranty shall not be affected and she H remain enforceable as drafted. In the event this signature is delivered by far -simile or email, such signature shall create a binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such fascmile or emailed signature page were an original. I fPr39,w r Page 226 of 733 Z I OlkiLIM WM I F -1 -075T -M 2 IffinVOY4. 51. to 2014 Mack jLEU613 2016 Mads L 11161 111111 111111111lIV 1111�1111 111111 gnu 1M2AU02C6ElV1008082 IM2AU04C3W060396 0 Truck VIN(s) and Value(s) * $1 000.000 •eneral & automobile liabil * Big Truck Rental, LLC as certificate holder * Big Truck Rental, LLC list as AddMonally Insure Big Truck Rental "As Loss Payee" Physcial damage coverage Date of Expiration Notification of Cancellation $214,900.001 66,000 $2S9.00000 ISCOOO Page 227 of 733 Request e '. " `M a mac"", o, Taxpayer dmerumbw: d" nbp .,." kwwwmUkb , Gb pk , y " iS OWPWmim MWWW, ew E] tsr", .. y tax uMmMcvWns Mr,.. u., a lb &mMunidpdity 1 {.";, r`kl ir�q: r � 4r, 1 f �, :FSi7i[ tau" Wii�Y.t nnEnmmHHUE cat >, 1013-Si�a�a�a Page 228 of 733 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170612 BOYNTON BEACH, FLORIDA 33425-0310 E. 12/13/16 zpz*, • W111 TO: TELIUE CORPORATION 16000 HORIZON WAY SUITE 100 MT. LAUREL, NJ 08054 SHIP TO: City of Boynton Beach ITS DEPARTMENT 100 E BO TON BEACH BLVD BOYNTON BEACH, FL 33435 PURCHASING Page 229 of 733 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1.00 EA HYPERCASTER B100 -SDI -30 5950.0000 5950.00 Digital Video Server (1RU), Single MPEG -2/H :264-�:P-pl--:-., , Playout Chann ......... . optional U t :n -K-1'. ...... put: CA.U.1' G SSD, % on, Stora., ..I TB,: Dual --n a N e mead"i Y. DI. :PRT--.CE'VA-L— 2 1-00 EA %V9k12AST-.WZ B1 0 0 - .... .. ..-7.-5.::.`0000 675.00 .1on :-8100 4.]ETerdrae� 3 1.00C " 12X12. SMMOVIDEOHIM - `:1- 00 1255.50 --2 hd fal�CBC1 "'12 ic i format: is D And UltimaH-0 .`SDI router h biAlt i 'n d 1: V. eo mon orj-nq., kzio'b"-,..c'on -gol"', S:p�n GG=SDI �.t nq - h 16gy>jTPC--L 4 1.00 I-N� -'FOVUE PRO. 4455{(3.0: . 4455.00 tack unt InfoVue .ta, signage F-gn ayer. T67 .H _T 4GB U4, 120GBSSD.. P 6t 14DMI & 17:,.output up to 108 I -n Naps - ' ... cludes,acc to �--'baAed'- Inf oVue-i: sigp#ge 4p. f or full ;jaesIgn m 5W 'I t: and, ,-T-ay 1.00 DL INFOV.-t-k;gT ICK .0001 -00 . .... ...... InfOV t -=k .1 tw -:. ......... .. -4ge preview 1 11b1Qu.. :P M'aL"".1 with up to I j�o t 0bK U'tg access for 60 . ntbn ng. For previewing only not ot for production use. PROCUREMENTISERVICES: t �P.O. �T(O�TA7�L,-� ACCOUNT NO. PROJECT 001-1510-513.64-15 PURCHASING Page 229 of 733 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD F�X 3 Cl)� P.O. #: 170612 BOYNTON BEACH, 0 RI 33425-0310 DATE: 12/13/16 TO: TELVUE CORPORATION 16000 HORIZON WAY SUITE 100 MT. LAUREL, NJ 0805t - SHIP TO: City of Boynton Beach ITS DEPA- :• • BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 PURCHASING Page 230 of 733 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 6 1.00 EA SG300-28 629.9900 629.99 Cisco SG300-28 28 -Port Gigabit Managed Switch../TPCL.,.-.-,..1,:.. 7 1.00 FRA BLACK MAGI ..... 265-5000 265.50 "..:. Black SDI A . ....... .... ...... .. .. mini 8 1.00 EA PEO��-4'."±:O-C . ... 1-979.1000 1979.10 :D 26 cQdeir, ........... ........ .. WIT. an" -00-m-jDosite V. -D Au -d' t IQ u S. a 9 1.00 k a A K T 21, 1 490 215.10 f W OE. COM n cludes rzCdk' -P a, -n 01 f ot 3 ehdode'.., s.;. triple % ' pincl��:�'power supply .'kt a :...-.':�m0unting" �.,j-ac e TPCL 10 1 00 Dti7:: PA. E GRAP14 P14 T. -CS -SA$lc . 0:01 w 0 0 Or 0 Iona a B " s R '.::Gr.aphi c.s for ProViie: orHy ProVue lnside'- Per.Caster,�, Ad't'bli� On Screen. ' i�en Text Crawl aj-nW; Insertion" go 11 1.00 F-AH3tFEi TER IP: CAP'T.ME 1`375. "..`0000 1350-00 .TCae )pt-ion C00 ure an HD:: 1�t5an schi.,.-d ;fib: .0 =and p can -:: be placed oaox trans ev - t another a 12 1-00 EA STD -SW -CTRL ... 450,0000 450.00 Option - Switcher Control Software, Supported Switcher PROCUREMENT SERVICE tip P.O. �ITOTA�L�� ACCOUNT NO. PROJECT 001-1510-513.64-15 PURCHASING Page 230 of 733 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170613 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/13/16 MIR TO: TELVUE CORPORATION 16000 HORIZON WAY SUITE 100 MT. LAUREL, NJ 08054 SHIP TO: City of Boynton Beach ITS DEPARTMENT 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 EXTENDED LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 13 1.00 F.A EPISODE PRO 7 - PC OR MAC 1075.5000 Episode is a multi -format encoding apLoica ioa `m��Oe s video cation o all: mijjh' mob 1 p-xta3eand1 PROCUREMENT SERVICES - ACCOUNT NO. 001-1510-513.64-15 )0.0 2500.00- 'G'XF IMX'- 50.00 wo 50.00 .M 4: f "using or -en - Episode Pro is e qu i r. /TPC 7-- 14 1.00 -Ek M -0: a t V6'r 'T. r d" a*.n,:.. arver Knox wl- t r, 15 50.00 -DL- RB.1 00 - S H IP' appl, OC.hargd. -;`3100 Series 16 .50.00 DL -:' I N R OVU E SHIP -ovdo Shipping P CL 17 100.00 DL;: 9 0" -�Sh #Mpg -C-harges ��--'.C-.Qmponent' .... ...... Drake REMARKS 13BTV REPLACEM-MT-.:j5.AR R-E� &:SOFTWARE. ....... DWA SOLE SOURCE VENDOR"' QUOTE #Q-012377 DO NOT MAIL PO - ITS WILL SEND TO VENDOR PROCUREMENT SERVICES - ACCOUNT NO. 001-1510-513.64-15 )0.0 2500.00- lQ0 50.00 wo 50.00 0 0 1 P.O. 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This will replace end -of - life hardware, software and infrastructure to continue supporting and broadcasting on BBTV Comcast channel for Boynton Beach subscribers. lRecommended Vendor Telvue Corporation Dollar Amount of Purchase 16,001 �source for Purchase (check and attach backup materials): Three Written Quotations GSA r--,-1 L State Contract L—j PRIDEMESPECT --j SNAPS L --j Sole Source r -----i Piggy -Back L --j Budgeted Item Emergency Purchase L --j Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. ,tT Page 237 of 733 TELVUE CORPORATION Quote#. Q-012377 16000 HORIZON WAY, SUITE 100 Quote Issued: 2016-12-08 MT. LAUREL, NJ 08054 Quote Expiration: 2016-12-31 Wr 5HARE YOUR ViSION- TO[Vue Ouptation - Iden al Tefte Contact Information ei itact Prepared by: Prepared for: Denise John McNally TeNue Corporation Boynton Beach FL Email: drolfe@telvue.com ITS Director and Tech Contact Phone: (800) 885-8886 mcnallyj@bbfl.us Fax.- (856) 866-7411 (561) 742-6073 Please use Fax No. to submit signed quote, or email Ship to address: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 USA Special Terms Includes special anniversary pricing for 13100 Hypercaster SDI and ProVue graphics bundle (expires 12/31/16), trade in credit for existing equipment, plus applicable municipal discounts. *Prior to signing the quote in indication of your acceptance as a purchase order, please confirm the billing contact information and shipping information above. *If you have any questions please contact your TeIVue contact (identified above) - Customer Acceptance . . . . . . . ....... ....... f 1111111 jr i ............wi n,-ninl tPwis fieIrl By signing below, customer accepts quote as purchase order on the above terms: Printed Name: Title: Signaturw Date: Thank you for your business. The following page contains a quote for TelVue products and services. www.teivue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone� 1-(800)-885-8886 1 Email: sales@telvue.coM Page 238 of 733 TE . LVU E& WE SHARE YOUR VISIONd , TELVUE CORPORATION Quote "12377 16000 HORIZO.Ne + MT. LAUREL, NJ 8 Quote ,2016-12-31 1100 1.001jHyperCaster Sories ',Digital Video Server (1RU), $5,950.00; $5,950.001 $5,950.00 $5,950.00 iB100-SDI-30 :Single MPEG -21H.264 SDI I `Playout Channel, Up to 3 I 1optional IPoutput channles, 120 k t GB SSD HD for OS, Content I i ` yStorage: 1.7 TB, Dual GigE, Network Share Ready. `DISCOUNT PRICE VALID I J. 1.00 H perCaster y eUNTIL 31DEC2016. e . ._ .- .,. Drive ; 'Option - 8100 - 4 TB Hard $750.001 10.0 $750.00 $675.00 ( 0%j° $675.00;. jB100-4TB € f Third 1 OO1Black Party Magic Smart Advanced 12 x 12 multi format $1,395.00€ 10.00% $1,395.00 $1,255.50; $1,255.50 lVideohub 12x12 6G ;SD, HD and Ultra HD SDI router i I InfoVue 1 A0 InfoVue Pro E k 1.00�InfoVue Stick - Preview Third Party 1.00 SG30D-28 .with built in video monitoring, „spin knob control, 6G -SDI technology.ITPCL a ,Professional rackmount InfoVue digital signage player. Core V `3.2GHz, 4GB RAM, 120GB SSD'. „storage, HDMI & IP output up to 1080p. Includes access to y cloud-based InfoVue signage application for full design, h management, and scheduling of one or more players InfoVue Stick - Digital Signage 'preview player. HDMI output with up to 1080p output. WIR •::access for content loading. For previewing only - not for production use. Cisco SG300-28 28 -Port Gigabit Managed Switch/TPCL 1.00 Black Magic - Black Magic SDI to Analog MINI -SDI -TO -ANALOG Mini-Converter/TPCL 51 $4,950.00: 10.00%, $4,950.00 1 i I i I I4 k I ; $195.00;,100.00% $195.00 $4,455.00, $4,455.00; i f I € i I $0.00: $0.002 $699.99 10.00% $699.99 $629.99 $629.99. $295.00 10.00% $295.00 $265.50 $265.50 www.telvue.com 1! 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 80Phone: .0 .: 8886 1 Ernail: sales@teivue.co Page 239 of 733 Effamm TELVU C PO ATION Quote#: Q-012377 Ef I 16000 HORIZON WAY, SUITE 100 Quote Issued: 2016-12-08 T. LAUREL, NJ 08054 Quote Expiration: 2016-12-31 1.00: PEG-NE24-IP-C i 1 00g PEG -RK -KIT Drake MPEG2/H.264 Encoder with SDI and Composite Video/Analog Audio inputs. ''Shipped with a gigabit copper SFP./TPCL 3 Drake PEG -RK -KIT for NE -24 series of encoders. Includes rack' panel for 3 encoders, triple .power supply, and power supply mounting bracketJTPCL $2,199.00: 10.00%I} $2,199.00, $1,979.103 $1,979.10 I i $239.00` 10.00% $239.00: $215.10; _ $215.10` e } f I I $15,425.191 1.00; ProVue Optional Basic Graphics for ProVue Graphics - 1 RU or HyperCaster ProVue Inside - Basic Adjustable On -Screen Text Crawl i and Logo Insertion f S -Series Optional Items 1.00'HyperCaster IP IP Capture Option - Capture an HD 1 ?Capture `SD MPEG-2 TS on schedule and store as a file. The captured file can be played out locally or transferred to another device. 1.00 STD -SW -CTRL Option - Switcher Control Software, Supported Switcher Third Party 1.00 Episode Pro 7 Episode is a multi -format encoding PC or Mac application for PC that encodes video to all major Web, DVD authoring, mobile, portable device formats, and pro formats (MXF, GXF, IMX, MPEG -214 TS). If using for HyperCaster, then Episode Pro Audio is Required /TPCL $1,000.00.100.00W $1,000.00` $0.00= $0.00' $1,500.0010.00%� $1,500.00, $1,350.00 $1,350.00 t I I $500.00 10.00% $500.00. $450.00 $450.00 $1,195.00 10.00% $1,195.00 $1,075.50 $1,075.50 www.teivue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 � Phone: 1-(800)-885-8886 1 Email: sales@teivue.com Page 240 of 733 TELVUE CORPORATION Quote* Q-012377 T E LVU E'l 16000 HORIZON WAY, SUITE 100 Quote Issued: 2016-12-08 MT, LAUREL, NJ 08054 Quote Expiration: 2016-12-31 WE SHARE YOUR VIWON- 1 1.00,lTrade-in Credit For Trade-in Equipment: Server, $0.00; i ($2,500.00)1 (i2,500.00)! ($2,500.00)1 Credit IWEBUS, Knox switch JI i I - $2,500.00 I HyperCaster rShipping Charge - B100 Series /TPCL B100 -SHIP InfoVue Ship InfoVue Shipping ITPCL arty MISC-SHIP IShipping Charges - Components, Cisco switch, BMD, Drake $0.00, $100.00" $50.00! 1 $100.00! $100.00. i Sub -total $200.00 Total Item Count: 17 Grand Total: $16,000.6! A finance I late fee of 1 % per mo ith Will be added to an unpaid b lance each month thereafter. purchases of equipment outsid of the United St-�tes reauire advance payment or letter of credit. Net 30 Days. 2% cash/1 % net 15. Credit cards are accepted www.teivue.com 116000 Horizon Way, Suite 100, Mi. Laurel, NJ 08054 1 Phone: 1-(800)-885-88861 Email: sales@teivue.com Page 241 of 733 Year 2 TelVue CareTM: 0.00 Year 3 TelVue CareTm: 0.00 Year 4TelVue Care'rm: 0.00 Year 5 TelVue Care'rm: 0.00 16000 Horizo, ITay, 5uite 1111t, Ilit. Laurei, il RTV� , !I. - m I Page 242 of 733 ' CO"TELVUE RPORATION Quote#: 12377 T E LVU E'i600c) HORIZON WAY, SUITE 100 Quote Issued: 2016-12-08 MT. LAUREL, NJ 08054 Quote Expiration; 2016-12-31 WE SHARE: YOUR VISJON' TeiVue Tenns & Conditions Tile products ("Products") and services ("Services") provided by TelVue Corporation (TELVUE) to you ("Customer") are subject to the following teens and conditions ("Teens and Conditions"). By placing an order with TELVUE, Customer agrees to be bound by these tens and conditions. These Terms and Conditions shall apply to all quotations and offers made and accepted by TELVUE. The Terms and Conditions contained herein are subject to change at any time by TELVUE in its sole discretion and without notice to any potential purchaser ofthe TclVue's products and services. No purchase order submitted under these quoted Terms and Conditions shall be deemed to create a binding contract until such time as TeIVue accepts such purchase order. TeIVue reserve the right to decline any purchase order based on this quote at its sole discretion. Customer agrees that these Terms and Conditions may in some instances conflict with some of the terms and conditions affixed to the purchase order or procurement document issued by the Customer. In that case, the Terms and Conditions contained herein shall govem and acceptance of Customer's order is expressly conditioned upon Customer's acceptance of these Terms and Conditions whether the Customer accepts the Terms and Conditions by written acknowledgment, implication, or acceptance and payment of Products of Services purchased. TELVUE's failure to object to provisions contained in any communication from Customer to the Contrary shall not be deemed a waiver ofthe provisions ofthese Terms and Conditions. TELVUE will use commercially reasonable efforts to ship Products to Customer's address listed on the TELVUE Quote Form, and to provide Services to Customer's authorized users in accordance with the scheduled date specified by TELVUE. Customer acknowledges and agrees that delivery schedules are subject to change. TELVUE will notify Customer of any anticipated delay of thirty (30) or more days in delivery of the Products or Services purchased. Products are delivered F.O.B. TELVUE shipping point. Customer shall pay all shipping charges, including without limitation, transportation charges and insurance premiums, and shall be responsible fiat, all taxes, duties and other government assessments. Customer shall pay TELVUE for any product or service fee (collectively, "FEES") set forth on TELVUE's Quote Form. Payment shall be made in U.S. dollars in the U.S. where Customer has established credit, and the terms ofpayment will be "NET 30" -- thirty (30) days from invoice date unless otherwise indicated on the invoice. Any FEES not paid by Customer when due shall bear interest until paid at a rate of one and one-halfpercent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by law, whichever is less. Customer shall be responsible forthe costs, including without limitation, attorneys' fees and court costs, incurred by TELVUE in connection with TELVUE's collection of any past -due FEES. Customer shall bear and be solely responsible for the payment of all taxes levied or assessed in connection with the Products and Services, if any, including without limitation, all sales, use, rental receipt, personal property, import and monthly or other taxes (but excluding taxes based solely upon TELVUE's income). In addition to any other remedy available to it, TELVUE may suspend or terminate the Services, in whole or in part, upon Customers failure to timely pay the FEES without incurring any liability to Customer or others associated with Customer. All FEES paid and charges made prior to any tennination as provided herein are nonrefundable. Termination of the Services shall not release Customer from any obligation to pay accrued charges on FEES- TELVUE may increase its FEES for any TELVUE-provided content and third -party software to the extent that its licensors raise their fees to TELVUE upon not less than thirty (30) days prior written notice to the Customer. If the increases exceed ten pet -cent (10%) ofthe then current FEES, Customer may choose to delete the TELVUE-provided content or third -parry software, as applicable. TELVUE reserves the right to begin charging Services FEES ifthe Services are not launched by Customer within one hundred twenty (120) days of the order date through no fault of TELVUE. Customer shall comply with all export laws and rest ictions and regulations ofthe Departinent of Commerce or other United States or foreign agency or authority, and shall not export, or allow the export Or re-export of the Products or any Confidential Information or any direct product thereof in violation of any such restrictions, laws or regulations, or to Afghanistan, the People's Republic of China or any Group Q, S, W, Y, or Z country specified in the then current Supplement No. i to Section 770 ofthe U.S. Export Administration Regulations (or any successor supplement or regulations); Customer shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to the export from the U.S, of all material or items deliverable by TELVUE to any location and shall demonstrate to TELVIJE compliance with all applicable laws and regulations prior to delivery thereof by TE LVL.JE. TELVUE warrants to Customer that tile Products or Services offered by TELVU E pursuant to these Terms and Conditions shall conform to the specifications for such Products or Services mutually agreed to by the parties in writing at the time ofsbipment. The warranty period for hardware -based Products shall be twelve (12) months from the date of shipment. Customers sole remedy for breach of time foregoing warranties shall be limited to Product replacement, of if replacement is inadequate, or in TELVU E's sole discretion impractical, to refund the purchase price. TELVIIE PROVIDES THE PRODUCTS AND SERVICES "AS IS" AND MAKES NO WARRANTY THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TELVUE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE PRODUCTS OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAtNFD THROUGH THE PRODUCTS OR SERVICES. EXCEPT AS SET FORTH HEREIN, OR IN A WRITTEN AGREEMENT BETWEEN THE PARTIES THAT EXPRESSLY AMENDS TELVUE'S WARRANTY, AND SUBJECT TO APPLICABLE LAW, TELVUE MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR NONINFRINGEMENI) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY RELATING TO THIRD PARTY SERVICES, ANY WARRANTY W1711 RESPECTTO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING www.teivue.com � 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 ' Phone: 1-(800)-885-8886 1 Email: sales@teivue.corn Page 243 of 733 TELVUE CKDRPO RAT 110N Quote#: Q-012377 T E LVU E& 16000 HC3Z0N WAY, SUITE 100 Quote Issued: 2016-12-08 T. LAUREL, NJ 08054 Quote Expiration: 2016-12-31 Wr SKARr YOUR ViSiON" SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. To the extent that TELVUE data is transmitted over the Internet, Customer acknowledges and agrees that TELVLJ E has no control over the functioning of the Internet and TELVIJE makes no representations or warranties of any kind regarding the performance of the Internet. TELVUE and Customer are independent contractors in the performance ofthese Terms and Conditions, and each party is solely responsible for all ofits employees and agents and its labor costs and expenses arising in connection therewith. Customer is responsible for and will indelimify TELVUE from any and all claims, liabilities, damages, debts, settlements, costs, attorney's fees, expenses and liabilities of any type whatsoever that may arise in connection with the purchase and use of Products or Services and on account of Customer's activities, or those of its employees or agents, including without limitation, providing unauthorized representations or warranties (or failing to effectively disclaim all warranties and liabilities on behalf of TELVUE) to its customers or breaching any tern, representation or warranty of these Terms and Conditions. Certain TELVUE Products gild Services require a full-time Internet connection for proper operation. An Intel -net connection may also be required for remote TELVUE support. Customer is responsible for providing Internet access that meets TELVUE's requirements. Customer shall provide TELVUE with access to Customer's technical personnel, facilities, systems, databases and information as necessary or appropriate for TELVUE to perforn, its obligations under these Terms and Conditions. Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants to TELVUE that such content will not violate or infringe any copyright, patent, trademark, trade secret, confidentiality or other proprietary right of any third party. License granted to Customer is for the object code version oftbe Products or Services and TELVUE-provided content only. Oustomer has no rights to the source code for the Products or Services or any TELVUE-provided content. Customer shall not permit anyone under Custoiner's. direction or control to, reverse engineer, disassemble, de -compile or remove any identifying mark of TELVUE or its licensors from the Products, Services or any TELVUE-provided content or attempt to do so. Customer may not modify, adopt, translate or create derivative works of the Products, Services or any TELVUE-provided content without TELVIIE's express written consent. The Services are licensed as a single product. TELVUE-provided content may be used only in conjiniction with the Services. TELV LIE shall retain all Proprietary Rights in and to the aforementioned and to any discoveries, improvements, inventions (whether or not patentable), ideas or know how that is conceived, learned, or reduced to practices by TELVUE in the course ofpci-formance under there Terms and Conditions. Both parties agree that all system designs, computer programs, data, processes, trade secrets, inventions (whether or not patentable), algorithms, know-how, and ideas and all other business, marketing, technical and financial information they obtain from the other party constitute "Confidential Information" of the disclosing party if marked as such when disclosed in writing, or if disclosed orally, designated as such within 10 days of oral disclosure. Except as expressly and unambiguously allowed under these Terms and Conditions, TELVUE and Customer agree to hold in confidence and not use or disclose the other party's Confidential Information. The receiving Party shall not be obligated for any information which it can document: is in or (through no improper action or inaction by time receiving party) enters the public domain (and is readily available without substantial effort), or was rightfully in its possession or known by it prior to receipt from the disclosing party, or was rightfully disclosed to it by another person without restriction, or was independently developed by it by persons without access to such information and without use ofany Confidential Information of the disclosing party, or is required to be disclosed pursuant to local or federal statutes and/or regulations. These obligations shall continue for a period of three (3) years from disclosure. TELVUE WILL NOT BE LIABLE WITH RESPECT TO OR ARISING O[JT OF ANY SUBJECT MATTER OF THESE TERMS AND CONDITIONS LINDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID TO TELVUE HERE LINDER Olt ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST OF PROFITS, BUSINESS REVENUES OR SAVINGS, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES.TEI.VUE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE ENTIRE RISK ARISING OUT OF THE USE AND/Oft PERFORMANCE OF THE PRODUCTS OR SERVICES REMAINS WITH CUSTOMER. IN NO EVENT SHALL TELVUE OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS. BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OF OR INABILITY TO USE ANY PRODUCTS OR SERVICE, EVEN IF TELVUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE OTHEWISE FORSEEABLE. IN THE EVENT' A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITAI IONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. TefVue Hardware Warranty and Tc1Vue ('are Extended Warranty Terms and Conditions -TeIVue Corporation (TelVue) will at its option, either repair, replace or upgrade software and/or firmware on any product manufactured by TclVue which proves to be defective in materials or workmanship or fails to meet the specifications which are in effect on the date of shipment or such other specifications as nlay have been expressly agreed upon in writing For a period of one ( I year froin the date of original purchase. With optional TelVue Care, the equipment owner can extend these teens for up to four additional years. Certain products www.teIvue.com 116000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 1 Phone: 1-(800)-885-8886 1 EmaiL sales@teivue.com. Page 244 of 733 TELVuE CORPORATION Quote4. Q-012377 Quote Issued: 2016-12-08 T E LN Quote Expiration: 201 &12-31 ,/U E0 I 16000 HORIZON WAY, SUITE 100 MT. LAUREL, NJ 08054 WE: SHARE YOUR VIS M14 - that are not manufactured but are resold by TcIVue will carry the original OEM warranty for that product. In the case of a failure, the customer will be responsible for round trip shipping is to TeIVuc and up to a $500 maximum factory repair service deductible. This warranty does not cover damage resulting fi-orn (j) use or installation other than in strict accordance with manufacturer's written instructions, (ii) disassembly or repair by someone other than the manufacturer Or a manufacturer -authorized repair center, (iii) misuse, misapplication or abuse, (iv) alteration, (v) lack of reasonable care or (vi) acts of God. A $500 reactivation fee will apply to a lapsed warranty for TeIVuc Care on equipment. if any provision of these Terms and Conditions is held unenforceable by a court of competent jurisdiction, that provision shall be Ifinited of eliminated to the mininturn . extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions shall be governed by and construed under the laws of the Stale of New Jersey and the United States without regard to the conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that venue for any action of any kind shall be Burlington county, New Jersey. Any waiver or anictiftent to these Tern's and Conditions shall be effective only if made in writing and signed by a representative of the respective parties, authorized to bind the parties. The prevailing party in any action to enforce these Terms and Conditions shall be entitled to recover costs and expenses, including, without limitation, attmneys'fees. Notices given under these Terms and Conditions shall be in writing and emsidered to be received upon the earlier of actual receipt or five (5) days after mailing if mailed postage prepaid by regular mail, or one (1) day after such notice is sent by major commercial rapid delivery courier or facsimile transmission. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights. INFOVUE - Terms & Conditions: InfoVue is sold under additional terms and conditions related to various 0001181 information services available. These terms and conditions are contained on the TeIVue web site. It is the responsibility of the Customer/user to review those terms and conditions and to ensure compliance with them. The terms and conditions for InfoVue can be found at: http://www.telvue.com/wl3--content/uploacts/InfoVue-End-User-Licensing-Terms-and-Conditions-2015-5-4.pdf The information contained in this quote is Confidential and proprietary to TeIVue Corporation and may not be disclosed to third parties or duplicated, in whole or in par, without the prior consent ofTcIVue Corporation. www.teivue.com 116000 Horizon Way, Suite 100, Mi. Laurel, NJ 08054 1 Phone: 1 -(800)-885-8886 1 Email: sales@teivue.corn Page 245 of 733 TELVUE CORPORATION i6(:)c)c) HOR17-ON WAYSUITE 500 M -r, LAUREL, NJ 08OE54 a TrelVue's server software is proprietary and it runs on PC server hardware and video decoders specially selected by TelVue for optimal performance. Our business model is straightforward: the TelVue servers are offered only by TelVue, because we don't release proprietary code separately from the hardware. This proposed system upgrade for the city of Boynton Beach, FL, is the only one that is compatible in terms of "parts." As above, it is our proprietary software for content management and scheduling that we alone service and support. TeIVue is the only company that can offer Boynton Beach, FL a trade in credit for its existing playback system, and special purchase pricing for a new one. TelVue is also able to offer Boynton Beach, FL applicable municipal discounting against retail pricing as well, making this proposal and its options better than any others. Paul Andrews, SVP -Marketing and Sales TelVue Corporation 16000 Horizon Way, Suite 500 Mt. Laurel, NJ 08054 pandrews@telvue-corn p P;00.88E;.8saG F.,856,B66,741 www,1ELVUExom Page 246 of 733 PliRCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES #2±±*2© 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.Q. #: 17061V BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/14/16 TO: CPH, INC. 500 WEST FULTON ST. SANFORD, FL 32771 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE Fz,'OYNTON BEACH, FL 33435 PROCUREMENT SERVICES: P.O. TOTAL 17150. 00 ACCOUNT NO. PROJECT 001-2730-572.46-98 PVRCHASING Page 247 0 733 w 0 IL 1 I I I 1 1 1 1 I 1 I I 1 I 1 I i I i 1 I I 1 I I I 1 I I �7! 1 1 f7 1 n i 1 p I I ci 1 I pd1 6� 1 1 I H 1 I I I K� 1 I 1 I I I I 1 1 I 1 I H I 1 1 I 1 I I I i I i i i 1 I i I i I I i I 1 I 1 1 i I I i A H �u ova a K) ca a H O H HO H E �a H z° to I `0 K t:j1 I tP H U] W I H N 1 n H Di 0 I 0 la] pqI V 1 I ® I 1 t 1 H I I • n i H 100 tqI 1 m w m b H J F3W Ci q O 1 Vu O 1 1 ti 1 < P2 rA O 1'3 1-] H 1 y N I y �N ® H 0 1 z1a H a 1 w4 O I LrJ 1 p cn p I m 0 1 ^al 1 f'a � •r 1 1 0 CD N I 7 1 In 1l ® I H N (n 09 I � ® 1 t7 t" 4 1CIS H d O 1 p y (] y I I a H I d 1 H 1 i n ea iLa z O e Iy 1 I gsj 1 r � I I w 1 I I I I 1 1 H I I I I 1 I I 1 P� 1 y .. .. r I N N I F+ I N H Wage 8 of 733 9A F a` `(�'AAs�'� r t n 4a BEACH 61,0 000 `"UmIl"Asi m° l"svmmoqvu 9. 1 �H �p. ,tat�Af 'r rmvi?s' +Q m� H"�" ,rc 4t�'�' r% t o a a - `.i, -,.,i`' ��r�� *tw, A��x i e�•x a � 6 n ��»m ?�y° �aaa�� ,�� ,�ti SJ rNI'l 138,01k � i"a =; �� Ak6 �,I 77"'T A _ t,son« Ayr 7 z S bra _. .Vis' as $& d ; Bav, t k s N.w aa, ? jm, A &a` taa.a �. a rte§ A "p "'T w, ss E,,aB, t'k"kan 2` i7 3S` (Is l ty ssxa+r'n .m'.ear trt . y u, a'i to t�: barIa, r , t. Page 249 of 733 A Copy Work — Number of Copies: Double -sided / Collated & Stapled Distribution . . .................................... El Type from the attached /transcription tape /email (to be forwarded upon request, 0 Request for 121/Direct Pay Req. for the attached Vendor or Person to be reimbursed: Account Number. Project No.: 0 File As: 0 OTHER: Special In r ti • Verbal Quotes ($500 to $1,999): Vendor: Cost: Vendor: Cost Vendor: Cost • Written Quotes ($2,000 to $9,999.99) —Attached. • Written Quotes ($10,000 to $24,999) w/Purchases over $10,000 Form -- Attached. • Bid/City (Over $25,000). Bid# • Bid/Other Entity (Over $25,000): Bid#, Bid ates,& Bid Quotes —Affached. Date completed: Page 250 of 733 `.YI'll k. F! #i-�! F 'r• i f f i • ry t t'�. ! is ! r _ ! •� 4 Y 11 °# ! - ♦? - t,.. Inc., herein after called PART I PROJECT DESCRIPTION. CLIENT proposed to have CPH to provide engineering ancl surveying services for k',i ' t`. l ! t li..' ! ', ! 1 ! a i': i ,. !+' ! 3� 1 1 �t � ♦ t ;! t Y.. ; r' f 1 £ >!: . i Y 1'' alf t lir= F ! _ ■ i ! r i !':I WMIXIM I UWA41witt- lk- 1 f ! F Y t Y i Fell !- ! F ! �. i �. t ! r # ► M � f' i ; f CPH. e Page 1 of 6 Rev V2016 Page 251 of 733 • Cover Sheet • Boundary and Topographic Survey (Provided by Surveyor) • lUblity Plan with Profiles and Details 2.0 PET"rUlNg M Upon reoelpt of the CLIENTs approval of the respectiva plans listed above, CPH prepare the permit applications and support date for the applicable regulatory agencille Including; City of Boynton Beach, Florida Department of Transportation (FDOI =I - J1 oil KCAWF111 CI*I�i4l_ 7711vz A71114UMT-41177 =77, 3.0 CONSTRUCTION OBSERVATION CPH proposes to conduct the minimum number of site inspections rkeosmry to certifffy nralpot. S �auid odd itto i9i AaAft g_& AQAQQQ1TA_ CIE imml iT, T: enclotied. For purposes of this proposal, no more than two meetings are Included within th scope. This task also includes review of as -bulks, coordination with the Contractor, a closlng out of the permits. CPH' inc.-4L Page 2 of 6 Rev 4/2016 Page 252 of 733 10 TOPOGHMHIC SU Perform a Topographic Survey as per Rule Chapter 6J-17 of the Florida Administrative Code in compliance with the Standards of Practice of Surveying and Mapping of the State of Florida. ri 4 o 60'topographic grid at both directional drill locations to include a 50, oftet north and south •east and 6 Location of existing visible above ground improvements & visible utilities within scope. e Location of designated underground utilities within scope (if marked by othcow.- Rfield * Set two (2) site benchmarks at both directional drill locations. 0 Location of trees within scope. 0 Signed and sealed Topographic Survey to include both directional drill locations R,.: one survey. CLIENT-FURNiSHED INFORMATION It is understood that CPH will perform services uncier the sole direction of the CLIENT. In the performance #f these services, CPH will coordinateF.:efforts1 those other project team members as required. The CLIENT shall provide CPH with project -related technical data including, # R ♦ the following. • Project size, location, identification number, and building program. • Current title commitment and any existing boundary and topographic surveys and plats. If CPH is not performing surveying services as part of the contract CLIENT to provide current boundary and topographic Information in AutoCAD 14 or more recent version, or DXF format. Environmental* Previous - • r#reports. investigation FFr access.* Master plan or development plans for the overall project. Preferalbly in AutoCAD 14 or more recent version. or DXF fiormat. * Any other pertinent information concerning this project to which the CLIENT may have Agreement.CPH will rely upon the accuracy and completeness of CLIENT-fumished information in connection with the performance of services under this CPH will begin performance of the above services upon verbal authorization followed by written authorization within 7 days of the verbal authorization to proceed is received. The schedule is also subject tDfimely delivery of information by the CLIENT and is exclusive ofand local review of interim products. If the CLIENT requests that work under this agreement be P.topped, the schedule is subject to renegotiation when written authorization to continue is received. a c 3 of 6 Rev 412016 Page 253 of 733 Page 254 of 733 * Services resulting from changes made by CLIENT following the completion of spectrw project tasks that require re -work by CPH 0 Flood Plain Analyses 0 Site Specific Maintenance of Traffic Plans * Any oftr issues not specifically described in this proposal By: Todd Date: City of Boynton Beach agrees with Fort 1 which includes the Scope of Services and Compensation Schedule. Part 11 contains CPH's Standard Contract Provisions referenced as Exhibit A and CPH's Standard Hourly Rate Schedule referenced as Exhibit. B (attached hereto and acknowledged as being received). Together they constitute the entire Agreement between CPH, Inc. and City of Boynton Beach. Total Labor Fees for services proposed herein. $17.150.00 plus reimbursable expenses. ffif]=Tl� 4 &-d�jmf I til IN CA 11�flz got] 15 #T TIFLI, I A J=1FT,7rT;,7*7F771Ti #5 17� CPH. Inc.—FL PaRe 5 of 6 Rev V2016 Page 255 of 733 By signing this agreement, i acknowledge that I have the legal authority to enter into this )y 2greement and agree to be bound by the terms contained herein. By. Signature Printed Name Tffle: --------- - RM CPH. Inc. --FL Papte 6 of 6 Rev 4/2016 Page 256 of 733 ««Gd�<J/22o¢C:?s6d?A*2m« copies! (Rave "XIII MIRAG Much « 9 SIL21 Koch «,4 $e. -IO Each qzxqa 0.24 MGM „ x 47 lexalIftish e mmh (color) 24x2G *Das Monti „ 90.25 Fach 30KOIR IAS Own 3@X4S S IAZ None „ a,7 24 _ 32 a 42 SI&OD_ , IRS ihktm Ph== m Postage At Minot OL"Pldo Page 257 0 733 tU`Z-,',SUANT TO FLORIDA STATUTE 558.0035, DESIG�A ""ROFESSIONALS; CONTRACTUAL LIMITATION ON LIABILITY - All f - INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY l-IABLE FOR NEGLIGENCE Cointmation Ddeds on-EWd9LEmLq0—s ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO "THE NOTICE AND CURE PROMSIONS OF CHAPTER 558, FLORIDA STATUTES EAU A Pqp 6 of 5 CPH, Inc. -FL Rev &2013 ownement fritlels Page 262 of 733 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 1706 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/22/1 TO: LEGACY LOCKERS LLC 4433 BRONZE WAY DALLAS, TX 75236 SHIP TO: City of Boynton each FIRE STATION #1 100 E. BOYNTON BCH BLVD BOYNTON BEACH, FL 33435 PURCHASING Page 263 of 733 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 24.00 EA DORM LOCKERS 8u,,l4X24"WX24,lD AND 437.5000 10500.00 ACCESSORIES VENDOR ITEM No; -.MR.' -MD -LOCKERS ETC... -N-N X.... 2 524.25 EA LEGACY -.F.. 8.0000 4194.00 801125-01--l-HX4:0": VENPW TE...,7,: �L C- y q. a 3 24.00 RA : TOCK NICKEL!:: - 7 VR.R.T.-T.C.M.0, KEYLESS.... .... .29.2500 702.00 FINI SH: 17-W4 NO. - KEYLWS LOCKS:�:,.. j 4 10.00 . EA :�'�;�::-LAMZNATE.:.�..-.S .. ....... . .. .. ...... INGLE �,"END 'PJANEL:::�,- j jc) .1.0000 1130.00 H -X.2 "IN .NO LMIN M PANELS 5 14.00 Ekm� EMINATE -91NGL--t "PANEL DBL :--b-4 ,10 0 798.00 A 4 0!'HX 2 3 ENDOR. It -Em. No ,= LAMINATE 8 INGLE END 6 1.00 EA INS' ATLA-T IQNm"NON UNION. LABOR.: 42b0 000.0 4200.00 DISCUSSED :.m. VENDOR ITEM NO.::'�. ': INSTALLATION sm 7 1.00 EA LEGACY BASE PACKAGE (MR MDF) 2550 €x,000 2550.00 VEND! �R ITEM: NO. PACKAGE . .... . 8 1.00 EA X -Y 7 -.-'-"/..��DELIVERAY 2 577 .5, 0 D 0 0 2575. 00 VEM ITEM.: NO. FREIGHT 9 1.00 -EA D I S 7 C.0 1700- 0000 1700.00- VENDOR,;,:: p REMARKS. LOCKERS FOR S#l. QOUTE #28714 PROCUREMENT SER ICES P.O. TOTAL. 24949.00 ACCOUNT O. PROJECT 691-5000-590.04-97 PURCHASING Page 263 of 733 I 1 r I I 1 F I 1 1 I 1 1 1 1 1 I I 1 1 1 1 1 1 1 I I { 1 1 1 1 1 v w w .w Page 264 of 733 M m to 9 P4 m w z z wP�r4 w M 0 u 0 N rA M 1-4 0 U D4 H 0 0 ul �4 0 U pq M M Ix rX4 Q W I 0 0 C) 0 C) 0 0 0 0 No I P U I% c;CDc� c; LP¢ c� m 1 0 ch m C1 0 Ln r. 0 W I M 14 r-- H r- cl Ln Ln r- 0 W H N N 11 PP I 0 0 0 0 0 0 0 0 0 CD Hm I 0 0 0 0 0 0 0 0 0 0 00 C3 Ln 0 0 0 0 0 0 C3 I Ln 0 N C) 0 0 0 0 C) 03 LO 0 a I m (v 1.4 Ln 0 Ln h 0 I W T-4 N Ln LO r- 0 I N CN -f 0 u 0 mz 0 AO 0 Hp�H z 0 M W w w z w OI 0 M � Fq `N I 0 Ln 0 0 0 0 0 C) 0 H Ho p I 0 04 0 0 0 a .0 CD 0 P U r-4 H H H E-4 I c; 4 M �r4 to 0 H (74 C4 M r m z �3 M 04 W z u H 0 0 ca Z cn p U01 gg B W : ca 0 w M L) ril w QW W4 DQ W �c w w w W W in ra = CA M LQ ca to = cl) M M M M m In cn ca rA co to cn 0 W H 41 cn W M M w w w w 11H W u -W >4 u z �.q u N �H U H�.4u M�Hu :m (i �4 U >4 U MPHME� MPH HPH PH PH PHS MH H > H PH M Ga ,M> m> m � nm > m M m �P4 a N 04 D4 r4 z r1l OX 4 N F24 f4 N N P4 w m4w 04W 0<w m4m w4w , 4DQ 4M < To N tA co W &0 co 00 Ca M 0 rJ3 w COW 1:;M Go to ca In V) WS4 VW 9H U M P4 ON �4 ON yH W:+ Z N >+ W>4 M5' r4 pA P rq p4 P H C4 P M%P W C4 Pi pip 04 P PGH fX P H r H W NHM ZHM HN " M , w H M H W H M D4 V4 P4 = P4 P4 D4 D4 � r14 D4 � D4 N N N4 � D4 N4 R4 F14 P4(4 v >�E<n L,n : E<0 UN >� MF� 134 4 >� [n C14 o >+� wC H S+ cn >�c4n �� >� Flog N PZ P OP n P n P P K H -.8 O,H H 0 H IZ Z H +8 z EE- .- a w P rx CO C4 r4 w pi wN o� Hw H '3W 0 �) m CD W m zw N r4 M M O PF4 I OUP4 Q U r4 MU% w UalU rl W E 2 �x UU Cl r4 U IX >WHWH to N m to N MVM nth Ca C GL CAW H rh N M W W 0 H H H >i n �4 r!l m �19 M M >1 M w n H �-+ n w M m n E-1 PC H P 0 E40 PC Po PP0 gpo PC HO P4 E-4 0 Q 0 �'H I PHI H 6 P: 00 M 4 Q HO UHF D4HE WHE WH WH WHE JHE MHE PQ 0 P 0 H: 0400 no URO 900 goo Hoo no no 000 H F4 IX xu u U H U zu EU u u U 0 u 03 U : x z H c) E I 1 0 M 14 9 OU VP4 02 E U HEN 1 9 tmo 9H w WOR &E-4 M I CUpm >M muM U co Urn U0 ZUM MM 1)4Uu M HUW Q I m m -44 Ln LO r, CA 04 0 P 0 U M Z U ul0 0 0 > 0 00 00 00 C30 0 H P r�,q: E-1 H LD CO to 0 H r3 cq m P CR H W M P4 I- I I Page 265 of 733 i'liequesting Department: Fire Rescue Contact Person: Ouidg Explanation for Purchase: Requesting PO to replace the lockers/ bedding at station #1, ecommended Vendor LEGACY LOCKERS. i Dollar Amount of Purchase Source for Purchase (check and attach backup materialsi.. Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy -Back Sole Source Emergency Purchase L --j Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. 'Fund Source for Purchase: We will be using the Donation Account: #691-5000-590-04-97 1,21MM, Page 266 of 733 Hogglatt, Gre2 Elm From: Canela, John Sent: Wednesday, December 14, 2016 11:27 AM To: Hoggatt, Greg; Clemons, Latosha Subject: Staion 1 Dorm Locker Quotes Attachments: Southwest Proposal - 2 pages - 112816 - 72102 - Boynton Beach Fire Department - Legacy Lockers - 24 lockers.pdt CESBoynton Beach Fire (2).pdf, Legacy Boynton Beach Fire Station #1 --Boynton Beach FL.pdf Attached are the 3 quotes for Station I dorm lockers and bed frames Q - 0 00 j� Southwest Solutions Group $39,984.49 FA I ��,@ i i , . �@+TA T. F INTINVTO= Please advise if any other information is needed at this time. ............... John Caneta Captain Boynton Beach Fire Rescue City of Boynton Beach 2080 High Ridge Boynton Beach, FLorida 33426 R: 561-742-6329 1 f: 561-742-6674 Canetai@bbft,us I www.boynton-beach.org I www.bbfrd.oN E�f 'O 0 Page 267 of 733 Product Description Unit Price Quandtv Allfttj"T DeMolstiginalkesistant1wiffCam I Legacy Fire LockerSingle Tier Locker (MR MD 80"Hx24'Wx24"D $437.50 24 Legacy Fire Bed (MR MDF) 80.25L x 14.25H x 40"D $524.25 3 -Full Depth Drawer Units W/Finished Tops Matching Doors, 3 -Wire Pulls, 3 Oval Number D6cs I Legacy vertical Keyless Lock Nickd Finish $29.25 Price Includes 1 Pull Per Lock and 2 Manager override Keys With Order i Laminate Single End Panel (MR MDF) 8WH x 23.25"W $113.00 10 Edgeband 2 Long Laminate Single End Panel (Double Sided)(10111 MDF)- 40"H x 23V $57.00 14 Edgeband 2 Long And I Short Installation -Based On Non Union Labor And Optimal Discussed Conditions $4,200.00 1 Legacy 4"H Base Package (MR MDF) $2,550.00 1 Preassembled In Sections Per Layout With Matching Trim Freight Ship to: Boynton Beach, FL 33426 (Uft Gate And Unloading Not included) *Due to unstable fmal prices a fuel surcharge may appIV. Fuel surcharges Will he added at time of final invoke. Payment Terms 50% Due Prior To Production, Balance Due At Installation (With Approved Credit) Discount Sales Twc Tax Exemo (Please Submit Tax Exempt Certificate Notes Any 11tem/service not specifically mentioned IS NOT INCWDED in this estimate. Lockers are shipped fabricated per Legacy Lockers Standard Architectural Specifications. Please call James Esely (214) 466-1704 vvith any questions AAMOnzed byDate _ Total EsUmat-- Dam Total $10,500.00 $4,194.00 $702.00 $1,130.00 $798.00 $4,200.00 $2,550.00 $2,575.00* $1,700.00 $0.00 Page 268 of 733 Quote # 28714 4433 Bronze Way Salesperson James Esety Dallas,FX 75236 Quote Date 11/23/2016 L E G A C Y- Tall Fm (866) 937-1088 Revised IN16/2016 Phone (214) 466-1700 Ship Date 1 0 C 9 1 a 5 Fax (214) 466-1789 Source . ........................................................ - . . . . ............................................ Est-NBD Project Name: RWtan 8g. Chi Fire Station #1a--JB10aynpWn-8a&dL& John Canele Door Style Mastic Laminate Face; Almond Back (MR MDF) Boynton Beach Fire Station Stain/Finish Standard VNsonart Sellection 2080 High Ridge Rd. Locker Interior Almond Melamine (MR MDF) Boynton Beach, FL 33426 Lock Legacy Vertical Keyless Lock 561742 6329 P Edgeband Closest Match (PVC) 562 742 6674 F Hardware Polished Chrome Canelaj@bbfl.us Numbering 1-3 (X16) Product Description Unit Price Quandtv Allfttj"T DeMolstiginalkesistant1wiffCam I Legacy Fire LockerSingle Tier Locker (MR MD 80"Hx24'Wx24"D $437.50 24 Legacy Fire Bed (MR MDF) 80.25L x 14.25H x 40"D $524.25 3 -Full Depth Drawer Units W/Finished Tops Matching Doors, 3 -Wire Pulls, 3 Oval Number D6cs I Legacy vertical Keyless Lock Nickd Finish $29.25 Price Includes 1 Pull Per Lock and 2 Manager override Keys With Order i Laminate Single End Panel (MR MDF) 8WH x 23.25"W $113.00 10 Edgeband 2 Long Laminate Single End Panel (Double Sided)(10111 MDF)- 40"H x 23V $57.00 14 Edgeband 2 Long And I Short Installation -Based On Non Union Labor And Optimal Discussed Conditions $4,200.00 1 Legacy 4"H Base Package (MR MDF) $2,550.00 1 Preassembled In Sections Per Layout With Matching Trim Freight Ship to: Boynton Beach, FL 33426 (Uft Gate And Unloading Not included) *Due to unstable fmal prices a fuel surcharge may appIV. Fuel surcharges Will he added at time of final invoke. Payment Terms 50% Due Prior To Production, Balance Due At Installation (With Approved Credit) Discount Sales Twc Tax Exemo (Please Submit Tax Exempt Certificate Notes Any 11tem/service not specifically mentioned IS NOT INCWDED in this estimate. Lockers are shipped fabricated per Legacy Lockers Standard Architectural Specifications. Please call James Esely (214) 466-1704 vvith any questions AAMOnzed byDate _ Total EsUmat-- Dam Total $10,500.00 $4,194.00 $702.00 $1,130.00 $798.00 $4,200.00 $2,550.00 $2,575.00* $1,700.00 $0.00 Page 268 of 733 190 Ponderosa Lane Storlyford, CA 95979 Phone: 707-304-0141 NAME / ADDRESS Boynton Beach Fire ri Rescue Attn. John Canela 2080 High Ridge Road Boynton Beach, FL 33426 P.O. NO. TERMS REP FOB Payment w/Order LR ORIGIN ITEM DESCRIPTION QTY COST WT. TOTAL *Quotation is based on the following quantities ordered at one time Ek delivered as a single shipment. ANY deviation will void this quotation. NOTE: All Laminate Materials Will Have Moisture Resistant MDF Core Al -SinglLam-Cust Legacy Model A-1 Locker, Single Tier 24 465.00 11,160.00 Size: 80"H x 24V x 24"D Door Style: Plastic Laminate Face; Almond Laminate Back (MR MDF Core) Stain/Finish: Witsonart Standard Color Selections Locker Interior: Almond Melamine (MR MDF Core) Interior includes: (1) Coat Rod, (2) Coat Hooks, (1) Top Shelf, (1) Drawer with 3" Wire Pull, (1) Oval Number Disc Lock: Padlock Hasp (See other Lock options below) Edgeband. PVC Closest Match Hardware: Brass or Chrome Numbering: Please Specify Estimates valid for 60 days from date of issue. Orders will not be processed without signed approval. Canceled or returned orders may be subject to a 15% - 30% re -stocking charge. Returns must be in original cartons, unused and unassembled. Freight charges not refundable. Return freight charges are the responsibility of the purchaser. CES reserves the right to refund via CES check. CES Total will not be responsible for manufacturer's delay, items subject to prior sale, or freight increases. Special orders/custom fabrications are non-refundable, and not returnable unless product is not as described in customers specifications to CES. Any item/service not specifically mentioned or detailed IS NOT INCLUDED in this quotation. Page 1 Page 269 of 733 190 Ponderosa Lane Stonyford, CA 95979 Phone: 707-304-0141 Email: info@cescompany. corr. 12/13/2016 16-28754 NAME / ADDRESS Boynton each Fire Ft Rescue Attn. John Canela 2080 High Ridge Road Boynton each, Fl- 33426 P.O. NO. TERMS REP FOB Payment w/Order LR ORIGIN ITEM DESCRIPTION QTY COST WT. TOTAL Custom Bed Legacy Fire Bed - Size: 80.25"L x 14.25"H x 40"D. Bed a 545.00 4,360.00 features, - (3) Full Depth Drawer Units w/Finished Tops to Match Lockers, (3) Wire Putts, (3) Ovat Number Discs - Laminate Materials w/ MR MDF Core - Cotor: Specify from Wilsonart Standard Color Selections SinglEP-CustLam Single Finished Plastic Laminate End Panel - Size: 80"H x 10 125.00 1,250,00 23.25"W - Laminate Materials w/ MR MDF Core; Edgebanded 2 tong SinglEP-CustLam Single Finished Plastic Laminate End Panel - Size: 40"H x 14 68.00 952.00 23" - Laminate Materials w/ MR MDF Core; Edgebanded 2 Long Et I short (double sided laminate) OPTIONAL LOCKS: - ADD for Digilock MECH Diat Combo Lock- add $35.00 each - ADD for Digilock SOLA (key managed) - add $60.00 each Estimates valid for 60 days from date of Issue. Orders will not be processed without signed approval. Canceled or returned orders may be subject to a 15% - 30% re -stacking charge. Returns must be in original cartons, unused and unassembled. Freight charges not refundable. Return freight charges are the responsibility of the purchaser. CES reserves the right to refund Aa CES check. CES Total will not be responsible for manufacturer's delay, items subject to prior sale, or freight increases. special orders/custom fabrications are non-refundable, and not returnable unless product is not as described in customer's specifications to CES. Any iterniservice not specifically mentioned or detailed 15 NOT INCLUDED In this quotation. Page 270 of 733 190 Ponderosa Lane Stonyford, CA 95979 Phone: 707-304-0141 QUOTATION NAME / ADDRESS Boynton each Fire it Rescue Attn. John Canela 2080 High Ridge Road Boynton each, FL 33426 P.O. NO. I TERMS REP FOB Payment w/Order LR ORIGIN ITEM TI DESCRIPON =QTY COST WT. TOTAL — 4" Base Leacy 4" Base Package with Matching Trim 1 2,590.00 2,590.00 - Items are preassembled in sections as per layout with Matching Trim. Installation Installation pricing is based on Non -Union or and 1 4,250.00 4,250.00 Optimal Discussed Conditions Ship/125 Ship via Common Carrier/Class 125 to Boynton each, 1 2,600.00 2,600-00 FL 33426 (Lift Gate and Unloading are NOT included in this Quotation. NOTE: These custom products are available for shipment approximately 4-6 weeks from receipt of paid order. *We accept corporate checks, on orders, cashier's checks, and wire transfers. All custom orders are processed and shipped on a pre -paid basis. Unloading and installation are NOT included in the estimate. Lockers are shipped fabricated per Legacy Lockers Standard Architectural Specifications. Any items not specifically mentioned in this estimate are EXCLUDED. Estimates valid for 60 days from date of issue. Orders YAR not be processed without signed approval. Canceled or returned orders may be subject to a 15% - 30% re -stocking charge. Returns must be In original cartons, unused and unassembled. Freight charges not refundable. Return freight charges are the responsibility of the purchaser. CES reserves the right to refund via CES check. CES Total $27,162.00 will not be responsible for manufacturer's delay, items subject to prior sale, or freight increases. Special ordersicustorn fabrications are non-refundable, and not returnable unless product is not as described in customer's specifications to CES. Any item /service not specifically mentioned or detailed IS NOT INCWDED in this quotation. Page 271 of 733 Southwest I! tions Group, Inc. 2535-B E. State Hwy 121, Ste. 110 Lewisville, TX 75056 (80 0) 803-1083 250-2229 BILL TO: John Canela ., ► �NqWF- }, a" # UTHWESTSOLUT )i IS GROU "i busioless efficiency systems Craig Crock Lockers and Bed Frames with Installation Net 30 (214) 878-2949 rsaia� e® Quote , 84924 Date: November 28, 2016 ProJect # 72102 Page I of I Quote valid for 90 days. John Canela Boynton Beach Fire Rescue 2080 High Ridge Rd. Boynton Beach, FL 33426 6 to 8 weeks (after receipt of order) ji\ s . ,;St ptiSt .. a ,: ,,... t r. ct tt , ,'. SIM r f.., s t r s =4,0"',} i t ,, .., ---i's, ,r,. , \, „(,,,:_ , t ts ! s. r,tT s.t.., s t, ,r ,t r,, i. , ,_.. t } r,., ! ) c i ,... ,. ( ) ai ,i. ,,,. t WORM {,.71 )„\ s,.„n ,.,- ,.{.. ,..,, ..� i t ..y,,.., s„,„ 2 ,. 1. _. I ,... 1 > S, ,`, r 5,.�.., I £ , -.} ` ( l t ,i, .S {t }(t t t.. , t{ .. ii i.Ifi. „ 11„ �, ,i .{. � t.,,{-S� {. �,011 .,,\ {\ stSs:1! ,�,. 7 , }} ,.i t {,, c .t`, { t , „ � \{ ��?++,i�S.n.,,.,lst {,,,,,,,t'--.2 ,..: ��ir ��<lit2�im {si<`z Lockers and Red Frame with Installation$39,984.49 Wood Lockers - Single Tier with Key Less Lock and Laminate End Panels and Bed Frames with Drawer Units. Quantity.of 24 Lockers - Single Tier - (80” H x 24” W x 24" D). Includes 1 top shelf, 1 coat rod, 2 coat hooks, and I drawer with 3" wire handle, key less lock entry. Overall height will be 84" tall with the base: Quantity of 24 keyless lock entry units (1 for each locker, includes 2 manager override keys). Quantity of 10 laminate end panels for lockers. (80" H x 23.25" W) Includes 4" high base package. Makes lockers overall height of 84" tall. Quantity of 14 laminate end panels. (Double Sided, 40" H x 23" W) Quantity of 8 bed frames with 3 -full depth drawer units. Includes finished tops and matching doors with 3 wire handles (3"). Plastic.Laminate construction with polished chrome hardware. This quote provides all product and freight, inside delivery, and full installation and clean up (in one trip). Installation is non-union. } tFt Subtotal: $39,984.49 Add sales tax if appiicabW $0.00 P.O. #: Page 272 of 733 6. K. CONSENTAGENDA 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on January 3, 2017. EXPLANATION OF REQUEST: The City Commission met on January 3, 2017 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Exhibit REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Minutes 01-03-17 Action Approved Date 10/19/2016 - 3:06 PM Page 273 of 733 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY JANUARY 3, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Mack McCray. Vice Mayor Joe Casello, Commissioner Justin Katz, Commissioner Christina Romelus, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Mayor Grant gave the invocation. Pledge of Allegiance to the Flag Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Vice Mayor McCray led the Pledge of Allegiance to the Flag. ROLL CALL Judith Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested hearing items 11.A. regarding the Community Caring Center, and 13.D. regarding "Conversion Therapy" before Consent Agenda, and hearing Item 13. A. regarding the MU -4 Zoning District after Code Compliance and Legal Settlements. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda as amended. The motion was duly seconded and unanimously passed. Page 274 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida 2. OTHER A. Informational items by Members of the City Commission January 3, 2017 Commissioner Romelus wished all a Happy New Year. She thanked Bradley Miller for his time during the holiday season reviewing land development items with her. She congratulated Josie's restaurant for placing seventh in the top 20 restaurants in Palm Beach County. She disclosed she had met with representatives of Isram Realty regarding the Riverwalk project. Commissioner Casello attended a Coalition of West Boynton Residential Associations meeting and a Sober Home Task Force meeting, noting their efforts are starting to come to fruition. He advised there will be more improvements with sober homes in the future. He announced he is up for re-election and his campaign kick-off will be held January 18th at Copper Point from 5:30 to 7:30 p.m. He invited all to attend. Commissioner Katz wished all a happy holiday and New Year, but had no disclosures. Vice Mayor McCray wished all a Happy New Year. He requested the City Commission look at the closing of the Wilson Pool in December and January. He received several calls why the pool is closed and residents cannot swim. He thought the issue could be heard at next City Commission meeting, noting students are off from school. He also attended the service for Officer Joe Crowder and requested the Police Chief provide information about the memorial service scheduled for January 5th On the 20th Mayor Grant attended Opening Day in Boca Raton with Representative Bill Hager and a lobbying session with Lobbyist Matt Forrest. He attended the Planning and Development Board meeting and had a great New Year's Day as his grandfather celebrated his 90th Birthday and his family was in town. He attended the funeral service for Officer Crowder. The Memorial Service will be held at Christ Fellowship Church at the Boynton Beach Mall at 2 p.m. on January 5th 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce Farm Share Free Food Distribution in partnership with State Representative Lori Berman and City of Boynton Beach Commissioner Joe Casello on Saturday, January 28, 2017, from 9 am - 12 pm at St John Missionary Baptist Church. Commissioner Casello announced on January 28th from 9 a.m. to 1 p.m. a Farm Share Food Giveaway would take place on the vacant lot next to St. John Missionary Baptist Church between NE 7th and 8th Avenues. He had been working with State Representative Lori Berman on the event, which has been held in the past, but need volunteers to distribute the food. He noted the Police and Fire Departments are 2 Page 275 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 participating and Mike Byrd volunteered some of the Wild Cats. Volunteers will set up tents at 7 a.m. and bag foods. B. Proclaim Monday, January 16th, 2017 as Martin Luther King Jr. Day Mayor Grant read a proclamation declaring January 16th as Martin Luther King Day. Present to accept the award was Gregory Murphy. C. Announcement by Gregory Murphy, Chair of MLK Committee, of the Martin Luther King Jr. events to be held in January 2017. Greg Murphy, Co-chair with Deputy Fire Chief Latosha Clemons for the MLK Committee, explained this weekend the MLK Parade will take place at 2 p.m. from the amphitheater to MLK Jr. Boulevard followed by a Celebration of Unity Festival at 3 p.m. at Sara Sims Park. Bands, vendors, and children's activities will be available. He invited all to support the Celebration Gala at Benevenuto on January 15th. Ticket information was included on the flyer. The Day of Service activity will take place on the 16th and four different homes will be painted and landscaped. January 20th is the Music on the Rocks Celebration at the Amphitheater. He looked forward to all attending. Vice Mayor McCray requested in regard to the events at Sara Sims, they make sure they have security with the Police Department because events not advertised properly at Sara Sims have resulted in an influx of over 1,500 people and the crowd was unruly. Mr. Murphy explained representatives from the Police and Fire Departments are on the team, and fencing and lighting has already been budgeted and in place for the event. Mayor Grant noted the CRA was also featuring a movie on Friday at Ocean Avenue Amphitheater D. Presentation to the Commission from GBDC Entrepreneurship Institute introducing the new Youth Division called Just Think Yes by Annette Gray, President of GBDC Entrepreneurship Institute. Annette Gray, a former team member in Boynton Beach and a former CRA staff member and business owner, presented her non-profit organization youth division called Just Think Yes, Hire the Future Today. The structure is designed to change their mission from entrepreneurial education to enterprise creation with youth. Young people are starting business incubated by the GBDC Incubator located at 3200 S. Congress Avenue, Suite 104 in Boynton Beach. Ms. Gray introduced the first group of youth enterprise students and explained each new group with Just Think Yes, which is a subsidiary of GBDC, was its own company they start, manage and run, creating their own jobs and making their own money. She introduced the first youth enterprise. 3 Page 276 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Five students were present, who were seniors at Atlantic High School and Juniors at Boynton Beach Community High School and they each mentioned their short and long term goals. Plays on Planners and Sitters, LLC, is a youth enterprise, incubated by the GBDC Entrepreneurial institute designed to assist families, individuals and event managers with three service sites, the plays on manage event site, event assistance for children's parties, and babysitting at events. The company provides activities for three different age groups which are 3 to 6, 7 to 10, and 11 to 13 years old. Event planning assistance is a service the company provides to assist customers with children's parties, selecting a theme, decorations, activities before, during and after the event. The company also provides babysitting services and specializes in taking care of children ages 3 to 11 for busy families and professionals. The youth participates reminded all not to forget to hire the Future Today as they are available to provide extra hands at one's home, event or party. Mayor Grant thought it was wonderful. He asked if they have a website and learned it was under construction. Commissioner Casello was proud to serve on the Board of Directors and witness what they do with young future leaders. He commended Ms. Gray. Ms. Gray thanked the City and City Commission for their support. She noted the City Commission will be invited to a Shark Tank investment presentation in a few weeks. Commissioner Romelus gave kudos to the students and Ms. Gray. 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) Susan Oyer, 140 SE 27th Way, on behalf of the Arts Commission invited all to the AIPP reception for the Women's Individual Arts Exhibit at the City Library, on Wednesday, January 11th from 5:30 p.m. to 7:00 p.m. The exhibit will be displayed January 5th through May 2nd, and consists of 37 artworks by 20 artists. It will be judged by Jeff Jacobs, an award winning artist and awards will be presented during the reception. Refreshments will be served. For more information visit BoyntonBeachArts.org, the AIPP on Facebook and follow Boynton Arts on twitter. She wished all a happy holiday and thanked Commissioner Romelus for serving as a judge for the Seacrest Estates Holiday Decorating Contest and she announced the winner. She distributed a handout regarding rooftop gardening to counteract the new structures in the City. She thought it should be mandatory for all buildings over 45 feet to help with carbon emissions. Mayor Grant had spoken with staff about business exemptions for farms so people can grow crops on their land and sell them without needing a Business Tax Receipt. 0 Page 277 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Floyd Zonenstein, 2620 NE 1St Court, explained Village Royale on the Green wished the City Commission a Happy and Healthy New Year. On behalf of their residents, he presented two checks for $1,000 each to the Police Department and the Fire Department as their annual gift to thank them for all they do throughout the year. Police Chief Katz and Fire Chief Joseph were present to accept the donation. Lashkey Dennis, 121 E. Gateway Boulevard, lives with her mother Colleen Taylor, and explained she went to Planning and Development on November 21St and asked how to get an application to be able to open an adult family care home. She got a one sheet application and was told there was a $30 application fee. She dropped off the completed application on November 28th, paid the fee and was told staff would follow up with her. On December 2"d, she got a phone call saying the application was approved. She thought it should not take more than a day or two to get a letter, but did not receive it so she returned to Planning and Development and they told her on December 6th, the Board agreed there will be no more applications and a freeze was imposed on approving these homes. She asked that her application be grandfathered in. When she went to Planning and Development on December 8th there was a new form which she never saw before. She was upset because she paid her money for her classes and all that is missing was the form she was not given. She requested she be grandfathered in. The home would service elderly in the home and would sleep at the premises. Mayor Grant explained the moratorium would not allow it. Attorney Cherof agreed to review the matter with staff in the morning and contact her. Shirley Cassa, 217 SW 14th Street, distributed photos of the Holiday Inn Express Hotel depicting the view from the condo directly east of the hotel. The hedge was removed and was supposed to be replaced with landscaping. She commented there are dead plants and no grading of the land. She was not sure if the irrigation worked and the foundation by the bowling alley had no grading, a dead plant and a chain link fence. She requested the City Commission not issue a temporary Certificate of Occupancy until the hotel fulfilled their obligations to provide a more pleasant view from Palm Beach Leisureville. Commissioner Casello noted the project is not complete but understood, the wall was supposed to be trees. Ms. Cassa explained a wax myrtle and 319 plants were supposed to be planted on the east side and trees on the west side. There may have been plants on the east side. They are supposed to have three inches of mulch. She contended the developer is not following the rules and he is not a good neighbor. Andrew Mack, Development Director, agreed the project was still under construction and he would review the matter, but pointed out the developer has to follow the plans before a Certificate of Occupancy can be issued. Commissioner Casello thought there were guidelines and dates for the project to be completed and commented Leisureville deserves better service. 5 Page 278 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Carmela Ann Powell, 1119 Lake Terrace, explained the photos were of her backyard and she had dirt and garbage all over from the workers during Christmas. One of the photos was a view from her window. With the hedge that was removed, anyone could look into her bedroom window from the parking lot or hotel. She is contemplating planting a tree closer to her house. She cannot open her windows. She requested there be some guidelines. The developer removed a 30 -year old hedge and now there are dead hedges. She commented her property values went down again. Kristine DeHaseth, Executive Director of the Florida Coalition for Preservation, was concerned over a substantial change to Ordinance 16-023. It was explained to Ms. DeHaseth the item is on the aaenda and she could make her comments at that time. Herb Suss, 1711 Woodfern Drive, advised report cards will be available in late January or early February and he wished all a Happy New Year. He complained about the utilities work ongoing on Woolbright and SW 26th and asked when it would be finished. It was months overdue and people were complaining and the traffic is impacted all the way to 1-95. He thought it was a disgrace the project is taking so long and the community is up in arms. The wind blows the dirt all over. He hoped the press would print audience comments as well as Commission comments. He further expressed his disappointment with the national election results and was concerned over the push to dissolve the Federal Ethics Commission. Vice Chair McCray advised Colin Groff would speak with him regarding the water projects and he had brought the item to the City Commission before and to the City Manager. Citizens were disgusted with the situation and they were waiting for a major accident to take place. Mr. Suss agreed there would be an accident. Alexandra Wilson, a recent graduate in Construction Engineering and a current project engineer from Miami, had many concerns about the redevelopment of District II. She noted at the last CRA meeting, Vice Mayor McCray indicated those with questions should get in touch with HOB initiative. She asked how to be a part of the committee as she wants to make changes and be a part of the change. Vice Mayor McCray referred her to Mr. Aikens. Vice Mayor McCray advised he had concerns as well. Irwin Cineus, Palm Beach County resident, congratulated all on the referendum that recently passed and noted the sales tax was for infrastructure. He commented the HOB was looking forward to seeing items be touched up such as Sara Sims. He submitted a public records report and asked if the items listed were items that would be addressed this year. Lori LaVerriere, City Manager, explained the items were from the Capital Improvements Plan. Vice Mayor McCray explained the items are on the to-do list, but if things do not fall in place, the Commission has discretion. The City would not do 0 Page 279 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 anything at Sara Sims Park as long as there are dirt bikes and four wheelers there with individuals abusing the property. The Commission was open to suggestions how to stop that from occurring. Mayor Grant explained the budget meeting is in July and this year was already planned. Mr. Cineus was excited to be part of what was occurring in the City and the HOB and commented many people would like to be a part of how those decisions were made. Steve Anton, 234 SE 2nd Avenue, asked if the Boynton Beach Mission Statement was an oxymoron and quoted a Palm Beach Post article indicating the City has an underfunded police and fire department and retirement fund. He contended the City cannot out build the issue because for each dollar it brings in, it cost $1.25 for new development and the more they develop, the more the costs will rise. He wanted the mission statement to say the City will do the best it could, but it probably would not work as it did not work in Ft. Lauderdale. His friend just got his tax assessment which was higher than last year which he could not afford. He commented the City was in the same situation and it was the City Commission's fault because they were not addressing the matter. New development will require new fire trucks and police cars. He commented the average police car has $2,000 in equipment and thought the City should make the developers pay for it as opposed to residents. He commented residents had an $80 fire assessment a year for four years which was not supposed to be permanent and it was renewed four years later and was increased to $100. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Regs and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Education and Youth Advisory Bd: 1 Stu NN Motion Commissioner Romelus nominated Kathleen Wilkinson, as a Student Non - Voting member of the Education and Youth Advisory Board. Commissioner Casello seconded the motion. Vote 7 Page 280 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida The motion unanimously passed. Library Bd: 2 Regs and 2 Alts Senior Advisory Bd: 3 Regs and 2 Alts January 3, 2017 11. A. PROPOSED RESOLUTION NO. R17-004 - Authorize the City Manager to sign an agreement with Community Caring Center of Greater Boynton Beach, Inc. for leasing of space at the Library to operating a Cafe. (Heard out of order) Mr. Howard explained he was asked to bring back a draft lease and advised he had negotiated a draft one-year lease agreement. Rent is $150 a month to cover proportional costs of electric and water. The lease would commence February 1St, is renewable and will be reviewed in a year. He contacted Sherri Johnson last week and some items would be worked out. The hours of operation are 7 a.m. to 3 p.m. but it may change. The City was in the process of preparing the space and maintenance was addressing the coolers and touching up paint. Ms. Johnson was dealing with the Health Department prior to opening. Mayor Grant was looking forward to the caf6 opening as it was almost 18 months since it was last open. Mr. Howard explained the City previously issued RFQ 034 2610-15, which is still open and requested a motion the RFQ be cancelled. Motion Vice Mayor McCray so moved. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. A motion to approve the Resolution was needed. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. 17•W' The motion unanimously passed. 13. D. Proposed Ordinance 17-003 - FIRST READING - Approve Ordinance prohibiting "Conversion Therapy" (Heard out of order) A Page 281 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Attorney Cherof read proposed Ordinance 17-003 by title only on first reading. Motion Commissioner Caselio moved to approve. Vice Mayor McCray seconded the motion. Mayor Grant opened public comments. Dr. Rachel Needle, a licensed psychologist and certified sex therapist, advised she trains individuals around the world in this area, and explained minors can see a therapist, but the therapist cannot suggest they can convert them or change their attraction or sexual orientation. There is no proof it is possible, and claiming to do so causes psychological harm. Conversion therapy is based on false premises which are that being lesbian, gay, bisexual, transgender or queer (LBGTQ) is a mental disorder or defect that must be cured through therapy. She pointed out any technique claiming to cure, surpress or change it is invalid. She had abstracts from 12 articles that showed conversion therapy is ineffective and at worst, extremely harmful on minors. Ethical mental health practitioners should not attempt to cure or repair gender or sexual orientation issues and research found such efforts can lead to devastating mental health issues in a minor. A number of associations issued statements opposed to conversion therapy or reparative therapy including the American Psychiatric Association, American Psychological Association, American Academy of Pediatrics and others. Passage of this Ordinance will send an important message to the LGBTQ youth in the community that there is nothing wrong with their orientation or gender identity. The Ordinance is narrowly tailored to prevent a well-documented risk to minors and to address a threat to the well-being of these youth. Mayor Grant pointed out the Ordinance pertains to licensed professionals, not religious leaders or unlicensed individuals. Arlene Torgan, 5157 Floria Way, explained she learned her son was gay when he was 34 years old and he had been afraid to tell them. Her granddaughter is a lesbian. Ms. Torgan wears the pin so people know that she is receptive, loving and she cares about them. She requested the City Commission pass the Ordinance as the individuals are normal, healthy and happy living human beings that are no different than anyone else. She noted it was important they learn to respect the rights of others. Herb Suss supported the prior speaker's comments. Commissioner Katz, as a City Commissioner, thought there were many reasons to support the Ordinance. It supports LGBTQ rights and it does not restrict parents from talking to their kids about sex or the clergy. Governments have the right to regulate licensed professionals and to protect individuals. He questioned how long it would take to convert someone to be a homosexual and thought it was an absurd idea to believe 0 Page 282 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 one can change someone's orientation by chastising and berating them. He supported the Ordinance. No one else coming forward, public comments was closed. City Clerk Pyle called the roll. Vote The motion passed 5-0. B. Commissioner Romelus has requested to attend "My Brother's Keeper Race to Equity Summit" at the Palm Beach County Convention Center, February 8-9, 2017. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-001 - Authorize the City Manager to sign a contract with McTeague Construction Company of Stuart, FL for the Ezell Hester Community Center Improvements as the awarded vendor of Bid #006- 2710-17/JMA in the amount of $48,300 with a 10% contingency of $4,830 for a total amount of $53,130. B. Approve a one-year extension to the Three Year Contract for TPA Services for Workers Compensation claims with Commercial Risk Management, Inc. and Adjuster Services for Property and Casualty claims with Gallagher Bassett Services. C. PROPOSED RESOLUTION NO. R17-002 - Approve contracts to the Community Development Block Grant (CDBG) Sub Recipients as adopted in the 10 Page 283 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 One Year Action Plan as approved by City Commission on by July 19th, 2016; Resolution R16-087. D. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $392,663.41. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer. E. Approve release of surety (Letter of Credit #11768) in the amount of $221,702.25 for the update of a traffic study and future improvements to High Ridge Road in association with the Lake Worth Christian School project. F. Accept the FY2015/2016 Annual Grants Report Commissioner Romelus pulled this item and commended Debbie Majors for an outstanding job, and for the USA swimming grant allowing 89 people to be saved from drowning. G. PROPOSED RESOLUTION NO. R17-003 - Authorize the City Manager to sign an agreement with Public Consulting Group for assistance with the Florida EMS Certified Public Expenditure Program. H. Approve the minutes from the Regular City Commission meeting held on December 19, 2016. Motion Vice Mayor McCray moved to approve the Consent Agenda. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve Task Order No. U -1A-09 with Globaltech, Inc. for engineering services to conduct an assessment for replacing the nanofiltration membranes at the West Water Treatment Plant for an amount not to exceed $120,787.55. This is in accordance with the approval of RFFQ 017-2821-14/DJL, General Consulting Services, Scope C, as approved by the City Commission on July 1, 2014. Colin Groff, Assistant City Manager, explained the item was a task order for Globaltech to offer the engineering services for the City to design and replace membrane filters at 11 Page 284 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 the West Water Treatment Plant. It is a required part of the plant and they reached the end of their life. He explained it was a budgeted project. Vice Mayor McCray commented the project was approved July 1, 2014, and is just finishing. Mr. Groff explained the biggest problem was staffing. The City now has a full staff of engineers to move the projects forward. Mr. Howard explained 2014 was when the City Commission approved the rotating series for the engineering firms for four or five different scopes of work. It allowed the City to use those firms instead of issuing individual RFQs. The year 2014 was the year the Commission approved contracts with those vendors. This task order comes up based on that approval and hourly rates. Commissioner Katz noted utilities maintenance and construction was problematic, but the department was working at their fastest pace and they found unknown conditions. They were doing a good job and the City has one of the most efficient water programs in the County. Vice Mayor McCray noted there was also 30 days when nothing was done. Commissioner Casello asked if the contractor was being fined for the work on Woolbright Road. Mr. Groff commented the contractor is 78 days behind the scheduled completion date. They have a contract, but the City is limited to what they can do. They provided a new schedule and indicated they would start paving next week, which he did not think would occur. Mr. Groff will meet with Attorney Cherof to review the City's options. He agreed it was frustrating, but the City was limited because of the way they bid and have to write contracts in Florida. It is difficult to force a contractor to work. The City has had multiple meetings with them expressing dissatisfaction. Staff was doing the best they can and is scheduled to meet with them Wednesday or Thursday. He thought there may be some legal positions the City could take, but the worst thing is to kick them off the project because then the City has to bid the work which would be another 90 days. Staff wants them to finish, but the City got a bad contractor this time. Commissioner Casello asked about the lifespan of the membrane and learned it is 8 to 10 years. The plant uses strong chemicals that are dangerous to the employees and the City wanted to change the process to eliminate the chemicals and create a better quality of water. This engineering company will handle that and write specifications to replace them. Motion Vice Mayor McCray moved to approve the task order. Commissioner Katz seconded the motion. 12 Page 285 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida Vote The motion unanimously passed.. 8. Code Compliance and Legal Settlements - None. January 3, 2017 Item 13 A. Mixed Use - 4 (MU -4) Zoning District (CDRV 16-006) - Proposed Ordinance No. 16-023 - Second Reading - Approve amendments to the Land Development Regulations, Chapters 1, 3 and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new MU -4 Zoning District including amendments or additions to definitions, site development standards, zoning uses, and urban design standards. City initiated. (Heard out of Order) Attorney Cherof read proposed Ordinance 16-006 by title only on Second Reading. Mike Rumpf, Planning and Zoning Director, explained this is a first step to implement the new CRA Redevelopment Plan which recommended the establishment of the zoning district for two reasons: one to bridge gaps between two existing mixed-use districts which have differences in densities and intensities to provide a more gradual district where appropriate in the CRA area, and allow for secondary nodes. A node is a higher than typical activity area within the scheme of a redevelopment area such as a mini downtown. At the last presentation, Mr. Rumpf referenced changes to the Ordinance itself and the regulations, but he did not point out each change. He distributed a revised handout and would point out the changes. Mr. Rumpf advised most changes were identified by the Planning Board members and some were missing cells in different tables in the Land Development Regulations (LDRs). Mr. Rumpf advised there were exhibits he corrected as he had previously referenced. Each page in the LDR was updated to establish the new MU 4 zoning district. Page one had no corrections, but changes were underlined as compared to the existing LDRs and were definitions and terms. Mr. Rumpf did not have copies readily available for the public, and did not create slides as they would be too small to read. Mayor Grant favored listening to the changes, and then tabling the item. Mr. Rumpf explained the item required public notification in the paper. It announced the City had an Ordinance which indicated they were creating a zoning district and establishing the uses which was available in the Planning and Zoning Division. Mr. Rumpf advised he would go through each change verbally so the audience would understand. Mayor Grant disagreed and thought the public should see the document. Commissioner Katz thought a verbal review was fine, but someone who did not have expertise would have a hard time understanding the content. An expert could explain it, which would be helpful, and he wanted staff to explain each and every item. 13 Page 286 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 The MU -4 zoning in the tables is an interim measure. The LDRs will undergo an audit which is a comprehensive review against the new recommendations in the CRA plan to ensure the vision is established. Similar to this request, before the audit occurs, are some of the overlay regulations. They are elements of the CRA plan that have immediate implementation and uses in the City to benefit development and control and restrict the design of the development. Mr. Rumpf explained that was why these were being done in advance of the overall audit and comprehensive implementation of the CRA plan. Mr. Rumpf explained this was done as a mirror for the MU Low 3 and MU high zoning districts and staff used them as a template to create MU 4 to get something on the books. The height is in between the MU Low 3 and the High. The density and intensity is between the MU Low 3 and High. There may be objections to MU 4 to begin with as it relates to the Riverwalk project, but it is a simple, basic template of the new Mixed Use zoning district for immediate application. Mr. Rumpf explained staff has not added definitions, they have amended the existing ones which talk about the Mixed Use Low 1, 2, and 3, and High districts, inserting MU 4 into those definitions and terms. The second table is the relationship between the zoning districts and the Comprehensive Plan Land Use Classification (LUC). If the public looked at a zoning map and land use map, it would show how they relate. Certain zoning districts correspond with certain LUCs and this table adds MU 4 to it, which is an existing table in the LDR. Mr. Rumpf clarified the table is Chapter 1, Article 3, 5.b 1.1 Relationship to the Comprehensive Plan, Mayor Grant asked if it was table 25 as it was incorrectly labeled at the Planning and Development Board meeting and first hearing. Mr. Rumpf explained staff did not catch the error when the tables were created. Table 25 was placed there which corresponds with the MU Low 1 and 2 and 00 are mixed use low 3 and 5. Mr. Rumpf explained that was codified today. Mayor Grant understood previously there was a number seven footnote which means plus one additional foot for each foot of height over 35 feet, and now it is subject to permitting agency approval. Mr. Rumpf explained it is similar to what currently exists and staff would put a lot more thought into the issue over the year as the LDR audit takes place as part of the implementation of the new CRA plan. Mayor Grant inquired why the action was taking place before the audit. Mr. Rumpf responded the immediate purpose/benefit of both MU 4, as well as the overlay regulations will come before the Commission. Comments made will help staff with the audit. Mr. Rumpf explained the MU 4 table cells for each standard topic relative to low and high. Mr. Rumpf noted there were pages of zoning regulations that correspond or define each district. Another page contained a correction, which Mr. Rumpf had previously pointed out and explained bold text for paragraph D, under MU 4, and bolded text reads: "Transit core of the station" were inserted words. There was a discrepancy between the narrative and the table as to how the minimum density standard is applied as there is a transit area and a core. 14 Page 287 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Commissioner Katz asked Attorney Cherof for a recommendation regarding printed material that did not have accurate information prior to the meeting. Attorney Cherof explained there is a choice and the public is entitled to see the nuances as it will assist them in framing their public comments. He thought the choices were to allow Mr. Rumpf to continue to make the presentation, or abate the presentation, make the copies now, provide them to the public and address the item at end of the agenda, or take part of the presentation, table the matter, or publish the details on the City's website so the public can see and take it up at the next meeting. Andrew Mack, Development Director, explained the items Mr. Rumpf corrected are minor. One was the Intracoastal setback and the title on the table was called MU L-4 which was MU 4. Those are the two corrections that are different than what is in the package. Mayor Grant agreed and commented it was the footnotes as well. If it were tabled, this would not stop legal proceedings to go forth for the plans regarding Riverwalk. It could be decided at the next meeting as the item would be heard again. There is another hearing regarding Riverwaik. Mayor Grant commented the Commission needs to approve MU 4 before they can approve Riverwalk. The two items could be approved at the same meeting. Commissioner Casello commented this was already the second meeting and the City Commission has spoken about MU 4 since day one. This was nothing new and there are minor typographical errors that are simple to follow. He did not see the confusion. Commissioner Katz noted they were typographical errors and not a change to a Plan. Mr. Rumpf explained the last item he discussed was a clean-up relative to the existing Code. Commissioner Romelus commented the City Commission heard the topic a few weeks ago and it was not as complicated then as it was now and wanted a clarification. Mr. Rumpf explained transit was a cleanup item as there was a discrepancy where they required a minimum density of a project. One set of regulations required everything in the entire transit area to be subject to a minimum. The Transit Oriented Development (TOD) has a one-half mile radius. There is also a core area with a quarter -mile radius. Part of the regulations require application of the minimum density in the entire transit area and another regulation required it only in the core. There was an inconsistency and it was a clean-up that would only pertain to the core area. The most concentrated area is anticipated around the future transit station. It was another clean up item. Table 3-21 following the narrative text was identical to table 3-4. There are two identical tables in the LDR. The same change applied to the Intracoastal Waterway rear abutting setback standards. The use matrix lists all the districts and use categories/topics and the table showed insertion of a new MU 4 District. The original version was inadvertently titled MU Low 4 which was not in the new CRA plan labelling of them. One would compare MU 4 to MU high, low 3 and they are very similar. 15 Page 288 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Next were notes to correspond with the matrix which is line D Use Matrix Notes. The notes were simple insertions of the MU 4 District where appropriate in the footnotes where it referenced mixed use districts and as an example for hotels/motels, live/work units, hardware stores and others. It corresponds with the notes and each cell in the table indicates where the use is allowed, allowed conditionally, or not allowed within each of the mixed use districts. The Table 3-29 pertained to wireless communication facilities and there were three of them containing cell tower regulations. The City regulates cell towers based on zoning districts which was why they had to insert MU 4. Mr. Rumpf also pointed out this was where a correction was made, which was pointed out by the Planning and Development Board, which was on Table 3-30. Staff left out populating two cells for the MU 4 which was highlighted in the handout. Mayor Grant requested confirmation there was the ability to get antennas on top of MU 4, and before there was no ability. Mr. Rumpf explained that table pertained to maximum heights. Footnotes six and seven were under two different topics which were co -location and mitigation, which is a modification to an existing tower. Based on what they did indicate and include was non -concealed or concealed free standings. Mayor Grant asked if it was over 100 feet, if the applicant would need to get a height exception to place an antenna. Mr. Rumpf explained there are cell tower standards and did not think it fell within a height exception, but it could be within a parapet and if there was a tower there, there would also be air conditioning units. Mayor Grant asked if an applicant could place an antenna 20 feet on top of the roof without requesting a height exception. Mr. Rumpf agreed to research tower standards and provide him with the answer next time. He asked if that was something they can change in the audit if they do not want or want to have the antenna in the audit. Mayor Grant asked the Commission if they wanted the antenna included in the height exception. Mr. Rumpf suggested getting the information from each scenario whether it was concealed or not. The last section of the LDR affected design standards and there were basic edits where existing mixed use districts are referenced. Mixed Use 4 under applicability would undergo more scrutiny. Mayor Grant opened up public comments. Edward Tedtmann, 869 NW 8th Avenue, noticed there are three other nodes that are within the Woolbright and US 1 intersection where there is an opportunity to apply this in addition to the Riverwalk site. He looks at quality of life and thought if increasing business, they increase the types of businesses that would be useful within a three-mile radius for the benefit of the local people, not an 11 -mile radius type of business like Home Depot or Walmart. He explained residents have limited access to U.S. 1 with Woolbright and Boynton Beach Boulevard. 1-95 and the railroad will be impacted by Bright Line which could increase freight traffic and limited access to US 1. He proposed the City look at the current traffic count and what they can anticipate to provide a 16 Page 289 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 reasonable amount of traffic flow into the area. When increasing density and bringing in tower opportunities, he noted renters are not stakeholders, and will not improve the quality of life in the town. He noted High Ridge Road development increased which was approved and the Winchester development just outside of the City will have an impact on Boynton Beach Boulevard and other roads. He thought the City should look at these developments and determine how it will affect the quality of life in the City. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, clarified she owns property in Snug Harbor off Woolbright Road and has lived in the area for 40 years. She has a Master's in Public Administration, she served on a Planning Board in Upstate New York and was shocked at the City's presentation. She commented staff did not provide basic information for the community to know what they are doing. She believes in investments in Boynton Beach to get the City moving, and she cares what occurs in Boynton Beach. Clovis Moodine, 3638 SE 2nd Street, lived in the City since 1980. She attended the meeting to learn what was occurring and was confused. She asked if the City would have a downtown or a little village by the sea. As a retired teacher, she advised it is important to ensure the subject matter was something the audience understands. She asked if there was a vision of what a village by the sea should look like, and if so, who was monitoring it to ensure the City was moving towards it. She asked how MU 4 fit into the vision, how it would impact the City, and what it would look like when it is done. Brian Edwards, 629 NE 9th Avenue wished all a happy new year. He commented this had everything to do with Riverwalk. He thought it was shameful the City and CRA crammed and put staff in an embarrassing situation to review the information in such detail. He commented there are intelligent people present and many do not want Riverwalk or the height. Residents are confronted with trying to understand the issue so it could likely be voted on, on the 17th , but the public does not know what is going on. He thought it was an awkward situation for City Staff to be in after knowing it was coming for nearly two years. Lori Porgess, 450 N. Federal Highway, moved here from suburban Parkland to live in a vibrant busy, retail atmosphere with a pedestrian and cycling friendly environment. She was the first person to move into Casa Costa six and a half years ago, and she was promised and shown a schematic about what the City expected to do in Downtown Boynton Beach. It was not supposed be a little town by the sea. It was supposed to be a busy community more like Delray Beach. She was told there would be a $10 million redo of the area to have parks, bike paths, outdoor cafes, places to walk and sit and things to do. She understands many people live in smaller low-rise buildings, but that was not what she was expecting. She was told it would be developed into many high rise buildings and thought most people who live in Marina Village and Casa Costa are expecting the same thing. She feels development should occur properly, but to make it sound if the "unmentionable" is built, the town will fall apart is ridiculous. The more development in the area, the more taxes are paid, more people will come, the more 17 Page 290 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 stores and activities. It will create a fuller life and it requires continuing to develop. She hoped that is what the City would do. Steve Anton, 324, SE 2nd Avenue, asked if the City wants to be like Ft. Lauderdale and Miami and noted the City had the same problems. Traffic in Ft. Lauderdale at 4:30 or 5 p.m. to try to go home was terrible and he felt that is what will happen with the proposed Code changes. The City and County Commission just changed the ordinances, called them nodes and changed things, but it did not improve the situation. Mr. Anton contended residents live here to have a lifestyle without those types of problems. If developing, the City is increasing taxes and people cannot afford to live here. He understood the average income in Boynton Beach was $32,000. He thought the City could not do much with that or develop like Ft Lauderdale or Miami. He recommended slowing down and developing smarter. He wanted to see the City building something the people like. Steve Wherry, counsel for Isram Realty and the Riverwalk Project, pointed out this is not something that came out of the blue. The text amendment was in the works through a number of public stakeholder meetings with the CRA since at least November 2015. The issue evolved. The two very small issues that were a point of concern were ministerial scrivener errors in the text amendment language and were not inconsistent with the ideas that were discussed at length by the CRA and adopted by the CRA and City Commission. The CRA brings in urban design principals in certain areas of the City. One principal was a reduced setback, which is along the Intracoastal which is a right of way. He commented this should not come as a surprise, and going through tables discussing every detail would cause people's eyes to glass over. The subject matter pertains to land development regulations and it would be confusing for people who are not familiar with them with or without the materials. What was presented was put together by staff and reflects the process and the sum of the discussions held during the CRA Plan consolidation process. The ideas that are beneficial to the City in terms of adopting the MU 4 district allows an increase in densities and intensities in certain areas of the City. In this specific location, as contained in the CRA Plan, the effect would be to activate the four corners of Woolbright and Federal to help make the existing street front and ground level retail that is already in place, such as with Las Ventanas, thrive better so people can walk around. Riverwalk is the implementation of that kind of development and something this body, its advisory board, the CRA and others feel should be a part of the future of the City. He urged all to continue with the proceedings and adopt the text amendment. Brian Kelley, Traffic Engineer with Simmons and White for the Riverwalk project, spoke about density. For many planning agencies and jurisdictions the state of the art practice is to increase density at appropriate locations and most of the time it is at urbanized locations. There could be a real benefit to that such as it increases opportunities for TODs and access to 1-95, which the Comprehensive Plan encourages. There is the potential for more opportunities for growth for transit. People are closer to employment, `E:3 Page 291 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 shopping and entertainment which decreases the number of miles travelled. If implemented incorrectly, the City is increasing urban sprawl and creating situations where residents have to drive further, into town and to major roadways. He commented there is a benefit to good planning practices to locate density opportunities in urban areas. Susan Oyer, 140 SE 27th Way, commented it was wrong not to display the information. Mr. Rumpf had indicated some items were very similar to other items, but there was no explanation given. She thought most people would want to hear the differences. Her objection was the 1 % green space allocation. She noted with increased global warming, the City needs to drastically increase the green space allocation. She reminded all the voters mandated a 45 -foot height limit and residents begged for months to address the attorney's comments. Residents never voted for 100 foot plus buildings. She commented residents do not want the height, but they do not pad campaign accounts like developers who do not live or pay taxes in the City and invited all to view the campaign reports. She commented the City wants smart development and needs a smart process, but the process was confusing. Commissioners represent the people not developers. She requested they do their job and represent the people as they were fighting this for months, but they were not listening. Ms. Oyer pointed out the taxes go to the CRA not the City and it will not solve the City's budget problem. Henry Flanigan, 5556 N. Ocean Boulevard, agreed with Ms. Oyer's comments as far as the wording of the changes was over his head. In terms of the issue, he trusts the Commission clearly understands no one opposes development, only how it takes place. The height of the proposed structure was the issue. He agreed individuals who rent property do not have a long term stake in their communities. He thought good judgment and wisdom will prevail. When looking at things clearly and objectively, rushing to judgment can have profound consequences with the timeframe in place. He hoped all would consider the matter carefully for the long-term benefit of the community. Robert Lewis, 350 N. Federal Highway, Apt 510, subscribes to both leading newspapers and noted each week there are thousands of listings for unincorporated Boynton. The City has 70,000 residents and is the third largest City in the County, but there are no listings for the City because it is a blighted area. When travelling along Federal Highway, there are empty lots, abandoned businesses and empty storefronts. There are those opposed to development and he asked why retain what exists. He thought it was terrible residents are afraid to venture out of their homes after sundown. He noted sober homes are throughout the area, and when patient insurance is exhausted, they throw the residents out on the streets. He commented there are homeless on the street and no realtor would bring clients into a blighted area. He commented the City has to have development and progress. He understood there were those wanting development to proceed slowly, but it is going too slowly. He thought the proposed project, 500 Ocean, was a wonderful building. He could not believe there were people saying it was a monstrosity, and thought all they want to do is reject what is Page 292 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 different from where they live. He wants new development coming in to the area to get rid of blight, and have his wife go out at night as he thought this was what residents were entitled too. He wanted the City Commission to give it to them. He requested they liberalize their thinking and not try to hold back progress. Ron Hirsh, 450 N. Federal Highway, commented young ladies were talking about economic development and all applauded them. He requested the City Commission provide the same privilege for economic development and a place for young entrepreneurs to start up and be part of the business. Without it, the City will stagnate. Empty stores do not produce income or employment. He understood people voted for a height of 45 feet and times have changed. He did not know when the height was voted on, but noted there are now cell towers and higher buildings and higher heights. He commented everyone uses technology and he believed developers were looking to step forward. He believes change is good. Commissioner Casello noted the vote was held in 1982. Lisa Hanley, 175 SW 2"d Street, requested confirmation for herself and the Sierra Club, the rear setbacks for on the Intracoastal Waterway were zero. Mr. Rumpf explained it was not a change and generally that is the way the three highest mixed use districts are currently written. This will be continued with MU 4 until all five of the mixed use districts can be evaluated more thoroughly in the upcoming CRA Plan. The current mixed use districts have a zero setback. Kristine DeHaseth, commented this was ridiculous and differed with Mr. Wherry's statements as the application is not out of the blue and was vetted in public stakeholder meetings. She commented the City Commission was given backup of radical changes and they were not two small changes and they were not existing before. She asserted she had documents in the City's Ordinances and own LDRs that MU High never had a zero setback and MU Low 3 had a zero setback on the Intracoastal Waterways. She explained all three of them are changes and all three are unexplained changes for a forthcoming project for the City Commission to vote on. She thought to do so without any public vetting is the lowest level she has seen in decision making and transparency. She asked about the differences between the first reading and second reading and if changes could be legally made and commented it is done all of the time, but she thought it should not be done under the pretext it was a clerical error. She commented the City cannot make substantial changes between a first and second reading. Ms. DeHaseth commented she has all the documentation as the project was submitted and went through each staff review. It was always a 25 -foot setback and one foot for every foot above 35 feet of building height. Riverwalk would need a 90 -foot setback and the City Commission is being asked to approve a zero setback which she thought was unacceptable. She did not think the public has much more tolerance left. They attended meetings, wrote letters, made announcements and tried to be nice about it. Her objection was considering passing Ordinance 16-023 on the second reading and they 20 Page 293 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 should not vote on Ordinance 17-002 which is the accompanying Ordinance because it had substantial changes. The objection is supported by the Florida Attorney General opinion and a Florida Supreme Court case. Given the strong public attendance and the City is on the wrong side of the law, she thought the Commission should be careful with its decision making. Richard Tufano, Director, High Point Section 4, and representing other sections of High Point and a member of the Boynton Coalition for Responsible Development, advised he asked a court recorder to take notes of the meeting. He agreed it is probably illegal to make the changes without posting them. He thought the density on MU 4 nodes was too high and the height was too high. It not only affected Riverwalk, but also the four corners of Woolbright Road. His development is right in back Sunshine Plaza and they would be directly affected by high density in the node. He thought there should be a transition, and 105 feet is too high. His group wants it at 75 feet. He also spoke about the appearance of impropriety noting the CRA proposed a 75 foot MU 4 District and commented the hearings by the Planning and Development Board were between Christmas and New Year's. The first reading of the Ordinance is the day after a legal holiday. He questioned if someone was trying to hide something and why the City was in such a hurry. Lulu DeCamera, 836 East Drive, explained residents that referred to the 45 height referendum approved in the past have lived in Boynton Beach for decades and were not passing through. After the referendum was passed, there were some developments who wanted to surpass the height and density regulations and a former City Manager announced at a City Commission meeting the City did not have to adhere to the 45 foot height anymore because Boynton Beach was a home rule City and did not having to abide by what the citizens wanted. She did not recall citizens voting for home rule and did not think it occurred. She asked if the City Commission at some point voted for it unbeknownst to the residents. She commented planners' concepts were wedding cake concepts that revolve around activity nodes and MU 4 would not only affect Federal Highway and Woolbright Road, it will also be on Ocean Avenue and Federal Highway and maybe another on Boynton Beach Boulevard or another place. Residents do not know what the future planned concept will be, but as far as the current activity node concept it seems to involve the theory that people will be walking, biking and shopping at certain locations. Not everyone likes to walk and taking away the parking spaces will cause a situation like down in Delray, using taxpayer funds to build parking garages. She hoped the City Commission would reconsider their position as she thought it was wrong. Ed Bresnahan, 5552 A N. Ocean Boulevard in Ocean Ridge, is President of the Ocean Ridge Yacht Club directly across the Intracoastal Waterway from Riverwalk Plaza and the MU 4 area. He commented all 50 homeowners of the yacht club were noticed about the hearings as an affected party being 400 feet or less from the proposed MU 4 District. They are not against development and they need to see development. They do 21 Page 294 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 not like to see blight or stores going out of business and want responsible development, but thought what was occurring at the meeting was irresponsible. He asked about the logic in MU 4, walling off the Intracoastal Waterway with 100 -foot high, zero setback buildings, rushing to judgment, and trying to make decisions on the go without putting paper in front of the public on which to make a decision. He commented the public has not had a public hearing which he believed is a violation of due process. The City Commission has the opportunity to vote on the establishment of a new MU 4 District, which was adopted as an Ordinance in October, but does not have a legal obligation to vote in favor of MU 4. He requested they amend it to have a 75 foot or less height. They did not have to approve the proposed plan and cannot ignore the overwhelming opposition of the citizens opposed to the height or ignore the quality of life the zoning will impose. Citizens west of 1-95 will be affected, as the increased density of people and vehicles will clog roads, shops and restaurants on both sides of 1-95. He commented votes will always follow the Commissioners. The town they all cherish as a beautiful coastal town deserves a height limit compatible with the surrounding areas, not a walled off Intracoastal Waterway with zero setbacks. Herb Suss, Boynton Beach resident, explained he lived on Woolbright Road and Congress Avenue years ago and a building that exceeded the 45 feet height limit was constructed. The buildings disturbed their quality of life and views. He did not trust going from 45 feet to 105 feet. He thought it would be higher later on and 75 feet was reasonable. He acknowledged the City needed the tax money, but did not trust the 75 foot. Now it would be 105 feet. Developers would build big buildings in the future and have a quality of life issue. It would become a concrete jungle and developers would con the Commission. Harry Woodworth, 685 NE 15th Place, favored development and thought the height was subjective as was the density. He thought the project was not the smartest thing the Commission has done in Boynton Beach and many people do not know about the setback change. He had the documents and commented up until the meeting, the setback was 25 feet plus which made it 90 feet. Now it was suddenly zero, when nothing was handed out or discussed and it would be changed on second reading. Mixed use zoning was changed in the 90s because it did not work well. There were many studies about mixed use since then as it pertained to urbanism, walking and biking. Hopefully it would be so successful people would drive to those places. They are wonderful, but he pointed out it works great on dense massive urban areas when cars are not an option. Citizens walk and there is mass transit. He commented study after study in North America shows mixed use has failed in outer edges in big urban areas in many states. Easy access makes retail and commercial space work. There needs to be convenient parking and strong co -tenants in retail/commercial environments and proximity to high density urban areas. When those components do not exist, mixed use fails and staff knows it, but will not point it out because that is what the planners learned at their last convention. He questioned how mixed use did on Boynton Beach and Federal and by Las Ventanas and the Marina. He commented top 22 Page 295 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 line restaurants avoid these places and realtors cannot rent the spaces and the City was going to approve it again. He understood people do not want to drive, but the people who move there will still drive and a key component is having jobs nearby. The buses take them where they want to go and a train station will eventually be located there. He favored common sense development, noting Wendy's will remain, but the project will shut down four restaurants. No one that lives there will work there. He thought Boynton Beach deserved better and a more open forum as items were hidden and moved around. He commented the City should return to first reading of the Ordinance as it is a substantial change. Ron Sheldon, 646 Snug Harbor Drive, commented he had previously appeared and spoke against the changes, noting it has been a year and a half. During that time, residents were told there will be a 75 foot height, certain setbacks and he asserted the City Commission was snowballing residents. He wanted the City Commission to take the time to do it right. He requested they hear the public and recognize there are height and setback restrictions. Butch Buoni, Sterling Village, 450 Horizons East, Apt 304, President of the Condo Association, advised they have 840 residents at the epicenter of Ocean and Woolbright and they are impacted. Their highest building is three stories and the proposed project is incompatible with their development. He is not technically trained, but he is a retired military test pilot and a retired real estate broker and he can understand the issue. He walks out onto his balcony and sees 500 Ocean under construction and it affects his view. They have not discussed 501 S. Federal, another multi -storied building above 45 feet which will be constructed, and now Riverwalk at 75 feet is bad enough. He asserted residents were misdirected and the issues were obscured. He thought MU 4 was great if limited to 75 feet, but not 100 feet plus allowances for towers and zero setbacks. No one else coming forward, Public Comment was closed. Commissioner Katz disagreed with the belief things are being crammed down their throats. This project has been endorsed for two years and they have been working with the City, in conjunction with the Consolidated Plan pushed by the City and CRA, and disagreed this is being rushed, as it was in the works for a long time. Since three new members were seated last March, they have had many meetings regarding the changes. He categorically disagreed that staff purposely omitted information and slipped it back in at the meeting. He understood those who oppose the project will use it to cast doubt on the process. He invited, if anyone had evidence that anyone colluded with anyone to deceive the public, they should bring it forward as that person has no right to hijack the process. He submitted it was not true. He understood people felt information was out there they were unaware of, but the information was out there for a while, and a typographical error made by mistake will not derail votes they have taken for months. The City Commission voted twice in favor of the Consolidated Plan which outlined what MU 4 was going to be. The total vote was 9-1 on the overall Consolidated 23 Page 296 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Plan which included MU 4. The CRA voted 5-0 for the plan. The CRA Advisory Board vote on the Consolidated Plan with MU 4 was 7-0. The Planning and Development Board vote on this specific project also voted for the project. He announced he intended to vote in the affirmative. For as long as he has lived in the City, there were plans for development of the downtown. He understood plans for the downtown can change, noting these plans were in existence for decades and long before he moved into the City. He thought decisions made in 1982 may need to evolve 35 years later. Vice Mayor McCray, commented he was born in 1949 and moved to Boynton Beach in 1954. No one was sold a bunch of hodge-podge as were the citizens that live in District II, when they talk about the HOB. He watched them tear down night clubs, restaurants, beauty shops and promised it would be rebuilt. The community is still waiting 23 years later and he was disgusted. Vice Chair McCray commented he will vote for MU 4. Although he is up for reelection he favored this. It has been on the plate a long time and it needs to move forward. Commissioner Casello commented this was vetted thoroughly and there were many meetings on it. He agreed to disagree. Commissioner Casello was at the Planning and Development meeting and they talked about the minor changes coming up before the City Commission tonight. He commented the changes are not substantial and he was in favor of it. Mayor Grant had a question on footnote five on Table 3.4. It indicated the maximum height on the Intracoastal Waterway was 35 feet and it was there before as well. Mr. Rumpf looked to see what footnote five corresponded with. Mr. Rumpf read the footnote as "The maximum height on any street frontage, is 45 feet. The maximum height on the Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single family zoning district where necessary to achieve compatibility requirements of these regulations." Mayor Grant asked if this needed to be changed and how it applied to a zero setback or any setback. Mr. Rumpf explained one cannot look at that portion of the table alone. Mr. Rumpf also pointed out the public has access to the LDRs online and can look up what the existing regulations are. The Commission has been handed a copy of the existing regulations. He welcomed meeting with anyone wanting to review the regulations or who had questions. He preferred it rather than having misunderstandings about the regulations and the process. Mr. Rumpf explained there are two categories for rear abutting setback provisions which are for residential and the Intracoastal Waterway. The current Intracoastal Waterway regulations under Low 3 and High have zero feet. People are fixating on certain things which seemed to prove certain arguments or positions. The proposed project that would be heard later has setbacks on the Intracoastal Waterway which range between 15 and 50 feet, not zero. These are intended to be flexible zoning districts. In order for a project to go through these regulations and to the City Commission, the project goes through weeks and weeks of Page 297 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 staff review and zero is intended to provide something that is flexible. It is not a build to line. They can build greater and staff reviews it and it may be appropriate to have more than 50 feet in certain instances. Mr. Rumpf explained in this case where it abuts the water and single family zoning districts, what staff reviewed was appropriate. Mayor Grant read footnote five, the maximum height on the Intracoastal Waterway is 35 feet and he asked Mr. Rumpf to explain how it affects the MU 4 zoning district. Mr. Rumpf explained that is superseded by height standards and others such as the setbacks and more. Chair Grant asked if it was a zero setback if it was 35 feet or if it is 10 feet if it is subject to the 35 feet maximum height. Mayor Grant noted the sentence indicates the maximum height on the Intracoastal is 35 feet and he asked if it was with a zero setback, or if there is a setback of one foot, the setback is not required. Mr. Rumpf responded it was probably how staff would review it, although it was not very clear. Mayor Grant requested confirmation as long as there is at least a foot setback it does not have to have a 35 foot maximum height. Mr. Rumpf explained when staff reviews the project there will be much more than a one -foot setback, especially on a 100 -foot high building. Mayor Grant commented Mr. Rumpf had mentioned it was zero feet. Mayor Grant commented under mixed use urban, lot area minimum acres, public part all other uses, lot frontage minimums, structure height minimum feet (45) on table 3.4 is the same as MU High under lot area minimum acres on the table on the handout. He asked if that meant there was a minimum feet on all properties in MU 4. Mr. Rumpf responded it was probably looking for the average height of the building or the project. It was not undersized which was why they have minimums in the TOD for greater intensities and densities. He asked if MU 4 can have height structures less than 45 feet and learned they could. Mr. Rumpf explained staff does not review it literally like that. Mayor Grant explained there are other tables that say the MU High is 30 feet and others that say 45. He asked if it could be fixed and learned staff would clarify it. Motion Mayor Grant passed the gavel to table the item for two weeks to get clarification on all that happened and so they understand what is average height instead of minimum height. Commissioner Romelus seconded the motion. Vote The motion failed 2-3 (Commissioner Katz, Vice Mayor McCray and Mr. Casello dissenting.) Mayor Grant announced they would move on, but he had questions he would like answered later as he thought the point of regulations was that they are strictly enforced so developers know what they can and cannot do. Mayor Grant noted footnote nine 25 Page 298 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 was subject to permitting agency approval, had to do with the Intracoastal waterway (ICW) and asked if it pertained to dock plans on the ICW. He asked if they are reviewed at the building site or if they could come in afterwards and are not subject to City Commission approval. Mr. Rumpf explained number nine applies to, if at zero if things are overhanging into it, it will be subject to whatever the jurisdiction has with the right of way. Mayor Grant asked about open space and minimum mixed uses. He read a lot of retail is closing throughout the country, but economic development still requires commercial space. He was aware that open space has economic development opportunities. He wants to know if the audit could include a minimum commercial space open space requirement for mixed use. Mr. Rumpf responded staff would look at it. Currently it is 1 % of usable open space. Mayor Grant asked if it was the square footage of the lot and not the building and learned it was the lot. Mayor Grant asked for the definition of open space, plazas or other open public space. Mr. Rumpf explained usable open space would not count for private recreation areas that are generally open to the public. It would not be general walkways. It would be intended meeting spaces, urban spaces, green areas and open areas and park settings. A 10 -foot wide walkway is for connectivity and is not necessarily usable open space, but a widened plaza with art features could count towards it. Mayor Grant explained Boynton Beach is not a village; it is a City and the people who moved to Casa Costa were not necessarily told what would occur in the City. He wanted to see 2% usable open space because the City does not have a minimum requirement for commercial development. He thought the Riverwalk project would address it, but it would pertain to any other developments moving forward in the MU 4. Motion Mayor Grant passed the gavel to have a 2% open space minimum requirement. Mr. Katz asked if this was researched or 2% was what Mayor Grant wanted and learned that was for MU High and the future land use core used to have the 2% requirement, but changed it to 1 % for MU 4 as contained in the strikethrough on footnote 13. None of the other mixed uses require open space and Mayor Grant proposed it would be reviewed in the audit. Commissioner Casello asked why it changed from 2% to 1% in the MU 4. Mr. Rumpf explained it was relative to the height. They were lower, smaller projects with slightly smaller areas so it was less a percent. Mr. Rumpf explained there was not a lot of thought going into the standards relative to the low 3 and high, knowing staff would put more time into it later and open space was not a deficiency as this is the first project this was being applied to. Mayor Grant asked when the audit would be completed and learned it would be addressed in the next eight to 12 months. Any other development occurring would not be subject to the new restrictions prior to the audit. He asked the provisions would apply when the plans are submitted. It is reviewed against regulations 491 Page 299 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 in place at the time. Mayor Grant commented he could not support the application and would like to approve it after an audit. The immediate use is subject to changes in the future that will not be required of any development that comes in. Mr. Rumpf explained MU 4 is not planned for subsequent development activity. There is uniqueness of the zoning district and locations where it is programmed. Mayor Grant understood, but commented it was for the future. Commissioner Romelus commented on first reading she voted for the zoning as it is the will of the majority of the City Commission. After the information was presented, she found it confounding and she was not comfortable with the changes or how it was presented. She questioned why the City Commission was hearing about the changes now and advised she will not vote for the new zoning and wished it could have been handled differently. Vice Mayor McCray asked when the CRA sunsets and Mr. Simon, Interim Director, responded it sunsets in 2032. Mayor Grant asked for a roll call. Attorney Cherof explained two motions were needed; one, to incorporate the revised amendments provided at the meeting and a motion to adopt the Ordinance with those revisions. I►TJ C7=-1 Vice Mayor McCray moved to accept the revised addition with amendments that were given to the City Commission. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Mayor Grant requested a motion to approve the new zoning district of MU 4. Motion Commissioner Katz moved to approve Ordinance 16-023. Vice Mayor McCray seconded the motion. Vote City Clerk Pyle called the roll. The motion passed 3-2, (Mayor Grant and Commissioner Romelus dissenting.) 27 Page 300 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Mayor Grant recessed the meeting for a 10 minute break at 9:33 p.m. and reconvened the meeting at 9:45 p.m. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 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. 17-001 - FIRST READING - Approve Riverwalk Future Land Use Map amendment (LUAR 16-003) from Local Retail Commercial (LRC) to Mixed Use Core (MX -C). Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk, LLC, property owner.. Motion Vice Mayor McCray moved to table items C, D and E to January 17th Vote The motion unanimously passed. Attorney Cherof explained Ordinance 17-001 is legislative and not a quasi-judicial matter. He asked if the applicant wanted to make a presentation based on items A and B together. He noted the items that were tabled and commented it may be difficult to unbundle them. Mayor Grant agreed and commented they want the full presentation and if there are questions, they would be answered on the 17th. Steve Wherry, Counsel for the project, had no objection. Attorney Cherof read Ordinance 17-001, by title only on first reading. He explained if that passed, they would move to Ordinance 17-002, which Attorney Cherof read by title only on first reading. He clarified the second Ordinance was quasi-judicial. He administered an oath to all those intending to speak. Michael Weiner, part of the Riverwalk team, explained plans were presented to the City on March 16, 2016. The City staff and residents worked hard to provide a vision for the redevelopment of the eastern area. There have been at least eight public meetings for this project and MU zoning. The Planning and Development Board conducted a thorough and independent review on December 27th. The matter is being heard at this meeting and scheduled to be heard on January 17, 2017. The applicant has attended each meeting. The process highlighted a number of issues that made for a better 28 Page 301 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 project. Land use and zoning changes are filled with technical requirements and many technicalities were addressed earlier in the meeting. Mr. Weiner noted there is a land use and zoning Ordinance, a height adjustment, a community design appeal and a site plan modification. Some will be tabled and only two will be considered tonight. Planning and Development prepared numerous reports. The height adjustments were a result of the staff review of the site plan submitted. Staff reached the conclusion the comprehensive plans and codes have been met on all counts. There is substantial competent evidence that is part of the record, and it means the applicant met the requirements for the second part of the Ordinance. The presentation will assist the City Commission in making its decision and show how this project leads to neighborhood stabilization and a contribution to the City's general welfare. The City is familiar with the layout of the project. Mr. Weiner commented the grocery store would be demolished along with other outdated buildings. The drug store and other uses would remain along with newly positioned retail. The residential building would be in the southeast corner of the parcel and is more than 200 feet from homes to the north and 300 feet from the homes across the ICW in Ocean Ridge. The common area will have public vistas along the ICW and is almost a third of an acre and more than 2% of the property. There will be 778 parking spaces with opportunities for more, if necessary. There will be 328 residential units providing a density of 33 dwelling units (du) per acres which is slightly less than Las Ventanas. There will be an increase in pervious space by almost 80% of what currently exists, and they will remove blacktop and have more landscaping. The project will reduce traffic except for a minor amount of a.m. trips. The project will plant 252 trees and more than 11,000 shrubs. The ICW will now have a public use available for evening walks or local art shows, but it is an upgrade over a local truck delivery. Part of the site plan approval is for art zones within this and other areas within the project. Mr. Weiner explained height is a tool used by land planners to create sustainable projects. He thought the greater good of the City, as a whole, is well served by placing higher buildings at focal points or nodes and this was why the CRA suggested and why the City Commission and CRA Advisory Board met so many times and finally approved the general proposition that was just voted on favorably. Mr. Weiner commented the site should be a node and Intracoastal views are best preserved by placing the building mass in the south corner. Upper floors give ocean views and establishes the residential project as an upscale destination as an exciting opportunity for residents and guests. The applicant should not be misunderstood. They are a family-owned development company that owns and holds assets. The profit is after a lifetime of good management of an appreciating asset. Mr. Weiner commented the project was the best way to increase the tax base and attract those with discretionary income to the area. Mr. Rickman was only proposing 50% of the allowable density, but there is no other plan that delivers a sustainable asset that will be of great value to the owner and the 29 Page 302 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 community. This is the heart of the adopted CRA plan and the reason it has been moving forward with successful votes. Sacrificing a floor or two will result in another average garden apartment. Additional height co -exists well with residential development. He noted Boca approved 12 -story residential structure; Delray Beach has older buildings and has had side-by-side development for decades. City Scape is almost completed in Boca and there was no difficulties with single-family homes and mixed use with height. He referenced several others including Portofino, a low-rise development in Lake Worth, which failed to spur any substantial renovation. Riverwalk was the opposite and invites others in. It provides a mixed-use opportunity and gives an architectural flourish. He noted there was a lot of discussion about mixed use places that supposedly failed. He commented there were many other projects that succeeded that were not in the center of a City such as Coconut Grove, Coral Gables, Wilton Manners, St. Armands Circle in Sarasota, Winter Park or Howard Street in Tampa. He commented he had explained and showed photographs how mixed use projects coexist with residential housing and can lead to the end of blight. Another item that was considered was compatibility which does not mean identical or uniform. Compatible means it compares two different items that are different. Even after installation and coexistence after decades and decades, the proposed project with its height would be compatible with single-family neighborhoods although it is not next to a single-family neighbor. There are other kinds of multi -family across the roadway. He asserted compatibility is proven by the facts and not speculation. Mr. Weiner acknowledged concerns about traffic and commented the size of the building has no relationship to traffic, as the project would decrease traffic by 453 trips a day. The most traffic occurs during the 9 a.m. and 5 p.m. situations. The project is still less than the 5 p.m. trips. Morning trips increases by about 115 trips. He noted grocery store trips drew from the barrier island and the west, but the people leaving Riverwalk in the morning are going to work and will be using 1-95 north and south, not going over to the barrier island. The have two major roadways to leave and three exits. Ocean Ridge is not part of the jurisdiction and the bridge is not clogged. The project was also reviewed by the County and they have issued a traffic concurrency letter and there is no impact of any nature on traffic. It was reviewed by traffic engineers, the City staff and county. The design is innovating and classic with views and balconies that will keep each unit valuable and desirable. Common areas and walkways reflect the mixed use nature of the project and would be inviting, accessible and safe, creating a sense of community. Slides of some of the public areas were viewed. Views from major thoroughfares give a sense of arrival enhancing the other corners. The project is a great residential alternative to the staff at Bethesda Hospital. There would be additional construction and permanent jobs. The real estate tax valuation will increase nearly 800%. He commented the project will be traffic neutral. Mr. Rikman owns the property and strives to bring a 30 Page 303 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 property to match the City's vision. Staff indicates it matches the vision and it is Code compliant and consistent with the Comprehensive Plan. Facts demonstrate the approach is compatible and staff indicates it meets all the requirements, both legislatively and with respect to substantial competent evidence. Mr. Weiner explained there could be 25,000 more residents in the City before additional police are needed. The construction of the building allows for fire connections at every floor so they do not need new equipment. In March 2016, they had to approach the City to push the buildings back, because the requirement was to place the building closer to the street. The project setbacks were reviewed and considered. As for the rear setback, it varies from 15 to 50 feet and they never wanted a zero setback. There were many places that were successful that were great places to live. He did not think the planning for the City was wrong for the last two years and the public meetings with public votes were wrong. After the presentation, he did not think anyone could disagree all the requirements were met and the City Commission could move forward with the ordinances. Mayor Grant noted this was the first reading of the Ordinance and the City Commission did not have to hear public comment. Attorney Cherof recommended the public be allowed to speak on the second ordinance, which was quasi-judicial. Mayor Grant wanted to open it to the public for questions so they may be answered at the next meeting. Commissioner Casello suggested Mr. Wherry take notes. Susan Oyer, 140 SE 27th Way, took the oath and commented palm trees do not provide shade and they are inefficient converters of carbon dioxide to oxygen. Additionally there is a palm tree disease killing all the palm trees. She requested considering shade trees and if so, pondered what trees will be used. She asked if the City Commission would consider rooftop gardens. All the towers at City Place have roof top gardens, but she did not see it in any planning documents and thought the City should consider it. She asked if Walgreens, Joanne Fabrics and Wendy's were remodeling or re -facing and if they were on board with making the changes. She asked about the status of fire access in the back corner of the parcel. She had heard something about a problem with fire truck access and collapsible plantings would be used to provide access. Mike Fitzpatrick, 175 SW 2nd Street, commented last February he had a meeting with the owners at Bonds and Smolder and he was in favor of the project if the three acres to the south behind McDonald, which is upland mangrove, were included because he was concerned about LDR that used to require six acres per 1,000 new residents ad three acres would equal the proposed amount of new residents. It seemed like a good swap. There was some discussion about a walkway between there and Seagate with card 31 Page 304 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 access. Anyone could walk the premises, but only Seagate residents could enter Seagate. Brian Edwards, 629 NE 9th Avenue, congratulated the developers and thought it would be an awesome project, but commented it was too bad it was not going to be 75 feet. He thought the City Commission would regret it and thought it was ugly. He requested clarification a positive vote can come back and reverse their decision on second reading or after the second reading for development projects. Mayor Grant thought not because it would subject the City to lawsuits. Attorney Cherof explained Roberts Rules of Procedure specified anyone who votes in the affirmative can make a vote to reconsider and would need a majority support of the Commission on the motion to reconsider and if it passed, when the vote comes back around, could change their vote. Mr. Edwards was concerned about the re-election of his district and the dollars spent by those opposing the project. He noted the comments about living here in the 40s, and thought the Commission should stop blaming the rest of the people the HOB was not developed to the District II Commissioner's satisfaction. He commented the opportunity was his as the longest sitting commissioner. He wished all a Happy New Year. Vice Mayor McCray clarified he was born in 1949 and lived in Boynton Beach since 1953. Nancy Hogan, 35 Hibiscus Way, Ocean Ridge, commented the Intracoastal is not wide and the subject site was in one of the narrowest areas. There are incredible problems with the seawalls because of that who came to the meeting thinking there were zero setback lines and the City is talking about 15 to 50 foot. Herb Suss asked if anyone checked the federal agencies such as the Coast Guard about docking boats and the waterway and ingress and egress. Mayor Grant explained the City changed the Comprehensive Plan that was approved by the Office of Economic Opportunity regarding the Consolidated CRA Plan. He commented they have not spoken with any federal agencies, only the State of Florida. Mr. Suss sought to learn if federal agencies have input and if the developer needs permission from them. No one else coming forward, public comments was closed. Mayor Grant asked if the project will be dog friendly, and if there will be plastic bag dispensers for them. He wanted to ensure there is an enhanced bus stop on the location with enough seating with seats that cannot be slept on. He inquired if the developer would charge for any of the public parking spaces. He noted the traffic study on December 15th indicates the project would reduce daily trips by 213 and generating 115 more morning peak trips. He wanted the difference between the two traffic studies clarified. He asked if there is an Uber, Lyft, or cab stop available for the hotel lobby and if 10 or 15 minute parking would be available and enforced for those picking or dropping off friends. He asked if there would be recycling enclosures for commercial as residential recycling is required. He asked if a dock will be available for a water taxi or 32 Page 305 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 the public that wants to come to a restaurant. He did not know if it was currently required or if it would be a minor or major site plan modification. He asked about the current trees on the Intracoastal and requested trying to save the trees as they have been there for a long time. He commented as he walks, he can see the top of Casa Costa and Marina Village, but tall trees buffer the building. He is very wary of the traffic situation and noted there was ample motorcycle parking and bike racks. He hoped whatever could be done to alleviate traffic would be done. He offered to speak with the County to see if they could install a left turn lane from the west exit because all traffic has to go through Woolbright except people going over the bridge. He thought the situation would worsen when Bright Line and possibly Coastal Tri -Link would operate. He asked if the developer would sponsor any events. Commissioner Casello inquired who would maintain the seawall and the daily security of the lot and building. Vice Mayor McCray had no questions. Commissioner Katz wanted information regarding access to the easement boardwalk, the hours and security for the waterfront property. Richard Tufano, 205 A. N. High Point Boulevard, asked if a food store in the building was being considered. He was concerned about the crowding in the parking lot across the street and asked if there would be some type of transport for residents to shop. They could walk to other amenities, but shopping would require one to carry more. Mayor Grant requested a motion to adopt Ordinance 17-001. Motion Commissioner Katz so moved. Vice Mayor McCray seconded the motion. City Clerk Pyle called the roll. Vote The vote was 3-2 (Commissioner Romelus and Mayor Grant dissenting.) B. PROPOSED ORDINANCE NO. 17-002 - FIRST READING - Approve Riverwalk Rezoning (LUAR 16-003) from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments, 51,220 square feet of commercial space, public waterfront promenade, and related site improvements on 9.78 acres. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. 33 Page 306 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Mayor Grant requested a motion to approve Ordinance 17-002. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. City Clerk Pyle called the roll. Vote The vote was 3-2 (Mayor Grant and Commissioner Romelus dissenting.) C. Approve request for Riverwalk Plaza (CDPA 16-002) Community Design Plan Appeal of Chapter 2, Article III, Section 4.B.3, "Build -to -line", requiring buildings along Woolbright Road to be constructed within a build -to -fine of 0 to 15 feet to allow a setback of 139 feet. Applicant: Shaul Rikman, Isram Riverwalk, LLC. THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING APPLICATION ITEMS. (This item was previously tabled.) D. Approve request for Riverwalk Plaza (HTEX 16-002) Height Exception to allow the stair towers and decorative architectural features of the Riverwalk Plaza mixed use project to be constructed at 105 feet, 5 feet above the maximum allowable height of 100 feet in the MU -4 (Mixed Use -4) zoning district. Applicant: Shaul Rikman, Isram Riverwalk, LLC THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION IS TO BE TAKEN ON THE CORRESPONDING APPLICATION FOR LAND USE AMENDMENT AND REZONING. (This item was previously tabled.) E. Approve request for Riverwalk Plaza Major Site Plan Modification (MSPM 16- 002) for 326 multifamily units (rental apartments), 51,220 square feet of commercial space, public waterfront promenade and related site improvements on a 9.78 -acre parcel located at the southeast corner of South Federal Highway and Woolbright Road. Applicant: Shaul Rikman, Isram Riverwalk, LLC THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REQUESTS FOR LAND USE AMENDMENT AND REZONING. 0 Page 307 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida (This item was previously tabled.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS January 3, 2017 A. PROPOSED RESOLUTION NO. R17-004 - Authorize the City Manager to sign an agreement with Community Caring Center of Greater Boynton Beach, Inc. for leasing of space at the Library to operating a Cafe. (This item was addressed earlier in the meeting.) 12. NEW BUSINESS - None 13. LEGAL A. Mixed Use - 4 (MU -4) Zoning District (CDRV 16-006) - PROPOSED ORDINANCE NO.16-023 - SECOND READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning District including amendments or additions to definitions, site development standards, zoning uses, and urban design standards. City initiated. (This item was heard earlier in the meeting.) B. Infill Planned Unit Development (IPUD) (CDRV 16-006) - PROPOSED ORDINANCE 16-024 - SECOND READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). City initiated. Attorney Cherof read proposed Ordinance16-024 by title only on second reading. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Mayor Grant opened the floor to public comments. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge was confused and announced she had comments about Riverwalk. Mayor Grant explained comments about Riverwalk will be heard on January 17th at the second hearing. Attorney Cherof explained this was the 35 Page 308 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 first reading of the Ordinance. It is not final. Ms. Hogan advised the instructions were not helpful to her to express what she wanted to at this event. Mayor Grant noted Infill Planned Unit Development (IPUD) was different than industrial. He inquired if any of those areas did not have minimum or maximum lot areas and have a better chance for development of the vacant area. Mr. Rumpf responded that was correct. Mayor Grant asked if the standards are strictly construed. Mr. Rumpf advised there was no uncertainty in the current regulations for IPUD. The only changes proposed were the minimum and maximum project areas not lot area. No public comments. City Clerk Pyle called the roll. Vote The vote was 5-0. C. PROPOSED ORDINANCE NO. 16-025 - SECOND READING - Adoption of an Ordinance establishing a Moratorium for a period from December 6, 2016, to June 4, 2017 regarding group homes. Attorney Cherof read proposed Ordinance 16-025 on second reading. He noted the Ordinance is listed on second reading, which normally would be final, but the City advertised two public hearings on the Ordinance. After opening and closing this public hearing, another would occur on the 17th. He commented there should be a motion to table it after the public hearing at this meeting. Mayor Grant opened public hearing, Nancy Hogan, 37 Hibiscus Way, asked if the Ordinance pertained to sober homes or group homes and learned sober homes are a sub category of group homes. Ms. Hogan commented sober homes have been a serious problem. She commented Mr. Hager on the State level was working on the issue and learned there were ADA issues. Congresswoman Frankel is acting on the federal level so there is a dialogue to find relief. She owns at Snug Harbor which is four stories and there are sober homes two doors down. She commented it looks terrible and the City has to be very careful about all development. No one else coming forward, Public Hearing was closed. Motion Vice Mayor McCray moved to table. Commissioner Romelus seconded the motion. 36 Page 309 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 Vote The motion unanimously passed. D. PROPOSED ORDINANCE NO. 17-003 - FIRST READING - Approve Ordinance prohibiting "Conversion Therapy". (This item was addressed earlier in the meeting.) 14. FUTURE AGENDA ITEMS Mayor Grant requested deferring the Library presentation. There were no objections to the request. A. City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. B. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. - February 7, 2017. C. Monthly Departmental Presentations: Library - January 2017 Communications/Marketing - February 2017 D. The Commission meeting on Tuesday, March 7, 2017 has been rescheduled to Monday, March 6, 2017 at 6:30p.m. in the Commission Chambers due to members of the Commission travelling to Tallahassee on March 7, 2017. E. Joint City Commission/CRA Workshop for six month update on 2016 strategic plan at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017. F. Discuss the creation of a citizen oversight committee as provided by Palm Beach County ordinance and Interlocal agreement - January 17, 2017. G. Interlocal Agreement with CRA for Community Standards Outreach position - January 17, 2017. H. Review and consider entering into a Solar Lease and Easement Agreement with FP&L to provide a Solar Tree at Oceanfront Park - January 17, 2017. I. Consider adopting a Chronic Nuisance Ordinance - February 2017. 37 Page 310 of 733 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 3, 2017 J. Pursuant to Section 286.011(8), Florida Statutes, the City has scheduled a private attorney-client session to discuss pending litigation - February 7, 2017, 6:00 pm. K. Possible changes to cemetery policies - January 17, 2017. 15. ADJOURNMENT Motion Vice Mayor McCray moved to adjourn. Commissioner Katz seconded the motion, Vote The motion unanimously passed. The meeting was adjourned at 10:31 p.m. ATTEST Judith A. Pyle, CMC City Clerk Catherine Cherry, Minutes Specialist : CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 311 of 733 7.A. REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-011 - Authorize utilizing National Intergovernmental Purchasing Alliance (Nati IPA) contract #151089 "Body Worn Cameras and Storage System" and authorize the City Manager to sign a Master Services and Purchasing Agreement and any related documents to purchase body Worn cameras and a five (5) year subscription with Evidence.com for the storage of all video related to the body worn cameras, subject to the City Attorney's review and approval. The National IPA contract was competitively bid by the City of Tuscon, AZ and satisfies the City's competitive bid requirements. Requesting Commission approval to utilize $49,737.92 for the cost of the cameras (including shipping) from the Federal Forfeiture Law Enforcement Trust Fund. The five (5) year subscription of Evidence.com for unlimited storage cost is $512,046 to be paid from the departmental budget. EXPLANATION OF REQUEST: Contract Term: February 1, 2015 - January 31, 2017 Requesting 80 body worn video cameras and associated digital evidence management software. This agenda item will include the necessary accessories, storage, management tools and training for a successful body worn cameras program (BWC). Due to the unique workflow requirements at Boynton Beach PD, TASER will provide the agency with a "two for one" camera hardware offering. This will outfit each officer with two cameras at no additional cost. In addition to the necessary hardware and software, this program allows Boynton Beach Police Department to stay current despite the rapid pace of change in technology we are seeing in today's world. TASER will provide two sets of replacement hardware during the course of the five year contract. Additionally, all hardware will be under warranty for the lifetime of the contract. With regards to storage, this contract provides unlimited storage for all video recorded using TASER equipment. The benefit of having unlimited storage is that there will not be a need to purchase more storage space regardless of what happens with State retention laws or agency policy moving forward. These cameras leverage the technology of TASER CEW Smart Weapons, previously purchased by the City. Recently developed technology allows cameras to be activated by the use of a TASER CEW. By having a BWC program, the department believes it increases transparency, improves police behavior measured through citizen complaints and use of force incidents, expedites resolution of complaints and lastly the technology can serve as an important training tool. Tentative Rollout Schedule: • December — Procurement Finalization • January — Delivery of Product • February — Issuance / Training / Public Education • March — Deployment into the Field HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In keeping with the strategic intent of our department's mission, this program will help us provide effective, efficient and impartial police services while remaining committed to the sanctity of the public trust. This program will show to the community the department's willingness to perform openly in a way that reflects our core values - specifically those of civility and accountability. This shift toward greater operational transparency will also demonstrate to the community Page 312 of 733 that officers routinely perform their duties in a fair and just manner. This is central to the administration of procedural justice. Procedural justice builds trust, cooperation, and support for the agency's mission. FISCAL IMPACT: Budgeted Cost of Cameras with Shipping $49,737.92 Year 1 of Evidence.com $108,990 Year 2 thru 5 $100,764 annually Total for the 5 year term $561,783.92 FY 16/17: Fed Forfeiture, 691-5000-590-04-22 $49,737.92 Departmental Budget 001-2112-521-49-17 $63,577.50 ($9,082.50 per month assume deployed March 1, 2017, 7 months for FY16/17) FY 17/18 Departmental Budget 001-2112-521-49-17 $104,191.50 (5 months @ $9,082.50 + 7 months @ $8,397.00) FY 18/19 Departmental Budget 001-2112-521-49-17 $100,764.00 (12 months @ $8,397) FY 19/20 Departmental Budget 001-2112-521-49-17 $100,764.00 (12 months @ $8,397) FY 20/21 Departmental Budget 001-2112-521-49-17 $100,764.00 (12 months @ $8,397) FY 21/22 Departmental Budget 001-2112-521-49-17 $41,985.00 (5 months @ $8,397, October - February) The approved FY16/17 departmental budgeted included $96,000 for the purchase of body cameras and storage costs for some portion of the fiscal year. ALTERNATIVES: Do not purchase body cameras at this time STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS Page 313 of 733 VENDOR NAME: Tazer International/ Axon Regional Representative START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Initial term was 1 year, 2/01/15 - 01/31/16, has four (4), one (1) year renewal options. Renewed for 1st renewal period, 02/01/16 - 01/31/17. Three (3), one (1) year renewals still available ATTACHMENTS: REVIEWERS: Department Type Description D Resolution Resolution Purchase Body Cameras D Agreement Master Service Purchasing Agreement D Quotes TASER Quote D Piggy -Back Natl IPA Contract Term -Info D Piggy -Back Natl IPA Contract - TASER D Memo Executive Sbummary memo from City of Tuscon RFP D Memo Federal Forfeiture Memo REVIEWERS: Department Reviewer Action Date Police Katz, Jeff Approved 12/7/2016 - 4:09 PM Legal Swanson, Lynn Approved 12/15/2016 - 1:42 PM Finance Howard, Tim Approved 12/15/2016 - 1:41 PM City Manager LaVerriere, Lori Approved 12/15/2016 - 1:51 PM Page 314 of 733 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 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER SIGN A MASTER SERVICES AND PURCHASING AGREEMENT AND ALL RELATED DOCUMENT, SUBJECT TO CITY ATTORNEY APPROVAL, WITH TASER INTERNATIONAL, INC., FOR THE PURCHASE OF 80 BODY WORN CAMERAS AND A FIVE YEAR SUBSCRIPTION OF EVIDENCE.COM FOR UNLIMITED STORAGE OF ALL VIDEO FROM THE CAMERAS IN THE AMOUNT OF $561,783.92; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Department is requesting to purchase 80 body worn cameras and associated digital evidence management software which will include the necessary accessories, storage, management tools and training for a successful body worn cameras program; and WHEREAS, this will also provide unlimited storage for all video recorded using TASER equipment and will benefit the Police Department by not having to purchase more storage space regardless of what happens with State retention laws or agency policy; and WHEREAS, staff has recommended that the City Commission approve a five (5) year subscription with Evidence.com and the purchase of 80 body worn cameras from Taser International, Inc., utilizing $49,737.92 for the cost of the cameras from the Federal Forfeiture Law Enforcement Trust Fund and the five year subscription for unlimited storage in the amount of $512,046.00 from the departmental budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5211 B912-90B8-46F2-886A-9E67B42EB779\Boynton Beach.4931.1.Body_worn_camera_purchase_Taser_Intl_ =Reso.doc Page 315 of 733 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes and directs the City Manager to sign a Master Services and Purchase Agreement, along 34 with all related documents, subject to City Attorney Approval, with Taser International, Inc., for 35 the five (5) year subscription with Evidence.com and the purchase of 80 body worn cameras from 36 Taser International, Inc., utilizing $49,737.92 for the cost of the cameras from the Federal 37 Forfeiture Law Enforcement Trust Fund and the five year subscription for unlimited storage in the 38 amount of $512,046.00 from the departmental budget, a copy of said Master Services and 39 Purchase Agreement final document is attached hereto as Exhibit "A". !II 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5211 B912-90B8-46F2-886A-9E67B42EB779\Boynton Beach.4931.1.Body_worn_camera_purchase_Taser_Intl_ =Reso.doc Page 316 of 733 F1, MASTER SERVICES AND PURCHASING AGREEMENT between TASER INTERNATIONAL, INC. MM Boynton Beach Police Dept. - FL CITY Agreement Number - Page 317 of 733 D®TA 1 P R €s T E L T -0.. 1 F F MASTER SERVICES AND PURCHASING AGREEMENT This Master Agreement (the Agreement) by and between TASER International, Inc., (TASER or Party) a Delaware corporation having its principal place of business at 17800 N 85th Street, Scottsdale, Arizona, 85255, and Boynton Beach Police Dept. - FL , (Agency, Party or collectively Parties) having its principal place of business at 100 E. Boynton Beach Blvd., Boynton Beach, FL, 33435, is entered into as of December, 29, 2016 (the Effective Date). This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of TASER products and services as detailed in Quote # Q-92696 (the Quote), which is hereby incorporated by reference. It is the intent of the Parties that this Agreement shall act as a master agreement governing all subsequent purchases by Agency of TASER Products and all subsequent quotes accepted by Agency shall be also incorporated by reference as a Quote. In consideration of this Agreement the Parties agree as follows: 1 Term. This Agreement will commence on the Effective Date and will remain in full force and effect until terminated by either Party. TASER services will not be authorized until a signed Quote or Purchase Order is received, whichever is first. 1.1 Evidence.com Subscription Term: The Initial Term of the Subscription services will begin after shipment of the Product. If shipped in 1st half of the month, the start date is on the 1st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. Subscription Services will automatically renew for additional successive Terms of one (1) year after completion of the initial Term at the list price then in effect, unless the Agency gives TASER written notice of termination within sixty (60) days prior to the end of a one (1) year period. 1.2 Professional Services Term: Amounts pre -paid for professional services as outlined in the Quote and the Professional Service Appendix must be used within 6 months of the Effective Date. 2 Definitions. "Business Day" means Monday through Friday, excluding holidays. "Confidential Information" means all nonpublic information disclosed by TASER, TASER affiliates, business partners of TASER or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. "Documentation" means the (i) specifications, explanatory or informational materials, whether in paper or electronic form, that relate to the Services provided under this Agreement, or (ii) user manuals, technical manuals, training manuals, warnings, specification or other explanatory or informational materials, whether in paper or electronic form, that relate to the Products provided under this Agreement. "Evidence.com Service" means TASER web services for Evidence.com, the Evidence.com site, EVIDENCE Sync software, EVIDENCE Mobile App, Axon® Mobile App, other software, maintenance, storage, and product or service provided by us under this Agreement for use with Evidence.com. This does not include any Third Party Applications, hardware warranties, or the my.evidence.com services. "Installation Site" means the location(s) where the Products are to be installed. "Policies" means the Trademark Use Guidelines, all restrictions described on the TASER website, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. "Products" means all TASER equipment, software, cloud based services, Documentation and software maintenance releases and updates provided by TASER under this Agreement. "Quote" is an offer to sell, is valid only for products and services listed on the quote at prices on the Title: Evidence.com Master Service Agreement with Exhibits Page 2 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 318 of 733 (_rAMBIEFR 1 P R €s T E L T -0.. 1 F F quote. All Quotes referenced in this Agreement or issued and accepted after the Effective Date of this Agreement will be subject to the terms of this Agreement. Any terms and conditions contained within the Agency's purchase order in response to the Quote will be null and void and shall have no force or effect. TASER is not responsible for pricing, typographical, or other errors in any offer by TASER and TASER reserves the right to cancel any orders resulting from such errors. TASER reserves the right to adjust prices or Products unless otherwise specified in the Quote. "Resolution Time" means the elapsed time between TASER's acknowledgment of an issue until the problem in the Services has been resolved, which does not include time delays caused by the Agency or by third parties outside of TASER's reasonable control. "Services" means all services provided by TASER pursuant to this Agreement. "Agency Content" means software, data, text, audio, video, images or other Agency content or any of the Agency's end users (a) run on the Evidence.com Services, (b) cause to interface with the Evidence.com Services, or (c) upload to the Evidence.com Services under the Agency account or otherwise transfer, process, use or store in connection with the Agency account. 3 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. All orders are subject to prior credit approval. Payment obligations are non -cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. If a delinquent account is sent to collections, the Agency is responsible for all collection and attorneys' fees. 4 Taxes. Unless TASER is provided with a valid and correct tax exemption certificate applicable to the purchase and ship -to location, the Agency is responsible for sales and other taxes associated with the order. 5 Shipping; Title; Risk of Loss; Resection. TASER reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by TASER. The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agency's responsibility. Shipping dates are estimates only. The Agency may reject nonconforming Product by providing TASER written notice of rejection within 10 days of shipment. Failure to notify TASER within the 10 day rejection period will be deemed as acceptance of Product. 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 7 Warranties. 7.1 Hardware Limited Warranty. TASER warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1 -year limited warranty term plus the term of the extended warranty measured after the expiration of the 1 -year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. TASER-Manufactured Accessories are covered under a limited 90 -DAY warranty from the date of receipt. Non-TASER manufactured accessories are covered under the manufacturer's warranty. If TASER determines that a valid warranty claim is received within the warranty period, TASER agrees to repair or replace the Product. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER's option. 7.2 Warranty Limitations. 7.2.1 The warranties do not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non-TASER products or from Title: Evidence.com Master Service Agreement with Exhibits Page 3 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 319 of 733 (_rAMSOIR 1 P R €s T E L T -0.. 1 F F the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER; or (e) if any TASER serial number has been removed or defaced. 7.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and TASER disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. 7.2.3 TASER's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any TASER product will not exceed the purchase price paid to TASER for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 7.3 Warranty Returns. If a valid warranty claim is received by TASER within the warranty period, TASER agrees to repair or replace the Product which TASER determines in its sole discretion to be defective under normal use, as defined in the Product instructions. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER's option. 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to TASER's websites www.taser.com/support or www.evidence.com, as indicated in the appropriate product user manual or quick start guide. 7.3.2 Before delivering product for warranty service, it is the Agency's responsibility to upload the data contained in the product to the EVIDENCE.com services or download the product data and keep a separate backup copy of the contents. TASER is not responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the product services. 7.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's property and the replaced item becomes TASER's property. 8 Product Warnings. See our website at www.TASER.com for the most current product warnings 9 Design Changes. TASER reserves the right to make changes in the design of any of TASER's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 10 Insurance. TASER will maintain at TASER's own expense and in effect during the Term, Commercial General Liability Insurance, Workers' Compensation Insurance and Commercial Automobile Insurance and will furnish certificates of insurance or self-insurance upon request. 11 Indemnification. TASER will indemnify and defend the Agency Indemnitees (the Agency's officers, directors, and employees) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of TASER under or related to this Agreement, except in the case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers Compensation coverage. Title: Evidence.com Master Service Agreement with Exhibits Page 4 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 320 of 733 (_rAMSOIR 1 P R €s T E L T -0.. 1 F F 12 IP Rights. TASER owns and reserves all right, title, and interest in the TASER Products and related software, as well as any suggestions made to TASER. 13 IP Indemnification. TASER will defend, indemnify, and hold the Agency Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third -party claim alleging that use of TASER Products or Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The Agency must provide TASER with prompt written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such a claim. TASER has no liability to the Agency or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a) any modification of the Evidence.com Services by the Agency or any third party not approved by TASER; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by TASER; (c) the use of Evidence.com Services other than as permitted under this Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by TASER as part of or in connection with the Evidence.com Services. Nothing in this Section will affect any warranties in favor of the Agency that are otherwise provided in or arise out of this Agreement. 14 Agency Responsibilities. The Agency is responsible for (i) use of TASER Products (including any activities under the Agency Evidence.com account and use by Agency employees and agents), (ii) breach of this Agreement or violation of applicable law by the Agency or any of the Agency's end users, (iii) Agency Content or the combination of Agency Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by Agency Content or by the use of Agency Content, (iv) a dispute between the Agency and any third party over Agency use of TASER products or the collection or use of Agency Content, (v) any hardware or networks that the Agency connects to the Evidence.com Services, and (vi) any security settings the Agency establishes to interact with or on the Evidence.com Services. 15 Termination. 15.1 By Either Party. Either Party may terminate for cause upon 30 days advance notice to the other Party if there is any material default or breach of this Agreement by the other Party, unless the defaulting Party has cured the material default or breach within the 30 -day notice period. In the event that the Agency terminates this Agreement under this Section and TASER fails to cure the material breach or default, TASER will issue a refund of any prepaid amounts on a prorated basis. 15.2 By Agency. The Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the then current fiscal year. In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement may be terminated by the Agency. The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the then current fiscal year. 15.3 Effect of Termination. Upon any termination of this Agreement: (a) all Agency rights under this Agreement immediately terminate; (b) the Agency remains responsible for all fees and charges incurred through the date of termination; and (c) Payment Terms, Warranty, Product Warnings, Indemnification, and Agency Responsibilities Sections, as well as the Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment, Software Services Warranty, IP Rights and License Restrictions will continue to apply in accordance with their terms. 15.4 After Termination. TASER will not delete any Agency Content as a result of a termination during a period of 90 days following termination. During this 90 -day period the Agency may retrieve Title: Evidence.com Master Service Agreement with Exhibits Page 5 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 321 of 733 (_rAMSOIR 1 P R €s T E L T -0.. 1 F F Agency Content only if all amounts due have been paid (there will be no application functionality of the Evidence.com Services during this 90 -day period other than the ability to retrieve Agency Content). The Agency will not incur any additional fees if Agency Content is downloaded from Evidence.com during this 90 -day period. TASER has no obligation to maintain or provide any Agency Content after this 90 -day period and will thereafter, unless legally prohibited, delete all of Agency Content stored in the Evidence.com Services. Upon request, TASER will provide written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 15.5 Post -Termination Assistance. TASER will provide Agency with the same post -termination data retrieval assistance that TASER generally makes available to all customers. Requests for TASER to provide additional assistance in downloading or transferring Agency Content will result in additional fees and TASER will not warrant or guarantee data integrity or readability in the external system. 16 General. 16.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of either Party's Confidential Information. Except as required by applicable law, neither Party will disclose either Party's Confidential Information during the Term or at any time during the 5 -year period following the end of the Term. All TASER Pricing is considered confidential and competition sensitive. 16.2 Excusable delays. TASER will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond TASER's reasonable control TASER has the right to delay or terminate the delivery with reasonable notice. 16.3 Force Majeure. Neither Party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. 16.4 Proprietary Information. The Agency agrees that TASER has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute TASER products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 16.5 Independent Contractors. The Parties are independent contractors. Neither Party, nor any of their respective affiliates, has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 16.6 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. 16.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement, neither the Parties nor the Party's employees will discriminate against any person, whether employed by a Party or otherwise, on the basis of basis of race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for employees, agents, subcontractors or others to be engaged by a Party or placed by or on behalf of a Party, the solicitation or advertisement shall state all qualified applicants shall receive consideration for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. Title: Evidence.com Master Service Agreement with Exhibits Page 6 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 322 of 733 (_rAMBOIR 1 P R €s T E L T -0.. 1 F F 16.8 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" will have the same rights and restrictions generally applicable to the Evidence.com Services. If the Agency is using the Evidence.com Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, the Agency will immediately discontinue use of the Evidence.com Services. The terms "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 16.9 Import and Export Compliance. In connection with this Agreement, each Party will comply with all applicable import, re- import, export, and re-export control laws and regulations. 16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. TASER may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 16.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the Party's right to enforce the provision at a later time. 16.12 Severability. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 16.13 Governing Law; Venue. The laws of the state where the Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 16.14 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. Notices provided by posting on the Agency's Evidence.com site will be effective upon posting and notices provided by email will be effective when the email was sent. Notices provided by personal delivery will be effective immediately. Contact information for notices: TASER: TASER International, Inc. AGENCY: ATTN: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 contracts@taser.com 16.15 Entire Agreement. This Agreement, including the APPENDICES attached hereto, and the Policies and the quote provided by TASER, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. If TASER provides a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict. Title: Evidence.com Master Service Agreement with Exhibits Page 7 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 323 of 733 (_rAMSOIR 1 P R €s T E L T -0.. 1 F F 16.16 Counterparts. If this Agreement form requires the signatures of the Parties, then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. TASER International, Inc. Signature: Name: Title: Date: Address: 17800 N. 85th Street Scottsdale, AZ 85255 Attn: Contracts Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Boynton Beach Police Dept. - FL Signature: Name: Title: Date: Address: 100 E. Boynton Beach Blvd., Boynton Beach, FL, 33435 Page 8 of 18 Page 324 of 733 (_rAMSOIR 1 P R €s T E L T -0.. 1 F F Evidence.com Terms of Use Appendix Access Rights. Upon the purchase or granting of a subscription from TASER and the opening of an Evidence.com account the Agency will have access and use of the Evidence.com Services for the storage and management of Agency Content during the subscription term (Term). The Evidence.com Service and data storage are subject to usage limits. The Evidence.com Service may not be accessed by more than the number of end users specified in the Quote. If Agency becomes aware of any violation of this Agreement by an end user, the Agency will immediately terminate that end user's access to Agency Content and the Evidence.com Services. 2 Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in and to Agency Content and TASER obtains no rights to the Agency Content and the Agency Content are not business records of TASER. The Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. TASER will have limited access to Agency Content solely for the purpose of providing and supporting the Evidence.com Services to the Agency and Agency end users. The Agency represents that the Agency owns Agency Content; and that none of Agency Content or Agency end users' use of Agency Content or the Evidence.com Services will violate this Agreement or applicable laws. 3 Evidence.com Data Security. 3.1. Generally. TASER will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure. TASER will maintain a comprehensive Information Security Program (ISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection. The Agency is responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Log -in credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. The Agency agrees to be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end users which result in unauthorized access to the Agency account or Agency Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by the Agency at any time. The Agency shall contact TASER immediately if an unauthorized third party may be using the Agency account or Agency Content or if account information is lost or stolen. 3.2. FBI CJIS Security Addendum. For customers based in the United States, TASER agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Addendum for the Term of this Agreement. 4 Our Support. TASER will make available updates as released by TASER to the Evidence.com Services. Updates may be provided electronically via the Internet. TASER will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities. The Agency is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services. 5 Data Privacy. TASER will not disclose Agency Content or any information about the Agency except as compelled by a court or administrative body or required by any law or regulation. TASER will give notice if any disclosure request is received for Agency Content so the Agency may file an objection with the court or administrative body. The Agency agrees to allow TASER access to certain information from the Agency in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; or Title: Evidence.com Master Service Agreement with Exhibits Page 9 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 325 of 733 (_rAMBIEFR 1 P R €s T E L T -0.. 1 F F (c) perform analytic and diagnostic evaluations of the systems. 6 Data Storage. TASER will determine the locations of the data centers in which Agency Content will be stored and accessible by Agency end users. For United States customers, TASER will ensure that all Agency Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. TASER may transfer Agency Content to third parties for the purpose of storage of Agency Content. Third party subcontractors responsible for storage of Agency Content are contracted by TASER for data storage services. Ownership of Agency Content remains with the Agency. For use of an Unlimited Evidence.com License unlimited data may be stored in the Agency's Evidence.com account if the data originates from a TASER device. For use of Totally Unlimited Evidence.com Licenses TASER reserves the right to limit the types of content the Agency can store and share using the Services. 7 Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre-existing subscriptions. TASER reserves the right to charge additional fees for exceeding purchased storage amounts or for TASER's assistance in the downloading or exporting of Agency Content. 8 Suspension of Evidence.com Services. TASER may suspend Agency access or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice in accordance with the following: 8.1. The Termination provisions of the Master Service Agreement apply; 8.2. The Agency or an end user's use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any other customer, (iii) may subject TASER, TASER's affiliates, or any third party to liability, or (iv) may be fraudulent; 8.3. If TASER suspends the right to access or use any portion or all of the Evidence.com Services, the Agency remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. TASER will not delete any of Agency Content on Evidence.com as a result of a suspension, except as specified elsewhere in this Agreement. 9 Software Services Warranty. TASER warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. TASER disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services. 10 License Restrictions. Neither the Agency nor any Agency end users may, or attempt to: (a) permit any third party to access the Evidence.com Services except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services in a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (e) copy the Evidence.com Services in whole or part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Evidence.com Services, except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or Q) use the Evidence.com Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to store or transmit malicious code. All licenses granted in this Agreement are conditional on continued Title: Evidence.com Master Service Agreement with Exhibits Page 10 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 326 of 733 (_rAMBOIR 1 P R €s T E L T -0.. 1 F F compliance this Agreement, and will immediately and automatically terminate if the Agency does not comply with any term or condition of this Agreement. The Agency may only use our trademarks in accordance with the TASER Trademark Use Guidelines (located at www.TASER.com). Title: Evidence.com Master Service Agreement with Exhibits Page 11 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 327 of 733 (_rAMSOIR 1 P R €s T E L T -0.. 1 F F Professional Services Appendix Scope of Services. The project scope will consist of the Services identified on the Quote. 1.1. The Package for the Axon and Evidence.com related Services are detailed below: System set up and configuration Setup Axon® Mobile on smart phones (if applicable). Configure categories & custom roles based on Agency need. Troubleshoot IT issues with Evidence.com and Evidence.com Dock (Dock) access. Work with IT to install EVIDENCE Sync software on locked -down computers (if applicable). One on-site session Included Dock installation Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Authenticate Dock with Evidence.com using "admin" credentials from Agency. Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. On site Assistance Included Dedicated Project Manager Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Weekly project planning meetings Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units, Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in length. Best practice implementation planning session -1 on-site session to: Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. Provide referrals of other agencies using the Axon camera products and Evidence.com services Create project plan for larger deployments. Recommend rollout plan based on review of shift schedules. System Admin and troubleshooting training sessions 2 on-site sessions—each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. Axon instructor training Prior to general user training on Axon camera systems and Evidence.com services, TASER's on-site professional services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. End user go live training and support sessions Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com and EVIDENCE Sync. Implementation document packet Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go live review session 1.2. Additional training days may be added on to any service package for additional fees set forth in the Quote. Title: Evidence.com Master Service Agreement with Exhibits Page 12 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 328 of 733 (_rAMBOIR 1 P R €s T E L T -0.. 1 F F 2 Out of Scope Services. TASER is responsible to perform only the Services described on the Quote. Any additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. 3 Delivery of Services. 3.1. Hours and Travel. TASER personnel will work within normal business hours, Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays unless otherwise agreed in advance. All tasks on- site will be performed over a consecutive timeframe unless otherwise agreed to by the Parties in advance. Travel time by TASER personnel to Agency premises will not be charged as work hours performed. 3.2. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the Parties in a change order. Changes may require an equitable adjustment in the charges or schedule. 4 Authorization to Access Computer Systems to Perform Services. The Agency authorizes TASER to access relevant Agency computers and network systems solely for the purpose of performing the Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TASER expects to use, and will provide an initial itemized list to the Agency. The Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by the Agency. 5 Site Preparation and Installation. Prior to delivering any Services, TASER will provide 1 copy of the then - current user documentation for the Services and related Products in paper or electronic form (Product User Documentation). The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the installation of Product (whether performed by the Agency or TASER), the Agency must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products, the Agency must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by TASER under this Agreement, including the environmental specifications for the Products, TASER will provide the updates or modifications to Agency when they are generally released by TASER to TASER customers. 6 Acceptance Checklist. TASER will present an Acceptance Checklist (Checklist) upon completion of the Services that will exactly mirror the description of services within this Section. The Agency will sign the Checklist acknowledging completion of the Services once the on-site service session has been completed. If the Agency reasonably believes that TASER did not complete the Services in substantial conformance with this Agreement, the Agency must notify TASER in writing of the specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist. TASER will address the issues and then will re -present the Checklist for approval and signature. If TASER does not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Services within 7 calendar days of delivery of the Checklist, the absence of the Agency response will constitute affirmative acceptance of the Services, and a waiver of any right of rejection. 7 Liability for Loss or Corruption of Data. The Agency is responsible for: (i) instituting proper and timely backup procedures for Agency software and data; (ii) creating timely backup copies of Agency software or data that may be damaged, lost, or corrupted due to our provision of Services; and (iii) using backup copies to restore any Agency software or data in the event of any loss of, damage to, or corruption of the operational version of Agency software or data, even if such damage, loss, or corruption is due to TASER negligence. However, regardless of any assistance provided by TASER: (i) TASER will in no way be liable for the accuracy, completeness, success, or results of efforts to restore Agency software or data; (ii) any assistance provided by TASER under this Section is without warranty, express or implied; and (iii) in no Title: Evidence.com Master Service Agreement with Exhibits Page 13 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 329 of 733 (_rAMBOIR 1 P R €s T E L T -0.. 1 F F event will TASER be liable for loss of, damage to, or corruption of Agency data from any cause. Title: Evidence.com Master Service Agreement with Exhibits Page 14 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 330 of 733 (_rAMBOIR 1 P R €s T E L T -0.. 1 F F TASER Assurance Plan Appendix The TASER Assurance Plan or "TAP" has been purchased as part of the Quote attached to this Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models at the end of the TAP Term. TAP only applies to the TASER Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for any one covered Product. TAP Warranty Coverage. TAP includes the extended warranty coverage described in the current hardware warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the Agency continues to pay the required annual fees for TAP. The Agency may not have both an optional extended warranty and TAP on the Axon camera/Dock product. TAP for the Axon camera products also includes free replacement of the Axon flex controller battery and Axon body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty. 2 TAP Term. TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. 3 SPARE Product. TASER will provide a predetermined number of spare Products for those hardware items and accessories listed in the Quote (collectively the "Spare Products") to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to TASER, through TASER's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and TASER will repair or replace the non-functioning unit with a replacement product. TASER warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at TASER's sole option. The Agency may not buy a new TAP for the replacement product or the Spare Product. 3.1. Within 30 days of the end of the TAP Term the Agency must return to TASER all Spare Products. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then TASER will refresh the allotted number of Spare Products with Upgrade Models if the Agency purchases a new TAP for the Upgrade Models. 4 TAP Upgrade Models. Upgrade Models are to be provided as follows during and/or after the TAP Term: (i) an upgrade will provided in year 3 if the Agency purchased 3 years of Evidence.com services with Ultimate Licenses or Unlimited Licenses and all TAP payments are made; or (ii) 2.5 years after the Effective Date and once again 5 years after the Effective Date if the Agency purchased 5 years of Evidence.com services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to TASER or TASER will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency is keeping. The Agency may buy a new TAP for any Upgraded Model. 4.1. TAP Axon Camera Upgrade Models. 4.1.1. If the Agency purchased TAP for Axon Cameras as a stand-alone service, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on - Title: Evidence.com Master Service Agreement with Exhibits Page 15 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 331 of 733 (_rAMBIEFR 1 P R €s T E L T -0.. 1 F F officer video camera that is the same product or a like product, at TASER's sole option. TASER makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. If the Agency would like to change product models for the Upgrade Model, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 4.1.2. If the Agency purchased Unlimited License or OSP, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on -officer video camera of the Agency's choice. 4.2. TAP Dock Upgrade Models. TASER will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at TASER's sole option. If the Agency would like to change product models for the Upgrade Model or add additional bays, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 5 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com services then TASER may terminate TAP and all outstanding Product related TAPS. TASER will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 5.1. TAP coverage will terminate as of the date of termination and no refunds will be given 5.2. TASER will not and has no obligation to provide the free Upgrade Models. 5.3. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products provided under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 5.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 5.5. If the Agency received Axon Products free of charge and TAP is terminated before the end of the term then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid as part of the TAP before the termination date; or (b) only in the case of termination for non -appropriations, return the Products to TASER within 30 days of the date of termination. Title: Evidence.com Master Service Agreement with Exhibits Page 16 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 332 of 733 (_rAMBIEFR 1 P R €s T E L T -0.. 1 F F Axon Integration Services Appendix 1. Term. The term of this SOW commences on the Effective Date. The actual work to be performed by TASER is not authorized to begin until TASER receives the signed Quote or a purchase order for the Integration Services, whichever is first. 2. Scope of Integration Services. The project scope will consist of the development of an integration module that allows the EVIDENCE.com services to interact with the Agency's RMS so that Agency's licensees may use the integration module to automatically tag the AXON® recorded videos with a case ID, category, and location. The integration module will allow the Integration Module License holders to auto populate the AXON video meta -data saved to the EVIDENCE.com services based on data already maintained in the Agency's RMS. TASER is responsible to perform only the Integration Services described in this SOW and any additional services discussed or implied that are not defined explicitly by this SOW will be considered out of the scope and may result in additional fees. 3. Pricing. All Integration Services performed by TASER will be rendered in accordance with the fees and payment terms set forth in the Quote. 4. Delivery of Integration Services. 4.1 Support After Completion of the Integration Services. After completion of the Integration Services and acceptance by the Agency, TASER will provide up to 5 hours of remote (phone or Web -based) support services at no additional charge to the Agency. TASER will also provide support services that result because of a change or modification in the EVIDENCE.com services at no additional charge as long as the Agency maintains EVIDENCE.com subscription licenses and Integration Module Licenses, and as long as the change is not required because the Agency changes its RMS. Thereafter, any additional support services provided to the Agency will be charged at TASER's then current standard professional services rate. 4.2 Changes to Services. Changes to the scope of the Integration Services must be documented and greed upon by the Parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. 4.3 Warranty. TASER warrants that it will perform the Integration Services in a good and workmanlike manner. 5 Acceptance. TASER will present Agency with a completed Checklist (Checklist) certifying TASER's completion of the Integration Services. If Agency reasonably believes that TASER did not complete the Integration Services in substantial conformance with this SOW, Agency must notify TASER in writing of its specific reasons for rejection within 7 calendar days from delivery of the Checklist to the Agency. TASER will address the Agency's issues and will re -present the Checklist for the Agency's review. If TASER does not receive a written notification of the reasons for rejection of the Checklist, the absence of a response will constitute Agency's affirmative acceptance of the Integration Services, and a waiver of any right of rejection. 6 Agency's Responsibilities. TASER's successful performance of the Integration Services depends upon the Agency's: 6.1 Making available its relevant systems, including its current RMS, for assessment by TASER (including making these systems available to TASER via remote access if possible); 6.2 Making any required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks related to TASER's performance of the Integration Services; 6.3 Providing access to the building facilities and where TASER is to perform the Integration Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to TASER representatives performing the Integration Services permitting them to enter and exit Agency premises with laptop personal computers and Title: Evidence.com Master Service Agreement with Exhibits Page 17 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 333 of 733 (_rAMBIEFR 1 P R €s T E L T -0.. 1 F F any other materials needed to perform the Integration Services); 6.4 Providing all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) necessary for TASER to provide the Integration Services; 6.5 Promptly installing and implementing any and all software updates provided by TASER; 6.6 Ensuring that all appropriate data backups are performed; 6.7 Providing to TASER the assistance, participation, review and approvals and participating in testing of the Integration Services as requested by TASER; 6.8 Providing TASER with remote access to the Agency's Evidence.com account when required for TASER to perform the Integration Services; 6.9 Notifying TASER of any network or machine maintenance that may impact the performance of the integration module at the Agency; and 6.10 Ensuring the reasonable availability by phone or email of knowledgeable staff and personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to TASER (these contacts are to provide background information and clarification of information required to perform the Integration Services). 7 Authorization to Access Computer Systems to Perform Services. Agency authorizes TASER to access Agency's relevant computers, network systems, and RMS solely for the purpose of performing the Integration Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TASER expects to use, and will provide an initial itemized list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 8 Definitions. "Integration Services" means the professional services provided by us pursuant to this SOW. Title: Evidence.com Master Service Agreement with Exhibits Page 18 of 18 Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 334 of 733 TASER International Protect Life. Protect Truth. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: 480-991-0791 Joe DeGuilio (561) 742-6126 (561) 742-6185 degiulioj@bbfl.us Bill To: Boynton Beach Police Dept. - FL P.O. BOX 310 Boynton Beach, FL 33425 US Ship To: Joe DeGuilio Boynton Beach Police Dept. - FL 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 US Quotation Quote: Q-92696-2 Date: 12/9/2016 10:39 AM Quote Expiration: 12/31/2016 Contract Start Date*: 1/1/2017 Contract Term: 5 years AX Account Number: 111065 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Andrew Mellen 800-978-2737 amellen@taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Year l: Hardware - Due Net 30 QTY ITEM # DESCRIPTION UNIT TOTAL BEFORE DISCOUNT (S) NET TOTAL PRICE DISCOUNT 80 74001 AXON CAMERA ASSEMBLY, ONLINE, USD 399.00 USD 31,920.00 USD 23,920.00 USD 8,000.00 AXON BODY 2, BLK 80 74020 MAGNET MOUNT, FLEXIBLE, AXON USD 0.00 USD 0.00 USD 0.00 USD 0.00 RAPIDLOCK 80 74021 MAGNET MOUNT, THICK OUTERWEAR, USD 0.00 USD 0.00 USD 0.00 USD 0.00 AXON RAPIDLOCK 80 11553 SYNC CABLE, USB A TO 2.5MM USD 0.00 USD 0.00 USD 0.00 USD 0.00 14 70033 WALL MOUNT BRACKET, ASSY, USD 35.00 USD 490.00 USD 0.00 USD 490.00 EVIDENCE.COM DOCK 14 74008 AXON DOCK, 6 BAY + CORE, AXON USD USD 20,930.00 USD 0.00 USD 20,930.00 BODY 2 11495.00 14 87026 TASER ASSURANCE PLAN DOCK 2 USD 216.00 USD 3,024.00 USD 0.00 USD 3,024.00 ANNUALPAYMENT 80 74001 AXON CAMERA ASSEMBLY, ONLINE, USD 399.00 USD 31,920.00 USD 31,920.00 USD 0.00 AXON BODY 2, BLK 80 74020 MAGNET MOUNT, FLEXIBLE, AXON USD 0.00 USD 0.00 USD 0.00 USD 0.00 RAPIDLOCK Page 1 of 5 Page 335 of 733 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 80 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0.00 80 11553 SYNC CABLE, USB A TO 2.5MM USD 0.00 USD 0.00 USD 0.00 USD 0.00 80 85086 TASER ASSURANCE PLAN UPFRONT PAYMENT, AXON BODY: 5 YEAR USD 1,020.00 USD 81,600.00 USD 81,600.00 USD 0.00 60 70112 AXON SIGNAL UNIT USD 279.00 USD 16,740.00 USD 0.00 USD 16,740.00 80 70116 PPM, SIGNAL USD 89.99 USD 7,199.20 USD 7,199.20 USD 0.00 Year 1: Hardware - Due Net 30 Total Before Discounts: Year 1: Hardware - Due Net 30 Discount: Year 1: Hardware - Due Net 30 Net Amount Due: USD 193,823.20 USD 144,639.20 USD 49,184.00 Year l: Evidence.com - Due Net 30 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 80 85123 EVIDENCE.COM UNLIMITED LICENSE YEAR IPAYMENT USD 948.00 USD 75,840.00 USD 0.00 USD 75,840.00 3,200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 25 88101 STANDARD EVIDENCE.COM LICENSE: YEAR IPAYMENT USD 300.00 USD 7,500.00 USD 0.00 USD 7,500.00 500 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 80 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT USD 180.00 USD 14,400.00 USD 0.00 USD 14,400.00 1 85055 AXON FULL SERVICE USD 15,000.00 I USD 15,000.00 USD 3,750.00 USD 11,250.00 Year 1: Evidence.com - Due Net 30 Total Before Discounts: Year 1: Evidence.com - Due Net 30 Discount: Year 1: Evidence.com - Due Net 30 Net Amount Due: USD 112,740.00 USD 3,750.00 USD 108,990.00 Spares QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 2 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 11553 SYNC CABLE, USB A TO 2.5MM USD 0.00 USD 0.00 USD 0.00 USD 0.00 Spares Total Before Discounts: Spares Net Amount Due: USD 0.00 USD 0.00 Year 2 - Evidence.com QTY ITEM # DESCRIPTION UNIT TOTAL BEFORE DISCOUNT (S) NET TOTAL PRICE DISCOUNT 80 85124 EVIDENCE.COM UNLIMITED LICENSE USD 948.00 USD 75,840.00 USD 0.00 USD 75,840.00 YEAR 2PAYMENT 3,200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 Page 2 of 5 Page 336 of 733 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 25 88201 STANDARD EVIDENCE.COM LICENSE: YEAR 2PAYMENT USD 300.00 USD 7,500.00 USD 0.00 USD 7,500.00 500 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 14 87026 TASER ASSURANCE PLAN DOCK 2 ANNUALPAYMENT USD 216.00 USD 3,024.00 USD 0.00 USD 3,024.00 80 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT USD 180.00 USD 14,400.00 USD 0.00 USD 14,400.00 Year 2 - Evidence.com Total Before Discounts: Year 2 - Evidence.com Net Amount Due: USD 100,764.00 USD 100,764.00 Year 3 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 80 85125 EVIDENCE.COM UNLIMITED LICENSE YEAR 3PAYMENT USD 948.00 USD 75,840.00 USD 0.00 USD 75,840.00 3,200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 25 88301 STANDARD EVIDENCE.COM LICENSE: YEAR 3PAYMENT USD 300.00 USD 7,500.00 USD 0.00 USD 7,500.00 500 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 14 87026 TASER ASSURANCE PLAN DOCK 2 ANNUALPAYMENT USD 216.00 USD 3,024.00 USD 0.00 USD 3,024.00 80 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT USD 180.00 USD 14,400.00 USD 0.00 USD 14,400.00 Year 3 - Evidence.com Total Before Discounts: Year 3 - Evidence.com Net Amount Due: USD 100,764.00 USD 100,764.00 Year 4 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 80 85126 EVIDENCE.COM UNLIMITED LICENSE YEAR 4PAYMENT USD 948.00 USD 75,840.00 USD 0.00 USD 75,840.00 3,200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 25 88401 STANDARD EVIDENCE.COM LICENSE: YEAR 4PAYMENT USD 300.00 USD 7,500.00 USD 0.00 USD 7,500.00 500 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 14 87026 TASER ASSURANCE PLAN DOCK 2 ANNUALPAYMENT USD 216.00 USD 3,024.00 USD 0.00 USD 3,024.00 80 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT USD 180.00 USD 14,400.00 USD 0.00 USD 14,400.00 Year 4 - Evidence.com Total Before Discounts: Year 4 - Evidence.com Net Amount Due: USD 100,764.00 USD 100,764.00 Year 5 - Evidence.com QTY ITEM # DESCRIPTION UNIT TOTAL BEFORE DISCOUNT (S) NET TOTAL PRICE DISCOUNT 80 85127 EVIDENCE.COM UNLIMITED LICENSE USD 948.00 USD 75,840.00 USD 0.00 USD 75,840.00 YEAR 5PAYMENT 3,200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 Page 3 of 5 Page 337 of 733 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 25 88501 STANDARD EVIDENCE.COM LICENSE: YEAR 5PAYMENT USD 300.00 USD 7,500.00 USD 0.00 USD 7,500.00 500 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 14 87026 TASER ASSURANCE PLAN DOCK 2 ANNUALPAYMENT USD 216.00 USD 3,024.00 USD 0.00 USD 3,024.00 80 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT USD 180.00 USD 14,400.00 USD 0.00 USD 14,400.00 Year 5 - Evidence.com Total Before Discounts: Year 5 - Evidence.com Net Amount Due: USD 100,764.00 USD 100,764.00 Page 4of5 Subtotal USD 561,230.00 Estimated Shipping & Handling Cost USD 553.92 Grand Total USD 561,783.92 Page 338 of 733 Complimentary Evidence.com Tier Upgrade Through September 2016 This quote contains a purchase of either the Basic or Standard Evidence.com license. You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until September 2016. This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier. In September 2016 you will be prompted to select which users you would like to assign to each tier. This will have no impact on uploaded data. Axon Body 2 Shipping Axon Body 2 is available for delivery between 8-10 weeks after purchase date. You will be notified if there are any delays. TASER reserves the right to make product changes without notice. Signal Performance Power Magazine (SPPM) Pre -order Thank you for your interest in the Signal Performance Power Magazine (SPPM). This pre -order is a commitment to purchase the SPPM. The SPPM is available for delivery starting in November 2016. You will be notified if there are any delays. TASER reserves the right to make product changes without notice. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's Master Services and Purchasing Agreement posted at www. laser.com/legal. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (if needed): Date: Title: Quote: Q-92696-2 Please sign and email to Andrew Mellen at amellen@taser.com or fax to 480-991-0791 110/:�U:�Y�IU r�].aY�lU.a li1Ly IU �[.Y.91 `Protect Life' and © are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc., registered in the U.S. © 2013 TASER International, Inc. All rights reserved. Page 5 of 5 Page 339 of 733 TASER (D � �� Ti4'SER I AXON Competitively solicited and publicly awarded by: City of Tucson, AZ Contract #151089 Contract Term: February 1, 2015 through January 31, 2017 Page 340 of 733 http://www.nationalipa.org/Vendors/Pages/TASER.aspx#ct100_PlaceHolderMain_TabbedWebPart_tabl[12/13/2016 11:37:33 AM] TASER (D � �1 Ti4'SER I AXON Page 341 of 733 http://www.nationalipa.org/Vendors/Pages/TASER.aspx#ct100_PlaceHolderMain_TabbedWebPart_tabl[12/13/2016 11:36:36 AM] CITY OF TUCSON Contract 151089 for Body Worn Cameras and Storage System with Taser International, Inc. Effective: February 2, 2015 Page 342 of 733 The following documents comprise the executed contract between the City of Tucson and Taser International, Inc., effective February 2, 2015: City of Tucson (Includes Term, Amendments, Pricing and National Cooperative Language) Notice to Award III. Supplier's Response to the RFP (Includes Scope of Work) Page 343 of 733 CONTRACT AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT CONTRACT NO.: 151089 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 CONTRACT AMENDMENT NO.: TWO (2) P.O. BOX 27210, TUCSON, AZ 85726 PAGE 1 of 2 (520) 837-4137 JM ISSUE DATE: JUNE 15, 2016 CONTRACT OFFICER: JENN MYERS THIS CONTRACT IS AMENDED AS FOLLOWS: BODY WORN CAMERAS ITEM ONE ('I): SPECIAL TERMS AND CONDITIONS, COOPERATIVE PURCHASING Special Terms and Conditions, Cooperative Purchasing, shall hereby be replaced in its entirety with the following: The resulting Master Agreement from solicitation#959089, Body Wom Cameras shall be for the use of the City of Tucson. In addition, any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, nonprofit entities and agencies for the public benefit ("Public Agencies'), that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement or registered with National IPA are eligible to participate and purchase at prices stated in the Master Agreement. See ftp. Iw _ td can cir r nt.carrfl a ariners.a.� and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See A8%,1Awvww rl o ,qQtrl r�terTt 1 'tib J.ct gents/ .4 U -r� m�rQf��,� for a listing of participating agencies. The parties agree that these lists are subject to change. Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The Contractor may negotiate adclit mal expenses incurred as a result of participating agencies' usage of this contrect (ie., freight charges, travel related expenses, etc.). The City shall not be responsible for any disputes arising out of transactions made by others. ITEM TWO(2): LOCAL PRICE PREFERENCE As a point of clarification, the following statement is hereby acknowledged: The Request for Proposal that was used to create this contract included a Local Price Preference policy. However, application of the policy had no impact on the award of the contract. ITEM THREE (3): PRICING The Taser International product line is hereby added to the contract per the Attached "2016 Law Enforcement Agency Pricing —Axon Systems." This is not -to -exceed pricing. Additional discounts may be available. Contact TASER for a quote specific to your agency's needs (-this space intentionally left blank.) Page 344 of 733 CONTRACT AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT CONTRACT NO.: 151089 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 CONTRACT AMENDMENT NO.: TWO (2) P.O. BOX 27210, TUCSON, AZ 85726 PAGE 2 of 2 (520) 837-4137 JM ISSUE DATE: JUNE 15, 2016 CONTRACT OFFICER: JENN MYERS (This space intentionally left blank.) ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. CONTRACTOR 'TAt°k \nr-. CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF AND UNDERSTANDING OF THE ABOVE AMENDMENT, Signature of rson authorized to sign Date 33RNN1, C-Ic�bal �e�l Name and Title (tyfaett or printed legibly) Company Name Address Email Address 5 ti>Az %-S 5 City State Zip Contact information for Sales/Account Representative for daily business operations: Na e and it (ttype or printed legibly) Phone Number Email Address THE ABOVE REFERENCED CONTRACT AMENDMENT IS HER=BY ECUTED THIS �_ DAY OF 2018, AT TUCSON, ARIZONA. A Marcheta Gillespie, CPPD, C.P.M., CPPB, CPM as Director of Procurement and not personally Page 345 of 733 17800 N. 85th St. Scottsdale, AZ 85255-6311 800.978.2737 Toll Free • 480.991.0791 Fax www.TASER.com • Sales@TASER.com Ixon Body 2 Hardware Model Product Description Agency Price 74001 Axon Body 2 Camera System online $399.00 ea. 74004 Axon Body 2 Camera System (offline) $399.00 ea. Axon Bodv 2 Accessories * Model Product Description Agency Price 74006 Axon Body 2 Battery $29.95 ea. 74018 Z -Bracket, Men's, Axon Body 2 $29.95 ea. 74019 Z -Bracket, Women's Axon Body 2 $29.95 ea. 74020 Magnet, Flexible, Axon Body 2 $29.95 ea. 74021 Magnet, Outerwear, Axon Body 2 $29.95 ea. 74022 Small Pocket, 4" 10.1 cm), Axon Body 2 $29.95 ea. 74023 Large Pocket, 6" (15.2 cm), Axon Body 2 $29.95 ea. * Two mounts are included (a la carte) for $0; $29.95 for each additional mount. Axon Flex Hardware Model Product Description Agency Price 73096 Axon Flex Camera System Camera, Controller, and product model 73060 $599.00 ea. 73097 Axon Flex Camera System, Offline Camera, Controller, and product model 73060 $599.00 ea. 73034 Oakley Flak Jacket Kit, Axon Flex $149.95 ea. ** This is a promotional price currently available for the Axon Flex system. Axon Sianal Hardware & Services Model Product Description Agency Price 70112 Axon Signal unit (1 per car/motor) $279.00 ea. 70113 Axon Flex Camera System Signal equipped (Signal version of 73096) $688.00 ea. 70114 Axon Flex Camera System Signal equipped, Offline (Signal version of 73097) $688.00 ea. 70115 Axon Flex Controller Signal equipped $239.00 ea. Service Signal installation and/or training Variable Axon Fleet Cameras *** Model Product Description Agency Price Fleet Single Bundle Axon Fleet Single Camera Bundle includes:**** $399.00 ea. 74003 One Axon Fleet Camera**** included 74025 One Axon Fleet Mount Assembly included 70112 One Axon Signal Unit included Fleet Double Bundle Axon Fleet Double Camera Bundle includes:**** $499.00 ea 74003 Two Axon Fleet Cameras included 74025 Two Axon Fleet Mount Assemblies included 70112 One Axon Signal Unit included *** Requires a fleet license for the vehicle used with the Axon Fleet product. **** This is a promotional price currently available for the Axon Fleet system. Axon Fleet Accessories Model Product Description Agency Price 74025 Axon Fleet Mount Assembly $79.95 ea. Title: AXON Lave Enforcement Agency Pricing Department: Sales/Customer Service Version: 1.0 Release Date: lIV2016 Page 1 of 3 Page 346 of 733 Axon Dock Hardware NEE Model Product Description Agency Price 74009 1 -ba + Core Axon Dock 2 for Axon Body 2 $249.00 ea. 74008 6 -ba + Core Axon Dock 2 for Axon Body 2 $1,495.00 ea. 74011 1 -bay for Axon Body 2 $249.00 ea. 74010 6 -bay for Axon Body 2 $1,346.00 ea. 70026 6 -ba + Core Axon Dock for Axon Flex and Axon Body $1,495.00 ea. 70023 1 -bay + Core Axon Dock for Axon Flex and Axon Body $249.00 ea. 70028 Individual bay Axon Dock for Axon Flex and Axon Body $249.00 ea. 70027 Axon Dock Core, compatible with all 1 -bas and 6 -bas $149.00 ea. 70033 Wall mount, Axon Dock for Axon Flex and Axon Body $35.00 ea. 70040 Desk plate, Axon Dock, 6 -bay for Axon Flex and Axon Body $35.00 ea. Customer Care Extended Warranty Model Product Description Agency Price 87029 Axon Body 2 cam 2 -year extended warranty $199.95 ea. 87030 Axon Dock 2 for Axon Body 2, 2 -year extended warranty, single bay + core $129.90 ea. 87031 Axon Dock 2 for Axon Body 2, 2 -year extended warranty 6 -bay + hub $499.90 ea. 70037 Axon Dock for Axon Body and Axon Flex, 2 -year extended warranty, 6 -bay $499.90 ea. 70038 Axon Dock for Axon Body and Axon Flex, 2 -year extended warranty, single ba $129.90 ea. 73033 Axon Flex kit 2 -year extended warranty $299.95 ea. 73074 Axon Body cam 2 -year extended warranty $199.95 ea. Axon Fleet License & Storage Plans (one license per vehicle)* Model Product Description Agency Price 87010 Fleet Basic: 1 year (100 GB of included storage and Evidence.com basic license features) $300.00 ea 85161 Fleet Unlimited HD: 3 year (unlimited HD storage for Fleet cameras, Pro Evidence.com license features, extended Axon camera warrant $1,404.00 ea 85162 Fleet Unlimited HD: 5 year (unlimited HD storage for Fleet cameras, Pro Evidence.com license features, extended Axon camera warranty) $2,340.00 ea. 85163 Fleet Unlimited HD, annual payment (unlimited HD storage for Fleet cameras, Pro Evidence.com license features, extended Axon camera warranty). Must purchase under a 3- or 5- year term $468.00 ea. Evidence.com Services Model Product Description Agency Price 87001 Basic Evidence.com license: 1 year $180.00 ea. 88001 Standard Evidence.com license: 1 year $300.00 ea. 89001 Pro Evidence.com license: 1 year $468.00 ea. 85100 Evidence.com integration license, annual payment $180.00 ea. 85078 Ultimate Evidence.com annual payment* $660.00 ea. 85123 Evidence.com Unlimited Plan annual payment* $948.00 ea. 85130 Officer Safety Plan annual payment— $1,188.00 ea. 85035 Evidence.com storage (GB): 1 year $0.75 ea. 85054 TASER Assurance Plan Axon Flex annual payment $276.00 ea. 85079 TASER Assurance Plan Axon Dock annual payment based on the number of cameraspurchased) $36.00 ea. 87026 TASER Assurance Plan Axon Dock 2 annual payment based on the number of Dockspurchased) $216.00 ea. 85055 Axon Full Service $15,000 ea. 85144 Axon Starter $2,500 ea. 85146 Axon 1 -Day Service $2,000 ea. N.A. Basic remote support Free 73094 Viewer (fees vary based on configuration needs, viewer desired, and market price) Variable 'This license tier is only available for 3 -year or 5 -year terms **This license tier is only available for 5 -year terms. Title: AXON Lave Enforcement Agency Pricing Department: Sales/Customer Service Version: 1.0 Release Date: lIV2016 Page 2 of 3 Page 347 of 733 Axon Flex Accessories NEE Model Product Description Agency Price 73004 USB Sync Cable w/ Wall Charger $14.95 ea. 73008 Oakley Clip $19.95 ea. 73088 Ratchet Collar/Versatile/Cap Mount $29.95 ea. 73062 Ball Cap Mount $29.95 ea. 73010 Low Rider Headband $49.95 ea. 73058 Low Rider Headband, Large $54.95 ea. 73036 Controller Holster, Flex, Belt Clips $29.95 ea. 73011 Epaulette Mount $19.95 ea. 73013 Helmet Mount $19.95 ea. 73020 Universal Magnet Clip $7.95 ea. 73021 Multi -Mounting Kit, Flex Low Rider headband, Ratchet Collar mount, Epaulette mount, Oakley kit $199.95 ea. 73059 Ballistic Vest Mount, Rotating $19.95 ea. 73005 Cable, Straight to Right Angle, 36" $5.95 ea. 73067 Cable, Coiled, Straight to Right Angle, 36" $12.95 ea. 73060 Cable, Coiled, Straight to Right Angle 48" $12.95 ea. 73081 TASER CAM HD/Axon Camera Universal Charger w/ U.S. and International Adaptors $14.95 ea. 73099 Helmet Mount, SWAT Kit, Axon Flex $29.95 ea. Freight Policy Freight is the responsibility of the purchaser. All orders are shipped F.O.B. Scottsdale, AZ via Fed -Ex ground and billed as a separate line item on invoice. All taxes, duties and customs, where applicable, are the responsibilities of the customer. Pricing Pricing for Law Enforcement/Correctional Agencies Only. Must be a sworn law enforcement officer to purchase. This is not -to -exceed pricing. Additional discounts may be available. Contact TASER for a quote specific to your agency's needs. Order Lead Time 4 to 6 weeks ARO. ALL SALES ARE FINAL. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers apply to all sales and are available at http://www.taser.com/sales-terms-and-conditions. Flak Jacket is a trademark of Oakley, Inc., Motorola is a trademark of Motorola Trademark Holdings, LLC., and VELCRO is a trademark of Velcro Industries B.V. AXON, Axon, Axon Body 2, Axon Flex, Axon Fleet, Axon Signal, Evidence.com, TASER, TASER CAM, and C are trademarks of TASER International, Inc., some of which registered in the US and other countries. For more information, visit www.TASER.com/legal. All rights reserved. © 2016 TASER International, Inc. Title: AXON Law Enforcement Agency Pricing Department: Sales/Customer Service Version: 1.0 Release Date: lIV2016 Page 3 of 3 Page 348 of 733 DocuSign Envelope ID: A64B2930-CE3B-406B-8576-93B9AC693369 CONTRACT AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 P.O. BOX 27210, TUCSON, AZ 85726 (520)837-4137 ISSUE DATE: MARCH 30, 2016 THIS CONTRACT IS AMENDED AS FOLLOWS: BODY WORN CAMERAS ITEM ONE (1): RENEWAL CONTRACT NO.: 151089 CONTRACT AMENDMENT NO.: ONE (1) PAGE 1 0 3 JM/sa CONTRACT OFFICER: ,PENN MYERS Pursuant to Contract No. 1510B9, Special Terms and Conditions, Term and Renewal, the City is hereby exercising its option to renew the contract for the period of February 1, 2016 through January 31, 2017. ITEM TWO (2): INDEMNIFICATION Paragraph 19 of the Standard Terms and Conditions section is hereby replaced in its entirety with the following paragraph: 19. INDEMNIFICATION: To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any negligent actions, negligent acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. The Contractors agrees to waive all rights of subrogation against the City of Tucson, it's agents, representatives, officers, directors, officials, employees and volunteers for losses arising from the work performed by the Contractor for the City of Tucson. Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (ACA), for its employees in accordance with 26 CFR §54. 4980H. Additionally, Contractor is responsible for all applicable IRS reporting requirements related to ACA, If Contractor or any of Contractor's employees is certified to the City as having received a premium tax credit or cost sharing reduction which contributes to or triggers an assessed penalty against the City, or Contractor fails to meet reporting requirements pursuant to section 6056 resulting in a penalty to City, Contractor indemnifies City from and shall pay any assessed tax penalty. Page 349 of 733 DocuSign Envelope ID: A64B2930-CE3B-406B-8576-9389AC693369 CONTRACT AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 P.O. BOX 27210, TUCSON, AZ 85726 (520) 837-4137 ISSUE DATE: MARCH 30, 2016 CONTRACT NO.: 151089 CONTRACT AMENDMENT NO.: ONE (1) PAGE 2of3 JMlsa CONTRACT OFFICER: JENN MYERS (This page intentionally left blank.) ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. CONTRACTOR: CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF AND UNDERSTANDING OF THE ABOVE AMENDMENT, Faocuftned by: 3/30/2016 Signature o person authorized to sign Date Josh Isner, EVP Global Sales Name and Title (typed or printed legibly) TASER International, Inc. Company Name 17800 N. 85th Street Address contracts@taser.com Email Address Scottsdale AZ 85255 City State Zip Contact information for Sales/Account Representative. for daily business operations: Sales Ops Name and Title (typed or printed legibly) 480-991-0797 Phone Number CITY OF TUCSON: THE ABOVE REFERENCED CONTRACT AMENDMENT IS HEREBY EXECUTED THIS DAY OF 2016, AT TUCSON, ARIZONA. Marcheta Gillespie, CPPD, C.P.M., CPPB, CPM as Director of Procurement and not personally Page 350 of 733 DocuSign Envelope ID: A6432930-CE3B-4066-8576-93B9AC693369 CONTRACT AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 P.O. BOX 27210, TUCSON, AZ 85726 (520) 637-4137 ISSUE DATE: MARCH 30, 2016 contracts@taser.com Email Address CONTRACT NO.: 151089 CONTRACT AMENDMENT NO.: ONE (1) PAGE 3 of 3 JMlsa CONTRACT OFFICER: JENN MYERS Page 351 of 733 'esor'February 6, 2015 CITY OF Maureen Hanrahan TUCSON Sales Operations Coordinator TASER International, Inc DEPARTMENT OF PROCUREMENT 17800 N 85`r' St. Scottsdale, AZ 85255 Via email: Maureen@taser.com RE; Contract No. 151089, Body Worn Cameras .Dear Ms. Hanrahan: Congratulations! The City of Tucson has awarded to your firm the above referenced contract. The effective date for the contract will be February 2, 2015 through February 1, 2016. A copy of the contract, the Designation of Contract Representative memorandum outlining the duties and responsibilities of the representative as they relate to this contract, and a purchase order are enclosed. The City looks forward again to working with your organization. If you have any questions, please feel free to contact me. I can be reached at (520) 837-4132. Sincerely, Gillian Needham Senior Contract Officer G'tillan.Needham@tucsonaz.gov GN/sa Enclosures: 3 ADMINISTRATION • DESIGN AND CONSTRUCTION SERVICES • GOODS AND SERVICES MAIL SERVICES • S.A.M.NI. (SURPLUS AUCTION MATERIALS NIANAGEMENT) CITY HALL • 255 w. ALAMEDA . P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 • FAX (520) 791-4735 • TTY (520) 791-2639 W W WAU6g0T111fuC111-CIlIIn LCV11I Page 352 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT NOTICE OF INTENT TO AWARD .January 22, 2015 Maureen Hanrahan Sales Operations Coordinator TASER International, Inc 17800 N 85"i st Scottsdale, AZ 85255 Via email: Maureen@taser.com Re: Request for Proposal #151089, Body Wom Cameras Dear Ms. Hanrahan: It is the City's intent to accept your bid for the above -referenced solicitation. This Notice of Intent to Award is not a contract and does not establish any contractual relationship. The contract is not deemed to be executed until it is signed by the City's Director of Procurement and approved as to form by the City Attorney. Sincerely, li ( JI� �I iii v Gillian Needham Senior Contract Officer GNIsa ADMINISTRATION • DESIGN AND CONSTRUCTION SERVICES • GOODS AND SERVICES MAIL SERVICES • S.A.N1.NI. (SURPLUS AUCTION MATERIALS MANAGEMENT) CITY HALL ■ 255 W. ALANIEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 • FAX (520) 79I-4735 • TTY (520) 791-2639 W wu'.IU1501111111C11I'l'lll C11L1'PIl] Page 353 of 733 Contract #151089 Body Worn Cameras Table of Contents 1. Taser International Best and Final Offer 2. city's Request for Best and Final Offer 3. Taser International's response to RFP #151089 4. RFP #151089 Page 354 of 733 1. Taser International Best and Final Offer Page 355 of 733 EV113ENCE.C(DM- EVIDENCE.com and RMS Integration ROI Analysis Page 356 of 733 EVIDENCE.CCDM- Adds Incident ID, Category and Location to videos automatically Avoids the misspellings and incomplete info of manual entry Makes it easier to search and retrieve evidence later Frees officers from manual video tagging and saves time Requires minimal involvement from IT staff Can work with any system without involving RMS vendors Cosr Effectiveness, Saves up to 5200 per officer per month in productivity costs Per -user pricing scales with the number of officers uploading Can be added to existing contracts anytime (800) 978.2737 , TASER.com/rms Page 357 of 733 EVIE:)ENCE_CCDM" Q. What is EVIDENCE.com RMS Integration? A. We take information exported from the agency's Record Management System and correlate it with videos on EVIDENCE.com. This allows us to automatically tag AXON® videos with the correct: Incident ID Category Location Officers no longer have to spend valuable time entering this data after each incident, and supervisors no longer have to search extensively for untagged or incorrectly tagged videos. Q. Why is an RMS Integration valuable? A. Video evidence can be invaluable—as long as it's easily logged and found. We've observed that when busy officers manually tag videos with metadata, only 80% are tagged with Che information necessary to manage the evidence later, and some may be tagged incorrectly due to officers mistyping a value. RMS Integration automates the process to ensure you have complete, correct information about each piece of video evidence. Tagging videos correctly takes officers rime, about 3 minutes per video. T they record 5 videos per shift, and work 16 shifts per month, that means each officer is spending 4 hours per month entering metadata. Some agencles estimate that automating this process could help them save up to S200 In productivity costs for every officer, every month—that's on top of the efficiency gains from implementing AXON cameras and EVIDENCE.com in the first place. Q. How does it work? A. We can integrate with any RMS, and do not need to involve your RMS vendor in the process. For your agency there are only 2 steps: 1. Generate a regularly scheduled export (XML or CSV file) ofyour RMS database with the relevant information 2. Install a small application behind your firewall to encrypt the exported file and send it to EVIDENCE. com, where customized software automatically correlates the correct metadata with the correct videos When officers next log in, their videos will all be automatically tagged with the correct data. When supervisors search for videos, they can be confident that their results are comprehensive. Generally an RMS Integration takes only 4-8 weeks to implement, although this depends on coordination with the agency's IT department. Q. How much does it cost? A. RMS Integration uses a license model, so there is a per -user monthly fee. The total cost for an agency Ml vary based on the number of users uploading AXON videos. Your TASER Sales Rep can provide YOU with an accurate quote and notify you of any current promotions. RMS Integration can be added Eo an agency's current EVIDENCE,com contract ar any time. Q. How do I get started or learn more? A. If you are interested in an EVIDENCE.com RMS Integration for your agency, or just want to learn more, please contact your TASER International Sales Representative or visit TASER.com/rms. (800) 978.2787 1 Ti'kSER.com/rms Page 358 of 733 c 0 +-j ro Qi U m a--+ f6 2 f6 4J 4- 0 a-1 I.- 0 0 0- x LU L Qj 0 LL c 0 4--j Q L u LJ J co co ti 0 m Lf ) co (D 0) M — Q3 U A a--+ L U CII 01 LL u U aj m a--+ f6 2 f6 4J 4- 0 a-1 I.- 0 0 0- x LU L Qj 0 LL c 0 4--j Q L u LJ J co co ti 0 m Lf ) co (D 0) M TASER International Protect Truth 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: Joe Puglia (520) 791-4467 joe.puglia@tucsonaz gov SIII To: Tucson Police Dept- - AZ 270 S. Stone Avenue Tucson, AZ 85701 US Ship To: Joe Puglia Tucson Police Depl. - AZ 270 S. Stone Avenue Tucson, AZ 85701 US TOEMSEiq Quotation Quote: Q-22240-1 Date: 1/9/2015 8:48 AM Quote Expiration: 313112015 Contract Start Date*: 4/20/2015 Contract Term: 5 years SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Laurie Bain Ibain@laser. com Fedex - Ground Net 30 Note this will vary based on the shipment dale of the product. Year One Due 2015 QTA ITEAId DESCRIPTION UNI"1 PRICE, Tidal Before Disconnl Disc (S) NET TOTAL 70 $1097EVIDE'.CE CONI INTEGRATION LICEN+'L I YEAR '_x000 VSD 16,5'difeu USD .1.10o OD LSD I 5000 1'r:lr Onc Dur 2015 "l olnl: Year One Due 201 5No Price: Li S1) lu: S0000 USD l' )FO QCs Year Two Due 2016 QTl ITL•AI N DESCRIPTION UNIT PRICE Tolal Bc rurc Dicrouul DISC (S) NET TOTAL 70 S50v7 '. EVOLNCE COM 1,'v'I'EGR.ATIOb; LICE 'S[ I ) VAR 24000 LSD i,.,a'da€I ¢ al i LSD 4, J,,0 V, USDI 6:u<;uu 1`rar Tr Dur 2016'roud: Vee Two Dur 2016 No Price: IiSD IG 500.00 USD 1f,01 Ni Year Three Due 2017 Q'FY ITE,119 DESCRI PTIO:N UNIT PRICE Twat Beforr, Discuunl DISC(s) NGT TOTAL 4 70 I EVIDENCE COM INTEGRATION LICE^ SI I )TAR 240.01) LSD 16.W',w CSD 4.'0000 L1SD C:600.ou Yenr Three Due 2417 Took: Year Three Due 2017 Ncl Price: USD 1".900 00 UsD 1.60000 Page 1 of 3 Page 360 of 733 Year Four Due 2018 QTY IFE,MN DESCRIPTION UNIT PRICE Tmvl BePnrc Disconnl DIS (S) NET TOTAL 70 23 EVIDENCE CONI INI'f_CR,\TION LICENSE- I YEAR '_4000 USD 16,900-00 USD 4.'_0000 USD 12600 Cil S"e:,r Four Due 1018 TWA: %car Fmir Dur 3015 Ne[ Price: USD PAW0 USD I'bGL 0%rI Year Five Due 2019 QTY ITEM 4 DESCRIPTION 1':5'IT PRICE Tuial Before Disenun� DISC (5) NE -I TUT:AL 70 35007 EVIDENCE COM 1ti l'IaCiR.1TION LICENSE- I YEAR 1464bo USD 16.SOU f)0 USI) ,I._i'f00{+ LSD 1't.1,r)u0 Yenr Five Due M9 Eou l: Year Five Dur]017Ne1 Price: USD 16.30400 USD C,Eamss,a. Page 2 of 3 Eslimaced Shipping & IIandling Cost L'SD I E"r; EVlinlarld Tax USD Page 361 of 733 TASER International Prolect Truth 17800 N 85th St Scottsdale. Arizona 85255 United Slates Phone: (800) 978-2737 Fax Joe Puglia (520) 791-4467 loe.puglia@tucsonaz.gcv 6111 To: Tucson Police Dept. - AZ 270 S. Stone Avenue Tucson, AZ 85701 US Ship To: Joe Puglia Tucson Police Dep(, - AZ 270 S. Slone Avenue Tucson, AZ 85701 us M Ti4ZNLS E F1 Qt.lotatlon Quote: Q-22221-1 Date: 119.2015 125 PM Quote Expiration: 313112015 Contract Start Date': 412012D15 Contract Term: 5 years SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Laurie Bain Ibain@taser.cwm Fedex - Ground Net 30 'Note [his will vary based on the shipmenl dale of (he producl. Year One Due 2015 QlV ITENIR DESCRIPTION UNIT PRICE Total M., Di—um DISC (S) NET TOT.IL 70 .,1:.3 EV ID E NCL. ('0V I UV L IN I ITED 1. lull ASF DEAR I PAYMENT 'M1i)ly USD 65,';x1 iii LSD t?lh', ----.1 .D rc, 5Siko °s�71?,14f CAMERA SYSrEN1. AXON FLEE 5v9oil USD 16.71200 U'Y'Df -NR i'tit3 it 772iD I4 :cc OAKLEY FLAK IAMF-FX KIT, FLEX 3 10 gg USD' o,,, X, L.til) W0, 3 7.85511 EPAGLETTEMOUI7. FLEX LSD 0W PSD o K- U111) (11 rU 730.+1, CONTROLLER- I IOLSTER BEI. I CLIPS, FLEX LSD 0 00 USD is 1K, USD 0.00 7300' CA,\I E RA SYS TE NI. ANO N 9DY5PA I L 3no 00 USD 16.75800 USD 600 USD 16.75900 12 700.6 EVIDENCF.CONI DOCK. AXON SIX ITAI 14=15 r;n VSD 17"-1000 USD Or)n USD 17 'IM OQ 70 SM') TASER ASSURANCE PLAN F.M! EVIDENCE CONI DOCK ANNEAL PA", UNT 3600 ESD 2.52000 USD 0 o0 USO 2.N,o n0 1.111"0 35110 EVIDEiNCC.COM INCLUDED Si-ORAGF. USD 000 USD 000 L1SD000 1 71030 C,\AlFILI SYSTEM. AXONFLEX9PARE ?,+t0 LSD 599.00 US, D91s+ i0 M000 73062 CAMERA SYSTFPL AVON BODS S11-Ul ' 3�,nPcj LSD 799 00 USD 709 e USD 0 00 I SS6Sj PREXIILM PLUS SFRVICF Is.ait,F k USDI LSD X50,1)6? !SD'',;=,a qo Page 1 of 3 Year One Dut 2019 Total: USD 138.Wi. Ii.. Year One Due 2015 NO Pritr: USD I, F,9T',7 y, Page 362 of 733 Year Two Due 2016 Q.n. ITEM II DESCRIPTION U\IT Tnlal W.- DISC ISI NET TOTAL PRICE Discoum PRICE PRICE Discouul 70 S5115 70 S111a EV IDLNCE COm U N mi rED LEC F\'Sr 94800 LiSD 66. wits USD 000 USD 66.300 00 SSOT'I TASER ASSURANCE PLAN FTNfi YEAR'_ PAYMENT 70 S5071) TASER 9SSUR 1NCF PLAN ET\I' 3400 70 85070 T. {SER A55L, RAN( E, PI.. aV ETNF 3600 USD'.5_O 00 DSD COD USD 23'0.00 1. tinf+'l I VIDENC IE (.-OM DUCT: AM11-AL Pl Y\ILM L"5D000 Yeur Five Due 2019 TOL3I: LSD 65.880 00 1.400 85110 PAY%fE\T USDSIEr LSD 4+='g+ DSD O+•=, l lou' Three D++c 2017 To(aI .P+7 SSIIO '.FVIDL\CI".CL'4I+1IvI°Y1gyED 5TlS117.I11f: L'SD000 USI) 000 CCU=i05 V—,T— Dur 2016 Tuud: USD 69.' 901),) 1 rill T.n Duc 2016 Nei Pricy: USD 63.550 CO Year Three Due 2017 QTI ITEM k DESCRIP'r10\ I'VIT Toial ffc%rc DISC. IS) NET TOTAL NEFTOTA1. PRICE Discoum PRICE Dfecmnn Discoun+ 70 S5115 EVIDENCE( -Q-0 I C;NLIMITED L ICkNv t:. 851'_6 00 USD ROO LSD USE, b6J(,0.00 USD 0 LA) YEAR 3 PAYAILNT SSOT'I TASER ASSURANCE PLAN FTNfi YEAR 4 PAYML;NT 70 S5071) TASER 9SSUR 1NCF PLAN ET\I' 3400 L'SD'_.i_rn 110 USDfl Ou USD __i_2000 1ASER IS'iilR 4?ti;'EPLAAFIM If, 6,4 EVIDENCE COU LOf K ANNUA1,. USD000 USD `_5'!P+JCI 1. tinf+'l EN IDEV(E COIL DOCK AN` -sl- AL Pl Y\ILM L"5D000 Yeur Five Due 2019 TOL3I: LSD 65.880 00 1.400 85110 EVIDENCE CONI INCLUDED STORAOIL USDSIEr LSD 4+='g+ DSD O+•=, l lou' Three D++c 2017 To(aI V" D 6S,SSO UO fear Three Duc 2017 \e1 Price: USD (,Mgo 00 Year Four Due 2015 QTY ITEM DESCRIPTION UNIT ToudBcI-oru DISC(5) NEFTOTA1. PRICE Discoum PRI('r Discoun+ EVIDEM'CECOM I\1,.INIfTEDL1C1';5f 94800 LSD66?ou++1 LSD000 70 851'_6 L'5U1 VLL L'OAI LALIMITLD LICEI:SI. -411+4;1 USE, b6J(,0.00 USD 0 LA) USD 6656000 SSOT'I TASER ASSURANCE PLAN FTNfi YEAR 4 PAYML;NT USD'S'0 oo E\1DE.,;(1,. CONI MCK AN'NU'AL 70 1ASER IS'iilR 4?ti;'EPLAAFIM If, 6,4 'USD 7.5'#+i6Fl USD000 USD `_5'!P+JCI 1. tinf+'l EN IDEV(E COIL DOCK AN` -sl- AL LSD 0Oil L"5D000 Yeur Five Due 2019 TOL3I: LSD 65.880 00 l'enr Fice Duc• 2019 Net Pricy. L'SD 66.SSO 01) PAYMEN1 _+ s,I EVIDENCE CONI IN'CLUDEDM)RAU, USD 000 USE)30a Year four Dur 2018 Tmnl: USD h2 45.1 UO 1"car Lm+r Dz c 2019 N'eL Price: USD 6�, kSla i q7 Year Five Due 2019 QT -1 " ITEM 0 DESCRIPTION U\IT Tolol &fore DISC(S) VET TOTAL PRICE Discoum 70 551'7 EVIDEM'CECOM I\1,.INIfTEDL1C1';5f 94800 LSD66?ou++1 LSD000 USD (if) YEAR > PAY\IE-"1•f. 70 SSOT'I TASER ASSURANCE PLAN FTNfi 3i'mi ? USD 2 S'u+USD 0 O USD'S'0 oo E\1DE.,;(1,. CONI MCK AN'NU'AL PA3'NII-:\'T 1. tinf+'l F V IDFV( C M'd 1 A(.LU DED STOR.16F LSD 0Oil L"5D000 Yeur Five Due 2019 TOL3I: LSD 65.880 00 l'enr Fice Duc• 2019 Net Pricy. L'SD 66.SSO 01) Page 2 of 3 Suhlolr+l USD 405.46-:1 Mi Eslimarrd Slipping R II:mdline Cacl USD,4+�=-,"o Eslimmced Taa CSD '�,50027 Page 363 of 733 AXON - AXON 17000 N. 85"' St. Scottsdale, AZ 85255-6311 600.978.2737 Toll Free • 480.991.0791 Fax 0 TASE-=R www.TASERcom • Sales@TASER.com Madel ( Product Description I Agency Price 'Includes several AXON mounts and a Moto G touch mobile ciplal device. Model Product Description Agency Price 73030 AXON flex Camera System (Camera, Controller. Cable straight -to right angle 48" (73023), Coilo cobte straight to riaht angle 1730601_ USE Svnc Cable wl Wall Changer (730041— 5599.00 r " This Is a prcmc4cnal price currently available ror the AXON flex system. f Includes several AXON mounts and a Molo G mobile digilal device. EVIDENCE.com Dock Hardware Model Product Description Agency Price EVIDENCE.com Services Miro+: AXON Law €. lorcemenl Agency Pricing De©a+rmenc 5auesT.uRmmer Sell - V. s.a RO— 0— 12J),2074 Page 1 of 2 Page 364 of 733 AXCDN - - - A:>COM . EVIDENCE. com Services Model Product Description Agency Price 85054 TASER Assurance Plan AXON Ilex annual myr fll $276.00 ea. 85070 _ a TASER Assurance Plan AXON bodywinlall payniw! $204.00 ea. X5079 TASER Assurance Plan EVIDENCE curl v®ock arra i, `sir mint based on the number of camroras urcbasedt 1 $36.00 ea. 85055 Premium Plus Package $15.000 ea. 85056 N.A. Premium Packa a Basic remote support --- $7,500 ea. Free 85014 A La Carte Package —L $2,000.00 ea. day AXON flex Accessories Mod'ai Product Descriptien Agency Price 73004 USB Synch Cable wf Wall Charger � $14.95 ea. 73008 Oakley Cli $19 95 as 73009 CollarNersatilLicap Mount $29.95 ea, 73088 Ratchet CWW/VersatilelCa Mount $29.95 ea. 73062 Ball Cap Mount $29.95 ea. 73010 Low Rider Headband $49.95 ea, 73056 Low Rider Headband, Lara - $54.95 ea. 73006 Controller Holster, flex, Standard Uniform Clip $29-95 ea. 73035 Controller Holster, Ilex, Mini Alii ator Clip $29.95 ea. 73036 Controller Holster, Flex, Belt Clips $29.95 ea. 73011 Epaulette Mount $19.95 aa. 73013 Helmet Mount $19.95 ea. 73090 Helmet Mount. Ratchet Sheer $19.95 ea. 73091 Helmet Mount Rachel, HJC $19.95 ea. 73020 Universal Magnet Clip $7.95 ea. 73021 Multi-Mounbn Kit. Flex Low Rider headband.. Calla, .mount. E aulerte mount Oakley kill 5199.95 ea. 13059 F-73022 Ballistic Vest Mount. Rotatrn Cable. Straight to Right Angle. 18' $19.95 ea $5.95 ea. 73005 Cable. Straight to Right Angle. 36' $5.95 ea. 73023 Cable, Straight to Right Anole. 48' $5.95 ea. 73025 Cable. Straight to Straight, 36' $5.95 ea _ 73026 Cable_ Strai Nt Eo Stra (ilr% 48" $5,95 ea. 73027 Cable. Re hl Angle to Right Angle, 76" $5.95 ea. 73028 Cable, Right. An e, to Right Angle 35-:�' $5.95 ea. 73029 Cable, R! ht Angle to Right An 1�l,. 4,4" $5..95 ea. 73060 Cable. Coiled S"i ht to Right AngA-, 48` 512.95 ea. 73081 TASER CAM— HDIAXON Camera Universal CSlah or w/U.S. and Intemalional Adaptors $14:95 ea_ Freight Pgllcv FreiSrhl is the responsibirily or rhe purchaser. All Orders ane shipped F.O.B. Scottsdale, AZ via Fed -Ex ground and billed es a separate line item on invoice. All taxes, du}res and —lams, where applio le, are the responsrbiMltes of Ila, cnslorner Prlcing Pricing for Law EnlgrcemenVCorrecllonal Agencies Only Mesl be a sworn law —Io,cement officer to purchase. Order Lead Tme a m liweeks Aft O, ALL SALES ARE FINAL. TASER International, Inc_ s Sales Terms and Conditions for Direct Sales to End User Purchasers apply to all sales and are available at It111"z.A vla;v tae2rnwnlsales-terms an¢t-cbnxlitlgns. ";xx'd�'dat�anademark of Oakley, Inc MOlOmla isauaiemark of 4letcrola a��eau r-oa�r he ll.:,. aw•d VEiCRO rx alrademarkvl Velcro lnduslr es a.V AXGIl AXON 96,. WFP. aM arE vad..ma a{Te:'F47 I erMu.lxlt 1 c ��mR++'�! ! H =.� A19=',M earl � R?u TP,S'=R Internauc a< irsc Tina: hell Law F.[ --ria Ag—, Pricing 0."rlmenl: Sal�u%omit Serd� 47X,n10 t2o". Dale: 1 W I20 a Page 2 of 2 Page 365 of 733 3C (D -EAMS" F= FR P R O T E C T L I F E 17800 N. 8511 St Scottsdale, AZ 85255.6311 Toll Free: 800.978.2737 • Fax: 480.991.0791 www.TASER.com • Sales(i .TASER.com X2 Conducted Electrical Weapons Handle Only whhour Power Ma azine. choose ane 22ti02 ',alck X2 C EW Holster. X2. Right Hand, Blackhawkl 61:0:9.95 ea 22003 Ylow X2 CEW Holster. X2. Left Hand. Blackhawk! $1.029.95 ea X2 Power Ma azines Choose ane 22010 Performance Power Magazine (PPIVII $318-25 ea $54.50 ea 22012 1 Tactical Performance Power Magpne sl1@:. {. TPP M) 554.50 ea X2 Power Magazine O tional 22011 Aulomatz Shut -Down Power MagAZine IAPPM) $65,85 ea X2 Holsters 22501 Holster. X2. Right Hand, Blackhawkl $G5.85 ea 22504 Holster. X2. Left Hand. Blackhawk! $65.85 ea Customer Care Extended Warrant 22014 1 4 -year Extended warrant $318-25 ea X2 SmafT— Cartridaes^ X2 Dara ort Download stirs 22013 Kit, Dala ort Download, USE, X2 $164.75 ea HOGUE HANDAL L Grips _ 22018 1 Grip. CEW, Hogue, packaged $15.25 ea "1540.1, 25 -fool, and 354ow X2 cartridges are compatible with TASER"X2 and X30CEws. X3 cartridges (pari numbers 33100, 33101, 33102, 33103, 33104, and 33106) are NOT compatible wilh the X2 CEW. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers apply to ail sales and are available at hLEP:Nwww.taser.c omfsa les -to rms-and -c ondldons. For delivery status or to place an order, call TASER's sales department at 800-978-2737 or fax the order to: 480-991.0791. BLACKHAWK! is a trademark of BLACKHANK! ProdcCIS Group. HANDALL Is a lrademark of Hogue, Ir.,_, and HOGUE is a registered trademark Of Hogue, Inc. Salan, TASLR CAM. X2 and'PruLec[ Lile' are irao I I - sJ'TASEW i=.ewi*Nt 'uafyi. Inc., and TASER. X3. X2 and Design, and are trademarks of TASER Internal€onal, Inc., regkalered m the LISA. Alf rrghis . 62d 1 1A,,Lk IrIe9rwl oral, Inc. nle: TASERVXr—tlgency Pdeing nnd 5n1e: Tnrms and ronalll0e+ pF(1u�v—L S+IesiCuwome. Service 4�r�icn� 1 Ituu5i-lase dale= iv?elAtJ Page 1 of 1 Page 366 of 733 TAM -SEE F1:i�� P R O T E C T L I F E T.4 S F_ R. 17800 N. 851h St. Scottsdale, AZ 85255-6311 Toll Free: 800.978.2737 • Fax: 480.991.0791 www.TASER.com • Sales(a)TASER.com X26P Conducted Electrical Weapons CEW Only without Power Magazine, choose one 11002 1 Black X26P CEW, class III LASER 5899.95 ea 11003 1 Yellow X26P CEW, class Ih LASER $899.95 ea Y�RP Pn,..or Mana.innc /('hone, ,nal 22010 Performance Power Magazine (PPM) $54.50 ea 22012 Taclicai Performance Power Magazine (TPPM) $54 50 ea 11010 1 eXtended Performance Power Magazine (XPPM) $63 50 ea X26P Power Magazine (Optional) 22011 Aulomalic Shui,Down Power Magazine {APPM) $65,85 ea 11015 eXtended Autumetic Shut -Down Power Magazine (XAPPM) $67.85 ea X26P Holsters TASER CAM HD USB download kit 11501 Holster. X26P. Right Hand. Blackhawk! $53.25 ea 11504 Holster, X26P, Left Hand, Blackhawk! $53.25 ea Customer Care Extended Warrant TASER CAM HD Replacement Battery 91004 1 4- ear Extended Warranty 9277.95 ea TASER CAM'"' HO Recorders 26810 TASER CAM HD $530.40 ea 26820 TASER CAM HD with Aulomalic Shu! -Down AS Feature $556.95 ea 26762 TASER CAM HD USB download kit $15.40 ea 26763 TASER CAM HD 4 -Year Extended Warranty $154.45 ea 26764 TASER CAM HD Replacement Battery $52.95 ea Data ori Downfoad Kits 22013 Kit, Dataport Download. USB 5164.75 ea tjf7a4,UE kPaANQALU Q Grip (IFWL Hogue. packaged $15,25 ea X26P Cartridges ' The 15 -foal cartridges are recommended for training, due to their relatively short range. However, these 1 5 -fool carindges are conductive, and must NOT he used against a person wearing a Sim Suit. Title: rrtS R' UW— and l(2&" 19encr Pdcin4 and $ales felmsana Codd'dinns 9e parvoan[SaledGwwmvr Sernce Yeninn. I 0 Aelea[s Dare: Itnrtoln Page 1 of 2 Page 367 of 733 m X26 Power Magazines TASER P R O T E C T L I F E TA S E R 26700 Digital Power Magazine (DPM) $36.80 ea 26701 l nded Digital Power M:acj:,zlne (%DPM) $41,95 en 26702 Controlill Digital Power Mas.axn Ia (CDPM) $57.40 ee 26703 CDPM Stare Up Kit $197.30 ea X26 Hoist ers TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers apply to all sales and are available at htip:llwww.laser.combsales-terms-and-condil ons. For delivery status or to place An order, call TASER's sales department at 800.978-2737 or fax the order to: 480-991-0791. "_ Id -MU[ a9m3a9n1��:3d iR�1��. �. Tnac's-CsiA .:'Sb-n(SiP�f.}yd, +iA. l'3dAll ngnls res¢a=: eeF 3`S r"I(� 4 TASER IrrLalStiB�sal MC Thil 14�M, x10P^ -d Kw"* Aq—,y Pricing d S tas T—, —d C—didr✓ro oegan..me�c Salercunnrnar 5•x+',�;am- ver „n: t.0 aviv�� oaiu ruzrrma Page 2 of 2 Page 368 of 733 2. City's Request for Best and Final Offer Page 369 of 733 December 15, 2014 Maureen Hanrahan TASER International, Inc 17800 N. 85`x' St, Scottsdale, AZ 85255 Email: Maureen Ltaser,com Sent via electronic mail. this day Subject: Request for Proposal No. 11089 Body Worn Cameras — Notice of Intent to Negotiate Dear Nis. Ham-ahan: The City of Tucson has completed the evaluation of submittals received in response to the subject solicitation. Based upon the recommendation of the evaluation committee, the City is inviting Taser International to enter into negotiations. The City has reviewed Taser International proposal and would like to discuss the following points with representatives of Taser International on Friday December 19, 2014 at 2:00 Phi at Tucson Police Department Headquarters, 270 S. Stone Ave. 1. Pricing for cameras and mounting options 2. Storage fees with proposed ideas for limiting amount of cloud based storage 3. Additional Services • Relationship with Intergraph • Warranty and future replacement • Pont of View mounting- universal mounting option release date This Notice of Intent to Negotiate is not an intent to award a contract and does not establish any contractual relationship between Taser International and the City. Its intent is to notify the affected parties that the City will engage in negotiations with Taser International. In the event that the City is not able to negotiate a satisfactory contract with Taser International, the City will formally tenninate negotiations and may enter into subsequent negotiations with the next most qualified frnn. if you should have any questions regarding the item (520) 837-4132 or Gillian.NeedhamCtucsonaz.gov. on Friday the 19'1' of December. Sincerely, Gillian Needham Contract Officer s above, please contact me at I look forward to meeting you Page 370 of 733 3. Taser International's response to RFP #140922 Page 371 of 733 WAIN �Illllivwl TER lnternaflona� 17800 North 851h Street Scottsdale, AZ, 85255 800.,978,2737 October 15,2014 Page 372 of 733 Proposal Evaluation Requirements............................................................................................................3 A. Method of Approach.................................................................................................................................3 B. Qualifications and Experience.............................................................................................................17 C. Price Proposal............................................................................................................................................22 Axon flex and evidence.com Introductions and Summary............................................................27 Proposer's Capabilities................................................................................................................................32 Your TASER Account Manager/ Point of Contact................................................33 AXON flex Features, Benefits, and Added Value................................................................................35 EVIDENCE.com - Simple, Turn -Key Cloud Software with Scalability...........................................39 Video Management Backend System....................................................................................................40 EVIDENCE.com: Advanced Features.......................................................................................................50 Attachments Appendix A - Sample Reports Appendix B - Business and Development Plan Completed RFP Pages, forms and signatures ............................... Attachment 1 TASER flex and EVIDENCE.com Quote Q-18016-1 .......................... Attachment 2 TASERs Exceptions/Deviations................................................ Attachment 3 Project Plan........................................................................ Attachment 4 Sample Retention Guide ...................................................... Attachment 5 TASER Sales Terms and Conditions ........................................... Attachment 6 AXON TAP Sales Terms and Conditions ..................................... Attachment 7 TASER Warranty Documents .................................................. Attachment 8 AXON Pricing.................................................................... Attachment 9 AXON flex Specification Sheets ............................................... Attachment 10 Master Services Agreement .................................................. Attachment 11 Professional Services Agreement ............................................ Attachment 12 Confidential References -In marked envelope in binders and separate CD in Original Binder HE= ear sf_)n PD12 Page 373 of 733 AXCDN PROPOSAL EVALUATION CRITERIA— (listed in relative order of importance) A. Method of Approach B. Qualifications & Experience C. Price Proposal II. REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at a minimum, the following: A., METHOD OF APPROACH 1. What is the name and current version of the product(s) being proposed (camera, hardware, and software)? AXON flex is a breakthrough point -of -view video systern. Officers can mount AXON flex on their eyewear, ball cap, collar, helmet, parulett(-�, and body o other officer -worn camera solution ori the market today offers more m oming options than the AXON flex, including seamless integration with Oakley Flak Jacket ballistic eyewear. AXON flex video paired. with E 'IDENCE.com" services provides agencies with a simple to use, end- to-end solution to manage their data. EVI EN E.corn sirnplifes digital evidence marnagernernt with irtnmed'iate and secure access to your ag ncyss data via cloud technology. Our Evidernce.com Dock will increase officer productivity and efficiency The officers can dock their" cameras after their shifts and it will autorrnatically upload to the cloud and recharge the battery. 2. How long has each product component/product suite being proposed been on the market and in production status? EIVIDENCE.com has been available since 2009 when TASER released AXON faro. TA ER AX (key, avid o s ries ;iave ear°) pm4ucedand v iiable since -7.G12. 3. What are your plans for future releases product and software? When TA ER releases updates on the AXON, the, devices automatically upgrade to the newest Firrrnwar°e when they are docked into the Evidence.com Brack after an officer's shift, This requires no extra effort by the Agency:: VIDENCE.com software upgrades are handled in a similar way,, TASER will release a software update to EVIIDEN'CE,corn during a period of love traffic usage, The next tirrne an officer logs on to EVI ENCE.com, the update will be in place.. A detailed ernail is sent to system administrators when new releases,, updates or upgrades are made. Page 374 of 733 4. Provide a comprehensive list with descriptions and pricing of all supplemental equipment. Please find attached, in the tabbed, section of your binder, Dur 2014 Law Enforcement Agency Pricing — AXON Systems, (FOB Destination) for our hardware, software options and accessory pricing. 5. Provide the City your proposed method of evidence storage. The Police department is open to any method evidence storage. Provide a detailed pricing list Of 211 components required for storage (hardware costs, rates for cloud storage, etc.) E: II: provides to law enforcement a robust solution, for organizing, classifying, rnariaging, viewing, and archiving digital evidence, whether that d irg Ita I evidence be AXON videas, still images captured by digital cameras, or even PDF documents of interrogation transcripts. TA ER's hosted sol�ution is industry -standard secure, and it implernents all the proper measures to protect chain of custody, Please find attached at the end of the proposal, our 2014 Law Enforcement Agency Pricing, - AXON Systems(F-08 Destination) for our hardware, software options and accessory pricing. 6. Briefly list a three year history of software releases for the product being proposed (include dates, versions, and major enhancements for each release). Listed below is a sample set our EVIDE NCE.corn release notes of enhancements or new features. Full release notes and details are posted under the 'Hel p' -section when you sign on to your EvIdence.com account. When TASER releases updates on the AXON, the devices automatically upgrade to the, newest firmware when they are docked into the E-vidence.com Dock afteran officer's shift, This requires no extra effort by the Agency. EVIDENCE.comi software upgrades are handled in a similar way. TA ER will, release a :software update to EVIDEM CE.com during a period of low traffic usage. The next time an, officer logs on to EVIDENCE.com, the update wilill be in place. 1,17 Release Notes Bulk Download Users with the Download permission enabled can nowdownload multiple pieces of evidence at one time. After clicking download with multiple files selected, the user will receive an email with a download link to a single zip file containing all of their requested evidence. Admins are able to expire passwords for all users in the agency This feature stemmed from the Open SSL heartbleed bug and will allow an admin to Effectively force agency ---wide password resets. im= TU c Son D14 Page 375 of 733 ItI aEj'2L1 R tf -ase D Oe'tc rlr'?. 2013 1.1 External Sharing From this release onwards, agency administrators (or users in any role with external sharing permissions) can share evidence with users belonging to other agencies as well as external stakeholders with an email address, such as the district attorney (DA). 1.2 Redaction Users with EVIDENCE.com Pro licenses will now have the ability to redact and edit uploaded video files. Note, Tlie ari€;ir°;al file r'u.mair!s unalrered and of cessible P, its o6 inal foriv, usir-io the farri l ar Jcie *hoard Blitz". Tlie redacted File is ave,0a,l31e for da+r v0oad ir, the Ckps section Re Iea5eg i t1,5 1.1 Device Bulk Assignment From this release onwards, agency administrators can assign devices to multiple users in their agency in a single step. NoteY prig to this release, agency adminIsIratars could onlV assign; devices to one. user at a time. 1.2 Ability to Disable Pre -Event Buffering Agency administrators can now disable the Pre -Event Buffering option for their agency's AXON Flex devices from the TASER Video Settings page. 1.5 Restricted Category Access If a piece of evidence contains highly sensitive material, agency administrators can implement the 'Restricted Category Access' feature in order to lock down that evidence from all users (including the evidence owner and administrators) except those belonging to one particular role. Evidence which is assigned to 'Restricted Category' cannot be viewed by a user whose role does not have the Evidence Management 'Restricted Category Access' permission set to 'Allowed.' In addition, that role should also have the Evidence Management 'View' permission set to 'Any Evidence'. Note: Regular evidence loermissions stili apply, To view evidence not assigned to therm, users gust have the 'Any Evidence' permission enabled., it,,Or a,. , 'G,G14 r 0, 33 f"wup,R 2z 12 1.1 Search Permissions The Search Access permissions are displayed on the Roles and Permissions page. Agency administrators can allow or prohibit User, Evidence, Device, and Case Search results to display for a specifc role. This release inc€udes the foitawiiig enhancetnentst • LliSls�ti J.fi�t trieeq _%'hi?i�"z„',74�'mi • 'u 'upd,ain hat Btu. AcL”"s • 1322aTiilOupud riele Ceniild( • A" �:fPiej.f �+��'S�7{jam: i t i- my _ j"f }nom I r 15 Page 376 of 733 A>CCD N eireq5e: 1 1 NEW FEATURES This release includes the following new features: Dual Factor Authenticalion for Critical Actions System Alerts AXON flex Video Title 1.1 Dual Factor Authentication for Critical Actions Users and administrators will be prompted to answer their security questions when they attempt any of the following actions: • Deleting evidence • Assigning evidence to a category with a lower retention policy • Deleting a case • Assigning a case to a category with a lower retention policy • Changing a category retention policy • Deactivating a user • Changing a user's role • Changing a role's permission • Adding or deleting IP addresses or IP address ranges • Disabling IP restrictions • Disabling Dual Factor Authentication • Enabling or disabling any of the Security Settings • Creating categories Once the users have answered the questions, the authentication will not be required for the next 60 minutes on trying any of the above actions. JJose, 1-1.2 Re�rase Mi'arch &, 20 12 1 NEW FEATURES This release includes the following new features: Support for the AXON Flex system Display of User initiated Evidence Deletions (manual) an .Administrator Dashbaard Case player ;ase SezTch Gpfw Dual Factor Authentica.ion Settling 1.1 Support for the AXON Flex System The videos recorded on AXON Flex' system can now be uploaded to the device owner's EVIDENCE.com account by using Evidence SYNC' software version 1.30.2307 and later. 7. Describe any umbrella portal entrance into the various modules. E'VIDEN E c.om I s the umbrella portal upon whidi otl6er applications wuld bo i niteg, rated, TASER can work with the agency to t7rovid'e prig-ing and a plan for integrations if i'equest d. HE= uL..3 s F'Ii16 Page 377 of 733 F-1 There was no requirermcnt listed in Ur8, 9. Provide a list of any additional software required. The software is included in the purchase price: of the EVIDENCE.corn licenses,. 10- Provide software and licensing requirements to be included as part of this project. The software is included in the purchase price of the E'IDE NCE,com licenses. 11. Provide the camera storage capacity. TASER AXON cameras have up to 12 hours recording tirne. 12. Provide the capacity of the camera memory. TAE R AXON cameras have afull 8G8 of memory. 13. Provide the process to get the audio/video from the camera/laptop to the server. Is the process automated? Yes, when using EVIDENCE.com and the, EVIDENCE.com Dock., TASER's recommended workflow uses an, E'If ENC.Ecom dock, The dock allows an, officer to dock the AXON camera and controllers in one pIacfzi.,A.s soon as the AXON camera is docked, videos on the camera automatically, begi n to, download.. The officer simply places the camera into, the docks,. Not only does the dock al.low, for easy, download, but: it: alsG charges the devices and if need be, upgrades the firmware versions without the need for a computer, If yes, can it be set up to be automated with DIMS? Bellow is an example of a possible integration plan. YourTASER Sales rep can work with the C ity/a g en cy to discuss the poss 1, b i 111 i, H es, potential additional costs, etc. On P,emswinza(videv 51—ge dE k P-11111R.,�1 lw$ A -0p, W No= T u, c s o r; P D 17 Page 378 of 733 F2 406MV f lea;idc 14. Provide the minimum required memory (RAM). TA ER is proposing our hosted solution EVIDENCE,com an industry -standard secure, solution, so RAM is not needed. 15. Provide the minimum required processor speed. TASER is proposing our hosted, solution EVIDENCEcom an iridus-try-standard secure, solation so processor speed is not neces:5ary. 16. Provide the recommended network connection for audio/video upload. The City of Tucson only needs power and an internot connection (LAN) in order to operate TA ER's entire proposed system, 17. Provide the minimum network speed. This is dependent ort the available bandwidth. AN cameras are configured with three quality settings, each having a, varying bit -rate. 540 megabytes per hour at the low quality setting, 8,110, rinega,bytes per hour at the medium quality setting, and 1800 megabytes per hour at the high quality setting. The medium quality setting is the most commonly used setting. if uptoadi,ng an hour of rnedJum q ual 1 ty video: 2 M b 11/s 54 Minuet s 5 Mbit/s - 22 Minutes Our Professlonal Service person can do an on-site review of your network to make sure it is capable of supportiing AXON and EVIDENCE.com 18. In terms of the overall system design, describe the aspects of control and auditing. The system should not preclude, by way of its own design, the assessment of control aspects, compliance, electronic evidence, vulnerability, and data reliability. EVIDENCE,com provides a number of unique, pivotal features that facilitates evidence management and coordination. To begin with, account administrators can customlze the roles, and authorization levels of each member, of the agency's account both to preserve chain of custody, and to clarify what each user is permitted to do, AXON provides compelling audio and video of an event as well as the 30 seconds of video prior to t�he event. AXON incorporates audio and video recording which can be used in a prosecution to dernonstrate the events of an incident -from the officer's perspective, in many cases, the presence of compelling video increases, the amount of offenders who are "brought to justice." AXON increases the likelihood' of successful prosecution by providing the prosecution team with evidence from the officer's Point of View (POS'). 11 � £:! C � C, r -A P 18 Page 379 of 733 The AXON captures video as soon as an officer ctouble-clicks the EVENT button. All video and any accompanying information are salved on the AXON until the officer docks the AXON into the EVIDENCE.com Dock.At that point, the device begins to charge, and the files begin theirsecure upload toEVIDEINCE.com. TASER's complete on -officer video and evidence management systerns safeguard against a break in the chain of custody. EVIDENCE.,com automatical1l'y logs a detailed Evidence Audit Trail of anything that happens to that video, or 45 metadata.,The log can be used to determine a chain of ,custody that surpasses chain of custody regulations, EVIDENCE.corn logs an Audit Trail For every piece of digital evidence. Below is an example of an Audit, Trail on a single piece of video evidence. 19. Describe the standard training package included with the purchase of the client management software. TAR International is offering our Premium Plus Profess,icnaf Services, at a 50% savings, See below for the SerViCeS 2nd training that will be provided, to Tucson PD. Cyt-rikan Phis Esa S rh�mz'ulliilt 7i eA" Page 380 of 733 20. Provide all standard reports as Appendix A. Please see Appendix A attached in the tabbed section of your binder. 21. Provide a detailed description of your training concept and materials? The entire system can beimplemented the day it arrives.. The system is designed to be a simple, intuitive, out-of-the-box experience, The systern is designed to be an intuitive"out of the box" experience. Product manuals and Quick. -Start Guides are included with the hardware, and video tutorials and FAQs are available on TAE ,corgi.... However, if the departmentrequests on-site training and support, it can be, arranged. TA ER MI be happy to work with the agency to construct a schedule, if necessary, TA ER International can thoroughly train users to use AXON body and EVIDENCE.com, Our Professional Services team focuses entirely on training an -site and off-site. We can train everyonefrom front lineofficers, adminsw,ho run thesystern, supervisors and; even District Attorneys. We have a training department who has successfully trained thousands of TA ER Instructors and Master lnstrucmr5, Several of our employees are retired Law Enforcement Officers who know exactly how important training is to an agency's missfor). 11' additional training is; requested by Tucson PD your account representative will work with you and your agency to determine, additional needs, tiring and pricing, Users are ,rained on theoperational and logistics of the camera systerns and how to use and navigate EVIDENCE.com, how the docking station works. In-person, end'! user training takes approximately 90 minutes Actninistrators wrill receive additional training, an how to use and easily manage Evidence,com. Administrator training generally lasts 60 minutes. Administrators should attend alp of the training sessions. that are decided upon. We also offer a Train -The Trainer, session(s). We teach your trainer's how to use the cameras and systems and they can then train any end users. Centralized training can also be done easily and efficiently. is= T u! c s o P D I 10 Page 381 of 733 92�fm rha>C I 22. Identify the technical support and assistance that will include, but not be limited to, the following: devices worn by police personnel, dccking/charging stations, networking equipment, WAN/LAN connectivity, system software, system upgrades and video retrieval software and procedures. Provide days and hours that support is available? TA ER has a full rustorner support division, Customer service is available 2417 via 11and live phone support Monday -Friday, 7�OOAM - 5,OOPM MST. For techni'call ema0 or Customer Service assistance please contact 800,-978-2737 or customerservice2taser.cpm. Updates When TASER releases updates on the AXON flex, the devices automatically upgrade to the newest firmware when they are docked into the EVIDENCE.com Dock after an officer's shift. This requires no extra effort by the City ofTuc5on. EVIDENCEcom software upgrades are handled in a similar way. TR will release a software, update to EVIDENCE.com during a, period of low traffic usage.'The next time a n officer logs an to EVIDENCE.corn, the update will be In place. E Provide methods of support contact? (email, telephone, real time online, etc) The following describes our levels of support ava4able in priority of tiers: Tier I Technical Support (2417): N General how-to questions Frequently asked, questions, (FAQs) Product navigation Feature clarification Standard queries Assistance with 'known solutions Tier 2 Technical Support (M -F 7OOAM - 5.0,OPM MST): Product trouble shooting Configuratlon Analytics Tier 3 Technical Support: Critical problem or recurring problems rendering, the product inoperable or requirfrig workarounds, bug Fries, testing and/or simulation Provide average support call back time? Tom lLfncks, Account Manager Tom will be your dedicated Account. Manager and a supplemental point of contact within TASER headqua rters. His job is to enisu re a good standing health for your agency's AXON and EVIDENCE.com program by utilizing consistent communication, virtual No= Tu cson PD ill Page 382 of 733 ^:>c 0 r*4 support, and providing the necessary resources needed to make sure you are set up for success. He can be reached at 602-770-0689. Provide average problem resolution time? Immediately, if the problem Is reported during Regular Business Hours. There are varying degrees of problems and resolution times. Depending on the pro Dern, response finies can vary from immediate response to op to 72 hour's or possibly longer, Your dedicated account manager, Tom Links, will work with the City and/or PD to get the fastest possible response ome. 23. The City desires an aggressive implementation schedule. Please provide your proposed implementation schedule (starting from date of contract award), state the assumptions that are implicit in your Implementation timetable (City resources, your resources, third parties, etc.), and list the effect(s) of those assumptions not being met. Please see T comprehensive Project Peart attached to the end of this proposal; for full deta�ls and implerrieritation schedule. 24. The City will perform overall project management. Describe what provisions you will make to provide a project manager for your staff who will support overall project objectives and work effectively with the City project manager and staff. _ TASIER Professional Service Of fering,5 What makes a great product better? How about a company that offers world class service standing behind it. TASER International Is a company well known for Its world class customer service -and it just got better! TASER International now offers Professional Services to faclilitate planning and implementation of TASER solutions, With the help of TASER Professional Services you cananticipate efficient and successful deploymentof your solution. TASER Professional Services consists of a group of highly skilled individuals with in- depth knowledge, of all rASIER products. Premium Professional, Services packages include a dedicated Project Manager who creates a custom project plan to fit your agency needs. You also receive onsite systern configuration and setup along with onsite go -live training and support, There are other benefits with TASER Professional Services, such as subject matter experts who consult on best practices for setup-. configuration, policy and overall program performance. Agency program success is THREE TIMES greater where Professional Services has rendered ansite support, than where we have not! Addit[onal, packages and services are available, including CAD/RMS Integrations and Network or Application Security Assessmen-ts, custom-designed to analyze your agency's information security posture. 25. Please attach 2 high-level project schedule, with milestones from each implementation phase. Please see, our Project Plan attached in the tabbed section of your binder. No= o n I' I. L) 112 Page 383 of 733 26. Describe your approach to project communication, the strategy, the calendar, and responsible parties. Our, professional Services tearn fac uses, entirely on training, on-site, and off-site and will workwith the City of Tucson to plan and impliannent the tralning. We train end -users, and we have a train[ng departmentwho havesuccessfuIly trained thousands of'TASER Instructors and Master Instructors. Several of our ernployees are retired Law Enforcement Of who now exactly how important training is to an agency's mission. The Project Plan provides you, with the estimated timeline nee led to. implement your re'qUe'St and prograrn. Once, a PO is received, your account and project managers will work with you to de,terrnine a specific plan based on the needs of the City of Tucson. Listed below are our Imple-mentation best practices and a sample category and retention guide that will help to insure that your program is, well thought out, and runs smoothly from the start. 1. Identify 'out -Key Stakeholders Although it rnay be argued that just about everyone in your agency and community, are poxenlial,'Staehol!ders, $efs lodes on IdentifyIng typical trey functions that should have direct, part[clipaition in the ' plan n! ng Of Your program: Internally, these, positions may be dependent on agency size, workflows and areas of responsibility. Field personnel who will) wear and use, AXON are among the first and most critical. Sur-cessful program 5 pre -identify users, who will champion the technology and assist with orienting Others to its benefits. Typically, those assigned to training bureaus oras Fi el d Training Officers rnz ke mood candidates. Respon-sibi lity for dissemination of digital evidence to State or County Prosecutors and City Attorneys, if not with indivIdual Officers, may rest with Evidence 'Technicians, Property Custodians or Supervisors. If this is the case, you will want to iincludewhi,chever segments of that group will be expected to play a role. Responsibility for policy decision ultimately falls to the agency head, but typically includes me fibers of the command staff and other agency leadership. A1111 involved should be included. Externally, consider including members of your Pro,secutor's/Cl,ty-County Attorneys or other legal representation entity., Some agencies have also Included their local Defense ty in some part of the planning process. community I Whether internal or external, information Technology personnel should be included early in your planning process, They will) play a key role in, helping you determine if any pre -deployment ll" infrastructure work twill be required and will be a better resource for your program if, included in its development, "F u c s c n P D i13 Page 384 of 733 2. Make Some Decisions anti Draft Your Policy Some decisions need to be made pre -deployment so that your Users will have m least a draft policy to, abide and be guided -by. Some of the security and password options may al,ready be covered In your City, County, State law, Agency IT or DigitalEvidence Policy, but some are unique to AXON. Roles and Permissions in EVIDENCEcom , may follow the default settings but most likely should be customized to your agency's needs. A, key workflow consIderation Involves the process for adding metadata (case number, category, title) to each event an officer or deputy captures, Gearly, the best work -flow Is to incorporate a smartphone or smart device that can be carred by the, officer and leverages today's- mobile technology. If smartphones aren't: within budgetary' reach, smart devices, such, as, the Samsung Player or Apple !Pod Touch provide mobRe fonctional[ty without the need for monthly subscription. The next -best workflow can be accomplished using in -car mobile data computers and EVIDENCE 5YNC to view videos and add, metaclata. A downside to this process is the need to power down the. AXON device and make, a physical connection to the computer each time viewing or adding metaclat-a. The least efficient process for adding metadata is to have officers do Sol using station or mobile data computers following upload to EVIDENCE.com, typically on their next work -shift. KqyKale_ &Pqrm1ssions uestiQns & Will User -Officers, be allowed to view only their own evidence, or that of others? B. Will User -Officers, be allowed to download their evidence? C. Will User -Officers be allowed to share their evidence? D, Will FLEX Hea&Only wear be mandated? Of so, consider also allowing collar or other mounting options for breaks or relief periods) Each of these questions will directly relate to Role, and Permission settings m your EVIDENCE.Com account. Cat g� �ojancl Retention One of the most crucial roles of EVIDENCEcom Is the proper management al"all types of cligI[tal evidence. For proper management, create a set of agency -specific Categories that is large, enough to properly segregate evidence, by type for retention -setting and search functionality, but not so large that it becomes an impediment to efficient field use by the Users. Agencies are encouraged to consult State, Retention Schedules-, City/County or, State Attorneys or other legal counsel for guidance on proper retention setting. U n� _41,eg.orized Evidence Under the default settings, uncategorized evidence is retained until manually deleted. If you plan to mandate and' vigorously enforce the addition of metadata, this setting ShOUld work well. The default setting wilill prevent inadvertent deletion of important evidence, but could also create unnecessarily -retained events if metadata compliance is not very high. If however, you are concerned about the arnount of time required to, 'tag' every event captured, or you want to keep unnecessary retention to an absolute minimum, you can set a deletion period for evidence which has not been categorized. - W= Fuc-.c;n PD 114 Page 385 of 733 .Zk:)< (D r%i Some agencies with large traffic or motor, units have chosen this option so, that, brief warning contacts do not require any further action by officers. Give this settIng careful I staff consideration before making your choice. a aply Agencies can create a unique role for those who will have sole access to highly sensitive event recordings. Typically this rolewil;[ be reserved for the agency head, executive of command staff or profeSSIonal standards/internal affairs staff. if you choose to create a restricted category, consider the workflow instruction for who will be responsible and when your field 5upervi5ory staff will be required to Categorize evidence as "Restricted". install, Configure, and Test Your System Upload to EVIDENCE,.corn with the Evidence Transfer Manager (ETM --Docks) is designed to be seamless and very efficient. Part of the planning and presaleprocess will be to identify your agency's, bandwidth requirements and ensure your internet connectivity will support peak needs., T: ER Pre -Sales and Professional Services staff can help you, estimate and address this. 4. Train the First Wave An initial, l[mited number of Key Users,, Armorer(s) and ystern Administrator(s) should be, trained. The size of this contingent depends on agency size or size of the planned full deployment. These officers will serve a number cif roles, including final confirmation of system functionality and performance, They will likely provide useful feedback on any localized issues that had not been previously identified. They will provide a, demonstration acrd information platform for their co-worker/future User Officers. They typically become a resource when newer Users are activated and require training or ass stance. S. Start Srayl, Test, Assess, Correct, and then Go, Big Deploy the Key Users. Make sure the way, you've configured your sys-ten) integrates smoothly into your workflow. Assess; readiness based, on evaluation and feedback and make any necessary adjustments. Once you've taken: these steps you're ready to, schedule the rest of your User training and full deployment 'go -live". 6, Don't Forget the Media Your choice to deDlOy On -Officer video is a matter of community interest. Local Media typically take interest in new programs and . Can give yours, a boost with positive, well- informed reporting. Don't leave the details for members of the media to go out and find. They may find those, details from an agency that has planned their program, less carefully, or with a less capable, product line. 7, Get Creative, Get Efficient Agencies have, used AXON and EVIDENCEcom to [improve on efficiencies and minirne Office rs' V rne spent, on report writing. Aside from minimizing time and resources spent on frivolous or malicious citizen complaints, on -officer video can be used to document routine events, low priority or 'cold' crimes oT other administrative or 'service -only, T _i say P D 5 Page 386 of 733 'Ak DOC (D r**j activities. Officers may be trained to narrate minor investigations while they are recording with, AXON, They may be allowed to document Victim, wfitness or suspect statements duringcertain, types ofinvestigations. AXON recordings can, be used to enhance neer-officer or in-service training. Many training academies and Field Training Programs have,, improved on the quahty, of training provided and reduced the time required waiting foropportunifies to encounter certain high-risk/low-frequency events. 8. Maximize the, Power of EVIDENCE -Com EVIDENCE.com was designed from, the ground up as a total digital evidence management solution. Digital photos, audio, in -car, interview roort-1, security and surveillance video can all,be ingested for efficient and proper digital evidence managernent and storage. Less expensive archival storage is also available for exceptionally large or long-term digital evidence types. T D!16 Page 387 of 733 ,Oek >C (D F"*j Please provide a list of all government (or comparable) installations, within the last three years, in metro areas over 250,000 in population, with contact names, positions, e-mail addresses, and telephone numbers. TASER linterriational has literally hundreds of contracts/agreements, with large agencies, Our current customer projects require a level of confidentiality therefore, we can't provide sp�clffic information, however several of the agencies who have agreed to be contacted are Listed on, the" onf dential^ ireference sheet. It Is in the front of your binder in an envelope marked "Confidential References'. The "Or4nal' Wrider also has a separate CD that is marked as well. Nz= 1 u c s 0 n P ID 117 Page 388 of 733 AXON 2. Name, corporate address, and number of years in business under current company organization. TASER Corporate Information Credentials TASER provides body -worn cameras to Law Enforcement, and has been providing these services for 8 years. TASER uses customer input to continuously improve our products. Our products have a laser -like focus on the law enforcement market. Background and Organizational History TASER International was founded in September 1993 and has remained committed to providing solutions which Protect Life and Protect Truth. In May 2001, the company became publicly traded on the NASDAQ stock exchange (TASR). Since that time, TASER has launched several new products, such as X26 CEW (2003), TASER CAM (2006), X3 CEW (2009), AXON PRO (2009), EVIDENCE.com (2009), X2 CEW (2011), AXON flex (2012), and AXON body and X26P CEW (2013). Years in Business: 21 years Performing like Services: 8 years Location of HQ and Other Offices: TASER HQ TASER Washington 17800 N. 85t1 Street 506 2nd Ave Floor 14 Scottsdale, AZ, 85255 Seattle, WA 98104 Number of Employees: 400+ Client Base: TASER's Client Base is primarily the Law Enforcement market, and has been since TASER's inception in 1993. Type of Business: Corporation 4u c; c!, F.D118 Page 389 of 733 F�Mmrhs,)Icl 3. Type and number of employees committed tothe product and support being proposed. In addition to your dedicated sales representative, account manager, customer service team and professional services tearn, TASERs R & D Departments is in Scott.sclale, AZ. We also have an office in Seattle, WA where many of our developers are (located, Bath teams work in tandem and spend approximately 50°`�'�" of its manpower on our camera and EVIDEN E,c.om platforms. Please provide, as Appendix B, a description of business and development plans for all product and support services proposed in connection with this submission. As a publicly traded company we can't provide guidance. We can share our investor relations 02 presentation that is in the tabbed section of your binder, Q3 will be released in rn d•November, Tease contact us for a lick to the most recent release. 5. Briefly describe your own project management methodology. TASER's AXON flex and EVIDENCE.com solution offers many advanced capabilities, however the most successfuul programs are those that are well-planned, and include as many stakeholders as possible before fully deploying, "our program can be as transformative, ambltious, and creative as you wish. Ude, have found that deliberately phased program components tend to have the most success, as they ailow for agency or regionally -specific decision points to .emerge and be addressed as the program rolls out. Qur Project Pian (,included in the tabbed section of your birder) can be rnod'ified to meet the needs of the City of Tucson,.. TASER International will be the prime contractor with no subcontractors or partners. TASER uses several testing platforms to ensure we hire qualified and proficient technical personnel, including a Predictive Index (PI) test, salesmanship test, as well as a rigorous interview process and assignments prior to being offered a position. TASER's interview process is several days long, and usually requires more than two trips to TASER HQ for day -long interviews, including one-on-one interviews and group interviews. Any technical personnel are interviewed by other technical personnel and are required to showcase their skills in a pre-employment assignment. We also check references and require a portfolio for technical personnel. Laurie Bain: VEST Regional Sales Manager Laurie is your regional sales manager. Laurie and the team will work with Tucson PD to provide professional recommendations and resources throughout all phases of the sale from initial evaluation to implementation. Laurie has been employed by TASER since 2013, working with many Law Enforcement customers on multiple products and services since. i u C. s0 n P[)I19 Page 390 of 733 AXCD N J.R. Miller: Director of Customer Service and Account Management J.R. oversees the customer service department and Account managers at TASER, including live phone support and Account Management. Although J.R has only been with TASER for a few months, he has a 16 -year track record of success and achievement in the field of IT sales and services. Joe Fiumara: Director of Professional Services Joe is a retired police captain who has overseen successful deployments of AXON on -officer video and Evidence.Com in his previous role, and since joining TASER International, where he has overseen implementations at over 30 agencies ranging from 10 over 1000 sworn. Joe was an early advocate and adopter of on -officer video and a frequent contributor to model policy and best practice developments. He holds a B.S. in Criminal Justice from Kennedy Western University and is a graduate of FBI National Academy 2301h session. Tom Lincks: Account Manager Tom will be your dedicated Account Manager and a supplemental point of contact within TASER headquarters. His job is to ensure a good standing health for your agency's AXON and EVIDENCE.com program by utilizing consistent communication, virtual support, and providing the necessary resources needed to make sure you are set up for success. Tom Graduated from Arizona State University with a Degree in Business with a concentration in Sustainability. Tom has been with TASER for over 2 years, starting out in our Training department and then moving on to be the Account Manager for the Western region. He is based out of TASER HQ in Scottsdale, AZ. Uri Halioua: Pre -sales System Engineer Uri is a Subject Matter Expert (SME) on on -body video, digital evidence capture devices, and TASER's AXON flex and body On -Officer video capture devices as well as EVIDENCE.com and other forms of digital evidence management. He conducts customer site assessments, including network, electrical, and physical assessments. He also provides pre -sales engineering providing support to both the domestic and international sales teams. Billy Doss: Field Services Manager Billy has a diverse product and services background with TASER International. He is responsible for coordinating onsite systems configuration and deployment, and has overseen numerous successful domestic and international program launches. Billy has been with TASER since 2007 and is based out TASER HQ in Scottsdale AZ. Doug Dirren: Professional Services Manager Doug began his career as a police officer in 1981 with the Scottsdale, AZ Police Department. He also taught law enforcement and military personnel in the US as a TASER Senior Master Instructor until he concluded his 30 year career in law enforcement. In 2011 Doug began working at TASER where he taught instructor, Technician and Evidence Collection courses domestically and internationally. In 2012 he became a Regional Sales Rep where he managed all sales of TASER weapons to law enforcement and professional security in eight states. 5 n F' 20 Page 391 of 733 .o.xCDN Recently, Doug transferred to the position of Professional Services Manager where he works with agencies to set up AXON Camera and Evidence.com programs, analyzes digital evidence workflows and provides support of their current weapon programs. With a Bachelor of Science degree in Public Administration, Doug resides in Scottsdale. All of these individuals, and others, work together to be an unbeatable team when it comes to the implementation of TASER AXON products and EVIDENCE.com including the day to day service and support expected by the Tucson PD. Our Professional Services team focuses entirely on training on-site and off-site and will work with the Tucson PD to plan and implement the training. We train end users, and we have a training department who have successfully trained thousands of TASER Instructors and Master Instructors. Several of our employees are retired Law Enforcement Officers who know exactly how important training is to an agency's mission. Tucsoif, !--'D 121 Page 392 of 733 1. Provide price proposal as requested on the Price Page attached herein. 2. As stated in the Instructions to Offerors, 7. Discounts, the price(s) herein can be discounted by 0%, if payment is made within Net 30 days. These payment terms shall apply to all purchases and to all payment methods. 3. Cooperative Purchasing Program: Will your firm provide the City of Tucson, as the lead agency on this regional contract, a rebate in the form of a percentage of sales based upon the other agencies sales? Yes X No If yes, state proposed percentage: % 4. Will payment be accepted via commercial credit card? X Yes No a. If yes, can commercial payment(s) be made online? Yes X No b. Will a third party be processing the commercial credit card payment(s)? _Yes X No G. If yes, indicate the flat fee per transaction $ NIA (as allowable, per Section 5.2.E of Visa Operating Regulations) d. If "no" to above, will consideration be given to accept the card? NIA Yes No 5. Does your firm have a City of Tucson Business License? _Yes X No If yes, please provide a copy of your City of Tucson Business license. Our legal department applied for a, City of Tucson Business License but were told it was not needed. Reason listedelo a.. According to the information provided, TASER International, Inc. does not need a Tucson business license due to Scottsdale taxing jurisdiction. If TASER International, Inc. opens any physical locations in Tucson or closes the Scottsdale location, a new determination would be required. Is= T u exon Pl1122 Page 393 of 733 Ax (D N PRICE PAGE TASER Quote # Q-1801 6-1 also attached in the tabbed section of your binder. If the Tucson PD purchases Ultimate EVIDENCE.com licenses for their officers, this includes 3% of the purchased amount in spare equipment. TASER's quote reflects this policy. We will provide a 3% surplus of AXON devices marked "SPARE" for free. This quote +free spares means that the Tucson PD will always have a fully operational device ready as a backup. TAP :gra rqg-ran Purchasing Ultimate EVIDENCE.com licenses is the best value for the Tucson PD. Ultimate EVIDENCE.com Licenses: Full functionality of EVIDENCE.com, including sharing, video clips and markers, video redaction, full AXON Camera Warranty, Automatic AXON Camera Upgrades at year 3, and 20 GB of storage per year included. Ultimate licenses come with a "no questions asked" complete warranty, on-site spare devices, and a replacement camera at year 3. TASER does offer EVIDENCE.com licenses with less functionality if the department prefers. This package is TASER's best value, and many other major cities choose this option because it offers security and full warranty, spare gear, and automatic upgrades. However, if the Tucson PD does not need all of these benefits, TASER offers less expensive alternatives. Year One Item Description Estimated Unit Price Extended No. Annual Price Quantity Body Worn Camera, as per 40 Each $ 499.95 $19,998.00 specification AXON flex Kit #73030 Manufacturer and Model # 2 Software, as per specification 40 Each $588.00 $23,520.00 Ultimate Evidence.com Annual Payment 485078 Manufacturer and Model # 3 Initial Product Training 40 $ per person $ See Below 4 Train the Trainer program 1 $ per class $ See Below Tu h,c,r,. ;'7,'�123 Page 394 of 733 AXCD N 5 TASER is offering Premium Servic Plus Training Services at a 501/ $7,500.00 Discount — See Page 9 for service breakdown Premium Plus Service # 85055 6 CollarNersatile/Cap Mount, Flex 40 $0.00 $0.00 TASER # 73009 7 Controller, Holster, Belt Clips, Flex 40 $0.00 $0.00 TASER # 73036 8 3 Year TASER Assurance Plan 40 $0.00 $0.00 AXON Flex TASER # 85074 9 EVIDENCE.com, Dock, Six Camera 7 $1,495.00 $10,465.00 Bays + Hub TASER # 70026 10 3 Year TASER Assurance Plan ET 7 $0.00 $0.00 Hub TASER #85091 11 3 Year TASER Assurance Plan ETIV 7 $0.00 $0.00 6 Bay TASER #8509 12 TASER Assurance Plan ETM Annua 40 $36.00 $1,440.00 Payment TASER #65079 13 Evidence.corn Storage 800 $0.00 $0.00 TASER #85035 14 Standard Evidence.corn License 10 $300.00 $3,000.00 Year 1 Payment TASER #88101 15 Evidence.com Storage 100 $0.00 $0.00 TASER #85035 16 Evidence.com Storage 3,200 $1.50 $4,800.00 TASER #85035 17 Kit, AXON Flex 1 $0.00 $0.00 TASER #73030 18 CollarNersatile/Cap Mount, Flex 1 $0.00 $0.00 TASER #73009 19 Controller, Holster, Belt Clips, Flex 1 $0.00 $0.00 TASER #73036 20 3 Year TASER Assurance Pla 1 $0.00 $0.00 AXON Flex TAS E R #85074 Year One — Total Hardware $70,723.00 accessories, software licenses an training Is= _I. csrin Pl: 124 Page 395 of 733 AXON Year Two Item Description Estimated Unit Price Extended No. Annual Price Quantity 1 Ultimate Evidence.com Annual 40 $588.00 $23,520.00 Payment #85078 2 Evidence.com Storage 800 $0.00 $0.00 TASER #85035 3 Standard Evidence.com License 10 $300.00 $3,000.00 Year 2 Payment TASER #88201 4 Evidence.com Storage 100 $0.00 $0.00 TASER #85035 5 Evidence.com Storage 3,200 $1.50 $4,800.00 TASER # 85035 6 TASER Assurance Plan ETM Annua 40 $36.00 $1,440.00 Payment TASER # 85079 Year Two — Total $32,760.00 Year Three Item Description Estimated Unit Price Extended No. Annual Price Quantity 1 Ultimate Evidence.com Annual 40 $588.00 $23,520.00 Payment #85078 2 Evidence.com Storage 800 $0.00 $0.00 TASER #85035 3 Standard Evidence.com License 10 $300.00 $3,000.00 Year 3 Payment TASER #88301 4 Evidence.com Storage 100 $0.00 $0.00 TASER #85035 5 Evidence.com Storage 3,200 $1.50 $4,800.00 TASER # 85035 6 TASER Assurance Plan ETM Annua 40 $36.00 $1,440.00 Payment TASER # 85079 Year Three — Total $32,760.00 T u',�an PD125 Page 396 of 733 Totals for Three Years Item No. Description Estimated Annual Quantity Unit Price Extended Price 1 Year One $70,723.00 2 Year Two $32,760.00 3 Year Three $32,760.00 4 Total Estimated Sales Tax $11,193.70 5 Estimated 3 Year Grand Total $147,436.70 1.126 Page 397 of 733 AXON OVERALL DESCRIPTION OF THE PROJECT Tucson PD is looking for information for Police Body Worn Cameras, with integrated video storage and retrieval software systems. The goal of your Request for Proposal (RFP) is to research the latest technology available in the market for police body worn cameras, and the accompanying storage and retrieval systems. The cameras will be utilized as a tool to enhance your ability to accurately capture video and audio evidence as events occur and to assist in the prosecution of cases. TASER's proposal outlines exactly that: simplicity in a turn -key system, complete with cameras, software, completely scalable storage, with full maintenance and support, upgrades, and program management. For added simplicity, the department will only need to work with one vendor for the fulfillment of the entire system. TASER performs every portion of the system implementation and support. Tucson PD will find the "Full System" with TASER, including all necessary elements to implement a successful BWC program. Tucson PDs goals also align with the results TASER has seen at other large agencies who have deployed AXON video and EVIDENCE.com. Most agencies have some of the following goals when implementing a Body Worn Camera program: v Enhance officer safety a Enhancement of officer reporting Evidence collection a Court testimony 0 Provide accurate documentation of events, actions, conditions, and statements made during arrests and critical incidents ® Officer evaluation and training 11 TASER's system complies with CJIS Enhance Officer Safety Cambridge University and Rialto PD released a comprehensive year-long study on AXON/EVIDENCE.com. Over the course of one year, officer complaints fell by 87.5°x6 for officers wearing an AXON. Rialto PD also focused on their Officer use -of -force data. During the experiment, individuals wearing an AXON reduced use -of -force by 59%. This data indicates that the presence of the camera not only encouraged compliance from the public, but it also reduced instances of use- of- force by officers. These major shifts in complaints and use -of -force were attributed solely to the presence of an AXON flex. Our current customers who are trialing AXON are also seeing positive results in line to enhance officer safety. Sgt. Dan Gomez of LAPD said in a CBS article from 1/15/2014, Page 398 of 733 "When you interact on camera, you tend to act differently, and that's true for a police officer, and true for the community that you're dealing with. So if it has the potential of de-escalating a situation — because you believe the camera is on and the camera is recording — and you change for the better, it's a win for both." Enhancement of officer reporting Investigative Services can benefit from body -worn cameras. A routine witness testimony could be captured using an AXON, instead of being notated on a 3"x4" card. Paperwork for these interviews could be reduced to "See AXON Video." This exact procedure is currently being used by Lake Havasu PD in Arizona. Instead of writing a detailed description of an event, the officer references the AXON video. "See Video" takes much less time to report. Lake Havasu PD uses this method for paperwork, and saw a 7.7% decrease in overtime pay after implementing TASER's video system.' Tucson PD can capture nearly 2x as much evidence with AXON body's extra-wide130' field of view. AXON's field of view will capture nearly 2x as much evidence video as the competitor. AXON body was designed to capture a wide field of view to capture accurate evidence, even when the device is mounted on an officer's beltline. The competitor's camera captures much less, which could miss important footage. With AXON body, the Tucson PD could capture more than with the leading competitor, for a lower cost per unit. The AXON flex system offers a slightly lower field of view at 70° but has a larger variety of mounting options. Both systems integrate seamlessly with our accompanying storage and retrieval systems EVIDENCE.com. Court Testimony Many of our customers use video in the court room instead of sending an officer to testify. This saves the Officer's valuable time. Instead of spending hours in a court room, he or she can stay on their patrol while the video tells the entire story in the court room. While being interviewed for their policies on Body Worn Cameras, a spokesman for the Prince George's County state's attorney's office said, "Anytime we can have use of technology to prove our case, we're going to be supportive of it. This will be another good tool," Their Attorney's Office handles cases from Laurel and Hyattsville — another department that has begun using cameras. Both Hyattsville and Laurel have implemented AXON and EVIDENCE.com. Provide accurate documentation of events, actilons, conditions, and statements made during arrests rr critical incidents ' Data gathered from Lake Havasu PD during a 2012 deployment of the AXON cameras. The full case study can be found at the end of this proposal. 0-11117^� ER F1 2 8 Page 399 of 733 Many of our customers use AXON cameras to take statements, record actions, and show a "full picture" of a critical event. Our camera also has a critical "30 second pre -event buffer," which also captures the 30 seconds prior to an officer hitting the record button. These 30 seconds often helps to set up the context leading up to a critical event. The Police Chief of LAPD, who is currently testing TASER's AXON and EVIDENCE.com, has said about AXON cameras, '?he addition of on -body cameras will be a helpful investigative and accountability tool, as well as a less expensive option than in -car video." Officer vl fi rtd training Santa Fe College PD and Laurel PD in Maryland use AXON cameras for training during tactical use, courses, classes, routine stop courses, defensive driving courses, Emergency Vehicle Ops, and use -of -force training. We also see our cameras used often in SWAT trainings. We also have a full training department on-site which can assist our team in recommending the industry best way to use BWC during training exercises. If Tucson PD would like to see any of our current use - cases and training videos, please contact Fabian Marrero at fmarrero@taser.com. Tucson PD's success with Body Worn Cameras depends on a vendor who can execute on the following three things: 1. A quality camera that brings added value to the department 2. Professional Services, Maintenance, and Support 3. Turn Key video management system TASER International, Inc. has proven experience executing all three of these items for customers in the past. To keep things simple for Tucson PD, all of these items are performed directly by TASER. Tucson PD does not have to worry about vetting subcontractors, because we offer the entire solution. This keeps things simple - you'll have just one vendor to call when you need assistance. Don't build anything - scale your storage up and down every year without adding servers. Don't install anything on user's computers- your users will have instant access to EVI'DENCE.com via a web browser. Full roll-out support - TASER has over 18,000 cameras in the field and has performed many successful implementations. Full training and implementation support from TASER - Our Professional Services department travel across the USA doing implementation support for Law Enforcement customers. TASER Program Management - Our Professional Services team is led by a Retired Police Captain who went through a BWC implementation at his PD. Full Hardware and Software warranty as long as the department is on Ultimate license Page 400 of 733 Ak>c0 N � ACCOMPLISHMENTS IN THE BU INDUSTRY Today, TASER has sold over 18,000 BWC units into the Law Enforcement Market. We have had more Major City Departments deploy our cameras than our competitors combined. TASER has already sold more than 10,000 BWC units in 2014. Below is a short list of our largest customers: Page 401 of 733 , Fort Worth Police Department TX 615 Yes Albu cert e Pe�l��»en,Depar ment NM 1500 Yes _ �.u� w. New Orleans Police Department LA �. »»», 450 v Mo,.wM .... Yes �... _. Greensboro Police Department _ m_._ l`iC 27 Yes Salt Lake City police Department UT 260 Yes 9Spc+kaPe Police Dep rtmentWA .� 220 , 'Yes Bay Area Rapid Transit Police Department CA 220 Yes Chesapeake Police Department IVA 210 Yes Las Vegas Metropolitan Police Department NV 200 Yes Modesto Police Department CA 16_8 "Yes Mesa, Police Department � AZ 150 _ Yes -- _ l Newport News Police Department VA ......._..._ 110 'Yes Rialto, Police Department CA 100 Yes DaIIas Fort Worth International Airport PD TX 100 Yes Coweta Countv Sheriffs Department GA 100 Yes .,. �.. Surprise Police Department . AZ �........... 86 'Yes l Sanford Police Department FL 80 Yes Topeka Police Department K5 75 Yes Fort Collins Police Dia ,artment CO 61 Yes �Oglala�Sioux Tribe DPS SD 61 Yes Lal e vasu, A.Z Police Department 60 Yes Merced, Police Department __AZ CA 50 Yes Y� Winston Salem Police Department NC 45 'Yes ...:m,w Wichita Police Department ,n- KS 40 ...... ... ._..... : Yes _ _...... Sanford Police Department _ ..._ FL _ 80 a.. _ _ _.. ... Yes. Topeka Police Department KS 75 Yes Fort Collins Police Department co 61 Yes Ocilaia Sioux Tribe DPS SD61 Yes Laky Pavasu, AZ Police Department ... AZ, 60 ........ 'Yes Merced, Police Department CA 50 Yes ___ ....._ ........ .................... Winston-Salem Police Department NC 45 Yes Wichita Police Department KS 40 Yes. Page 401 of 733 AXON �� An independent survey by online magazine PoliceOne.com revealed that police officers perceived TASER to be the market leader in on -officer video by a wide margin. After releasing the flex camera system in February of 2013, the flex has taken off with success after success because of a simple fact—we know what law enforcement wants in on -officer video. Now, AXON body is taking off as well. See what officers from early -adopting agencies had to say: Fort worth UX) Police Chien Jeff Halsted: "On -officer video systems like the AXON Flex give us an opportunity to showcase and support the jobs our officers are doing in the field. Having a complete video record of these incidents will provide a higher level of protection for both our officers and the public." Greenwood (ASR) Police'Department epartment Sergeant Brandon Davis: "I loved the multiple mounting options of AXON Flex. The integration with Oakley makes it cool & comfortable. This is a system officers will want to wear." Sergeant Brandon Davis NY Times Article on Rialto (CA) Police Chief William Farrar's Study':: "Even with only half of the 54 uniformed patrol officers wearing cameras at any given time, the department over all had an 88 percent decline in the number of complaints filed against officers, compared with the 12 months before the study, to 3 from 24" Mesa (AZ) Police Chief Frank: Milstead: "As evidentiary technologies evolve, so do the expectations of the judicial system and the community. It is imperative law enforcement keep pace with these expectations. The AXON platform provides our officers the safest and least intrusive system to obtain, provide and store such evidence." New Orleans Police Superintendent Ronal Serpas,: "I believe that the use of TASER's AXON Flex body worn cameras and the use of Cloud technology with EVIDENCE.com is a game changer for police departments here and around the world. Deployment of this equipment provides police and the community an opportunity to reconstruct events in a way that advances safety, accountability, transparency, and professional policing." 0, Tu:"qua"i Page 402 of 733 PROPOSER'S CAPABILITIES TASER International Headquarters., Scottsdale, AZ AXON Tucson PD wants a proven vendor who can handle the size and scope of Tucson PD's BWC program, and implement it successfully. To date, TASER has deployed over 60,000 TASERCAMs and over 18,000 BWC devices exclusively to Law Enforcement departments. And ever since TASER was founded 21 years ago, we have focused on the Law Enforcement market. That means that Law Enforcement agencies and leaders have helped us develop our products and services. Everything we make and support is a direct result of Law Enforcement needs. TASER's industry-leading Conducted Electronic Weapons (CEWs) are used worldwide by law enforcement, military, correctional, professional security, and personal protection markets. TASER CEWs use proprietary technology to incapacitate dangerous, combative, or high-risk subjects who pose a risk to law enforcement/correctional officers, innocent citizens, or themselves; and CEWs are generally recognized as a safer alternative to other uses of force. TASER technology protects life, and the use of TASER devices dramatically reduces injury rates for law enforcement officers and suspects. Today, over 17,000 law enforcement agencies use TASER CEW's, and they are used in more than 40 countries worldwide. TASER International was founded in September 1993 and has remained committed to providing solutions which Protect Life and Protect Truth. In May 2001, the company became publicly traded on the NASDAQ stock exchange (TASK). Since that time, TASER has launched several new products, such as X26 CEW (2003), X3 CEW (2009), AXON PRO (2009), EVIDENCE.COM (2009), X2 CEW (2011), AXON flex (2012), AXON body and X26P CEW (2013). From its industry-leading CEWs, to its AXON/EVIDENCE.com video recorder and storage system, TASER is committed to reducing violent confrontation, providing accountability, and preventing danger. TASER is the industry leader in on -officer video devices, with over 60,000 of its video recording devices in the field. The team at TASER is committed to protecting life by providing innovative, high quality products and services that exceed customer expectations every time. The ISO 9001:2008 certification of quality management system demonstrates the company's commitment to quality for its customers, employees, and suppliers. This supports a continual improvement philosophy, which is the responsibility of every employee. � T��, r�€#"R �'U®) 132 r Page 403 of 733 F. U 0 f►ex I The TASER Experience TASER believes that its success in the law enforcement industry has been thanks to a keen understanding of the unique needs of policing. We understand that our technology must not only serve to protect officers in the field, but it also must be easy to use, it should make the lives of those officers easier, and it ought to address the day-to-day realities of life on patrol. This commitment to our customers is more than evident in the design of the AXON flex. TASER's partnership with Oakley's Eyewear ensures that our camera is something officers want to be seen wearing, and officers never need to worry about whether the camera is properly fastened—they often forget it is there. When we developed AXON body, we listened to our customers' need for something simple to operate. We developed the AXON body because our customers loved our 30 second buffering, the retina low -light capability, the quality of the video evidence we produce, and for the EVIDENCE.com workflows we offer. Some customers wanted everything we offer with flex, just in a simpler camera. We do our utmost to produce the highest quality cameras. We inspect all incoming parts, oversee inventory replacement, conduct rigorous validation procedures, collect feedbackfrom trials, and allow for almost no variance in the manufacturing process. The result is a consistently great product that can ably serve law enforcement. Finally, TASER also takes every step to ensure that you have a hassle -free out-of-the-box experience. The steps for activating a body cam or flex unit are almost as quick and easy as activating an iPad. We follow through as well. TASER offers around-the-clock customer support and will help your agency every step of the way as you adopt this new paradigm in police technology. U 111r1 ,. Video Systems Contact Laurie Bain VEST Regional Sales Manager TASER International, Inc. Lbain@taser.com 480-349-9906 us= T u c s o n P }a 133 Page 404 of 733 .o.xO N EXECUTIVE SUMMARY - TASER Tucson PD will find the simple, turn -key solution operate,cameras with TASER. TASER offers AXON body and AXON flex our simplest cameras to IN o our cloud -based storage, d management system. AXON Rex system, shown with rhe Oakfey Flack Jack&M.ount option. This is one ofower 10 mounting options TASER offers with the AXON Rex. Using proven technology best equips your officers. Because on -officer video is a new venture for Tucson PD, TASER can be a trusted partner in rolling out a customized video and evidence management solution. TASER strongly believes that body -worn video would surpass the PD's expectations to better capture events as they occur; assist in the prosecution of cases; and protect the department, Agency, City, and officer from frivolous accusations. PROTECTING & ADVANCING EVERY OFFICER Tucson PD has diverse Units and Teams within the agency, and many officers may spend little to no time in a police cruiser during their tactical assignments. From our research, officers experience most of their tactical events away from their vehicle. HE= T u . o i ;,� D 1134 Page 405 of 733 AXON FLEX FEATURES, BENEFITS, AND ADDED VALUE I u C. r,; , S `_' ; 1 35 Page 406 of 733 Good resolution without the massive file sizes of HD video. Officers will use roughly 100GB of Video Resolution 640 x 480 storage per year with 640 x 480. With HD, they X could use nearly 1000GB of storage per year. That is roughly l Ox the amount of storage. This technology captures the 30 seconds of 30 Second Pre -Event Buffer video prior to an officer hitting record. This X provides context for what led up to a critical event. Lens Field of View: 75° AXON flex simply captures the officers direct X visual perspective. Date and Time Stamp: Set by NIST. Date and time cannot be altered. This protects Embedded in Video File. the chain of custody. 8 GB Flash Storage Capacity with Up to 12 When a critical event does occur, you will not X hours Recording Time run out of recording time. MPEG -4 Layer 2 Recording Format Playable on standard video playback devices X -20 Celsius to +55 Celsius Working You can trust AXON flex to operate even at Temperatures these temperatures. IPX2-MIL-STD Water Testing Weather won't stop AXON flex, even during rainy, blowing conditions. 6' onto Hard Surface Drop testing If an officer drops AXON flex, it is designed to hold up. Lithium -Ion (Non -Removable) Battery Type Rechargeable batteries mean not having to buy tons of off-the-shelf batteries. 12+ hours Battery Recording Life Each officer's camera battery will last for their X full 8 or 10 hour shift. AXON flex offers several mounting options for Physical Dimensions: Camera 3.2" x.7 x.8; law enforcement officers, including Oakley Controller 3.3" x 2.6" x.8" Glasses, Collar, Cap, Headband, Uniform clip, Alligator clip, Belt clips, Epaulette, Universal Magnet, and Helmet mount. Weight: Camera .53 oz.; Controller 3.3 oz. Weighs less than the typical officer's badge. X Simple one button Operation No fumbling with complicated activations. This is a simple device with one record button. 1 Year Manufacturer Warranty 1 year warranty comes free on AXON flex. X I u C. r,; , S `_' ; 1 35 Page 406 of 733 AX0 N Tucson PD could decrease officer complaints by 87.5% and decrease officer use - of -force by 59% with AXON and EVIDENCE.com. I AXON Flex system, shown with the Oakley Flack Jacket Mount option. This is one of over TO mounting options 7ASER offers with the AXON flex. Some of the features of our AXON flex and EViDENCE.com are listed below. Point -of -View Imaging — the AXON flex camera is designed to be mounted around an officer's head or neck. With other forms of on -officer video, the images don't actually tell us what the officer is seeing from his direct visual perspective, which makes it difficult to determine whether his actions in the field were indeed justified. But the AXON Flex allows us to experience the event as it was apparent to officer, and lets the justice system adjudicate accordingly. Multiple Mounting Options - As we discovered, there is no one -size -fits all solution for law enforcement officers. The officer chooses what is best for him with TASER's many mounting options. The AXON flex can be mounted on an officer's Oakley's eyewear, headband, collar, ball cap, epaulette, helmet, or virtually anywhere else he or she finds it comfortable. AXON flex offers several mounting options for law enforcement officers, including Oakley Glasses, Collar, Cap, Headband, Uniform clip, Alligator clip, Belt clips, Epaulette, Universal Magnet, and Helmet mount. Recording Format. MPEG: -4 Layer 2 TASER's AXON flex uses MPEG -4 Layer 2. MPEG -4 absorbs many of thefeatures of MPEG- 1 and MPEG-2 and other related standards contributing to this, adding new features such as (extended) VRML support for 3D rendering, object-oriented composite files (including audio, video and VRML objects), support for externally specified Digital Rights Management and various types of interactivity. MPEG-1 is an old technology 2 Data presented in 2013 by Rialto PD Chief of Police William Farrar after a year-long, randomized scientific study of the effect of officers wearing AXON Flex and using FVIDENCE.com. The study was performed in conjunction with the University of Cambridge. The full case study can be found at the end of this proposal. (D -r^!-= IEEE FR I u C r: c� ?"1 11,13 EIIII 136 Page 407 of 733 A>c(DM X14 O'Retina. Low Ught" imaging Technology - in order to capture exactly what officers see, it is pivotal to purchase a camera that mimics the light -perception of the human retina. This is what the flex offers with its "retina low -light" technology. Other vendors will offer cameras that emit infrared -light, which can distort the scene as it appeared to the officer. 30 -second Buffered Recording - with the rise of YouTube and handheld recording devices, police officers are increasingly facing scrutiny for actions captured in five - second video clips. TASER understands that to protect the good name of law enforcement, it is critical for an officer's camera to capture the events leading up to the critical incident—and not just the incident itself. The flex's full -shift buffered recording feature automatically captures the thirty seconds prior to the activation of the camera - providing the proper context for an officer's actions. Automated Workflows - our law enforcement can't afford to waste time uploading files at the end of a long shift. With TASER's EVIDENCE.com dock, this isn't a problem: all an officer needs to do at the end of his shift is place his camera in the dock and go home. The video files are automatically uploaded to TASER's backend system, EVIDENCE.com. Battery Recording Life: 12+ Flours. AXON flex has a battery life of 12+ hours. An officer's typical shift lasts a full 12 hours, which means the competition's battery may fall short while your officers are on duty. Our camera was designed with a battery to last the officer's typical 12 hour shift. If a critical event happens, not having enough battery life left to capture it could be devastating. Flash Storage Capacity 8 GB Non -Removable AXON flex contains twice as much storage on the device as our competition: a full 8GB of memory. That means an officer can store twice as much video as the competition as well. Recorded Video Capacity:, + hours AXON flex has a video recording capacity of up to 12 hours. This is a high value add for the department's video program. Water Testing: Waterproof IP2 Certification.. AXON flex complies with IPX2-MIL-STD Method 506.4. IPX2 protects against falling water (i.e. rain or other precipitation) from many angles. HE= Page 408 of 733 AXON �� Manufacturer Warranty. One year on Camera and Controller, 90 days on accessories - AXON flex comes with a full year manufacturer's warranty. TASER stands by our camera for a full year and all accessories for 90 days. With most of the competition, Tucson PD will have to purchase an extended warranty in order to get the same warranty that TASER provides for free. Tucson PD could save thousands of dollars in warranty costs alone with AXON flex. Security - EVIDENCE.com has 99.999999999% data durability, our storage provider is CJIS compliant, and is compliant with FISMA. Is= U3 C 3 I rM, 38 Page 409 of 733 EVIDENCE.COM - SIMPLE, TLIRN-KEY CLOLID SOFTWARE WITH SCALABILITY EVIDENCE.com provides to law enforcement a robust solution for organizing, classifying, managing, viewing, and archiving digital evidence, whether that digital evidence be AXON videos, still images captured by digital cameras, or even PDF documents of interrogation transcripts. TASER's hosted solution is industry -standard secure, and it implements all the proper measures to protect chain of custody. EVIDENCE.com can be accessed from any computer with an internet connection, so it isn't dependent on unreliable agency servers. Storing your agency's data in the cloud also allows the data to be easily shared with interested outside parties using EVIDENCE.com—the DA's office, for instance. EVIDENCE.com is designed to integrate with existing law enforcement solutions such as CAD, RMS, and others, to provide a seamless workflow and reliable Screenshot of EVIDENCE. corn interface mechanism to manage all digital evidence within an organization. It is also, by nature, highly scalable—so there aren't any constraints to expanding EVIDENCE.com utilization at your agency aside from the cost of storing data in "the cloud." All it takes to store evidence on this hosted solution are an AXON unit, and Evidence.com dock or USB cable, and EVIDENCE.com account. Deploying EVIDENCE.com provides both tactical and strategic benefits to agencies. Some of these benefits include: Automatic Upgrades to Latest Features—the latest product features and enhancements are included as part of your investment in EVIDENCE.com. As far as you are concerned, this is a totally hands-off process: the EVIDENCE.com operations team at TASER applies these upgrades remotely, eliminating any worries about properly integrating or updating your systems. Community of Interest—a like-minded constituency influences and guides the direction of our product. Other EVIDENCE.com users are able to share best business practices within the user community, and leverage existing processes and experiences from other users. ,i. s(.r�4_,).i ?D139 1 Page 410 of 733 Your Agency's Partnership with TASER International—TASER partners with customers: from purchase through installation, support, and beyond—ensuring that each investment in TASER products returns the maximum value. EVIDENCE.com is not only offers a unique and compelling solution to digital evidence storage, but the interface of the application itself integrates a bevy of advanced features. Some of these include an easy-to-use search function, the ability to group files according to case number, and marking certain files for automatic deletion after a pre -determined date. VIDE[I MANAGEMENT BACKEND SYSTEM TASER's recommended workflow uses an EVIDENCE.com dock. The dock allows an officer to dock the AXON cameras in one place. As soon as the AXON camera is docked, videos on the camera automatically begin to download. The officer simply places the camera into the docks, as shown below. Not only does the dock allow for easy download, but it also charges the devices and if need be, upgrades the firmware versions without the need for a computer. Evrdence.com Dock which can download videos and charge up to six (6) AXON flex or body units simutaneously. Multi -charging / multi -docking station is not reliant upon a USB cable or individual computer. It has a RJ45 Ethernet connection. AXON videos are uploaded automatically once the DVR is docked into the EVIDENCE.com dock. Once in the dock, an encrypted 256 -bit AES SSL session is established with EVIDENCE.com. AXON videos are then sorted and uploaded in an order of largest to smallest. HE= 1. u:csor140 Page 411 of 733 A.xCDN As a video is being uploaded it is broken into small blocks of approximately 2-3 megabytes in size. Prior to upload the block is hashed using the SHA1 algorithm to generate a unique fingerprint or checksum. The block is then uploaded to EVIDENCE.com, upon receipt the block is hashed again using the SHAT algorithm, if an identical checksum is generated then the file's fingerprints match and the block is unaltered from its original state on the AXON body or flex. The block upload process is repeated until the entire MP4 is transferred. Using the same method that was used to validate the blocks, a contiguous checksum of the entire file will be evaluated to ensure that the MP4 file has been uploaded successfully and identical to when it was recorded. Once EVIDENCE.com confirms receipt, the video is deleted from the DVR and the upload process moves to the next file. The EVIDENCE.com dock uploads one file from one camera at a time, then moves on to the next file on that camera. Once the first camera's files have all been transported to EVIDENCE.com, the dock begins uploading the next camera's files. In this way, the dock throttles itself. The City's IT department can also determine how much network pipe will be allowed by the dock- this can be set up relatively easily. ® Minimum 256 bit AES encryption in storage and transport Each unit has its own unique ID that can be registered to a specific Officer Capable of handling over 2000 user/officer accounts An administrator can determine the roles and actions of all users and create individual user accounts with varying degrees of access i.e. administrative accounts, basic user accounts. Digital Evidence is deleted either manually or through category based automation. Manual deletions are applied when an administrator designates a video for deletion. The video is then allowed a 7 day grace period in which to be recovered. The event is then expunged. The automated deletion is reliant on the agency establishing retention categories. In the creation of categories, all types of categories are associated with a retention period. If no retention period is specified then video will remain on the system until manually deleted. If a category such as "Traffic Stop" is created with a retention period of 2 years, once a video is created, marked as a "Traffic Stop" and uploaded to EVIDENCE.com, the video will automatically be marked for deletion 2 years from the upload date. Administrators receive a weekly e-mail report notifying them of upcoming deletions that week. Audit trails for deleted events are always retained in order to show the life- cycle of the evidence even if expunged. EVIDENCE.com allows the System Administrator to create evidence categories with corresponding default lengths of retention in the HE= Page 412 of 733 AXON �� EVIDENCE.com database. The System Administrator can also delete evidence as necessary. All deleted evidence will be retrievable for 7 days. The evidentiary Audit Trail will be retained after the evidence is purged for the purpose of accountability. The Audit Trail will indicate if the file was removed manually or through retention via categories ■ The original file uploaded to EVIDENCE.com is never altered. ■ Officers can add metadata using TASER's free mobile app, AXON MOBILE. This application syncs to the camera via Bluetooth and allows the officer to add metadata in the field. After upload, the officer can also add metadata tags on EVIDENCE.com. The following is the complete list of metadata which can be captured by EVIDENCE.com: EVIDENCE.COM allows for 11 indexing fields. ■ D - Case ID of incident ■ Uploaded By - User that uploaded content ■ Owner - User currently assigned video i.e. if Officer A captures the video, but Officer B is conducting the investigation, Officer B only has access to view his own video. Said video can be assigned by an administrator to Officer B who can then review the video captured by Officer A. ■ Title - Titles are defaulted to the date and time of the video capture "Flex Video 2012- 10-13 012- 10-13 1447." This field can be updated by the user at the time of capture to display a more specific title i.e. "Boat Crash at Lake of the Ozarks." ■ From - initial date to start search from ■ To - Last date to search from Category Based Fields: ■ Date - Allows searching based on Recorded Date, Upload Date, and Delete Date ■ File Type - Allows searching for any digital media type or to specify type such as Video, Audio, Document, Image, Firing Log, and Other ■ Status - Allows searching for any status level or to specify type such as Active, Processing, Queued for Deletion, Excluded, and Deleted ■ Flagged - Allows searching for any flag level or to specify type such as Flagged or Unflagged. ■ Category - Allows searching for any category type or to specify any category added by the agency. Device Searches index the following fields: ■ Model -All AXON Cameras, ETM and ECD ■ Serial Number ■ Device Status - Any, Active, Inactive, Stolen, RMA, Lost, Stolen ■ Error Status - Any, Good, Minor, Major, Critical ■ Last Upload Data From ■ Last Upload Data To ■ Device Name ■ Device Assigned to Page 413 of 733 ^: COP4 User Searches Index the following fields: Last Name First Name Role ff Date - Last Active, Invited, Deactivated Status - All, Active, Invited, Deactivated From To Badge Number ® EVIDENCE.com takes all types of image and video files, including but not limited to: DIVX, TS, 3GP, ASF, AVI, FLV, MOV, MP4, RM, VOB, WMV, F4V, MPEG, and MPG. This will allowTucson PD to store additional video data from other mediums such as in-carvideo cameras and mounted surveillance cameras. Video Redaction. The best way to describe how EVIDENCE.com manages video is through layers. The two bottom layers are the original video and audio. Those two layers are never tampered with or manipulated. When we apply markers, clips, or redaction they exist in layers above the original content. The best way to imagine this would be to picture a translucent sheet over a picture or painting. Drawing on the sheet, and then removing the sheet. This leaves you with an un -altered original image. When a user applies redaction to a video, all of their actions are saved to an XML file, much like the translucent sheet, When the video is played backthe sheet is layered back over the video. Even when a redacted video is exported from EVIDENCE.com, the video is created (encoded) on the fly and saved to the local hard drive. The camera itself is not capable of taking still photos. HoweverTASER's free smartphone app EVIDENCE Mobile can take still images and upload them to your EVIDENCE.com account and still images can be collected after upload using EVIDENCE.com. Audit tracking and reporting functions. TASER's complete on -officer video and evidence management systems safeguard against a break in the chain of custody. EVIDENCE.com automatically logs a detailed Evidence Audit Trail of anything that happens to that video or its metadata. The log can be used to determine a chain of custody that surpasses chain of custody regulations. EVIDENCE.com logs an Audit Trail for every piece of digital evidence. Below is an example of an Audit Trail on a single piece of video evidence. HE= ucaO� PIm_,I43 Page 414 of 733 Taser Information Report Generated by Dept TASER Demo Site Name Midwest, Officer (32921) Title 12-090998 Username Midwest Local Time zone US Mountain Standard Time (UTC -07:00) Generated On 07 Sep 2012 12:42:47 Case ID: CA-5721FFE5131D4872B2E3F634F9320O92 # Date Time User Activity 1 28 Aug 2012 12 42,47 (-07:00) Northern, Officer (23470) Created Usemame: Northern 2 28 Aug 2012 12:42:48 (-07:00) Northern, Officer (23470) Viewed Username: Northern 3 28 Aug 2012 12:43:03 (07:00) Northern, Officer (23470) Tag 'DUI' Added Username: Northem 4 28 Aug 2012 12:43:09 (-07:00) Northern, Officer (23470) Tag 'Jones' Added Usemame: Northem 5 28 Aug 2012 12:43:25 (-07:00) Northern, Officer (23470) Annotation Added or Updated Username: Northern 6 28 Aug 2012 12:43:35 (-07:00) Northern, Officer (23470) Folder Video interviews' Added Usemame: Northern 7 28 Aug 2012 12:43:45 (-07:00) Northern, Officer (23470) Folder'Audlo interviews' Added Username: Northem 8 28 Aug 2012 12:43:54 (-07:00) Northern, Officer (23470) Folder 'Crime scene photos' Added Username: Northern Enhanced Multi -file UpIoader. Users can now enter a different Title, ID and Category for each file they upload in the Import Evidence section of Evidence.com. Users simply select the evidence (audio, video, picture, etc.) from their computer they want to upload to their account or simply drag and drop the files into the designated area. FILE SHARING Any file stored on EVIDENCE.com can be shared with interested parties. Individual files and entire case files can be shared with outside EVIDENCE.com users directly from the online interface. This feature can be particularly helpful when coordinating with, say, a District Attorney's office for litigation purposes. These files can be shared fora set period of time, and when the audit trail logs access and views. T j ri P EJ 144 Page 415 of 733 flex 1 Custom storage set-up options and automatic_ delete to never delete parameters Saving storage space via an automatic deletion policy is remarkably simple with EVIDENCE.com. Before you even record a single AXON video, account administrators may pre-set how long they would like each file to be stored until it is deleted by the system. Of course, these retention periods may always be adjusted for individual files after they have been uploaded to the EVIDENCE.com system, which will be useful if a particularly critical incident is captured and must be stored on file indefinitely. And if recently deleted files are still needed, then a "remorse period" ensures that those files can still retrieved within a seven-day timeframe. The automated deletion is reliant on the agency establishing retention categories. In the creation of categories, all types of categories are associated with a retention period. If no retention period is specified, then video will remain on the system until manually deleted. if a category such as "Traffic Stop" is created with a retention period of 2 years, once a video is created, marked as a "Traffic Stop" and uploaded to EVIDENCE.com, the video will automatically be marked for deletion 2 years from the upload date. Administrators receive a weekly e-mail report notifying them of upcoming deletions that week. Audit trails for deleted events are always retained in order to show the life- cycle of the evidence even if expunged. Tucson PD users designated as Administrators will have full control of the classification system. TASER suggests a few classifications, such as 'Traffic Stop" or "Domestic Dispute," but Tucson PD can customize the classifications as needed. There are many different ways to handle deletion, but the Administrators can remove any user's ability to delete a record from the system. There are also automated deletion periods which can be built into the system, which were discussed in the above "DELETING/PURGING" section. Audit trail capabilities are also discussed in detail on the previous page. I' Pis 45 Page 416 of 733 AXON 1 DIGITAL EVIDENCE WORKFLOW (DEW) FRAMEWORK CAPTILIRE: TRANSFER MANAGE RETRIEVE SHARE After consulting with agencies across the country, TASER International created the Digital Evidence Workflow (DEW) framework. The DEW Framework was designed to help agencies make sense of complicated and complex systems and highlight areas where they could improve their efficiency and effectiveness. THE DEW FRAMEWORK DEFINED ] Across all digital evidence workflows, TASER identified five general phases that usually take place independent of the capture device. Those phases of the DEW Framework are: ■ Capture/Collect ■ Ingest/Transfer ■ Manage/Store ■ Retrieve ■ Share I ".; C � C' f 1 P 4 6 Page 417 of 733 Ln W U O a +1 c U DIGITAL EVIDENCE WORKFLOW (DEW) FRAMEWORK L f r Officers record video using the AXON camera. Videos can be viewed and metadata annotated using a smart device or MDT. TRP FE AXON cameras are docked in the EVIDENCE.com dock and automatically upload to EVIDENCE.com. Some deputies may utilize the USB cable to upload evidence to EVIDENCE.com using their computer. Videos are managed using the cloud - based EVIDENCE.com (permissions, chain of custody, retention, case folders, etc.). RETRIEVE SHARE Retrieve using a Share with other wide variety of EVIDENCE.com EVIDENCE.com users using the search criteria. Share function. Share with outside partners using the external sharing function (email link with specific permission to recipient). INDUSTRY ICT PRACTICES The Capture/Collect phase is the most visible and generally best understood stage of the DEW, During this stage, devices simply capture and collect the digital evidence. Examples are in -car video systems, on -officer video cameras, digital cameras and audio recorders. There are several important factors that an agency should consider when selecting a capture device such as power requirements, quality and dependability. The Ingest/Transfer stage is frequently one of the most overlooked phases of the DEW. During this phase agencies must take the digital evidence that has been captured and either ingest or transfer the digital evidence into a management system. The most efficient way to deal with this is through automation, but many capture devices do not offer this capability. In the IACP report, "Technology Technical Assistance Program on In -Car Cameras," it is stated that "underestimating workload and costs were common problems experienced by the majority of 1. i,� f , it i rti i* ids 147 Page 418 of 733 ARCD N agencies that participated in this IACP Study."' Many, if not most, agencies use the same workflow to ingest digital evidence that they created decades ago for ingesting physical evidence: officers must physically return with the capture device to a centralized evidence repository where it is usually transferred to another digital medium and stored on shelves. The Manage/Store phase is one that all agencies are aware must occur but they are often ill equipped to handle the storage and management of digital evidence. Indeed, the Commission on Accreditation for Law Enforcement Agencies (CALEA) standards highlight that "the products of these technologies could become an important piece of evidence in any type of case and should be maintained in a way to insure the integrity of contents."" While some law enforcement agencies do have a vendor supplied or in-house developed digital information management system the cost of maintaining, securing and backing up such a system can be prohibitive. The Retrieve phase is one of the most overlooked stages in that agencies frequently underestimate the amount of time it will take to find a piece of digital evidence. There are several different approaches to managing and storing digital evidence, each of which affects the retrieval process. For example, tagging a DVD with a barcode or case number and sticking it on a shelf in an evidence room or a storage warehouse can result in lengthy search and retrieval times. A single CD of evidence related to a case can contain a hundred or more images, each of which might pertain to a different aspect of the case. Trying to find the right images will require going through all one hundred or more images. If, on the other hand, the images were stored in a database and tagged individually with identifiers other than just the case number, they could be retrieved with a simple search within seconds. So a best practice is to have a system that has an advanced search function using multiple identifiers for each piece of digital evidence. The Share phase of the process involves getting the digital evidence to the correct stakeholders when requested. One of the benefits of digitally stored evidence is that it can be securely moved to the requestor via the Internet. The banking industry realized enormous efficiency gains in the mid-to-late 90s by automating several of their processes securely over the Internet. In researching law enforcement's use of Internet -based automation in sharing digital evidence we discovered that only a very small minority of agencies today are taking advantage of this technology, resulting in mounting costs of digital evidence sharing. For example, a typical evidence room in the average police department requires one or more forms to request copies of digital evidence. That evidence first needs to be found, then copied (usually multiple copies are made) and finally hand delivered to the recipient, such as a prosecutor or defense attorney. A single request for evidence can take hours to complete and the manual transport of copies to be shared wastes numerous hours of officers' time that could otherwise be spent on the street. Finally, manual sharing of digital evidence frequently leads to lost copies, resulting in the entire process having to be repeated at additional cost. 31ACP/COPS Technology Technical Assistance Program (2004) —Page 60, Paragraph 2 4 http://www.calea.org/content/standards T c s c,,, n `) 148 Page 419 of 733 AXCD N All vide stored in a central location. TASER's proposed workflow includes direct transfer to a PC or through the use of our Evidence.com dock. The data is then transferred to the location of the agency's choosing. AXON videos can be stored wherever the department desires. With TASER's solution, the decision on the storage of digital evidence is completely Tucson PD's. Systems prevents user from Deleting or Editing Original Video File. AXON videos cannot be deleted from the camera. AXON videos are downloaded automatically once the DVR is docked into the EVIDENCE.com dock. Once in the dock an encrypted 256 -bit AES SSL session is established with the local storage device. Videos are then sorted and uploaded in an order of largest to smallest. As a video is being downloaded it is broken into small blocks of approximately 2-3 megabytes in size. Prior to upload the block is hashed using the SHA1 algorithm to generate a unique fingerprint or checksum. The block is then downloaded to your storage device, upon receipt the block is hashed again using the SHA1 algorithm, if an identical checksum is generated then the file's fingerprints match and the block is unaltered from its original state on the AXON. The block upload process is repeated until the entire MP4 is transferred. Using the same method that was used to validate the blocks, a contiguous checksum of the entire file will be evaluated to ensure that the MP4 file has been uploaded successfully and identical to when it was recorded. Once your storage device confirms receipt, the video is deleted from the DVR and the upload process moves to the next file. TASER has a full customer support division. We offer webinars and training on our website 24/7, and live phone support Monday -Friday, 7:OOAM — S:OOPM MST. Specific department leaders are: no= Page 420 of 733 EVIDENCE.COM: ADVANCED FEATURES EVIDENCE.com provides a number of unique, pivotal features that facilitates evidence management and coordination. To begin with, account administrators can customize the roles and authorization levels of each member of the agency's account, both to preserve chain of custody and to clarify what each user is permitted to do. To help find files stored on your EVIDENCE.com account, TASER offers a powerful search feature based on the name of the officer, the date the file was recorded or uploaded, the device moniker, etc.—this alone gives EVIDENCE.com a leg up to over most file management competitors. Once you find the files you are looking for, you can begin to group them around larger case files—the most commonsense way to manage evidence. Each file is capable of carrying "Intelligent Video Attributes"—basically information about the context of the video. These attributes could include GPS coordinates, the time it was recorded, the officer and device that recorded it, which case file it belongs to, etc. Each of these attributes making later searches and retrievals easier. Users can also clip out smaller segments of larger video files, in order to let the viewer see only the most significant moments of a recorded video. Saving storage space via an automatic deletion policy is remarkably simple with EVIDENCE.com. Configurable Boles and ljerm'rssions Before you even record a single AXON video, Power Search Feature account administrators may pre-set how long Files Grouped Around Case Numbers they would like each file to be stored until it is Intelligent Video Attributes deleted by the system. Of course, these retention Automated Retention Policies periods may always be adjusted for individual Seven-day Remorse Period files after they have been uploaded to the Easy Sharing among Users EVIDENCE.com system, which will be useful if a particularly critical incident is captured and must be stored on file indefinitely. And if recently deleted files are still needed, then a "remorse period" ensures that those files can still retrieved within a seven-day timeframe. Perhaps the most exciting of these features is the ease with which any file stored on EVIDENCE.com can be shared with interested parties. Individual files and entire case files can be shared with outside EVIDENCE.com users directly from the online interface. This feature can be particularly helpful when coordinating with, say, a District Attorney's office for litigation purposes. — I :icst n i`iD1SO Page 421 of 733 A>CCDN �. EVIDENCE MOBILE EVIDENCE Mobile is a free mobile application that allows officers to capture, tag and upload evidence with a few taps of the screen. It turns the officer's smart phone or touch screen device into a camera and audio recorder that seamlessly and securely integrates with EVIDENCE.com. • All the Evidence, One Device - Capture photos, audio, and video using a mobile device. • Upload from Anywhere - EVIDENCE.com data transfer directly from the field over any data or Wi-Fi connection. • Get More from Your Evidence - Quickly tag data with time and date of capture, unique Title, incident ID, event category, and GPS location in the field. • Operating System — Currently Available Through the Google Play Store for Android Devices Version 2.2 and above. Available through iTunes for Apple iOS Devices in Early 2013 • Upload Method — Upload Data via Any 3G or 4G Data Connection, or via a Wi-Fi Connection • Access — Users Must Log In to Their Active EVIDENCE. com Account to Use the Application • Storage — The Application Will Only Upload Data to EVIDENCE.com Secured Storage Screenshots from TASER's EVIDENCE mobile app. Tucscr'i PD151 Page 422 of 733 AXON � Capture Capture digital evidence in the form of videos, photographs, and audio recordings from user's mobile device. Upload & File on the Go Upload, tag and add information to digital evidence through the same device while on the go. EVIIDENCE.com Integration This simple to use, end-to-end solution will manage digital data when paired with EVIDENCE.com. GPS Tagging Add device GPS data to evidence. Security Security pin protects evidence if device is stolen or lost. Customize App Settings Allows users to decide deletion policies, upload methods, GPS tagging, security and more. Cost Control Fit the app to your data plan; set maximums for the size of files uploaded via a data connection or upload only over Wi-Fi. Savings Never buy or carry another digital camera or audio recorder again. No= t F°1)152 Page 423 of 733 Evidence Sync EVIDENCE Sync allows officers to manage digital evidence and TASER' products from any computer with an internet connection, including an MDT. Use Sync to preview, annotate and upload digital evidence from any source to EVIDENCE.com, plus manage your agency's TASER products and update firmware. And as always, your data is secure and easy to access at any point. Any File., Any Source - Upload any audio, video, photo or other files currently on CDs, memory cards, servers or a hard drive to EVIDENCE.com. A 4andsfree Transfer- Select the data to upload to EVIDENCE.com, then log out and walk away while the app keeps working. A Upload Any Digital Evidence - Upload any format and size of photo, video or audio recording. a Manage TASER Products - Collect evidence, change settings, assign, and update firmware for your CEWs or AXON® cameras. a Add Metadata - Add Metadata Tag evidence with Title, Event ID, and Category, and assign evidence at upload Schedule Uptoads - Select a folder or file on your hard drive or network to upload at set times. Upload from Servers - Upload interview room or dash -cam videos from shared d rives, F Upload from Camera, CD or SID Bard - Upload crime scene photos from any source. Upload from the f=ield - Ryan the app from your MDT and access from the field. Falk Array During Uploads - Log out while uploads keep going in the background. View i=dles in a Gallery - View Files in a Gallery Quickly manage photos and videos using thumbnails. Search Easily - Find any file and search by title, date, keyword or other fields. T c , ,p,n P 01 1 53 Page 424 of 733 Page 425 of 733 Appendix A — Reporting TASER's EVIDENCE.com storage solution allows an administrator or officer to produce hundreds of searching and reporting options, based on their permission level. EVIDENCE.com has pre-set categories however agencies can add customized categories based on their existing agency guidelines and protocols. Listed below are some sample screen shots and reporting functionalities. Dashboard The Dashboard tab will always bring you back to the home page. Page 426 of 733 Evidence The Evidence tab, will allow importing evidence, viewing personal and shared evidence, and allow for search capabilities. Page 427 of 733 Manually Uploading Evidence There is an option to manually import J digital evidence Evidence The Evidence Search will offer filter searching through the data directory for specific evidence or generic. Page 428 of 733 Cases The Cases tab will allow viewing of personal account cases, search, create, and share cases with other users in the agency. Devices The Device tab allows searching for specific device throughout the agency. This includes AXON products and CEWs. Page 429 of 733 Searching for Devices To search for a device, use the filter boxes to help narrow down the search. Page 430 of 733 DEMC Scottsdale, AZ, US Document generated: 06 Oct 2014 . 12:46:38 -07:00 bytW� Fabian(rrNIPPElft EVIDENCE AUDIT TRAIL Evidence Case ID Categories Title UNM MD DUI Recorded 09 Jan 2014 08:45:30 Uploaded 09 Jan 2014 08:45:30 Uploader VIIIINW, Fabian (Badge ID:*Mjpp�) Evidence ID 450358614D724BDCAAD270B403E6C822 Source Device Type None Device Name None Serial Number None Other Imported Usage Page views 48 File downloads 2 Video playbacks 29 Last Viewed Or 08:45:30 (-07:00) System 06 Oct 2014 12:46:38 Downloaded On 09 Jan 2014 C-WiQ1=r-4C:,f="r_—, ipzt # Dale Time User Activity 1 09 Jan 2014 08:45:30 (-07:00) System Evidence Record Created 2 09 Jan 2014 08:45:48 (-07:00) System Evidence Upload Completed Successfully. 3 09 Jan 2014 08:55:09 (-07:00) MIONWaibian Badge ID: Evidence Record Added to Case'dul' Usemame;emmoow 4 09 Jan 2014 08:55:51 (-07:00) Fabian (Badge ID:illpillooft) Evidence Record Added to Case 'dui' Folder'AXON FLEX' Usemame: FMarrero 5 10 Jan 2014 08:55:00 (-07:00) 111111M, Todd (Badge ID: a) Evidence Record Accessed_ Clrenl IP Address: 70.192.2.219 Username: 6 10 Jan 2014 08:55:32 (-07:00) � Todd Bad a ID: sername Evidence Record Streamed. Client IP Address: 70.192.2.219 7 13 Jan 2014 10:39:18 (-07:00) 40WMPW Joe (Badge ID: Evidence Record Accessed. Client IP Address: 69.69.103.250 Usemame: 8 13 Jan 2014 10:39:22 (-07:00) account, temp (Badge ID: go Evidence Record Accessed. Client IP Address: 69.69.103.250 Username: Instruclori5 9 13 Jan 2014 10:39:35 (-07;00) Joe Badge ID; Evidence Record Streamed. Client IP Address: 69.69.103.250 Usemame: 10 13 Jan 2014 10:39:40 (-07:00) account, temp (B22gglD:40" Evidence Record Streamed. Client IP Address: 69.69.103.250 Username: 11 13 Jan 2014 10:40:36 (-07:00) account, temp (Badge ID: MM Evidence Record Accessed. Client IP Address: 69.69.103.250 Usemame 12 13 Jan 2014 10:41:04 (-07:00) account, teMELPMftlD:qW Evidence Record Streamed. Client IP Address: 69.69.103.250 Usemame: 13 13 Jan 2014 10:45:57 (-07:00)a Badge ID: Marker Added Username: Page 431 of 733 q Date Time User Activity 14 13 Jan 2014 10:46:25 (-07:00) account, temp (Badge ID:r ) Evidence Record Accessed. Client IP Address: 69.69.103.250 Username: 15 13 Jan 2014 10:46:40 (-07:00)oe Badge 1D: Video Clip Added: "Confession" (00:02:06 to 00:02:56) Username: 16 13 Jan 2014 11:04:19 (-07:00) account, lemp (Bad a ID: 91MPW Evidence Record Accessed. Client IP Address: 69.69.103.250 Usemame: 17 13 Jan 2014 11:04:28 (-07:00) account, temp Badge IDOW Evidence Record Downloaded: Internal Record ID: Username F ILE:8F 6696533A9 E4 E82AOD224509DOE55BA@54716DSA AF664F1D8D69DC602BD6B53C Client IP Address: 69.69.103.250 18 13 Jan 2014 11:09:51 (-07:00)Badge ID: Evidence Record Accessed. Client IP Address: 69.69.103.250 Usemame: ROOM 19 13 Jan 2014 11:29:17 (-07:00) Joe (Badge ID: Evidence Record Accessed. Client IP Address: 69.69.103.250 Usemame: WOMMO 20 13 Jan 2014 11:29:49 (-07:00) oe Badge ID: Annotation'Viewed prep for deposition' Added Username: 21 16 Jan 2014 17:26:05 (-07:00) Fabian Badge ID: Evidence Record Accessed. Client IP Address: Usemam 173.226.125.243 22 16 Jen 2014 17:26:32 (-07:DD) Fabian Badge I0:011WOM Evidence Record Streamed. Client IP Address: semame: 173.226.125.243 23 20 Jan 2014 11:12:29 (-07:00) 10NOWFabian Badge ID: lWN§WMW4 Evidence Record Accessed. Client IP Address: Usemema: 173.226.125.243 24 23 Jan 2014 15:57:41 (-07:00) *MWWhristopher (Badge, Evidence Record Accessed. Client IP Address: 66.119.2.33 U se ma me:40W 25 23 Jan 2014 15:57:59 (-07:00) wN91111111111111liChristopher (Badge ID:_ Evidence Record Streamed. Client IP Address: 66.119.2.33 Usemame: 26 24 Jan 2014 14:16:45 (-07:00) WWwwWabian (Badge ID: LMqgon&) Evidence Record Accessed. Client IP Address: Usemame: 173.226.125.243 27 24 Jan 2014 14:17:12 (-07:00) 4=0%Fabian Badge ID: OW� Shared with �gmail.com with permissions to View, Usemame: View Audit Trail. Share expires on 31 Jan 2014 14:17:11 (- 07:00) 28 24 Jan 2014 14:18:23 (-07:00) rhowidW an Badge ID: 1�1 Removed sharing with �@gmail.com Username: 29 24 Jan 2014 14:18:24 (-07:00) q1111111111111111111111OFablan (Badge ID: ONIMOM Shared with qpM11Wgmail.com with permissions to Yew, Username: ffikjj� Download. Share expires on 31 Jan 2014 14:18:23 (-07:00) 30 06 Feb 2014 14:46:53 (-07:00) Account, Tem Badge ID:� Evidence Record Accessed. Client IP Address: Username: 173.226.125.243 31 06 Feb 2014 15:16:10 (-07:00) Account, Tem Bad ID: W a Evidence Record Accessed. Client IP Address: Usemame: 173.226.125243 32 06 Feb 2014 15:16:28 (-07:00) Account, Temp (Badge ID: Evidence Record Streamed. Client IP Address: Usemame: 6001000P 173.226.125.243 33 16 Feb 2014 19:19:48 (-07:00) Account, Temp (Badge ID: IMM Evidence Record Accessed. Client IP Address: 58.204.148.37 Username: E 34 16 Feb 2014 19:20:18 (-07:00) Account, Tem (Badge IDAMW Evidence Record Streamed. Client IP Address: 68.204.148.37 Usemame: 36 17 Feb 2014 10:21:52 (-07:00) Account, Temp (Badge ID40" Evidence Record Accessed. Client IP Address: 71.99.73.155 Usemame: I 36 17 Feb 2014 10:22:11 (-07:00) Account, Temp (Badge 0:11111" Evidence Record Streamed. Client IP Address: 71.99.73.155 Username: 4MINNIM 37 17 Feb 2014 10:22:15 (-07:00) Account, Temp (Badge ID: 400 Evidence Record Accessed. Client IP Address: 75.112.148.13 Username: liMIJIMMEM 38 17 Feb 2014 10:22:31 (-07:00) Account, Temp (Bad a ID440 Evidence Record Streamed. Client IP Address: 75.112.148.13 Username: Page 432 of 733 N Date Time User Activity 39 17 Feb 2014 10:31:29 (-07:00) Fabian Badge ID: YWpm&Q Evidence Record Accessed. Client IP Address: 75.112,148.13 Username: 40 17 Feb 2014 10:31:35 (-07:00)1 Fabian (Badge ID:40iligoft) Evidence Record Streamed. Client IP Address: 75.112.148.13 Username: 41 21 Feb 2014 10:07:42 (-07:00) Fabian (Badge ID: WiliMpoift) Evidence Record Accessed. Client IP Address: Username: 173.226.125.243 42 21 Feb 2014 10:07:57 (-07:00) roti Fabian (Badge ID: tY1rJpOEM Evidence Record Streamed. Client IP Address: Username.f, 173.226.125.243 43 21 Feb 2014 10:08:21 (-07:00), Fab4an ((Badge ID: � Video Clip Added: Username:ir»le "Redaction Masks" (00:00:00 to 00:04:20) 44 21 Feb 2014 10:11:22 (-07:00) didgM Fabian (Badge ID: 116MENIM Video Clip Edited: Username: "Redaction Masks" (00:00:00 to 00:04:20) 45 21 Feb 2014 10:11:41 (-07:00) Fabian (Badge ID: 111ppm" Video Clip Removed Username: 46 21 Feb 2014 10:13'50 (-07:00) Fabian (Badge ID Evidence Record Accessed. Client IP Address: sername: ft� 173.226.125.243 47 21 Feb 2014 10:18:13 (-07:00) dliommmfFabtan Badge Evidence Record Streamed- Client IP Address: Username: IMPIft 173.226,125.243 48 21 Feb 2014 10:22:36 (-07:00) Fabian (Badge ID: %millilliniW Evidence Record Accessed. Client IF Address: Username: ftp 173.226.125.243 49 21 Feb 2014 10:26:03 (-07:00) ANNNW Fabian Badge ID: IMW� Video Clip Added: Usemame "Redaction Masks" (00:00:00 to 00:04:20) 50 21 Feb 2014 10:26:40 (-07:00)1 Fabian (Badge ID: JapliIIIIIIIIIIIIIIR Video Clip Removed Username: is11�f1 51 21 Feb 2014 11;11:04 (-07:00) JMMMWFa n Badge ID: LIARPOIll" Evidence Record Accessed. Client IP Address: Usemame: 173.226.125.243 52 21 Feb 2014 11:11:11 (-07:00)Fabian (Badge rO: tic) Evidence Record Streamed. Client IP Address: sername: WEEMs 173.226.125.243 53 21 Feb 2014 11:14:18 (-07:00) � Fabian (Badge ID: iil�) Video Cfip Added: Username: " "Redaction Masks" (00:00:00 to 00:04:20) 54 21 Feb 2014 11:15:27 (-07:00) dam, Fabian (Badge ID: 91111111511111111W Video Chp Removed UsemameANANOW 55 04 Mar 2014 13'55:51 (-07:00) Fabian (Badge I0mdao� Evidence Record Accessed. Client IP Address: Usemame; r 173.226.125.243 56 04 Mar 2014 13:55:56 (-07:00) moo, Fabian (Badge ID:�l) Evidence Record Streamed. Client IP Address: U serna me 4mill"Oft 173.226.125.243 57 13 Apr 2014 23:29:46 (-07:00} 404winoWFabian.Wdge ID: �li Evidence Record Accessed- Client IP Address: 63.110-18.159 Username: NOW 58 15 Apr 2014 23:51:06 (-07:00) Account, Tem Badge ID:dkNa Evidonce Record Accessed. Client IP Address: 2.50.18.19 Username: 59 15 Apr 2014 23:51:17 (-07:00) Account, Temp (Badge ID: Evidence Record Streamed. Client IF Address: 2.50.18.19 Usemame: Kraft 60 15 Apr 2014 23:59:37 (-07:00) Account, Temp (Badge ID: 0" Evidence Record Accessed, Client IP Address: 2.50.18.19 Usemame: tllMONW" 61 22 Apr 2014 08:00:00 (-07:00)Fa ian {Badge ID: tiff Evidence Record Accessed. Client IP Address: sername: 74.206. t 19.253 62 05 May 2014 10:57:41 (-07:00) UNWO, Anthony (Badge ID: 40M Evidence Record Accessed. Client IP Address: Usemame: 74.206.119.251 63 05 May 2014 10:58:26 (-07:00) � 0ussama (Badge ID: 18091 Evidence Record Accessed. Client IP Address: 86.99.223.31 Username 64 05 May 2014 10:56:45 (-07:00) POW Oussama (Badge ID: TOW Evidence Record Streamed. Client IP Address: 86.99.223.31 Usemame: 011ii� 65 05 May 2014 11:01:21 (-07:00) NONOMAnthony (Badge ID: 35" Evidence Record Streamed. Client IP Address: Usemame: 74.206.119.251 Page 433 of 733 4 Dale Time User Activity 66 06 May 2014 05:20:14 (•07:00) dowOUssama Badge IO: 1M Evidence Record Accessed. Client IF Address: 2.50.37.15 Usemame: 67 06 May 2014 05:20:22 (-07:00)Oussama Badge ID: 4W) Mann Evidence Record Streamed. Client IF Address: 2.50.37,15 68 06 May 2014 05:28:26 (-07:00) ~. Oussama Badge ID: r" Evidence Record Accessed. Client IP Address: 2.50.37.15 Username: 69 06 May 2014 05:30:56 (-07:00) Oussama Badge ID: 1W Evidence Record Streamed. Client IP Address: 2.50.37.15 Username: 70 11 Jun 2014 20:57:34 (-07:00) Account, Temp (Badge Evidence Record Accessed, Client IP Address: 71.211.111.61 Usemame: 1111111111p� 71 11 Jun 2014 20:57:46 (-07:00) Account, Temp (Badge iD: 4111111111111111 Evidence Record Streamed. Client IP Address: 71.211.111.61 Username: 11111gonNOW 72 12 Jun 2014 14:55:38 (-07;00) Account, Temp Badge ID: tW Evidence Record Accessed. Client IF Address: Usemame: 173.226.125.243 73 12 Jun 2014 14:55:51 (-07:00) Account, Temp (Badge ID: ON" Evidence Record Streamed. Client IP Address: Username:ogw t 173.226.125.243 74 12 Jun 2014 14:56:58 (-07:00) Bad �, Fge ID: Evidence Record Accessed, Client IP Address: Username:a61an 173.226.125.243 75 12 Jun 2014 14:57;17 (-07:00) Fhian Badge ID: UVj Evidence Record Streamed. Client IF Address: Usemame: f 173.226.125.243 76 09 Jul 2014 09:38:12 (-07:00) account, temp (Badge ID: IMW Evidence Record Accessed. Client IP Address: 172.56.5.220 Usemame: r 77 09 Jul 2014 09:38:30 (-07:00) account, temp (Badge 1D: Evidence Record Streamed. Client IP Address: 172.56.5.220 Usemame: Irk 78 10 Jul 2014 07:02:39 (-07:00) Account, Tem Bad ID: to Evidence Record Accessed. Client IP Address: 75.141.57.228 Usemame: 79 10 Jul 2014 07:02:58 (-07:00) Account, Temp (Badge ID: Evidence Record Streamed. Client IP Address: 75.141.57.228 Username: WNWEl 80 10 Jul 2014 07:05:06 (-07:00) Account, Temp (Badge ID:4MI'f Evidence Record Accessed. Client IP Address: 75.141.57.228 Usemamewwobnow" 81 10 Jul 2014 07:09:28 (-07:00) account, temp Badge ID: Evidence Record Accessed. Client IP Address: 208.54.44,198 Username: 82 10 Jul 2014 07:09:43 (-07:00) account, tem Bad a ID: OW Evidence Record Streamed. Client IP Address: 208.54.44.198 Username: 83 10 Jul 2014 07:22:32 (-07:00) account, temp Bad a ID: 011111MO Evidence Record Accessed. Client IP Address: 208.54.44.198 Username: 84 14 Jul 2014 09:21:45 (-07:00) Account, Temp (Bad a ID:+G" Evidence Record Accessed. Client IP Address: 64.129.145.82 Usemame: I 65 14 Jul 2014 09:21:51 (-07:00) Account, Temp Badge ID: Evidence Record Streamed. Client IP Address: 64.129.145.82 Username; 86 15 Jul 2014 09:53:02 (-07:00) 11IONIIIIIIIIIIIIIIIiiiiFablan (Badge ID: loll Evidence Record Accessed- Client IP Address: 50.84.226.194 Usemame: 87 15 Jul 2014 09:53:12 (-07:00) INNIlWabian (Badge ID: Ute* Evidence Record Streamed. Client IP Address: 50.84.226-194 Username:�lrlttb 88 15 Ju( 2014 12:48:58 (-07:00) Account, Temp (da a to: �� Evidence Record Added to Case'd782-d' Username: 89 15 Jul 2014 13:38:36 (-07:00) Account, Temp (Badge ID: ON" Evidence Record Accessed. Client 1P Address: 50.84.226.194 Username 90 15 Jul 2014 13:38:44 (-07:00) Account, Temp (Badge ID: !IWI Evidence Record Streamed. Client IP Address: 50.84.226.194 Username: Iewooft, 91 15 Jul 2014 13:41:02 (07:00) Account, Tamp (Badge ID: 000 Video Clip Added: Username: Ind "Redaction Masks" (00:00:00 to 00:04:20) 92 15 Jul 2014 14:34:44 (-07:00) 4MOW, Fabian (Badge ID: Wapillim9ft Evidence Record Accessed. Client IF Address: 50.84.226.194 Usemame: Page 434 of 733 # Dale Tlme User Activity 93 15 Jul 2014 14:34:56 (-07:00) Fabian (Badge ID: [ Evidence Record Downloaded; Snternal Reco(cl ID: Usemame:0 F ILE:8F6696533A9E4E82A0 D224509D0 E55SA@54716 D8A AFBB4F1D8D69DC6026D6B53C Client IP Address: 50.84.226.194 94 29 Avg 2014 11:14:33 (-07:00) Ba MENW, Fdge ID: moi) Evidence Record Accessed. Client IF Address: Username:abian 74206.119.250 95 29 Aug 2014 11:15:34 (-07:00) V�, Fabian Badge ID:111115IMM Evidence Record Accessed. Client IF Address: Username: MqMM 74.206.119.250 96 29 Aug 2014 11:22:13 (-07:00) �Fabian Sedge ID: �) Evidence Record Accessed. Client IP Address: sl ername: 74.206.119.250 97 29 Aug 2014 12:31:38 (-07:00) �, Fabian B dge ID: WONEW Evidence Record Accessed. Client IP Address: Username: 74.206.119.250 98 29 Aug 2014 12:32:43 (-07:00) jb~ Fabian (Badge ID: lllj� Shared with Iyahoo.com. Share expires on "07 Usernarmid8lil 28 Sep 2014 1232 420( 0 99 06 Oct 2014 12:45:54 (-07:09) Nom, Fabian (Badge ID: Evidence Record Accessed, Client IP Address: Usemame:IIjhMWjmj 74.206.119.246 Page 435 of 733 DEMC Scottsdale, AZ, US Documen! generated: 06 Oct 2014 - 12:59.52 -07:00 by Marrero, Fabian(UwypwGk) EVIDENCE AUDIT TRAIL Evidence Source Case ID Date Device Type Taser X26P Categories Training Demo Device Name 2ZX1200D2 Title TASER Y26P Device Log Serial Number ZZX1200D2 13:54:12 (-07:00) System Other SYNC Recorded 19 May 2013 13:54:11 System Evidence Upload Completed Successfully, Uploaded 19 May 2013 13:54:11 Usage System Uploader it Fabian (Badge ID: Wooppillill" 19 May 2013 13:54:14 (-07:00) Evidence ID 83B6F5871BAF4l3CC8D9FD7C1F7FE889B Page views 2 14:06;44 (-07:00)Fabian (Badge ID: jilimplIEW se wn.. FMarrero File downloads 7 19 May 2013 14:06:57 (-07:00)I Vldeo playbacks Reassigned to Account, Temp (Badge ID: 0001) 8 19 May 2013 Last Viewed Or (Badge to: semame: FMarrero Reassigned to ECom, Admin (Badge ID: 00000) 9 11 Jul 2013 06 Oct 2014 12:59:51 Account, Temp (Badge Usemame: Category'Training Demo' Addad Downloaded On 11 Jul 2013 # Date Time User Activity 1 19 May 2013 13:54:11 (-07:00) System Evidence Record Creaied 2 19 May 2013 13:54:12 (-07:00) System Evidence Upload Compleled Successfully, 3 19 May 2013 13:54:12 (-07:00) System Evidence Upload Completed Successfully, 4 19 May 2013 13:54:13 (-07:00) System Evidenoe Upload Completed Successfully. 5 19 May 2013 13:54:14 (-07:00) rAnfflftFabian (Badge ID:*Ug~ Username: FMarrero Evidence Record Accessed. Client IP Address: 74.206.119.254 6 19 May 2013 14:06;44 (-07:00)Fabian (Badge ID: jilimplIEW se wn.. FMarrero Reassigned to ECom, Admin (Badge ZD: 00000) 7 19 May 2013 14:06:57 (-07:00)I Fabian (Badge ID:�) semame: FMarrero Reassigned to Account, Temp (Badge ID: 0001) 8 19 May 2013 14:07:12 (-07:00)abian (Badge to: semame: FMarrero Reassigned to ECom, Admin (Badge ID: 00000) 9 11 Jul 2013 15:52:03 (-07:00) Account, Temp (Badge Usemame: Category'Training Demo' Addad 10 11 Jul 2013 15:58:52 (-07:00) Account, Tamp (Badge ID:110" Usemame: Reassigned to account, temp (Badge ID: 0008) 11 06 Oct 2014 12:59:14 (-07:00)Fabian (Badge ID: Ljonlift rsem. me: Evidence Record Accessed. Client IP Address : 74.206.118.246 Page 436 of 733 `iiii Fabian C'-1VI"c_e C:c: -r--(" n Badge: Associated 74.206.119-246 06 Oct 2014 IPS 66.194.242.246 Docement generated. 96 Oct 2014 - 72:56:31 -07:00 byMOMM, Fabian 06 Oct 2014 208.54.70.184 Successful Login �� 74.206.119.253 173.226.125.243 10:43:36 (-07:00) Failed Login 74.206.119250 06 Oct 2014 09:37:06 (-07;00) 50.84.226.194 64.129.145.82 5 02 Oct 2014 74.206.119.248 Successful Login 6 208.54.44.198 USER AUDIT TRAIL p Date Time Activity 1 06 Oct 2014 12:43:41 (-07:00) Successful Login 2 06 Oct 2014 10:43:46 (-07:00) Successful Login 3 06 Oct 2014 10:43:36 (-07:00) Failed Login 4 06 Oct 2014 09:37:06 (-07;00) Successful Login 5 02 Oct 2014 15:47:11 (07:00) Successful Login 6 02 Oct 2014 06:22:52 (-07:00) Password Reset 7 28 Sep 2014 14:48:01 (-07:00) Successful Login 8 23 Sep 2014 15:38:11 (-07:00) Successful Login 9 23 Sep 2014 15:35:11 (-07:00) Successful Login 10 23 Sep 2014 15:35:06 (-07:00) Failed Login 11 23 Sep 2014 15:32:07 (-07:00) Successful Login 12 22 Sep 2014 14:27:20 (-07:00) Successful Login 13 22 Sep 2014 14:02:35 (-07:00) Successful Login 14 19 Sep 2014 16:03:10 (-07:00) Successful Login 15 19 Sep 2014 15:39:17 (-07:00) Failed Login 16 12 Sep 2014 16:22:39 (-07:00) Successful Login 17 12 Sep 2014 16:22:33 (-07:00) Failed Login 18 12 Sep 2014 16:18:32 (07M) Successful Login 19 12 Sep 2014 16:07:58 (-07:00) Successful Login 20 09 Sep 2014 15:18:58 (-07:00) Failed Login 21 09 Sep 2014 15:18:52 (-07:00) Failed Login 22 09 Sep 2014 15:16:50 (-07:00) Failed Login 23 09 Sep 2014 15:16:34 (-07:00) Failed Login 24 08 Sep 2014 10:47:32 (-07:00) Failed Login 25 08 Sep 2014 10:46:56 (-07:00) Failed Login 26 08 Sep 2014 10:45:27 (07:00) Successful Login 27 05 Sep 2014 12:54:35 (-07:00) Failed Login 28 03 Sep 2014 16:40:36 (-07:00) Successful Login 29 03 Sep 2014 16:40:32 (-07:00) Failed Login 30 03 Sep 2014 16:40:32 (-07.00) Failed Login Page 437 of 733 q Date Time Activity 31 03 Sep 2014 16:37:40 (-07:00) Successful Login 32 02 Sep 2014 10:02:30 (-07:00) Successful Login 33 29 Aug 2014 12:45:25 (-07:00) Successful Login 34 29 Aug 2014 12:28:45 (07:00) Successful Login 35 29 Aug 2014 12:28:37 (-07:00) Failed Login 36 29 Aug 2014 11:18:05 (-07:00) Rhe assignments changed 37 29 Aug 2014 11:15:17 (-07:00) Successful Login 38 29 Aug 2014 10:58:14 (-07:00) Successful Login 39 29 Aug 2014 10:58:03 (-07:00) Failed Login 40 29 Aug 2014 10:52:03 (-07:00) Successful Login 41 29 Aug 2014 10:51:49 (-07:00) Password Reset 42 29 Aug 2014 10:51:08 (-07:00) Failed Login 43 28 Aug 2014 14:18:02 (-07:00) Failed Login 44 20 Aug 2014 09:00:15 (-07:00) Failed Login 45 13 Aug 2014 10:54:32 (-07:00) Successful Login 46 13 Aug 2014 10:54:14 (-07:00) Password Reset 47 13 Aug 2014 10:52:51 (-07:00) Failed Login 48 13 Aug 2014 10:52:43 (-07:00) Failed Login 49 12 Aug 2014 09:36:53 (-07:00) Failed Login 50 12 Aug 2014 09:38:46 (-07:00) Fa4ed Login 51 12 Aug 2014 09:38:45 (-07:00) Failed Login 52 11 Aug 2014 16:00:18 (-07:00) Failed Login 53 08 Aug 2014 15:16:22 (-07:00) Successful Login 54 08 Aug 2014 15:16:10 (-07:00) Password Reset 55 08 Aug 2014 15:15:05 (-07:00) Failed Login 56 08 Aug 2014 15:14:47 (-07:00) Failed Login 57 08 Aug 2014 13:52:05 (-07:00) Successful Login 58 08 Aug 2014 13'51'57 (-07:00) Failed Login 59 08 Aug 2014 13:51:49 (-07:00) Failed Login 60 05 Aug 2014 15:02:20 (-07:00) Successful Login 61 05 Aug 2014 10:35:34 (-07:00) Successful Login 62 23 Jul 2014 16:30:25 (-07:00) Successful Login 63 23 Jul 2014 16:30:22 (-07:00) Failed Login 64 15 Jul 2014 14:34:39 (-07:00) Successlul Login 65 15 Jul 2014 14:34:24 (-07:00) Failed Login 66 15 Jul 2014 11:51:26 (-07:00) Successful Login 67 15 Jul 2014 09:31:26 (-07:00) Successful Login 68 15 Jul 2014 09:30:46 (-07:00) Fallad Login % 15 Jul 2014 09:30:22 (-07:00) Failed Login Page 438 of 733 Page 439 of 733 mm wwwo an 4 "Elmo m wo 'I— m 0 C o E cn m 0 Edi Z >, yo CL z X > 0 'I— m 0 C NO o E cn m 0 Edi NO o Z 0 ui -0 u cr— 0 NO 0 rl- LO cu a_ v V) J l!l Z � � c r f6 V Q = o =- Q U U � QV W V) Cie) �o � o 0 a u a� a� LL 0 rl- LO cu a_ 0 Q� Colo) Q � C= c� W ° V v Z Q J O C=M3 WE Ln CD E CD O Q Ln E U O H. Ln b.0 Ln Ln V O u Q) v Lu Ln v E m U 4— O O U ru V) ro 4J Z cY) cY) 0 rl- a� ca a_ � I I I Q C) O O O x O r,14 0 -Lr)- C14O R�r V ' r lr! cY) cY) 0 rl- a� ca a_ P, m o cm� f W o W � 0 W Q M M 0 rl- 00 a� M /' a_ 0 E L=M smopp"I ff.ff Ah I '77� a 17� Ul) � M 9 Ls 79m�� -1.1-- ---------- C!, IM 0 iD 0 CS C� 6 6 0 U 0 Lu Liu rN LL L Lq O 4- -+C C: ra C O an V) bo E o 4J L t L V C a) r0 bA U V1 QJ Q7 co _C C C 7� Ln L LU L j t Q a --I v -o (D j O ami O a :2 ru o o Ln o Z) { O Ln _0 o co O O O Ln M 4- E Q � Q W Q� 0Q00 ® oo n� 0 00 o 000 C) C) N C) m Lf) (01% N N VIV o� Co (D ® �p cr) N x Qo c� CD 0 (1) Cl Mo cY) cY) ti 0 LO cu a_ WWI• I LL 7-d . . ........... CLU ill u Lu r y Lu Lu crm ol WWI• I LL 7-d . . ........... LA -1 71ria fi I 9 2 I CLU ill u Lu r y Lu Lu LA -1 71ria fi I 9 2 I cm W Q H COO) J Q Z CD Q Z W H Z 0 ` v W Y lv ",- t ro G C7 p V) M M Opl- LO LO N (B 0- c � r°s. In 73 4 0 LLJ a ra � If, a g ma o Ln W�. Ln Q V) 01, r- rt7 V"'... _ Lq „pry y,� CUw Ln di M ¢a — r1 LLA Ln LU ov m dY x,. .. T7 F q-FuJ �� F :, C lu uj U. q, M Z Ln w c � r°s. ZJ J W O3� � J J Q u 0 rl- rl- LO cu >- �d � dJ MO 0 o O Lnz z � > o ao =< LLJ C-Dz w C w o < ,— w cn CY J w UJ F - Q LJJ ry H LW 0 ma � N CDU w M Q O O U O U � � o = Z � Q ou 0 rl- rl- LO cu 4— O Q L 0 � 2 b Q) O L bjDo L (� r o U O 00 ago tA y ofd oxm LU LL L Q� L O CL O O W � `~ O U O U U 4. RFP #151489 Page 460 of 733 Page 461 of 733 CITY OF TUCSON REQUEST FOR PROPOSAL REQUEST FOR PROPOSAL NUMBER: 151089 PROPOSAL DUE DATE: OCTOBER 20, 2014 AT 4:00 P.M. LOCAL AZ TIME PROPOSAL SUBMITTAL LOCATION: Department of Procurement 255 W. Alameda, 6h Floor, Tucson, AZ 85701 MATERIAL OR SERVICE: BODY WORN CAMERAS AND STORAGE SYSTEM PRE -PROPOSAL CONFERENCE DATE: TIME: LOCATION CONTRACT OFFICER TELEPHONE NUMBER OCTOBER 3, 2014 9:00 A.M., LOCAL AZ TIME CITY HALL, PROCUREMENT CONFERENCE RM. 255 W. ALAMEDA, 6'N FL. TUCSON, AZ GILLIAN B. NEEDHAM (520) 837-4132 GILLIAN.NEEDHAM@tucsonaz.gov A copy of this solicitation and possible future amendments may be obtained from our Internet site at: http://www.tucsonprocurement.com/ by selecting the Bid Opportunities link and the associated solicitation number. The City does not mail out Notices of available solicitations via the U.S. Postal Service. Email notifications are sent to those interested offerors who are registered with us and who have selected email as their preferred delivery method. To register, please visit www.tucsonprocurement.com, click on Vendors, then click on Vendor Registration. To update an existing record, click on Vendors, click on What's New?, and read the section titled "Notice of Solicitations." You may also call (520) 791-4217 if you have questions. Competitive sealed proposals for the specified material or service shall be received by the Department of Procurement, 255 W. Alameda, 6th Floor, Tucson, Arizona 85701, until the date and time cited. Proposals must be in the actual possession of the Department of Procurement at the location indicated, on or prior to the exact date and time indicated above. Late proposals shall not be considered. The prevailing clock shall be the City Department of Procurement clock. Proposals must be submitted in a sealed envelope. The Request for Proposal number and the offeror's name and address should be clearly indicated on the outside of the envelope. All proposals must be completed in ink or typewritten. Questions must be addressed to the Contract Officer listed above. ****ALERT**** The City of Tucson has implemented additional security procedures in City Hall. All visitors will be required to enter only through the north side doors facing Alameda Street. When attending a meeting or delivering a solicitation response to City Hall, please allow ample time to go through the security screening process. Visitors will be required to do the following: • Pass through metal detectors / security wands; • Purses and bags will be searched by security personnel; • Obtain a visitor's pass. GN/cq Updated 0312014 Page 462 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 151088 255 W. ALAMEDA. 6TH FLOOR, TUCSON, AZ B5701 PAGE 2 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PFI: (520) 837-41321 FAX: (520) 791-4735 INTRODUCTION The Tucson Police Department is a large agency of approximately 950 sworn officers serving a diverse community of over 600,000. The department has a history of progressive thinking and adapting to the ever changing law enforcement environment. As technology evolves, the department is faced with challenges not previously seen in the world of policing. The Tucson Police Department must take advantage of proven technology in the fast growing market of body worn cameras to better serve our community. The City of Tucson intends to purchase Officer Worn Cameras for several divisions who have a high level of daily interaction with the public. The intention of the Police Department is to make multiple purchases as funding becomes available. The Police department is open to any placement of the camera, method of recording and evidence storage. SCOPE OF WORK A. GENERAL REQUIREMENTS 1. CURRENT PRODUCTS: All products being offered in response to this solicitation shall be in current and ongoing production, shall be formally announced for general marketing purposes, shall be a model or type currently functioning in a user environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation. 2. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification. 3. DESCRIPTIVE LITERATURE: All offers must include complete manufacturers' descriptive literature regarding the product they propose to furnish. Literature shall have sufficient detail in order to allow a complete evaluation of the offer submitted 4. EQUIPMENT AND RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the Contract Representative(s). It shall be the responsibility of the contractors to ensure that all recall notices are sent directly 3. KEY PERSONNEL: It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Contract_ The Contractor must agree to assign specific individuals to the key positions. The Contractor agrees that, once assigned to work under this Contract, key personnel shall not be removed or replaced without written notice to and subsequent concurrence by the City. If key personnel are not available for work under this Contract for a continuous period exceeding thirty calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications. 6. SAMPLES AND DEMONSTRATIONS: Product demonstrations will be conducted as part of the evaluation process. Offerors who are invited to participate in a product demonstration will be required to provide 5 units to the City within 7 days of notification for testing purposes. Product will be tested for approximately3 weeks. Samples shall be an exact and true representative sample of the actual product offered. Each sample shall be properly tagged or labeled with the name of the Offeror and manufacturer, the due date, and the solicitation number. Samples shall be provided at no additional costs to the City. Samples will be returned to the Offeror. 7. WARRANTY: Offeror shall warrant that all equipment and parts furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor's liability as stated herein. Page 463 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 B. TRAINING REQUEST FOR PROPOSAL NO. 151089 PAGE 3 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837.4132! FAX: (520) 791.4735 1. The Contractor shall provide the City with primary training for each basic unit of equipment purchased. This training shall be adequate to equip a typical equipment operator in order to ensure proper operation and utilization of the equipment supplied. Any manuals necessary to perform the required training shall be furnished by the Contractor. 2. The Contractor shall provide a "train -the -trainer" program for the operation and use of the equipment. 3. The Contractor shall provide training for technical staff for maintenance, troubleshooting and changing of components in need of repair. C. REPORTING In Appendix A, Offeror shall provide examples of all standard reports. Offeror's proposed system shall have the following reporting abilities: 1. Ability to produce comprehensive management reporting for all areas within the organizational process. Comply: YesFNo Exception: 2. Ability to produce both standard and ad hoc reports. Comply: Yes No Exception: 3. Ability to allow for the use of standard statistical packages so that research and analysis can take place. Comply: Yes_ No Exception: 4. Ability to design and implement both on-line ad hoc queries and batch reporting programs as required by user. Comply: Yes_ ____ No Exception: 5. Ability for report generator to allow user to select data, choose fields, and create calculated fields. Comply: YesNo Exception: 6. Ability to extract data to another tool, such as EXCEL or a report writer. Comply: Yes, No Exception: D. FUNCTIONAL HARDWARE REQUIREMENTS Offeror's proposed hardware shall offer the following features: 1. Provision of a lightweight unit that must not interfere with normal police operations. Comply: Yes No Exception: 2. Ability to detach camera to maximize the actual view seen by the user. Comply: Yes � _ No Exception: Page 464 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 4 OF 22 CONTRACT OFFICER: GILLIAN B, NEEDHAM PH: (520) 837-41321 FAX: (520) 791-4735 3. Ability to capture audio from multiple parties of a conversation or sound/speech from a reasonable distance, not just that of the user. Comply: Yeses. No Exception: 4. Ability to produce a recording that reflects what the officer was seeing and hearing during the event. Comply: Yes X No Exception: 5. Ability to provide hardware that must be user-friendly with simple activation. Comply: Yes - I No Exception: 6. Ability to access the record button by officers wearing gloves while preventing unwanted activation. Comply: Yeses No Exception: 7. Ability for an illuminated record indicator on the unit visible to the user. Comply: Yes No Exceptio 8. Ability to disable the illuminated record indicator on the unit. Comply: Yes,,_ No Exception: 9. Ability for pre event recording capability with the option to disable it. Comply: Yes( No Exception.- 10- xception: 10_ Ability for a privacy mode (complete oft) that prevents pre -event recording. Comply: Yeses Na Exception: 11. Ability for a rechargeable battery that is end-user replaceable. Comply: Yes No Exception: Ilse A- ' 6W k "%�O4P rO-Wa t 12. Ability for the baitery to last through a working shift o at least 12 ours. O t PiLc. :3 Comply: Yes No Exception: 13. Ability for an internal digital storage that can accommodate multiple video recordings with the capacity to hold data for one work shift of at least 12 hours. Comply: Yes No Exception: 14. Ability to maintain consistent audio/visual recording quality while subject to interference from the following sources. • High powered radio frequency transmissions • Other radio frequency interference (including UHF, VHF, an HF transmitters) • Automobile alternator, ignition, and electrical systems • Fan motors from automobile heaters and air conditioners • Other patrol vehicle electrical systems to include radios, emergency lights, sirens, mobile data computers, and speed measuring devices • High voltage power line, traffic signals, neon signs, etc. Com I :Yes No_ Exception: d - t p y — �* Page 465 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. AL AMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 5 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 8374132! FAX: (520) 7914735 15_ Ability for a unit that does not generate electromagnetic interference or radiation that interferes with communications of other electronic equipment used by officers. Comply: Yeses_ No Exception: 16. Ability to operate within the range of temperatures from 0-120 degrees Fahrenheit while being exposed to humidity. Comply: Yeses No Exception: 17. Ability to provide a camera and lens that is equipped with auto focus, automatic exposure, and automatic white balance. Comply. Yes No X Exception: 18. Ability to adjust auto focus, automatic exposure, and automatic white balance at an administrative level. Comply: Yes Nom Exception: 19. Ability to provide a camera with a minimum field of view of 40 degrees. Comply Yes_ No Exception: E. SOFTWARE TECHNICAL REQUIRMENTS 1. Camera must be compatible with Win7 and Win8, Including IE8 andabov�. Comply: Yeses_ No Exception:rScte . 2. All required applications must be available for 32-bit or 64-bit operating systems_ Comply: Yes No Exception: 3. Ability to provide a warning message when the Hard Disk Drive (HDD) fills to 95% of its capacity. If the HDD is full, then the system shoutd stop accepting new data. Comply: Yes No Exception: 4. Ability to upgrade firmware/software that should be straightforward and should not require any connection to the internet. Comply: Yes—)( No Exception: rA< - �- be, C tC p F. PORTAL CAPABILITY t AV. - 1. Provide single sign -on to the total system, and all its component parts based on person's role. Comply: Yes " No Exception: 2. Ability to customize which objects are displayed on the portal entry. Comply: Yes No Exception: Page 466 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 3. Ability to add other applications to this portal. REQUEST FOR PROPOSAL NO. 151089 PAGE 6 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837-4132! FAX: (520) 791-4735 Comply: Yes �� No Exception,_ a t�.r ��"fit.@,�X-1 G. VIDEO? f 4�s�� 1. Ability to ensure that the evidence is appropriate for use in court. It is desirable that the unit should record and play video and audio data in the same format — without any loss of data through compression and replay options. Comply: Yeses No Exception: 2. Ability to meet Federal and State and local laws that reference disclosure requirements. it is also desirable that the video/audio record and replay format is a common 'industry standard' format that will be available to the vast majority of defense solicitors through universally available, computer software. Comply: Yes_" No Exception: 3. Ability to provide a system that consists of a recording device linked to a camera and microphone. It will be capable of being operated by one person and will be worn in such a way as to allow the user to retain full mobility and to keep both hands free. It is intended as an overt recording system and full or partial concealment is not required. Comply: YesNo Exception: 4. Ability to record in a non-proprietary, standard file format to enable replay on domestic DVD players and computers (PCs and Macs) without conversion. The recording device should not permit the editing or deletion of recordings. Comply: Yes No Exception: 5. Ability for each recorder to have a unique serial number. Comply: Yes_ No Exceptio H. IMAGE QUALITY 1. Ability to record 30 frames per second. Comply: Yes_ No Exception: 2. Ability to record at a minimum of VGA (1024 x 768) resolution. Comply: Yeses No Exception: 3. Ability to provide quality recording, such that an individual should be recognizable up to a distance of 7m from the camera. Comply: Yes No Exception: Page 467 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 7 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837-01321 FAX: (520) 791 A735 INSTRUCTIONS TO OFFERORS DEFINITION OF KEY WORDS USED IN THE SOLICITATION: For purposes of this solicitation and subsequent contract, the following definitions shall apply: City: The City of Tucson, Arizona Contract: The legal agreement executed between the City and the Contractor/Consultant. The Contract shall include this RFP document incorporated herein by reference, all terms, conditions, specifications, scope of work, Amendments, the Contractor's offer and negotiated items as accepted by the City. ContractorlConsultant: The individual, partnership, or corporation who, as a result of the competitive solicitation process, is awarded a contract by the City. Contract Representative: The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this Contract. Director of Procurement: The contracting authority for the City, authorized to sign contracts and amendments thereto on behalf of the City. May: Indicates something that is not mandatory but permissible. Offeror: The individual, partnership, or corporation who submits a proposal in response to a solicitation. Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements, if they constitute a substantive requirement, may, at the City's sole discretion, result in the rejection of a proposal as non-responsive. Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information. 2. PRE -PROPOSAL CONFERENCE: If scheduled, the date and time of a Pre -Proposal conference is indicated on the cover page of this document. Attendance at this conference is not mandatory. Written minutes and/or notes will not be available, therefore attendance is encouraged. If an Offeror is unable to attend the Pre -Proposal Conference questions may be submitted in writing. Offerors are encouraged to submit written questions, via electronic mail or facsimile, at least five days prior to the Request for Proposal due date to the Contract Officer listed above. The purpose of this conference will be to clarify the contents of this Request for Proposal in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements of this Request for Proposal or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and may issue a written amendment to the Request for Proposal. Oral statements or instructions will not constitute an amendment to this Request for Proposal. 3. INQUIRIES: Any question related to the Request for Proposal shall be directed to the Contract Officer whose name appears above. An offeror shall not contact or ask questions of the department for whom the requirement is being procured. The Contract Officer may require any and all questions be submitted in writing. Offerors are encouraged to submit written questions via electronic mail or facsimile, at least five days prior to the proposal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Proposal number, page and paragraph number. An envelope containing questions should be identified as such, otherwise it may not be opened until after the official proposal due date and time. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written amendment to the Request for Proposal will be binding. 4. AMENDMENT OF REQUEST FOR PROPOSAL: The Offeror shall acknowledge receipt of a Request for Proposal Amendment by signing and returning the document by the specified due date and time. 5. FAMILIARIZATION OF SCOPE OF WORK: Before submitting a proposal, each offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of a proposal will constitute a representation of compliance by the Offeror. There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, for lack of such familiarization. 6. PREPARATION OF PROPOSAL: A. All proposals shall be on the forms provided in this Request for Proposal package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered. B. At a minimum, your proposal should include the signed Offer and Acceptance form, signed copies of any solicitation amendments, completed Price Page and your response to all evaluation criteria. Page 468 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 8 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837-0132/ FAX: (520) 791A735 C. The Offer and Acceptance page shall be signed by a person authorized to submit an offer. An authorized signature on the Offer and Acceptance page, Proposal Amendment(s), or cover letter accompanying the proposal documents shall constitute an irrevocable offer to sell the good and/or service specified herein. Offeror shall submit any additional requested documentation, signifying intent to be bound by the terms of the agreement. D. The authorized person signing the proposal shall initial erasure, interlineations or other modifications on the proposal. F. In case of error in the extension of prices in the proposal, unit price shall govern when applicable. F. Periods of time, stated as a number of days, shall be in calendar days. G. It is the responsibility of all offerors to examine the entire Request for Proposal package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing a proposal confers no right of withdrawal after due date and time. H. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation. I. Offeror must list any subcontractors to be utilized in the performance of the services specified herein. For each subcontractor, details on respective qualifications must be included. 7, PAYMENT DISCOUNTS: Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City's payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods. 8. TAXES: The City of Tucson is exempt from federal excise tax, including the federal transportation tax. PROPOSAL/SUBMITTAL FORMAT: An original and 6 copies (7 total) of each proposal should be submitted on the forms and in the format specified in the RFP. Offerors shall also submit one electronic copy of the proposal on cd, disc or zip disc in MS Office 2003 or .pdf formal. Any confidential information shall be submitted on a separate cd, disc or zip disc. The original copy of the proposal should be clearly labeled "Original" and shall be single -sided, three hole punched and in a binder. The material should be in sequence and related to the RFP. The sections of the submittal should be tabbed, clearly identifiable and should include a minimum of the following sections: the completed Offer and Acceptance Form, all signed Amendments, a copy of this RFP document and the Offeror's response to the Evaluation Criteria including the completed Price Page. Failure to include the requested information may have a negative impact on the evaluation of the offerors proposal. 10. EXCEPTIONS TO CONTRACT PROVISIONS: A response to any Request for Proposal is an offer to contract with the City based upon the contract provisions contained in the City's Request for Proposal, including but not limited to, the specifications, scope of work and any terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language. The provisions of the Request for Proposal cannot be modified without the express written approval of the Director or his designee. If a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee, the contract provisions contained in the City's Request for Proposal shall prevail. 11. PUBLIC RECORD: All proposals submitted in response to this Request for Proposal shall become the property of the City and shall become a matter of public record available for review subsequent to the award notification. 12. CONFIDENTIAL INFORMATION: The City of Tucson is obligated to abide by all public information laws. If an Offeror believes that any portion of a proposal, offer, specification, protest or correspondence contains information that should be withheld, a statement advising the Contract Officer of this fact should accompany the submission and the information shall be so identified wherever it appears. The City shall review all requests for confidentiality and may provide a written determination to designate specified documents confidential or the request may be denied. Price is not confidential and will not be withheld. If the confidential request is denied, such information shall be disclosed as public information, unless the offeror submits a formal written objection. 13. CERTIFICATION: By signature on the Offer and Acceptance page, solicitation Amendment(s), or cover letter accompanying the submittal documents, Offeror certifies: A. The submission of the offer did not involve collusion or other anti-competitive practices. B. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal or State law. C. The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with the submitted offer. Page 469 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 9 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837-4132/ FAX: (520) 791-4735 D. The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract. 14. WHERE TO SUBMIT PROPOSALS: In order to be considered, the Offeror must complete and submit its proposal to the City of Tucson Department of Procurement at the location indicated, prior to or at the exact date and time indicated on the Notice of Request for Proposal page. The Offerors proposal shall be submitted in a sealed envelope. The words "SEALED PROPOSAL" with the REQUEST FOR PROPOSAL TITLE, REQUEST FOR PROPOSAL NUMBER, PROPOSAL DUE DATE AND TIME and OFFEROR'S NAME AND ADDRESS shall be written on the envelope. 15. LATE PROPOSALS: Late proposals will be rejected. 16. OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the proposal due date and time. 17. WITHDRAWAL OF PROPOSAL: At any time prior to the specified solicitation due date and time, an offeror may formally withdraw the proposal by a written letter, facsimile or electronic mail from the Offeror or a designated representative. Telephonic or oral withdrawals shall not be considered. 18. DISCUSSIONS: The City reserves the right to conduct discussions with offerors for the purpose of eliminating minor Irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify an offer and assure full understanding of, and responsiveness to, solicitation requirements. 19. CONTRACT NEGOTIATIONS: Exclusive or concurrent negotiations may be conducted with responsible offeror(s) for the purpose of altering or otherwise changing the conditions, terms and price of the proposed contract unless prohibited. Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors. Exclusive or concurrent negotiations shall not constitute a contract award nor shall it confer any property rights to the successful offeror. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified firm(s). 20. VENDOR APPLICATION: Prior to the award of a Contract, the successful offeror shall register with the City's Department of Procurement. Registration can be completed at htto://www.tucsonprocurement.com/ by clicking on Vendor Services. Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record. 21. CITY OF TUCSON BUSINESS LICENSE: It is the responsibility of the Contractor to have a City of Tucson Business License throughout the life of this contract or a written determination from the City's Business License Section that a license is not required. At any time during the contract, the City may request the Contractor to provide a valid copy of the business license or a written determination that a business license is not required. Application for a City Business License can be completed at http:://www.tucsonaz.govfetax. For questions contact the City's Business License Section at (520) 791-4566 or email at tax -license aatucsonaz.gov. 22. UPON NOTICE OF INTENT TO AWARD: The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract. 23. AWARD OF CONTRACT. Notwithstanding any other provision of the Request for Proposal, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all proposals, or portions thereof; or (3) reissue the Request for Proposal. A response to this Request for Proposal is an offer to contract with the City based upon the terms, conditions and Scope of Work contained in the City's Request for Proposal. Proposals do not become contracts unless and until they are executed by the City's Director of Procurement and the City Attorney. A contract has its inception in the award, eliminating a formal signing of a separate contract. All of the terms and conditions of the contract are contained in the Request for Proposal, unless any of the terms and conditions are modified by a Request for Proposal amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents. 24. PROPOSAL RESULTS: The name(s) of the successful offeror(s) will be posted on the Procurement Department's Internet site at http://www.tu,csongrocurement,c, m/ upon issuance of a Notice of Intent to Award or upon final contract execution. Page 470 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 151089 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 10 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837A132/ FAX: (520) 791-4735 25. PROTESTS: A protest shall be in writing and shall be filed with the Director of Procurement. A protest of a Request for Proposal shall be received at the Department of Procurement not less than five (5) working days before the Request for Proposal due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include: A. The name, address, and telephone number of the protestant; B. The signature of the protestant or its representative; C. Identification of the Request for Proposal or Contract number; D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and E. The form of relief requested. Page 471 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 151089 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 11 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837-41321 FAX: (520) 791-4735 LOCAL PRICE PREFERENCE FOR GENERAL GOODS AND SERVICES The Local Price Preference for general goods and services was adopted on June 12, 2012, by the City of Tucson's Mayor and Council. The preference shall apply to solicitations with a projected contract value between the formal solicitation threshold and one million dollars $1,000,000. In order to receive the applicable local price preference for general goods and services in accordance with Article III, Section 28-39 of the Tucson Procurement Code, firms are required to submit a Local Preference Eligibility Affidavit with their bid or proposal. Local Price Preference for general goods and services will be given as follows: Type A Business - The principal business office of the enterprise (defined as the domestic address on record with the Arizona Corporation Commission [ACC]) is physically located within the Tucson Metropolitan Statistical Area (i.e., within Pima County) and is eligible for a bid price preference of 5%. Type B Business — The principal business office of the enterprise (defined as the domestic address on record with the Arizona Corporation Commission) is physically located outside the Tucson Metropolitan Statistical Area (i.e., within Pima County) but within the State of Arizona and is eligible for a bid preference of 3%. Type C Business — The business operates as a franchise within the Tucson Metropolitan Statistical Area (i.e., within Pima County), is owned (majority share) by a local resident (i.e., within Pima County), and has the right to operate a business that is identified or associated with a franchisor's trademark, or to offer, sell, or distribute goods, services, or commodities that are identified or associated with a franchisor's trademark, and is eligible for a bid preference of 1.5%. In determining the lowest responsive and responsible bid or lowest fee proposal, any offer entitled to a Local Price Preference shall be evaluated by reducing the price(s) of such offer by the appropriate percentage described above. This adjustment shall be solely for the purpose of establishing the apparent low bidder or assigning fee points for proposal evaluation. The actual value of any contract award shall be the amount of the actual offer submitted by the bidder/offeror. Page 472 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 8TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 12 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PK (520) 837-41321 FAX: (520) 791-4735 Local Preference Eligibility Affidavit Solicitation #: Solicitation Title: 3 WAi4�umb I, I, a hereby certify that --- °`V`J Business Owner or Officer (Please Print) Business Name (Please Print) meets the requirements of the Tucson Procurement Code, Article liI, Section 28-39, to receive preference as indicated below for the above -referenced City of Tucson Solicitation . This form must be submitted at time of bid/offer submission. Please select just one: Type A Business - The principal business office of the enterprise (defined as the domestic address on record with the Arizona Corporation Commission [ACCT) is physically located within the Tucson Metropolitan Statistical Area (i.e., Pima County) and is eligible for a bid price preference of 5%. Type B Business — The principal business office of the enterprise (defined as the domestic address on record with the Arizona Corporation Commission) is physically located outside the Tucson Metropolitan Statistical Area (i.e., Pima County) but within the State of Arizona and is eligible for a bid preference of 3%. Type C Business — The business operates as a franchise within the Tucson Metropolitan Statistical Area (i.e., Pima County), is owned (majority share) by a local resident (i.e., Pima County), and has the right to operate a business that is identified or associated with a franchisor's trademark, or to offer, sell, or distribute goods, services, or commodities that are identified or associated with a franchisor's trademark, and is eligible for a bid preference of 1.5%. 1 declare under penalty of perjury under the laws of the State of Arizona that the foregoing is true and correct, and that, if called upon to testify, I will be competent to testify thereto. The City of Tucson has the unilateral right to conduct investigations to confirm eligibility, and the City reserves any and all recourse available to it under Arizona law for failure to provide true and correct information on this Affidavit. In addition, the City may seek suspension and debarment as provided for under the Tu on Procurement Code for failure to provide true and correct information. Signat e Date Owner/Officer Title_ Address ( "� CitylStatelZip f. " P Phone Number Ek Email 11CLSIC C Page 473 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 13 OF 22 CONTRACT OFFICER: GILLIAN S. NEEDHAM PH: (520) 837-41321 FAX: (520) 79IA735 PROPOSAL EVALUATION REQUIREMENTS I. PROPOSAL EVALUATION CRITERIA— (listed in relative order of importance) A_ Method of Approach B. Qualifications & Experience C. Price Proposal REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at a minimum, the following: A. Method of Approach 1. What is the name and current version of the product(s) being proposed (camera, hardware, and software)? 2. How long has each product component/product suite being proposed been on the market and in production status? 3. What are your plans for future releases product and software? 4. Provide a comprehensive list with descriptions and pricing of all supplemental equipment. 5. Provide the City your proposed method of evidence storage. The Police department is open to any method evidence storage. Provide a detailed pricing list of all components required for storage (hardware costs, rates for cloud storage, etc.) 6. Briefly list a three year history of software releases for the product being proposed (include dates, versions, and mayor enhancements for each release). 7. Describe any umbrella portal entrance into the various modules. 8. 9. Provide a list of any additional software required. 10. Provide software and licensing requirements to be included as part of this project. 11. Provide the camera storage capacity. 12. Provide the capacity of the camera memory. 13. Provide the process to get the audiolvideo from the camera/laptop to the server. Is the process automated? If yes, can it be set up to be automated with DIMS? 14. Provide the minimum required memory (RAM). 15. Provide the minimum required processor speed. 16. Provide the recommended network connection for audio/video upload. 17. Provide the minimum network speed. 18. In terms of the overall system design, describe the aspects of control and auditing. The system should not preclude, by way of its own design, the assessment of control aspects, compliance, electronic evidence, vulnerability, and data reliability. 19. Describe the standard training package included with the purchase of the client management software. 20. Provide all standard reports as Appendix A- 21. Provide a detailed description of your training concept and materials? 22. Identify the technical support and assistance that will include, but not be limited to, the following: devices worn by police personnel, docking/charging stations, networking equipment, WAN/LAN connectivity, system software, system upgrades and video retrieval software and procedures. • Provide days and hours that support is available? • Provide methods of support contact? (email, telephone, real time online, etc) • Provide average support call back time? • Provide average problem resolution time? 23. The City desires an aggressive implementation schedule. Please provide your proposed implementation schedule (starting from date of contract award), state the assumptions that are implicit in your implementation timetable (City resources, your resources, third parties, etc.), and list the effect(s) of those assumptions not being met. 24. The City will perform overall project management. Describe what provisions you will make to provide a project manager for your staff who will support overall project objectives and work effectively with the City project manager and staff. 25. Please attach a high-level project schedule, with milestones from each implementation phase. Page 474 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 151089 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 14 OF 22 CONTRACT OFFICER: GILLIAN 6. NEEDHAM PH: (520) 837-41321 FAX: (520) 791A735 26. Describe your approach to project communication, the strategy, the calendar, and responsible parties. B. Qualifications & Experience 1. Please provide a list of all government (or comparable) installations, within the last three years, in metro areas over 250,000 in population, with contact names, positions, e-mail addresses, and telephone numbers. 2. Name, corporate address, and number of years in business under current company organization. 3. Type and number of employees committed to the product and support being proposed. 4. Please provide, as Appendix B, a description of business and development plans for all product and support services proposed in connection with this submission. 5. Briefly describe your own project management methodology. C. Price Proposal�,.�f� 1. Provide price proposal as requested on the Price Page attached herein. 2. As stated in the Instructions to Offerors, 7. Discounts, the price(s) herein can be discounted by %, if payment is made within days. These payment terms shall apply to all purchases and to all payment methods. 3. Cooperative Purchasing Program: Will your firm provide the City of Tucson, as the lead agency on this regional contract, a rebate in the form of a percentage of sales based upon the other agencies sales? Yes No If yes, state proposed percentage: % 4. Will payment be accepted via commercial credit card? Yes No a. If yes, can commercial payment(s) be made online? Yes No b. Will a third party be processing the commercial credit card payment(s)? _Yes No c. If yes, indicate the flat fee per transaction $ (as allowable, per Section 5.2.E of Visa Operating Regulations). d. If "no" to above, will consideration be given to accept the card? Yes No 5. Does your firm have a City of Tucson Business License? Yes No If yes, please provide a copy of your City of Tucson Business license. 111. GENERAL A. 5hortiist: The City reserves the right to shortlist the offerors on all evaluation criteria except price. However, the City may determine that shortlisting is not necessary. B. Interviews: The City reserves the right to conduct interviews with some or all of the offerors at any point during the evaluation process. However, the City may determine that interviews are not necessary. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when evaluating the stated criteria. The City shall not reimburse the offeror for the costs associated with the interview process. C. Additional Investigations - The City reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any offeror submitting a proposal. D. Prior Experience - Experiences with the City and entities that evaluation committee members represent and that are not specifically mentioned in the solicitation response may be taken into consideration when evaluating offers. E. Multiple Awards: To provide adequate contract coverage, at the City's sole discretion, multiple awards may be made. Page 475 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 15 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 8374132/ FAX: (520) 7914735 SPECIAL TERMS AND CONDITIONS COOPERATIVE PURCHASING: Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement are eligible to participate in any subsequent Contract. See http://www.tucsonprocurement.com/coop partners.aspx and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.maricopa.ggKlMaterialsIPubDocuments/SAVE- me,mber�df for a listing of participating agencies. The parties agree that these lists are subject to change. Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The Contractor may negotiate additional expenses incurred as a result of participating agencies' usage of this contract (i.e., freight charges, travel related expenses, etc.). The City shall not be responsible for any disputes arising out of transactions made by others. The Contractor(s) will provide an electronic copy of the complete Contract to the City of Tucson Department of Procurement upon receipt of the Notice of Intent to Award. At the City's request, the successful Contractor(s) may also be requested to provide an electronic copy of the complete Contract to a participating agency. 2. FOB DESTINATION FREIGHT PREPAID: Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection. 3. PRICE ADJUSTMENT: The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year. Any price adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract extension. 4. TERM AND RENEWAL: The term of the Contract shall commence upon award and shall remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for four (4) additional one-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. Page 476 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 151089 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 16 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837-41321 FAX: (520) 791-4735 STANDARD TERMS AND CONDITIONS 1. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City's Director of Procurement. 2. AFFIRMATIVE ACTION: Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII. 3. AMERICANS WITH DISABILITIES ACT: The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act. 4. APPLICABLE LAW: This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the State of Arizona, State law claims shall be brought only in Pima County Superior Court. 5. ASSIGNMENT -DELEGATION: No right or interest in this Contract shall be assigned by the Contractor without prior written permission of the City, and no delegation of any duty of the Contractor shall be made without prior written permission of the City's Director of Procurement. The City shall not unreasonably withhold approval and shall notify the Contractor of the City's position by written notice. 6. CHILDISWEAT-FREE LABOR POLICY: The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance. 7. CLEAN UP: The Contractor shall at all times keep the contract area, including storage areas used by the Contractor, free from accumulation of waste material or rubbish and, prior to completion of the work, remove any rubbish from the premises and all tools, scaffolding, equipment and materials not property of the City. Upon completion of the repair, the Contractor shall leave the work and premises in clean, neat and workmanlike condition. 8. COMMENCEMENT OF WORK: The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives purchase order or is otherwise directed to do so, in writing, by the City. 9. CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the City. Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the City. 10. CONTRACT AMENDMENTS: The Procurement Department has the sole authority to: A. Amend the contract or enter into supplemental verbal or written agreements; B. Grant time extensions or contract renewals, C. Otherwise modify the scope or terms and provisions of the contract. This Contract shall only be modified with the approval of the Department of Procurement. Except in the case of a documented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Procurement Department through a written contract amendment or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City. 11. CONTRACT: The Contract shall be based upon the Request for Proposal issued by the City and the Offer submitted by the Contractor in response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the Request for Proposal. The City reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial non -conformity in the offer, as determined by the City's Director of Procurement, shall be deemed non-responsive and the offer rejected. The Contract shall contain the entire agreement between the City of Tucson and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form. 12. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming Page 477 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 151089 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 17 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837-41321 FAX: (520) 7914735 materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deemed a cause for possible Contract termination. 13. DUPLEXED/RECYCLED PAPER: In accordance with efficient resource procurement and utilization policies adopted by the City of Tucson, the Contractor shall ensure that, whenever practicable, all printed materials produced by the Contractor in the performance of this Contract are duplexed (two-sided copies), printed on recycled paper and labeled as such, 14. EXCLUSIVE POSSESSION: All services, information, computer program elements, reports and other deliverables created under this Contract are the sole property of the City of Tucson and shall not be used or released by the Contractor or any other person except with prior written permission by the City. 15. FEDERAL IMMIGRATION LAWS AND REGULATIONS: Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract. If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E -verify requirements prescribed by A. R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor. 16. FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand -delivered or mailed certified -return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 17. GRATUITIES: The City may, by written notice to the Contractor, terminate this Contract if it is found that gratuities, in the form of entertainment, gifts, meals or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City amending, or the making of any determinations with respect to the performing of such Contract. In the event this Contract is terminated by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity. 18. HUMAN RELATIONS: Contractor shall abide by the provisions of the Tucson City Code Chapter 28, Article XII. 19. INDEMNIFICATION: To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees. If Contractor or any of Contractor's employees are certified to receive a premium tax credit or cost sharing reduction which triggers a §4980H (a) or (b) penalty against the City, the Contractor shall indemnify the City from and shall pay any assessed tax penalty. Page 478 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 151089 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 18 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PK (520) 837-4132/ FAX: (520) 791-4735 20. INDEPENDENT CONTRACTOR: It is understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose. The Contractor shall not be entitled to compensation in the form of salaries, holidays, paid vacation, sick days, or pension contributions by the City. The City of Tucson will not provide any insurance coverage to the Contractor, including Workers Compensation coverage. The Contractor is advised that taxes, social security payments, and other withholdings shall not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses. Contractor is responsible for compliance with the Affordable Care Act for Contractor and any of Contractors employees. 21. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this Contract shall be held at the Contractors risk and may be returned to the Contractor. If returned, all costs are the responsibility of the Contractor. Noncompliance may be deemed a cause for possible Contract termination. 22. INTERPRETATION -PAROLE EVIDENCE: This Contract is intended by the parties to be a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or consent in the course of performance under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or consenting party has knowledge of the nature of the performance and the opportunity to object. 23. LICENSES: Contractor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 24. LIENS: All materials, services, and other deliverables supplied to the City under this Contract shall be free of all liens other than the security interest. Security interest shall extinguish upon full payment made by the City. Upon the City's request, the Contractor shall provide a formal release of all liens. 25. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials must fully comply with all provisions of this Contract. If a tender is made which does not fully comply, this shall conform to the termination clause set forth within this document. 26. NON-EXCLUSIVE CONTRACT: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Tucson. The City reserves the right to obtain like goods or services from another source when necessary. 27. OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the materials or services used to fulfill the Contract. 28. PAYMENT: The City's preferred method of payment is via credit card. The City will issue a Purchase Order and, in some cases, either provide a credit card for payment at the time of ordering or pay subsequent invoices by credit card upon receipt of goods or services in good order. However, not all City employees will possess a credit card and, therefore, the City reserves the right to make payment by check as it deems necessary. Unless payment is made by credit card at time of order or point of sale, a separate invoice shall be issued for each shipment of material or service performed, and no payment shall be issued prior to receipt of material or service and correct invoice. The City shall make every effort to process payment for the purchase of materials or services within twenty-one (21) calendar days after receipt of materials or services and a correct invoice. The Contractors payment terms shall apply to all purchases and to all payment methods. 29. PROTECTION OF GOVERNMENT PROPERTY: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property, the Contractor shall replace or repair the damage at no expense to the City, as determined and approved by the City's Director of Procurement. If the Contractor fails or refuses to make such repair or replacement, the City will determine a cost and the Contractor shall be liable for the cost thereof, which may be deducted from the Contract price. Page 479 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 2551N. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 19 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837-4132/ FAX: (520) 791-4735 30. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be amended to make such insertion or correction. 31. RECORDS: Internal control over all financial transactions related to this Contract shall be in accordance with sound fiscal policies. The City may, at reasonable times and places, audit the books and records of the Contractor and/or any subcontractors. Said audit shall be limited to this Contract. 32. RIGHT TO ASSURANCE: Whenever one party to this Contract has reason to question, in good faith, the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as the other party's intent not to perform and as a cause for possible Contract termination. 33. RIGHT TO INSPECT: The City may, at reasonable times, and at the City's expense, inspect the place of business of a Contractor or subcontractor which is related to the performance of any Contract as awarded or to be awarded. 34. RIGHTS AND REMEDIES: No provision in this document or in the Contractors proposal shall be construed, expressly or by implication, as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim, default or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the Contract, to exercise or delay the exercise of any right or remedy provided in the Contract or by law, or to accept materials or services required by this Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract. 35. SEVERABILITY: The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract which may remain in effect without the valid provision or application. 36. SHIPMENT UNDER RESERVATION PROHIBITED: No tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the termination clause set forth within this document. 37. SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein without the advance written approval of the City's Director of Procurement. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. 38. SUBSEQUENT EMPLOYMENT: The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. Section 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract, on behalf of the City, is or becomes, at any time while the Contract or any extension of the Contract is in effect, an employee of, or a contractor to, any other party to this Contract with respect to the subject matter of the Contract. Termination shall be effective when written notice from the City's Director of Procurement is received by the parties to this Contract, unless the notice specifies a later time. 39. TERMINATION OF CONTRACT: This Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice. The City, at its convenience, by written notice, may terminate this Contract, in whole or in part. If this Contract is terminated, the City shall be liable only for payment under the payment provisions of this Contract for services rendered and accepted material received by the City before the effective date of termination. The City reserves the right to terminate the whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract. The City will issue a written ten (10) day notice of default to the Contractor for acting or failing to act as specified in any of the following: In the opinion of the City, the Contractor provides personnel that do not meet the requirements of the Contract; In the opinion of the City, the Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this Contract; Page 480 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 20 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 837-4132/ FAX: (520) 791-4735 In the opinion of the City, the Contractor attempts to impose personnel, materials, products or workmanship of an unacceptable quality; The Contractor fails to furnish the required service and/or product within the time stipulated in the Contract: In the opinion of the City, the Contractor fails to make progress in the performance of the requirements of the Contract; The Contractor gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the Contract. Each payment obligation of the City created by this Contract is conditioned upon the availability of City, State and Federal funds that are appropriated or allocated for the payment of such an obligation. If funds are not allocated by the City and available for the continued purchase of the services and/of materials provided under this Contract, this Contract may be terminated by the City at the end of the period for which funds are available. The City will endeavor to notify the Contractor in the event that continued service will or may be affected by non -appropriation. No penalty shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph. 40. TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall not pass to the City until the City actually receives the material or service at the point of delivery, unless otherwise provided within this Contract. 41. WARRANTIES: Contractor warrants that all material or service delivered under this Contract shalt conform to the specifications of this Contract. Mere receipt of shipment of the material or service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in this document. Page 481 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 151089 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 21 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PK (520) 837-4132! FAX: (520) 791-4735 PRICE PAGErr�e. Item No. Description Estimated Annual Quantity Unit Price Extended Price 1 Body Worn Camera, as per specification 40 Each $ $ Manufacturer and Model # 2 Software, as per specification 40 Each $ $ Manufacturer and Model # 3 Initial Product Training 40 $ per person $ 4 Train the Trainer program 1 $ per class $ Page 482 of 733 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 151089 PAGE 22 OF 22 CONTRACT OFFICER: GILLIAN B. NEEDHAM PH: (520) 83741321 FAX: (520) 7914735 OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON: The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions, specifications, and amendments in the Request for Proposal which is incorporated by reference as if fully set forth herein. Company Name Name r Address City5'ta Zip Signature o Person Authorized to Sign Printed Name Title For clarification of this offer, contact: Name: A � u Title: is Phone: .. Fax:. ACCEPTANCE OF OFFER 4 The Offer is hereby accepted. The Contractor I's now bound to sell the materials or services specified in the Contract. This Contract shall be referred to as Contract No. Approved as to form this ) day of 1 2014. As Tucson -City AttorneX aM not personally CITY OF TUCSON, a municipal corporation Awarded this � day of Marcheta Gillespie, C.P.M., CPPD, CPPB, CPM As Director of Procurement and not personally Page 483 of 733 Page 484 of 733 TASER International rotect Truth 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: Joe Puglia (520) 791-4467 joe.puglia@tucsonaz.gov Bill To: Tucson Police Dept. - AZ 270 S. Stone Avenue Tucson, AZ 85701 US Ship To: Joe Puglia Tucson Police Dept. -AZ 270 S. Stone Avenue Tucson, AZ 85701 U5 Quotation Quote: Q-18016-1 Date: 9/26/2014 12:09 PM Quote Expiration: 11/3012014 Contract Start Date: 12/1512014 Contract Term: 3 years SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Laurie Bain Ibain@taser.com Fedex - Ground Net 30 'Note this will vary based on the shipment date of the product. . its quote reflects a discount for the upgrade program, based upon the number of units that you have indicated will be destroyed. The Certificate of Destruction, provided by TASER, must be completed and submitted with your signed quote/purchase order to obtain the upgrade credit. The credit is reflected as a reduction to the first year payment or your upfront payment forthe TASER Assurance Plan, due with your hardware purchase. Please see http://www.taser.com/upgrade for current program details. Year 1 --Due Net 30 QTY rjI um P DESCRIPTION UNIT Total Before DISC (S) NET TOTAL PRICE Discount 40 73030 KIT, AXON, FLEX 499.95 USD 19,998.00 USD 0.00 USD 19,998.00 40 73009 COLLARIVE-RSATILEICAP MOUNT, FLEX USD 0.00 USD 0.00 USD 0.00 40 73036 CONTROLLER, HOLSTER, BELT CLIPS, USD 0.00 USD 0.00 USD 0.00 FLEX 40 85074 3 YEAR TASER ASSURANCE PLAN AXON USD 0.00 USD 0.00 USD 0.00 FLEX 7 70026 EVfDENCE.COM, DOCK, SIX CAMERA 1495.00 USD 10,465.00 USD 0.00 USD 10,465.00 BAYS+HUB 7 85091 3 YEAR TASER ASSURANCE PLAN ETM USD 0.00 USD 0.00 USD 0.00 HUB 7 85093 3 YEAR TASER ASSURANCE PLAN ETM USD 0.00 USD 0.00 USD 0.00 6 BAY 40 85079 TASER ASSURANCE PLAN ETM ANNUAL 36.00 USD 1,440.00 USD 0.00 USD 1,440,00 PAYMENT .n 85078 ULTIMATE EVtDENCE.COM ANNUAL 588.00 USD 23,520.00 USD 0.00 USD 23,520.00 PAYMENT 800 85035 EVIDENCE.COM STORAGE USD 0.00 r USD 0.00 USD 0.00 Page 1 of 4 Page 485 of 733 QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC (5) NET TOTAL ] 0 88101 STANDARD EVIDENCE.COM LICENSE: YEAR I PAYMENT 300.00 USD 3,000.00 USD 0.00 USD 3,000.00 100 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 3,200 85035 EVIDENCE.COM STORAGE 1.50 USD 4,800.00 USD 0.00 USD 4,800.00 1 73030 KIT, AXON, FLEX USD 0.00 USD 0.00 USD 0.00 1 73009 COLLARIVERSATILE/CAP MOUNT, FLEX 1.50 USD 0.00 USD 0.00 USD 0.00 1 73036 CONTROLLER, HOLSTER, BELT CLIPS, FLEX 36.00 USD 0.00 USD 0.00 USD 0.00 1 85074 3 YEAR TASER ASSURANCE PLAN AXON FLEX USD 0.00 USD 0.00 USD 0.00 1 85055 PREMIUM PLUS SERVICE 15000.00 USD 15,000.00 USD 7,500.00 USD 7,500.00 Year 1 -Due Net 30 Total: Year 1 --Due Net 30 Net Price: USD 78,223.00 USD 70,723.00 Year 2 --Due 1 Year from Purchase Date QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC (S) NET TOTAL 40 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT 588.00 USD 23,520.00 USD 0,00 USD 23,520.00 800 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 10 88201 STANDARD EVIDENCE.COM LICENSE: YEAR 2 PAYMENT 300.00 USD 3,000.00 USD 0.00 USD 3,000.00 IO 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 3,200 85035 EVIDENCE.COM STORAGE. 1.50 USD 4,800.00 USD 0,00 USD 4,800.00 E211185035 85079 TASER ASSURANCE PLAN ETM ANNUAL PAYMENT 36.00 USD 1,440.00 USD 0.00 USD 1,440.00 Year 2 -Due 1 Year from Purchase Date Total: Year 2 -Due 1 Year from Purchase Date Net Price: USD 32,760.00 USD 32,760.00 Year 3 --Due 2 Years from Purchase Date QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC (S) NET TOTAL 40 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT 588.00 USD 23,520.00 USA 0.00 USD 23,520.00 800 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 10 88301 STANDARD EVIDENCE.COM LICENSE: YEAR 3PAYMENT 300.00 USD 3,000.00 USD 0.00 USD 3,000.00 100 85035 EVIDENCE -.COM STORAGE USD 0.00 USD 0.00 USD 0.00 3,200 85035 EVIDENCE.COM STORAGE 1.50 USD 4,800.00 USD 0.00 USD 4,800.00 40 85079 TASER ASSURANCE PLAN ETM ANNUAL PAYMENT 36.00 USD 1,440.00 USD 0.00 USD 1,440.00 Year 3 -Due 2 Years from Purchase Date Total: Year 3 -Due 2 Years from Purchase Date Net Price: USD 32,760.00 USD 32,760.00 Page 2 of 4 Subtotal USD 136,243.00 Page 486 of 733 Page 3 of 4 Estimated Tax USD 11,193.70 Grand Total USD 147,436.70 Page 487 of 733 Complimentary EAdencc.com Tier Upgrade Through 12131/2014 -his quote contains a purchase of either the Basic or Standard Evidertce.com license. You will temporarily receive the Features available with the Professional .cense for the Basic and Standard licenses purchased until December 31, 2014. This is a free upgrade to your account so you can enjoy all the benefits of aur most feature rich license tier. in January 2015 you will be prompted to select whieh users you would like to go in which tiers. This will have no impact on uploaded data. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER's current Sakes Terms and Conditious for Direct Sales to End User Purchasers for Sales with Financing ifyour purchase involves financing with TASER. If your purchase includes the TASER Assurance Pian (TAP), then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON FlcxTM and AXON BodyT"I Cameras TASER Assurance Plan (U.S. Only) and/or Sales Tenns and Conditions For the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to yourproduct purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions are posted at http1AvA,%v.1nser.contlsales-terins_and _conditions. If your purchase includes AXON hardware and/or EVIDENCE -coin services you are also agreeing to the terms in the EVTDENCE.com Master Service Agreement posted at httpa/www.lstser.comiserviceagrecment14. If your purchase includes Professional Services, yon are also agreeing to the terms in the Professional Serviee Agreement posted at htto.11www.taser.com/ima e� s1supporVdoav�l)oadsldgwplp4dslcvidence�mater'sals2rofessional Services , greemenLpdF, You represent that you arc lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. signature: Date: Name (Print): PO# (if needed): Title: Please sign and email to Laurie Bain at Ibain@taser.corn or fax to THANK YOU FOR YOUR BUSINESS! 'Protect Life' and Q are trademarks of TASER International, Inc., and TASER© is a registered trademark of TASER International, Inc., registered in the U.S. CO 2013 TASER Inlernational, Inc. All rights reserved. Page 4 of 4 Page 488 of 733 Page 489 of 733 e0O N 81 t St 5cof,I�c'at"'A Z (D 85255-9603 October 14, 2014 City of Tucson Department of Procurement 255 W. Alameda, 61b Floor Tucson, Arizona 85701 I oti (480) 99I 0197 • ISS,"r%t¢ 978-2737 i-cx: {4871 94 1:1791 r^v%v.TASrR_.-!7Z RE: EXCEPTIONS/DEVIATIONS TO RFP NUMBER 151089: Body Worn Cameras and Storage System Ms. Gillian B. Needham: Please find below TASER International Inc -'s exceptions to the City of Tucson Request for Proposal: 151089, Due October 20, 2014, TASER International's proposal is contingent upon the following section changes and/or deletions. 1. SCOPE OF WORK-- Page 2, Term 7. WARRANTY: Offeror shall warrant that all equipment and parts furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year forpr• dgc!s and n rte t ° 4 (fir actess"oties from the date the equipment is delivered or installed. 2. SPECIAL TERMS AND CONDITIONS — Page 15, Term 1. COOPERATIVE PURCHASING: Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement are eligible to participate in any subsequent Contract f gwrovt ° b See hftp://www.tuGsonprocurement.com/coop_partners.aspx and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. 3. SPECIAL TERMS AND CONDITIONS — Page 15, Term 4. TERM AND RENEWAL: The term of the Contract shall commence upon award and shall remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for four (4) additional one-year periods or portions thereof *ilh awrovert omit plloa ad)uslnnorts raceived from Cowrar.tor:. 4. STANDARD TERMS AND CONDITIONS —Pace 16, Term 1. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City's Director of Procurement, exue °t for iinanciat re arling objgm ions to tf e qmkactat dilor and lice SIS GovefTi rnen t., 5• STANDARD TERMS AND CONDITIONS — Page 16, Term 9. CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract r xc of for Hiancial rulponiog Oblienflons to Ny oorib"a, t r au§ ilor and lbe US (Soveri",nient, 6. STANDARD TERMS AND CONDITIONS — Page 17, Term 19, INDEMNIFICATION: Page 490 of 733 I /SOON 85#h SI ?hone? (480) 991-0747 • (800) pis -213/ MALIBS E=- FR (D Sc Mt°; 1de, A7 Fax. (4861) 911 0791 85255-9603 wwn TASER C rri To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any nNligent aclion.s, me Irk i i acts, errors, mistakes or wiIj ul omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees.'lhh s tndefnNiy and Iiebilftv �bl£gal.io6? Goes not a ckly to any clalrn arising out ,o( ti ^e d ll rrre tt, use, rrrrtisuse of Ghe Taserprmduct by the Cky, II em,,ogees or agents, I9Nudrne any claims for dam ges and D1qrqrP4 injuries. The 044 agrees 1:0 Munne all risks of loss and alt kahiIlly for any darn ges an pprsora nlurtr vain � � ro eps,4it from D deg ayrn 71,.,us er mrsuse of the `i spsproldocl.. 7. STANDARD TERMS AND CONDITIONS —Page 18, Term 21. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. a fkgrs ,{ �,_ �1 igfr r_ a ,p' tlr1� r�wP,.o�s�o�trlbl f1� ?��?�r��,mll�p �t'�ds shalt oe ��em�r1 �Isp�cted„��d a+ r aputd: If there are any questions or concerns please feel free to contact me by phone at: (480)463-2128 or by email: acolemanTASER.coml Best Regards, Anthony Coleman Contracts & Compliance Manager accleman@taser.com 480-905-2128 Page 491 of 733 Page 492 of 733 ID Task Task Name IDuration Start Finish . e Mode I ........... ... i.. , Tuscon PI) Project 9.25 days Mon 10/27/14 Fri 11/7/14 t Configuration Tasks 5 days Mon 10/27/14 Fri 10/31/14 ffilt I Site survey for ETM installation, test bandwidth 1 day Mon 10/27/14 Mon 10/27/14 4 i ETM registration and configuration 1 day Mon 10/27/14 Mon 10/27/14 5W, Install and test Ecom Docks 1 day Mon 10/27/14 Mon 10/27/14 b _I I Create user accounts in Evidence.com 2 hrs Tue 10/28/14 Tue 10/28/14 7 Inventory, assign, test all Axon devices 1 day Tue 10/28/14 Wed 10/29/14 i t Draft video police created 5 days Mon 10/27/14 Fri 10/31/14 9 I Record/upload test video 1 hr Tue 10/28/14 Tue 10/28/14 10 I „ Install AXON Mobile & Evidence Mobile App (Done at the 1 day Mon 10/27/14 Mon 10/27/14 time of training) Task Split Milestone Summary Project: Tuscon PD Project Plan 2 Project Summary Date: Mon 9/29/14 Inactive Task Inactive Milestone Inactive Summary Manual Task Duration -only Manual Summary Rollup Manual Summary Start -only t: Finish -only 11 External Tasks External Milestone Deadline t Progress V Manual Progress Page 1 Page 493 of 733 Task ITask Name IDuration Start Finish _ Mode 11. iw, Install MDT Application (SYNC) (Done at the time of 1 day Mon 10/27/14 Mon 10/27/14 training) ;w. Draft Deployment Plan created 2 days Mon 10/27/14 Tue 10/28/14 i 13 « EVIDENCE.COM Training 2 days Mon 11/3/14 Tue 11/4/14 14 :_'v Evidence.com Configuration Meeting 2 hrs Mon 11/3/14 Mon 11/3/14 15 Train The Trainer 3 hrs Mon 11/3/14 Mon 11/3/14 _ 16 1mr, Evidence.com Super User Training Session 1 3 hrs Tue 11/4/14 Tue 11/4/14 17 I-.., Evidence Tech Training 1.5 hrs Tue 11/4/14 Tue 11/4/14 18 M, Tuscon PD Go Live Rollout (40 units) 2 days Wed 11/5/14 Thu 11/6/14 19 ; "` Wave 1 Training 1 day Wed 11/5/14 Wed 11/5/14 20 IMP, . Gear Fit and Training - First Shift 3 hrs Wed 11/5/14 Wed 11/5/14 Task Split Milestone Summary Project: Tuscon PD Project Pian 2 Project Summary Date: Mon 9/29/14 Inactive Task Inactive Milestone Inactive Summary Manual Task Duration -only Manual Summary Rollup Manual Summary Start -only i I Finish -only External Tasks External Milestone C Deadline J, Progress I ! Manual Progress Page 2 Page 494 of 733 D ITask Task Name ;Duration Start 'Finish ........ Mode _ ._........_.._ . _. _._ .....-.. – ..- 21 % Gear Fit and Training - Second Shift 3 hrs Wed 11/5/14 Wed 11/5/14 Wave 2 Training 1 day Thu 11/6/14 Thu 11/6/14 23 Gear Fit and Training- First Shift 3 hrs Thu 11/6/14 Thu 11/6/14 24 W41 Gear Fit and Training- Second Shift 3 hrs Thu 11/6/14 Thu 11/6/14 25 ; Make up Training 1 day Thu 11/6/14 Thu 11/6/14 ............ 26 Gear Fit and Training- First Shift 3 hrs Thu 11/6/14 Thu 11/6/14 27 � Gear Fit and Training- Second Shift 3 hrs Thu 11/6/14 Thu 11/6/14 28._n_... t, I Tuscon PD Go Live Complete 0.25 days Fri 11/7/14 Fri 11/7/14 29 AriPost Deployment Meeting 2 hrs Fri 11/7/14 Fri 11/7/14 Task Split Milestone Summary Project; Tuscon PD Project Plan 2 Project Summary Date: Mon 9/29/14 Inactive Task Inactive Milestone Inactive Summary Manual Task Duration -only Manual Summary Rollup Manual Summary Start -only is 1 Finish -only External Tasks External Milestone Deadline 4 Progress Manual Progress Page 3 Page 495 of 733 Sun 10/26 Tue 10/28 Thu 10/30 Sat 11/1 Mon 11/3 Client,TASER Client,TASER Client,TASER Pase 4 Wed 11/5 17 Page 496 of 733 Task Kf', Manual Summary Rollup Split Manual Summary Milestone Start -only Summary I Finish -only Project: Tuscon PD Project Plan 2 Project Summary External Tasks Date: Mon 9/29/14 Inactive Task External Milestone Inactive Milestone Deadline Inactive Summary Progress Manual Task A Manual Progress Duration -only Pase 4 Wed 11/5 17 Page 496 of 733 Sun 10126 1 Tue 10/28 Thu 10/30 Sat 11/1 Mon 11/3 12 12 12 12 12 12 12 12 12 cUent.TASsn 'Ned 11/5 T Page 497 of 733 W Task Manual Summary RoUup Split .^...^^.^'^`^.^". Manual Summary Milestone Start -only Summary Finish -only Project: Tuscon PD Project Plan Project Summary � — —V External Tasks Date: Mon 9/Z9/z4 Inactive Task External Milestone Inactive Milestone Deadline Inactive Summary Progress Manual Task Manual Progress 'Ned 11/5 T Page 497 of 733 W Sun 10/26 1Tue 10/28 Project: Tuscon PD Project Plan 2 Date: Mon 9/29/14 Thu 10/30 Sat 11/1 Mon 11/3 Wed 11/5 12 12 12 12 12 12 12 Task Manual Summary R©llup --- _. Split Manual Summary Milestone Start -only Im Summary Finish -only ]' Project Summary External Tasks Inactive Task External Milestone Inactive Milestone Deadline 4 - Inactive Summary Progress Manual Task o Manual Progress - - Duration -only Page 6 ES Page 498 of 733 Page 499 of 733 Sam 01 Arrests 1 Years 02 Contacts and Detentions 1 Years 03 Criticai Incidents 2 Years 04 Evidence 2 Years 05 Miscellaneous 1 Years 06 Pursuits 1 Years 07 Traffic Stops 1 Years 08 Training; 26 Weeks 09 Use of Force 1 Years Sample Z M Uncategorized Until manually deleted 01. Cold Report 3 Years 02. Consensual Contacts 3 Years 03, Detentions 3 Years 04. Infraction Violation 3 Years OS. Arrest -Misdemeanor or Felony 3 Years 06. Statement -Victim, Suspect or W 3 Years Witness 07. Use of Force Until manually deleted 08. Sick Patron-Iniured Patron 3 Years 09. 245 -Unattended Death -Homicide Until manually deleted Page 500 of 733 Sample 3 NAME Uncategorized Until manually deleted 1. No Action 26 Weeks 2. F. 1, 2 Years 3. Citation, Civil 2 Years 4. Backup *Add Other Cat. 1 Years 5. Citation, Criminal 3 Years 6. Arrest Misd 3 Years 7. Arrest Fel. 10 Years S. Investigation Misd 3 Years 9. Investigation Fel. 10 Years Page 501 of 733 Page 502 of 733 Title: TASER International, Inc.'s Sales Terms and Conditions — Direct Sales to End User Purchasers Department: Legal Version: 6.0 Release Date: 1112212013 TASER International, int.'s Sales Terms and Conditions for Direct Sales to End User Purchasers (Effective November 22, 2013) These Sales Terms and Conditions apply to your purchase of all TASER International, Inc. ("TASER," "we," "us," or "our") products and services purchased directly from us. Products and services sold by us are expressly subject to and conditioned upon the terms and conditions set forth below. By signing a quote, issuing a purchase order, or accepting delivery of the product or service, you accept and are bound to these Sales Terms and Conditions. Any different or additional terms set forth by you, whether in your purchase order or another communication, are expressly objected to and will not be binding on us. Return Policies. All sales are final and no refunds or exchanges are allowed, except as provided by state or federal law and as specified below for TASER® Citizen Products. Exchanges for TASER Citizen Products. The citizen model products that are unopened and still in their sealed package may be returned or exchanged within 15 days from the date of receipt of the product for a credit or a refund of the purchase price paid, less shipping and handling, and any applicable restocking fees. Any product returned to TASER without prior authorization from us will be considered an unauthorized return, and you will not receive credit for the product and we will not ship the product back to you. Unless the product is defective or the return is a direct result of our error, we may charge a restocking fee of up to 15% of the purchase price paid, plus any applicable sales tax. To return a citizen model product, you must first go to our website, www.TASER.com and obtain a Return Material Authorization ("RMA") number before the end of the applicable return period. We will not accept returns without an RMA number. See the Product Warranty, www.TASER.com, or contact us at 800.978.2737 (+1.480.905.2000 for International callers) for information on how to obtain an RMA number. You must ship the product to us within 5 days of the date that we issue the RMA number as follows: • in the original product packaging, in as -new condition, along with any media, documentation, and any other items that were included in your original shipment; • at your expense and insured (if you return the product uninsured then you accept the risk of loss or damage during shipment); • with the RMA number clearly marked on the outside of the return packaging; • with proof of purchase of the product (receipt, purchase order, or invoice); and • with your name, address, and phone number of where to send the exchange item or the product credit or refund. Upon receipt of your return, we will issue a credit or a refund of the purchase price paid, less shipping and handling, and any applicable restocking fees. For partial returns, your credit may be less than the invoice or individual component price due to bundled or promotional pricing or any unadvertised discounts or concessions. If you fail to follow the return or exchange instructions and policies provided by us, we are not responsible for product that is lost, damaged, modified, or otherwise processed for disposal or resale. Quotes. A quotation is an offer to sell, is valid only for the products and services listed on the quote at the prices listed on the quote, and is subject to these Sales Terms and Conditions, all of which are deemed incorporated into the quote. The quote from TASER contains the entire terms and conditions 0 TASER Page 1 of Page 503 of 733 Title: TASER International, lnc.'s Sales Terms and Conditions -Direct Sales to End User Purchasers Department: Legal Version: 6.0 Release Date: 9912212093 associated with the transaction. You may accept a quotation by signing the quote, issuing a purchase order, or other writing expressing your intention to be bound. Any terms, conditions or writing within your purchase order or other writing addressing the subject matter of the transaction, will be for your internal purposes only and the terms and conditions contained therein will have no force or effect. If you have not signed a quote from TASER, then your order is subject to cancellation by us, in our sole discretion. We are not responsible for pricing, typographical, or other errors in any offer by us and reserve the right to cancel any orders resulting from such errors. Prices. The price of the products and services are set forth in the quote specifically provided to you (if no quote was provided then the price is that set forth on our current price list or www.TASER.com). Prices do not include taxes, shipping, handling, insurance or other similar charges; any such charges will be added to the price or separately invoiced unless otherwise expressly indicated at the time of sale. Payment Terms. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. We may invoice parts of an order separately. Where no credit has been granted to you or where credit has been withdrawn (in our absolute discretion) or for international sales, payment is required in full prior to shipment. Payment must be by credit card, wire transfer, or some other prearranged payment method. If we have reasonable grounds to believe that you will fail to comply with the payment terms or with the agreed credit terms, we are entitled to postpone or to refuse delivery of an order. Taxes. Unless you provide us with a valid and correct tax exemption certificate applicable to your purchase and ship -to location, you are responsible for sales and other taxes associated with your order. Shipping; Title; Risk of Loss. We reserve the right to make partial shipments and products may ship from multiple locations. All shipments are FOB TASER's facility and title and risk of loss pass from us to you on upon delivery to the common carrier by TASER. You are responsible for all freight charges. Any loss or damage that occurs during shipment is your responsibility. Shipping dates are estimates only. Delivery is typically 2-6 weeks after receipt of order or payment. Excusable delays. We will use commercially reasonable efforts to deliver all products and services ordered by you as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond our reasonable control, including but not limited to force majeure, fire, labor disturbances, riots, accidents, or inability to obtain necessary materials or components, we have the right, in our sole discretion and upon oral or written notice to you, to delay or terminate the delivery. Not For Resale or Export. Shipping of some our products out of the United States is restricted by U.S. federal law and neither the product nor its technology can be exported out of the U.S. without a validated export license issued by the U.S. Department of Commerce and a signed BIS -79 I on file with us. Regulations and Restrictions. You agree to comply with all applicable laws, codes and license requirements, and controls of the United States and other applicable jurisdictions in connection with the use of TASER products and services including your acceptance of responsibility for the payment of any relevant taxes or duties. Please go to our website (www.TASER.corn) or contact our Customer Service Department for a list of known regulations and restrictions regarding the sale, possession, and use of TAS E R Page 2 of 3 Page 504 of 733 Title: TASER InternationaI, Irtc.'s Sales Terms rind Conditions -Direct Sales to End User Purchasers Department: Legal Version: 6.0 Release Date: 1112212013 TASER CEW products. You are responsible for understanding and verifying all local laws, regulations, and restrictions. Warranty Coverage. Our current warranty provisions, warranty exclusions, release, and any limitations of liability located at www.TASER.corn are also applicable to your purchase. Product Warnings. See our website at www.TASER.com for the most current product warnings. Proprietary Information. You agree that we have and claim various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute our products and services, and that you will not directly or indirectly cause any proprietary rights to be violated. Design Changes. We reserve the right to make changes in design of any of our products and services without incurring any obligation to notify you or to make the same change to products and services previously purchased. Severable Provisions. If any provision of these Sales Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder will have their full force and effect and the invalid provision will be modified or partially enforced by the court to the maximum extent permitted by law to effectuate the purpose of this agreement. No Assignment. You may not assign this agreement nor any related order and you may not delegate your duties under this agreement without our prior written consent which will not be unreasonably withheld. We may assign this agreement without your consent. Entire Agreement. These Sales Terms and Conditions, along with the quote, sales order acknowledgement, and the applicable product warranty, license and service agreement(s), constitute the entire agreement between the parties. These Sales Terms and Conditions supersede and replace any prior agreement or understanding between the parties, including any oral representations concerning the subject matter of this agreement. Any prior or extrinsic representations or agreements, with the exception of the product warranty, any service and license agreement(s), are intended to be discharged or nullified. Governing Law. The laws of the State of Arizona, U.S.A. govern this transaction and agreement, without regard to conflicts of law. 'Protect Life' and (D are trademarks of TASER International, Inc., and TASER is a registered trademark of TASER International, Inc., registered in the U.S. All rights reserved. © 2013 TASER International, Inc. \76 TASER Page 3 of 3 Page 505 of 733 Page 506 of 733 TASER International, Enc.'s Sales Terms and Conditions for the ETM and AXON FlexT"' and AXON Body" Cameras TASER Assurance Plan (U.S. Only) (Effective January 6, 2014) These Sales Terms and Conditions ("Terms") apply to your purchase of the TASER® ETfvl, AXON Flexr"" camera/AXON body1m camera, related accessories, and the TASER Assurance Plan ("TAP").' The products and TAP are expressly subject to and conditioned upon the Terms set forth below. By signing a quote, issuing a purchase order, or accepting delivery of the products, you accept and are bound to these Terms. Any different or additional terms set forth by you, whether in a purchase order or another communication, are expressly objected to and will not be binding on TASER. TASER Assurance Plan (TAP). TAP provides you with hardware extended warranty coverage, Spare Products (for AXON cameras), and Upgrade Models at the end of the TAP Term. TAP only applies to the AXON flex camera and controller. AXON body camera, or ETM, depending on the plan purchased. TAP's purchase price does not include any hardware, software or the EVIDENCE.com services. TAP does not apply to software or services offered for, by, on, or through the TASER.com or EVIDENCE.com websites. To qualify to purchase TAP, you must separately purchase EVIDENCE.com services for at least 3 years. You may not buy more than one TAP for any one AXON camera/ ETM product. TAP must be purchased for all AXON camerasl ETMs purchased by your agency after your agency elects to participate in TAP. TAP Warranty Coverage. See TASER's current Hardware Warranty, Limitations and Release for Law Enforcement CEW Products and On -Officer Cameras at www.TASER.com ("Hardware Warranty"). TAP includes the extended warranty coverage described in the current Hardware Warranty. TAP for the AXON camera products also includes free replacement of the AXON flex controller battery and AXON body battery during the TAP Term.2 TAP warranty coverage starts at the beginning of the TAP Term and continues as long as you continue to pay the required annual fees for TAP. You may not have both an optional extended warranty and TAP on the AXON camera/ETM product. SPARE AXON cameras. For TAP for AXON camera products, TASER will provide a predetermined number of spare AXON cameras (and controllers if applicable) (collectively the "Spare Products") to you to keep at your agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. You must return to TASER, through TASER's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and TASER will repair or replace the non-functioning unit with a replacement product. TASER warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at TASER's sole option. You may not buy a new TAP for the replacement product or the Spare Product, Within 30 days of the end of the TAP Term you must return to TASER all Spare Products. You will be invoiced for and are obligated to pay to TASER the MSRP then in effect for alt Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then TASER will refresh your allotted number of Spare Products with Upgrade Models if you purchase a new TAP for the Upgrade Models. TAP Upgrade Models. Upgrade Models to be provided as follows during and/or after the TAP Term: (i) after 3 years if you purchased 3 years of EVIDENCE.com services and all TAP payments are made, or (ii) once after 2.5 years and once again after 5 years if you purchased 5 years of EVIDENCE.com services and made all TAP payments. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model, Thirty days after you receive the Upgrade Models, you must return the products to TASER or TASER will deactivate the serial numbers for the products for which you received Upgrade Models unless you purchase additional EVIDENCE.com licenses for the AXON camera products you are keeping, You may buy a new TAP for any Upgraded Model. TAP AXON Camera Upgrade Models. If you purchased TAP as a stand-alone service, then TASER will upgrade the AXON camera (and controller if applicable)/ETM, free of charge, with a new on - officer video cameralETM that is the same product or a like product, at TASER's sole option. TASER makes no guarantee that the Upgrade Model will utilize the same accessories or ETM. If you would like to change product models for the Upgrade Model, then you must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model you desire to acquire. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. If you purchased Ultimate TAP, then TASER will upgrade the AXON camera (and controller if applicable)IETM, free of charge, with a new on -officer video camera/ETM of your choice. TAP ETM Upgrade Models. TASER will upgrade the ETM free of charge, with a new ETM with the same number of bays that is the same product or a like product, at TASER's sole option. If you would like to change product models for the Upgrade Model or add additional bays, then you must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model you desire to acquire. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 1 These terms apply when you purchase TAP as a stand-alone service for 2 Applies to replacement for batteries which fail to function for any reason AXON camera products or ETMs or as TAP Ultimate. TAP Ultimate does not excluded by the Hardware Warranty. not include TAP coverage for ETMs. I5,p9.. 7T sCa Inwrnn.;�..y i, ;ne.'a Sw;cs ; o •.a,r. onn ,; o.e:.ions ;o, etia T xU<< ��Y'- e.W n Ka;uody ••• �n...vo. Yns[R nvau•n .cv ; ,en (,t--,- ti,..,Y) , .•. oa,.: � vsoo,n Page 1 of 2 Page 507 of 733 TASER International, Inc.'s Sales Terms and Conditions for the ETM and AXON Flex' and AXON Body"' Cameras TASER Assurance Plan (U.S. Only) (Effective January 6, 2014) TAP Term. The TAP Term start dale is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 151 of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. TAP Termination. If an invoice for TAP is more than 30 days past due or your agency defaults on its payments for the EVIDENCE.com services then TASER may terminate TAP and all outstanding AXON product related TAPs with your agency. TASER will provide notification to you that TAP coverage is terminated. Once TAP coverage is terminated, then: 1. TAP coverage will terminate as of the date of termination and no refunds will be given. 2. TASER will not and has no obligation to provide the free Upgrade Models. 3. You will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products provided to you under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 4. You will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. TAP Payment Terms. TAP may only be purchased at the point of sale. TASER will separately invoice you on an annual basis for the cost of TAP and you are responsible for payment within 30 days of the invoice (even if TASER does not receive an annual purchase order from you prior to issuing the invoice). The payment due dale is based upon the Term start date. If multiple purchases of AXON camera productslETMs have been made, each purchase may have a separate TAP payment due date. Payment will be considered past due if not paid in full or if not received within 30 days of the invoice date. Sales Terms. TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers, located at http:llwww.taser.comisales-terms and -conditions, are also applicable to your purchase. No Assignment. You may not assign the TAP or any related order and you may not delegate your duties under these Terms without TASER's prior written consent, which will not be unreasonably withheld. Entire Agreement. These Terms, along with the quote, sales order acknowledgement, Sales Terms and Conditions for Direct Sales to End User Purchasers, and the applicable product warranty, license and service agreements, constitute the entire agreement between the parties for the purchase of the AXON camera/ETM products and TAP. These Terms supersede and replace any prior agreement or understanding between the parties, including any oral representations concerning the subject matter of this agreement. AXON flex and AXON body are trademarks of TASER International, Inc., and TASER and (Dare registered trademarks of TASER Intemational, Inc., registered in the U.S. ® 2014 TASER InlemaVonal, Inc. All rights reserved. _ I,•,nui, Inc. a secs �o,ms o..0 _an•fi„one lo. Il,u nMUI� I lox ' o••u ANcill llody "' Camaro-. �4sLk As�v eco ��lon lu,s, only) Page 2 of 2 Page 508 of 733 Page 509 of 733 TASER International, Inc.'s Hardware Warranty, Limitations and Release for Law Enforcement CEW Products and On -Officer Cameras (U.S. and Canada) (Effective March 12, 20141 The following TASER International, Inc. (TASER) warranty provisions are applicable cn all sales or transfers of TASER Law Enforcement Products, including conducted electrical weapons (CEWs), on - officer audiolvideo cameras and related accessories.I The term "Purchaser' means any purchaser, possessor, or user of the TASER brand products. BY USING THE TASER PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE WARRANTY AS SET OUT BELOW. Manufacturer's Limited WarrantV� TASER warrants that its Law Enforcement Hardware Products' are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly' TASER-Manufactured Auxssoriesa are covered under a limited SO -DAY ,arranty from the date of receipt. Non-TASER Ianufactured accessories are covered under the manufacturers warranty. In the event any country or state imposes a longer express warranty term than that described in this warranty document, then the country or state's term will take precedence. If a valid warranty claim is received by TASER within the warranty period, TASER agrees to repair or replace the product which TASER determines in its sole discretion to be defective under flormal use, as defined in the product instructions, TASER's sole responsibility under this warranty is to either repair ' The warranty does not epply to software or services offered for, by, on, or Ihrougn the TASER.com or EVIDENCE tom websites. This warranty only applies to hardware ' A product's estimated userul life or expiration date may nor be the product's warranty expiration dale 3 TASER Law Enforcement Hardware Products include TASER X2, X26, and X26P CEws, Simutation Handles assembled by TASER, TASER CAM and TASER CAM HD retarders. CEW cartddges, and Smart carlridoes, AXON flax camera (including or replace with the same or like product, at TASER's option. Optional Extended Hardware Warranty for AXON flex, AXON body, ETM, EVIDENCE.com Dock, TASER CAM HD, X2, X26, and X26P The optional extended warranty, when available, may only be purchased at the point of sale of the product The extended warranty runs from the date of receipt of the extended warranty through the balance of the 1 -year limited warranty plus the term of the extended warranty measured after the expiration of the 1 -year limited warranty. Purchaser may not buy more than one extended warranty for any one specific product. The extended warranty does not cover user -removable battery replacement, abuse, intentional or deliberate damage to the product, or force majeure during the extended warranty period.a For customers who purchase an extended warranty TASER warrants it will repair or replace the TASER product, which fads to function for any reason not excluded by this warranty, during the extended warranty period with the same or like product, at TASER's option. Purchaser may not buy a new extended warranty for any replacement or repaired product which is replaced or repaired under the extended warranty - Exclusions and Llmltatiorts A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or the universal magnel�c clip). AXON body camera, Evidence Transfer Managers (ETMsl, and EVIDENCE.com Docks. a Broken blast doors are not covered under TASER's limited warranty. s TASER-Manufactured Accessories include, but are not flmiied to: baftenes; battery chargers, carrying cases; cables; docking bars; uSB dale de••mload kits; headbands; holsters; mounts: DPM, XDPM, CDPM, PPM, TPPM. APPM, XPPM. TPM, and %ASEA lntnmaraner InL.'17GIdW0�Q Yra,elG, tr::dai-and Mellow Ik,LM E.6-1 n& P,odl,b itanddnd�iei [amQrm Id.S. asd Cnnndal epemr�.� twat tQIQh; ua EQi�an� ri1�u Page 1 of 2 repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchasers property and the replaced item becomes TASER's property. After the warranty period, TASER may, at its sole option, repair or replace a TASER product for a fee. A paid for out - of -warranty repair or replacement product comes with the manufacturers limited warranty. This warranty does not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the product's use; (b) damage caused by use with non-TASER products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER; or (e) if any TASER serial number has been removed or defaced. To the extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, statutory, express or implied, as permitted by applicable law. TASER specifically disclaims any and all statutory or implied warranties, including Shockwave Power Magazine modules; and the X -R all mounting system. n The manufacturer's limiled warranty provides coverage for AXON fleX camera, AXON flex controller or AXON body ballenes that have failed or are exhibiting diminished capeclly as result of a manufacturing defect Under the extended warranty, replacement of the AXON flex camera battery is covered, but replacamenl of the AXON flex controller battery and AXON body baltery are not covered. Page 510 of 733 TASER International, Inc.'s Hardware Warranty, Limitations and Release for Law Enforcement CEW Products and On -Officer Cameras (U.S. and Canada) (Effective March 12, 2014) without limitation, warranties of merchantability, design, fitness for a particular purpose, arising from a course of dealing, usage or trade practice, warranties against hidden or latent defects, and warranties against patent infringement. If statutory or implied warranties cannot be lawfully disclaimed, then all such any claims for damages and personal injuries. Purchaser agrees to assume all risks of loss and all liability for any damages and personal injury which may result from the deployment, use, or misuse of the TASER product. TASER is not liable for the failure of the TASER product to perform and TASER is not liable for any claims warranties are limited to the duration of the made by a third party or by Purchaser for or on express warranty described above and limited behalf of a third party. by the other provisions contained in this Purchaser Responsibilities and Product warranty document. Registration The remedies provided for in the above warranty are expressly in lieu of any other liability TASER may have. TASER's cumulative liability to any party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any TASER product will not exceed the purchase price paid to TASER for the product. In no event will TASER be liable for any erect, special, indirect, Incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory, even if TASER has been advised of the possibility of those damages or if those damages could have been reasonably foreseen, and notwithstanding any failure of essential purpose of any exclusive remedy provided in this warranty. Some local laws do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Any repairto or replacement of any product under this warranty may result in a loss of programs or data. Release Purchaser agrees to release TASER from any and all liability arising out of the deployment, use, or misuse of the TASER product, including Purchaser should update product software and/or firmware as they become available through TASER, as well as perform periodic data uploads to EVIDENCE.com services or download/backup copies of the information, data, and/or video contained on the TASER product storage media to protect the contents and as a precaution against possible operational failures. To register your TASER product, please go to www,Laser.com/register. Registration of your product allows TASER to contact you with important product notifications and provides a record in case of product loss or theft. Registration is voluntary and failure to register will not diminish your limited warranty rights. Warranty Repair Procedure For warranty return and repair procedures, including troubleshooting guides, please go to TASER's websiteswww.teser.com/suppo or www.evidence.com, as indicated in the appropriate product user manual or quick start guide. Failure to provide the required information for the returned product will delay the return of the repaired or replaced item. If Purchaser fails to provide the required information, including the RMA number, then TASER assumes no liability for loss of the returned product. Any TASER product that has not nils '1.SEa Lapmera:ul.In:rHatrves Ftana:q,LeaM1auontand Rel�au lb�lmrrn[o:u,mnlCElr �Rdobana OnMrnr Gmual (U.S. a;d CanAal glpamcai Legal Wr : n.b R0—lkle: 1'I1101, Page 2 of 2 been paid for, when required, or for which the required information has not been provided during a period of 90 days after receipt of the TASER product by TASER is deemed abandoned and TASER may dispose of the TASER product without any liability, compensation, or further notification to Purchaser. Before you deliver your product for warranty service, it is your responsibility to upload the data contained in the product to the EVIDENCE.com services or download the product and keep a separate backup copy of the contents. During warranty service the contents of the storage media will be deleted and reformatted. TASER is not responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the product services. The product will be retumed to you configured as originally purchased, subject to applicable firmware updates. Recovery and reinstallation of software programs and user data are not covered under this warranty. ff you require attempted data recovery this must be specifically requested (and a fee may be required) orthe contents of your product will be deleted and the storage media reformatted in the course of warranty service. General This warranty supersedes any prior, contrary, or additional representations, whether written or oral. This warranty is TASER's only hardware warranty and may not be changed or enlarged by any agent, employee, distributor, dealer, or other person. This warranty, including any extended warranty, is non- transferable. MON Oex", Shockwave", Smart", TASER CAM'", X2'", X2V, X26P -, X -Rol"', 'Prolecll_&e and'Rolecl T.LW are k dcrn ks oITASER Inlemahonal.lnc., and TASEn MONO and C) ae registered Iradamarke of TASER Inremab-2.Inc., n pslersd In die U.S. All rights reserved. ® 2074 TASER Inlemabnnal, Inc 0 TASER Page 511 of 733 Page 512 of 733 Page 513 of 733 Part Number Description Unit of Measure Unit Price 73002 AXON Body Camera Each $ 401.00 73066 AXON Body Camera Full Solution Kit Each $ 653.20 73075 Standard Uniform ClIp Holster Each $ 30.10 73076 Mini Alligator Gip Holster Each S 30.10 73077 Belt CI1ps Holster Each S 30.10 73078 Holster, 2-Bracket, HW Each $ 30.10 73079 Holster, 2-13racket, VELCRO Each S 30.10 73089 1 Pocket Mount Holster Each $ 30.10 73030 AXON Flex Kit (Camera, Controller, Cable straight to right angle (73005), USE Sync Cable w/Wall Charger Each 5 703.45 73D61 AXON Flex Full Solution Kit Each $ 1,018.62 73092 Motorla MOTO G Each S 200.00 73034 Oakley Flak Jacket Kit Flex Each 5 150.70 70026 G-bay+ huh Evidence.com Dack Each $ 1,502A8 70023 1-bay+ hub Evidence.com Dock Each 5 250.25 70028 Individual bay Evidence.com Dock Each. $ 250,25 70032 EXTENDED WARRANTY, 2 YEAR,EVIDENCE.COM DOCK, HUB Each $ 499.95 70031 EMENDED WARRANTY, 2 YEAR, EVIDENCE.COM DOCK, SINGLE SAY Each 5 129.90 70030 EXTENDED WARRANTY, 2 YEAR, EVIDENCE.COm DOCK, 6 BAY Each $ 79.95 73033 AXON Flex Kit 2-Year Extended Warranty Each $ 299.95 73074 AXON Body Cam 2-Year Extended Warranty Each $ 199.95 85035 Evidence.com Storage (GS) Each S 1.50 87001 Basic EVIDENCE.- License: 1 year Each $ 18D.O9 88001 Standard Evidence.com license: 1 year Each 5 300.00 89001 Pro Evidence.cam license: 1 year Each $ 468.00 85078 ultimate EVIDENCE.com annual payment Each S 660.00 8553$ EVIDENCE-COM STORAGE (GB)-5 YEAR CONTRACT Each $ 7.50 85054 TASER Assurance Plan AXON flex annual payment Each $ 276.00 85070 TASER Assurance Plan AXON flex annual payment Each 5 204,00 85079 85055 TASER Assurance Plan EVIDENCE.com Dock Annual Payment (Based upon number of cameras purchased) Premium Plus Package Each Each 5 36.00 515.000.00 'II 85056 Premium Package Each $ 7'500.00 85014 A La Cart Package Each 5 2,000.00 '"eh day` 89005 Professional Evidence.COM License: YEAR 5 PAYMENT (Full Price) Each $ 2,340.00 ` 85045 S YEAR PREPAID MAINTENANCE PLAN Each $ 1,150.00 89101 Professional Evidence.COM License: YEAR 1 PAYMENT Each $ 468.00 89201 Professional Evidence.COM License: YEAR 2 PAYMENT Each S 468.00 89301 Professional Evidence.COM License: YEAR 3 PAYMENT Each $ 468.00 89401 Professional Evidence.COM License: YEAR 4 PAYMENT Each S 468.00 89501 Professional Evidence.COM License: YEAR 5 PAYMENT Each $ 468.00 73004 US8 Synch Cable w/ Wall Charger Each S 15.02 73008 Oakley Ciip Each $ 20.05 73009 Collar/Versatile/Cap Mount Each S 30.10 73088 Ratchet Cailar/Veraatlle/Cap Mount Each 5 30.10 73062 Ball Cap Mount Each S 30.10 73010 taw Rider Headband Flex Each S 50.20 73058 Low Rider Headband, Large, Flex Each $ 55.22 73006 Controller Holster, Flex Standard Uniform Clip Each $ 30.10 73035 Controller Holster, Flex, Mini Alligator Clip Flex Each $ 30.10 73036 Controller Holster, Flex, Belt Clips, Flex Each 5 30.10 73011 Egaulette Mount Each $ 20.05 73013 Helmet Mount Each $ 20.05 73090 Helmet Mount, Hatchet, Shoel Each $ 20.05 73091 Helmet Mount, Ratchet, HJC Each S 20.05 73020 Universal Magnet Clip Each $ 7.99 73021 Multi-Mounting Kit, Flex (Low Rider Headband, Collar Mount, Epaulette Mount, Oakley Kit) Each $ 20.05 73059 Ballistic Vest Mount, Rotating Each 5 20.05 73088 Ratchet Collar/Versatile/Cap Mount Each $ 30.10 73022 Cable, Straight to Right Angle 18" Each S 5.98 73005 Cable, Straight to Right Angle, 36' Each $ 5.98 73023 Cable, Straight to Right Angle, 48" Each $ 5.98 73025 Cable, Straight to Straight, 36" Each 5 5.98 73026 Cable, Straight to Straight, 48" Each $ 5.98 73027 Cable, Right Angle to Right Angle, 18" Each 5 5.98 73028 Cable, Right Angle to Right Angie, 36" Each $ 5.98 73029 Cable, Right Angle to Right Angle, 48" Each S 5.98 73069 Cable- Coiled, Straight to Right Angle 48" Each $ 13.01 73081 TASER CAM HD/AXON Camera Universal Charger w/U.S. and International Adaptors Eath 5 15.02 Page 513 of 733 Ono, Page 514 of 733 Title: AXON Flex' Carrera Specifications Department: Research and Development Version: 3.0 Release Date: 1 211 91201 2 2.moalais Model Model No. Color AXON Flex Camera 73000 series Black Specifications Features 1. Operating temperature range: 1. Ambidextrous design for left- or right -side mounting. -4 °F to 122 T [-20 °C to 50 °C] 2. Multiple attachment options available, including: Oakley 2. Storage temperature range:2 Flak Jacket(D eyewear mount; Low Rider headband; -4 °F to 95 °F [-20 °C to 35 °C] Collar mount; Epaulettelshoulder mount; and Helmet 3. 75° field of view camera lens mount. 4. Humidity: 80 percent non -condensing, when cable is 3. Playback via the AXON"m Mobile smart phone attached application or EVIDENCE Sync software. 5. 30 -second pre -event video buffer. Buffer does not 4. Several cable styles and cable lengths are available.5 include audio. 5. Configurable bit rate (multiple settings to optimize file Note: Buffer time can change depending on device size and upload speed) state. 6. Full color audiovisual camera 6. Up to 30 frames per second. 7. Retina Low -Light capability less than 1 lux 7. 640 x 480 VGA video resolution 8. Constructed from impact resistant polymer 8. Up to 8 GB non -removable, solid state storage3 9. Data is protected by TASER proprietary security 9. Approximately 4 hours video storage under highest features and can be viewed and downloaded with quality recording settings; up to 9 hours storage under EVIDENCE.com services through the AXON Flex medium quality recording settings; and up to 13 hours Evidence Transfer Manager (ETM)6 and EVIDENCE storage available at lowest quality recording setting. Sync software. 10. Rechargeable Lithium -Ion Battery" 10_ Data download to personal computer through EVIDENCE Sync software is also available. 11. GPS tagging and streaming capability available through AndroidT' and iPhone® AXON"' Mobile applications. Physical CharacteristiCS7,8 Dimensions Length L Height H Width WeiS ht 3.2 in 8.1 cm1 0.8 in 2.0 cml 0.7 in 1.8 cml 0.53 oz 15 W— L IT H � y - F 1 f .. r RIGHT SIDE FRONT TOP ' Requires a cable connection to the AXON Flex Controller (model number 73001) to function. 2 Less than 1 month at the high temperature. Long-term storage should be in a climate -controlled environment. 3 Multi -Level Cell flash memory is rated for approximately 10,000 write cycles. The current technology along with normal usage, which includes recording and buffering and ETM sync processes, typically gives memory components a useful life of 4 to 5 years. A portion of the memory is reserved for the operating system. ^ The AXON Flex camera contains a non -replaceable Lithium -Ion battery. Rechargeable Lithium -Ion batteries have a limited life of approximately 2 years, and will gradually lose their capacity to hold a charge. This loss of capacity (aging) is irreversible. As the battery Loses capacity, the length of time it will power your device (run time) decreases. Additionally, Lithium -Ion batteries continue to slowly discharge (se# -discharge) when not in use or white in storage. It is advised that you routinely check the battery's charge status. The device should be recharged regularly to maintain the internal chemistry of the battery. TASER product user manuals summarize how to check battery status as well as battery charging instructions. The latest product manuals are available at www.TASER.com 5 While all TASER products are thoroughly tested to ensure product reliability, all usage conditions cannot be anticipated. User checks are recommended to ensure connections remain snuc and performance is unaffected. AXON Flex cables should be replaced at the first sign of wear or breakdown to ensure reliable function and use. B User account and subscription required, ' Product specification may change without notice; actual product may vary from picture. Dimensions and weights are for reference only. TASER InlernaGonal reserves the right to change this specification without notice. Android is a trademark of Google, Inc. iPhone@ is a registered trademark of Apple, Inc., registered in the U.S. and other 0 TAS E R countries. FlakJacke* is a registered trademark of Oakley. Inc- Page 1 of 1 AXON Flex'' and AXONI Mobile are trademarks of TASER Intemational, Inc., and TASERO and 0 are registered trademarks of TASER International, Inc, registered in the U.S. 0 2012 TASER InlernaGonal, Inc. All rights reserved. Page 515 of 733 Title: AXON Flex" Controller Specifications Department: Research and Development Version: 4.0 Release Date: 1211912012 AXON FleXTM Controller Models Model No. Color Flex Controller 73001 Black Features Specifications 1. Operating temperature range. 1. EVENT button to start recording and return to buffering. --4 of to 122 °F [-20 °C to 50 'C] 2. On1Off slide switch to power the device.B 2. Storage temperature range:2 3. Battery button and LED to indicate remaining battery --4 °F to 95'F [-20 °C to 35 'Cl capacity. 3. Humidity: 80 percent non -condensing, with cable attached 4. Operation LED on the top of the housing indicates device 4. Lithium -Ion rechargeable battery. status. 2500 mAH capacity 3.4 5. Over 12 hours' battery life under normal operation. s 5. Several cable styles and cable lengths are available.7 6. Holster and several clip mounts are available. 6. Patents: U.S. and foreign patents pending. Physical Characteristics'-" Dimensions Depth (D) Width (W) Height (H) Weight 0.8 in 2.0 cm] 2.6 in [6.6 cm] 3.3 in [8.4 cm] 3.3 oz [94 g] D W I H TOP RIGHT ZJJ FRONT SIDE ' Requires cable connection to an AXON Flex Camera (model number 73000) for audio/video recording. Less than 1 month at the high temperature. Long-term storage should be in a climate -controlled environment. ' Rechargeable Lithium -Ion batteries have a limited fife of approximately 2 years or approximately 300 full charge and discharge cycles. Willi age, batteries will gradually lose their capacity to hold a charge. This loss of capacity (aging) is irreversible. As the battery loses capacity, the length of time it will power your device (run time) decreases. Additionally, lithium -ion batteries continue to slowly discharge {self -discharge) when not in use orwhile in storage. It is advised that you routinely check the battery's charge status. The device should be recharged regularly to maintain the internal chemistry of the battery. TASER product user manuals summarize how to check battery status as well as battery charging instructions. ° The AXON Flex Controller cannot be disassembled. The internal battery is only replaceable as a complete assembly. Please contact www.TASER.00m to purchase a replacement AXON Flex Controller. s Uses outside the above use profile, as well as temperature and other ambient conditions, can affect battery life. s The OnlOff switch is magnetically activated. Close proximity with other magnets may cause the AXON Flex Controller to tum off or on. T While all TASER products are thoroughly tested to ensure product reliability, all usage conditions cannot be anticipated, User checks are recommended to ensure connections remain snug and performance is unaffected. AXON Flex cables should be replaced at the first sign of wear or breakdown to ensure reliable function and use. & Product specification may change without nonce; actual product may vary from piclufe Dimensions and weights are for reference only. TASER International reserves the right to change this specification without notice - _r^ !—= otice__rA!—= E_= F=t AXON Flexn' is a trademark of TASER International, Inc., and TASERO and (2) are registered trademarks of Page 1 of 1 TASER International, Inc. registered in the U.S. © 2012 TASER International, Inc. All rights reserved. Page 516 of 733 Title: TASER EVIDENCE.com Dock 6 -Bay Specifications Department: Research and Development Version: 4.0 Release Date: 911712014 ' This document only describes the bay. For information about the core, see the TASER EVIDENCE.com Doc Core Specifications. 2 Product specification may change without notice; actual product may vary from picture. 3 Required AC service specifications for provided external AC -DC power supply are 100-240 V AC, 1.5 A (min), 50-60 Hz. Dimensions and weights are for reference only. TASER Intematimal reserves the right to change this specification without notice. _1171AX E=_ E_= F=1 AXON flex is a trademark of TASER Inlemational, Inc., and AXON, TASER and C0 are registered Page 1 of 1 Trademarks of TASER International, Inc. registered in the U.S. All rights reserved. 02014 TASER Inlemational, Inc. Page 517 of 733 • o . Dock Models Model Model No. Color EVIDENCE.com Dock 6 -Bay and Core' 70026 Black 1. SpecificationS2 Input power requirements3 Features 1. Modular design capable of managing 6 Voltage: 15 V DC AXON flexTM controllers and 6 AXON Current: 4 A DC flex cameras, or 6 AXON body cameras Power: 60 W and 6 AXON flex cameras. Connector: Barrel power connector, inner diameter 0.08" [2.1 mm], 2. Status LED on the device docked in the outer diameter 0.22" [5.5 mm], length 0.37" [9.5 mm], inside positive bay indicates device status. Status can 2. Output specifications per port also be observed through web -based Voltage: 4.5 V DC to 5.5 V DC status screens. Current: 500 mA (maximum) 3. Provides power to device docked in the Power: 2.75 W (maximum) bay to enable battery charging. 3. Operating Temperature: —4 °F [-20 °C] to 167 °F [75 °C] 4. Humidity: 85 percent non -condensing 5. One USB B input port, twelve 2.5 mm dock output ports, one USB A 2.0 output port Characteristics 1. Attaches to EVIDENCE.com Dock core to connect to the Internet. Physical CharacteriStICS2.4 Width Height H De th D Weight 6.4" [16.2 cm] 2.18" [5.5 cm] 11,25" (28.6 cm] 1.36 Ib. [612.35 g] W TOP VIEW I �u 0 O° r FRONT VIEW p i i — _... SIDE VIEW J� REAR VIEW ' This document only describes the bay. For information about the core, see the TASER EVIDENCE.com Doc Core Specifications. 2 Product specification may change without notice; actual product may vary from picture. 3 Required AC service specifications for provided external AC -DC power supply are 100-240 V AC, 1.5 A (min), 50-60 Hz. Dimensions and weights are for reference only. TASER Intematimal reserves the right to change this specification without notice. _1171AX E=_ E_= F=1 AXON flex is a trademark of TASER Inlemational, Inc., and AXON, TASER and C0 are registered Page 1 of 1 Trademarks of TASER International, Inc. registered in the U.S. All rights reserved. 02014 TASER Inlemational, Inc. Page 517 of 733 Page 518 of 733 0 TASER EVIDENCE.com Master Service Agreement TASER International, Inc. ("TASER," "us," or 'we") and bound by the following terms and conditions effective _ ("Agency,"'� our," or "you") agree to accept and be 20_ ("Effective Date"): 9. Access Rights. Upon the purchase or granting of a subscription from TASER and your opening of an Evidence.com account you will have access and use of the Evidence.com Services and Your Content during the subscription term ("Term"). You and each of your end users agree to adhere to this Agreement and all laws, rules, regulations, and policies applicable to your use of the Evidence.com Services. If you become aware of any violation of this Agreement by an end user, you will immediately terminate that end user's access to Your Content and the Evidence.com Services. 2. You Own Your Content. You control and own all right, title, and interest in and to Your Content and we obtain no rights to Your Content. You consent to our limited access to Your Content solely for the purpose of providing and supporting the Evidence.com Services to you and your end users. You represent that you own Your Content; and that none of Your Content or your end users' use of Your Content or the Evidence.com Services will violate this Agreement or applicable laws. 3. Evidence.com Data Security. We will implement commercially reasonable and appropriate measures designed to secure Your Content against accidental or unlawful loss, access or disclosure. We will maintain a comprehensive Information Security Program ("ISP") that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence you upload, security education, risk management, and data protection. You are responsible for maintaining the security of your end user names and passwords and taking steps to maintain appropriate security and access by your end users to Your Content. Log -in credentials are for your internal use only and you may not sell, transfer, or sublicense them to any other entity or person. You agree to be responsible for all activities undertaken by you, your employees, your contractors or agents, and your end users which result in unauthorized access to your account or Your Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by you at any time. You will contact us immediately if you believe an unauthorized third party may be using your account or Your Content or if your account information is lost or stolen. 4. Our Support. We will make available to you updates as released by us to the Evidence.com Services. Updates may be provided electronically via the Internet. It is your responsibility to establish and maintain adequate access to the Internet in order to receive the updates. We will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities). You are responsible for maintaining the computer equipment and Internet connections necessary for your use of the Evidence.com Services. 5. Data Privacy. We will not disclose Your Content or any information about you except as compelled by a court or administrative body or required by any law or regulation. We will give you notice if any disclosure request is received for Your Content so you may file an objection with the court or administrative body. You agree to allow us access to certain information from you in order to. (a) perform troubleshooting services for your account at your request or as pari of our regular diagnostic screenings; (b) enforce our agreements or policies governing your use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 6. Data Storage. We will determine the locations of the data centers in which Your Content will be stored and accessible by your end users. For United Stales customers, we will ensure that all of Your Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. You consent to the transfer of Your Content to third parties for the purpose of storage of Your Content. Third party subcontractors responsible for storage of Your Content are contracted by us for data storage services. Ownership of Your Content remains with you. 7. Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same dale as the pre-existing subscriptions. You are responsible for paying all subscription fees and applicable taxes and duties for Evidence.com Services. Unless otherwise specified by us, all fees for Evidence.com Services are due and payable net 30 days for approved credit. Payment obligations are non -cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. We reserve the right to charge additional fees for you exceeding your purchased storage amounts or for TASER's assistance in the downloading or exporting of Your Content. We may charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments. If a delinquent account is sent to collections, you are responsible for atl collection and attorneys' fees. 8. Suspension of Evidence.com Services. We may suspend your or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice to you if we determine. a. Your or an end user's use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any other customer, (iii) may subject us, our affiliates, or any third party to liability, or (iv) may be fraudulent; b. You are, or any end user is, in breach of this Agreement, including if you are delinquent on your payment obligations for more than 30 days; or c. You have become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding. d. If we suspend your right to access or use any portion or all of the Evidence.com Services, you remain responsible for all fees and ,;harges incurred through the date of suspension without any credits for any period of suspension. We will not delete any of Your Content on 11a,. tVJCEIICE.co Master S Mre Agreement Depamie L.9.1 Vet fib RCle— U rv: M511W Page 1 of 5 Page 519 of 733 0 TASEFR EVIDENCE.com Master Service Agreement Evidence.com as a result of your suspension, except as specified elsewhere in this Agreement. 9. Term. a. Subscription Term. The start date of the Term of this Agreement will be determined based upon the shipment date of any hardware ordered as authorized by you in a signed Quote or purchase order and will remain in effect for the subscription Term agreed to in the Quote or purchase agreement together with any renewal Terms until terminated as provided in this Agreement. if the hardware is shipped in the first half of a month, then the Term starts on the 1St of the following month. If the hardware is shipped in the last half of a month, then the Term begins on the 15th of the following month. If no hardware is purchased, then the Term will begin on the first of the month following the Effective Date of the Agreement. This Agreement automatically renews for additional successive Terms of one (1) year each after the completion of your initial Term at the list prices then in effect, unless you give us written notice of cancellation sixty (60) days prior to the end of a Term. b. Free Trial Term. If you signed up for a free trial, you are granted a limited non-exclusive license to use the Evidence.com Services for the term of the free trial period ('Trial Term"). Upon the expiration of the Trial Term you must purchase the Evidence.com Services to continue to use the Evidence.com Services to access Your Content. c. Free EVIDENCE,com Lite Account. If you signed up for a free Evidence.com Lite account, you are granted a limited non-exclusive license to use the Evidence.com Lite Services. Your use of the Evidence.com Lite Services is not limited to a specific term and you may cancel your Evidence.com Lite account and download Your Content at any time. Evidence.com Lite allows users to manage their conducted electrical weapon (CEW) firing logs and TASER CAM data. 10. Termination. a. Termination for Convenience. We may terminate this Agreement for any reason by providing you 30 days advance notice. In the event that we terminale this Agreement under this Section we will issue you a refund of any prepaid amounts on a prorated basis. b. Termination for Cause. i. By Either Party. Either party may terminale this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 -day notice period. In the event that you terminale this Agreement under this Section and we failed to cure the material breach or default, we will issue you a refund of any prepaid amounts on a prorated basis. ii. By Agency. You are obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during your then current fiscal year. in the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement may be terminated by you. You agree to deliver notice of termination under this Section 10(b)(ii) at least 90 days prior to the end of the then current fiscal year. c. Effect of Termination. Upon any termination of this Agreement: (a) all your rights under this Agreement immediately terminale; (b) you remain responsible for all fees and charges you have incurred through the date of termination; and (c) Sections 2, 5-7, 11, 12 (except the license granted to you in Section 12), 13, and 15-19 will continue to apply in accordance with their terms. 11. Return of Your Content. a. During the Term. You can log into the Evidence.com Services to retrieve and manually download Your Content at any time during the Term. b. After Termination. We will not delete any of Your Content as a result of a termination during the 90 days following termination. During this 90 -day period you may retrieve Your Content only if you have paid all amounts due (there will be no application functionality of the Evidence.com Services during this 90 -day period other than the ability for you to retrieve Your Content). You will not incur any additional fees if you download Your Content from the Evidence.com Services during this 90 -day period. We have no obligation to maintain or provide any of Your Content after the 90 -day period and will thereafter, unless legally prohibited, delete all of Your Content stored in the Evidence.com Services. Upon request, we will provide written proof that all of Your Content has been successfully deleted and fully removed from the Evidence.com Services. c. Post -Termination Assistance. We will provide you with the same post -termination data retrieval assistance that we generally make available to all customers. Requests that we provide additional assistance to you in downloading or transferring Your Content will result in additional fees from us and we will not warranty or guarantee data integrity or readability in the external system. 12, IP Right . We or our licensors own and reserve all right, title, and interest in and to the Evidence.com Services and related software. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Evidence.com Services solely in accordance with this Agreement during the Term. We own alt right, title, and interest in and to the Evidence.com Services, including without limitation all Intellectual Property Rights. If you or your end users provide any suggestions to us for enhancements or improvements, we will own all right, title, and interest in and to the suggestions and have the right to use the suggestions without restriction, even if you or your end users have designated the suggestions as confidential. You irrevocably assign to us all right, title, and interest in and to the suggestions and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the suggestions. 13. License Restrictions. Neither you nor any of your end users may use the Evidence.com Services in any manner or for any purpose ,lher than as expressly permitted by this Agreement. Neither you nor any of your end users may, or attempt to: (a) permit any third party to access the Evidence.com Services except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative 1110.: FLOD DICE — M.—I Se Jle Agrecm 0,pd nC. Legal Vml3f0n: 6.0 Releaac 0— V25+ID04 Page 2 of 6 Page 520 of 733 (D TASEFR EVIDENCE.com Master Service Agreement works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services in a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (e) copy the Evidence.com Services in whole or part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Evidence.com Services, except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a compefitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or (j) use the Evidence.com Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third -party privacy rights, or to store or transmit malicious code. All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Evidence.com Services you have used. You may only use our trademarks in accordance with the TASER Trademark Use Guidelines (located at www.TASER.com). 14. Third -Party Products and Services. No purchase of third -party products or services is required to use the Evidence.com Services other than a computer and Internet access. Any acquisition by you of third -party products or services and any exchange of data between you and any third -party provider, is solely between you and the applicable third -party provider. We do not warrant or support third -party products or services, whether or not they are designated by us as "certified" or otherwise, except as specified in a Quote. If you install or enable Third - Party Applications for use with Evidence.com Services, you acknowledge that we may need to allow providers of those Third -Party Applications to access Your Content as required for the inleroperation of the Third -Party Applications with the Evidence.com Services. We are not responsible for any disclosure, modification or deletion of Your Content resulting from any access by Third -Party Application providers. 15. Representations by You. You represent and warrant to us that: (a) you have been duly authorized by the laws of the applicable jurisdiction, and by a resolution of your governing body, if legally required, to execute and deliver this Agreement and to carry out your obligations under this Agreement; (b) all legal requirements have been mel, and procedures have been followed, including public bidding, if legally required, in order to ensure the enforceability of this Agreement; (c) if you are a government agency, that the Evidence.com Services will be used by you only for essential governmental or proprietary functions consistent with the scope of your authority and will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use; and (d) if you are a government agency, you have funds available to pay until the end of its current appropriation period, and you intend to request funds to matte payments in each appropriation period, from now until the end of the Term. 16. Our Warranty. We warrant that the Evidence.com Services (a) will perform materially in accordance with the Documentation, (b) will be performed in a timely and professional manner by qualified persons with the technical skills, training, and experience to perform the Evidence.com Services, and (c) will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. All warranties or guarantees given or made by us with respect to the Evidence.com Services are solely for the benefit of you and your end users and are not transferable and are null and void if you breach any term or condition of this Agreement. THE EVIDENCE.COM SERVICES ARE PROVIDED "AS IS." WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE THAT THE EVIDENCE.COM SERVICES OR THIRD -PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD -PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR THAT THE EVIDENCE.COM SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS PROVIDED IN THIS SECTION 16, TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE EVIDENCE.COM SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE FOR: (A) ALL DATA BEFORE IT IS UPLOADED TO THE EVIDENCE.COM SERVICES; (B) CONFIGURING AND SETTING UP ANY HARDWARE OR NETWORKS THAT YOU CONNECT TO THE EVIDENCE.COM SERVICES; (C) YOUR NETWORKS AND HOW THEY MAY INTERACT WITH THE HARDWARE, SOFTWARE, OR EVIDENCE.COM SERVICES; AND (D) ANY SECURITY SETTINGS YOU ESTABLISH TO INTERACT WITH OR ON THE EVIDENCE.COM SERVICES. WE DISCLAIM ANY WARRANTIES OR RESPONSIBILITY FOR DATA CORRUPTION OR ERRORS BEFORE THE DATA IS UPLOADED TO THE EVIDENCE.COM SERVICES. 17. Indemnification and Hold Harmless. This Section stales a party's sole liability to, and the party's exclusive remedy against, the other party for any type of claim specified below. a. Indemnification by Us. We will defend, indemnify, and hold you harmless, and each of your respective employees, officers, lirectors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any: (a) acts or omissions of us or our subcontractors or anyone directly or indirectly employed by any of them TM. EV10FJJCExm Idnsler service A9reem IlepLegal Ye _', S.0 Noieas. 0.w G02112014 Page 3 of 6 Page 521 of 733 (D TASER EVIDENCE.com Master Service Agreement or anyone for whose acts arising out of or related to this Agreement any of them may be liable, save and except for damage or injury caused solely by the negligence of you or your agents, officers, or employees; and (b) third -party claim alleging that the use of the Evidence.com Services as permitted under lhis Agreement infringes or misappropriates the intellectual property rights of a third party. You must provide us with prompt written notice of each such claim, tender to us the defense or settlement of each such claim at our expense, and cooperate fully with us in the defense or settlement of each such claim. If we receive notice of an alleged infringement, or if your use of the Evidence.com Services will be prevented by permanent injunction, we may, at our sole option and expense, procure for you the right to continue using the Evidence.com Services as provided in this Agreement, modify the Evidence.com Services so that it no longer infringes, replace the Evidence.com Services with other services of equal or superior functional capability, refund to you all amounts paid by you to us under this Agreement for the Evidence.com Services in the 1 -year period immediately preceding the first event giving rise to the claim of infringement, or in the case of trademark infringement, instruct you to use an alternative trademark. We have no liability to you or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a) any modification of the Evidence.com Services by you or any third party not approved by us; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by us; (c) the use of Evidence.com Services other than as permitted under this Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by us as part of or in connection with the Evidence.com Services. Nothing in this Section will affect any warranties in favor of you that are otherwise provided in or arise out of this Agreement. b. Hold Harmless by You. To the extent permitted by your jurisdiction's local law, you will hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third -party claim concerning: (a) your or any of your end users' use of the Evidence.com Services (including any activities under your account and use by your employees and agents); (b) breach of this Agreement or violation of applicable law by you or any of your end users; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third -party rights by Your Content or by the use of Your Content; (d) a dispute between you and any of your end users; or (e) a dispute between you and any third -party over your collection or use of Your Content. You agree to maintain insurance coverage up to the amount allowed by State and local laws and regulations that would cover any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any third -party claim in this section 17(b). 18. Limitations of Liability, WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE EVIDENCE.COM SERVICES, INCLUDING ASA RESULT OF ANY (i) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE EVIDENCE.COM SERVICES, (ii) OUR DISCONTINUATION OF ANY OR ALL OF THE EVIDENCE.COM SERVICES, OR, (iii) WITHOUT LIMITING ANY OTHER OBLIGATIONS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE EVIDENCE.COM SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE EVIDENCE.COM SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, OUR AND OUR AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF $100,000 OR THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE EVIDENCE.COM SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM. 19. Miscellaneous, a. Definitions. i. "Evidence.com Services" means our web services for Evidence.com, the EVIDENCE.com site, EVIDENCE Sync software, EVIDENCE Mobile App, AXON@ Mobile App, other software, maintenance, storage, and any other product or service provided by us under this Agreement. This does not include any Third -Party Applications, hardware warranties, or the my.evidence.com services. ii. "Your Content" means software, data, text, audio, video, images or other content you or any of your end users (a) run on the Evidence.com Services, (b) cause to interface with the Evidence.com Services, or (c) upload to the Evidence.com Services under your account or otherwise transfer, process, use or store in connection with your account. iii. "Documentation" means the user guides, quick reference guides, and other technical and operations manuals and specifications for the Evidence.com Services provided by us, as that documentation may be updated by us from time to lime. iv. "Confidential Information" means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Confidential Information includes: T..: EWE11CC.,m Mauer Service AO.eemenl Rapl—Le9.1 Vers ; 6,0 R.I.— Dare: SnVM4 Page 4 of 6 Page 522 of 733 TASEF1 EVIDENCE.com Master Service Agreement —0—T .. ' r i (a) nonpublic information relating to our or our affiliates or business partners' technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third -party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our a(fihates that is not subject to your public record laws. Confidential Information does not include any information that. (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the Confidential Information. v. "Policies" means any Service Level Agreement, the Trademark Use Guidelines, all restrictions described on the Evidence.com site, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. b. Confidentiality. Any party may use the other party's Confidential Information only as permitted under this Agreement. Except as required by applicable law or judicial order, you will not disclose our Confidential Information during the Term or at any time during the 5 -year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of our Confidential Information. c. Force Majeure. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the parties' reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. d. Independent Contractors. The parties are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. e. No Third -Party Beneficiaries. This Agreement does not create any third -party beneficiary rights in any individual or entity that is not a party to this Agreement. f. Non-discrimination and Equal Opportunity, During the performance of this Agreement, we agree that neither we nor our employees will discriminate against any person, whether employed by us or otherwise, on the basis of basis of race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for employees, agents, subcontractors or others to be engaged by us or placed by or on behalf of us, we will state all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. g. U.S. Government Rights. The Evidence.com Services are provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" with the same rights and restrictions generally applicable to the Evidence.com Services. If you are using the Evidence.com Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Evidence.com Services. The terms "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. h. Import and Export Compliance. In connection with this Agreement, each party will comply with all applicable import, re -import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country -specific economic sanctions programs implemented by the U.S. Office of Foreign Assets Control. You are solely responsible for compliance related to the manner in which you choose to use the Evidence.com Services, including your transfer and processing of Your Content, the provision of Your Content to end users, and the region in which any of the foregoing occur. i. Assignment. Neither party may assign or otherwise transfer this Agreement or any of its rights and obligations under this Agreement without the prior written approval of the other party; except that we may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without your consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) to as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. j. No Waivers. The failure by either party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the party's right to enforce the provision at a later time. All waivers by a party must be in writing and sent in accordance with this Agreement to be effective. k. Severability. This Agreement is contractual and not a mere recita4. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect. I. Governing Law; Venue. The laws of the state where you are physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the parties. The United Nations Convention for the Intemational Sale of 3oods does not apply to this Agreement. m. Litigation Costs. In the event of any legal action to enforce the provisions of this Agreement, the successful party in enforcing any life: EVIUEKE.—hla Service Ag—mem flepanm— Legai veislon: 6.0 Rolease Oalo: 61MI 4 Page 5 of 6 Page 523 of 733 0 TASEF1 EVIDENCE.com Master Service Agreement �( �rT 1, r 1.11. provision of this Agreement will be awarded that party's reasonable attomeys' fees and costs. n. Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. i. To You. We may provide any notice to you under this Agreement by: (i) posting a notice on your specific agency EVIDENCE.com site; or (ii) sending a message to the email address(es) then associated with your account. Notices we provide by posting on your EVIDENCE.com site will be effective upon posting and notices we provide by email will be effective when we send the email. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. ii. To Us. To give us notice under this Agreement, you must contact us: (i) by email transmission to evidencecontracts@taser.com; or (ii) by personal delivery, overnight courier or registered or certified mail to TASER International, Inc., ATTN: Evidence Contracts, 17800 N. 85Lh Street, Scottsdale, Arizona 85255. We may update the email or address for notices to us by posting a notice on your Evidence.com site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective 3 business days after they are sent. o. Entire Agreement. This Agreement, including the Policies and the Quote provided by TASER, is the entire agreement between you and TASER regarding the Evidence.com Services. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and TASER, whether written or verbal, regarding the subject matter of this Agreement. You agree that your purchases are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features of the Evidence.com Services. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the parties to this Agreement. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict. p. Voluntary Agreement. This Agreement was negotiated and executed vo#untarily and is not the result of duress, fraud, undue influence or any threat of any kind. All parties had the opportunity to read and consider this Agreement, to consult with counsel, and fully understand the Agreement. q. Time is of the Essence. Time is of the essence in connection with all matters and obligations pertaining to this Agreement. r. Counterparts. If this Agreement from requires the signatures of the parties, then this Agreement may be executed in any number of counterparts, each of which will be considered an original for all purposes, and all of which, when taken together, constitute one and the same Agreement. TASER International, Inc. Agency Name: By: By: Name: Name: Title: Title: Signature Signature Date: Date. Address: Address: 17800 N. 85th Street Scottsdale, AZ 85255 Attn: General Counsel Email: legal@taser.com [Document revised 6-25-2014] 'Protect Life' and (7) are trademarks of TASER Inlemalional, Inc., and TASER and AXON are registered hadernarks of TASER International, Inc., registered in the U.S. All rights reserved. O2014 TASER Intemational, Inc. lilt.: EMDENCE.— R.Me s 5—i- Ag...evi Daparbnenl: Legal Vaisfoi�: fi.0 Rvleasv Daley 6252014 Page 6 of 6 Page 524 of 733 Page 525 of 733 (D TAS E FI Professional Services Agreement BY ORDERING OR ACCEPTING PROFESSIONAL SERVICES FROM TASER INTERNATIONAL, INC. (TASER) YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. You represent to us that you are lawfully able to enter into contracts and if you are entering into this Agreement for an entity, such as the company, municipality, or government agency you work for, you represent to us that you have legal authority to bind that entity. If you do not have this authority, do not order or accept the Professional Services. In consideration of the mutual promises contained in this Agreement, the parties agree to all terms of the Agreement effective as of the date you signed the Quote or submit your purchase order, whichever is first (Effective Date). Terms and Conditions This Professional Services Agreement (Agreement) is an agreement between TASER International, Inc. (TASER, we, us, or our) and you or the entity you represent (Agency or you). This Agreement contains the terms and conditions that govern our provision of Professional Services to you for assistance in deploying and implementing TASER camera systems and EVIDENCE.com service solutions. See Section 17 for definitions of certain capitalized terms used in this Agreement. 1. Term and Pricing. a. Term. The term of this Agreement commences on the Effective Date. The actual work to be performed by us is not authorized to begin until we receive the signed Quote or your purchase order, whichever is first. b. Service Pricing. All Services performed by us will be rendered in accordance with the fees set forth in the Quote. You will pay us in accordance with the terms contained in this Agreement unless different payment terms have been identified and agreed upon in the Quote. c. Taxes. You are responsible for any sales or use taxes assessed on payment for Services and Products. We will itemize sales or use taxes separately on our invoices. We are responsible for all other taxes, duties and fees. If you are exempt from taxation for the Services or Products, you must submit an exemption certificate to us. 2. Invoicing and Payment Terms. a. Services. We will invoice you, in accordance with this Agreement, for all Services provided. Notwithstanding the foregoing, no terms, provisions, or conditions of any purchase order or other business form or written authorization used by you will have any effect on, or otherwise modify, the rights, duties, or obligations of the parties under this Agreement, regardless of any failure of us to object to such terms, provisions, or conditions. b. Payment. All payments for fees and expenses are due 30 days after the date of invoice. Interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) may be charged on all late payments. Payment obligations are non -cancelable and amounts paid are non-refundable. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding. Amounts pre- paid for Services will expire within 6 months of the Effective Date; therefore all Services must be completed within that time period. Any delays by you may result in additional fees due to us, and delay in our completion of the Services. 3. Scope of Services. The project scope will consist of the Services identified on your Quote. The Premium Plus Service Package and Premium Service Package are detailed below: System set up and configuration 1 on-site session virtual assistance Setup AXON® Mobile on smart phones (if applicable) Configure categories & custom roles based on Agency need Troubleshoot IT issues with EVIDENCE.com and evidence transfer manager (ETM) access Work with IT to install EVIDENCE Sync software on locked -down computers (if applicable) ETM installation on-site assistance virtual assistance Title: Nde-li l Services Agreement Department Legal version: 3.0 Release Dace: 1'211112013 Page 1 of 6 Page 526 of 733 CDTAS E R Professional Services Agreement Work with Agency to decide ideal location of ETM setup and set configurations on ETM if necessary Authenticate ETM with EVIDENCE.com using "admin" credentials from Agency Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment ✓ ✓ Dedicated Project Manager Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Weekly project planning meetings ✓ ✓ Project Manager will develop a Microsoft Project plan for the rollout of AXON camera units, ETMs and EVIDENCE.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the ETM installation of not more than 30 minutes in length. Best practice implementation planning session -1 on-site ✓ session to: Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management Provide referrals to other agencies using the AXON camera products and EVIDENCE.com services Create project plan for larger deployments Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions ✓ 2 on-site sessions—each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for EVIDENCE.com. AXON instructor training training for up to 5 training for up to 2 Prior to general user training on AXON camera systems and individuals at the individuals at the EVIDENCE.com services, TASER's on-site professional services Agency Agency team will provide training with the goal of certifying instructors who can support the Agency's subsequent AXON camera and EVIDENCE.com training needs. End user go live training and support sessions 6 on-site sessions 3 on-site sessions Provide individual device set up and configuration assistance, pairing with viewers when applicable; and training on device use, EVIDENCE.com and EVIDENCE Sync. Implementation document packet ✓ ✓ EVIDENCE.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories & rolesuide Post go live review session on-site assistance virtual assistance 4. Out of Scope Services. We are responsible to perform only the Services described on your Quote. Any Title: Professional Services Agreement Departrnenz Legal Version: 7.0 Release Dace: 12111(2017 Page 2 of 6 Page 527 of 733 `D TAk!-Sh E FR Professional Services Agreement additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. 5. Delivery of Services. a. Hours and Travel. Our personnel will work within normal business hours, Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays unless otherwise agreed in advance. All tasks on-site will be performed over a consecutive timeframe unless otherwise agreed to by the parties in advance. Travel time by our personnel to your premises will not be charged as work hours performed. b. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the parties and included in the change order, signed by both parties. c. Delays. If any delays are caused by you, you will be responsible for any costs incurred by us in preparing for the performance of the Services, and we will be entitled to recover these costs from you, including travel related costs. The non-performance or delay by us of our obligations under this Agreement will be excused if and to the extent the non-performance or delay results directly from the failure by you to perform your responsibilities. If any failure or delay by you to perform any of your responsibilities prevents or delays our performance of our obligations under this Agreement, we will be entitled to a reasonable extension of time to the applicable performance dates to reflect the extent of the impact of the failure or delay by you. d. Performance Warranty. We warrant that we will perform the Services in a good and workmanlike manner. In the event the Services do not meet the requirements and specifications agreed upon, you must provide us with written notice and details of the alleged non -complying Services within 7 calendar days after completion of the Services involved. After determination by us that the Services were not in conformance to the requirements and specifications, we will re -perform the non -complying Services at no additional cost. 6. Your Responsibilities. Our successful performance of the Services depends upon your: a. Making available your relevant systems for assessment by us prior to our arrival at the Installation Site, b. Ensuring that prior to our arrival at the Installation Site that your network and systems comply with the following system requirements posted at http://www.taser.com/products/digital-evidence-managemenUevidence, c. Making any required modifications, upgrades or alterations to your hardware, facilities, systems and networks related to our performance of the Services prior to our arrival at the Installation Site; d. Providing access to the building facilities and where we are is to perform the Services, subject to safety and security restrictions imposed by you (including providing security passes or other necessary documentation to our representatives performing the Services permitting them to enter and exit your premises with laptop personal computers and any other materials needed to perform the Services); e. Providing suitable workspace with telephone and Internet access for our personnel while working at the Installation Site and in your facilities, f. Timely implementation of operating procedures, audit controls, and other procedures necessary for your intended use of the Products; g. Providing all necessary infrastructure information (TCP/IP addresses, node names and network configuration) necessary for us to provide the Services; h. Promptly installing and implementing any and all software updates provided by us; i. Ensuring that all appropriate data backups are performed; j. Providing to us the assistance, participation, review and approvals and participating in testing of the Products as requested by us; k. Providing us with remote access to your EVIDENCE.com account when required for us to perform the Services; I. Designating a representative who will be the main point of contact for all communication with us and who has the authority to act on your behalf in matters regarding the performance of the Services; m. Ensuring the reasonable availability by phone or pager of knowledgeable staff and personnel, system administrators and operators to provide timely, accurate, complete and up-to-date documentation and information for the duration of the Term (these contacts are to provide background information and clarification of information required to perform the Services); n. Instructing your personnel so that they are, at all times, educated and trained in the proper use and Tale- Professional Services Agreement Deparunent: Legal VeWon: 3.9 Release Oaw 1 2111 801 3 Page 3 of 6 Page 528 of 733 0 T/4S3 E—= Ft Professional Services Agreement operation of the Products and that the Products are used in accordance with applicable TASER manuals and instructions; and o. Identifying in advance any holidays, non -work days, or major events that may impact the project. 7. Authorization to Access Computer Systems to Perform Services. You authorize us to access your relevant computers and network systems solely for the purpose of performing the Services. We will work diligently to identify as soon as reasonably practicable the resources and information we expect to use, and will provide an initial itemized list to you. You are responsible for, and assume the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by you. 8. Site Preparation and Installation. Prior to delivering any Services, we will provide you with 1 copy of the then -current user documentation for the Services and related Products in paper or electronic form (Product User Documentation). The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the installation of Product (whether performed by you or TASER), you must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products, you must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by us under this Agreement, including the environmental specifications for the Products, we will provide the updates or modifications to you when they are generally released by us to our customers. 9. Acceptance Checklist. We will present you with an Acceptance Checklist (Checklist) upon our completion of the Services. You will sign the Checklist acknowledging completion of the Services once the on-site service session has been completed. If you reasonably believe that we did not complete the Services in substantial conformance with this Agreement, you must notify us in writing of your specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist to you. We will address your issues and then will re -present the Checklist for your approval and signature. If we do not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Services from you within 7 calendar days of delivery of the Checklist to you, the absence of your response will constitute your affirmative acceptance of the Services, and a waiver of any right of rejection. 10. Liability for Loss or Corruption of Data. The parties' default obligations concerning the liability for any loss or corruption of data under this Agreement are as follows: a. You are responsible for: (i) instituting proper and timely backup procedures for your software and data; (ii) creating timely backup copies of any of your software or data that may be damaged, lost, or corrupted due to our provision of Services, and (iii) using backup copies to restore any of your software or data in the event of any loss of, damage to, or corruption of the operational version of your software or data, even if such damage, loss, or corruption is due to our negligence. b. If, as a direct result of our negligence in performing the Services, your software or data is damaged, lost, or corrupted, we will assist you in loading the media (e.g., tape) in which you stored the backup copy of your software or data onto the server, mainframe, or other computer system to which your software or data is to be restored. The assistance provided by us may consist of telephone support to your personnel performing the software or data restoration. However, our assistance is conditioned upon TASER being notified by you within 24 hours of you becoming aware that your software or data has been damaged, lost, or corrupted as a direct result of our negligence in performing the Services. However, regardless of any assistance provided by us: (i) we will in no way be liable for the accuracy, completeness, success, or results of your efforts to restore your software or data; (ii) any assistance provided by us under this Section is without warranty, express or implied; and (iii) in no event will we be liable for loss of, damage to, or corruption of your data from any cause. c. The section does not apply to your data stored on EVIDENCE.com and covered by the EVIDENCE.com Master Service Agreement. 11. Intellectual Property. We own all right, title and interest in all Pre -Existing Works and Documentation. We grant to you, unless otherwise agreed in writing by the parties, a perpetual, non -revocable, royalty -free, non - Tide: Professional Services Agreement Department Legal Version: 3.0 Release Date: 12!11!2013 Page 4 of 6 Page 529 of 733 CDTAS E R Professional Services Agreement exclusive, right and license to use, execute or copy, the Pre -Existing Works provided to you in connection with the delivery of Services and in accordance with this Agreement. 12. Confidentiality. A receiving party may use the disclosing party's Confidential Information only in connection with TASER's performance of the Services under this Agreement. The receiving party will not disclose the disclosing party's Confidential Information during the Term or at any time during the 5 -year period following the end of the Term. The receiving party will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of the disclosing party's Confidential Information, including, at a minimum, those measures taken to protect its own confidential information of a similar nature. 13. Indemnification. Except to the extent caused by the negligent acts or willful misconduct of you, we will indemnify, defend and hold you, your officers, directors, employees, agents, and permitted assigns (each Agency Indemnitee) harmless from and against all claims, demands, losses, liabilities, costs, expenses, and reasonable attorneys' fees, arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of TASER under or related to this Agreement. 14. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE WARRANTIES STATED IN THIS AGREEMENT ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY TASER. WE DO NOT MAKE AND HEREBY DISCLAIM, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. EXPRESSLY EXCLUDED ARE ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER STATUTORY OR COMMON LAW WARRANTY. UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR LOSS OF PROFITS, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, EXCEPT FOR OBLIGATIONS OF CONFIDENTIALITY AND INDEMNIFICATION SET FORTH IN THIS AGREEMENT, THE LIABILITY OF EITHER PARTY TO THE OTHER PARTY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO TASER UNDER THIS AGREEMENT FOR THE SERVICES IN THE PRIOR 12 MONTHS PRECEEDING THE CLAIM. NOTHING IN THIS SECTION LIMITS YOUR OBLIGATIONS UNDER SECTIONS 1 AND 2. 15. Insurance. We will maintain at our own expense and in effect during the Term, insurance coverage as set out below, and will furnish certificates of insurance or self-insurance upon your request: a. Commercial General Liability Insurance with limits of $1,000,000 per occurrence for Bodily Injury, Property Damage, and Personal and Advertising Injury; b. Workers' Compensation Insurance in compliance with the statutory requirements of the state in which the Services are performed and Employers' Liability Insurance with limits of not less than $500,000 each Accident and Disease per Employee/Policy Limit; and c. Commercial Automobile Liability Insurance covering hired and non -owned vehicles for which we may be responsible with limits of $1,000,000 per occurrence Bodily Injury and Property Damage. 16. General. a. Non -Discriminatory Employment. We will not unlawfully discriminate against any individual based on race, color, religion, nationality, sex, sexual orientation, age, or condition of disability. We understand and agree that we are bound by and will comply with the nondiscrimination mandates of all Federal, State and local statutes. b. Notifications. Any notice permitted or required under this Agreement will be deemed to have been given if It is in writing and personally served or delivered, mailed by registered or certified mail (return receipt requested), delivered by a national overnight courier service with confirmed receipt, or sent by email to the parties at the addresses listed in the signature block at the end of this Agreement. c. Force Majeure. We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. d. Independent Contractors; Non -Exclusive Rights. The parties are independent contractors, and neither Title: Professional Services Agreement Depary nen[: Legal Version: 3.0 Release Dale: S2J1112013 Page 5 of 6 Page 530 of 733 (D TAS E FR Professional Services Agreement party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, or fiduciary or employment relationship between the parties. e. Entire Agreement; Modification. This Agreement, including the Quote, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our provision of the Services. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. All headings are for reference purposes only and must not affect the interpretation of the Agreement. f. Severability. This Agreement is contractual and not a mere recital. Sections 1-2, 5-6, 10-15, and 17-18 will continue in force and effect after termination of this Agreement. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect. g. Waiver. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of the provision nor limit the party's right to enforce the provision at a later time. h. Voluntary Agreement. This Agreement was negotiated and executed voluntarily and is not the result of duress, fraud, undue influence or any threat of any kind. All parties had the opportunity to consider this Agreement, to consult with counsel, and fully understand the Agreement. i. No Third -Party Beneficiaries. This Agreement does not create any third -party beneficiary rights in any individual or entity that is not a party to this Agreement. j. Assignment. Neither party may assign or otherwise transfer this Agreement or any of its rights and obligations under this Agreement without the prior written approval of the other party. except that we may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without the consent of you (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to as part of a corporate reorganization. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. k. Applicable Law. The validity, construction, interpretation, and administration of this Agreement will be governed by and must be interpreted under the laws of the State in which the Services are performed. In the event of any legal action to enforce the provisions of this Agreement, the successful party in enforcing any provision of this Agreement will be awarded that party's reasonable attorneys' fees and costs. 17. Definitions. "Confidential Information" means any and all financial, technical, legal, marketing, network and/or other business information, know-how, plans, records, files, file layouts, manuals, documentation, or data (including, but not limited to, computer programs, code systems, applications, analyses, passwords, procedures, output, software sales, personal individual information, and lists compilations). All information communicated during the course of this Agreement, whether written or oral, will be assumed confidential even if it is not specifically noted as such at the time of the disclosure. Both parties acknowledge and agree that a disclosing party's Confidential Information is the proprietary property of the disclosing party and constitutes valuable trade secrets. Nothing in this Agreement will be construed as granting the receiving party any right of use, title, or interest in the disclosing party's Confidential Information. "Installation Site" means the location(s) where the Products are to be installed. "Products" means all equipment, software, cloud based services, Product User Documentation and software maintenance releases and updates provided by us under this Agreement. "Product User Documentation" means either (i) specifications, explanatory or informational materials, whether in paper or electronic form, that relate to the Services provided under this Agreement, or (ii) user manuals, technical manuals, training manuals, specification or other explanatory or informational materials, whether in paper or electronic form, that relate to the Products provided under this Agreement. "Services" means the professional services provided by us pursuant to this Agreement. [Document Revised 12-11-20131 Microsoft is a trademark of the Microsoft group of companies © is a trademark of TASER International, Inc., and AXON and TASER are registered trademarks of TASER international, Inc., registered in the US. All rights reserved. © 2013 TASER International, Inc. 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S U °' © y > c ❑ o E o o y aID Ei•y CL 'Z Z � "n• y 68 w L O uW H 3 E O R O P_'cvca, H oil">S OC c° u h .Qw O m I av p co co I- 0 IT co LO (D 0) ca Lori LaVerriere City Manager December 6, 2016 Florida statute 932.7055 (5)(a) mandates the following regarding federal forfeiture funds: If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education, prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Requesting Commission Approve the use of $62,174.00 of federal forfeiture funds for the implementation of a Body Worn Camera (BWC) Program that includes 80 body worn video cameras and associated digital evidence management software. It also includes the necessary accessories, storage, management tools and training for a successful body worn cameras program. This request will just be for the first year of the contract. By having a BWC program, the department has the opportunity to provide the full unedited version of an incident video from the officer's perspective. The program will also increase transparency and police legitimacy. Transparency is a benefit because it will show to the community the department's willingness to open itself up to outside scrutiny. Transparency can also demonstrate to the community that officers aim to act in a fair and just manner when interacting with citizens, also known as procedural justice. Transparency leads to public trust and trust benefits the community. Studies into the BWC programs nationwide (Rialto, Mesa, Phoenix, Orlando, Albuquerque) have shown improved police officer behavior measured through citizen complaints and use of force incidents. In addition, it has also shown a reduction in assaults against officers. The Rialto study showed a reduction of citizen complaints by 88 percent and a reduction of use of force by 60 percent when they implemented their BWC program in 2012. BWCs may have a civilizing effect, resulting in improved behavior among police officers and citizens. It may also be due to changes in citizens filing frivolous complaints against officers wearing cameras. Another advantage of having a BWC program is the expedited resolution of complaints and lawsuits. Complaints against officers are often adjudicated as "not sustained" after considerable resources are devoted to the investigation. With the advent of BWC, the process of considering any complaint will be made much easier and judicious by using the evidence from the camera. Lastly, supporters of BWC have also suggested the technology can serve as an important training tool. A review of officer behavior could be especially useful when critical incidents, such as a use of force, are recorded. This is a powerful tool for a Training Section to help highlight effective and ineffective actions. The above is not an all-encompassing list of BWC program advantages, as the initiative grows many more positives will become evident, these are just a few of the most impactful currently. The Boynton Beach Police Department remains dedicated to providing effective, efficient, and impartial police services while committed to the sanctity of the public trust. This expenditure fulfills both our legal obligation Page 535 of 733 under Florida State Statute 932 and the strategic intent of our department mission. The funds should be drawn from account 691-5000-590-04-22 (Federal Forfeiture Law Enforcement Trust Fund). The current account balance is: $179,419.29. This is a one-time donation expense. Page 536 of 733 Page 537 of 733 7.B. REQUESTED ACTION BY COMMISSION: Approve a one-year renewal for the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) Bid No. 025-2821-15/JMAto Brenntag Mid -South Inc. of Orlando, FL with a $45.00 per ton increase from $498 per ton to $543 per ton. This product will be ordered on an "As Needed" basis for the estimated annual expenditure of $150,000. EXPLANATION OF REQUEST: BID RENEWAL TERM: MARCH 2, 2017 TO MARCH 1, 2018 On February 17, 2015, City Commission approved the bid award to Brenntag Mid -South, Inc. to provide the City with Sodium Hydroxide (Liquid Caustic Soda). The awarded bid price was $498.00 per ton. The price has remained the same for the two year period March 2, 2015 thru March 1, 2017. Brenntag Mid -South's supplier of caustic soda has increased their product pricing six (6) times in 2016 and is requesting an increase in accordance with the City's bid documents and renewal options. Our bid document allowed for "Cost Adjustments" provided that the vendor notifies the City in writing and includes documentation of the requested price increase. Brenntag has complied with this requirement and has provided copies of letters from their supplier notifying Brenntag of the cost per ton increases. Effective March 2, 2017, Brenntag's price per ton for caustic soda would be $543.00, an increase of approximately 9%. Finance has reviewed the request and recommends approval of the increase for the renewal period March 2, 2017 thru March 1, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Feed water to the West Water Treatment Plant (West WTP) has a high pH and contains the dissolved gas hydrogen sulfide. Sulfuric acid is therefore added to the feedwater before the membrane filtration system to lower the pH, thereby aiding in reducing the formation of calcium carbonate scale on the membranes. However, this produces carbon dioxide which, along with hydrogen sulfide, remains dissolved in the water and is not separated out by the membrane system. During the degasification process that follows, sodium hydroxide is added to the system to neutralize the corrosive and noxious odors associated with the release of hydrogen sulfide to the atmosphere. This addition also raises the pH which prevents scaling of the pipelines to the consumer. Thus, minimal adjustment of pH or removal of hydrogen sulfide would pose great risks to the City's infrastructure and to public health. FISCAL IMPACT: Budgeted Funds are available in account number 401-2811-536-52-35. Actual Expenditure for Sodium Hydroxide in FY 2014/2015: $66,300.00 Actual Expenditure for Sodium Hydroxide in FY 2015/2016: $80,000.00 The lower than normal usage over the last fiscal years was due to the West WTP operating at a lower capacity. The projected expenditure for the renewal year is anticipated to be approximately $150,000. Page 538 of 733 ALTERNATIVES: The City of Boynton Beach could explore the use of other neutralizing agents or anti-scalants. However, this may lead to higher water treatment costs or possible water quality infractions. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Letter D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Letter and documentation from Brenntag Agreement to extend bid with increase per ton. Reviewer Action Date Howard, Tim Approved 1/6/2017 - 3:41 PM Howard, Tim Approved 1/6/2017 - 3:41 PM Swanson, Lynn Approved 1/9/2017 - 3:01 PM LaVerriere, Lori Approved 1/10/2017 - 8:22 AM Page 539 of 733 Attention: Tim W Howard The City of Boynton Beach Procurement sion We look forward to continuing business and providing the highest quality and service to The C of Boynton Beach and neighboring Citys. ill .............. AN 7171M WI 4101 zxojffie�l V-14, "I'll", Page 540 of 733 Ark 0 ---on - CHLORALKALI u� r Dear Mr. Johnson: 4W PAM Rand, , CWMend, TOMMM 37312 a Fax wwoInMbrawl.coM February y 2016 Effective 'i d,,�ins "7"'-- r,�- r , Your account ,t' I � F Page 541 of 733 t j tr. 4W ShUM Rood, o Cbvebnd, TOnnUM 37312 h wwwAnchbmikal.mm March 2010 d Rene Whigharn Marketin l_ ,mj ,tji5; ," �r �r Page 542 of 733 I A %le 0 Un - CHLORALKALI PRODUCTS AND VINM Mr. Ron Johnson Brenntag Mid -South, Inc. 490 Stuart Road, NE, G"WA Tennam 37312 Phm, 423F&%S4&90 -/ : 4230354M InlemetAddissa: www.dnd9omftjjA= SUBJECT.- Caustic Soda Price Increase Announcernew, Dear Mr. Johnson: �\\�� \\�� `��»��fm}\ \\\� \%\� \\� � �� =z.%<}2 «,:l ��{� \/�\Q!\#\/\6 J«,<\�«.\%.l° �� \— ... Page 543 0 733 (f 1-110-R ALKALI MODUCTS AND VINYLS If V14 I "I'll 5 A FA 490 GhM Rand. NE, CIMIGnA TennsKm 37312 Phone' . 423M64M a Fax 423MB"M Wmn* Addmw wm.ollmhbmftll.mn U=� C,XXA)v�"O Rene Whigham Markefig&&Wcilor. All Page 544 of 733 CHLORALKALI PRODUCTS AND VINYLS 400 Stuart R=d, NE, Cbvobnd, Tw, minme 37312 Fax June 2018 1 r� r mm -11,0=773 J15 MQ10, %iwj.�77177rral a no 10Gay ,cflimesforralshipments until t hor - g Rena , , ,, m malal tt Page 545 of 733 0 'n. Cl -WR ALKALI PRODU'CrS AND VINYLS Mr. Ron Johnson Brenntaq Mid -South, Inc. 490 Bbmrl RamdNE, CWvoWnd, Tenneum 37312 Phow 42=84M @ Fjoc 423=4M IntemV Addme, www,rAlnchWvrmLwm I pillill 1!!!l 11111111 1171111111 'Aal MIT 2 Page 546 of 733 The City of Bounton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (5611742-6316 December 28, 2.016 Brenntag Mid -South, Inc. 250 Central Florida Parkway Orlando, FL 32824 ATTN: Mr. Ray Sibbitt, District Manager RE: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID No.: 025-2821-15/JMA CURRENT BID TERM.- MARCH 2, 2016 TO MARCH 1, 2017 Dear Mr. Sibbitt: The bid term for the "Annual Supply of Sodium Hydroxide" will expire March 1, 2017. The Bid Documents allow for two additional one-year extensions with the same terms, conditions and pricing. The City of Boynton Beach would like to renew the existing Bid for an additional one-year term. We appreciate your quality product and service. Therefore, if you agree, upon City Commission approval, we would extend the existing Bid from March 2, 2017 to March 1, 2018. Please indicate your response on the following page and return it to Finance/Procurement Services at your earliest convenience, We look forward to continue working with you and your Company. If you should have any questions, please feel free to call Julianne Alibrandi, Sr. Buyer, at (561) 742-6322 or E-mail at ali brand i !B.bbfl. us. Sincerely, ., • A2. A4.MQ Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: File America's Gateway to the Gulf Stream Page 547 of 733 December 28, 2.016 BID NAME: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID NO.: 026-2821-16/JMA Agreement between the City of Boynton Beach and Brenntag Mid -South: BID RENEWAL TERM: MARCH 2, 2017 TO MARCH 1, 2018 Yes, I agree to extend the existing bid under the same Terms, Conditions and Pricing. 7Yes, I agree to extend the existing bid with the same Terms and Conditions but with the following pricinL4,,, .00 DEL 400 I No, I do not wish to extend the bid as explained below: BRENNTAG MID -SOUTH (Iq 9A bb1_4 NAME OF REPRESENTATIVE Please Print 1. lkU DATE' CMAIL ADDRCTS It M0 rul :4 ow, viol P1 America's Gateway to the Gulf Stream Page 548 of 733 10.A. CITY MANAGER'S REPORT 1/17/2017 REQUESTED ACTION BY COMMISSION: Discuss and approve the City of Boynton Beach Legislative Priority List for the 2017 State of Florida Legislative Session - Mat Forrest EXPLANATION OF REQUEST: Approving a priority list for the 2017 Legislative Session provides our lobbyist, Ballard Partners, Inc., the information needed to successfully promote the interests of the City Commission for the overall benefit of the citizens and businesses of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? To be determined. Legislation coming from the 2017 Legislative session has the potential to either help or harm city operations and home rule authority. This makes it important for the City Commission to provide our lobbyist with their requirements before the beginning of session. FISCAL IMPACT: None at this time. ALTERNATIVES: Not approving a Legislative Priority List will hinder the ability of our lobbyist to successfully represent the City of Boynton Beach in the fast paced Legislative Session. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment 2017 Legislative Priorities REVIEWERS: Page 549 of 733 Department Reviewer Action Finance Howard, Tim Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date Page 550 of 733 City of Boynton Beach City Commission 2017 Legislative Priorities Unfunded Mandates OPPOSE any unfunded mandates imposed on local governments through the legislative or budget process. Regulation of Group/Sober Homes SUPPORT licensing/taxing/zoning regulation for operation of group/sober homes at the local level. SUPPORT Palm Beach County State Attorney's task force recommendations. Heroin Dilemma SUPPORT legislation that helps provides local support to address this wide ranging issue. SUPPORT Palm Beach County State Attorney's recommendations. Communications Services and Local Business Tax Protection OPPOSE any legislation that reduces general revenues collected from the local communications services tax. These revenues are used to provide essential municipal services, such as public safety and constructing and maintaining roads and bridges, public parks and open spaces. Maintaining a diversified revenue base strengthens the fiscal stability of local governments and improves their ability to serve citizens and businesses. OPPOSE any legislation that reduces general revenues collected from the local business tax and preserves the local authority to levy the tax. Economic Development SUPPORT a full range of legislation that will help provide jobs, continue and strengthen incentives for target industries, support for small and home based businesses, and general business investment. SUPPORT legislation that authorizes municipalities increased flexibility to enter into public-private partnership agreements pursuant to state law or by home rule authority. Government -Owned Utilities MONITOR and OPPOSE any legislation that will remove home rule authority for municipalities providing water and sewer services outside municipal boundaries. Page 551 of 733 Water SUPPORT legislation that clarifies all users of stormwater utility, including government entities, are required to pay stormwater charges to fund the cost of operation and maintenance of such a utility. SUPPORT legislation that provides a recurring source of funding for local government programs and projects that protect water resources, improve water quality and quantity, mitigates pollution from onsite waste water systems and expand the use of alternative water resources, recognizing that reclaimed water is an asset paid for by utilities' rate payers. MONITOR legislation relating to water, water quality, stormwater and centralized sewer systems to ensure that the state or special districts do not impose unfunded mandates on local government utilities. Transportation/Mobility Fee MONITOR and SUPPORT legislation that preserves local control of transportation planning and provides opportunities for increased and alternative revenue sources to fund municipal transportation infrastructure projects including non -motorized transportation corridors and local transit connectivity to existing and proposed regional transit systems. OPPOSE any legislation that preempts municipal home rule authority to impose impact fees or transportation concurrency. Commuter Rail MONITOR and SUPPORT legislative and budget opportunities related to FEC commuter rail station for downtown Boynton Beach and budgetary opportunities to offset infrastructure costs as well as funding options for Operations & Maintenance CRA/Downtown Redevelopment & Transit Oriented Development (TOD's) SUPPORT and MONITOR legislation that will strengthen and support the planning and implementation of transit -oriented developments (TOD's) on a local and/or regional scale. Eco -tourism and Marine Industry Incentives SUPPORT legislation that will assist in protecting our beaches and supporting the marine industry. These include bills to create new, and enhance existing programs related to working marina's, increased funding for kayak/canoe launches and water taxi's as well as access to local waterways. Greenways & Trails SUPPORT legislation that encourages and funds Greenways & Trails. This includes safe bikeways & pedestrian ways, connectivity with regional plans as well as other non - motorized transportation incentives. Cultural Tourism Page 552 of 733 SUPPORT legislation that identifies the importance of cultural tourism as an economic driver for local governments and provides funding opportunities for the creation and continuation of public art, galleries, libraries, events and festivals. Historic Preservation SUPPORT legislation that recognizes the importance of local and regional historic preservation and creates funding opportunities for programming and infrastructure projects that support historic preservation and provides grant funding. Actively seek funding opportunities for the preservation and rehabilitation of the city's Old High School. Public Safety/Security SUPPORT legislation that creates funding opportunities for replacing or building needed public infrastructure for the safety and welfare of the citizens and employees of the City of Boynton Beach. Actively seek funding opportunities for a new Police Facility and City Hall. MONITOR and SUPPORT legislation that enhances cybersecurity programs, protects internal technology infrastructure information, and promotes the sharing of cybersecurity attack information between government and private agencies. SUPPORT legislation that repeals the state preemption of the regulation of vacation rental properties in order to allow local governments to regulate such properties to protect the health and welfare of residents, visitors and businesses. General Government SUPPORT public records reform to discourage or eliminate schemes designed to generate violations of public records laws as well as limit harassing or unreasonable public records requests. Emergency Management/Mitigation/Sustainability Recognizing the impacts sustained by cities related to sea -level rise, changing precipitation patterns and increasing storm severity, the City of Boynton Beach SUPPORTS legislation that encourages vulnerability assessments, coordinates resources and supports the efforts of local governments to mitigate and adapt to these dynamic environmental conditions Page 553 of 733 12.A. NEW BUSINESS 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-012 -Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of a Community Standards Outreach Coordinator for FY 16/17 for an amount not to exceed $134,000. EXPLANATION OF REQUEST: AGREEMENT PERIOD: Date of ILA Execution - September 30, 2017 At the January 10, 2017 CRA Board meeting an Interlocal Agreement between the CRA and the City was approved to provide funding for a Community Standards Outreach Coordinator position for the FY 16/17. At the August 17, 2016 CRA budget meeting, the CRA Board voted to fund a Community Standards Outreach Coordinator position as part of the CRA's Clean & Safe Program. This position is part of the Community Standards Division at the City which reports to the Fire Department. The position will be dedicated to the Community Redevelopment Area, CRA and City staff have met and agreed upon goals for the position for FY 16/17. Once approved, the City shall invoice the CRA quarterly for direct program expenses as outlined in the ILA. While the CRA will provide funding for one (1) position within this program, the operational and supervisory control remains with the City's Community Standards Division. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Will provide an additional position for the City's Community Standards Department that will b e able to concentrate on issues in the CRA district. FISCAL IMPACT. Budgeted CRA will reimburse the City up to a maximum of $134,000 for costs associated with a Community Standards Outreach Coordinator position for the FY 16/17. ALTERNATIVES: Do not approve the ILA. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 554 of 733 Is this a grant? No Grant Amount: ATTACHMENTS: Type rbinva1=111111;- 1 REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving ILA with CRA for Community Standards Outreach Coordinator CRAAgenda item 1-10-17 Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 1/10/2017 ® 10:11 AM 1/10/2017 ® 10:11 AM 1/11/2017 ® 1:24 PM 1/12/2017 ® 1:28 PM Page 555 of 733 I RESOLUTION NO. R17- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY FOR THE CRA FUNDING OF A 7 COMMUNITY STANDARDS OUTREACH COORDINATOR FOR 8 FY 16/17 IN ANAMOUNT NOT TO EXCEED $134,000.00; AND 9 PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, at the January 10, 2017 CRA Board meeting an Interlocal Agreement 11 was approved to provide funding for a Community Standards Outreach Coordinator position 12 for the FY 16/17; and 13 WHEREAS, on August 17, 2016, the CRA Board voted to fund a Community 14 Standards Outreach Coordinator position as part of the CRA's Clean & Safe Program; and 15 WHEREAS, the position is part of the Community Standards Division at the City 16 which reports to the Fire Department and the position will be dedicated to the Community 17 Redevelopment Area to concentrate on issues within the CRA District; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff and the CRA Board, deems it to be in the best interests of the 20 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 21 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 22 Agency regarding the CRA funding of a Community Standards Outreach Coordinator for 23 Fiscal Year 2016/17 in an amount not to exceed $134,000.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Page 556 of 733 26 Section 1. Each Whereas clause set forth above is true and correct and 27 incorporated herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 30 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the CRA 31 funding of a Community Standards Outreach Coordinator for Fiscal Year 2016/17 in an 32 amount not to exceed $134,000.00, a copy of said Interlocal Agreement is attached hereto as 33 Exhibit "A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of 2017. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 557 of 733 Old Business I I New Business I I Legal I I Information Only— FXCI4►1.711111111'=I,le W4 0:41 Review and Discussion of ILA for the Funding of the Neighborhood Sustainability – Community Standards Outreach Coordinator SUMMARY: At the August 17, 2016 CRA budget meeting, the CRA Board voted to fund a Community Standards Outreach Coordinator positon as part of the CRA's Clean & Safe Program. This position is part of the Community Standards division of the City of Boynton Beach, which reports to the Fire Department. The position will be dedicated solely to the Community Redevelopment Area. The proposed ILA, Program Description, Budget and Organizational Chart are attached. The attached has been reviewed by both the City and CRA Legal counsel. The goals of the Program and Position for FY 2016-2017 are: • Understand the CRA Redevelopment Plans and goals. • Have a working knowledge of CRA grants and programs. • Meet with the CRA Executive Director twice a month. • Assist in establishing goals which are SMART (Specific, Measurable, Attainable, Realistic, & Timebound) • Engage residents and business owners. • Provide emphasis on responsible community code enforcement. • Implement special initiatives to resolve neighborhood specific solutions to comply with City Codes, State Laws, and Regulations. • Provide CRA residents and businesses with solution -oriented issue resolutions. • Assist with public education and violation prevention within the CRA Redevelopment area. • Identify specific problems within the CRA Redevelopment area and help with the coordination of CRA resources and other City services to resolve violation issues. • Personnel assigned to this function shall work a minimum of 40 flours a week. Thirty of these hours will be spent in the community, building relationships, collecting information and providing resources and information to residents and business owners who seek to promote positive change within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with Community Standards Program within the CRA Redevelopment area. In addition: Personnel assigned to this function will be furnished with equipment as specified in the budget for FY2016-2017, provided such equipment does not violate statutory designated expenditures. 00742755-1 Page 558 of 733 • CRA staff shall be informed of the Neighborhood Sustainability, Community Standards Outreach Coordinator's hours on a regular basis. • The CRA shall be provided with an organizational chart of the Community Standards department. • The CRA shall be provided a quarterly written report outlining the following: o Hours worked by the CRA Community Standards Outreach Coordinator o Activities undertaken to achieve the goals of the Program o Relevant statistics for the reporting period. • At the end of the fiscal year, the Community Standards Department shall provide a written report summarizing the goals achieved along with a statistical report and associated map. Included in the report shall be recommendations for Program changes for the next fiscal year. • Funding for the Program shall be appropriated annually at the discretion of the CRA Board. • CRA Board approved funding for the Program, Fiscal year 2016-17, shall be in the amount of $134.000 as described in the agreement. If approved by both Boards, the City and CRA will enter into an Interlocal Agreement for the reimbursement of Program eligible and direct expenses incurred by the City. The City shall invoice the CRA each quarter for direct program expenses while the Program is operational not to exceed the approved funding. While the CRA will provide funding to support this program, operational and supervisory control remains with the City's Community Standards Department FISCAL IMPACT: $134,000 — FY 2016-2017 Budget, line item: 02-58500.461 CRA PLAN/PROJ ECUPROG RAM: 2016 Boynton Beach Community-- _r - i .18T �: ► ! Jj I k1l 14 7 To -T -IMP -1 CommunityCRA BOARD MOTION/OPTIONS: Approve the ILA for the Neighborhood Sustainability, • •s Outreach CoordinatorProgram. 00742755-1 Page 559 of 733 Page 560 of 733 R i a ! 24 51A I 3110V 0 1 t ! 7 4 a L Is PON MIA THIS AGREEMENT is made this ___________ day of , 2017 by and between e CITY OF BOYNTON BEACH, a Floiida Municipal Corporation, ("City"), and e BOYNTON BEACHY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or "Parties"). the C 's Neighborhood Sustainability, Community Standards Program ("Program") is intended to improve the quality of life for area residents and to increase private investment within the Community Redevelopment Area ("Redevelopment Area") by ensuring customers receive a high level of service, customer accessibility, timely communications, effective outreach, education and problem resolution with the goal of strengthening the relationship with residents and business community and ensuring the highest level of customer satisfaction with respect to the provisions of the City and ordinances and policies, including those specific to the Redevelopment Area; and WHEREAS, the goal of the CRA's Redevelopment Plan is the elimination of slum and blighted conditions in the Redevelopment Area is; and WHEREAS, the Program has jurisdiction within the Redevelopment Area; and the City desires to provide the CRA with the management for the Program under the terms of the Program shown in Exhibit "A;" and WHEREAS, the CRA Board finds that this Agreement, and the use of the C 's funds to implement a portion of the Program that specifically serves the Redevelopment Area is consistent with the Community Redevelopment Plan and Florida Statutes; and 06742721_1 Page 561 of 733 due to the intended elimination of slum and blighted conditions, the beneficial economic impact of the Program, the CRA and the City find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the residents and business owners of the City, including those within the Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated herein. 2. Obligations of the CRA. The CRA shall provide funding to the City in the maximum amount of One Hundred Thirty Four Thousand and 00/100 Dollars ($134,000.00), for the Program to be used for reimbursement of the costs associated with employing and equipping one Community Standards Outreach Coordinator specifically dedicated to the Redevelopment Area ("Coordinator"), as further described in Exhibit "A." Upon receipt of a complete, written request from the City, the CRA shall make payments to the City on a quarterly basis for the reimbursement of direct expenses related to the Coordinator in order to be deemed complete, the written request from the City for payment must include all payroll and program documentation, a copy of the Coordinator's work schedule, and copies of receipts indicating the amount and the purpose for the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty (30) days of receipt of a complete request from the City. 3. Obligations of the City. On a quarterly basis, the City shall provide a report to the CRA regarding the Program as it was implemented within the Redevelopment Area for that quarter. The report shall detail the activities of the Coordinator for that quarter and all other information Exhibit "A" states will be contained the quarterly report. 00742726-6 Page 562 of 733 4. The City shall indemnify, save, and hold hannless the CRA, its agents, and M11111114 MOM= may be asserted, claimed, or recovered against or from the CRA, its agents, or its sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Coordinator or the Program. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the City to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 5. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and shall terminate on September 30, 2017 ("Termination Date"). The CRA shall not be required to reimburse the City for any requests submitted after the Termination Date. The term of the Agreement may be extended one time and may only be extended upon approval by the CRA Board and upon the appropriation of CRA funds for this Agreement in the subsequent fiscal year's budget . Such extension is only effective upon the execution of a written amendment signed by both Parties. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this 96742721-1 Page 563 of 733 ImLIM =V- =.,III Iro"ITMOM."Jaillmrs M M11.1111IM!"IM11 117T� Wrifflolm Mill"m 1EMM3JEJ=lrq=-- V I 11r,": HINT TIMUCT4117-T-511 I OlLhu-tili-W] 2 T M 24= M In I I during the term of this Agreement and at least 1 year after the termination of the Wa� 7. Fil1mg. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163. 01 (11) of the Florida Statutes 8. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party, and may be entitled, but is not required, to seek specific performance of this Agreement on an 11 1111ii! 111111111 111111 1111111111PI 111111111511 11111111 ! 1 1 . - I - - relate to the health, safety, and welfare of the residents of the City and Redevelopment Area. . Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal 00742721-1 Page 564 of 733 M OR statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 11. Entire Agreement. gsolA herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 12. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end, this Agreement is declared severable.. 13. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 00742721-1 Page 565 of 733 1111111111 ��,�� 1111til 1 I '', 0111041:162 111117111, !1111:11111tir y"k—mm orientation or disability for any reason in its hiring or contracting practices associated with FM 3 F Me WIWI= M lo notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. CITY: Lori LaVerricre, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Michael Simon, Interim Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 IF 11 oil I D0742721-1 Page 566 of 733 17. Interpretation. This Agreement shall not be construed more strictly 11 ��=TJJFIJRJJM IFIR111 ljllipl�lljll�ljl IpJJ��l III I ilillilii Jill 1111111 111' 1 11111 111 11111 I Q 0710 K I C-1 Timm�il I I Agreement as of the date set forth above. klyw0m Judith Pyle, City Clerk Approved as to Form: Approved as to Form: mfwffnwm�� 00742721-1 I 11111111 11 PRIME'' 11 MGi1 CITY OF BOYNTON BEACH, a Florida municipal corporation Steven B. Grant, Mayor Em -39_1449 rKII f13 0102 1 "b By: Steven B. Grant, Chair Page 567 of 733 I to]I0 1:1I The Neighborhood Sustainability, Community Standards Program is designed to assist the public, including private residents and business owners, to ensure customers within the Community Redevelopment Area receive a high level of service, customer accessibility, timely communications, effective outreach, education and problem resolution with the goal of strengthening the relationship between the City of Boynton Beach Community Standards Department and residents and business community to ensure the highest level of education, outreach and satisfaction with respect to the provisions of the City of Boynton Beach code of ordinances and policies. A major goal of the Neighborhood Sustainability, Community Standards Outreach Program is to cultivate high levels of mutual trust, understanding and respect between the CRA Community Standards Outreach Coordinator and the residents and business within the Community Redevelopment Area. In order to achieve this, it is necessary that the Community Standards Outreach Coordinator develop relationships which transcend the confines of ordinary community standards activities and instead focuses upon building sustainable problem solving partnerships. Additionally, building problem solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenges members of the public and businesses face and will help the Community Standards Outreach Coordinator garner unique insights which might aid in addressing these challenges. This program is designed to help effectively integrate the assigned Community Standards Outreach Coordinator into the fabric of the CRA community. 00742748-1 1 Page 568 of 733 Reducing slum and blight and improving the quality of life within the Community Redevelopment 1. development of these types of productive an!• meaningful relationships between citizens and representatives of their local government. Neighborhood Sustainability, Community Standards personnel are postured to serve as a catalyst to an array of CRA r City services, community• and community.organizations which can aid those in need as they work to better their circumstances and work in concert with other community partners to confront the challenges they identify within the Boynton Beach Community Redevelopment The City of Boynton Beach Community Standards Department shall make all necessary efforts to achieve the following CRA Program Goals and Activities. The assigned CRA Community Standards Outreach Coordinator will, in addition to the Essential Function of the job description: • Understand the CRA Redevelopment Plans and goals. • Have a working knowledge of CRA grants and programs. • Meet with the CRA Executive Director twice a month. • Assist in establishing goals which are SMART (Specific, Measurable, Attainable, Realistic, & Timebound) • Engage residents and business owners. • Provide emphasis on responsible community code enforcement. • Implement special initiatives to resolve neighborhood -specific solutions to comply with City Codes, State taws, and Regulations. • Provide CRA residents and businesses with solution -oriented issue resolutions. • Assist with public education and violation prevention within the Community Redevelopment Area. • Identify specific problems within the Community Redevelopment Area and help with the coordination of CRA resources and other City services to resolve violation i Work a minimum of 40 hours a week. Thirty of these hours will be spent in the community, building relationships, collecting information and providing resources and information to residents and business owners who seek to promote positive change within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with Community Standards Program within the Community Redevelopment Area. Further, the CRA and the City agree: Personnel - • -• to this functionbe -• with equipment as specified in the budget for1 . 1 provided equipment does not• ,statutory designated expenditures. 00742748-1 2 Page 569 of 733 staff shall be informed of the Neighborhood Sustainability,Community Standards re o f tr' hours on a regular basis. + The CRA shall be providedi niatio I chart of theunity Standards department. • The CRA shall be provided a quarterly written report outlining the following: o Hours worked by the CRA Community Standards Outreach Coordinator o Activities undertaken to achieve the goals of the Program o Relevant statistics for the reporting period. • At the end of the fiscal year, the Community Standards Department shall provide a written report summarizing the goals achieved along with a statistical report and associated map. Included in the report shall be recommendations for Neighborhood Sustainability, Community Standards Program changes for the next fiscal year. • Funding for the Neighborhood Sustainability, Community Standards Program shall be appropriated annually at the discretion of the CRA Board. + The CRA Board approved funding for the Neighborhood Sustainability, Community Standards Program for Fiscal year 2016-17 shall be in the amount of $134,000 as described in Attachment I to this Exhibit, which is hereby incorporated as if fully set forth herein. • This document may be incorporated as an Exhibit to an Interlocal Agreement between the City and the CRA for the reimbursement of certain eligible and direct expenses incurred by the City associated with the Neighborhood Sustainability, Community Standards Program. The City shall invoice the CRA each quarter for direct program expenses while the Neighborhood Sustainability, Community Standards Program is operational, not to exceed the approved funding. • While the CRA will provide funding to support this program, operational and supervisory control remains with the City's Community Standards Department. 00742748-1 �3 Page 570 of 733 I11 LLNOTE: All amOunts Provided by Clb Fj.Ta Page 571 of 733 uz co co ti O N ti LO N 0) m 0- y Lu S {m +d N~r iN L LL A) fA C C ErW ul .L w C a 0 GE C tJ ■s gg Y C C O u wv _ ! e 3 � r C q L 12. B. NEW BUSINESS 1/17/2017 REQUESTED ACTION BY COMMISSION: Accept the ranking of the proposers as determined by the Evaluation Committee for the Request for Qualifications for Town Square Redevelopment, RFQ No. 004-1210- 17/JMA. The Committee also recommends that the Commission request the three (3) top ranked submittals be moved onto Part I I of the process. EXPLANATION OF REQUEST: A Request for Qualifications was issued for Town Square Redevelopment. The City received and opened four (4) responses publicly on November 22, 2016. The responses were evaluated in accordance with the criteria explained in the RFQ for evaluating Part I. The responses were reviewed by the Selection Committee, comprised of: Lori LaVerriere, City Manager; Michael Simon, Interim CRA Executive Director; Andrew Mack, Director of Development; Jeff Livergood, Director of Public Works; Llnda Cross, Chair of CRAAdvisory Board; and Ryan Wheeler, Planning and Development Board Member. The responses were reviewed and scored by the Selection Committee. The summary results are as follows: FIRM SCORE (Max - 600) RANKING Boynton Vision 510 1 E21- Real Estate Sol 454 2 MCC, LLC 434 3 Town Sq Partners 422 4 In accordance with Section 4 - Evaluation of Proposals, B.6., the committee has reviewed and ranked the RFQ Part I submittals and are submitting the ranked list to the Commission for acceptance and recommending the Commission to move the top three (3) ranked submittals to Proposal Part I I of the process. The responses were evaluated based on the information submitted in the following areas: • Applicant/Team Experience • Project Team Structure • Financial Capability HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The goal of inviting proposers to respond to Part 11 is to give the City information concerning the developer teams proposal in order to select a development partner to redevelop the Town Square. FISCAL IMPACT: Budgeted None at this time. ALTERNATIVES: City Commission may accept the Committee's rankings and request the top (3) ranked firms to move forward to Part II or; Page 574 of 733 The Commission may change the number of proposers being requested to move to Part 11 or; The Commission may not accept the rankings as provided by the Selection Committee and request a new RFQ be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Summary of Reviewer Scores Tab Sheet Info from RFQ on Evaluation Reviewer Action Date Howard, Tim Approved 1/11/2017 ® 1:16 PM Howard, Tim Approved 1/11/2017 ® 1:16 PM Swanson, Lynn Approved 1/11/2017 ® 4:02 PM LaVerriere, Lori Approved 1/12/2017 ® 2:36 PM Page 575 of 733 Z LU d 0 J `LU LU 0 W w W Q Z 0 H w 0 LL a LL w U) W Ir U) CX o w CM 3:i w W CD a I O r LL 0 0 Z a M U) 0 Z Y r N Cl) Z Q K J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M CO r- V C W CO O 00 CO CO d' - W N 00 O Lf) d' N CO M V M N N I� W 00 00 00 m - Lo 00 CO CO 00 m m r- CO V 00 I- c) Lo 00 Lo CO I- W c4 J F Q J U O O O O O O O O O O O O O O O O O O O O O O O O m O O O O O O O O O O O O O O O O O O O O O O O O ZZ Q d N CO Lo V Lo V N N N N N Cl) CO CO r- V 00 N N N Lo I- CO CO V CO N N N N N I- LO O O Cl) O N N N N N LL Q U LLI W ~ O O O O O O O O O O O O O O O O O O O O O O O O V o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 7 Lo I- W I- N Lo N N N N Cl) Cl) LO N N - LO N N N N co co 00 LO Cl) V M N- N N CO CO W O r- V N- N N Cl) 0 y a m w "' U F W Z o 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q L V CO O Lo O Lo V Lo Nm - M 00 CO M- N CO m Lo - V m W U a Cl) Cl) Cl) Cl) Cl) Cl) N Cl) N N Cl) Cl) Cl) Cl) N N Cl) N Cl) N N N N J x a w a a a a 0 0 0 0 z o y w J Z J y a z F y F LLI o o o o O d W O y O y p O y y ` tY.i Z y N R N y ` tY.i J y N R N y ` tY.i (� y R N ry y ` ..i y N R E N 0 0 co L V `Q O` J N L J O j J N L V O J N L lcli z R T 3 d U R> 3 a R> 3 a Z U R> 3 a C 'a J v r t C R J v v t C U R J v t = R --j v v t c Q O C O d C v T N = O d = v T U c O d = T 0 = O y = v T Z m J J Q m2 W J J Q 92 ^2 J J J J Q �2 � Z W 5. - CL O -i W � W 0 W w W � Q � � � Z � O � � O LL a LL w � � U) § § $ \ Cl) \ - q 3 R E§ k f uj Lu \k JLLC-4 k m m m m m m m m £ ±± ± ± ± ± ± ± 77km««.. $ «�=d2 )L a § 0 k / k / d P>5�co k §Cn LO / \ ± _ k k §§ LU m m m m m\ m m m � 2 - � : 0 0 ± ± ± ± ± ± ± ± �f § U) k f t N 2 #C, \ 5 &� U) LU .CD ^ , n LO § oQa� > dkJ\sem \ z o a g q 4 - © 02U)�»» 0 C) $ k- 2 j j j j j j j j z _ o o f * * * * * 7 * * * o 0 z k W / 0 LL \ k 0 / \m U) I » \ §LU 7 § \} / i z x ® ¥ 3 z§ /� \ > z ± 0 e \\ j i \ / 0 / z LU ƒ U) $ f \ \ E e j E \ m 0 j o» \LU \ z J9 / 0 / / / OE 0 <e >e z 2 O z <» O x \ \ \ ƒ / / z / \ / / f 0 ®» /ƒ />\ /0 \6 ±e $§ / }Z /\ 2± ƒ3 2» $} 00 ƒjd C) $/ o- $\ O± // z - \2 ±± \7 e= ƒƒ \§ ƒi\ \7 \\ b/ r 102 pm =x <± ±- 0- _ <Lr)\ ±_ =m Of =m 0D <m \ 2 _ q q rl- 0 rl- rl- m ¢ 2 n � \ $ � Z W 5. - CL O -i W � W 0 W w W � Q � � � Z � O � � O LL a LL w � � - 0 \z/ ± m \ LU Cl)k$s� \� / �Z E � m(D§LLi /m / /!E \ \ : 2 m m // m / m m E\» � £00��=± 4 $ * ± * z_ m ± * O o ± * ± * _ e=_ o C G / co \ ®%#§ �=d2 <I / _ \\ z)Ld a)£ �a \ e /=7 R/ k 3 m L/] \ o± k \ m §fo \ LL d z 77 ��5cn( f = /7\ k § 1- } \ § \ � / m ( 0 04 L cn R j j ± m Oz j 2 2\ /eSj j j \JCL 2* * /¥ * a/0 * * -0 Cl) k k t N ® U) k 8 k \ \ / \ / & o z § _. � j j § � » x C-4 CD z \ o�Cl) In � 4 < �k\8 k / \ zoaU-gq 4 em = 02(n�»» 0 $ ±m m k m = b b z/ j O j j j Z a _ o o * * m * * * * § k 0 iR W \ o2}f�� \ a k 0 3 \ k�m j \ * e / j \ § / / E k LL j / © § \ \ m � z 7 � (-) \ <2 /e /q z \/ < z \ / // // j� O e= / /} ƒ LL � ® LL § 3 J ® k_ ± z\ /\ 2/ / /z / 2§ < ¥m 4/ // /Lu \ j� i \ e 10 =± Oo e ±± z e a m {/ 2$ \3 /\ // // �/ // z F-- O g > // §= 2 e g O m e z; ± /§ z= z0 O± z/ k\ O G ƒ7 o= f0- o® ƒ§ O= Of ± 2 7 O IrL j<m z= Bm o4 mm <4 om C) lo _ 2 _ q q � 0 m rl- m ¢ 2 n � \ $ � Z W 5. - CL O -i W � W 0 W w W � Q � � � Z � O � � O LL a LL w � � q ± L < /&7 $�\ JR6 2&- 222 ® 4 /Q/ L L ., RR2 /// ±±± Cl) _ 2 _ q q rl- 0 m rl- m ¢ 2 n � ■ $ $ z k \ j �C) E- ° ± ��LU ��ƒ�\j =z=0k//me } k Ln ico \ \ \ \ \ \ \ CN ~ R7��LL\i co Lk�k��k\z %�M /± CN O U) I » \ §LU 7 § \} / i LU z- x ® ¥ 3 z§ z \ > z ± e e \\ j i \ / 0 / z LU ƒ U) $ f \ \ E e j E E/ m j \ o» \ z J9 / 0 / / / 2- \ 4� OE <e >e z 2 O z <» O x \ \ \ ƒ / / / / \ / CO f k ®» /ƒ />\ /e \6 ±e $§ �/ }Z /\ 2± ƒ3 2» $} o0 ƒjd 90± $/ o- $\ O± // z- \2 ±± \7 e= ƒƒ \§ 0-0 \7 \\ b/ 'o e pm =x <± ±- =4 _ <�\ ±_ =m ±e 0- e= j<m Cl) _ 2 _ q q rl- 0 m rl- m ¢ 2 n � ■ $ $ � Z W 5. - CL O —i W � W 0 W w W � Q � � � Z � O � � O LL a LL w � � q ± L < /&7 $�\ JR6 2&— 222 ® 4 /Q/ L L ., RR2 /// ±±± 'IT _ 2 _ q q rl- 0 O m LO ¢ 2 n � ■ / U) kms\ k e LU/ z q dU)C-) / / kJU)%tK} /m / ��ao '� m m � z / > 0 C4 \ \ \ \ \ \ \ /\ o��kRRƒ � I z ��=..W.. z LL / i CL � O Lr) 7 2 § « M CN 0 j ® 5 / / e / j \ § / / E k LL j / © § \ \ m LU z D � 7 z\ \ <2 /e /q z \/ k z / // // j� O e= / /} ƒ \ e � ® o z 3 § LU ® k_ :t:! � f CO z \ z / / / / / 2 § \ ¥m 4/ // \ j� i /\ co e =± O o e ±± z e e o m {/ 2$ \3 /\ // // �/ /2 z e O g 2 // §= 2 e g O m e z; ± /§ /\ O± / k\ OG ƒ7 f0- EL O= /\ 7 O z= <m z= Bm c) o= mm o® <4 c) ± o� o 'IT _ 2 _ q q rl- 0 O m LO ¢ 2 n � ■ / U) RFQ FOR CITY OF BOYNTON BEACH TOWN SQUARE REDEVELOPMENT RFQ No. 004-1210-17/JMA Sealed Requests for Qualifications (RFQ's) will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by NOVEMBER 22, 2016, No Later Than 2:30 P.M. (Local Time). RFQ's will be opened in: 100 E. Boynton Beach Boulevard CITY HALL — 2ND FLOOR (Unless otherwise designated) One (1) original, so designated and six (6) copies (total of five (7) submissions of the response shall be submitted in one sealed package clearly marked on the outside: "TOWN SQUARE REDEVELOPMENT" and addressed to: City of Boynton Beach, Procurement Services,100 E. Boynton Beach Boulevard, or P.O. Box 310, Boynton Beach, FL 33425-0310. All RFQ's will be publicly opened and only the names of the Proposers will be disclosed. RFQ's received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that an RFQ can be considered. The City reserves the right to consider RFQ's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFQ and prior to award being made. Selection of a qualified Consultant and negotiations will be conducted in the same manner as set forth in section (4) and (5) of Florida Statutes § 287.055 "Competitive Consultants Negotiations Act." ATTENTION ALL INTERESTED RESPONDENTS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. Paper copies of this solicitation may be requested through the City's Procurement Services Division by calling (561) 742-6322 or by E-mail to alibrand iip_bfl.us. Respondent(s) who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. SCOPE OF SERVICES: The City of Boynton Beach is seeking a Development Partner to develop a new Town Square including mixed-use private development and an arts and cultural district. In addition the Proposer will design, build and potentially operate a new City Hall, Police HQ, Civic Building and a downtown Fire Station #1 which meets the City's specifications. ELIGIBILITY: A. Proposers will be eligible to respond to this Request for Qualifications if the proposing 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 RFQ. B. Proposers must include as a part of the RFQ submittal, documentation, client references, and qualifications to support their ability and experience to perform the services contained in the RFQ. 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. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. CONE OF SILENCE Pursuant to Palm Beach County Section 2-355 after the deadline to respond to this Bid, members of the City Commission are prohibited from communicating directly or indirectly with bidders regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. Any questions relative to any item or portion(s) of this solicitation should be directed to Julianne Alibrandi, Senior Buyer at (561) 742-6322 with Office Hours: MONDAY — FRIDAY, 8:00 A.M. to 5:00 P.M. or email at alibrandiJ(a_bbfl.us. CITY OF BOYNTON BEACH .,I - 0A4 -k Tim W. Howard Assistant City Manager - Administration Services Director of Financial Services Section 1 — Scope of Services and Project Information The City of Boynton Beach Florida is seeking a Development Partner (private sector Proposer) to undertake the redevelopment of approximately 16 acres of City -owned property in its downtown city core as a new, walkable' downtown with civic and cultural facilities and private mixed-use development (Town Square Development Project). This Request for Qualifications (RFQ) outlines the City's objectives and a two-part process for selecting the private Proposer with whom it will negotiate a public-private development contract. The City of Boynton Beach is located within southeastern Palm Beach County and is a principal city of the Miami -Fort Lauderdale -West Palm Beach, Florida Metropolitan Statistical Area, which has an estimated population of about six million. The City's population in 2015 was an estimated 74,000 (US Census). The City encompasses 16.25 square miles and is bisected by 1-95. It is bordered to the north by Lantana and to the south by Delray Beach. The City has a Mayor - Commissioner form of government. The population of Boynton Beach grew by 20.5% between 1981 and 2015. The majority of the City's housing stock (40%) consists of single -unit detached homes. Sixty-four percent (64%) of occupied housing is owner -occupied. In 2016, the Median Sales Price was $205,000, and the Median Rent per Month was $2,000, according to trulia.com. There is a lack of middle-density2 housing available. Approximately 70% of the housing stock in Boynton Beach was built prior to 1990.3 The City encourages increased densities, particularly for the Town Square development site. The City Development Department has undertaken an extensive planning and re -zoning review, and will recommend to the City Commission planning and zoning code amendments to encourage development by allowing additional density. 1 An area is "walkable" when it is designed to encourage pedestrian activities, connects business, civic and residential uses and where walking paths are accessible and separated from roadways. Z Middle density refers to apartment units in four to six -story buildings. 3 All information in this section comes from the research done for the City of Boynton Beach 2016-2021 draft Economic Development Strategic Plan, dated June 28, 2016; and from the Development Atlas of The City of Boynton Beach, dated 2013. A. Overview 1. Project Description The City of Boynton Beach is seeking a Development Partner to develop a new Town Square including mixed-use private development and an arts and cultural district. In addition the Proposer will design, build and potentially operate a new City Hall, Police HQ, Civic Building and a downtown Fire Station #1 which meets the City's specifications. The City will make two properties available for the development of the municipal facilities and private development within the Town Square property. Other requirements of the development include: a pedestrian friendly downtown that encourages people to walk rather than ride between destinations, adaptive reuse of a historic High School building and retention of the Schoolhouse Children's Museum and Public Library. It is anticipated that the Development Partner and the City will enter into business agreements, with the Proposer leasing the municipal facilities to the City on a long term lease between 20 and 30 years at a rent that takes into account the value of the land for mixed-use development which may be conveyed to the Development Partner by the City and/or the City's Community Redevelopment Agency (CRA) per Florida statute. The Town Square Property is bounded by east Boynton Beach Boulevard, north Seacrest Boulevard, SE 2 d Avenue, and SE 1St Street in Boynton Beach, Florida. This site is located approximately one half mile from the Intracoastal Waterway, and I-95 and one mile from the beach. The Quantum Park site is located on High Ridge Road and Gateway Blvd adjacent to the I-95 interchange at Gateway Blvd. 2. Administration of RFQ This RFQ will be administered in two phases; RFQ Part I and Proposal Part 11. RFQ Part I is intended to identify proposers with the qualifications and experience to deliver projects of this scale. The ranking of the RFQ Part I proposers will be forwarded to the Commission with a recommendation for acceptance and approval to move the top 3 committee ranked proposers to the Proposal Part 11 of the process. Upon review of Part 11 responses, the City will select a proposer to enter into negotiations to become the City's Development Partner. 3. Submission Requirements: Project Team RFQ Part I submissions include, but are not limited, to information about the applicant such as previous project experience, personnel background, and team structure, as well as identification of the proposed team, and financial capacity. Proposal Part II submissions will include proposed conceptual plans, implementation schedules and financial structures/business arrangements. 4. Eligibility and Selection Criteria a. RFQ Part I - Proposers will be eligible if they can demonstrate comparable project experience and financial capacity. A selection committee will rank Proposers based on criteria as weighted in Section 4.,C. The evaluation criteria relate directly to the submission requirements. If three or less proposals are received, the City may move directly to Part II with the proposers. b. Proposal Part II — The City anticipates a short list of up to three Proposers that will be asked to respond to the Proposal Part 11. The selection committee will rank the shortlisted Proposers based on the criteria as weighted in Section 45, which includes the Proposers conceptual development plan, implementation schedule and conceptual financial package offered to the City. The City will require oral presentations and will complete the ranking after these presentations. A. RFQ Part I —Part I of the RFQ is designed to allow the City of Boynton Beach and the selection committee to assess the qualifications of potential Development Partners to develop a project of this scale and complexity. The City of Boynton Beach anticipates that it will select a shortlist of up to three Proposers. The RFQ Part I process will identify Proposer Qualifications, Financial Capabilities, and Past Project Experience. Detailed submission and selection requirements are found below. The ranking of the RFQ Part I proposers will be forwarded to the Commission with a recommendation of acceptance and approval to move the top 3 ranked proposers to the Proposal Part 11 of the process. B. Proposal Part 11 — The objective of the Proposal Part II is to select a preferred Development Partner in order to both create a new Town Square on the site, as well as to provide the required facilities for the City. The short-listed Proposers must submit an approach and concept plan, show compliance with the City's requirements as outlined in this document, and in addition provide implementation schedules, and a financial structure package. Detailed submission and selection requirements are found below. Phase I Project Delivery- The City will negotiate a Phase I contract with the selected Development Partner which will include the costs to prepare a 30% design and a Guaranteed Maximum Price (GMP) for the City's costs for the new municipal infrastructure. The City will reserve the right to either accept or reject the GMP. If the City rejects the GMP, all of the work produced will be owned by the City and the City will move to the second ranked proposer to continue the process in accordance with Florida Statutes. Acceptance of the GMP and proposed business arrangements/financial package will lead to the execution of the Town Square Development Agreement (Project Agreement). 2. Phase 11 Project Delivery — Once the parties have executed the Project Agreement, the Project will proceed in accordance with the terms and conditions of such Agreements. C. Tentative Competitive Selection Timeline and Schedule Milestones (Subject to Change): Task Name (Duration ,Start (Finish RFQ Process — Part I 4 wks Wed 10/26/16 Tue 11/22/16 Developer Review 4 wks Wed 10/26/16 Tue 11/22/16 Question Period (Written_) 2.8 wks Wed_ 10/26/16 Fri -1-11-1-1/16 RFQ Responses Due 0 wks Tue 11/22/16 Tue 11/22/16 Qualification and Shortlist Process 3 wks Wed 11/23/16 Tue 12/13/16 Review and Score RFQ 3 wks Wed 11/23/16 Tue 12/13/16 Part I Listing/Recommendation to Commission 0 wks Tue 12/20/16 Tue 12/20/16 Proposal — Part II 6 wks Wed 12/21/16 Tue 1/31/17 Short List Developers Develop Proposals 6 wks Wed 12/21/16 Tue 1/31/17 Developer Acknowledgement 0.8 wks Wed 12/21/16 Fri 12/16/16 Question Period 3 wks Wed 12/21/16 Fri 1/20/17 Proposals Due 0 wks Tue 1/31/17 Tue 1/31/17 Proposal Part II Review & Ranking Process 6 wks Wed 2/01/17 Tue 3/14/17 Review and Score Proposals 4 wks Wed 2/01/17 Tue 2/28/17 Interviews 1 wk Wed 3/01/17 Tue 3/07/17 Team Ranking 1 wk Wed 3/08/17 Tue 3/14/17 Ranking to Commission for Authorization to Tue 3/21/17 Tue 3/21/17 Negotiate M Section 3 — Proposal Submission Requirements 3.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Technical Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this Request for Qualifications. As such, the substance of the Proposal will carry more weight than their length, form or manner of presentation. The Technical 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 Qualifications requirements. The selected Firm shall provide sufficient organization, personnel, and management to carry out the requirements of this RFQ 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 RFQ. 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. C. Qualifications package RFQ Part I – Proposers shall include the following information in their written response document. The number of pages for each section is limited and all pages submitted in addition to the maximum allowed will not be reviewed by the selection team. Title Page - Title pages showing the Request for Proposal's subject, the firm's name, the name, address and telephone number of the contact person, and the date of the Proposal. (Maximum Pages: Two (2) pages.) 2. Applicant—Company or ownership group that will be financially and legally responsible for delivery of the project. (Maximum Pages: Twenty (20) pages.) a. Proof of corporate, LLC or partnership legal status. b. Identify team structure including Master Development entity and other secondary developers as appropriate. c. Experience developing projects of similar scale—identify projects, scale and role within last 10 years. Project experience can be projects completed by the proposed team or by individual organizations that are part of the team. d. Experience with Public -Private Partnership -type development. Identify projects, scale and role. Development experience can be projects completed by the proposed team or by individual organizations that are part of the team. e. Experience with Design/Build-type development. Identify projects, scale and role. Project experience can be projects completed by the proposed team or by individual organizations that are part of the team. f. Record of performance on commitments of similar type projects. g. Each reference project should at a minimum list: Name of Client/Customer with contact information that should include: Name and title of Contact; Contact's phone number and email address, Project Title. It is also recommended that a short description of the project is included to provide context to the reference. Contact persons must be informed that they are being used as reference and that the City of their designee will be contacting them for information. Selection Committee Members or designee will attempt to reach each reference up to three (3) times. If there is no answer or call-back after the third attempt, the lack of reference may reduce the total points for this section. h. If the Proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the Firm that is to serve as the principal development firm should be noted, if applicable. 3. Proposed Team — Demonstrate the experience and skill to successfully develop the site. Provide an overview of the qualifications of a specific project team to be provided by the Proposer to perform the requested services. Identify the major consultants/team members beyond the ownership entity, the principal and key management staff who would be assigned to the project. (Maximum Pages: Twenty (20) pages of which each resume is allowed one page.) a. An organization chart that clearly defines the lines of authority b. The names and roles of key management professionals to be assigned to this project, including familiarity with project of a similar nature c. Resumes of and academic training and employment in the applicable fields for key management d. Experience of Designers, including: architect, landscape architect and urban planner on projects of similar scale and complexity. Include resumes and experience of Principal(s)-in- charge, lead designer(s) and Project Manager. Include at least two (2) Public -Private Partnership -type projects, showing scale and quality of development e. Experience of Contractor i. Experience of at least two projects in excess of 150,000 GSF of mixed use projects with at least three buildings within the site. It is preferable that the master development contractor has experience with government infrastructure. ii. Notarized statement showing the Contractor's maximum bonding capacity; and that the Contractor has an available bonding capacity for a minimum of $60 million specifically for this project. Statement should also identify the Contractor has the ability to increase their bonding capacity, if necessary, and to what amount. NOTE: Notarized statement must be from an admitted surety insurer authorized to issue bonds in the State of Florida, not an agent or broker. Experience of working together as a team. The City prefers a core team that has worked together on at least one project (see evaluation criteria). 4. Applicant Financial Capacity - (Maximum Pages: Five (5) pages which does not include the financial statement which should be submitted as an attachment that can be removed from the public document.) a. Financial statement (specific company financial information shall be kept confidential based on the trade secret exemption in Florida Statutes) b. Capacity to fund $2,500,000 in predevelopment costs from own resources, and experience with at least two project raising $50,000,000 in equity and debt structure. c. Financial structure and experience for previous projects of similar scale and complexity by ownership group. d. Investors/Lenders— what is the level of commitment of investors/lenders? Background information on financial partners/investors. Experience working with other team members or similar type public-private partnership teams. 5. Required Executed Forms in Appendix C – The following items are included with this RFQ in Appendix C. They all require completion and submission with any Qualification Submittal responding to this RFQ in order to constitute a valid submittal. Proposer Acknowledgement a. Proposer Acknowledgement b. Proposer's Qualification Statement c. Addenda Acknowledgement (if applicable) d. Anti -Kickback Affidavit - Each Proposer shall complete the Anti - Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Consultant to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. e. Non -collusion Affidavit of Proposer - Each Proposer shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Consultant to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. f. Confirmation of Minority Owned Business (If included on the proposed team) g. Confirmation of Drug Free Workplace h. Schedule of Sub -Consultant i. Palm Beach County Inspector General Acknowledgement j. Statement of Non -Submittal (if applicable) k. Submit current Florida Professional License, including evidence of possession of required licenses or business permits I. Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form herein as an attachment. D. Qualifications package Proposal Part II (Only if requested as a result of RFQ Part 1) - Proposers shall include the following information in their written response document. The number of pages for each section is limited and all pages submitted in addition to the maximum allowed will not be reviewed by the selection team. 1. Title Page - Title pages that summarizes the Proposers conceptual Town Square development and the conceptual financial package and costs to the City for the required public facilities. (Maximum Pages: Two (2) pages.) 2. Conceptual Development Plans — The proposer will be required to submit a plan package that demonstrates the proposed layout and programing that compliance with the design criteria found in this RFQ. These plans, at a minimum, include the following information: a. The conceptual geometric layout of the Town Square site, the site proposed for the Police Headquarters Building, the site proposed for Fire Station #1 and, if applicable, the private development on the High Ridge Rd. site. b. The plans should demonstrate the ability to provide required parking, stormwater controls, traffic movements, pedestrian and alternative transportation access, and general access patterns to all portions of the mixed use development. c. Clearly show locations and sizing of public open space, green space/event areas and place making elements. It should also demonstrate compliance with the preferred preserved tree canopy. d. Demonstrate the adaptive reuse of the old high school building and the preservation of the Children's Schoolhouse Museum. e. Provide conceptual programing for the proposed public buildings. f. Provide proposed uses and density for the mixed use private projects associated with the master development. g. Provide adequate conceptual cross-sectional and elevation plans to show the overall architectural styles and open space design styles. h. Demonstrate compliance with the cultural district land use descriptions. 3. Conceptual Financial Plan — The proposer should demonstrate a conceptual financial structure based on the conceptual plans provided in the proposal. At a minimum, the response should include the following: a. Financial Structure Analysis b. Approach to acquiring the City assets c. Best and worst case of revenue development d. Performa lease structure for City assets based on a conceptual budget for each of the municipal buildings (City Hall, PD, FD, and High School) including the parking and open space. e. A request for Tax Increment Funding from the Boynton Beach Community Redevelopment Agency (if any) — Number of years and percentage of project value being proposed. E. Deposit/Fee. The highest ranked proposer will provide a check for $100,000 within twenty (20) business days of the City Commissions approval of the final rankings to be held by the City of Boynton Beach in a non-interest bearing account and used by the City to fund the City's costs to develop the contract and finalize the Phase I work. If the proposer and the City do not complete contract negotiations, the funds will be returned within 30 days. If the Phase I contract is approved, the funds will be retained by the City and will be part of the Phase I budget. F. Inquiries/Questions — Any inquiries or questions during the RFQ Part I & Proposal Part II processes should be submitted in writing to Julianne Alibrandi, alibrand iJCa7bbfl.us. Responses will be issued as Addendums as needed. G. Legal Action — Each proposer, by submission of an RFQ response, acknowledges that in the event of any legal action challenging the award of a RFQ; damages, if any, shall be limited to the actual cost of the preparation of the RFQ or $10,000 whichever is less. Section 4 — Evaluation of Proposals A. Eligibility 1. Proposers will be eligible to respond to this Request for Qualifications if the proposing 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 RFQ. 2. Proposers must include as a part of the RFQ submittal, documentation, client references, and qualifications to support their ability and experience to perform the services contained in the RFQ. B. Evaluation Process Responses to RFQ Part I shall be evaluated by the Selection Committee based on all information submitted. A short list of the three (3) most qualified, top ranking qualifiers will be generated according to the Qualifications evaluation criteria listed within this document. Those applicants will respond to the Proposal Part 11. 2. In the event fewer than three (3) firms express interest in a project or fewer than three (3) are deemed qualified by the Selection Committee, then Procurement Services Division shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re -advertise, and after a subsequent advertisement, resulting in three (3) firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. 3. The Selection Committee shall consist of: Lori LaVerriere, City Manager; Michael Simon, Interim CRA Executive Director; Andrew Mack, Director of Development; Jeff Livergood, Director of Public Works; Linda Cross, Chair of CRA Advisory Board; and Ryan Wheeler, Planning and Development Board Member. 4. The submissions will be reviewed to determine whether they are substantially completed. The substantial completeness review will assess whether the required information and forms have been substantially provided in the Qualifications Package submission. An Applicant's failure to provide a substantially complete RFQ Part I Package submission will result in the RFQ Part I submission not being evaluated. 5. The evaluation team established by the City of Boynton Beach will evaluate the submissions of those applicants who have passed the substantial completeness review. Submissions will be evaluated and ranked in accordance with the Evaluation Criteria Categories set out below. A score will be assigned to each point of information requested. The evaluation team will evaluate each Qualification Package submission on the extent to which is meets or exceeds the Evaluation Criteria and meets or exceeds any other requirements of this RFQ Part I. 6. The City may request clarification of submitted information from any proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. All submittals will be reviewed and scored by the selection committee members. The RFQ Part I submittals will be ranked and sent to the Commission for acceptance and recommendation for the Commission to move the top 3 ranked submittals to Proposal Part 11 of the process. 7. As part of the review and scoring of the Proposal Part II process, the shortlisted firms will be asked to make an oral presentation of their qualifications and methodology to the selection committee. 8. As a result of Proposal Part II the selection committee will rank the proposals and submit to the City Commission for acceptance of rankings and authorization to negotiate a Master Development Contract for Phase I of the project with the top ranked proposer. 9. For the Phase I contract, the City will conduct negotiations with the highest - ranked firm to include financial/business arrangement proposal consideration. Should the City fail to negotiate a satisfactory contract as determined to be fair and competitive with the highest -ranked firm, negotiations will formally be terminated. The City may then undertake negotiations with the second -ranked firm. Should negotiations fail also with the second -ranked firm, then the third - ranked proposer may be notified for negotiations. Should the City be unable to negotiate a satisfactory contract with any of the selected firms, the City may select additional firms in the order of their competence and qualifications, and continue negotiations in accordance with Florida Statutes §287.055. C. Part I Evaluation Criteria – the weightings for the Evaluation Criteria categories in this RFQ Part I are set out below. Applicant (Proposer(s)) (40 points) a. Development Experience—at least two projects in excess of 350,000 GSF (15 points) b. P3 Experience –at least one project (5 points) c. Design/Build Experience (5 points) d. Project Workload-- (5 points) e. Organization/Key Personnel (10 points) 2. Project Team Structure (30 points) a. Design Team (15 points) i. Architect Experience (6 points) ii. Site Engineer Experience (5 points) iii. Landscape Architect/Urban Designer Experience (4 points) b. General Contractor (10 points) i. Experience—at least two projects in excess of 350,000 GSF ii. Capacity—bonding capacity in excess of $100,000,000 c. Experience working together—core team on at least one project (5 points) 3. Financial (30 points) a. Commitment b. Proposer Financial capacity—To fund $2,500,000 in predevelopment costs from own resources; experience with at least two projects raising $25,000,000 in equity c. Past Experience – past experience putting together similar financial packages. Show at least one (1) sample pro forma including sources and uses, for a public-private partnership -type project. Explain the government agency's yearly commitment. D. Recommend short list of qualified proposers -The selection committee will forward the ranked list of proposers to the Commission for acceptance and recommend the Commission approve the top three ranked proposers with strongest experience that the selection committee believes have the capability to develop the property be asked to respond to the Proposal Part II. E. Proposal Part II Evaluation Criteria – the weightings for the Evaluation Criteria categories in this Proposal Part II are set out below. 1. Concept Development Plan (45 points) 2. Concept Financial Structure (40 points) 3. Conceptual Construction Schedule (5 points) 4. Recruitment of Local Businesses for the Project (5 points) 5. Public Relations Plan (5 points) F. Interviews/Presentations—City reserves the right to ask questions of Proposers and will require formal presentations scheduled for the Proposal Part II process. Each Proposer will be given forty-five (45) minutes to present their proposal and a fifteen (15) minute question and answer period will follow. The information from the presentations will be considered part of the proposal. G. Final Selection (Ranking) — 1. As a result of Proposal Part II the selection committee will rank the proposals and submit to the City Commission for acceptance of rankings and authorization to negotiate a Master Development Contract for Phase I of the project with the top ranked proposer. The City reserves the right to modify the contract language prior to execution. 2. The Phase I contract will include all necessary work to finalize the City infrastructure space programing, a 30% design of the master development plan for proposed sites, all required design and legal documents for the sale of public property to facilitate the private mixed-use development, 30% building plans for all proposed City buildings and all other work necessary to fully develop a Guaranteed Maximum Price (GMP) for the City facilities and the annual cost to the City for those facilities. 3. The Phase I contract will include language that will allow the City to reject the final Guaranteed Maximum Price (GMP) for the City facilities and maintain ownership of all of the work to that date upon payment of the Phase I fee. The City reserves the right to negotiate a Phase II contract with the second ranked proposer or use any other procurement method to complete the project. 12.C. NEW BUSINESS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Discussion of Denson Pool Hours of Operation. Vice Mayor McCray requested this discussion item be placed on the agenda. EXPLANATION OF REQUEST: For your discussion staff has provided two memoranda: 1) Issued in August 2016 and distributed to the Commission regarding the expansion of the pool hours (open swim) and the adjustments that were made to the overall operating schedule of the pool (including closure in Dec./Jan.); 2) Memo from staff outlining alternatives for your consideration of this matter. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? TBD - Depending on alternative selected. FISCAL IMPACT: Non -budgeted Depending on adjustments made. Additional staff costs if hours expanded. ALTERNATIVES: See staff memorandum STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum REVIEWERS: Department City Manager Reviewer Howard, Tim Description Pool Winter Hours Pool Expanded Hours Action Approved Date 1/10/2017 - 8:40 AM Page 598 of 733 Finance Howard, Tim Approved 1/10/2017 ® 8:40 AM City Manager LaVerriere, Lori Approved 1/10/2017 ® 8:41 AM Page 599 of 733 MEMORANDUM NO. 17-01 VIA: Colin Groff, Assistant City Manager FROM: Wally Majors, Recreation & Parks Director SUBJECTson Pool Schedule — December & January I4 -771Y 31"Lo I'd =61-tri,77,777'T I • =1--,,-,-,1MV,,r,1rA tpproximately $8,073, which is the, cost to pay for the required Weguards. lessens and swim team practice. Average attendance historically has been less than ten people coming to the pool for public swimming during each of these two months. However, an inquiry was recently made regarding keeping the pool open for public swinuning throughout the year. FTMIM-1ram oil I IFE19-fiff-I If 1L;2,L*J1 71 M • Tuesday — Friday, 2:30 pan. — 5:00 p.m. • Saturday, 10:00 a.nL — 5:00 p.m. --nWM-1=!r=AL * Tuesday— Saturday, 10:00 a.m. —5:00 p.m. MEW] p6l 7=1 Z17&M 9 il .to related respon�ibilitim for waimple setting rescue equipment on the deck and inspecting pool. When the pool is open for public swimming on Saturdays or when there is no school, three PT lifeguards are required since with the extended hours the slides will be made available for use, which adds a significant responsibility to their duties. The lifeguard's work schedule would he Y!11 9:30 am. — 5:30 p.m., 8 hours per day. The time that the lifeguards would work before ant after the pool is open allows for thern to complete opening and closing procedures. Page 600 of 733 During December 2017 and January 2018, there will be a total of 26 weekdays during which the pool will be open for public swimming from 2:30 p.m. — 5:00 p.m. and 15 days (Saturdays and school holidays) when the pool will be open from 10:00 a.m. — 5:00 p.m. Therefore, during weekdays, two PT life at $14.951hour each @ 3 hours/day will cost $89.70/day. During Saturdays and during days in which there is no school, fluve PT lifeguards at 14.95/hour each @ 8 hours/day will cost $358.80/day 26 days x $89.70= 16 da __S&240.80 TOTAL $8,073.00 In conclusion, these are options to be considered: Do not nuke any changes to the existing schedule since historically during December ant January an average of 1 people per month visited the poo, during public swinuning ;oP. Open the pool during Saturdays and days when public schools are closed, which will cost approximately $5,740.80. Open the pool for public swimming following the same schedule throughout the year, which will cost approximately $8,073. Page 601 of 733 JUNINCILIfle VIA; Colin Groff Assistant City Manager FROM: Wally Majors, Recreation & Parks Director DATE: August 23, 2016 SUBJECT. Public Swimming Schedule for Denson Pool In an effort to increase the time that people may enjoy using the Denson Pool, we recommend adjusting the schedule for public swimming as follows: • Summer (June — August while children are out of school) Tuesday - Saturday 10: 00 am — 5:00 p.m. • Fall and Spring (September, October, November, March, April, May) Tuesday — Friday 2:30 p.m. — 5: 00 p.m. and Saturdays 10 am. — 5 p.m. • Winter (December and January) Pool Closed except for lessons and swim team 4 1FRFIell . I .. 1 4 4V r, -511 a E=HM 17aTIF—Irt T4T ifff minfinal, and primarily limited to swim lessons and swim team practice. Consequently, staff recommends that during the months of December and January, the pool be used exclusively for swim lessons and swim team practice. This wLU reduce the number of staff required to operate the pool, whereby besides the M time FT Pool Supm-Asor, we would only retain the PT Lifeguard Sr. and one PT LifeguardL The hours of the two PT employees will be reduced to nine per week during these two months. Page 602 of 733 During the fall and spring public swimming hours will be extended by 30 minutes tin 5:00 p.m. on Tuesday - Friday, and two hours earlier on Saturday opening at 10:00 a.m. instead of noon. During the summer, Public swimming hours on Tuesday – Saturdays will begin at 10:00 a -m, instead of 1:00 p.m. and end at 5:00 p.m. instead of 4:30. To accommodate the longer operational schedule, 3 additional seasonal lifeguards and one PT office assistant will be required. Unlike PT employees who may only work 29-75 hours/week seasonal staff may work 40hours/week if needed, which will allow us to accommodate not only the increase in public swimming hours, but also the ability to host special activities/events that may occur at the pool during the summer. The following table illustrates the affect that the recommended changes will have on the Department budget: r Position Recommended Recommended C�Wr—rent –Eu—rrent —Difference Differen—ce --Hours FTE's Houn FTE's In Hours in 5 ►Sr, Lifeguard 1,370 0---66 1,581 .0 (21XI Ta'$ $-3,554 = ' Lire" 5,196 2.50 L,533 2.66 (337) r'OA 02.4 ($4,934 *Seasonal 1,560 0.75 312 0.15 1,248 $18,283 Lifeguard "Rec, Leader 1,416 0. �68 –1.74-7 —0�84 (331) **PT Office Asst. 472 .023 1 0 0 472 $6,216 TOTAL WNV Page 603 of 733 13.A. LEGAL 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-001 - SECOND READING - Approve Riverwalk Future Land Use Map amendment (LUAR 16-003) from Local Retail Commercial (LRC) to Mixed Use Core (MX -C). Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk, LLC, property owner. EXPLANATION OF REQUEST: The subject property covers most of the land within Riverwalk Plaza shopping center, which contains Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big bob' formerly occupied by Winn Dixie. The proposed future land use map amendment and rezoning includes a master plan for a mixed use project with 326 apartments, 51,220 square feet of commercial space, public waterfront promenade and related site improvements on 9.78 acres. The project area includes the Wendy's Restaurant and the multitenant building but excludes the properties occupied by the Wells Fargo Bank and Prime Catch Restaurant. This is the first project to include a request for the MU -4 Zoning District, which is being established pursuant to a recommendation from the newly adopted Community Redevelopment Plan. Staff supports this request as justified by the analysis included in the accompanying application. The subject request is being processed concurrently with corresponding applications for Rezoning and Major site Plan Modification, Height Exception, and Community Design Plan Appeal. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 604 of 733 Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Location Map REVIEWERS: Department Planning & Zoning Reviewer SUMM Description Ordinance ® Land Use Staff report Map Action Approved Date 1/4/2017 ® 2:22 PM Page 605 of 733 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 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A 9.78 +/- ACRES OF PROPERTY LOCATED GENERALLY SOUTHEAST OF THE INTERSECTION OF WOOLBRIGHT ROAD AND FEDERAL HIGHWAY AS MORE SPECIFICALLY DESCRIBED HEREIN TO CHANGE THE LAND USE DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO MIXED USE CORE (MX -C); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted a Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to Ordinance No. 89-3 8 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, Isram Riverside, LLC has made application to reclassify a parcel of land, said land being more particularly described in Exhibit "A" from Local Retail Commercial (LRC) to Mixed Use Core (MX -C); and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and finds it in the best public interest to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. {00164606.2 306-90018211 Page 606 of 733 3 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 33 herein by this reference. 34 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 35 following: 36 That the Future Land Use of the land described and depicted in Exhibit "A" is 37 amended from Local Retail Commercial (LRC) to: MIXED USE CORE (MX -C) 38 Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, 39 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 40 Land Development Regulation Act. No party shall be vested of any right by virtue of the 41 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 42 including appeals, are exhausted. In the event that the effective date is established by state law or 43 special act, the provisions of state act shall control. 44 FIRST READING this day of , 2017. 45 SECOND, FINAL READING and PASSAGE this day of , 2017. 46 CITY OF BOYNTON BEACH, FLORIDA 47 48 YES NO 49 50 Mayor — Steven B. Grant 51 52 Vice Mayor — Mack McCray 53 54 Commissioner — Justin Katz 55 56 Commissioner — Christina L. Romelus 57 58 Commissioner — Joe Casello 59 {00164606.2 306-90018211 Page 607 of 733 60 61 62 63 64 65 66 67 68 69 70 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) {00164606.2 306-90018211 VOTE Page 608 of 733 71 {00164606.2 306-90018211 EXHIBIT "A" Page 609 of 733 TO: Chair and Members Planning and Devel pment Board THRU: Michael Ru Planning and Zoning Director j A J c�ROM: Hanna Matras, Senior Planner' DATE: October 13, 2016 PROJECT: Riverwalk LUAR 16-003 REQUEST: Approve Riverwalk Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use Core (MX -C), and rezoning from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments and 51,220 square feet of commercial space. Applicant: Shaul Rikman/ Isram Riverwalk, LLC Agent: Steven S. Wherry/ Greenspoon Marder, P.A. M., lllwtrflmsm�� Existing Land Use/ Zoning: Local Retail Commercial (LRC)/C-3 (Community Commercial District) Proposed Land Use/ Zoning: Mixed Use Core (MX-C)/MU-4 (Mixed Use 4 District) V�creage: 9.78 acrd's' Page 610 of 733 'rage 2 Riverwalk LUAR 16-003 North: Right-of-way for Woolbright Road and farther north, a developed commercial property (PBC bank) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); at the northeast, a developed multifamily residential property (Bermuda Cay), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; South: Undeveloped properties classified High Density Residential (HDR) with the Conservation Overlay and zoned R-3, Multifamily Residential; at the southwest, a developed commercial property (McDonalds) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); Fast: Right-of-way for the Intracoastal Waterway; farther east, developed residential properties in the Town of Ocean Ridge; West: Right-of-way for South Federal Highway; farther west, developed commecial property (Sunshine Square), classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial). The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains a Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big box" formerly occupied by a Winn Dixie grocery store. The proposed future land use map amendment and rezoning, sought to allow a development of a mixed use project with 326 apartments and 51,220 square feet of commercial space, includes Wendy's and the multitenant building but excludes the properties occupied by Wells Fargo and Prime Catch. The recently approved, Boynton Beach Community Redevelopment Plan recommends the establishement of a new Mixed -Use Zoning District, MU-4.The staff-inated code review which creates MU -4 has been completed and is pending approval. The Major Site Plan Modifcation (MSPM 16-002), Height Exception application (HTEX 16-002) and a Community Design Appeal application (CDPA 16-002) are being processed concurrently. The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.D.3: Page 611 of 733 Page 3 Riverwalk LUAR 16-003 a. Demonstration of Need A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The request reflects an ongoing high demand for rental apartments. The Marcus & Millichap's 2016 Multifamily Investment Forecast stated: "The Palm Beach County apartment sector enters 2016 holding strong prospects of attaining lower vacancy and higher rents for the sixth consecutive year. A steady pace of hiring maintains a sizable pool of prospective renters, and a consistent flow of new V41t, Lprtwf 3 V 2 gr*Vi*Tg-a# wV& 0-nd a #Wn&Y to target (....)This year's production will finally lift apartment inventory above the peak level registered before removals for condo conversion took place before the economic downturn. " According to the company's multifamily market report for the second quarter of 201 the vacancy rate in Palm Beach County reached 4.0%, the lowest level of emp I apartments since 2005. The rental market is being upheld by "stable employment service -related positions supporting a large base of retirees, and gains in office jo commonly held by young professionals, with the latter group contributing to absorbtio of luxury rentals." The report notes that, over the last 12 months, the Boynto Beach/Delray submarket posted outsize rent growth of 8%, bringing the average rent t $1,530. Bringing residential use of a considerable density to the subject location is a[ supported by: Its proximity to downtown (one mile south from Boynton Beach Boulevard). Densi increases in areas on the fringes of downtown would further support creation critical mass of downtown -focused residents, potential customers of downto commercial and entertainment venues. Population growth within the downtown an surrounding neighborhoods is an essential foundation for a dynamic urba environment. Furthermore, the density increases would also support establishme of a second Tri -Rail Coastal Link commuter station at Woolbright Road, which ma be considered in the future. Its proximity to the Downtown Transit -Oriented Development District (DTODD., Although not within the DTODD, the site is less than one-half mile from the District', boundary. High density/intensity development on lands adjacent to Fede Highway and Woolbright Road intersection will contribute to the functionality of th station and may eventually—as mentioned above—warrant a second Coastal Lin stop at that location. These were the chief arguments underpinning the new recommendations for the area included in the updated CRA Community Redevelopment Plan (henceforth referred to as the "CRA Plan") and adopted by the City Commission on October 4, 2016 (see K Page 612 of 733 In Page 613 of 733 Page 5 Riverwalk LUAR 16-003 Polid 1.82d (Future Land Use Element) under Objective 1. 8, is discourages urban sprawl. Given that the City is almost built out, and thus lacks large, undeveloped tracks of land, the policies under this objective focus on compact, non - strip development and a cost-efficient use of public services. The policy states: "The City shag further discourage urban sprawl by, Preventing the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Please note that the location of the property also makes it subject to policies of the Coastal Management Element (CME). These policies represent the effort to guide development and redevelopment along the coast while balancing •"#• natural desire to live on the water with a need to protect the community from future storm threats. Of a particular concern is the Coastal High -Hazard Area (CHHA): in the areas with the subject designation, the CME' policies place explicit restrictions on density increases and commit the City to actions that would further minimize concentrations of at -risk population. Although the site is not located within the CHHA, most of it is nevertheless identified on the FEMA Flood Insurance Map as a Special Flood Hazard Area (the SFHA is the area N Page 614 of 733 Page 6 Riverwalk LUAR 16-003 Since MU -4 would be a planned zoning district, it would be subject to the code's provision that requires the master plan/site plan to be submitted and reviewed concurrently with the application for rezoning (Chapter 2, Section 2.13.6). The code stipulates that a master plan is an "integral component" of zoning designation for all planned districts. As submitted, the proposed master plan/site plan includes a building height that exceeds the maximum permitted height in the new MU -4 zoning district and does not comply with the proposed build -to line standards for Woolbright Road. The applicant submitted a Height Exception application for non -habitable space that includes rooftop access to the stairwells and decorative architectural elements that extend to 105 feet. The maximum building height in the MU -4 zoning district is 100 feet. The applicant also submitted a Community Design Appeal to deviate from the build -to - line requirement for Woolbright Road of zero through fifteen (15) feet to setback the building 139 feet. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classcations, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. jimaLill-A MOROI I ev-IM-4-9111 - L development intensi . This is a goal of the CRA Plan, at the core of all its recommendations. The statement above does not portend that the proposed actions would result in a development significally inconsistent with the established land use pattern, since the said pattern is eclectic: the areas in the vicinity already contain multifamily, mixed use and commercial buildings. Furthermore, all are separated from the subject property by one of the two intersecting state arterial roads while lower density townhomes sit across the Intracoastal, some 400 feet away within the neighboring jurisdiction. The maximum density allowed in the proposed MU -4 Zoning District is 60 dwelling units per acre, or 20 dwelling units per acre lower than the maximum of 80 dwelling units per acre allowed in the Mixed Use Core FLU classification (and the actual density proposed for the project is much lower, at approximately 33 dwelling units per acre). Moreover: The Las Ventanas development on the northwest corner is classified Mixed Use; it carries the "old" Mixed Use Low zoning designation (effective prior to the 2004 code amendments) with the maximum density corresponding to the density threshold for MU -1_3 (40 units/acre). The built density is approximately 38 units/acre. R Page 615 of 733 Page 7 Riverwalk delmy, The two older multifamily projects adjacent to the northeast corner of Federal Highway and Woolbright Road are built with nonconforming densities. Bermuda Cay .2nd Snug Harbor have densities of 31.1 and 27 du/acre, respectively—well above 11 du/acre which is a maximum density permitted in their R-3 zoning. Finally, even though the proposed FLU and the MU -4 zoning district would temporarily create an "isolated" classification and zoning district, the adopted CRA Plan recommends the said FLU (renamed Mixed Use High) and MU -4 zoning for properties on all four comers of the Federal Highway and Woolbright Road intersection. Note that, in December of 2006, the Sunshine Square property on the southwest corner of Federal Highway and Woolbright Road was rezoned to a Mixed Use Low district (the zoning designation of Las Ventanas), and approved for a mixed use project with 576 dwelling units at 40 du/acre. The approval coincided with the beginning of the housing market collapse and thus the project was aborted. Subsequently, both the mixed use land use and zoning reverted to the previous Local Retail Commercial classiffication and C-3 designation, which was required to implement improvements on the property. d. Sustainabilitv. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainabifity initiatives, with an emphasis on 1) complementary lKnd uses, 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed land use amendment/ rezoning meets the definition of "sustainable" as supports a mixed use, high density infill development whose residents will have acce to public transit: the Palm Tran bus service along the US 1 corridor (a bus stop located in front of Wallgreens), and the TriRail Link commuter service with the plann station on Ocean Avenue less than a one mile away and, possibly in the future, with second station at Woolbright. As already stated, the CRA Plan recommends th IhJ proposed FLU and zoning for properties on all four corners of the Federal Highway an,�,'* Woolbright Road intersection to promote establishment of a secondary activity cent I (node) in this location. An increase in population—which the subject development woul generate—is needed to effectively support more commercial uses within this node an#, j,. allow for a second station in the future, when the critical ratio of housing units to jobs iS reached. e. Availat!� of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permittedunder the requested land use classification. 1,9P774 ffela, 7ne # n'77T ITI 7 77apaull , Yj Tor potaoie water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. VA Page 616 of 733 Page 8 Riverwalk w6idEfi aiklfA The Palm Beach County School District has approved Concurrency Application for the project. Traffic impact and capacity issues will be reviewed as part of the site plan. --arainage will be reviewed in detail as part of the site plan, land development, and 4)uilding permit review processes. f Compatib The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. development with a higher poten al ens y an a ler s ru u of the existing uses—is hardly an issue given that, as already stated, they are separated from the subject property by one of the two intersecting state arterial roads while lower density townhomes sit across the Intracoastal, some 400 feet away. There are no compatibility issues pertaining to the proposed mixed use, as the areas in the vicinity already contain multifamily, mixed use and commercial buildings. In recommending the proposed FLU classification and zoning district for properties at this intersection, the adopted CRA Plan recognizes that increasing the scale of redevelopment in the subject location—to an intensity higher than that of existing uses but below the intensity recommended for the downtown area—will in the long run be beneficial for both the neighborhood and the City as a whole. Staff is of the opinion it will have no short-term negative impact on property values of nearby properties and those values will evantually increase. g. Direct Economic Develoment Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: Page 617 of 733 Page 9 Riverwalk (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methodsltechnologies, especially those promoting sustainabifity, (6) Be complementary to existing uses, thus fostering synergy effects, and 17 , ) Alleviate blightleconomic obsolescence of the subject area. A synergistic effect of the second high density mixed use project on the Federal Highway and Woolbright Road intersection would promote a sustainable commercial activity center at this node ("g.6creating a long-term value. h. Commercial and IndustfiaLLmAjyp2IK The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions. - (1) The size, shape, andlor location of the property makes it unsuitable for commerciallindustrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezrIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. The proposed rezoning with the accompanying Master Plan would reduce the amount of land available for commercial development. However: I 01 Page 618 of 733 Page 10 Riverwalk LU AR 16-003 • It would create a mixed use project, retaining some commercial uses and adding a new commercial building; • The LRC classification and C-3 zoning it would replace allows for multifamily development under R-3 zoning site regulations (though such a development would be highly unlikely to happen on this site); • It would generate demand for commercial uses (retail/restaurants); and • So far, intensification of the commercial uses on the subject site has not been supported by the market (the "big box formerly occupied by Winn Dixie has remained vacant). i. Alternative Sites. Whether there are adequate site elsewhere in the it for the proposed use in zoning districts her such use is already allowed. As already noted in this report, the CRA Plan provides site-specific recommendations for future land use classifications. The subject site is located in the Federal Highway Corridor District (South); the Plan recommends the proposed FLU of Mixed Use Core (to be renamed Mixed Use High) and zoning for properties on all four corners of the Federal Highway and Woolbright Road intersection and specifically designates the area as a secondary activity node. The subject requests implement this recommendation. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.I.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article I// and the site development standards of Chapter 4. As noted, the code review establishing the new MU -4 zoning district recommended by the CRA Plan and requested by the applicant is being processed concurrently, as is the request for Community Design Plan Appeal and a Height Exception Application (see the corresponding staff reports). As indicated herein, staff has reviewed the proposed future land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the 2016 CRA Community Redevelopment Plan. The staffs recommendation for the approval of the subject request is contingent on the approval of the two concurent requests. rwllffl� �IV_A�y -TIT MATEX—AMWIVro MMM"MR–or-IM 16-003 Riverwalk Staff Report DRAFT 10-17-16.docx El Page 619 of 733 RIVERWALK LUAR 16-003 LOCATION MAP Legend FLU classifications LOW DENSITY RESIDENTIAL (LDR) Max. 4.84 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) Max. 20 D.0/Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) MIXED USE (MX) CONSERVATION OVERLAY (C/O) 0 125250 500 750 1,000 Feet Page 620 of 733 13. B. LEGAL 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-002 - SECOND READING - Approve Riverwalk Rezoning (LUAR 16-003) from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments, 51,220 square feet of commercial space, public waterfront promenade, and related site improvements on 9.78 acres. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. EXPLANATION OF REQUEST: The subject property covers most of the land within Riverwalk Plaza shopping center, which contains Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The proposed rezoning includes a master plan for a mixed use project with 326 apartments, 51,220 square feet of commercial space, a public waterfront promenade and related site improvements. The project site includes Wendy's and the multitenant building but excludes the properties occupied by the Wells Fargo Bank and Prime Catch Restaurant. This is the first project to include a request for the MU -4 Zoning District, which is being established pursuant to a recommendation from the newly adopted Community Redevelopment Plan. Staff supports the subject application as justified by the conclusions of staffs analysis as indicated in the accompanying staff report. The subject request is being processed concurrently with corresponding applications for Land Use Amendment, Major Site Plan Modification, Height Exception, and Community Design Plan Appeal. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 621 of 733 Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Location Map REVIEWERS: Department Planning & Zoning Reviewer SUMM Description Ordinance -Rezoning Staff Report Map Action Approved Date 1/4/2017 ® 2:22 PM Page 622 of 733 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. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A 9.78 +/- PARCEL OF LAND DESCRIBED HEREIN AND LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF FEDERAL HIGHWAY AND WOOLBRIGHT ROAD AND COMMONLY REFERED TO AS RIVERWALK PLAZA FROM COMMUNITY COMMERCIAL (C-3) TO MIXED USE 4 (MU -4); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 02-013 establishing an Official Zoning Map of the City; and WHEREAS, Isram Riverside, LLC. has made application to rezone a parcel of land, said land being more particularly described in Exhibit "A" from Community Commercial (C-3) to Mixed Use 4 (MU -4); and WHEREAS, the City Commission, following public notice, conducted public hearings as required by law, heard testimony and received evidence which supports rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved by the City Commission; and WHEREAS, the City Commission deems it in the best interests of the public to amend the City's Revised Zoning Map as hereinafter set forth. 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 incorporated {00164609.2 306-9001821} Page 623 of 733 31 herein by this reference. 32 Section 2. The land described and depicted in Exhibit "A" is hereby rezoned 33 from Community Commercial (C-3) to Mixed Use 4 (MU -4). 34 Section 3. The City's Revised Zoning Map of the City shall be amended accordingly. 35 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 36 repealed. 37 Section 5. Should any section or provision of this Ordinance or any portion thereof 38 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 39 the remainder of this Ordinance. 40 Section 6. This ordinance shall become effective immediately upon passage. 41 42 ADOPTION AND SIGNATURE PAGE FOLLOWS {00164609.2 306-9001821} Page 624 of 733 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 FIRST READING: January , 2017. SECOND, FINAL READING AND PASSAGE: January , 2017. ATTEST: Judith A. Pyle, CMC City Clerk {00164609.2 306-9001821} CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 625 of 733 TO: Chair and Members Planning and Devel pment Board THRU: Michael Ru Planning and Zoning Director j A J c�ROM: Hanna Matras, Senior Planner' DATE: October 13, 2016 PROJECT: Riverwalk LUAR 16-003 REQUEST: Approve Riverwalk Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use Core (MX -C), and rezoning from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments and 51,220 square feet of commercial space. Applicant: Shaul Rikman/ Isram Riverwalk, LLC Agent: Steven S. Wherry/ Greenspoon Marder, P.A. M., lllwtrflmsm�� Existing Land Use/ Zoning: Local Retail Commercial (LRC)/C-3 (Community Commercial District) Proposed Land Use/ Zoning: Mixed Use Core (MX-C)/MU-4 (Mixed Use 4 District) V�creage: 9.78 acrd's' Page 626 of 733 'rage 2 Riverwalk LUAR 16-003 North: Right-of-way for Woolbright Road and farther north, a developed commercial property (PBC bank) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); at the northeast, a developed multifamily residential property (Bermuda Cay), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; South: Undeveloped properties classified High Density Residential (HDR) with the Conservation Overlay and zoned R-3, Multifamily Residential; at the southwest, a developed commercial property (McDonalds) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); Fast: Right-of-way for the Intracoastal Waterway; farther east, developed residential properties in the Town of Ocean Ridge; West: Right-of-way for South Federal Highway; farther west, developed commecial property (Sunshine Square), classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial). The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains a Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big box" formerly occupied by a Winn Dixie grocery store. The proposed future land use map amendment and rezoning, sought to allow a development of a mixed use project with 326 apartments and 51,220 square feet of commercial space, includes Wendy's and the multitenant building but excludes the properties occupied by Wells Fargo and Prime Catch. The recently approved, Boynton Beach Community Redevelopment Plan recommends the establishement of a new Mixed -Use Zoning District, MU-4.The staff-inated code review which creates MU -4 has been completed and is pending approval. The Major Site Plan Modifcation (MSPM 16-002), Height Exception application (HTEX 16-002) and a Community Design Appeal application (CDPA 16-002) are being processed concurrently. The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.D.3: Page 627 of 733 Page 3 Riverwalk LUAR 16-003 a. Demonstration of Need A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The request reflects an ongoing high demand for rental apartments. The Marcus & Millichap's 2016 Multifamily Investment Forecast stated: "The Palm Beach County apartment sector enters 2016 holding strong prospects of attaining lower vacancy and higher rents for the sixth consecutive year. A steady pace of hiring maintains a sizable pool of prospective renters, and a consistent flow of new V41t, Lprtwf 3 V 2 gr*Vi*Tg-a# wV& 0-nd a #Wn&Y to target (....)This year's production will finally lift apartment inventory above the peak level registered before removals for condo conversion took place before the economic downturn. " According to the company's multifamily market report for the second quarter of 201 the vacancy rate in Palm Beach County reached 4.0%, the lowest level of emp I apartments since 2005. The rental market is being upheld by "stable employment service -related positions supporting a large base of retirees, and gains in office jo commonly held by young professionals, with the latter group contributing to absorbtio of luxury rentals." The report notes that, over the last 12 months, the Boynto Beach/Delray submarket posted outsize rent growth of 8%, bringing the average rent t $1,530. Bringing residential use of a considerable density to the subject location is a[ supported by: Its proximity to downtown (one mile south from Boynton Beach Boulevard). Densi increases in areas on the fringes of downtown would further support creation critical mass of downtown -focused residents, potential customers of downto commercial and entertainment venues. Population growth within the downtown an surrounding neighborhoods is an essential foundation for a dynamic urba environment. Furthermore, the density increases would also support establishme of a second Tri -Rail Coastal Link commuter station at Woolbright Road, which ma be considered in the future. Its proximity to the Downtown Transit -Oriented Development District (DTODD., Although not within the DTODD, the site is less than one-half mile from the District', boundary. High density/intensity development on lands adjacent to Fede Highway and Woolbright Road intersection will contribute to the functionality of th station and may eventually—as mentioned above—warrant a second Coastal Lin stop at that location. These were the chief arguments underpinning the new recommendations for the area included in the updated CRA Community Redevelopment Plan (henceforth referred to as the "CRA Plan") and adopted by the City Commission on October 4, 2016 (see K Page 628 of 733 In Page 629 of 733 Page 5 Riverwalk LUAR 16-003 Polid 1.82d (Future Land Use Element) under Objective 1. 8, is discourages urban sprawl. Given that the City is almost built out, and thus lacks large, undeveloped tracks of land, the policies under this objective focus on compact, non - strip development and a cost-efficient use of public services. The policy states: "The City shag further discourage urban sprawl by, Preventing the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Please note that the location of the property also makes it subject to policies of the Coastal Management Element (CME). These policies represent the effort to guide development and redevelopment along the coast while balancing •"#• natural desire to live on the water with a need to protect the community from future storm threats. Of a particular concern is the Coastal High -Hazard Area (CHHA): in the areas with the subject designation, the CME' policies place explicit restrictions on density increases and commit the City to actions that would further minimize concentrations of at -risk population. Although the site is not located within the CHHA, most of it is nevertheless identified on the FEMA Flood Insurance Map as a Special Flood Hazard Area (the SFHA is the area N Page 630 of 733 Page 6 Riverwalk LUAR 16-003 Since MU -4 would be a planned zoning district, it would be subject to the code's provision that requires the master plan/site plan to be submitted and reviewed concurrently with the application for rezoning (Chapter 2, Section 2.13.6). The code stipulates that a master plan is an "integral component" of zoning designation for all planned districts. As submitted, the proposed master plan/site plan includes a building height that exceeds the maximum permitted height in the new MU -4 zoning district and does not comply with the proposed build -to line standards for Woolbright Road. The applicant submitted a Height Exception application for non -habitable space that includes rooftop access to the stairwells and decorative architectural elements that extend to 105 feet. The maximum building height in the MU -4 zoning district is 100 feet. The applicant also submitted a Community Design Appeal to deviate from the build -to - line requirement for Woolbright Road of zero through fifteen (15) feet to setback the building 139 feet. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classcations, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. jimaLill-A MOROI I ev-IM-4-9111 - L development intensi . This is a goal of the CRA Plan, at the core of all its recommendations. The statement above does not portend that the proposed actions would result in a development significally inconsistent with the established land use pattern, since the said pattern is eclectic: the areas in the vicinity already contain multifamily, mixed use and commercial buildings. Furthermore, all are separated from the subject property by one of the two intersecting state arterial roads while lower density townhomes sit across the Intracoastal, some 400 feet away within the neighboring jurisdiction. The maximum density allowed in the proposed MU -4 Zoning District is 60 dwelling units per acre, or 20 dwelling units per acre lower than the maximum of 80 dwelling units per acre allowed in the Mixed Use Core FLU classification (and the actual density proposed for the project is much lower, at approximately 33 dwelling units per acre). Moreover: The Las Ventanas development on the northwest corner is classified Mixed Use; it carries the "old" Mixed Use Low zoning designation (effective prior to the 2004 code amendments) with the maximum density corresponding to the density threshold for MU -1_3 (40 units/acre). The built density is approximately 38 units/acre. R Page 631 of 733 Page 7 Riverwalk delmy, The two older multifamily projects adjacent to the northeast corner of Federal Highway and Woolbright Road are built with nonconforming densities. Bermuda Cay .2nd Snug Harbor have densities of 31.1 and 27 du/acre, respectively—well above 11 du/acre which is a maximum density permitted in their R-3 zoning. Finally, even though the proposed FLU and the MU -4 zoning district would temporarily create an "isolated" classification and zoning district, the adopted CRA Plan recommends the said FLU (renamed Mixed Use High) and MU -4 zoning for properties on all four comers of the Federal Highway and Woolbright Road intersection. Note that, in December of 2006, the Sunshine Square property on the southwest corner of Federal Highway and Woolbright Road was rezoned to a Mixed Use Low district (the zoning designation of Las Ventanas), and approved for a mixed use project with 576 dwelling units at 40 du/acre. The approval coincided with the beginning of the housing market collapse and thus the project was aborted. Subsequently, both the mixed use land use and zoning reverted to the previous Local Retail Commercial classiffication and C-3 designation, which was required to implement improvements on the property. d. Sustainabilitv. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainabifity initiatives, with an emphasis on 1) complementary lKnd uses, 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed land use amendment/ rezoning meets the definition of "sustainable" as supports a mixed use, high density infill development whose residents will have acce to public transit: the Palm Tran bus service along the US 1 corridor (a bus stop located in front of Wallgreens), and the TriRail Link commuter service with the plann station on Ocean Avenue less than a one mile away and, possibly in the future, with second station at Woolbright. As already stated, the CRA Plan recommends th IhJ proposed FLU and zoning for properties on all four corners of the Federal Highway an,�,'* Woolbright Road intersection to promote establishment of a secondary activity cent I (node) in this location. An increase in population—which the subject development woul generate—is needed to effectively support more commercial uses within this node an#, j,. allow for a second station in the future, when the critical ratio of housing units to jobs iS reached. e. Availat!� of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permittedunder the requested land use classification. 1,9P774 ffela, 7ne # n'77T ITI 7 77apaull , Yj Tor potaoie water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. VA Page 632 of 733 Page 8 Riverwalk w6idEfi aiklfA The Palm Beach County School District has approved Concurrency Application for the project. Traffic impact and capacity issues will be reviewed as part of the site plan. --arainage will be reviewed in detail as part of the site plan, land development, and 4)uilding permit review processes. f Compatib The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. development with a higher poten al ens y an a ler s ru u of the existing uses—is hardly an issue given that, as already stated, they are separated from the subject property by one of the two intersecting state arterial roads while lower density townhomes sit across the Intracoastal, some 400 feet away. There are no compatibility issues pertaining to the proposed mixed use, as the areas in the vicinity already contain multifamily, mixed use and commercial buildings. In recommending the proposed FLU classification and zoning district for properties at this intersection, the adopted CRA Plan recognizes that increasing the scale of redevelopment in the subject location—to an intensity higher than that of existing uses but below the intensity recommended for the downtown area—will in the long run be beneficial for both the neighborhood and the City as a whole. Staff is of the opinion it will have no short-term negative impact on property values of nearby properties and those values will evantually increase. g. Direct Economic Develoment Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: Page 633 of 733 Page 9 Riverwalk (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methodsltechnologies, especially those promoting sustainabifity, (6) Be complementary to existing uses, thus fostering synergy effects, and 17 , ) Alleviate blightleconomic obsolescence of the subject area. A synergistic effect of the second high density mixed use project on the Federal Highway and Woolbright Road intersection would promote a sustainable commercial activity center at this node ("g.6creating a long-term value. h. Commercial and IndustfiaLLmAjyp2IK The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions. - (1) The size, shape, andlor location of the property makes it unsuitable for commerciallindustrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezrIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. The proposed rezoning with the accompanying Master Plan would reduce the amount of land available for commercial development. However: I 01 Page 634 of 733 Page 10 Riverwalk LU AR 16-003 • It would create a mixed use project, retaining some commercial uses and adding a new commercial building; • The LRC classification and C-3 zoning it would replace allows for multifamily development under R-3 zoning site regulations (though such a development would be highly unlikely to happen on this site); • It would generate demand for commercial uses (retail/restaurants); and • So far, intensification of the commercial uses on the subject site has not been supported by the market (the "big box formerly occupied by Winn Dixie has remained vacant). i. Alternative Sites. Whether there are adequate site elsewhere in the it for the proposed use in zoning districts her such use is already allowed. As already noted in this report, the CRA Plan provides site-specific recommendations for future land use classifications. The subject site is located in the Federal Highway Corridor District (South); the Plan recommends the proposed FLU of Mixed Use Core (to be renamed Mixed Use High) and zoning for properties on all four corners of the Federal Highway and Woolbright Road intersection and specifically designates the area as a secondary activity node. The subject requests implement this recommendation. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.I.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article I// and the site development standards of Chapter 4. As noted, the code review establishing the new MU -4 zoning district recommended by the CRA Plan and requested by the applicant is being processed concurrently, as is the request for Community Design Plan Appeal and a Height Exception Application (see the corresponding staff reports). As indicated herein, staff has reviewed the proposed future land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the 2016 CRA Community Redevelopment Plan. The staffs recommendation for the approval of the subject request is contingent on the approval of the two concurent requests. rwllffl� �IV_A�y -TIT MATEX—AMWIVro MMM"MR–or-IM 16-003 Riverwalk Staff Report DRAFT 10-17-16.docx El Page 635 of 733 RIVERWALK LUAR 16-003 LOCATION MAP Legend FLU classifications LOW DENSITY RESIDENTIAL (LDR) Max. 4.84 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) Max. 20 D.0/Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) MIXED USE (MX) CONSERVATION OVERLAY (C/O) 0 125250 500 750 1,000 Feet Page 636 of 733 13.C. LEGAL 1/17/2017 REQUESTED ACTION BY COMMISSION: Approve request for Riverwalk Plaza (CDPA 16-002) Community Design Plan Appeal of Chapter 2, Article III, Section 4.13.3, "Build -to -line", requiring buildings along Woolbright Road to be constructed within a build -to -line of 0 to 15 feet to allow a setback of 139 feet. Applicant: Shaul Rikman, Isram Riverwalk, LLC. (TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATEAS ACTION TAKEN ON THE CORRESPONDING APPLICATION ITEMS). EXPLANATION OF REQUEST: The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains the Wendy's Restaurant, Wells Fargo Bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch Restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The application submitted for Community Design Appeal is pursuant to the Land Development Regulations (LDR) Chapter 2, Article II, Section 413.3 "Build -to -line", which requires buildings to be constructed along the roadway frontages with a build -to -line range of 0 to 15 feet. Approval may be granted by staff of up to a 15 foot setback in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating area. However, as described within staffs analysis, compliance with the intent of the LDR is complicated by site characteristics, the location of the Prime Catch Restaurant between the subject property and Woolbright Road, and the significant grade change of Woolbright Road for the Intracoastal Waterway Bridge. Consequently, the residential building is proposed to be located outside of the build -to -line which warrants the filing of this appeal request. Staff supports the subject request for the above -stated reasons, in connection with the provision of enhanced public access routes leading to the building and waterfront promenade. The Land Use and Rezoning application (LUAR 16-003), Major Site Plan Modification (MSPM 16-002), and Height Exception application (HTEX 16-002) are being processed concurrently. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: Page 637 of 733 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D her D Conditions of Approval D Development Order REVIEWERS: Department Planning & Zoning Description Staff Report Location Map Master Plan Justification Statement from Application Conditions of Approval Development Order Reviewer Action Date Pyle, Judith Approved 1/4/2017 ® 2:22 PM Page 638 of 733 0 • IYAW1104• TO: Chair and Members Planning andevel ment Board and City Commission TU: Michael umpf Planning and Zoning Director FROM: Amanda Bassiely Senior Planner — drtan Designer 1` December .*�IROJECT: Riverwalk Plaza -` 00 SectionREQUEST: Approve request for a Community Design Appeal of Chapter 2, Article 11, -line", requiring buildings tr be constructed with a build-to- line Property Owner: Isram Riverwalk, LLC Applicant: Shaul Rikman/ Isram Riverwalk, LLC Agent: Steven S. Wherry/ Greenspoon Marder, P.A. Location: 1532 South Federal Highway (Exhibit "A") Site Details: The applicant has submitted development applications for a Land Use Amendment and Rezoning, Major Site Plan Modification, Community Design Appeal and Height Exception for a mixed-use project known as Riverwalk Plaze, which proposes a one-story 4,666 sq. ft commercial building, a renovation of an addition to a 41,970 sq. ft. one-story commercial building, and a new ten -story residential building with 326 rental units. The proposed site plan shows the placement of the two commercial structures along South Federal Highway and the residential building along the Intracoastal Waterway. NATURE OF REQUEST Steven S. Wherry is requesting approval of a Community Design Appeal of Chapter 2, Article II, Section 4B.3 "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet. The build -to -line is the placement of a building wall in a precise location in proximity to the corresponding property line (versus "building setback" which is commonly regulated with a minimum dimension standard). Page 639 of 733 Riverwalk Plaza (CDPA 16-002) Memorandum No PZ 16-051 Page 2 The application submitted for Community Design Appeal is pursuant to the Land Development Regulations (LDR) Chapter 2, Article Il, Section 4B.3 "Build -to -line", which requires buildings to be constructed along the roadway frontages with a build -to -line range of 0 to 15 feet. Approval may be granted by staff of up to a 15 foot setback in order to 9) optimize landscape design; 2) maximize on-site drainage solutions, 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating area. However, as described, the residential building is proposed to be located outside of the build -to -line, and accordingly, is the subject of this appeal request. The applicant has submitted a Justification Statement (Exhibit "C") dated April 26, 2016 addressing each of the following review criteria for such applications: a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; d) Whether the proposed request is intended to save or preserve existing trees or desired flora; e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions, t) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed building site totals 426,257 square feet or 9.78 acres, with Woolbright Road to the north, South Federal Highway to the west, and the Intracoastal Waterway as the eastern boundary. The proposed mixed use development is comprised of four (4) different structures including a new residential building with an integrated parking structure and commercial space, a new commercial building, a renovated commercial building and an existing building occupied by a fast-food restaurant. As shown on the Master Plan (sheet AS -101), the boundary of the site is irregular and excludes two parcels which directly front Woolbright Road. The two parcels which are not included in this redevelopment proposal are occupied by the Wells Fargo Bank and Prime Catch restaurant. The strict application of the build -to -line requirements, in this instance, would limit or Page 640 of 733 Riverwalk Plaza (CDPA 16-002) Memorandum No PZ 16-051 Page 3 V W WON 0 0 PeUeSU-1an Alain irom ine will be cladded with art displays to provide an enhanced route to the urban plaza • •. Waterway promenade. U19!iO3MI=Ij Staff has reviewed this request for Community Design Appeal approval. Based on the analysis contained herein, staff recommends approval contingent upon City Commission approval of concurrent requests for Land Use Amendment & Rezoning, New Site Plan, and Height Exception, and satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WPNPROJECTS\Riverwalk File Folder\Riverwalk CDPA 2\CDPA 16-002 Staff Report.doc Page 641 of 733 Exhibit A: Location Map A 0 65130 260 390 520 Feet Page 642 of 733 lo Exhibit B1: Master Plan Z mi HHaNa :3 Hw4zo o z aopoN CD � e (D � y � zoo-om v➢� � Q � =N w ; o � = w v�- w� Q s o u'i�R �p pra o33< lo w Z mi HHaNa :3 Hw4zo o z aopoN � e (D � y � zoo-om v➢� � Q � =N w ; o � = w lo w Z i I J w Z J s o u'i�R �p pra o33< z a � - a a aaa a pada a --m mmmm r€9 az g - o_ o - - H z O a< o � ao yyp000 �pa> Unm og=� z g w o e >w-u =000,p��o =op�oa e e oLL��oo �_. LU w o'-=rpx=ospaw J .opW�o�oo �wa��5m (n s 0 a e z � � ooWpop o _ pFoaFzo o wop a w wN=ya « s Exhibit C: CDAP Justification From the desk of: Steven S. Wherry, Esq. 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 Phone: 954.491.1120 Fax: 954.771,9264 Direct Phone: 754.200.7017 Direct Fax: 954,333.4157 Email: steven.wherry@gmlaw.corn Community Design Appeal Request: The Applicant is requesting a deviation from the build -to line requirement along Woolbright Road. The intent of the build -to line deviation is to allow the Applicant to develop an incremental improvement to the existing site that has existing uses and required parking adjacent to the right-of-way that cannot be removed due to long term leases. The Applicant is meeting the build -to -line along Federal Highway with a new building, outdoor dining areas and a canopy that covers the existing Walgreens drive-through. The land within the Applicants ownership along Woolbright Road is currently encumbered with existing access drives, Wendy's restaurant and associated parking which prevent compliance with the build -to line requirements. The existing Wendy's lease, with renewals, extends to 2037, The Applicant's request is consistent with the Community Design Appeal Review Criteria as documented below. a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan A deviation from the build -to line requirements will allow the redevelopment plan to include a public plaza and related amenities along the Intracoastal Waterway. Strict construction of the build -to line in the present application would result in building footprint placement and site configuration such that the public plaza amenities would not be possible. The public plaza will establish new public access to the Intracoastal Waterway, an important community resource, and a feature that differentiates the City of Boynton Beach from other municipalities that do not have waterfront access. Additionally, opening up public access to the Intracoastal Waterway and establishing a public plaza creates an opportunity for public events that activate the site and create the possibility for Water Taxi connectivity to other nearby areas, such as the Las Ventanas mixed use development and other exciting destinations within the Boynton Beach Arts District. These factors undergird and give form to the numerous comprehensive plan goals, objectives, and policies enumerated below. Boca Raton I Ft, Lauderdale I Las Vegas I Miami I Miami Beach I New York I Orlando I Port St. Lucie I Tallahassee I Tampa I West Palm Beach 26083136vl Page 644 of 733 Moreover, strict application of the build -to line requirements in the present instance would tend to produce the appearance of a hulking, massive structure given that the zero -foot build -to line would apply to frontage along Federal Highway, Woolbright Road, and the Intracoastal Highway, thereby greatly impacting neighboring access to light and air. The proposed redevelopment plan preserves attractive view corridors into and through the site, helping to promote the human scale of the design and overall project. Deviating from strict application of the build -to line requirements allows the redevelopment plan to include more compact structure design, an important and distinctive element consistent with the benefits of mixed-use development — one which discourages urban sprawl in all its forms. The proposed request is consitent with the Comprehensive Plan because it complies with a variety of goals, objectives and policies as eneumerated below. Specific elements of the goals, objectices and policies that are reflected in the development plan are underlined for clarity. The proposed request to deviate from build -to line requirements complies with the following goals, objectives, and policies of the Future Land Use Element of the City's Comprehensive Plan: 1. GOAL I Provide a range of land uses which accommodate a full range of services, and activities, and housing types, while minimizing land use conflicts, maintaining the character of the community, ensuring adequate public facilities, and minimizing adverse impacts on natural resources. 2. Objective 1.1 Land development and future land uses shall continue to be coordinated with the provision of the following facilities and services, concurrent with the needs of the existing and future land uses, and consistent with the adopted minimum levels of service standards contained in this Comprehensive Plan: 1. Roadways 2. Potable Water 3. Sanitary sewer 4. Solid Waste 5. Stormwater Drainage 6. Recreation and 0 ffen Sgqce 7. Public School Facilities 3. Objective 1.3 Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Building Code and subdivision regulations. Page 645 of 733 Policy 1.3.1 The City shall continue to implement the Future Land Use Plan in accordance with the following descriptions of land use categories and designations. The uses, densities and intensities shall be the maximums allowed, but shall not indicate that those maximums are necessarily allowed in a land use category or zoning district. The land development regulations or other provisions of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which may have land use characteristics very similar to those uses listed under a particular land use category may also be allowed in that land use category. One or more zoning districts, including planned development districts, shall be established to implement each of the following land use categories. d. Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow cc�ific �m hie areas of the City that take maximum advantage of existing utility systems and services; and promote coMpact developme , safe and pedestrian - friendly streets, and provide transportation choices. 4. Policy 1.3.2 The City shall continue to administer land development regulations that address and regulate the following: a. All land uses identified on the Future Land Use Map; b. The coordination of future land uses with the appropriate topography and soil conditions; c. Compatibility of adjacent land uses and buffering and screening of uses; d. The subdivision of land; e. Signage; f. Areas subject to seasonal or periodic flooding and provisions for drainage and stormwater management; g. The protection of environmentally sensitive lands, water wellfields and aquifer recharge areas; h. Access Management; i. On-site vehicular circulation, parking lots and loading areas designed and sized to provide the maximum reasonable degree of safetyand convenience, j. TheDrovision of open space; k. The protection of known and discovered archaeological sites; 1. The identification, documentation, and preservation of historic and cultural resources; in. The protection of natural resources; and, n. The availability of facilities and services at adopted levels of service concurrent with the impacts of development. Page 646 of 733 M W � lrwrkglznkq�� 5. Objective 1.4 The City shall encourage innovative land development regulations that implement this Comprehensive Plan. Policy 1.4.2 The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainabi initiatives. Ab lity 6. Objective 1.7 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans within the commercial and residential Community Redevelopment Area, This includes areas east of 1-95, notably in the Federal Highway corridor, the Heart of Boynton and Boynton Beach Boulevard areas, and the Ocean District. Policy 1.7.3 The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. 7. Objective 1.8 The City shall discourage the proliferation of urban sprawl and shall facilitate a compact urban development patte that provides opportunities to more efficiently use and develop infrastructure, land, and other resources and services by concentrating more intensive growth within the City and the City's utility service area. Policy 1.8.2 The City shall further discourage urban sprawl by; A. Preventing the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compac developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. t. Objective 1.18 The City shall encourage transit -supportive land development patterns to promote multi -modal transportation and increased mobilfty. Page 647 of 733 �* �*# � 001 I W.T 0XIIIIISISSIM Policy 1. 18.2 The City shall aim to transform the Downtown TOA District area into an active, mixed-use, pedestrian -friendly activit zone, supporting new housing to • intensif ying land destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high_density and intensily development of a varied mix of land uses. d. The City shall ensure that new development contributes to the creation of an enhanced pedestrian environment through well - located public plazas, expanded public sidewalks, and pedestrian - scaled street and block structure for maximized internal and external connectivity. The proposed request to deviate from build -to line requirements complies with the following goals, objectives, and policies of the Transportation Element of the City's Comprehensive Plan: Goal 2 To develop and maintain a transp• • • ortation needs of all sectors of the City of Boynton Beach in a safe, efficient, cost effective, and aesthetically pleasing manner that promotes multimodal transportation pplions, such as walki , bicycling, and transit. 2. Objective 2.4 The City shall develop and maintain a safe, convenient, multimodal tr including walkin , bicycling, and public transit, which will meet future as well as current transportation needs, particularly within the TCEA and the CRA. 3. Policy 2.4.12 The City shall promote a choices within the Community Redevelopment Area (CRA) by supporting the following design features for streets within the TCEA boundaries: low speed turning radii; new continuous and permanent on -street parking; pedestrian -scaled lighting; narrow travel lanes; curb extensions or bulb outs; installation of shading street trees; bus stops and other transit enhancements; widening sidewalks., installation of bicycle lanes; and use of brick crosswalks. 4. Policy 2.4.15 The City shall investigate the the Palm Beach water taxi service to include stops in Boynton Beach. The City shall apply for capital funding available through the Metropolitan Planning Organization for water taxi stops when the service is determined to be feasible in the southern portions of Palm Beach County. Page 648 of 733 5. Policy 2.4.17 The City shall strive to adapt its transportation network to accommodate the anticipated passenger rail service on the FEC Corridor, with a new station in the City's CRA. To implement transit - oriented development and provide superior access to the future downtown station, the City shall plan for: a. "Complete streets", accommodating all modes of transportation (automobile as well as pedestri , bicycle, and transit), to be interconnected with surrounding developments and neighborhoods within the Downtown TOD District. b. Short blocks that will allow for an interconnected roadway network to be created over time, with new streets, alleys an pedestrian passageways to ensure that blocks are easily walkable to maximize pedestrian and bicycle access to the future station from the Downtown TOD District and beyond. c. Pedestrian- and bicycle -friendly design standards for new streets and for retrofitting existing streets to match their new function. 6. Objective 2.6 The City shall provide for private sector responsibility to implement project related transportation improvements, including bicycle, pedestrian, and public transit infrastructure, particularly within the TCEA. 7. Policy 2.7.4 The City shall promote Transportation Demand Management strategies such as car pooling, transit, and parking priorities to alleviate peak hour and/or peak season traffic congestion through public/ pfinate partnerships (e.g. Transportation Management Associations and/or Parking Management Associations). 8. Policy 2.7.6 By 2006, the City shall develop transportation system management strategies to more effectively manage the transportation system including, but not limited to, parking management strategies, signal timing coordination, and progr s that increase walking and/or bicycling. 9. Policy 2.10.3 The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to support and engage in cooperative funding of transportation improvements. 10. Objective 2.11 The City shall continue to assist Palm Tran in providing efficient pulific tri sit services based on existing and future 4q�_ Page 649 of 733 trip generators and attractors and also provide local public transit road and terminal areas which are safe for transit users. 11. Policy 2.11.1 The City shall support the transit shelter and terminAmIl development programs of Palm Tran, the proposed High Sp- P#,- Project and of the Tri -Rail Authority. I 12. Policy 2.11.2 The City shall continue to modify and enforce regulations to encourage the provision of transit related shelters in major land development project . 13. Policy 2,11.5 As part of the transit study in Policy 2.4.10 and in cooperation with Palm Tran, the City shall evaluate transit service within the CRA boundaries and identify needs for route realignments and/or bus stop improvements such as well-designed shelters, bicycle parking, route information, benches, waste receptacles, pedestrian access to stops/shelters or the need for new bus stops. Based upon. the conclusions of the transit study, the City will work with Palm Tran to program recommended actions and modifications to the existing transit system within the CRA boundaries. The proposed request to deviate from build -to line requirements complies with the following goals, objectives, and policies of the Recreation and Open Space Element of the Citys Comprehensive Plan: 1. Goal 5 To create and maintain an interconnected system of aesthetically pleasing, functional, and well-maintained harks, pedestrian/ bikeways, greenways, bluewqys and natural areas that will adequately serve the needs of the current and future residents of the City of Boynton Beach, including seasonal visitors, and special groups such as the elderly and handicapped. The City shall also continue to provide a variety of high quality parks and recreation related programs for all residents. 2, Objective 5.1 The City shall provide a system of park sites with a variety of both user -oriented and resource based facilities and recreational programs to serve the needs of current and future City residents consistent with the Strategic Plan, dated April 2007 as defined in the Technical Support Documentation. Elements of the system shall include: • Urban Open / Civic Space • Neighborhood Parks • Community Parks • Special Use Facilities Page 650 of 733 1 9 • Water / B , each Access • Greenways / Bikeways / Trails s • Conservation Lands 'Tra 1 • Regional Parks • Schools / School Parks • Private Recreational Facilities 'i I • Art in Parks and other Public S ac ] 3. Objective 5.2 The City shall ensure adeguate and safe public access to all existing and future City parks, recreational facilities, and local waterways. This effort shall include vehicular, pedestrian, trail, bicycle, and handicapped access and shall continue to improve and increase access to parks and recreational facilities, where available space exists, by providing adequate automobile parking, bike rack facilities, and handicap access to all existing and planned, neighborhood and community parks operated by the City by the year 2013. 4. Objective 5.4 The City shall maximize the use of public and private resources in the provision of recreational facilities to meet current and future demands. Policy 5.4.1 The City shall require the provision of recreation faciliti and open space by public agencies and private developers. i Policy 5.4.2 City shall ensure that future private, as well as ded at dre icA areas, are developed to meet identified needs of residents and ad g2oglWhic deficiencies. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The intent of the Riverwalk Plaza redevelopment plan is to utilize an existing blighted site located in the CRA and improve it within the context of its existing conditions. The Property is constrained by an existing long term lease with Wendy's that prevent Isram from demolishing all the existing building. The Wendy's lease extends to 2037, including all renewal options. Israrn proposes to improve the existing parking field behind the Wendy's parcel to improve the traffic flow and aesthetics of the Property. The Property will be greatly enhanced with new code compliant parking, improved landscaping, clearly delineated pedestrian paths as well as new shade structures and a public plaza along the Intracoastal. The Federal Highway frontage as well as the new public plaza area along the Intracoastal Waterway will be a focal point for public art. Because the site encompasses almost 10 acres along the entire comer of intersection, the character of all Page 651 of 733 of the improvements and new construction will establish a sense of place and enhance the character of the area. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The purpose of the build -to line is to enhance the areas immediately adjacent to the rights-of-way for the public and pedestrians to experience as they drive by and walk the area. The intent is to also screen other non-active uses such as parking areas. To comply with this standard, a new commercial building will be constructed along the Federal -areas public artwork, and landscaping to create a perimeter that not only greatly improves the right-of- way views, but also screens the required parking. These structures will frame the streetscape and contribute to a well-defined, consistent visual corridor that encourages walkability and activity along its length. Allowing this design will provide for a betterment of the Property for the public because clearly marked pedestrian paths will lead to a public boardwalk that is included in the redevelopment plan. Currently the public has little opportunity to access the Intracoastal Waterway from the Property because a vacant big -box consumes most of the Property's frontage along the Intracoastal and the rear of the big box which is seen from the Intracoastal is an eyesore. The redevelopment plan provides for public access through a public boardwalk which will provide a public benefit to the residents of the development and the citizens of Boynton Beach. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. A tree survey was submitted with the site plan noting all significant trees and landscaping on site. The site has relatively few significant trees given the size of the site, and the parking areas currently do not meet the intent of the code as it relates to landscaping. The Riverwalk Plaza redevelopment proposal will preserve any significant trees and flora where possible but will greatly enhance the site with additional code compliant landscaping that will be designed in conjunction with the new residential structure and enhanced pedestrian and vehicular areas. ,J) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and The primary reason for the request to deviate from the build -to line is becau" ul there are existing leases and code required parking serving those tenants that ha long term leases. Based on lease provisions, the location of these spaces cann Page 652 of 733 be relocated and the number of spaces required precludes them from beirM removed. In addition, additional buildings would add to the required parking. wait for the existing leases to expire would prevent the entire project from bei incrementally improved. If the Applicant is prevented from implementing I redevelopment plan, the CRA and City residents will be left with a dilapidat undermilized center that will inhibit the redevelopment of the surrounding area. (2) Whether it is not feasible to transplant the trees to anoth location on the subject site considering the following: 1) shape a dimensions of the real property; 2) location of existing d infrastructure improvements; and 3) size, age, health, a species of trees sought to be protected. Any healthy, non-invasive trees shall either remain in place or be transplanted to another suitable location. Any other trees that are removed for any other reason shall be replaced according to the City Code requirements. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. The site does not contain any environmentally significant characteristics. There will be no adverse impacts with the implementation of the redevelopment plan. E Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. There will be no adverse impacts on the adjacent properties. By improving the Property and adding new a residential component that will help support the nearby commercial uses and activate the street frontage, the redevelopment plan supports the CRA plan, and all surrounding property values in the area will increase as a result of the redevelopment. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. There will be no appreciable impact of light and air to adjacent properties due to the setback of the new proposed residential building. The main new structure sits to the east end of the site thereby shadowing only the Property itself during the morning hours. To the north is a parking area and Woolbright Road. To the east is the Intracoastal Waterway and the properties across the waterway are approximately 400 feet away. A shadow study has been provided to show the shadow during the equinoxes. The residential building is designed to stepback from the Intracoastal Water -way to minimize the shadows to the east. Page 653 of 733 023MEEM lirI&ONSMO h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. The site is underutilized today with a large "big box" that is primarily vacant d"3 to the loss of Winn Dixie. This coupled with a largely •underutilized surfa parking lot creates a blighted area with little economic value. By adding significant amount of residents to the area, economic viability of the near commercial and retail uses will be improved. Renovating the existing Jo Fabric/Walgreens building will improve its aesthetic value and will farth enhance the economic viability of those and surrounding businesses. Addi structures and landscaping • along the rights-of-way will dramatically improve t comer of Federal and p Woolbright and will hel•repair the fab o• ric of the city in t lcation. i. Whether the proposed request meets the purpose and intent of thes-? regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The redevelopment plan meets the intent of these regulations and supports development standards such as sustainable strategies by creating] a more walkab and transit supportive environment, adding trees and landscaping to help redu the heat island effect, adding native landscaping to reduce water consumption a reinvigorating an existing, underutilized site. Page 654 of 733 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Riverwalk Plaza File number: CDPA 16-002 Reference: Review Request for Community Design Plan Appeal approval of Chapter 2, Article III, Section 4.13.3. "Build -to -line", which requires buildings be constructed with a build -to -line of 0 to 15 feet. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. Page 655 of 733 Riverwalk Plaza (CDPA 16-002) Conditions of Approval Page 2 of 2 C:\Users\ParkerA\Desktop\riverwalk\STAFF REPORT\CDPA 16-001 COA.docx Page 656 of 733 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Riverwalk Plaza (CDPA 16-002) APPLICANT: Shaul Rikman/ Isram Riverwalk, LLC APPLICANT'S ADDRESS: 506 South Dixie Highway, Hallandale, FL 33009 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 17, 2017 APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of Chapter 2, Article III, Section 4.B.3, "Build -to -line", which requires buildings be constructed with a build -to -line of 0 to 15 feet. LOCATION OF PROPERTY: 1532 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistentwith the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk C:\Users\ParkerA\Desktop\riverwalk\STAFFREPORT\CDPA 16-001 DO.doc Page 657 of 733 13.D. LEGAL 1/17/2017 REQUESTED ACTION BY COMMISSION: Approve request for Riverwalk Plaza (HTEX 16-002) Height Exception to allow the stair towers and decorative architectural features of the Riverwalk Plaza mixed use project to be constructed at 105 feet, 5 feet above the maximum allowable height of 100 feet in the MU -4 (Mixed Use -4) zoning district. Applicant: Shaul Rikman, Isram Riverwalk, LLC. (TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION IS TO BE TAKEN ON THE CORRESPONDING APPLICATION FOR LAND USE AMENDMENT AND REZONING) EXPLANATION OF REQUEST: The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains the Wendy's Restaurant, Wells Fargo Bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch Restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The application submitted for Height Exception approval is for non -habitable space that includes rooftop access to the stairwells and decorative architectural elements. The maximum building height in the new MU -4 zoning district is 100 feet. The elevations (see Exhibit "B" — Sheets AS -201 & AS -202) show that the building would be constructed utilizing a parapet wall, with the actual roof deck at a height of 95 feet. The code indicates building height for structures with flat roofs shall be measured at the roof deck, and the surrounding parapet may be up to five (5) feet higher. However, as noted above, the stair towers and decorative architectural elements exceed the maximum allowable height of the zoning district, thus the application for a Height Exception of five (5) feet has been submitted for those specific features, in conjunction with the other previously noted applications for development approval. Staff finds that the portion of the roof that deviates from the maximum height is minimal, and would not represent habitable space. Also, the tallest elements on the project are over 290 feet from the nearest residential land uses, over 230 feet from the Intracoastal Waterway, over 400 feet from Federal Highway, and approximately 580 feet from the residential properties in Ocean Ridge thereby allowing staff to confidently opine that the proposed height exception would have no negative impact on surrounding properties. The Land Use and Rezoning application (LUAR 16-003), Major Site Plan Modification (MSPM 16-002), and Community Design Appeal (CDPA 16-002) are being processed concurrently. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 658 of 733 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Drawings D her D Conditions of Approval D Development Order REVIEWERS: Department Planning & Zoning Reviewer Pyle, Judith Description Staff Report Location Map Rooftop Diagram Building Elevations Justification Statement Conditions of Approval Development Order Action Approved Date 1/4/2017 ® 2:22 PM Page 659 of 733 lillkl r e EM4 Ji • / 0111:JrAl r TO: Chair and Members Planning & Develop ent Board and City Commission THU: Michael Rumpf it W Planning and Zoning Director FROM: Amanda Bassiely W/ V Senior Planner- Urban Designer D' December 2! 2016 Riverwalk • 1! REQUEST: Approval of height exception request to allow the stair towers and decorative architectural features of the Riverwalk • be constructed at 105above the maximum allowable height of 11 feet(Mixed Use -4) * • district. • �- Property Owner: Isram Riverwalk, LLC Applicant: Shaul Rikman / Isram Riverwalk, LLC Agent: Steven S. Wherry / Greenspoon Marder, P.A. Location: 1532 South Federal Highway (see Exhibit "A" — Location Map) Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 (Community Commercial District) Proposed Land Use/Zoning: Mixed Use Core (MX -C) / MU -4 (Mixed Use 4 District) Proposed Use: Modification of existing shopping center to a mixed use development of 326 apartments and 51,220 square feet of commercial space. Acreage: 0.73 acres Adjacent Uses: North: Right-of-way for Woolbright Road and farther north, a developed commercial property (PNC bank) classified Local Retail Commercial (LRC) and zoned C- 3 (Community Commercial), and a developed multifamily residential property (Bermuda Cay), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; South: To the southwest, a developed commercial property (McDonalds restaurant), classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial), and to the southeast undeveloped properties classified High Density Residential (HDR) with the Conservation Overlay and zoned R-3, (Multi -Family Residential); Page 660 of 733 Page 2 Memorandum No. PZ 16-052 East: The Intracoastal Waterway, and farther east are developed residential properties in the Town of Ocean Ridge; and West: Right-of-way for South Federal Highway, then farther west, developed commercial property (Sunshine Square shopping center), classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial). I y��a md7� The applicant has submitted development applications for a Land Use Amendment and Rezoning, Major Site Plan Modification, Community Design Plan Appeal and Height Exception to redevelop the Riverwalk Plaza shopping center to a mixed use development consisting of 326 apartments and 51,220 square feet of commercial space. The site currently has a vacant Winn-Dixie supermarket store, Walgreen's Pharmacy, JoAnn Fabrics, Wendy's Restaurant, various other small shops, a separately owned outparcel with a Wells Fargo Bank, and a separately owned parcel with the Prime Catch Restaurant. Additionally, a staff -initiated code review creating a new MU -4 (Mixed Use 4) zoning district was reviewed by the P&D Board at their November meeting and was heard on first reading at the December 19th Commission meeting. Second reading of the ordinance is scheduled for the January 3rd Commission meeting. The application submitted for Height Exception approval is for non -habitable space that includes rooftop access to the stairwells and decorative architectural elements. The maximum building height in the MU -4 zoning district is 100 feet. The elevations (see Exhibit "B" — Sheets AS -201 & AS -202) show that the building would be constructed utilizing a parapet wall, with the actual roof deck at a height of 95 feet. The code indicates building height for structures with flat roofs shall be measured at the roof deck, and the surrounding parapet may be up to five (5) feet higher. However, as noted above, the stair towers and decorative architectural elements exceed the maximum allowable height of the zoning district, thus the application for a Height Exception of five (5) feet over the maximum height allowed in the district has been submitted for those specific features, in conjunction with the other previously noted applications for development approval. The Land Development Regulations, Chapter 2, Article II, Section 4.C., Height Exceptions, states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. According to this Section, building appurtenances and structures, electrical and mechanical stapnort systems and their necessary mechanical appurtenances, and architectural enhancements to the design of the building, may be erected on top of a structure, above the district height limitations, and are eligible for consideration of approval by the City Commission on a case-by- case basis. The applicant has submitted a Justification Statement (Exhibit "C") dated November 3, 2016, addressing each of the following review criteria required for these applications: 1) Whether the height exception would adversely affect any of the following: a) light and air; b) property values; c) the living conditions, or d) existing or proposed land uses; 2) Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations, 3) Whether the height exception would contribute to the architectural character and form of the proposed project, 4) Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; 5) Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; 6) Whether the height exception is necessary and not proposed in a manner with which the principle Page 661 of 733 Page 3 Memorandum No. PZ 16-052 objective is to maximize project visibility without concern for architectural or aesthetic integrity; and 7) Whether sufficient evidence has been presented to justify the need for a height exception. Staff has determined that the project meets the intent of the review criteria for Height Exception. The decorative architectural features contribute dimension and interest along the top of the building, in an attempt to provide some detail and undulation to a relatively straight/even roofline. In considering the standards for granting approval, staff agrees with the applicant that the exception is necessary to provide the required access to the roof, that there should be no adverse effect, and that the requested five (5) foot exception would not severely reduce light and air in adjacent areas. The property is surrounded by road rights-of-way on two (2) sides, the 300 foot wide Intracoastal Waterway on the east side, and undeveloped property with a conservation overlay and retail property fronting on Federal Highway on the fourth side. According to the Land Development Regulations, a building constructed within the MU -4 zoning district could be constructed with a roof deck at 100 feet in height and have an additional five (5) foot tall parapet around the entire building without requiring an application for height exception, resulting in the appearance of a 105 foot tall building. The applicant is requesting only small segments of the building (including stair towers and decorative architectural treatments) at a height between 100 and 105 feet. The exception request is for approximately 2,839 square feet (421 for the stair towers and 2,418 for the decorative architectural elements) of the 61,487 square foot roof area, or approximately 4.7% of the rooftop area. That portion of the roof that deviates from the maximum height is minimal, and would not represent habitable space. Also, the tallest elements on the project are over 290 feet from the nearest residential land uses, over 230 feet from the Intracoastal Waterway, over 400 feet from Federal Highway, and approximately 580 feet from the residential properties in Ocean Ridge thereby allowing staff to safely opine that the proposed height exception would have no negative impact on surrounding properties. Lastly, it should be noted that the City has routinely granted similar requests for minimal deviations from the maximum building height standards for roof and other architectural elements and rooftop equipment. Based on the analysis contained herein, staff recommends that this request for a height exception of five (5) feet be approved for the stair tower and architectural enhancements. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "D" — Conditions of Approval. S:1Planning\Shared\Wp\ProjectslRiverwalk Plaza\HTEX 16-OMStaff Report.doc Page 662 of 733 Exhibit A: Location Map A 0 65130 260 390 520 Feet Page 663 of 733 Exhibit B: Roof Plan Diagram H CD Exhibit B: Elevations H (14 O os^ H g 3 om �#13-5 ■® -� ■WB■1 ■BWB■ ■■WY �� ■ ' ' ' ® ®®■WI W■W® WIIIWt ■■� Y ■■®IY ■ ttt5 �� _ f® ,F imm Ili„ MomMON iv I''iiI11��P� ■ �.n ,� -. l OR mmm P' n 1 I II no 1 �)+,` (Qi�l; ill I I t Is�l�rt+ Nil F1 1 � ` IIIII�III� III IIII IIIII UVlnl� IIIIIIII�II �'I ■ ' � �' � ii '? 111111 1w11111w 11ui1u 111u� III11 111u111w 111111111IN 1 �� Dion �� uiu1111$ 11111 Vlnl IN Ilnllll M1 €� !l{ igun �i m1 mui ?" o�� iiiu IIII � Iqf t tr »tt s I t�uu t ltl on Elm ®RVA �# IN 0 CtfESkU� � cif `.� s ! ■ ■ • ■ ■ _ , �(9ll01111iii IOtrrr; QQQ({t ,_q{ttHttti lllllllllllllll. ¢i1111111M4J! � ■ 11 M 1 t a Exhibit B: Elevations CD N s - a 0- NQ DO � u April 26, 2016 Revised November 3, 2016 From the desk of: Steven S. Wherry, Esq. 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 Direct Phone: 754.200.7017 Direct Fax: 954.333.4157 Email: steven.wherry@gmlaw.com Height Exception Request: The Applicant is requesting a deviation from the maximum allowable height requirement in the MU -4 zoning district for building appurtenances and architectural features. At its maximum, the proposed building is 10 stories, and the roof of the roof level of the building is 95'. The Applicant is requesting that the appurtenances and architectural features extend to a maximum height of 105'. Review Criteria Chapter 2, Article II, Section 4.C.3 of the Land Development Regulations. The Applicant's request is consistent with the Community Design Appeal Review Criteria as documented below. a. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2) property values; 3) the living conditions; or 4) existing or proposed land uses; The location of the new proposed residential building on the Property ensures that there will be minimal impact on light and air to adjacent properties. The new structure sits to the east end of the Property thereby shadowing primarily the Property during the morning hours and not adjacent properties. To the north is a parking area and Woolbright Road. To the east is the Intracoastal Waterway and the properties across the waterway are approximately 400 feet away. A shadow study provided with the site plan application documents that the shadows created by the residential building during the equinoxes do not impact adjacent properties. Further, the residential building is designed to stepback from the Intracoastal Waterway to minimize the shadows to the east. The proposed redevelopment plan replaces a dilapidated commercial structure with an attractive residential building. By improving the Property and adding new a residential component that will help support the nearby commercial uses and activate the street frontage, the redevelopment plan supports the CRA plan and all surrounding property values in the area will increase as a result of the redevelopment. The Intracoastal Waterway is the Property's greatest asset and the existing development Boca Raton I Ft. Lauderdale I Las Vegas I Miami I Miami Beach I Naples I New York Orlando I Port St. Lucie I Tallahassee I Tampa I West Palm Beach 38710.0001 GM:28371316:1 Page 668 of 733 April 26, 2016 Page No. 2 turns its back to the Intracoastal and prohibits public access. It is natural that the proposed redevelopment is located such that it will provide the future residents and public visitors with the best views of the Intracoastal to help increase the viability of the residential component and enhance the quality of public space. This amenity will help attract new residents to the project and will activate a waterway that is currently the service area of the existing building. This will also allow residents across the waterway to view an active, pedestrian populated edge versus an inactive trash and loading area. The placement of the residential building will be compatible with the scale of buildings in the immediate vicinity by its placement on the site. Though taller, the project is separated from adjacent sites to minimize any potential impacts. To the north, the project is setback from the property line and is adjacent to the Woolbright Boulevard bridge. To the east, the nearest properties are across an approximate 400 foot wide waterway. In addition, the residential building design is stepped back to reduce the impact along the Intracoastal. To the south is an existing wetlands area and to the west the project is approximately 450 feet away from the right-of-way, Federal Highway. For the reasons described above, the proposed height exception would not adversely affect light and air; property values; the living conditions; or existing or proposed land uses in the area. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; Due to the positive aspects of the proposed development described above and the limited impact on adjacent properties, the proposed height exception would not be a deterrent to the development or improvement of adjacent properties. In fact, the proposed residential structure and the resulting future residents will help to support the struggling commercial tenants in the area provide demand for additional commercial uses, and contribute to property values and tax revenue to the City and its CRA, thereby adding to the funds available for development and improvement of adjacent and surrounding properties within the CRA. c. Whether the height exception would contribute to the architectural character and form of the proposed project; 38710.0001 GM:28371316:1 The height exception is requested for those building appurtenances and architectural features above the habitable areas in the building. These are decorative features that conceal stairwells and HVAC equipment. These decorative features help to add to the urban form and architectural character of the proposed project. Page 669 of 733 April 26, 2016 Page No. 3 d. Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; The project design, including the height exception, provides for not only an improved streetscape design along Federal Highway but also provides for an inviting pedestrian plaza and boardwalk along the Intracoastal Waterway. This plaza and boardwalk is not a requirement of the City Code but an enhancement added by the Applicant as a result of staff's request. Public access to the plaza will be provided to the plaza which results in a loss of development rights for the Applicant. However, the loss of the Applicant's development rights is outweighed by enhanced public access to the Intracoastal Waterway which is not provided on any other private property in the City. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; The project design and site plan incorporates a number of design elements that contribute to a sustainable development. The project adds a residential component to an existing commercial development located at a major intersection in the CRA. This horizontal mixed use development creates a project where residents can walk to a number of locations in the area that provide recreation and commercial opportunities. Parking spaces have been provided for alternative forms of transportation including bicycles, low - powered mopeds and scooters, motorcycles and electric vehicles. Green walls are incorporated into the building design for natural cooling and increased oxygen production. The height island impact of the Property will be reduced due to the addition of landscape materials and heat reflective materials. L Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and The proposed building is designed with a significant amount of architectural enhancements that provide visual interest. The color, materials and embellishments create additional cost for the development as well as aesthetic integrity. For these reasons, the additional height is not requested only to maximize the mass and visibility of the development. g. Whether sufficient evidence has been presented to justify the need for a height exception. 38710.0001 GM:28371316:1 The City has rigorous design standards that add considerable cost to building construction, especially in this case where the Applicant must account for the existing development on the Property. The Applicant has long term leases with several tenants which prevent the Applicant from demolishing all existing buildings on the Property and starting with a clear development site. In addition, the Applicant must maintain portions Page 670 of 733 April 26, 2016 Page No. 4 38710.0001 GM:28371316:1 of the existing parking field for the existing tenants. These factors necessitate that the residential development be constructed on only a portion of the site rather than being spread over the entire Property which adds to the height of the proposed residential building. The Applicant's architect has designed a building that accounts for these constraints but at the same time provides for a design that is contemporary and creates a sense of place for this Property. The design is one that will advance the CRA's redevelopment plans for the area and provide a number of public benefits for the City residents. Page 671 of 733 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Riverwalk Plaza File number: HTEX 16-002 Reference: 2nd review plans identified as a Maior Site Plan Modification with a December 1, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning, Major Site Plan Modification, and Community Design Plan Appeal. COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. Page 672 of 733 Riverwalk Plaza (HTEX 16-002) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Riverwalk Plaza\HTEX 16-002\COA.doc Page 673 of 733 02RM -J _ L40A L11 F-11=11091ff NNUKKaAM Shaul Rikman / Israrn Riverwalk, LLC WK11YA APPROVAL SOUGHT: Request for Height Exception approval to allow the stair towers and decorati architectural features of the Riverwalk Plaza mixed use project to constructed at 105 feet, 5 feet above the maximum allowable height of 1 feet in the MU -4 (Mixed Use -4) zoning district. I WOLIN 1 [0104 1 M 0 :1 0o] N THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED b. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: MIRM S:\Planning\SHARED\WP\PROJECTS\Riverwalk Plaza\HTEX 16-00200.doc Page 674 of 733 13. E. LEGAL 1/17/2017 REQUESTED ACTION BY COMMISSION: Approve request for Riverwalk Plaza Major Site Plan Modification (MSPM 16-002) for 326 multifamily units (rental apartments), 51,220 square feet of commercial space, public waterfront promenade and related site improvements on a 9.78 -acre parcel located at the southeast corner of South Federal Highway and Woolbright Road. Applicant: Shaul Rikman, Isram Riverwalk, LLC. ( TABLED TO JANUARY 17, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATEAS ACTION TAKEN ON THE CORRESPONDING REQUESTS FOR LAND USE AMENDMENTAND REZONING) EXPLANATION OF REQUEST: The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains the Wendy's Restaurant, Wells Fargo Bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch Restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The Major Site Plan Modification proposes the development of a mixed use project with 326 apartments and 51,220 square feet of commercial space including the Wendy's restaurant and a 41,970 sq. ft. multitenant building, but excludes the properties occupied by the Wells Fargo Bank and Prime Catch restaurant. The largest component of the development is a new residential structure located on the eastern portion of the site, adjacent to the Intracoastal Waterway. The building would contain two floors of parking, a small waterfront commercial space and eight floors of residential units totaling 697,347 sq. ft. with a first floor footprint of 131,492 sq. ft. The proposed commercial space frames the urban plaza proposed at the northeast corner of the building. This plaza acts as the entry point to the public waterfront promenade. A new 4,666 sq. ft. commercial building is proposed to front South Federal Highway which would provide a more urban streetscape and screen the corridor from an abutting parking lot. The building creates public active areas on both the north and south sides of the structure. These areas are directly accessible to pedestrians from the sidewalk and parking to the rear. There are shade structures throughout. There is an existing commercial building on the south-west portion of the site. As a part of this project, the existing drive- thru which is currently visible from South Federal Highway will be concealed with the addition of a porte cochere. This proposal will also allow for additional building frontage along Federal Highway in compliance with the build -to -line provisions of the Land Development Regulations. The building will also be renovated to be architecturally consistent with the new buildings. An integral component of mixed use developments are the public amenities they often provide. The proposed site plan contains several public areas including the creation of a waterfront promenade along the Intracoastal Waterway, an urban plaza at the entry point of the promenade, two small urban plazas fronting South Federal Highway, and the use of art throughout the site which helps define the public path leading from the right-of-way to the waterfront promenade. Staff supports the request subject to compliance with the remaining conditions of approval, and approval of all corresponding applications. The Land Use and Rezoning application (LUAR 16-003), Height Exception application (HTEX 16-002) and a Community Design Plan Appeal application (CDPA 16-002) are being processed concurrently. The Planning & Development Board reviewed this request at their December 27th meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A Page 675 of 733 ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Conditions of Approval D Development Order REVIEWERS: Department Planning & Zoning Description Staff Report Location Map Master Plan/Site Plan Landscape Plan Floor Plan (typical) Elevations (Residential) Elevations (New Commercial) Elevations (Renovations to E)dsting) Art Zones Conditions of Approval Development Order Reviewer Action Date Pyle, Judith Approved 1/4/2017 ® 2:22 PM Page 676 of 733 III V ililliilllliill , I I �� I gagi�i 14 Z k M !A.ff'MIJkI .rclm'l JtW 4 N 1j"I elivy -V MEMORANDUM NO. PZ 16-049 STAFF REPORT TO: Chair and Members Planning and Deve opment or THRU: Michael of Planning and Zoning Director FROM: Amanda Bassiely Senior Planner - Urban Designer DATE: December 15, 2016 '-ROJECT: Riverwalk Pla.-v MSPM 16-002 REQUEST: Approve the Riverwalk Plaza Major Site Plan Modification for a mixed use development of 326 apartments and 51,220 square feet of commercial space. Applicant: Shaul Rikman/ Isram Riverwalk, LLC Agent: Steven S. Wherry/ Greenspoon Marder, P.A. �-ocation: 1532 South Federal Highway (Exhibit "A"'I Existing Land Use/ Zoning: Local Retail Commercial (LRC)/C-3 (Community Commercial District) Proposed Land Use/ Zoning: Mixed Use Core (MX-C)/MU-4 (Mixed Use 4 District) Acreage: 9.78 acres Adjacent Uses: North: Right-of-way for Woolbright Road and farther north, a developers Page 677 of 733 Page 2 Riverwalk VAQ11 commercial property (PNC bank) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); at the northeast, developed multifamily residential property (Bermuda Cay), classified High Density Residential (HDR) and zoned R-3, Multifamily Residential; South: Undeveloped properties classified High Density Residential (HDR) with the Conservation Overlay designation and zoned R-3, Multifamily Residential; at the southwest, developed commercial property (McDonalds) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); Right-of-way for the Intracoastal Waterway; farth- •- ••-• developed residential properties in the Town of Ocean Ridge; West: Right-of-way for South Federal Highway; farther west, developed commecial property (Sunshine Square), classified Local Retai; Commercial (LRC) and zoned C-3 (Community Commercial). Owners of properties located within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. I -, us] The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains a Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch restaurant and a large vacant "big box" building formerly occupied by Winn Dixie grocery store. The recently approved, Boynton Beach Community Redevelopment Plan recommends 'the establishement of a new Mixed -Use Zoning District, MU -4. The staff -initiated code review which creates MU -4 has been completed and is pending approval. The Land Use and Rezoning application (LUAR 16-003), Height Exception application (HTEX 16- 002) and a Community Design Appeal application (CDPA 16-002) are being processed concurrently. [a -.To] The Major Site Plan Modification proposes the development of a mixed use project with 326 apartments and 51,220 square feet of commercial space, including the Wendy's restaurant and a 41,970 sq. ft. multitenant building, but excludes the properties occupied by the Wells Fargo Bank and Prime Catch restaurant. Page 678 of 733 Page 3 Riverwalk MSPM 16-003 E 0 z r-111 I Traffic: A traffic statement was sent to the Palm Beach County Traffic Engineering Division for concurrency review. The Palm Beach County Traffic Engeering Division determined that the proposed redevelopment project is located within the Coastal Residential Exception Area (CREA), and that it meets the Traffic Performance Standards. Compared to the traffic generated from the existing shopping center (with an active big -box grocery tenant, the project would reduce daily trips by 213, while generating 118 more AM peak hour trips and 11 fewer PM peak hour trips. This analysis includes the Prime Catch and Wells Fargo businesses. School: The applicant submitted a request for a School Capacity Availability Determination to the School District of Palm Beach County, who determined capacity is available for the project. Itilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been confirmed through the issuance of an annual certificate of availability by Palm Beach County Solid Waste Authority. -,,Iolice/Fire: The Police Department and Fire Department note they will be able to - provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit stage. Drainage: Conceptual drainage information was provided for the City's review. The. Engineering Division has found the conceptual information to be adequatit and is recommending that the review of specific drainage solutions b,-. deferred until time of permit review. All South Florida Water Managemen'i District permits and other drainage related permits must be submitted a) time of building permit. Access: As depicted on the Master Plan (Sheet AS -101), the site is proposed to have four access points, two, two-way driveways on Woolbright Road and two, two-way driveways on South Federal Highway. The proposed driveways provide adequate circulation through the site for residents, patrons, emergency services and waste removal. Parking: According to Chapter 4, Article V, Section 3.G, Parking Reduction for Sustainability, the proposed site plan requires a total of 776 parking spaces, including 212 spaces for the commercial uses, 515 residential spaces, and 49 guest parking spaces. The project provides a total of 778 Page 679 of 733 Page 4 Riverwalk parking spaces, including 578 spaces in the garage and 200 surface spaces. In order to qualify for the Parking Reductions for Sustainability, there are several criteria that need to be met involving, in part, efficient parking design, the heat island effect, and operational programs for sustainability. These parking requirements allow a certain amount of motorcycle and scooter spaces to count towards the total parking requirement, and requires electric vehicle charging stations, additional green spaces, pedestrian connectivity and a parking contingency plan. This site plan proposes to increase the existing pervious space from 25,457 sq. ft. to 44,919 sq. ft., and provides 29 motorcycle parking spaces, nine (9) covered bicycle spaces, nine (9) electrical vehicle charging stations, and nine (9) fuel efficient car parking spaces. The project also proposes a two-part contingency parking plan if additional parking is needed. The contingency plan would change the garage from self -parking to a 100% valet parking operation, thereby allowing tandem parking spaces to be utilized which provides an additional 89 parking spaces within the garage. Also, an additional parking area would be constructed over the existing commercial building providing 122 parking qpaces. The valet parking operation combined with the additional parking Oructure would fulfill the standard parking requirements. a ZTM ra NEVOTEMMEN 0 The Proposed Landscape Plan (Sheet L-100) proposes a total of 252 canopy and palm trees, 11,247 shrubs, and 7,643 sq. ft. of groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: High Rise Live Oak, Gumbo Limbo, Orange Geiger, Crape Myrtle and Autograph Trees. Palm species would include Royal Palms, d Date Palms and Paurotis Palms. This site plan proposes to increase the existing pervious space from 25,457 sq. ft. to 44,919 sq. ft. These areas include additional fifteen (15) foot wide islands in parking areas, landscaping between head-to-head parking rows, and lining the entry roadways with eight (8) foot wide landscaped areas. Other substantial green areas are located in front of the proposed buildings on South Federal Highway and along the Intracoastal promenade. Buildings: The project site totals 426,257 square feet or 9.78 acres, with street rights- of-way on north and west sides of the property, and the Intracoasta' M Page 680 of 733 Page 5 Riverwalk Waterway as the eastern boundary. The proposed mixed use development is comprised of four different structures including a new residential building with an integrated parking structure and waterfront commercial space, a new commercial building, a renovated commercial building and an existing ••• building. The largest component of the development is a new residential structure located on the eastern portion of the site, adjacent to the Intracoastal Waterway. The building would contain two floors of parking, a small waterfront commercial space and eight floors of residential units totaling 697,347 • ft. with a first floor footprint of • sq. ft. The proposed commercial space frames the urban plaza placed at the northeast corner of the building. This plaza acts as the entry point to the public water -font promenade. A new 4,666 sq. ft. commercial building is proposed to front South Federa' • which would provide a • urban streetscape and screen thit corridor from existing parking fields. The building creates public active areas on both the north and south sides of the structure. These areas art directly accessible to pedestrians from the sidewalk and parking to the rear. There are shade structures throughout. There is an existing commercial building on the south-west portion of the site. As a part of this project, the existing drive-thru which is currently visible from South Federal Highway will be concealed with the addition of a porte cochere. This proposal will also allow for additional building frontage along Federal Highway in compliance with the build -to -line provisions of the Land Development Regulations. The building will also be renovated to be architecturally consistent with the new buildings. The existing ••• building is located • 11•! remain. This application does not include modifications to the structure; however the applicant has stated that a separate application will be filled in order to renovate the fagade of the building. Height: The two proposed buildings that front • -•- Highway are • restaurant and measure thirty feet in height. The existing building occupied • the fast-food structure which fronts Woolbright Road measures approximately eighteen feet in height. The new residential structure is proposed to •- ten stories and measures a total of 105 feet. The roof deck is currently proposed at 95 feet, with the top of the parapet at 100 feet, and the top • the stair tower, which is the tallest portion • the structure, at 105 feet. The maximum height permitted in a MU -4 zoning • is 100 feet. In order to allow addition height that is •- for screening • architectural design a Height Exception must •- approved. Please see corresponding .•• (HTEX 16-002). il Page 681 of 733 Page 6 Riverwalk lyh;� "M 'I Design: The proposed buildings are designed in a modern style with the use of grey tones, glazing, wood accents, and the selective use of vivid colors. The buildings have parapet roofs with tower elements and modulated facades. The residential building predominantly has clear float glass for the balconies. Green walls and wooden trellises are used on the lower level of the building to add shade and interest. The use of patterns on the site materials help distinguish pedestrian areas from vehicular areas and also work to lead the pedestrians to the proposed public spaces. Setbacks: Currently the Land Development Regulations require Urban Mixed Use zoning districts to have a build -to -line of zero to fifteen feet, with specific permitted exceptions. However, the Boynton Beach Redevelopment Plan outlines recommendations which add the requirement of a "pedestrian zone". The pedestrian zone consists of a minimum of an 8 foot sidewalk and an 8 foot active area. There are two proposed buildings that front South Federal Highway. The new commercial building has a setback of two feet and seven inches. The building placement accommodates the active area requirement by creating two urban plazas on either side of the structure. The urban plazas are adjacent to the sidewalk, contain shade structures and may accommodate outdoor dining and/or display space for the future tenants. The existing commercial structure is proposed to have an addition of a portechere with a setback of zero feet to approximately fifteen feet. The residential building is proposed to have a setback of approximately 415 feet from South Federal Highway and 139 feet from Woolbright Road. An application for Community Design Appeal (16-002) has been filed for the residential building, as the setback from Woolbright Road exceeds the requirement of a zero to fifteen foot build -to -line. The residential building is proposed to have a setback from the Intracoastal Waterway that ranges from 14'9" to 453". Amenities: An integral component of mixed use developments are the public amenities it provides. The proposed site plan contains several public areas including the creation of a waterfront promenade along the Intracoastal, an urban plaza at the entry point of the promenade, two urban plazas fronting South Federal Highway, and the use of art throughout the site which helps define the public path from the right-of- way to the waterfront boardwalk. The proposed residential building also houses the private amenities for its residents. The amenities deck is located on top of the second floor of the building and includes a swimming pool, sun deck, gardens, trellises, and seating areas. 9 Page 682 of 733 Page 7 Riverwalk • —lighting: The photometric plan (Sheet AS -905) proposes the use of twenty-nine (29) pole mounted LED light fixtures on 25 foot tall concrete poles in parking areas. Additionally, forty-nine (49) ceiling mounted fixtures will be used throughout the garage and twenty-six (26) wall mounted fixtures are proposed at twelve (12) feet in height on the fagades of the buildings. The lighting levels depicted are in compliance with the code maximum of 5.9 foot-candle spot readings. Slignage: The proposed monument sign is designed to match the character and color of the buildings within the mixed use project. It is proposed to be located at the northernmost entrance on South Federal Highway. Dimensions and details of all signage will be submitted with a sign plan at the time of permitting. Art: The public art portion of the project is comprised of four distinct "art zones". This first art zone would use glass and light art installations and is located along Federal Highway and through the spine of the site. The second art zone is a kinetic wall that would be installed along the southern fagade of the residential building. The third zone would be comprised of water and kinetic sculptures which will be used along the Intracoastal Waterway (eastern fagade). The last art zone is a green wall that is proposed along the north fagade of the residential building and along the pedestrian walkway from Woolbright Road to the public plaza and promenade. The Arts Commission will be responsible for review and approval of the ultimate pieces, which is all in fulfillment of the City's Art in Public Places program requirements for the proposed development. As indicated herein, staff has reviewed the proposed Major Site Plan Modification and determined that it is consistent with the Land Development Regulations. Staff's recommendation for the approval of the subject request is contingent on the approval of ihe three concurent requests and satisfying all conditions of approval. S:NPlanning\SHARED\WP\PROJECTS\Riverwalk File Folder\Riverwalk MSPM 16-002\STAFF REPORTMIRM 16-002 RIVERWALK—StafflReport.dou 7 Page 683 of 733 Exhibit A: Location Map A 0 65130 260 390 520 Feet Page 684 of 733 lo Exhibit B1: Master Plan Z mi HHaNa :3 Hw4zo o z aopoN CD � e (D � y � zoo-om v➢� � Q � =N w ; o � = w v�- w� Q s o u'i�R �p pra o33< lo w Z mi HHaNa :3 Hw4zo o z aopoN � e (D � y � zoo-om v➢� � Q � =N w ; o � = w lo w Z i I J w Z J s o u'i�R �p pra o33< z a � - a a aaa a pada a --m mmmm r€9 az g - o_ o - - H z O a< o � ao yyp000 �pa> Unm og=� z g w o e >w-u =000,p��o =op�oa e e oLL��oo �_. 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WON l OR Mmw lPl 1 I II no�)+,` 1 ill IS �IION I Il�l�rt+ Nil F1 NO I Fill 1 £r ,i ` ro IIIII�III� III IIII�� III�NIN�I IIIIIWII� UVI�I� IIIIIIII�II �'I MVI ■ ' u � �' ou�ii:� li�l10 IIIII�I IIIIIIIw IlUllli IIID IIIIIIIIw Illlllllliiii �I II � 1� �� olon � �� uiullliui� El � � '� �� 1 I� r "'I"'M 91Y��i Illllllli� ILII €� !l{ iguNu �i ml mui o�� iiiu IIII � Iqf t tr »tt srr nt�uu t Itl l �# CtfESkU� � cif IIII s ! ■ ■ • ■ ■ _ , �(9ll01111iii IOtrrr; QQQ({t ,_q{ttHttti �Illlllllllllll. ¢i1111111M4J! sit 't , ■ t a CD moa 3g e �4 oO � u CD f` O $ ose H 3 LLm � Q O � Exhibit B5: Art Zones (14 00 os om H g 3 os^ EXHIBIT "C" Conditions of Approval Project Name: Riverwalk Plaza File number: MSPM 16-002 Reference: 6th review of plans identified as a Maior Site Plan Modification with a November 4 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Developer will be responsible to upgrade street lighting adjacent to property along Federal Highway and Woolbright Road to meet current code requirements- at time of permit 2. Pedestrian access shall be provided from the proposed contingency parking on top of existing retail building to the proposed residential building? As residents will be more likely to walk across ramp to elevator on 2nd floor of garage. There needs to be a safe haven for pedestrians which will also need to include ADA accessible route. 3. Disabled parking spaces shall be evenly dispersed throughout the parking structure. (i.e. split between elevator locations on 2nd floor). 4. All disabled parking spaces must be located on an accessible route at least 44 inches wide so that users are not completed to walk or wheel behind parked vehicles except behind his or her own vehicle. (i.e. space adjacent to the main lobby and elevator 2nd floor). 5. No certificate of occupancy will be issued for phase I until phase II and III are completed or surety/guarantee is provided to ensure completion of any remaining phases. 6. Sheet AS -101.3 construction staging plan needs to be revised to reflect proper phasing, as plans shows construction entrances and parking for Walgreens with the proposed layout which will not be constructed as part of phase I and constructed as phase III. 7. Phasing drawings are including proposed improvements at Woolbright entrance as existing and not taking into making these improvements as part of the phasing. (i.e. alignment of new driveways). Also shows Wendy's as not included which is not accurate as improvements are proposed as part of the project. Also parking adjacent to prime catch on north side of residential building not included in phasing — Phasing can be handled at time of permit. Page 694 of 733 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Paae 2 of 6 DEPARTMENTS I INCLUDE REJECT 8. Address the following comments on the proposed address plan at time of permit: • Address plan indicates in tabular data a unit 101 for address 1622 South Federal Highway, but not shown on plan views. • Recommend changing retail space addressed as 1622 South Federal Highway to a unit number for 1620 South Federal Highway. This will make retail easier to locate. 9. At time of permitting schedule a meeting with the Utilities Department in advance of preparing a Stormwater Utility Fee Calculation Sheet. Please indicate impervious areas for all non- residential uses and common areas. 10. Sheet AS -111 shows access to public boardwalk from garage, but access is obstructed by proposed motorcycle parking. 11. Existing force main were proposed lift station ties into discharges into existing gravity sewer, existing force main connection to gravity will not be allowed to continue. Existing force main must be rerouted to connect to a force main. 12. Proposed elevator on sheet AS -103B for contingency parking shall be located on the shortest accessible route to residential building. Currently access is to rear of dumpster, recommend elevator is relocated to east or north elevation. 13. Trash enclosure for prime catch shall have a minimum of 10' clear for each dumpster from interior of wall across front for access. Please note also for Wendy's dumpster enclosure. 14. Provide cross access easement to property located to south at southern most entrance at Federal Highway. Easement shall be from Federal Highway ROW line to just east of existing Walgreens building to southern property line. FIRE Comments: 15. Please provide the type of construction of any existing retail buildings proposed for renovation / alteration / additions, and for the new retail building proposed fronting Federal Highway. Page 695 of 733 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Paae 3 of 6 DEPARTMENTS I INCLUDE REJECT 16. Please provide a flow test conducted by Boynton Beach Fire & Life Safety (2080 High Ridge Road, Boynton Beach; 561-742-6600). Provide fire flow calculations in accordance with the 2012 edition of NFPA 1, chapter 18. The Flow test did not yield 3000Gpm at 20Psi. Revise utilities and/or increase water main sizes to comply. 17. Please revise Sheets C-3 and AS -101 to correspond and clearly depict the location of the fire pump, fire backflow, and associated utility lines POLICE Comments: Comments addressed at DART Meeting held on 3/29/16. BUILDING DIVISION Comments: Building comments have been acknowledged by the applicant and will be addressed at time of permitting. PARKS AND RECREATION Comments: 18. Per City Ordinance, the Park Impact Fee is $193,970 (326 apartments X $595.00). PLANNING AND ZONING Comments: 19. If unable to work within the sign criteria for non -conforming signs, the sign code allows a maximum monument sign of 64 square feet and 6 feet in height for the primary sign (Federal Highway) and secondary sign (Woolbright Road) under the Mixed Use regulations. The address shall be placed centered at the top of the sign, with the development name immediately underneath. Signs, as shown, also appear to be within the 10 foot setback from any property line. 20. A sign program for the retail center and residential building is required prior to issuance of a building permit. Page 696 of 733 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Paae 4 of 6 DEPARTMENTS I INCLUDE REJECT 21. Provide estimated tree canopy coverage (percent of parking area and drive aisles) at time of tree maturity. Include matching representation as part of the "Proposed Pervious with Trees" illustration on page AS -101.213. Generally we are looking for something close to 50% as the target coverage. The plan still lacks estimates for tree canopy coverage including before and % at maturity. 22. On Sheets AS -101.2A & 2B : The two totals for "PROPOSED PERVIOUS AREA" differs on each sheet. Please revise. 23. A Declaration of Restrictive Covenant will need to be executed in order to approve the proposed contingency parking plan. The Agreement will have to outline the triggers which initiate 100% valet parking operations and the construction of the additional parking structure. The agreements must be recorded prior to issuance of building permits. 24. Walgreens elevation: If the stairs are going to be external as proposed, then they must be screened from view from the right -of way. 25. Provide a narrative explaining how parking will be monitored to ensure residents are not parking in guest and retail parking spaces. 26. On Sheet AS -101.2A — Under "E. Efficiency in Parking Design", the evidence stated is not part of the standard design for the project but would only apply if the contingency plan went into effect. Please revise. 27. The site plan and the landscape plans do not match. Please correct for consistency and accuracy. 28. Please provide direct pedestrian access from the garage into the public plaza / boardwalk. The entry should act as the primary public exit/entry and should be designed as such. Use double door, arch ways and/or signage to mark the access point. 29. Staff has continually asked for the boardwalk and plaza area to include a central focal point/ gathering space. To achieve this, please address the following: all planters should be a max of 2' in height in order to act as seating. Create a clear, shaded, space to extend the plaza at the corner towards the south. 30. There are discrepancies between plans, elevations and floor plans. Please review and ensure all plans are consistent. Page 697 of 733 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Paae 5 of 6 DEPARTMENTS I INCLUDE REJECT 31. On Sheet AS -10313, the stair landing on the SW corner of Walgreens should connect to a sidewalk and be protected from traffic by a landscape island. 32. On Sheet AS -108, the footprint of the retail space at the NE corner of the garage has been reduced to accommodate the pedestrian connection from the garage to the plaza, however the square footage on the plan and in the tabular data appears unchanged. 33. On Sheet AS -906, the lighting levels of the parking area above Walgreens seem to have been revised to meet the code maximum of 5.9 foot-candles. However, the lighting schedules have not been revised to reflect changes to poles or fixtures, please correct. 34. On Sheet AS -906, the light poles and fixture height proposed for the parking area above Walgreens should be reduced and the pole locations moved to the center island of the parking to reduce the visibility of the fixtures from off site. If poles are still visible when relocated, staff suggests the use of bollards in lieu of poles. 35. Three motorcycle parking spaces have been relocated to the north-west portion of the garage. This relocation is in conflict with a pedestrian walkway. Please relocate the motorcycle space. COMMUNITY REDEVELOPMENT AGENCY Comments: 36. Prior to permitting, the Intracoastal Promenade shall have an easement recorded in the public records reflecting that it is a permanent public access area. Indicate this on the plans. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Riverwalk File Folder\Riverwalk MSPM 16-002\DART COMMENTS\DART comments (6th Review).doc Page 698 of 733 Riverwalk Plaza (MSPM 16-002) Conditions of Approval Page 6 of 6 Page 699 of 733 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Riverwalk Plaza (MSPM 16-002) APPLICANT: Shaul Rikman/ Isram Riverwalk, LLC APPLICANT'S ADDRESS: 506 South Dixie Highway, Hallandale, FL 33009 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 17, 2017 APPROVAL SOUGHT: Request for Major Site Plan Modification 326 multifamily units (rental apartments) and 51,220 square feet of commercial space on a 9.78 -acre parcel located at the southeast corner of South Federal Highway and Woolbright Road. LOCATION OF PROPERTY: 1532 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistentwith the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk C:\Users\ParkerA\Desktop\riverwalk\STAFF REPORT\Site Plan\MSPM Riverw alk Raza 16-002 DO.doc Page 700 of 733 13.F. LEGAL 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-025 - SECOND READING - Adoption of an Ordinance establishing a Moratorium for a period from December 6, 2016, to June 4, 2017 regarding group homes. EXPLANATION OF REQUEST. On December 6, 2016 the City Commission initiated Zoning In Progress to prohibit the processing of applications for group homes and issuance of any licenses, business tax receipts, development orders or permits related to same. The proposed moratorium provides an alternate and more formal means of prohibiting group homes during the study period. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The review of applications for group homes during the study period will be abated. FISCAL IMPACT. Potential lost revenue, collection of fees for licenses, permitting and business tax receipts during moratorium period. ALTERNATIVES: Not adopt moratorium or modify the scope and study period of moratorium. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Page 701 of 733 REVIEWERS: Department Reviewer Action Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date [WIMAITMWOKIMM Page 702 of 733 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 ORDINANCE 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A MORATORIUM ON THE PROCESSING, APPROVAL OR ISSUANCE OF ANY NEW LICENSES, BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS, CERTIFICATES OF USE OR PERMITS FOR GROUP HOMES IN THE JURISDICTIONAL BOUNDARIES OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 10, 2016 the United States Departments of Justice and Housing and Urban Development Released Updated Fair Housing Act Guidance on State and Local Land Use Laws related to group housing; and WHEREAS, on December 6, 2016 the City Commission adopted Resolution R16-164 which incorporated City Notice of Intent 2016-02 declaring the commencement of a study period related to City zoning and use regulations concerning group homes; and WHEREAS, the City Commission conducted a Public Hearing on December 19, 2016 regarding the purpose and scope of Notice of Intent 2016-02; and WHEREAS, the City Commission found it in the public interest to clarify the scope and effect of Notice of Intent 2016-02 and the Zoning In Progress that corresponds to the study period, and adopted Resolution R16-165 reelecting those points of clarification; and WHEREAS, based upon the facts and opinions expressed during the public hearing referenced above and recommendations from City Administration and City Attorney, the City Commission deems it necessary and to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach, to establish a moratorium on the processing and issuance of any licenses, business tax receipt, development orders, certificates of use or permits for a group home within the City of Boynton Beach, Florida until June 4, 2017; t00163192.1 306-9001821} Page 1 of 5 Page 703 of 733 30 and, 31 WHEREAS, the Commission deems it in the best interest of the City and its residents to 32 undertake during the moratorium the review and revision of the zoning and use regulations as 33 they relate to group housing within the City of Boynton Beach to find the proper means of 34 protecting the legal rights of group home occupants while preserving the integrity of the City's 35 zoning plan; and, 36 WHEREAS, the Commission has legal authority to initiate the review process by 37 declaration of a moratorium; and, 38 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 39 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the 40 public health, safety and welfare of its citizens and has the power and authority to enact 41 regulations for valid governmental purposes that are not inconsistent with general or special law; 42 and, 43 WHEREAS, the public health, safety and welfare is a legitimate public purpose 44 recognized by the courts of the State of Florida. 45 WHEREAS, based upon the above facts, the City Commission deems it necessary and 46 to be in the best interests of the health, safety, and welfare of the citizens and residents of the 47 City, to impose a moratorium on the processing and approval of any new applications for a group 48 home or the issuance of any new licenses, business tax receipts, development orders, certificates 49 of use or permits for uses that involve the group homes until June 4, 2017. 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY CON NHSSION OF 51 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 52 53 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 54 being true and correct and are hereby made a specific part of this Ordinance. These clauses {00163192.1 306-9001821} Page 2 of 5 Page 704 of 733 55 represent the legislative findings of the City Commission. It is the purpose and intent of this 56 Ordinance to promote the health, safety and welfare of the residents and citizens of the City of 57 Boynton Beach. 58 Section 2. The City Commission hereby declares a moratorium which shall run from 59 the commencement of the City's declaration of Zoning In Progress (December 6, 2016) to June 60 4, 2017 during such time the City will suspend the processing or approval of any applications or 61 the issuance of any new licenses, business tax receipts, development orders, certificates of use or 62 permits for group homes. The moratorium may be extended by the City Commission by 63 subsequent ordinance should additional time be needed by the City for the adoption of 64 appropriate land development regulations. Nothing herein shall be interpreted or applied to 65 prohibit the submission of or review of an application for reasonable accommodation during the 66 moratorium period. 67 GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT 68 REGULATIONS (LDR) 69 70 A. Revisions to land use, zoning and life -safety requirements applicable to group homes 71 that do not constitute intentional or de facto discrimination against prospective 72 occupants of group homes. 73 B. Modification of the City's reasonable accommodation procedures. 74 C. Clarification of per occupant caps related to residential occupancy regulations. 75 D. Inclusion of spacing or dispersal regulations related to group homes. 76 E. Modification of proposed chronic nuisance regulations to group homes. 77 78 During the Moratorium, the City will evaluate revisions to: 79 Land Development Regulation Chapter 3, Articles II, III, IV, V 80 Land Development Regulation Chapter 3, Section 3, Use Regulations, 81 Land Development Regulation Chapter 3, Section 3-D, Use Matrix 82 83 Additional Sections of the Land Development Regulations may be included as the study 84 progresses. 85 t00163192.1 306-9001821} Page 3 of 5 Page 705 of 733 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 Section 3. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 4. All Ordinances or parts of Ordinances, Resolutions or part of Resolutions in conflict herewith are to the extent of such conflicts hereby repealed. Section 5. This Ordinance shall take effect immediately upon its passage. FIRST READING this day of , 2017. SECOND, FINAL READING AND PASSAGE this day of 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk t00163192.1 306-9001821} Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello Page 4 of 5 VOTE YES NO Page 706 of 733 124 125 (Corporate Seal) 126 127 t00163192.1 306-9001821} Page 5 of 5 Page 707 of 733 13.G. LEGAL 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-003 - SECOND READING - Approve Ordinance prohibiting "Conversion Therapy". EXPLANATION OF REQUEST: At the request of the City Commission an Ordinance which mirrors the Ordinance adopted by the City of West Palm Beach. The purpose of the ordinance is to protect vulnerable youth from a discredited practice known as conversion therapy which is premised on the erroneous assumption that gay, lesbian, bisexual and transgender identities are mental disorders that can be cured through aversion treatment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. None ALTERNATIVES: Not adopt the ordinance or revise the ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Proposed Ordinance prohibiting Conversion Therapy on minors Memo from Palm Beach County Human Rights Page 708 of 733 D Memo Council to Mayor and Commission regarding Prohibiting Conversion Therapy counseling REVIEWERS: Department Reviewer Action Date Legal Swanson, Lynn Approved 12/21/2016 ® 2:17 PM Finance Howard, Tim Approved 12/22/2016 ® 11:06 AM City Manager Howard, Tim Approved 12/22/2016 ® 11:06 AM Page 709 of 733 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, "OFFENSES - MISCELLANEOUS" OF THE CODE OF ORDINANCES, BY CREATING A NEW ARTICLE XIII, TO PROHIBIT THE PRACTICE OF CONVERSION THERAPY ON MINORS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, as recognized by major professional associations of mental health practitioners and researchers in the United States and elsewhere for nearly 40 years, being lesbian, gay, bisexual, transgender or gender nonconforming, or questioning (LGBT or LGBTQ) is not a mental disease, disorder or illness, deficiency or shortcoming; and WHEREAS, the American Academy of Pediatrics in 1993 published an article in its Journal, stating: "Therapy directed at specifically changing sexual orientation is contraindicated, since it can provoke guilt and anxiety while having little or no potential for achieving changes in orientation;" I and WHEREAS, the American Psychiatric Association in December 1998 published its opposition to any psychiatric treatment, including reparative or conversion therapy, which therapy regime is based upon the assumption that homosexuality is a mental disorder per se or that a patient should change his or her homosexual orientation;2 and WHEREAS, the American Psychological Association's Task Force on Appropriate Therapeutic Responses to Sexual Orientation ("APA Task Force") conducted a systematic review of peer-reviewed journal literature on sexual orientation change efforts ("SOCE"), and issued its report in 2009, citing research that sexual orientation change efforts can pose critical health risks to lesbian, gay, and bisexual people, including confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, disappointment, self -blame, decreased self-esteem and authenticity to others, increased self - hatred, hostility and blame toward parents, feelings of anger and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional intimacy, sexual dysfunction, high-risk sexual behaviors, a feeling of being dehumanized and untrue to self, a loss of faith, and a sense of having wasted time and resources;3 and WHEREAS, following the report issued by the APA Task Force, the American Psychological Association in 2009 issued a resolution on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts, advising parents, guardians, young people, and their families to avoid sexual orientation change efforts that portray homosexuality as a ' hqp://pediatrics.aappublications.org/content/pediatrics/92/4/631.full.pdf 2 hgps://www.camft.org/ias/images/PDFs/SOCE/APA Position_Statement.pdf s hgps://www.apa.org/pi/Igbt/resources/therapeutic-response.pdf 1 Page 710 of 733 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 79 80 81 mental illness or developmental disorder and to seek psychotherapy, social support, and educational services that provide accurate information on sexual orientation and sexuality, increase family and school support, and reduce rejection of sexual minority youth;4 and WHEREAS, the American Psychoanalytic Association in June 2012 issued a position statement on conversion therapy efforts, articulating that "As with any societal prejudice, bias against individuals based on actual or perceived sexual orientation, gender identity or gender expression negatively affects mental health, contributing to an enduring sense of stigma and pervasive self-criticism through the internalization of such prejudice" and that psychoanalytic technique "does not encompass purposeful attempts to `convert,' `repair,' change or shift an individual's sexual orientation, gender identity or gender expression," such efforts being inapposite to "fundamental principles of psychoanalytic treatment and often result in substantial psychological pain by reinforcing damaging internalized attitudes;i5 and WHEREAS, the American Academy of Child & Adolescent Psychiatry in 2012 published an article in its Journal stating that clinicians should be aware that there is "no evidence that sexual orientation can be altered through therapy and that attempts to do so may be harmful;" that there is "no medically valid basis for attempting to prevent homosexuality, which is not an illness;" and that such efforts may encourage family rejection and undermine self-esteem, connectedness and caring, important protective factors against suicidal ideation and attempts; and that, for similar reasons cumulatively stated above, carrying the risk of significant harm, SOCE is contraindicated 6 ; and WHEREAS, the Pan American Health Organization, a regional office of the World Health Organization, issued a statement in 2012 stating: "`These supposed conversion therapies constitute a violation of the ethical principles of health care and violate human rights that are protected by international and regional agreements."' The organization also noted that conversion therapies "lack medical justification and represent a serious threat to the health and well-being of affected people; "7 and WHEREAS, in 2014 the American School Counselor Association issued a position statement that states: "It is not the role of the professional school counselor to attempt to change a student's sexual orientation or gender identity. Professional school counselors do not support efforts by licensed mental health professionals to change a student's sexual orientation or gender as these practices have been proven ineffective and harmful;"8 and WHEREAS, a 2015 report of the Substance Abuse and Mental Health Services Administration, a division of the U.S. Department of Health and Human Services, "Ending Conversion Therapy: Supporting and Affirming LGBTQ Youth" further reiterates based on 4hgp://www.apa.or /ag bout/policy/sexual-orientation.pdf 5htip://www.apsa.org/content/2012-position-statement-attempts-change-sexual-orientation-gender-identi. -or- eg nder 6 hqp://www.i aacap.com/article/S0890-8567(12)00500-2/pdf 'htip://www.paho.org/hq/index.php?option=com_content&view=article&id=6803%3A2012-therapies-change- sexual-orientation-lack-medical-justification-threaten-health&catid=740%3Apress- releases&Itemid=1926&lang=en s https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_LGBTQ.pdf C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.1.Conversion_Therap _-_Ordinance.Doc; C--�43Fdma e a easeuaa'19te g� Cer inn+ �: 2 Page 711 of 733 82 scientific literature that conversion therapy efforts to change an individual's sexual 83 orientation, gender identity, or gender expression is a practice not supported by credible 84 evidence and has been disavowed by behavioral health experts and associations, perpetuates 85 outdated views of gender roles and identities, negative stereotypes, stating, importantly, that 86 such therapy may put young people at risk of serious harm, and recognizing that, same -gender 87 sexual orientation (including identity, behavior, and attraction) is part of the normal spectrum 88 of human diversity and does not constitute a mental disorder;9 and 89 90 WHEREAS, the American College of Physicians wrote a position paper in 2015 91 opposing the use of "conversion," "reorientation," or "reparative" therapy for the treatment of 92 LGBT persons, stating that "[a]vailable research does not support the use of reparative 93 therapy as an effective method in the treatment of LGBT persons. Evidence shows that the 94 practice may actually cause emotional or physical harm to LGBT individuals, particularly 95 adolescents or young persons;" 10 and 96 97 WHEREAS, at least one federal appeals court" found that a prohibition of SOCE 98 does not violate first amendment rights and noted that the subject ordinance only required 99 mental health providers who wish to engage in practices that seek to change a minor's sexual 100 orientation either to wait until the minor turns 18 or be subject to professional discipline, 101 leaving mental health providers free to discuss or recommend treatment and to express their 102 views on any topic; and 103 104 WHEREAS, the City does not intend to prevent mental health providers from 105 speaking to the public about SOCE; expressing their views to patients; recommending SOCE 106 to patients; administering SOCE to any person who is 18 years of age or older; or referring 107 minors to unlicensed counselors, such as religious leaders. This ordinance does not prevent 108 unlicensed providers, such as religious leaders, from administering SOCE to children or 109 adults; nor does it prevent minors from seeking SOCE from mental health providers in other 110 political subdivisions or states outside of the City of Boynton Beach, Florida; and 111 112 WHEREAS, City of Boynton Beach has a compelling interest in protecting the 113 physical and psychological well-being of minors, including but not limited to lesbian, gay, 114 bisexual, transgender and questioning youth, and in protecting its minors against exposure to 115 serious harms caused by sexual orientation and gender identity change efforts; and 116 117 WHEREAS, the City Commission hereby finds the overwhelming research 118 demonstrating that sexual orientation and gender identity change efforts can pose critical 119 health risks to lesbian, gay, bisexual, transgender or questioning persons, and that being 120 lesbian, gay, bisexual, transgender or questioning is not a mental disease, mental disorder, 121 mental illness, deficiency, or shortcoming; and 122 123 WHEREAS, the City Commission finds minors receiving treatment from licensed 124 therapists in the City of Boynton Beach, FL who may be subject to conversion or reparative 9 hqp:Hstore.samhsa.gov/shin/content/SMA15-4928/SMA15-4928.pd 10 htip:Hannals.org/article.aspx?articleid=2292051 11 Pickup v. Brown, 740 Fad 1208 (9t' Cir. 2014) C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.1.Conversion_Therap _-_Ordinance.Doc; C--�43Fdma e a easeuaa'19te g� Cer inn+ �: 3 Page 712 of 733 125 therapy are not effectively protected by other means, including, but not limited to, other state 126 statutes, local ordinances, or federal legislation; and 127 WHEREAS, the City Commission desires to prohibit, within the geographic 128 boundaries of the City, the practice of sexual orientation or gender identity change efforts on 129 minors by licensed therapists only, including reparative and/or conversion therapy, which 130 have been demonstrated to be harmful to the physical and psychological well-being of 131 lesbian, gay, bisexual, transgender and questioning persons. 132 133 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 134 THE CITY OF BOYNTON BEACH, THAT: 135 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 136 herein by this reference. 137 138 Section 2. That Chapter 15, is hereby amended by creating a new Article X111, 139 entitled Prohibition of Conversion Therapy on Minors, to read as follows: 140 141 142 ARTICLE XII: PROHIBITION OF CONVERSION THERAPY ON MINORS 143 144 Sec. 15-134. - Intent. 145 146 The Intent of this Ordinance is to protect the physical and psychological well-being of 147 minors, including but not limited to lesbian, gay, bisexual, transgender and/or questioning 148 youth, from exposure to the serious harms and risks caused by conversion therapy or 149 reparative therapy by licensed providers, including but not limited to licensed therapists. 150 These_ provisions are exercises of police power of the City for the public safety, health, and 151 welfare; and its provisions shall be liberally construed to accomplish that purpose. 152 153 Sec. 1-135. - Definitions. 154 (a) Conversion therapy or reparative therapy means, interchangeably, any 155 counseling, practice or treatment performed with the goal of changing an 156 individual's sexual orientation or gender identity, including, but not limited to, 157 efforts to change behaviors, gender identity, or gender expression, or to eliminate 158 or reduce sexual or romantic attractions or feelings toward individuals of the same 159 gender or sex. Conversion therapy does not include counseling that provides 160 support and assistance to a person undergoing gender transition or counseling 161 that provides acceptance, support, and understanding of a person or facilitates a 162 person's coping, social support, and development, including sexual orientation - 163 neutral interventions to prevent or address unlawful conduct or unsafe sexual 164 practices, as long as such counseling does not seek to change sexual orientation 165 or gender identity. C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.1.Conversion_Therap _-_Ordinance.Doc; C--�43Fdma e a easeuaa'19te g� Cer inn+ �: 4 Page 713 of 733 166 167 (b) Minor means any person less than eighteen (18) years of age. 168 169 (c) Provider means any person who is licensed by the State of Florida to provide 170 professional counseling, or who performs counseling as part of his or her 171 professional training under Chapters 456, 458, 459, 490 or 491 of the Florida 172 Statutes, as such chapters may be amended, including but not limited to, medical 173 practitioners, osteopathic practitioners, psychologists, psychotherapists, social 174 workers, marriage and family therapists, and licensed counselors. A Provider 175 does not include members of the clergy who are acting in their roles as clergy o 176 pastoral counselors and providing religious counseling to congregants, as long as 177 they do not hold themselves out as operating pursuant to any of the 178 aforementioned Florida Statutes licenses. 179 180 Sec. 15-136. - Conversion therapy prohibited. 181 182 It shall be unlawful for any Provider to practice conversion therapy efforts on any 183 individual who is a minor regardless of whether the person receives monetary 184 compensation in exchange for such services. 185 186 Sec. 15-137. - Enforcement and civil penalties. 187 188 Violations of this article may be enforced as follows: 189 190 (a) The City Code Enforcement Special Master shall have jurisdiction to hear and 191 decide cases in which violations of this Chapter are alleged, o 192 193 (b) The City may enforce the provision of this Code by supplemental Code or 194 Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida 195 Statutes, o 196 197 (c) The City may prosecute violations by issuance of Notices to Appear for violation 198 of a City Ordinance, in which case, the penally for each violation shall be 199 $500.00,o 200 201 (d) The City Attorney, with authorization from the City Commission, may bring suit 202 on behalf of the Citv to enioin anv violation of this article. 203 204 205 206 Section 3. Each and every other provision of Chapter 15, of the Code of Ordinances 207 of the City of Boynton Beach not herein specifically amended shall remain in full force and 208 effect as previously enacted. C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.I.Conversion Tberapy - Ordinance.Doc; C--�43Fdmalwe- 5 Page 714 of 733 209 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 210 same are hereby repealed. 211 Section 5. Should any section or provision of this ordinance or portion hereof, any 212 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 213 such decision shall not affect the remainder of this ordinance. 214 Section 6. Authority is hereby granted to codify said ordinance. 215 Section 7. This ordinance shall become effective immediately upon passage. 216 FIRST READING this day of , 2017. 217 218 SECOND, FINAL READING AND PASSAGE this 219 2017. 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 ATTEST: 239 240 241 242 Judith A. Pyle, CMC 243 City Clerk 244 245 246 247 (Corporate Seal) 248 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE day of YES NO C:\Program Files (X86)\Neevia.Com\Docconverte!pro\Temp\NVDC\B3FB6D77-AE46-42F8-AOBD-Al6FB5A34C64\Boynton Beach.4751.1.Conversion_Therap _-_Ordinance.Doc; C--�43Fdma e a easeuaa'19te g� Cer inn+ �: 6 Page 715 of 733 HUMAN RIGHTS COUNCIL Rand Hoch President & Founder WEST PALM BEACH Please respond to: PBCHRC 400 North Flagler Drive, #1402 West Palm Beach, Florida 33401 (561) 358-0105 rand-hock@usa.net Jessica Blackman Vice President MEMORANDUM (via e-mail) PALM BEACH GARDENS To: Mayor Steven B. Grant Rae Franks Vice Mayor Mack McCray Secretary WEST PALa BEACH Commissioner Justin Katz Commissioner Christina Romelus Daniel S. Hall Commissioner Joe Casello Treasurer WEST PALM BEACH From: W. Trent Steele, Board Member Carly E. Cass Judge Rand Hoch (retired), President and Founder LAKE WORTH Hutch Floyd Re: Prohibiting conversion therapy counseling, practices, and LAKE CLARKE SHORES treatments by state licensed professionals in the City of Boynton Beach Jamie T. Foreman LAKE WORTI-i Date: December 8, 2016 Chauncey Graham WEST PALM BEACH "Conversion therapy" (also known as "reparative therapy,") is counseling based on Matthew McWatters the erroneous assuiription gay, lesbian, bisexual and transgender (LGBTQ) PALM BEACH GARDENS identities are mental disorders that can be cured through aversion treatment. These Meredith L. Ockman discredited practices have long been rejected by our nation's leading medical and WEST PALM BEACH mental health organizations. J. P. Sasser In 2001, David Satcher, U.S. Surgeon General during the administration of PAHOKEE President George W. Bush, issued a report finding that "there is no valid scientific Reagan South evidence that sexual orientation can be changed." Years later, California Governor BOCA RATON Jerry Brown stated that "[t]hese practices have no basis in science or medicine and they will now be relegated to die dustbin of quackery." W. Trent Steele PALM Begat GARDENS Just last year, the federal Substance Abuse and Mental Health Services Administration concluded that "[d]irecting the child or adolescent to conform to any particular gender expression or identity, or directing parents and guardians to P.O. Box 267 place pressure on the child or adolescent to conform to specific gender expressions WEST PALM BEACH and/or identities, is inappropriate and reinforces harmful gender stereotypes." Florida 33402 (The report, which called for the end of conversion therapy, can be found online at: 561.586.0203 http://store. samhsa.gov/shin/content//SMA15-4928/SMA15-4928.pd�. pbchr@aol.com www.pbchr.org The Palm Beach County Human Rights Council, Inc. is dedicated to ending discrimination based on sexual orientation, gender identity, and gender expression, The Council promotes equality through education, advocacy, direct action, impact litigation and community outreach. Page 716 of 733 Boynton Beach Mayor and City Commissioners December 8, 2016 Page two — The Palm Beach County Human Rights Council ("PBCHRC") recognizes that the practice of conversion therapy, which is most often forced upon rninors by their parents or guardians, is extremely harmful. The "treatment" frequently provokes guilt and anxiety. Moreover, it is not uncommon for the therapy to result in depression, self-destructive behavior and suicide. PBCHRC believes that licensed professionals engaged in conversion therapy are harming LGBTQ youth and therefore the City of Boynton Beach should enact an ordinance banning the practice. To date, California, Illinois, New Jersey, Oregon, Vermont, the District of Columbia, Cincinnati, Miami Beach, Seattle, Wilton Manors, Bay Harbor Islands, and, most recently, West Palm Beach, have enacted laws to prevent licensed mental health providers from offering conversion therapy to minors. In each of these jurisdictions, the ban applies only to state -licensed therapists. Unlicensed ones, such as those associated with faith -based groups, retain their religious freedom to engage in such work. Additionally, adults remain free to seek out such therapy. Over the years, there have been several legal challenges to the constitutionality of these laws. However, on three occasions, the U.S. Supreme Court has declined to hear challenges to the constitutionality laws banning conversion therapy for minors. As noted above, nearly every major medical and psychological association in the country has come out in opposition to conversion therapy. These include, but are not limited to, . American Academy of Child Adolescent Psychiatry American Academy of Pediatrics American Association of School Administrators American Association for Marriage and Family Therapy American College of Physicians American Counseling Association American Federation of Teachers American Medical Association American Psychiatric Association American Psychoanalytic Association American Psychoanalytic Association American School Counselor Association American School Health Association National Association of Social Workers National Association of School Psychologists National Association of Secondary School Principals National Education Association Pan American Health Organization: Regional Office of the World Health Organization School Social Work Association of America World Psychiatric Association Page 717 of 733 Boynton Beach Mayor and City Commissioners December 8, 2016 Page three — On November 7, 2016, the City of West Palm Beach became the first municipality in Palm Beach County to enact an ordinance banning conversion therapy for minors. I have attached a copy of the ordinance, along with the agenda introduction. The Patin Beach County Human Rights Council hopes that you will promptly take steps to ensure that the quackery known as conversion therapy is prohibited in the City of Boynton Beach. If you have any questions, please do not hesitate to contact me directly. attachments copies (w/attachments) via e-mail to: PBCHRC Board of Directors City Manager Lori LaVerriere City Attorney James A. Cherof Page 718 of 733 13. H. LEGAL 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-004 - FIRST READING - First Reading. Approval of ordinance limiting future cemetery use to City residents. EXPLANATION OF REQUEST: Available space for burial in the City owned cemeteries is limited. The City Commission previously directed review of rules to limit cemetery use to City residents. The draft Ordinance incorporates rules commonly found which limit use to residents only. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This policy will have no effect on programs or services. The City provides the same services related to cemetery use without regard to residence. FISCAL IMPACT: The City currently charges $525.00 for residents and $1,025 for non-residents. Only the resident fee will be collected if the oridinance is approved. ALTERNATIVES: Not approve the Ordinance and allow unrestricted use. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type �lh t*Iffmwm Description Ordinance limiting future cemetery usage by residents Page 719 of 733 REVIEWERS: Department Legal Finance EBB= Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 1/11/2017 ® 4:10 PM 1/12/2017 ® 8:23 AM 1/12/2017 ® 1:28 PM Page 720 of 733 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 6, "CEMETERIES" OF THE CODE OF ORDINANCES, BY CREATING A NEW SECTION 6- 20, "USE BY RESIDENTS"; PROVIDING FOR EXCEPTIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, City owned and operated cemeteries are near capacity and the City Commission finds it in the best interest of the City to limit future cemetery use to City residents. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. Section 2. That Chapter 6, is hereby amended by creating a new Section 6-20, entitled "Use by Residents", to read as follows: 1. Sec. 6-20. —Use by Residents. Cemetery lots may only be purchased by current full time residents of the City for their use and that of their immediate family and their direct descendants. Immediate family means father, mother, children, spouse, domestic partners, siblings, step children, half siblings and in-laws. 2. Multiple lots may be purchased by a resident but must be contiguous and all grave sites limited to the interment of the resident and their immediate family and rlaeranrlante 3. Ownership of a lot descends through family blood lines, i.e., from parent to child or other heirs-at-law. A spouse or domestic partner of a deceased resident owner has the right to burial. (00166186.1 306-9001821) 1 Page 721 of 733 35 4. If the present owner desires, and the lot configuration permits, the City authorized 36 to purchase unused graves at 80% their original cost. 37 5. Interpretation and application of the foregoing rules are delegated to the City 38 Manager. 39 6. Exceptions to residency rule: 40 A. Any person who maintained full time residency in the City for at least ten (10) years 41 but has moved away. 42 B. Any Military Veteran. 43 C. Any former Mayor or City Commissioner. 44 Section 3. Each and every other provision of Chapter 6, of the Code of Ordinances of 45 the City of Boynton Beach not herein specifically amended shall remain in full force and 46 effect as previously enacted. 47 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 48 same are hereby repealed. 49 Section 5. Should any section or provision of this ordinance or portion hereof, any 50 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 51 such decision shall not affect the remainder of this ordinance. 52 Section 6. Authority is hereby granted to codify said ordinance. 53 Section 7. This ordinance shall become effective immediately upon passage. 54 {00166186.1 sob-9001821}C:AProgram Files (X86)\Neevia.Com\DocconverterproATemp\NVDC\E7411DAF-5276-4041-BF74- E3C329E809EC\Boynton Beach. 4917.1. Cemetery_ ForResidents _-_Ordinance (00166186xc4b6a).Doc� \k",A1&34am,es,Ce4 e-c)a 1 Soot 6 $efl ats & � i�aa a 1 2 Page 722 of 733 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 FIRST READING this day of 2017. SECOND, FINAL READING AND PASSAGE this , 2017. CITY OF BOYNTON BEACH, FLORIDA YES Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE day of NO too166186.1 sob-9001821}C:AProgram Files (X86)\Neevia.Com\DocconverterproATemp\NVDC\E7411DAF-5276-4041-BF74- E3C329E809EC\Boynton Beach. 4917.1. Cemetery_ ForResidents _-_Ordinance (00166186xc4b6a).Doc� \k",A1&34am,es,Ce4 e-"c)a 1 Soot 6 $efl ats & � i�aa a 1 3 Page 723 of 733 14.A. FUTURE AGENDA ITEMS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Consider adopting a Chronic Nuisance Ordinance - February 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 1/4/2017 - 8:11 AM Page 724 of 733 14. B. FUTURE AGENDA ITEMS 1/17/2017 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City has scheduled a private attorney-client session to discuss pending litigation - February 7, 2017, 6:OOpm. EXPLANATION OF REQUEST: City Attorney requested a private attorney-client session of the City Commission to discuss pending litigation in the following case: BARRY GOLDMAN, Plaintiff, vs CITY OF BOYNTON BEACH, Defendant — Palm Beach County Circuit Court Case No. 2015CA011734XXXXMB The City Attorney, James Cherof, will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The cost of a court reporter ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 725 of 733 REVIEWERS: Department Finance 11111p, I I lig! I 111 111 111 � 11111 11 1 11 Reviewer Action Date Howard, Tim Approved 1/4/2017 ® 8:11 AM Page 726 of 733 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: December 15, 2016 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: BARRY GOLDMAN, Plaintiff, vs CITY OF BOYNTON BEACH, Defendant — Palm Beach County Circuit Court Case No. 2015CA011734XXXXMB I will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of this private attorney-client session will be scheduled at the December 19, 2016 City Commission meeting. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\2EFE2851-E8DE-4EAB-B13E-90FD56A785B7\Boynton Beach. 4716.1. Req uest_For_Ex_Session_-_(Gold man). Doc Page 727 of 733 14.C. FUTURE AGENDA ITEMS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: The Commission meeting on Tuesday, March 7, 2017 has been rescheduled to Monday, March 6, 2017 at 6:30p.m. in the Commission Chambers due to members of the Commission travelling to Tallahassee on March 7, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 1/4/2017 ® 8:10 AM Page 728 of 733 14.D. FUTURE AGENDA ITEMS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Joint City Commission/CRA Workshop for six month update on 2016 strategic plan at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Reviewer Action Date Howard, Tim Approved 1/4/2017 - 8:10 AM Page 729 of 733 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Library - February 2017 Communications/Marketing - March 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance 14. E. FUTURE AGENDA ITEMS 1/17/2017 Reviewer Action Date Howard, Tim Approved 1/4/2017 - 8:10 AM Page 730 of 733 14. F. FUTURE AGENDA ITEMS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3. D.) to allow medical offices as accessory uses to a residential development. - February 7, 2017. EXPLANATION OF REQUEST: It is staff's understanding that the intent of the request is to allow a medical clinic as an accessory use to a residential development, and that the services of said clinic would not be open to the general public but would be limited to the residents of a given private neighborhood or development. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Reviewer Action Date Howard, Tim Approved 1/4/2017 - 3:10 AM Page 731 of 733 14.G. FUTURE AGENDA ITEMS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Discuss the creation of a citizen oversight committee as provided by Palm Beach County ordinance and Interlocal agreement- February 7, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Reviewer Action Date Howard, Tim Approved 1/5/2017 - 3:53 PM Page 732 of 733 14. H. FUTURE AGENDA ITEMS 1/17/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/17/2017 REQUESTED ACTION BY COMMISSION: Discuss cancelling the July 4th City Commission meeting - 2/7/17 EXPLANATION OF REQUEST: The first Commission meeting in July falls on Tuesday, July 4, 2017. On October 4, 2016 the Commission decided by consensus to move the meeting to Wednesday, July 5, 2017. The Mayor requested this item be placed on a future agenda to discuss if the Commission may be interested in cancelling the meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date City Manager Howard, Tim Approved 1/10/2017 - 4:53 PM Finance Howard, Tim Approved 1/10/2017 - 4:53 PM City Manager LaVerriere, Lori Approved 1/11/2017 - 9:06 AM Page 733 of 733