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Agenda 03-01-16The City of Boynton Beach City Commission Agenda Tuesday, March 1, 2016, 5:00 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Boynton Beach City Commission Mayor Jerry Taylor (At Large) Vice Mayor Joe Casello (District IV) Commissioner David T. Merker (District 1) Commissioner Mack McCray (District 11) Commissioner Michael M. Fitzpatrick (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim 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 305 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 305 OPENINGS A. Call to Order - Mayor Jerry Taylor CLOSED DOOR SESSI7beheldn March 1, 2016 at 5 p.m. for a private attorney-client session to discuss pendithe case of THOMAS JONES, Plaintiff vs. CITY OF BOYNTON BEACH, MATR, PAUL DEALE, FRANK BRIGANTI, RICHARD MCNEVIN and EVELYN ndants — United States District Court, Southern District of Florida, Case No. 9:15-M I nvocation Pledge of Allegiance to the Flag led by Commissioner Merker 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. The second Commission meeting in March has been rescheduled to Wednesday, March 16, 2016 at 6:30pm in the Commission Chambers due to the election on Tuesday, March 15, 2016. A flyer with the listing of voting locations is located on the table in the back of the Commission Chambers. B. Proclaim the month of March 2016 as The City of Boynton Beach Firefighter Appreciation Month. Jeaneece Washington, Fundraising Coordinator for The Muscular Dystrophy Association will accept the proclamation. C. Announcing the Let's Move Physical Activity Challenge from March 1, 2016 - March 31, 2016. The Boynton Beach community is encouraged to log their time of sustained physical activity of at least 30 minutes at: CBS12.com/LetsMove. 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 east: Arts Commission: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 2 Alts Page 3 of 305 Education and Youth Advisory Bd.: 1 Stu N/V Library Bd.: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Veterans Advisory Commission: 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. R16-035 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. PROPOSED RESOLUTION NO. R16-036 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Louise and Robert Rubino for the property at 3576 Barkis Avenue, Boynton Beach, FL 33436. C. PROPOSED RESOLUTION R16-037 - Approve a Subordination Agreement allowing for a subordination of the City's mortgage for James and Karen Hannigan of 2389 S.W. 13th Way, Boynton Beach, Florida, 33426, and authorizing the City Manager to sign the Subordination Agreement. D. PROPOSED RESOLUTION NO. R16-038 - Authorize the acceptance of the $300,000 in financial assistance pursuant to line item 1662A of the FY2015/2016 General Appropriations Act and authorize the City Manager to execute all documents associated with the grant award agreement #S0853 from the Florida Department of Environmental Protection, Division of Water Restoration Assistance. E. PROPOSED RESOLUTION NO. R16-039 - Authorize the City Manager to sign a three-year master agreement for the Platinum Premier Service Agreement with ThyssenKrupp Elevator for elevator annual inspections and service/repairs in all eight (8) City facilities upon City Attorney review and approval. The agreement is based on the TCPN Contract #5042 and has an annual cost the first year of $26,988.12. F. 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 March 1, 2016 - "Request for Extensions and/or Piggy -backs". G. Approve the minutes from the Regular City Commission meeting held on February 16, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16-040 - Authorize the City Manager to sign required documents upon City Attorney review and approval to purchase and finance Motorola P25 radios with Motorola/ Motorola Solutions, Inc. Cost of radios $1,928,454 utilizing State of Florida Contract #725-500-12-1 , cost of system $416,822, total amount to be financed $2,345,276. B. Approve award of the Bid for "A Two Year Bid to Furnish and Install Emergency Equipment for Law Enforcement Vehicles", Bid No. 020-2110-16/JMA, to Law Enforcement Supply of Coconut Creek, FL as Primary Vendor and to Strobes -R Us Inc. of Pompano Beach, FL as the Secondary Vendor. This bid is to be used on an "As Needed" Basis. Estimated expenditure for emergency equipment for 49 Police Vehicles this fiscal year is $315,842. 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 Page 4 of 305 Agency and City Commission. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Status update on proposed one -penny infrastructure sales surtax that is currently being considered by the PBC School District, PBC Government and the PBC Cultural Council. B. Create "Honorary Robert E. Wells Avenue" on Martin Luther King Jr. Boulevard from Federal Highway to Seacrest Boulevard. (TABLED on 2/16/16) 13. LEGAL A. PROPOSED ORDINANCE NO. 16-004 - SECOND READING - PUBLIC HEARING - Approving a request for abandonment of a portion of a ten (10) foot wide utility easement at the rear of the residence in order to construct a private swimming pool, located at 2731 SW 23rd Cranbrook Drive and zoned PUD (Planned Unit Development). Applicant: Shawn Lago, homeowner. B. PROPOSED ORDINANCE NO. 16-005 - SECOND READING - PUBLIC HEARING - Approve and authorize Ordinance creating Part II, Chapter 26, Article I, Section 26-7 and Chapter 10, Article II, Section 10-33 of the Code to facilitate creation of liens for unpaid balances and recording of such liens for unpaid balances for utility and refuse accounts. C. PROPOSED ORDINANCE NO. 16-006 - SECOND READING - PUBLIC HEARING - Approve amending City Code of Ordinance Section 16-60, item (d) to restrict use of the docks in the lagoon at the park for loading and unloading, and for no more than 30 minutes. 14. FUTURE AGENDA ITEMS A. Code Compliance Initiative - North Federal Highway - March/April 2016. B. Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - April/May 2016 15. ADJOURNMENT 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. ADD1TIONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS 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 5 of 305 1.A. OPENING ITEMS 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Jerry Taylor CLOSED DOOR SESSION to be held on March 1, 2016 at 5 p.m. for a private attorney-client session to discuss pending litigation in the case of THOMAS JONES, Plaintiff vs. CITY OF BOYNTON BEACH, MATTHEW IMMLER, PAUL DEALE, FRANK BRIGANTI, RICHARD MCNEVIN and EVELYN MCCOY, Defendants — United States District Court, Southern District of Florida, Case No. 9:15-CV-81297-DMM I nvocation Pledge of Allegiance to the Flag led by Commissioner Merker 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: Page 6 of 305 REVIEWERS: Department City Clerk Reviewer Action Approved Date 21171201 - 8:57 ANA Page 7 of 305 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 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 3/1/2016 Reviewer Action Date Foyle, Judith Approved 2/17/2016 - 3:57 AM Page 8 of 305 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: The second Commission meeting in March has been rescheduled to Wednesday, March 16, 2016 at 6:30pm in the Commission Chambers due to the election on Tuesday, March 15, 2016. A flyer with the listing of voting locations is located on the table in the back of the Commission Chambers. 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 2/23/2016 - 11:30 AM Finance Howard, Tim Approved 2/23/2016 - 11:30 AM City Manager LaVerriere, Lori Approved 2/26/2016 - 9:01 AM Page 9 of 305 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: Proclaim the month of March 2016 as The City of Boynton Beach Firefighter Appreciation Month. Jeaneece Washington, Fundraising Coordinator for The Muscular Dystrophy Association will accept the proclamation. EXPLANATION OF REQUEST: Boynton Beach Fire Rescue Local 1891 raised more than $31,000 with their 2015 'Fill the Boot' campaign for the Muscular Dystrophy Association making them the MDA's largest source of funding. The funds collected by the City of Boynton Beach Fire Fighters assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not allow proclamation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Proclamation Proclamation REVIEWERS: Page 10 of 305 Department Reviewer Action City Clerk Fele, Judith Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 212312016 - 10:06 AM 212312016 - 11:06 AM 212612016 - 9:00 AM Page 11 of 305 WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens; and, WHEREAS, in addition to their daily service to our communities, Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past 61 years in the fight against neuromuscular diseases, and WHEREAS, Florida Fire Fighters collected more than $1.2 million in over 300 communities including the Boynton Beach Fire Rescue Local 1891 who raised more than $31,000.00 with their 2015 "Fill the Boot" campaign for the MDA, again making them the MDA's largest source of funding; and WHEREAS, the Muscular Dystrophy Association is extremely grateful of the City of Boynton Beach Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the City of Boynton Beach Fire Fighters assist the MDA in providing medical services at local clinics, summer camps, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Boynton Beach Fire Fighters, the Muscular Dystrophy Association is sponsoring "the Boynton Beach Fire Fighter Appreciation Month;" and WHEREAS, it is appropriate for all City of Boynton Beach citizens to join the Muscular Dystrophy Association in this tribute to our fire fighters. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim March 2016 as: The City of Boynton Beach Firefighter Appreciation Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida on March First, Two Thousand and Sixteen. Jerry Taylor, Mayor ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) Page 12 of 305 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: Announcing the Let's Move Physical Activity Challenge from March 1, 2016 - March 31, 2016. The Boynton Beach community is encouraged to log their time of sustained physical activity of at least 30 minutes at: CBS 12. com/LetsMove. 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 Human Resources Oldbury, Julie Approved 2/10/2016 - 0:17 AM Finance Howard, Tim Approved 2/22/2016 - 12:21 PM City Manager LaVerriere, Lori Approved 2/26/2016 - 6:60 AM Page 13 of 305 5.A. ADMINISTRATIVE 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 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: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd.: 1 Stu N/V Library Bd.: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Veterans Advisory Commission: 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: Page 14 of 305 Type Other REVIEWERS: Department City Clerk Reviewer Description Appointments Action Approved Date 2/17/2016 - 8:57 ANA Page 15 of 305 1 i • � � ` i i � � � � ■ i Arts Commission I Merker Reg 3 yr term to 12/18 (2) II McCray Alt 1 yr term to 12/16 (2) Applicants None Building Board of Adjustment & Appeals III Fitzpatrick Alt 1 yr term to 12/15 11 McCray Alt 1 yr term to 12/15 (Tabled 2) Applicants None Education and Youth Advisory Board III Fitzpatrick Stu NN 1 yr term to 12/16 (Tabled 2) Applicants None Library Board 11 McCray Alt 1 yr term to 12/16 Applicants None Senior Advisory Board Mayor Taylor Reg 2 yr term to 12/17 Tabled (2) 1 Merker Alt 1 yr term to 12/16 Tabled (2) 11 McCray Alt 1 yr term to 12/16 Tabled (2) Applicants None Veterans Advisory Commission I Merker Alt 1 yr term to 12/16 Tabled (2) II McCray Alt 1 yr term to 12/16 Tabled (2) Applicants None Page 16 of 305 CONSENTAGENDA 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-035 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City -contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 17 of 305 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Exhibit REVIEWERS: Department City Clerk Finance Legal City Manager Description Resolution approving Nuisance Abatement ExhibitA Reviewer Action Pyle, Judith Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 2/23/2016 - 1:15 PPA 2/23/2016 - 1:22 PPA 2/24/2016 - 1:29 PPA 2/26/2016 - 8:59 AKA Page 18 of 305 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 43 44 45 46 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\08C1485A-OOD2-4A65-945F-DEDBCEA62014\Boynton Beach.2856.1.Reso - Nuisance Abatement for 030116.doc Page 19 of 305 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 82 83 84 85 86 87 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2016, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\08C1485A-OOD2-4A65-945F-DEDBCEA62014\Boynton Beach.2856.1.Reso - Nuisance Abatement for 030116.doc Page 20 of 305 EXHIBIT A Name Address Line 1 Address Line 2 PCN Case # Invoice # Unginal Invoicei, Amount Amount Now Due John & Lammi Dvoracek 5563 State Hwy 7 Lake Worth FL 33467 08-43-45-16-01-038-0210 15-861 37854 $ 588.09 $ 618.09 Flagstar Bank FSB 255 S Cragne Ave Suite 900 Orlando FL 32801 08-43-45-15-07-003-0170 15-1916 37857 $ 538.09 $ 568.09 M. Langson & S McKean 124 NE 11th Ave Lake Worth FL 33449 08-43-45-21-24-000-0040 05-1929 37853 $ 438.09 $ 468.09 Royal F Clark 111 1371 SW 6th Ave Boynton Beach FL 33426 08-43-45-32-03-024-0260 15-2177 37858 $ 588.09 $ 618.09 Virgen 0 Valentin 332 NE 15th Ct Boynton Beach 08-43-45-21-02-017-0360 15-2115 37856 $ 588.09 $ 618.09 Pete Trevino 2322 NE 3rd St Boynton Beach FL 33435 08-43-45-15-07-010-0040 15-2041 37855 $ 588.09 $ 618.09 Joanne Kovach 2855 SW 9th St Boynton Beach FL 33435 08-43-45-32-01-012-0090 15-2099 37861 $ 588.09 $ 618.09 Mabel Gonzalez 257 Perry Ave Boynton Beach FL 33463 08-43-45-21-20-009-0060 15-2175 37863 $ 438.09 $ 468.09 Bank of New York Tr 4848 Loop Central Dr Houston TX 77081 08-43-45-16-01-038-0090 15-2181 '37862 $ 488.09 $ 518.09 James D Rodden 440 Ocean Pkwy Boynton Beach FL 33435 08-43-45-16-01-017-0460 15-2196 37860 $ 588.09 $ 618.09 Total $ 5,730.90 Page 21 of 305 M CONSENTAGENDA 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-036 -Approve and authorize signing of an Agreement for Water Service outside the City limits with Louise and Robert Rubino for the property at 3576 Barkis Avenue, 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, north of Old Boynton Road and East of Lawrence Road, in the Avondale Pines Neighborhood. 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 limiting 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: Page 22 of 305 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Agreement D Attachment REVIEWERS: Department Utilities -Customer Service Finance Legal City Manager Description Resolution approving Water Service Agreement for 3576 Barkis Ave W agreement W backup Reviewer Action Groff, Colin Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 2/10/2016 - 12:54 PPA 2/12/2016 - 1:21 PPA 2/24/2016 - 1:52 PPA 2/26/2016 - 10:33 AM Page 23 of 305 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. R16 - 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 LOUISE AND ROBERT RUBINO; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 3576 Barkis Avenue, Boynton Beach, FL (Parcel Control Number 00-43-45-19-02-012-0101); 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 will be 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 Louise and Robert Rubino, 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\EEEFOF2B-l0EC-4E68-A166-8D25A473A5DA\Boynton Beach. 2847.1.3576_Barkis_Ave Water Service_Agreement _-_Reso.docx Page 24 of 305 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 PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\EEEFOF2B-l0EC-4E68-A166-8D25A473A5DA\Boynton Beach. 2847.1.3576_Barkis_Ave Water Service_Agreement _-_Reso.docx Page 25 of 305 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS n!r 4 AND COVENANT FOR ANNEXATION (Individuals) This Agreement, made on this 04 day g 2016, by and between: MIM 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 receg water service from the City Water System and the mutual covenants expressed herein, the City of F&oynton 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: 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 ifiroperty other than the Property described in paragraph I above, unless written permission is granted by the City of Boynton Beach. 4. The Property requires I (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 bv the Director of I ftilitie.. ql 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 a 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. U:\WSA forms\WSA (Individual) 8-22-12.doc Page 26 of 305 �. t D COVENANT O' ANNEXATION (Individuals) 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. 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, Page 2 of 5 U:\WSA forms\wsA (individual) 8-22-12. doc Page 27 of 305 accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances beyond the City's reasonable control. LIMITSAGREEMENT FOR WATER SERVICE OUTSIDE THE CITY AND COVENANT FOR ANNEXATION (Individuals) 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. " U:\WSA forms\WSA (Individual) 8-22-12.doc Page 28 of 305 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMI AND COVENANT FOR ANNEXATION (Individuab) I IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of Fe LNG j± L- 20 Sealed and delivered in the presence of. FOR OWNER(S) NOTARIZATION: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH INDIVIDUAL(S) AS OWNER(S): Owner Signature Fab 91�'6;h go Printed Owner Name Owner Signature I fir. ja-1 A)D Printed Owner Name two subscribing witnesses freely and voluntarily and that tile individual w e following proof of identification: i® WITNESS my hand and official seal in the County and -State last aforesaid this 4 day of E��,201 to. (Notary Seat) .1. Printed Name My Commission Expires: Commission I I STSAN E MAY — Notary Public - State of Florida Commission # 0. f,.5 U:\WSA forms\WSA (Individual) 8-22-12.doc Page 29 of 305 ■ �{ !� D COVENANT ' ANNEXATION (Individuals) Lori LaVerriere, City Manager City Clerk Approved as to Form: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH } 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 Lori LaVerriere, 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 them 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 , (Notary Seal) Notary Public Signature Printed Notary Public Narne My Commission Expires: Commission No. u: \WSA forms`WSA (Individual) 8-22-12 . doc Page 30 of 305 �!M I/We, LOUISE AND ROBERT RUBINO—, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH fall and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the —04— day of —FEBRUARY___, IMINOR 11111 111 =1 Page 31 of 305 U'll-NE17"OCABLE SPECIAL POWER OF ATTORNEY (Individuals) IN WITNESS WHEREOF, we have hereunto set our hands and seals this "/*k day of y , in -the year 20 1 C . Sealed and delivered in the presence of. TWO WITNESSES as to each Owner: 4F'es*Signature CX Printed Witness Name Second Witness Signature Printed Witness Name STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH INDIVIDUAL(S) AS OWNER(S): Owner Slilpature Printed Owner Name Owner Signature L21q_ Printed Owner Name (Notary Seal) Notary Public Signature My Commission Expires: U:\WSA forms\Power of Attorney (Individual) 8-22-12 (3).doc Page 32 of 305 ra kser Exerrs ,,'j 1r. 4ZE Location Address 3576 BARKIS AVE Municipality UNINCORPORATED Parcel Control Number 00-43-45-19-02-012-0101 Subdivision WEST BOYNTON PLAT 2A Official Records Book 26367 Page 537 Sale Date SEP -2013 WEST BOYNTON PLAT 2A LT 10 (LESS W 3 FT), LTS 11, 12 & W 6 FT OF LT 13 I Descriptior. BLK 12 A/K/A AVONDALE PINES UNREC LT 9 Owners Mailing address RUBINO LOUISE 3575 BAR MS AVE ,ZUBINO ROBERT & BOYPTON BEACH FL 33436 2719 Sales Date Price OR Book/Page Sale Type Owner SEP -2013 $159,030 26367/ 0537 WARRANTY DEED RUBINO ROBERT & klAY-2004 $200,000 17093/ 0001 WARRANTY DEED HAtJILTON RICHARD& NOV-1997 $78,000 10097/ 1320 WARRANTY DEED JUL-1997 4100 10031 /1334 WARRANTY DEED MAY -1997 $100 09790 /0951 CEF.T OF TITLE 1 -� No Exemption Information Available. Number of Units I *Total Square Feet 2045 Acres 0.18 Use Code 0100 - SINGLE Zoning RS - Single Family Residential ( 00- FAMILY UNINCORPORATED) Tax Year BOIS P, 2014 2013 Improvement Value $108,334 $90,011 $76,448 Land Value $47,676 $41,457 $48,773 Total Market Value $156,010 $131,468 $125,221 P All values are as of January 1st each year Preliminary Tax Year Assessed Value Tax Year Ad Valorem Non Ad Valorem Total tax 2015 P 2014 $144,615 $131,468 $0 $0 $144,615 $131,468 2015 P 2014 $2,777 $2,472 $357 $361 $3,134 $2,833 2013 $121,471 $0 $121,471 RM $2,320 $355 $2,675 http://www.co.palm-beach.fl.uslpapalAspsIPropertyDetaillPropertyDetail.aspx?parcel=00... W6VPhf 305 i I r1- po, P POPL I I; Ira li�, S, Q r I U 140 Owner Name: RUBINO ROBERT & Parcel Control Number: 00-43-45-19-02-012-0101 Location Address: 3576 BARKIS AVE Structural Element for Building 1 1. Exterior Wall I CB STUCCO 2. Year Built 1979 3. Air Condition HTG & AC Desc. 4. Heat Type FORCED AIR DUCT 5. Heat Fuel ELECTRIC 6. Red Rooms 3 7. Full Baths 2 8. Half Baths 0 11 *) KI A !0. Exterior vvct 10. Roof Structure GABLE/HIP 11. Roof Cover ASPH/COMP SHG. 12. interior Wall 1 DRYWALL 13. interior Wall 2 N/A 14. Floor Type 1 CARPETING 15. Floor Type 2 N/A 16. Stories 1 toubarea and Sq. Footage for 7#1Rffff,= Land Details Land Line # 1. SFR N51, Et' 1EHEE Year Built No Extra Feature Available Zoning Units RS I 0 Units MM http:llwww.co.paim-beach-fl.uslpapalAspsIPropertyDetaillStructuralDetail.aspx?entity—id... KIRM& 305 Building I No. Code Description Sq. Footage 1. BAS BASE AREA 1111 SFB SEMI FINISHED BASE 473 2. AR 3. FOP FINISHED OPEN PORCH 40 4. FGR FINISHED GARAGE 322 S. FST FINISHED STORAGE 99 Total Square Footage : 2045 Total Area Under Air: 1584 Extra Feature 7#1Rffff,= Land Details Land Line # 1. SFR N51, Et' 1EHEE Year Built No Extra Feature Available Zoning Units RS I 0 Units MM http:llwww.co.paim-beach-fl.uslpapalAspsIPropertyDetaillStructuralDetail.aspx?entity—id... KIRM& 305 PAPA Maps Search Results Detail V Pro�ert lei Pro _yecor�d Owners RUBINO LOUISE RUBINO ROBERT & Property detail Location 3576 BARKIS AVE Municipality UNINCORPORATED Parcel No. 00434519020120101 Subdivision WEST BOYNTON PLAT 2A Book 26367 Page 537 Sale Date SEP -2013 3576 BARKIS AVE Mailing Address BOYNTON BEACH FL 334362719 Use Type 0100 - SINGLE FAMILY Total 2045 Square Feet Sales Information Sales Date Price SEP -2013 159000 MAY -2004 200000 NOV-1997 78000 JUL-1997 100 MAY -1997 100 12 Appraisals Tax Year 2015 Tools Layers Print Messages Instructional Videos Page 1 of I Page 35 of 305 http://www.co.palm-beach.fl.us/papa/Asps/papagis/Papagis.aspx?qvalue=004345190201201... 2/9/2016 RETURN TO: HECTOR GOV'T CENTER, ROOM 203 1 S a '167 07 3 9 U, / f � i GFA 20L50096844 OR r, _ PG 0594 RECORDED @31113f2@15 Palo Beach County, Flovida Sharon R. SockCLERK & COOPTRULLEL .: r, t (see Attached Exhibit) - MSTU F - DISTRICT 7 Water Recoveq Chis Witness his/her hand and sea! this 5th .day of March, 2015. FLORIDASTATE OF ! ! 1. s t I- i� • ! s CHAR!CHARON R. BOCK The foregoing before me day ofMarch,2015, 1 Hector Varps, who is genoruffly known to me. Nain-e-"fficer taking Acknowledgement Not4U Public Title 1' Rank #EE 870239 Commission N Aw NINE 1 } Book27406/Page594 Page 1 of 20 Page 36 of 305 0 O CA Ill m C O 0 rte. C* jXrj A ; ?y r -v -u `0 117 j > m , r� G7 fl O O ' G m m m {i m :71? ED s ® �:7 0 w ;a0 -1 = 0 C 0 rn ill . � to z�z m r Z 4 by ® 0 M - �,: �-. C7 D m rn CA m n ."l J=m s:' z o s N G7 m r z n' � va _ rll � �. _: m �N ym� o to .. • ;D :3. M r '_ a O 0 p CD 0 0 LO m a r r 4 rn r o i r � -{ I w r c = c 0 q m m 5-+ ®+ yy M!2 zyy YI Page 10 of 20 Page 37 of 305 O ® i] C* jXrj A ; ?y r -v -u `0 117 f C o G7 fl O O ' G m m m {i m :71? ED s ® �:7 0 w ;a0 -1 = 0 C 0 rn ill . � to z�z �• n r. Z 4 by ® _ M - �,: �-. C7 D m = m ."l J=m s:' z o s N r z n' � va _ rll � �. _: m �N ym� o .. • ;D :3. M r '_ mr m K Q U1 m _ + c 0 En -i ;U. xOM, U, ® �a cn � m = m Ol ns j m z N (n �m r 1-4 4 0 U) v 0 m4 -n N 0. ' z z .•-. o •K m KC Z > 0 —I i :i 22 i O � O r- ®+ yy M!2 zyy YI Page 10 of 20 Page 37 of 305 RETURN TO: DONNA PARTINGTON, SPECIAL ASSMTS GOVT CENTER, ROOM 203 PAGE(S): 1 OF 12 SATISFACTION OF LIEN WATER MAIN & SERVICE LINES CFH 20060213231 OR BK 20183 PG 0518 RECORDED 04/11/2006 10:17:06 Palm Beach County, Florida Sharon R. Back, CLERK & COMPTf Pgs 0518 - 529; (12pga) KNOW ALL PERSONS BY THESE PRESENTS that PALM BEACH COUNTY as the lienor and holder of certain Claim of Liens filed by it against the following described real property in Palm Beach County, Florida: (See Attached Exhibit - MSTU F – DISTRICT 7) has received full payment of said Claim of Liens and acknowledges full satisfaction of said Claim or Liens, and directs the Clerk & Comptroller to cancel said Claim of Liens of record in accordance with F.S. 713.21. and Sealed presence, of STATE OF FLORIDA COUNTY OF PALM BEACH Witness his/her hand and seal this 5th day of April, 2006, PALM BEACH COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ;4C�— -,SHARON R. BOCK Clerk & Comptroller 4� By: r Deptfy Clerk The foregoing instrument was acknowledged before me this 5th day of April 2006 by Donna Partington, who is sonall y known to me, ignat e o Person La)tinh Acknowledgement flF FLORIDA Olga En Uip Enrique Name of Officer taking Acknowledgement �cmn��55ivn DD409314 Notary Public MAR. 21, 2409 Title or Rank 1.,,,uanticHondiuj o.,1nc.DD4Com093 4 Number APPROVED AS TO FORM & LEGAL SUFFICIENCY 44A"untyAL Worney-11W Book20183/Page518 Page 1 of 12 Page 39 of 305 11 I 2 1.4 P-1 I I I I 4� 3: xm M, > 0 a m m 1 44 -nO ;a m ;u m cn cn --4 0 m z rlj O Oi Book20183/Page525 ICS .1 I a A L -71 -0 -0 X.is :0 i ® 0 m m z 8RI z -0 C9 Z -.1 M I n Z M Ln ru -n cr 6 0 3 rr pj m z C M Om h5 E C 0 Z rn v z jW 8 cl m M Gy w m (0 C co z CD Cp -n 'i 0 n 0 Z T I—D > r 0 m z en CD P; * 65 T -n 2 Z� m co Z ;u m 0 a A L -71 Page 8 of 12 Page 40 of 305 -0 -0 X.is :0 i ® 0 m m z 8RI z -0 C9 Z -.1 M Ln -n 0 3 rr pj m z C M h5 E C 0 13 v z jW 8 cl m w Page 8 of 12 Page 40 of 305 1154 E. ATLAN-11C BLVD. Aj ACCURATE LAND SURVEYCAS, INC. TEL. (954) 792--1441 POMPANO BEACH FLORIDA 53460 L.B. #3635 — FAX. (954) 782-9442 SHEET 2 OF 2 N xx we 4";k� /e, Yd E sw se AVENUE....- {40 RIGHT OF WA'j a - 5 "'"•:` •..3D ASPNALTr "IYE &M.:� t . NAIL�...::^..:,w:;.m Isc 18.45 �'Y" . fIRON ROD ck Com— Noi fi 318. BLOCN EASEMENT A< CAP LD 3835 ®®® ®®® p I .-Liss Ws YI LOT 19 link fen-s�. 1 j�nij• REMAINDERNOT sketch are accurate rand correct to the best of my i ENGLU®ED i" No I.D. BLOCK 12 p wr I f Rule 5J-47, adapted by the Florida Board of Land i a.37'W I I I �a.aD LOT 9 0 1 BLOCK 12 91 ON LINE I a.aa° --I! 1 I .¢76.02 I I I I a 16.Y8 'p NESP 6, t LO'r 13 1 p 8' woad I d LCT 11 1 I.,- 1 Lt1Pk®I} i f f 9.56'I — P I� BLOCK 12 I I d: ®p_ REsaA� Daz I ®.. 18.45 �'Y" . 78. 00 318. BLOCN EASEMENT A< CAP LD 3835 ®®® ®®® ` link fen-s�. T GORNER FOUND i/1- 7 IRON ROD @ CAP s , sketch are accurate rand correct to the best of my No I.D. BLOCK 12 p survey meets Minimum Technical Standards under I Rule 5J-47, adapted by the Florida Board of Land 4 ao'. �� I �a.aD I `� I 25.0W j ON LINE I a.aa° --I! vner.ta I .¢76.02 I I I I a 16.Y8 'p NESP 6, t LO'r 13 1 NOT VALID AITN aT 890NATUNE HND d LCT 11 I 1 I f '",s- BLOCK 12 p REsaA� Daz I ®.. p I LOT 1 I NCLUD€a I < L tii.ord I BLOCK 1 p p ....... p 6• f.FOUND 1/2' SET 3f2" f oug'w IRON ROD p 0.20'N I No LD. & P I L9 3835 p LCT 42 I SLOT 41 I + BLOCK 12 f BLOCK 12 f t I I i, Onlesa otherwise noted field rneasuremente are in agreement with record measurement. 2. Bearings Shown herear are based on on assumed bearing of NIA 3. The lands shown hereon vara nag abstracted for ownership, rights of way, amorments, or other matters of records by Accurate Land Surveyors, Inc. 4. Ownership of fences and walls, if any, are not determened. 5. This survey is the property of Accurate Land Surveyors, Inc., and shall not be used or reproduced in who?e or in part without written asuthortzatim. 6, This survey is made for the exclusive use of the certified hereon, to be YOUR one your bars the date of survey as shown hereon. 7. Ties survey consists of d map and text report, one is not valid without the other. 7&V0 F2 I re. I LCT 40 f BLOCK 12 I Pa.., �ff r ped. 20 0 10 2a GRAPHIC SCALE 1'®2D' FOUND 1 2 5E3 9 f2® a' w.t. f ' IRO" RDD za6'W a CAP IRON R«a1 a.55'N p NO I.D. & T I vfs 7.0#'N L9 3635 1 c5P8 ONE LOT 39 ( LCT 3�1 I BLOCK 12, 1 24.43, property described In the foregoing title caption and link fen-s�. K I r1 I 3.18•_w p sketch are accurate rand correct to the best of my 0 knowledge and belief. I further certify that this BLOCK 12 p survey meets Minimum Technical Standards under Rule 5J-47, adapted by the Florida Board of Land w LCT 13 RECEIVED BLOCK 12 1 usod.aatl .I utility Eine ,`E A t el NOT VALID AITN aT 890NATUNE HND Pa.., �ff r ped. 20 0 10 2a GRAPHIC SCALE 1'®2D' FOUND 1 2 5E3 9 f2® a' w.t. f ' IRO" RDD za6'W a CAP IRON R«a1 a.55'N p NO I.D. & T I vfs 7.0#'N L9 3635 1 c5P8 ONE LOT 39 ( LCT 3�1 I BLOCK 12, 1 cERXJQAT:QN: This Is to certify that 1 have recently surveyed the property described In the foregoing title caption and have set or found monuments as indicated on this sketch and that sold above ground survey and sketch are accurate rand correct to the best of my knowledge and belief. I further certify that this BLOCK 12 p cERXJQAT:QN: This Is to certify that 1 have recently surveyed the property described In the foregoing title caption and have set or found monuments as indicated on this sketch and that sold above ground survey and sketch are accurate rand correct to the best of my knowledge and belief. I further certify that this survey meets Minimum Technical Standards under Rule 5J-47, adapted by the Florida Board of Land Surveyors. January 11, 2010. RECEIVED OCT t 7 z(i..:, ,`E A t NOT VALID AITN aT 890NATUNE HND RAISEINE 7YdI OF # FLORIDAD `F IC Ps' rose. MAPA€R. ROBERT L. THOM9PSON (PRESIDENT) /p PROFESSIONAL SURVEYOR Aen MAPPER Na.3e99 — STATE 9F FLORIDA �1Sr�• Page 42 of 305 6.C. CONSENTAGENDA 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R16-037 - Approve a Subordination Agreement allowing for a subordination of the City's mortgage for James and Karen Hannigan of 2389 S.W. 13th Way, Boynton Beach, Florida, 33426, and authorizing the City Manager to sign the Subordination Agreement. EXPLANATION OF REQUEST: Subordination is, by definition, the acceptance by a lender in first position on a mortgage to allow new charges, claims, or mortgages on a given property become the priority. The subordination agreement allows the new lender to have first position on the property, and the City to become subordinate to the new mortgage. In this case, Mr. & Mrs. Hannigan received purchase assistance from the City's First Time Homebuyer Program in 2008. Their current mortgage was financed on July 8, 2008, with Freedom Mortgage Corporation for $109,620 at 6.75% maturing August 1, 2038. The Hannigans want to refinance their home with Freedom Mortgage Corporation to a current 30 year, FHA streamline mortgage in an amount not to exceed $98,893, at 3.75%. In doing so, they will reduce their monthly payments by $459.34. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no affect to City programs or services; Mr. & Mrs. Hannigan are merely taking advantage of an opportunity to lower their housing costs. FISCAL IMPACT. Non -budgeted There is no fiscal impact, as the City's mortgage will retain second position. However, with today's financial climate, there is no assurance that Mr. & Mrs. Hannigan will be able to get this rate and term without acting as soon as possible. The Hannigan's mortgage with the City in the amount of $29,000.00 runs concurrent with the first mortgage. ALTERNATIVES: Not to subordinate the mortgage. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 43 of 305 ATTACHMENTS: Type D Resolution D Agreement D Attachment D Other REVIEWERS: Department Reviewer Community Improvement Octavia, Sherrod Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Subordination Agreement Hannigan Subordination Agreement Good Faith, Mortgage & Note Lender Info for Sub Agreement Action Date Approved 2/12/2016 - 4:43 IIIA Approved 2/23/2016 - 11:42 AKA Approved 2/23/2016 - 11:54 AKA Approved 2/24/2016 - 2:31 IIIA Approved 2/26/2016 - 10:33 AM Page 44 of 305 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. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SUBORDINATION OF THE CITY'S MORTGAGE WITH JAMES AND KAREN HANNIGAN IN FAVOR OF FREEDOM MORTGAGE CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBORDINATION AGREEMENT BY THE CITY OF BOYNTON BEACH IN FAVOR OF FREEDOM MORTGAGE CORPORATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to execute a Subordination Agreement in favor of Freedom Mortgage Corporation, for James and Karen Hannigan. 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 approve the request for subordination of the City's Mortgages and authorize the City Manager to execute the Subordination Agreement for James and Karen Hannigan in favor of Freedom Mortgage Corporation, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. Page 45 of 305 1 PASSED AND ADOPTED this day of , 2016. 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 ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO Page 46 of 305 This Instrument Prepared by: James A. Cherof, Esquire GOREN, CHEROF, DOODY AND EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the "Agreement") is made this day of March, 2016 by the City of Boynton Beach, a Florida municipal corporation, (the "CITY") in favor of Freedom Mortgage Corporation ("Freedom"). WITNESSETH: WHEREAS, the CITY is the owner and holder of that certain promissory note and mortgage in the original principal amount of Twenty -Nine Thousand and 00/100 Dollars ($29,000.00), executed on July 8, 2008, which Mortgage was recorded on July 14, 2008 in Official Records Book 22754, Page 0939 of the Public Records of Palm Beach County, Florida (referred to as the "Mortgage") by James Hannigan, a married man and Karen Hannigan, his spouse, (collectively referred to as the "Mortgagors"), and WHEREAS, Mortgagors are the owners in fee simple of the following described real property (the "Property"), which Property is encumbered by the Mortgage: Lot 13, Block 79, PLAT OF SEVENTH SECTIONPALMBEACHLEISUREVILLE, Plat Book 29, Page 145, Palm Beach County, Florida. Tax Parcel No. 08-43-45-29-12-079-0130 WHEREAS, Freedom has agreed to refinance the Mortgagor loan, and grant a mortgage loan to the Mortgagor in an amount not to exceed $98,893.00 to be secured by a first mortgage encumbering the Property (hereinafter the "New Mortgage"), provided that the CITY's Mortgage, currently in second position, is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. The Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage in the principal amount not to exceed $98,893.00 given by Mortgagors, James Hannigan and Karen Hannigan to Freedom, of even date and simultaneously recorded herewith in the Public Records of Palm Beach County, Florida. This Page 47 of 305 subordination is only to the extent of the loan amount not to exceed $98,893.00 and does not apply to any addition or future advances which may be made under the New Mortgage. 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on 12016. Signed, sealed and delivered in the presence of STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEACH, a Florida municipal corporation By: Lori LaVeniere, City Manager The foregoing instrument was acknowledged before me on this day of March, 2016 by Lori LaVerriere, City Manager of the City of Boynton Beach, on behalf of the CITY, who is either personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC 2 of 2 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\F6FB59E0-8AF8-4932-8E45-7A98A3D491EF\Boynton Beach. 2858.1. Subordination_Agreement- _Hannigan_(Freedom).Doc Page 48 of 305 ��a4aaaq, OMB Approval No. 2502-0265 Good Faith Estimate (GFE) Name of Odpaater F[aedoa Mortgage Corporation CKVailOf 907 Pleasant Valley AV Ste 3 Addtaas Mount Laurel NJ 08054 PkaaeNamEer (317)-599-8900 17dOO"FJW bradley.jonealfreedommortgage.eom BOrWwer Jamas L Hannigan Karoo a Hannigan PCOWV 2399 SW 13th Way Address Boynton 9eaoh FL 33726 DateofGFS 02/07/2016 37:72:00 Purpose 111s GFE gives you an estimate of your settlement charges and ban Mm iryoa are approved for this ban For more i dormation. see HUD's 4wdial hnkirmis ao Bxkkton settlement claw^ yaw 7hd6ice-I&wW Disolwwo, and Other eomumer information at www.hud.gov/resps. If you deckle you would like to proceed with this loan, contactus. Shopping for only you an shop far the best ban for you. Compare this GFE with other bat offers. so you an find the best kum. your loan Use the shopping dart On page 3 to compare all the offers you receive. Important 1. The interest rate for this GFE is available through - Mier tlda yam, dne infest dates rate, some of your ban Origination Charges, and the monthly psymem shown below an chimp until you kick your interest rate. 2. This estimate for all other settlement dtwgos is available through I G_•., 19116 3. After you lock your Interest ate, you must go to settlement withYt ® days (your rate lock perW to receive the locked interest rate. 4. You must kick the interest rate at least U) days before settlement. Summary of your loan Escrow account information Your initial lean amount is S. 96 493.00 Your loan term is 30 yew Your Initial interest rate is - % Your initial monthly amount owed for principal, interest, and my moryaw Insurance Is S 502.54 per momtla Can your interest rate the? No 11 Yes, it can rise to a maximum of %. Tile faun choge will be in Even it you make payments as time. can your No 11 Yes, it an rise to a maximum of loan balance rhe? $ Even ff you make payments on time, an your No U Yes. the rant increase an be in and monady amount towed for principal, interest, end the monthly mom owed an rise to any mortgage bulm nice rhe? S . The Maximum it an ever rise to is S Does your k um have a ptepaymerat penalty? No Yes, your natdnam prepayment penalty, is S Does your loan have a balloon psymaad? IJ No U Yes, you have a balloon payment of S due in yean. Some leaden require an escrow account to hold fonds for property aces or other property -related charges in addition to your monthly amount owed of S 1502.94 Do we require you to have an escrow account for yoar knelt? ❑ No, you do not have an escrow acemmt. You must pay these charges dkft* when due. ® Yes, you have at escrow accom. It may or may not cover all of these larges. Ask an. Summary Your Adjusted Oftination C m*s(�+pw2..) $ -277.23 of your settlement �g .Your CherM for All Other 1111ettlemant tkrvleea is a peps 1) $ 2,94L chargesTotal Estimatcd Settlement ChaS 2,710.52 ..73955190 0093572303 02/01!2016 17:72:08 V6P Gpaci� 0. M tetlmna MUD-OFQ FttlongsF~41~ Pepe t d 3 VW118F (1003).02 Page 49 of 305 Understanding ytntr estimated settlement Charges Some of these durges Can change at settlement. See the top of page 3 for more Information. Your Ad usted Ong nation Charge 1. our origination abarip This Charms, is for Remm Ibis loan for Wu. 0.00 2. Your ore" a charge (points) for the speei8o intact rate ehasm nirtcaoe Inenrance 9.0 Crt&t Report 22.00 ❑ The credit or charge for the lowest rate of 0% is Included in 'Our orlgintion charge.' (See item 1 above.) ® you receive a am" of S 217.23 far this Interest rate of 3.750 %. 953.82 Thb credit reduces your settlement charges. 0.00 D You pay a large of S for this interest rate of %. 335.00 This Charge fpoints) Mcreaaaa your tool aettlernmt charges. I The tradeoff table 4n page 3 shows thm you carr change your rant sealement charges by Ldgmim a different interest rate for this Iona. -247.23 YOUr AClUgttld Orlpination ate M $ -247.23 Your Charges for All Cther SoMement SerVIC 3. Required swvioas that we aelea These charges ars for services we require to oorrtpkte yoar stilemem. We will choose the providers of these secviees. Service Charms Service Chase 131.89 nirtcaoe Inenrance 9.0 Crt&t Report 22.00 ^t,.x F.o_ated Service 85.30 Flwd Deteraination 18.00 4. Title services acrd Indo•a tole issuance This charge includes the services of a title or settlement agent, for example, and title buarance to protect the lender, if required. 953.82 S. Owner' a title insurance You my parchase an owner's title hmu mce polky to protect your interest in the 0.00 6. Required services that you can shop for These charges are for other services that are required to conVkte your settlement. We an Identify providers of time services or you an shop for them yourself. Our estimates for providing these services are below. Service Charm Service Chu 335.00 a'lr'lP�• � �. n.� I 7. Government recording charges These charges are for mute and local fees to record your loan and tide docun em. 233.:0 ti. Traoder taxes These charlies are for state and local fees on traryAmes and home sales. 347.90 9. Iaitiel deposit for yaw escrow account This charge Is bell in an escrow account to pay future recurring charges an your prgwiy and Imrludes ® all property taxes, fl all insurance, and D other WAS 10. Daily interest charges Tib charge is hir the. daily interest an your loan from the day of your settlement tadil the first day of the next month or & first day of your normal marc%% payramm cycle. This amram Is S 17.1 far 1 7 de if vour setrkmem is 07^9,18 10.16 11. Homeowner's insurance This charge is fer the Lmrrana you mat buy for the property to protect from a lass, such as fire. Policy Chum POHW Char 0.00 © I Your Charges for AN cher Seitlettwd Swim S 2,965 M+[j] — S z,71e.s2 173955190 0093512303 021C4/2016 17:42:15 vM e, ta:eaa tauoaF13 . ► r1/t710a weaen tames FPririr snvteae l` l d Pop 2 3 N1P1,e r (11003).02 Page 50 of 305 Instructions This GFE nett ale s yam Wilma( charge. Al yam Sudemeat. yea WO rwdve a HUD -1. a form Art Buts your adaal ants. Compare the charge on the HUD -1 wkk Ara charge on dds GFE. Charges can change 9you Ided your own pmNder and do not ase Are atmpades we idandlja (See Wow tar debhj Understanding S 98.8?3.57 S S which charges Year Wold Interest ale 1 can change at % % settlement par UVOWN Charge S : You credit or dmrge (pniots) for the No dwr Sped& Ink" rate chosen (aAar}ou Change IN to Inamm you win pay W settlement wtih dds Interest rase kokin yv r inearwtraae) Your IWAemem dnnges Your widemem rouges wnl he redo"d by wBl iareaae by S S Yam Ousted wo otba daeges &A S ..71e.•: you faetin}wrsmeat cera) Traater tares Using the tradeoff table Ragntead aeevkes tot we select TIAe ser Am and lender's doe boaaaoe Ofm&do ormaryoo are maapader -ido*) Owner's tele Im. am (ifD30 conpanfar -�'>� Regrind serAm tot yea can shop for (If)ou ase arrquom we idinuM Govrnenem recording dories IAdred ter Am abet you era shop for WMm do ant ae conp w o e .itmc4') We mWen and lender's Ade Ceaatanee (sf)ea do nal nee aonpaafm aeidWd#) Owner's We laaraore (rf."m do not nee awpsaW me idwaW Lddd depedt for your Sao= aemaot Daly hMenst charges Hometwroer's fmmWe In Ads GFE, we offered you Olds loan with a park dr immW rate and esdamed widuaee charges. However: H you want t0 choose dis aunty loan with low aaWamat d ria, than you wiB have a higher htaat rota U you want In dwose dds same ban with a loom intreut rates thea you win have higher nlilemant dwW ff you mould lite to choose au avanable op on. you aur auk an be a new GFE. Loan a *mtm baro d6v apeua to uau rkro &6 taWo pkam &* kv &di dvnd LeAtmMko WOO tahk is nor moldered FW an a.gannva rate tuan. Me anveruffle &Done are for de miest inreresr rate before ag.Asonrnrs are ande Using the Use tbis chart 10 COMWe GFks from dHferem ban OdOMara. FBI in to 1110rmatlao by uhg a dia'etem c0lai n fr each GFE you shopping Chart receive. By comps" loan offera, you can shoo for the best loan. Lou oaiighow nmw 1611W loan $MOON S Loan wren years IniIW interest rate % Initial Swriddy Maoism owed S Rate back perhid Can iowreM rate dee? Can loan Wane@ dap? Can moohly anmrm awed rise? Pn Rrdban ....a..an S If your loan is 30M hmm May — F— _..-- --- -- - sold in the future charges you euoeal paid at seW. _.W. ,or , n Y_ w-vive or Gx 173955190 0091572303 02/C1/2016 17:12:21 Geed FNrh reamas MUD•GFQ I111171M Vo�tn warty re W.W SMioa IN) ►nae 3 w 3 Vag»$F I10o3i.02 Page 51 of 305 S 98.8?3.57 S S You intiW ban sm0am Year Wold Interest ale 1 3.750 % % % Year ft"al am* WOMd Owed 5 5,7:.91 S : Change to the man* amount owed Orem dds GFE No dwr Yea Witt pay S Yea WE pay S came y mnedt ter M nnmh Change IN to Inamm you win pay W settlement wtih dds Interest rase No dwr Your IWAemem dnnges Your widemem rouges wnl he redo"d by wBl iareaae by S S How much your toad estimated settlement eharM mtRbe S ..71e.•: s S FW an a.gannva rate tuan. Me anveruffle &Done are for de miest inreresr rate before ag.Asonrnrs are ande Using the Use tbis chart 10 COMWe GFks from dHferem ban OdOMara. FBI in to 1110rmatlao by uhg a dia'etem c0lai n fr each GFE you shopping Chart receive. By comps" loan offera, you can shoo for the best loan. Lou oaiighow nmw 1611W loan $MOON S Loan wren years IniIW interest rate % Initial Swriddy Maoism owed S Rate back perhid Can iowreM rate dee? Can loan Wane@ dap? Can moohly anmrm awed rise? Pn Rrdban ....a..an S If your loan is 30M hmm May — F— _..-- --- -- - sold in the future charges you euoeal paid at seW. _.W. ,or , n Y_ w-vive or Gx 173955190 0091572303 02/C1/2016 17:12:21 Geed FNrh reamas MUD•GFQ I111171M Vo�tn warty re W.W SMioa IN) ►nae 3 w 3 Vag»$F I10o3i.02 Page 51 of 305 I CONSENTAGENDA 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-038 - Authorize the acceptance of the $300,000 in financial assistance pursuant to line item 1662A of the FY2015/2016 General Appropriations Act and authorize the City Manager to execute all documents associated with the grant award agreement #S0853 from the Florida Department of Environmental Protection, Division of Water Restoration Assistance. EXPLANATION OF REQUEST. Oceanfront Park is located at 6451 North Ocean Boulevard, Ocean Ridge, Florida; Palm Beach County. The existing rotating biological contactor wastewater treatment plant (WWTP) was constructed in 1982 for the park and the surrounding areas. At that time there was a much larger flow of wastewater. The flow has severely diminished since then due to several factors, including water conservation and population demographic shifts. As a result, the WWTP is significantly oversized and cannot treat the wastewater flow adequately. Boynton Beach (Grantee) applied for, and received, funding from the Florida Legislature in the amount of $300,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year (FY) 2015 - 2016, General Appropriations Act. The Grantee received this funding for the purpose of replacing the existing WWTP with a new energy efficient advanced treatment sewer plant that will also produce reuse water. Authority for this Project is specified in Section 403.885, Florida Statutes. Monitoring and auditing guidelines, as related to the Florida Single Audit Act, are specified in the Florida Catalog of State Financial Assistance (CSFA), No. 37.039. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Grantee will contract with professional engineers to evaluate the wastewater treatment plant (WWTP) options and prepare design drawings for a new wastewater plant. The Grantee will also contract with a contractor to construct a replacement facility for the existing WWTR The new WWTP will provide irrigation quality water and more adequately meet current water flow needs. The work will include the replacement of the existing deteriorating canopies with a new corrosion - resistant canopy system, which will include provisions to collect rain water. The rain water will be collected in cisterns and used for on-site irrigation. The Grantee will install solar panels, and may install wind turbines, to provide a portion of the electrical demand for the new wastewater facilities as part of this agreement. FISCAL IMPACT. Budgeted Grant appropriations will be tracked via account: 403-5009-535-65-04 Additional funds have been budgeted in accounts: 403-5000-535-65-04, SW 1602 ALTERNATIVES: Possible alternatives include: • Declining the grant offer and the Grantee could fund the cost of the project itself • Taking no action, but this will result in continued deterioration of the parks infrastructure and possible regulatory infractions. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 52 of 305 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: $300,000 ATTACHMENTS: Type Description D Resolution Resolution accepting GrantAward D Addendum Beach Plant Grant Agreement 50853 REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 2/22/2016 - 7:46 AM Utilities Groff, Colin Approved 2/22/2016 - 7:46 AM Assistant City Manager Pyle, Judith Approved 2/22/2016 - 4:42 PPA Finance Howard, Tim Approved 2/23/2016 - 10:36 AM Legal Swanson, Lynn Approved 2/24/2016 - 3:00 PPA City Manager LaVerriere, Lori Approved 2/26/2016 - 9:00 AM Page 53 of 305 1 RESOLUTION NO. R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING THE $300,000 IN FINANCIAL 5 ASSISTANCE PURSUANT TO LINE ITEM 1662A OF 6 THE FY2015/16 GENERAL APPROPRIATIONS ACT 7 AND AUTHORIZE THE CITY MANAGER TO SIGN 8 ALL DOCUMENTS ASSOCIATED WITH THE GRANT 9 AWARD AGREEMENT #S0853 FROM THE 10 DEPARTMENT OF ENVIRONMENTAL PROTECTION, 11 DIVISION OF WATER RESTORATION ASSISTANCE; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Oceanfront Park has an existing rotating biological contractor 16 wastewater treatment plant (WWTP) that was constructed in 1982 for the park and 17 surrounding areas during a time when there was a much larger flow of wastewater; and 18 WHEREAS, the flow has severely diminished due to several factors including water 19 conservation and population demographic shifts; and 20 WHEREAS, as a result, the WWTP is significantly oversized and cannot treat the 21 wastewater flow adequately; and 22 WHEREAS, the City applied for and received funding from the Florida Legislature in 23 the amount of $300,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year 24 (FY) 2015-2016, General Appropriations Act; and 25 WHEREAS, the Grantee received this funding for the purpose of replacing the 26 existing WWTP with a new energy efficient advanced treatment sewer plant that will also 27 produce reuse water; and 28 WHEREAS, upon recommendation of staff, the City Commission has determined 29 that it is in the best interests of the residents of the City to accept the Grant in the amount of 30 $300,000 and authorize the City Manager to sign all documents associated with the grant 31 award agreement #S0853 from the Florida Department of Environmental Protection, 32 Division of Water Restoration Assistance. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\D69074E2-E879-49A1-BFD8-6A3B54231AA3\Boynton Beach. 2865.1.Oceanfront Park WWTP Grant Award - Reso.doc Page 54 of 305 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission does hereby accept the Grant in the amount of 39 $300,000 and authorize the City Manager to sign all documents associated with the grant 40 award agreement #S0853 from the Florida Department of Environmental Protection, Division 41 of Water Restoration Assistance, a copy of which is attached hereto as Exhibit "A" 42 Section 3. This Resolution shall become effective immediately upon passage. 43 44 PASSED AND ADOPTED this day of March, 2016. 45 46 CITY OF BOYNTON BEACH, FLORIDA 47 48 YES NO 49 50 Mayor — Jerry Taylor 51 52 Vice Mayor — Joe Casello 53 54 Commissioner — David T. Merker 55 56 Commissioner — Mack McCray 57 58 Commissioner — Michael M. Fitzpatrick 59 60 61 VOTE 62 63 ATTEST: 64 65 66 67 Judith A. Pyle, CMC 68 Interim City Clerk 69 70 71 72 (Corporate Seal) C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\D69074E2-E879-49A1-BFD8-6A3B54231AA3\Boynton Beach. 2865.1.Oceanfront Park WWTP Grant Award - Reso.doc Page 55 of 305 DEP AGREEMENT NO. S0853 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE GRANT AGREEMENT PURSUANT TO LINE ITEM 1662A OF THE FY15-16 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into 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 BOYTON BEACH, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to as "Grantee"), a local government, to provide financial assistance for the Boynton Beachfront Park Sewer Treatment Plant Replacement Project. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Parry" In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby 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, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. 2. PERIOD OF AGREEMENT: This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2018, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2015 through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. FUNDING/CONSIDERATION/INVOICING: 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 $300,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. DEP Agreement No. 50853, Page 1 of 14 Page 56 of 305 B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. Changes to approved budget categories within a single deliverable that are less than 10% of the total approved deliverable budget amount will require a formal Change Order to the Agreement. Changes that are 10% or greater of the total approved deliverable budget amount, or changes that transfer funds from one deliverable to another deliverable, or changes that increase or decrease the project's total funding amount will require a formal Amendment to the Agreement. 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 B, Payment Request Summary Form. 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: htlp://www.myfloiidacfo.com/aadir/reference_ guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. 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 C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Contractual (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 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. For fixed-price (vendor) subcontracts, the following provisions shall apply: DEP Agreement No. 50853, Page 2 of 14 Page 57 of 305 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 in the paragraph above. 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. C. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, 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 and Federal 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 htlp://www.myfloridacfo.com/aadir/reference__ug ide/. F. 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 proj ect-by-proj ect 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 DEP Agreement No. 50853, Page 3 of 14 Page 58 of 305 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) are 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 State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 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: A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. B. As stated in the letter dated July 17, 2015 from the Office of the Governor, the Grantee will identify the return on investment for this project and provide quarterly updates to the Governor's Office of Policy and Budget. 6. RETAINAGE: Retainage is not required under this Agreement. DEP Agreement No. 50853, Page 4 of 14 Page 59 of 305 7. 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, Florida Statutes. 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. 8. 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 (30) calendar day's 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. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes (F.S.), and Section 24(a), Article I, Florida Constitution. D. 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 DEP Agreement No. 50853, Page 5 of 14 Page 60 of 305 industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third parry 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. 9. REMEDIES/FINANCIAL CONSEQUENCES: 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 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. 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. B. 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. DEP Agreement No. 50853, Page 6 of 14 Page 61 of 305 C. 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. 10. 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 (US GAAP) 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 the completion date or termination of the Agreement. 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. 11. SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. 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 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 E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 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 DEP Agreement No. 50853, Page 7 of 14 Page 62 of 305 DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: htlps:Hgpps.fldfs.com/fsaa 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. 12. 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 3.1). of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. 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 of Environmental Protection 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. 13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent 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; or ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or DEP Agreement No. 50853, Page 8 of 14 Page 63 of 305 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 A., 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 A. 14. 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 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. 15. COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department 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. 16. 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. 17. CONTACTS: The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below: Thomas Montgomery Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd., MS# 3505 Tallahassee, Florida 32399 Telephone No.: (850) 245-2967 E-mail Address: Thomas.Montgomery@dep. state.fl.us DEP Agreement No. 50853, Page 9 of 14 Page 64 of 305 The Grantee's Grant Manager for this Agreement is identified below: Debbie Majors City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone No.: (561) 742-6241 Fax No.: (561) 742-6011 E-mail majorsd@bbfl.us Address: 18. INSURANCE: To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and categories specified below, during the life of this Agreement. The Grantee shall provide documentation of any private insurance or self-insurance, as may be applicable to governmental entities, to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. 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, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, DEP Agreement No. 50853, Page 10 of 14 Page 65 of 305 whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. 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 D. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any other type of required insurance, 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. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions concerning required coverage should be directed to the U.S. Department of Labor (htlp://www.dol.gov/owcp/dlhwc/Iscontac.htm) or to the parties' insurance carriers. E. All 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 Procurement Administrator. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. F. If the Grantee is a Florida governmental entity that is self-funded for liability insurance, this paragraph 18.17. supersedes 18.A. through E., above. Grantee warrants and represents that it is self-funded for liability 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. 19. 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. DEP Agreement No. 50853, Page 11 of 14 Page 66 of 305 20. EQUIPMENT: Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 21. CHANGE ORDERS: The Department may at any time, by written Change Order, make any change in the Grant Manager information, task timelines within the current authorized Agreement period, or make changes that are less than 10% of the total approved deliverable budget (per Paragraph 3). All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. Any change which causes an increase or decrease in the Agreement amount, expiration date of the Agreement, or deliverable costs that are equal to or greater than 10% of the total approved deliverable budget (per Paragraph 3), shall require formal Amendment to this Agreement. 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. Reserved 24. 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 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. DEP Agreement No. 50853, Page 12 of 14 Page 67 of 305 25. LAND ACQUISITION: Land acquisition is not authorized under the terms of this Agreement. 26. PHYSICAL ACCESS AND INSPECTION: As applicable, 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; and 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. 27. EXECUTION IN COUNTERPARTS: This Agreement 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. 28. 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. 29. 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. 50853, Page 13 of 14 Page 68 of 305 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF BOYNTON BEACH STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: City Manager Date: FEID No.: 59-6000282 By: Secretary or Designee Date: Thomas Montgomery, DEP Grant Manager By: DEP QC Reviewer List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (4 Pages) Attachment B Payment Request Summary Form Q Pages) Attachment C Contract Payment Requirements (1 Page) Attachment D Progress Report Form (1 Page) Attachment E Special Audit Requirements (5 Pages) DEP Agreement No. 50853, Page 14 of 14 Page 69 of 305 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: Boynton Beachfront Park Sewer Treatment Plant Replacement PROJECT AUTHORITY: Boynton Beach (Grantee) received funding from the Florida Legislature in the amount of 5300,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year (FY) 2015 - 2016, General Appropriations Act. The Grantee received this funding for the purpose of replacing an existing sewer treatment plant on a barrier island with a new energy efficient advanced treatment sewer plant that will also produce reuse water. Authority for this Project is specified in Section 403.885, Florida Statutes. Monitoring and auditing guidelines, as related to the Florida Single Audit Act, are specified in the Florida Catalog of State Financial Assistance (CSFA), No. 37.039. PROJECT LOCATION: This project is located at 6451 North Ocean Boulevard, Ocean Ridge, Florida; Palm Beach County. The hydrological unit for this project is 03090202 and the water body identifiers are 3226F, 3226F2, and 8098. The latitude and longitude coordinates for this project are 26.529856N and -80.047704W. See Figures 1 and 2 for a location map and site plan. PROJECT BACKGROUND: The existing rotating biological contactor wastewater treatment plant (WWTP) at the oceanfront park was constructed in 1982 for the park and the surrounding areas. At that time there was a much larger flow of water. The flow has severely diminished since then due to several factors, including water conservation and population demographic shifts. As a result, the WWTP is significantly oversized and cannot treat the wastewater flow adequately. PROJECT DESCRIPTION: The Grantee will contract with professional engineers to evaluate the wastewater treatment plant (WWTP) options and prepare design drawings for a new wastewater plant. The Grantee will also contract with a contractor to construct a replacement facility for the existing WWTP. The new WWTP will provide irrigation quality water and more adequately meet current water flow needs. The work will include the replacement of the existing deteriorating canopies with a new corrosion -resistant canopy system, which will include provisions to collect rain water. The rain water will be collected in cisterns and used for on-site irrigation. The Grantee will install solar panels, and may install wind turbines, to provide a portion of the electrical demand for the new wastewater facilities as part of this agreement. IrR3IVvi"111010UA01:71H11DLT Task 1: Design and Permitting Task Description: The Grantee will procure professional engineering services in accordance with state law. The Grantee will complete the design of a replacement wastewater treatment plant and obtain all necessary permits for construction of the project. The Grantee will submit documentation of preconstruction activities, as described below. Deliverable la: An electronic copy of the draft design at 30% completion submitted to the Department's Grant Manager for review prior to submittal of the draft design at 60% completion. Performance Standard: The Department's Grant Manager will review the draft design at 30% completion to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation. Upon review and written acceptance of this submittal by the Department's Grant Manager, the Grantee may proceed with the payment request submittal for costs associated with this design document. Deliverable lb: An electronic copy of the draft design at 60% completion submitted to the Department's Grant Manager for review prior to submittal of the final design. Performance Standard: The Department's Grant Manager will review the draft design at 60% completion to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation. Upon review and written acceptance of this submittal by the Department's Grant Manager, the Grantee may proceed with the payment request submittal for costs associated with this design document. DEP Agreement No. 50853, Attachment A, Page 1 of 4 Page 70 of 305 Deliverable lc: An electronic copy of the final design, including professional certification as applicable. Upon request, the Grantee will provide a paper copy of the final design submittal. Performance Standard: The Department's Grant Manager will review the final design to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation. Upon review and written acceptance of this submittal by the Department's Grant Manager, the Grantee may proceed with the payment request submittal for costs associated with this design document. Deliverable ld: A list of all required permits identifying issue dates and issuing authorities submitted to the Department's Grant Manager. Upon request, the Grantee will provide copies of obtained permits or permit related correspondence or documentation. Performance Standard: The Department's Grant Manager will review the list of all issued permits to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation. Upon review and written acceptance of the list of all issued permits by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with permitting. Task 2: Construction Task Description: The Grantee will construct a replacement WWTP in accordance with the final design(s) and required permits. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined Interim Deliverable(s) and/or Final Deliverable(s) must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. Deliverable 2a: 1) Signed acceptance of the completed work by the Grantee, 2) Contractor's Application and Certification for Payment, 3) dated color photographs of on-going work representing time period covered in payment request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify that verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written acceptance of each interim deliverable submittal by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that submittal period under this task. Contractor's Application and Certification for Payment should include the following supporting documentation: 1. An itemized summary of the materials, labor, and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed; the amount expended for such work; the name of the person/entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially -complete designs, surveys, environmental documents and/or permit applications, drawings, and specifications (which must be made available upon request); and documentation demonstrating partial completion of construction activities. Deliverable 2b: A replacement WWTP, constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all deliverables must be received by the designated due date. DEP Agreement No. 50853, Attachment A, Page 2 of 4 Page 71 of 305 Task/ Deliverable Task Start Task End Deliverable Task or Deliverable Title Due Date/` Date Date No. Frequency 1 Design and Permitting 07/01/2015 6/30/2018 la Draft design at 30% 9/30/2016 lb Draft design at 60% 12/31/2016 lc Final design 13/31/2017 Id List of Permits 13/31/2017 2 Construction 07/01/2015 6/30/2018 Not more than 2a Interim deliverables once per month 2b Final deliverables 4/30/2018 BUDGET DETAIL BY TASK: Task No. Budget Category Budget Amount 1 Contractual Services 525,000 2 Contractual Services 5275,000 Total: $300,000 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Category Totals Grant Funding, Not to Exceed, $300,000 Contractual Services Total 8300,000 Total: $300,000 DEP Agreement No. 50853, Attachment A, Page 3 of 4 Page 72 of 305 Figures 1 & 2 Exhibit B - Site Plan DEP Agreement No. 50853, Attachment A, Page 4 of 4 Page 73 of 305 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM DEP Agreement No.: Grantee: Mailing Address: Payment Request No. Performance Period (Start date —End date): Task/Deliverable No(s). Agreement Effective Dates: Grantee's Grant Manager: Date of Payment Request: Task/Deliverable Amount Requested: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End -of -Grant Period] CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS FOR THIS REQUEST TOTAL CUMULATIVE MATCHING FUNDS Salaries/Wages $N/A $N/A $N/A $N/A Overhead/Indirect/G&A Costs $N/A $N/A $N/A $N/A Fringe Benefits $N/A $N/A $N/A $N/A Indirect Cost $N/A $N/A $N/A $N/A Contractual (Subcontractors) $ $ $ $ Travel (if authorized) $N/A $N/A $N/A $N/A Equipment Purchases (if authorized) $N/A $N/A $N/A $N/A Rental/Lease of Equipment $N/A $N/A $N/A $N/A Other Expenses $N/A $N/A $N/A $N/A Land (if authorized) $N/A $N/A $N/A $N/A TOTAL AMOUNT $ $ $ $ TOTAL TASK/DELIVERABLE BUDGET AMOUNT Less Total Cumulative Payment Requests of: TOTAL REMAINING IN TASK $ $ $ n, $ $ $ GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Attachment B, Page 1 of 3 Page 74 of 305 Grantee's Certification of Payment Request I, , (Print name of Grantee's Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (Print name of Grantee/Recipient) El The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. El All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. El The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply: ❑ All permits and approvals required for the construction, which is underway, have been obtained. ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request, and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mm/dd/yy — mm/dd/yy) Grantee's Grant Manager's Signature Print Name Telephone Number Attachment B, Page 2 of 3 Grantee's Fiscal Agent Print Name Telephone Number Page 75 of 305 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). TASKIDELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST" column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT'line. Enter the amount of the task on the "TOTAL TASK BUDGETAMOUNT°' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OE' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL TASK BUDGET AMOUNT" for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS' line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT" line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OE' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OE' from the "TOTAL TASK B UDGET AMOUNT" for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Attachment B, Page 3 of 3 Page 76 of 305 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts 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: hM2://www.fldfs.com/aadir/reference_guide.htm Attachment C, Page 1 of 1 Page 77 of 305 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Attachment D, Page 1 of 1 Date Page 78 of 305 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" 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 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/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. In the event that the recipient expends 5500,000 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. EXHIBIT 1 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. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, 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. If the recipient expends less than 5500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than 5500,000 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, 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 httu:HI2.46.245.173/cfda/cfda.html. Attachment E, Page 1 of 5 Page 79 of 305 PART IL• STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of S500,000 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 1 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 II, 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 S500,000 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 S500,000 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 hM2s://apps.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.cfml 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.state.fl.us/audgen. 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 required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: Attachment E, Page 2 of 5 Page 80 of 305 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: FDEPSingleAudit&dep. state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, 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 http://harvester.census. ovg /fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, 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: FDEPSingleAuditk,,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: FDEPSingleAudit&dep. state.fl.us Attachment E, Page 3 of 5 Page 81 of 305 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: FDEPSingleAuditk,,dep. state. fLus 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, 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, 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. 17RNIIMAND[KUIRUR0 0Mel0Ulei 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 Attachment E, Page 4 of 5 Page 82 of 305 0 O Q F" Ucz � � U ro �. �O z u cz U U � � U cz U JR U ,c U u O a' cz o u Q. ro U O � ¢ cz O U :� U c� O cz �w o O Ij c rte -- N U cct 'C f� U � M O cz u � U O \p N ¢ O w LO O ('7 4- 0 co 0 ctro cz �I SO. � a w •O � O is � O O ^C � Q � O U O U NO W O S.i � �i O ��I U O U U Q � O �I Q a Com.) V] cUC N w �U 'O cz U O � Fr CC � U w 0 U �i w � SV. g o � O Q S. 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CONSENTAGENDA 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-039 - Authorize the City Manager to sign a three-year master agreement for the Platinum Premier Service Agreement with ThyssenKrupp Elevator for elevator annual inspections and service/repairs in all eight (8) City facilities upon City Attorney review and approval. The agreement is based on the TCPN Contract #5042 and has an annual cost the first year of $26,988.12. EXPLANATION OF REQUEST: AGREEMENT PERIOD: March 1, 2016 to February 28, 2019 ThyssenKrupp was previously awarded contracts for annual inspections and service/repairs for nine ( 9) two - stop elevators at eight (8) City facilities/locations. The pricing is based on the TCPN Contract #R5042. Over time some of the various facility/locations have ended up with different agreement terms that has caused some difficulty in managing this service agreement. City Staff conducted a conference with representatives of ThyssenKrupp to resolve issues regarding contract termination and charges for service, the result of which was a tentative agreement to consolidate all individual contracts into one master agreement. With this master service agreement all elevators at all facilities/locations will be covered for the same time period and under one agreement. The City locations are: City Hall Utilities Administration Utilities West Plant Library Childrens Museum Fire Station #5 Intracoastal Park Sims Center Previous years expenditures for elevator maintenance agreement: FY 14/15 $ 33, 875.00 FY 13/14 $ 33, 750.00 There is no automatic renewal of this agreement but the agreement does provide for extension by mutual written agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The State of Florida requires that elevators be registered annually with a Certificate of Operation and compliance requires that each elevator be under maintenance/service contract and undergo annual testing. Failure to meet these requirements would result in having to lock down each affected elevator at the first floor stop which could hinder accessibility to the upper Page 84 of 305 floors. FISCAL IMPACT. Budgeted Funds are included in the approved FY15/16 budget in the general and utility funds. ALTERNATIVES: Shut -down the elevators. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Agreement D Agreement REVIEWERS: Department Legal Finance Legal City Manager Description Resolution authorizing City Manager to Sign Master Agreement with ThyssenKrupp ThyssenKrupp Agreement Platinum Sery Agreement Reviewer Action Date Swanson, Lynn Approved 2/24/2016 - 11:53 AKA Howard, Tim Approved 2/24/2016 - 12:53 PPA Swanson, Lynn Approved 2/25/2016 - 3:00 PPA LaVerriere, Lori Approved 2/26/2016 - 8:59 AKA Page 85 of 305 1 RESOLUTION NO. R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A THREE-YEAR MASTER AGREEMENT 6 FOR THE PLATINUM PREMIER SERVICE AGREEMENT WITH 7 THYSSENKRUPP ELEVATOR BASED ON THE TCPN 8 CONTRACT #5042 AND WITH AN ANNUAL COST FOR THE 9 FIRST YEAR OF $26,988.12 AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, ThyssenKrupp was previously awarded contracts for annual 14 inspections and service/repairs for nine (9) two -stop elevators at eight (8) City 15 facilities/locations; and 16 WHEREAS, Some of the various facility/locations have ended up with different 17 agreement terms that has caused some difficulty in managing this service agreement, 18 therefore; and 19 WHEREAS, City Staff conducted a conference with representatives of 20 ThyssenKrupp to resolve issues regarding agreement termination and charges for services, 21 the result of which was a tentative agreement to consolidate all individual agreements into 22 one master agreement; and 23 WHEREAS, City Staff is requesting the City Commission to authorize the City 24 Manager to sign a three-year master agreement for the Platinum Premier Service Agreement 25 with ThyssenKrupp Elevator for elevator annual inspections and service/repairs in all eight 26 (8) City facilities based on the TCPN Contract #5042 and has an annual cost the first year of 27 $26,988.12. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\EFB4FAC7-23F9-4CE8-A8BD-9E29281A4C34\Boynton Beach. 2873.1.ThyssenKrupp_Agreement_ _Reso.doc Page 86 of 305 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Section 2. The City Commission dies hereby authorize the City Manager to sign a three-year master agreement for the Platinum Premier Service Agreement with ThyssenKrupp Elevator for elevator annual inspections and service/repairs in all eight (8) City facilities based on the TCPN Contract #5042 and has an annual cost the first year of $26,988.12, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\EFB4FAC7-23F9-4CE8-A8BD-9E29281A4C34\Boynton Beach. 2873.1.ThyssenKrupp_Agreement_ _Reso.doc Page 87 of 305 THIS AGREEMENT (hereinafter "Agreement") made and entered into on this _ day of February, 2016 by and between City of Baynton Beach, Florida, a governmental municipality, having an address of (hereinafter referred to as "Purchaser"), and, ThyssenKrupp Elevator Corporation, a Delaware corporation, having an address of 7557 Central Industrial Drive Riviera Beach_ Florida 33404 (hereinafter referred to as "Contractor"). In consideration of the mutual covenants contained herein, Contractor agrees to perform the services described herein and Purchaser or its members agree to pay the amounts described herein, all on the terms and conditions set forth in this Agreement. Contractor will :maintain the elevator equipment as more particularly described on Exhibit A attached hereto and made a part hereof, on the terms and conditions subsequently set forth. We will use trained personnel directly employed and supervised by us. They will be qualified to keep your equipment properly adjusted, and they will use all reasonable care to maintain the elevator equipment in proper operating condition. We will on an as -needed and call-back basis systematically examine, adjust and lubricate as required, and, in our sale opinion, if conditions warrant, we will .repair or replace all elevator parts and devices not specifically excluded by this contract. � _ _ The Services shall be performed in a diligent and first class manner, with quality supplies, materials, equipment and workmanship and in such a manner so as to minimize the possibility of any annoyance, interference, or disruption to tenants or other occupants of the Property and their invitees_ upon completion of the Services, Contractor shall restore the Property to its original condition and shall leave the Property clean and free of all tools, equipment, waste materials and rubbish. Contractor will, at its discretion and expense, perform governor and safety tests on traction elevators or annual relief pressure tests on hydraulic elevators per local and State codes. Contractor assumes no responsibility for the operations of the governor or safety on traction elevators, or the hydraulic system on hydraulic elevators, under the terms of this Agreement, until test has been made. Should the systems not meet safety r'iTCPN Contract ## R5042 Page I of 16 Page 88 of 305 requirements, it shall be tl their cost, to make necessar a condition, which will be a of this agreement. Contras the building structure resu" Contractor w its component parts in understanding that Contra( obligated to service, make r or equipment by reason of n, equipment, loss of power, theft, vandalism, explosior storm, lightning, nuisance other cause beyond our contT the commencement date of thi covered under this agreemen performed at Purchaser's so. Contractor shall as an independent contract purpose to be an agent, sez Purchaser shall have no dir( or subcontractors in the Nothing contained herein sha such independent contractor ie responsibility of the Purchaser, at y repairs and to place the equipment in cceptable for coverage under the terms for shall not be liable for damage to _ting from this testing. .11 service Purchaser's equipment and their present condition with the Lor shall neither be required nor newals or repairs upon the elevator(s) gligence, obsolescence, misuse of the blown fuses, tripped stop switches, fire, power failure, water damage, calls or by any other reason or any. D.1, except ordinary wear and tear from agreement. Any work not specifically and excluded from coverage shall be e expense. ssume all duties under this Agreement r, and shall not be deemed for any Tant, or representative of Purchaser. ct control of Contractor, its agents, performance of the work hereunder. l be construed to be inconsistent with relationship. 4. BY HIGHLY -TRAINED M Wer, PM Contractor employed and supervised elevator technicians, who are among the most trusted in the industry, wil.1 provide all maintenance courteously and dependably. Our elevator technicians receive ongoing training in general equipment development as well. as advancements made to your specific elevators. r To help increase downtime, our technicians ut technology available to us They will be equipped with t to troubleshoot your unique elevator performance and decrease ilize the latest industry methods and for your specific brand of elevator.. he tools, documentation and knowledge system. evator2TCPN Contract ## R5042 Page 2 of 16 Page 89 of 305 Behind our technicians` is a team devoted to elevator excellence. Technicians are supported around the clock by a family of engineers and field support experts. Our North American Technical Support Facilities continuously research advancements in the Industry and in your equipment. Contractor maintains a comprehensive parts inventory to support our field operations. Replacement parts are stored throughout North America in Contractor's facilities, and are normally available as necessary. Most specialized parts are available within 24 hours, seven days a week. All replacement parts used in your elevator ;will be new or refurbished to meet the quality standards of Contractor. Contractor will perform the following services: Examine the elevator equipment for proper operation. Our examination, lubrication, and adjustment will cover_ the fallowing component groups and related equipment of your elevator system: • Control and landing ® Signal fixtures IN Machines, drives, motors, gc Power units, pumps, valves, Car and hoistway door opera Loadweighers, car l=ianies an Safety mechanisms Lubricate equipme ositioning systems ernors, sheaves, and roues id jacks rig devices and door protection equipment platforms, and counterweights for smooth and efficient performance. Adjust elevator parts and components to maximize the elevator's performance and safe operation. Relamp all ,signals as required (during regularly scheduled visits). Repair or replace components worn due to normal wear. Contractor agree, equipment as outlined in t provide a comprehensive m performance, safety, and lit to maintain Purchaser's elevator its agreement. We will. endeavor to aintenance program to maximize the e span of your equipment. TCPN Contract# 85042 Page 3 of 16 Page 90 of 305 7.1 T Contractor- agrees to and shall maintain the traction elevator equipment herein described, on the following terms and conditions 7.1.1 Contractor will use trained employees directly employed and supervised by Contractor. Such employees shall be qualified to keep the Equipment properly adjusted, and Contractor will use all reasonable care to maintain the Equipment in proper and safe operating condition. 7.1.2 Contractor will as needed regularly and systematically examine, adjust, clean and lubricate the following as required, and if conditions warrant, repair or replace the same: 7.1.2a Machine worm gear, thrust bearings, drive sheave, drive sheave shaft bearings, brake pulley and brake coil, contact _linings and component parts; 7.1.2b Motor and motor generator, motor windings, rotating element, commutator, brushes, brush holders and bearings, 7.1.2c Silicon control rectifiers, reactors, filters, heat sinks, amp traps, transducers, and all control components; 7.1.2d Control. leveling devices and ca resistors, condensers, pots, timing devices, steel selector cable c driving equipment; er, selector and dispatching equipment, is, all relays, solid state components, transformers, contacts, leads, dash computer and micro computer devices, tape, and mechanical and electrical 7.1.2e Governor, governor sheave and shaft assembly, bearings, contacts, and governor jaws; 7.1.2f Deflector or secondary sheave, bearings, car and counterweight guide, rails, top and bottom limit switches, governor tension sheave assembly, compensating sheaves assembly, counterweight and counterweight guide shoes including rollers or gibs; PN Contract # R5042 Page 4 of 16 Page 91 of 305 7.1.2g Hoistwa door guides and auxi fastening devices and components; T door interlocks and hangers, bottom liary door closing devices and all associated reinforcement in attached 7.1.2.h Hoistway entrance door sill areas beyond the entrance frame opening': will be cleaned. 7.1.2i automatic power operated door operator, car door hanger, car door contact, door protective device, car ventilation system platform, load weighing equipment, car safety mechanism, elevator car guide shoes, gibs or roller; 7.1.3 Contractor shall maintain the individual minimum performance standards defined below: 7.1.3a "Start to Stop "Time" as measured from the moment the car begins motion till the time it stops for a single floor run. 7.1.3b "Door Open Time" as measured from the fully closed door position to a Rally open stopped position. 7.1.3c "Door Close Time" as measured from the fully open door position to a fully closed stopped position. Door closing pressure shall not exceed 30 lbs.. '7.1.3d "Leveling Accuracy" as measured from car sill to landing sill at a fully stopped position under all load conditions. 7.1.3e "Rater and shall not vary by load. 7.1.9 Contrac feet per minute, the acceleration and retar, manufacturer and perfoi to maintain the origin within limits of appli revised Door Open Time of Purchaser. )eed" as the same shall be that noted re than 5% regardless of direction or or shall maintain the Rated Speed in original performance time, including ation as designed and installed by the a the necessary adjustments as required 1 Door Open Time and Door Close Time, able codes, or to adjust and maintain and/or door close Time upon direction 7.1.5 Contractor shall maintain smooth ride quality, smooth acceleration and deceleration and comfortable stop. ThyssenKrepp ElevstorST PN Contract # R5042 Page 5 of 16 Page 92 of 305 7. 1.6. Door operation shall be positive and quiet with rapid and smooth checking at limits of travel. Contractor shall annually, check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted and that the system performs as designed and installed by the manufacturer or to adjust and maintain revised settings upon direction of Purchaser. 7. 1.7 Examine periodically all safety devices and governors and conduct an annual_ no-load test. 7. 1.8 Calibrate load -weighing devices to Purchaser's selected ,settings, after annual and, as applicable, five-year safety tests are conducted. 7.1.9 Renew all wire ropes as often as is necessary to maintain an adequate factor of safety; equalize the tension on all hoist and compensation rapes, lubricate ropes appropriately and when necessary remove all residue and accumulated deposits from the rope surface and shorten ropes and chains as required to provide legal and reasonable bottom clearances. 7.1.10 Repair or replace conductor cables and hoistway and machine room elevator wiring in such a way as to :maintain the percentage of spare conductors present at the signing of this Agreement.. In no case ,shall the number of spare conductors be less than 5%. 7.1.11 Furnish lubricants compounded to the manufacturer's rigid specifications. 7.1.12 Make ether safety tests recommended or directed by all applicable governmental authorities in force at the time of the signing of this Agreement. Contractor shall not be required to install new attachments on the elevators recommended or directed by insurance companies, or by governmental authorities, nor to make replacements with parts of a different design recommended or directed by insurance companies, or by governmental authorities. 7.1.13 Coordinate all testing requiring an independent witness or inspector with the Purchaser's appointed representative. Any such tests conducted without Purchaser's witness or inspector shall be repeated at Contractor's cost. ThyssenKrupp EIevator6TC'PN Contract # R5042 Pa , -c 6 of 16 Page 93 of 305 7.1.14 Tt is agreed that Contractor shall not be required to make renewals or repairs necessitated by reason of Purchaser's negligence or Purchaser's misuse of the Equipment or by reason of any other cause beyond Contractor' s reasonable control except ordinarIV wear and tear. 7.1.15 Contractor shall also maintain, and if conditions warrant, repair or replace the following auxiliary equipment: 7.1.15a All handicap devices; 7.1.15b All elevator related earthquake devices if applicable. 7.1..16 Contractor shall have no responsibility for the following items of Equipment, which are not included in this Agreement. 7.1.19a The items of elevator equipment excluded from this contract are: the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line ,power switches, breaker, feeders to controller, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and, excluded in this agreement. Elevator signal light bulbs will be replaced during regular service calls. y.. Contractor will maintain the hydraulic elevator equipment herein described under the same terms and conditions described under 7.1 entitled "Traction Elevators", at the same are applicable to hydraulic elevators, with the following additions: 7.2.1 The items of elevator equipment excluded from this contract are: the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power switches, breaker, feeders to controller, hydraulic elevator Jack outer casing, underground ThyssenKrupp Elevator7TCPN Contract # R5042 Page 7 of 16 Page 94 of 305 piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this agreement. Elevator signal. light bulbs will be replaced during regular service calls. 7.2.2 Filters, mufflers and muffler components are included. 7.2.3 Periodically examine all safety devices and conduct pressure tests and other tests required by ANSI Al 7.1 or other applicable codes. 7.2.4 Periodically conducts an inspection of hydraulic fluid to detect contaminants and assure proper viscosity, make necessary corrections and replace fluid as required. Furnish hydraulic fluid compounded to the manufacturer's rigid specifications. 7.2.5 Clean excessive fluid leakage from pump pans, cylinder heads, machine room and pit floors. 7.3.1. ESCALATORS AND MOVING WALKS Contractor will maintain the escalator equipment herein described under the same terms and conditions described under Section 7.1 entitled "fraction Elevators", as the same are applicable to escalators, with the following additions: 7.3.1.a Controller, all relays, contacts, coils, resistance for operating and motor circuits, operating transformers and operating rectifier; 7.3.1.b Handrail, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step tread, step wheels, step chains, step axle bushings, comb plates, floor plates and tracks; 7.3.1.c Upper drive, upper drive bearings, tension sprocket bearings, upper newel bearings, lower newel bearings; 7.3.1.d All balustrade fastenings, fastenings (screws, clips, etc.); deck and trim Page 8 of 16 Page 95 of 305 7.3.1.e Skirt eels and panel finishes; 7.3.1.f Escalator under --step lighting and balustrade panel and skirt lighting; 7-3.1.g Upper and lower pit equipment spaces, pit lights, trusses and inclined truss pans. 7.3.2 Examine peri six months) all norma accordance with ANSI I inspections and tests thrust devices and goy Section 1008. If reqs; and sealed for proper dically (at intervals not longer than operating devices and equipment in 7.1, Section 1007 and conduct annual f all safety devices, brakes, step up �rnors in accordance with ANST A17..,. _red, the governor will be calibrated ripping speed. 7.3.3 Contractor shall have no responsibility for the balustrade finishes, deck and trim finishes, wedge guards and exterior truss enclosures. A The .rights and duties arising under this Agreement shall be governed by the laws of; the State in which the Property is Located. in performing the Services required under this Agreement, Contractor shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations. In the event that any portion of this Agreement is determined to be against public policy or statute, then all other provisions shall remain in full force and effect. Service under the terms and conditions of this Agreement shall be .for a non -cancelable period of three (3) years commencing on the day of , 2016, and shall thereafter be renewable upon written agreement of the parties. Time is of the essence. The - (length _ maintenance agre_ men signed under the TCPN Contract may exceed the term of the TC2, Agreement. The terms and conditions of the T'CPN Agreement ' effect at the date the maintenance agreement is signed will remai in effect for the duration of members local maintenance agreemen IS Maintenance Agreements can be as long as the TCPN members reque provided they are in accordance with local laws d regulations ThysseniKrupp Elevator9TCPN Contract # 85042 Page 9 of 16 Page 96 of 305 All work is to be performed during our regular working hours of our regular working days unless otherwise specified below. This contract includes callback service during our regular working hours. For any overtime work requested by the Purchaser, Purchaser agrees to pay us for the difference between regular and overtime labor at our usual billing rates. 10. PRICING; The price of Contractor's elevator service for the elevators and locations described herein is set forth on Exhibit "B" attached hereto and made part hereof. Payments shall be made in accordance with the terms of Exhibit "B" on a quarterly basis payable in advance. The prices set forth herein are subject to increase in the event the existing equipment is modified from its present state. A service charge of 1 !-�Q per month, or the highest legal rate allowed by law, whichever is the greater, shall apply to all delinquent accounts. Time is of the essence. The Monthly Payment Amount shall be subject to review and adjustment for maintenance agreements at the end of each 12 month period thereafter or beginning with expiration of any maintenance period on Equipment. 80° of the Agreement price shall be adjusted to reflect any increase or decrease in labor costs based on the straight time rate of elevator mechanics in the local area where the Property is located. The remaining 20© shall be adjusted to reflect any increase or decrease in material costs based on the Producer Price Index for Metals and Metal_ Products as published by the United States Department of Commerce, Bureau of Labor Statistics. Total price escalations shall be no more than 5° in any one (1) year period. Contractor shall provide thirty (30) day advance notification to Purchaser of pending price adjustment for both labor and material... Pricing ,Schedules will be adjusted annually on Jan. 1 of each year to coincide with the wage adjustments. The words "fringe benefits" mean employee benefits granted in addition to direct hourly labor rate, and include, but are not limited to, accruals for pensions, vacations, paid holidays, group life and group health insurance. Fringe benefits shall not include any direct or indirect costs based on. labor. OT PN Contract ff R5042 Page 10 of 16 Page 97 of 305 This Agreement is subject to the terms and conditions herein, all of which are hereby accepted. Contractor shall hold. harmless and indemnify Purchaser, its managing agent, and employees against all loss or liability, demands, judgments, expenses (including attorney's fees), claims or actions based upon or arising out of damages or injury (including death) to persons or property, including property owned, leased or borrowed, incurred by or; sustained in connection, with the performance of this Agreement to the extent caused by the acts, omissions, or negligence of Contractor,.. its subcontractors, managing agents, servants or employees, or baoed upon Contractor's violation of any statute, ordinance, building code or regulation. Contractor's obligations under this paragraph do not include any injuries or damages, if any, that arise out of or result from the negligence or concurrent negligence of Purchaser, its managing agent, or other indemnity. Contractor shall also indemnify Purchaser and Purchaser's managing agent against all .Liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to Contractor's employees engaged in the performance of the Services or otherwise in connection with this Agreement. Contractor shall not be liable for any damages or delays caused by acts of government, strikes, lockouts, fire, explosions, theft, floods, riot, civil commotion., war, malicious mischief, acts of God or any other cause beyond its control, and in no event shall Contractor be liable for special, indirect or consequential damages, 12. INSURANCE REOUI NTS At its sole expense, Contractor shall carry and maintain throughout the Term of this Agreement the insurance described below. Policies must be with carriers licensed to do business where the services are to be, performed. The form of the insurance shall at all times be subject to Purchaser's reasonable approval, and the carrier or carriers must be good and responsible insurance companies. The all risk and liabilities policies roust each contain a provision by which the insurer agrees that such policy T yssenKrupp EI r9ITCPN Contract ## 85042 Page I I of 16 Page 98 of 305 shall not be canceled except after thirty (30) days written notice to Purchaser. Before the start of work, Contractor shall submit to Purchaser a Certificate of Insurance showing that all insurance requirements have been met. If any policy expires during the term of this Agreement, is shall automatically be renewed and a new Certificate of Insurance shall be sent immediately to Purchaser. Workers' Compensation Employer's Liability General Liability Statutory Limits $1,000,000 each accident. $1,000,000 policy limit -disease $1,000,000 disease -each employee This shall include all major divisions of coverage and be on a commercial occurrence form. It shall include premises operations, products and completed operations, contractual, personal injury, owner and contractor's protective and broad form property damage. Limits Primary: $2,000,000 each occurrence - Bl & PD $2,000,000 general aggregate $2,000,000 personal injury & adv. Injury Automobile Liability and Property Damage This shall be on an occurrence basis with a combined single limit of $2,000,000. It shall include all automobiles owned, leased, hired or non -owned. 13. PURCRASER RESPONSIBILITIES Product I?i:fo=at on. Purchaser agrees to provide Contractor with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement. Purchaser agrees to authorize Contractor to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back up of the software embodied therein. These items will remain your property. Safety. Purchaser agrees to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations. Purchaser agrees to I yssenKrupp Ele'va crl2 CPN Contract# R5042 Page 12 of 16 Page 99 of 305 report immediately any condition that may indicate the need for correction before the next regular examination. Purchaser agrees to shut down the equipment immediately upon manifestation of any irregularities in operation or appearance of the equipment, notifying us at once, and written notice within ten (10) days after any occurrence or accident in or about the elevator. Purchaser agrees to provide our personnel a safe place in which to work.. Contractor reserves the right to discontinue work in the building whenever, in their sole opinion, the personnel do not have a safe place in which to work. Purchaser agrees to provide a suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 50°F minimum to 90°F maximum. Purchaser also agrees 'to maintain the elevator pit -in a dry condition at all times. Should water or other liquids become present, you will contract with others for removal and the proper handling of such _liquids. Other. Purchaser agrees not to permit others to make alterations, additions, adjustment, or repairs or replace any component or part of equipment during the term of this agreement. Purchaser agrees to accept our judgment as to the means and methods to be employed for any corrective work under this agreement. In the event of the sale, lease or other transfer of the elevators) or equipment described herein, or the premises in which they are located, Purchaser agrees to see that such successor is made aware of L -his agreement and assumes and agrees to be bound by the terms hereof for the balance of the agreement, and subject to termination herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the agreement. terms Not Covered... Contractor does not cover cosmetic, construction., or ancillary components of the elevator system, including the finishing, .repairing or replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, intercommunication devices, security systems not installed by us, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this agreement. 1 Waiver of any breach or failure to enforce any of the terms of conditions of this Agreement at any time shall not limit Thyssen Krupp Elevatorl3TCPN Contract ff 85042 Page 13 of 16 Page 100 of 305 or waive either party's ri strict compliance with ever, Course of conduct or faill- waiver of any written provi 15. NOTICE Every notice or of party to the other with res by personal delivery of to certified mail postage addressed as hereinafter pr herein, the time period in. 5 communication must be made, earliest to occur of (a) receipt, or attempted deliv (b) if given by telecopy, transmitted and confirmat.ic thereof is received; and (c date of receipt or delivex notices and other communic addressed to the parties' ac Jeff jaudes National Accounts Manager Thyssenkrupp Elevator Corporation 114 Town Park Drive, Suite 300 Kennesaw, GA 30144 4hts thereafter to enforce or compel term and condition of this Agreement. ce to enforce shall not constitute a Sion of this Agreement Fier communication to be given by either sect to this Agreement, shall be given Zecopy or United States registered or orepaid, return receipt requested, uvided. Except as otherwise specified rhich a response to any notice or other if any, shall commence to run on the Lf by personal delivery, the date of ury, if such communication is refused; the date on which such telecopy is n of delivery, or attempted delivery, ) if sent by mail (as aforesaid) , the y is refused. Until further notice, ations under this Agreement shall be ldress listed on the first page hereof. Scott Silitsky ThyssenKrupp Elevator Corporation 114 Town Park Drive NW, Suite 300 Kennesaw, CA 30144 Attn: National Account Contract Administrator 16. FEDERAL PROVISIONS/ACTS: Contractor shall comply with provisions of Executive Orders 11246, 11375, 11758, Section 503 of the rehabilitation. Act of 193, Vietnam Era Veteran's Readjustment Act of 1974, 38 U.SoC. 4212 and 41 CFR Chapter 60. Contractor shall support Equal Employment Opportunity and Affirmative Actions Compliance programs. Contractor covenants and agrees to comply in all respects with the Immigration Reform and Control Act of 1986 (PL99-603) and all rules and regulations adopted pursuant thereto, and agrees to indemnify and hold Purchaser harmless of Thyssan Crupp EI watorl TCPN Contract # R5042 Page 14 of 16 Page 101 of 305 and from any claims and/or demands asserted against Purchaser and/or any costs or expenses suffered or incurred by Purchaser, including attorney's fees, as a result of Contractor`s failure or alleged failure to comply with such Act, rules and regulations. 17. Purchaser's acceptance of this agreement and its approval by an executive officer of Contractor will constitute exclusively and entirely the agreement for the service herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should Purchaser's acceptance be in the form of a purchase order or similar document, the provisions, terms and conditions of this agreement will govern in the event of a conflict. This proposal and contract is hereby accepted. 18. The terms and conditions of Florida Statute 119.0701 (Contracts, public records) are made a part of this agreement as though said Statute has been set forth, herein at length, and the parties agree to fully comply with said provisions.. The parties to this agreement ldrowi gly and voluntarily waive trial by jury and do hereby agree and consent that the venue for any proceeding or lawsuit, through, by or under the teras of this agreement, including non-payment or breach of contract shall be in the County ofMiarni-Dade and State of Florida. Non-payment of any ar agreement shall be considered a mate this agreement, or the failure to pay agreement within forty-five (45) days will automatically lapse and the contr all suras due or to become due in the 1 the agreement, accelerated due and pa; fully paid, the contractor shall be disel the terms of this agreement.. int due ThyssenKrupp Elevator Corporation under this breach of the agreement. In the event of a breach of amount due or to become due under the terms of this m its billing date, all repair, replacement and services )r at its option may cancel this agreement and declare re under this agreement for the full unexpired ten-1of le in full as and for agreed damages, and until same are ed and released from any obligations or liability under 5TCPN Contract # R5042 Page 15 of 16 Page 102 of 305 2 1. ATTORNEY'S FEES. In the event of any litigation involving the terns and conditions of this agreement, or to collect any sums which may be due hereunder, including lost profits or liquidated damages, the successful party in any such litigation will be entitled to an award of reasonable attorney's fees, including, but not limited to any appellate action. ACCEPTED: Signature of Authorized Individual TITLE THYSSENKRUPP O. BY: TITLE DATE: Name r ��. BY. Name TITLE Account Manager ELEVATORTHYSSENKRUPP CORP. BY: Jeff Jaudes Name TITLE National Account Mana__er DATE: TCPN Contract # 85042 Page 16 of 16 Page 103 of 305 Purchaser: City Of Boynton Beach 124 E Woolbright Rd Boynton Beach, FL 33435-6040 Hereinafter referred to as "Purchaser", "you", and "your". By: ThyssenKrupp Elevator Corporation 7567 Central Industrial Dr Riviera Beach, FL 33404 Phone: 561-842-5761 Fax: 866-296-9716 www.thyssenkruppelevator.com Hereinafter referred to as "ThyssenKrupp Elevator Corporation", "ThyssenKrupp Elevator", "we", "us" and "our". ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment described below in accordance with this agreement. We will endeavor to provide a comprehensive maintenance program designed to protect your investment and maximize the performance, safety, and life span of the elevator equipment to be maintained. Equipment To Be Maintained Building Name Building Location Manufacturer Type Of Unit Unit ID # Of Stops BOYNTON BEACH 120 E BOYNTON BEACH Dover Hydraulic 41498 2 MUNICIPAL BUILDING BLVD BOYNTON BEACH 120 E BOYNTON BEACH Dover Hydraulic 41499 2 MUNICIPAL BUILDING BLVD INTRACOASTAL PARK 2240 N FEDERAL HWY Dover Hydraulic 92937 2 PAVILLION WILSON PARK 225 NW 13TH AVENUE Dover Hydraulic 93049 2 BOYNTON BEACH 208 S SEACREST BLVD Dover Hydraulic 87581 2 LIBRARY BOYNTON BEACH FIRE 2080 HIGH RIDGE ROAD Dover Hydraulic 95727 2 RESCUE 1913 SCHOOLHOUSE 141 E OCEAN DRIVE Dover Hydraulic 54426 2 MUSEUM WEST WATER PLANT 5469 W BOYNTON BEACH Dover Hydraulic 46528 2 BLVD ThyssenKrupp Elevator Americas Page 104 of 305 BOYNTON BEACH 124 E WOOLBRIGHT ROAD Dover Hydraulic 57136 2 OPERATIONS Thyssen Krupp Elevator Americas Page 105 of 305 Preventative Maintenance Program VV*will service your equipment described in this agreement on a regularly scheduled basis. These service visits will be performed during normal business working days and hours, which are defined as Monday through FrkJay, 8:00 AM 0n4:30 PM (except scheduled holidays). All work performed before orafter normal business working days and hours shall be considered "Overtime". ThyononK/uppElevator will perform the following services: Examine your elevator equipment for optimum operation. Our examination, lubrication and adjustment will cover the following components o[your elevator system: o Control and landing positioning systems o Signal fixtures o Machines, drives, motors, governors, sheaves, and wire ropes o Power units, pumps, valves, and jacks o Car and hoiah*aydoor operating devices and door protection equipment o Lnadwaighom.car frames and platforms, and counterweights o Safety mechanisms Lubricate equipment for smooth and efficient performance Adjust elevator parts and components to maximize performance and safe operation Full Coveracie Parts Rel2air and Replacement ThyssenKrupp Elevator will provide full coverage parts repair and/or replacement for all components worn due to normal wear, unless specifically excluded in the ^|hemo Not Covered" or"Other Conditions" provisions herein. We maintain a comprehensive peda inventory hysupport our field operations. All replacement parts used in your equipment will be new or refurbished to meet the quality standards ofThyooenKmpp Bowahn/. Most specialized parts are available within 24 hours, seven days aweek. We will relamp all signals as required (during regularly scheduled visits). Maintenance Control Proaram ThyssenKrupp Elevator performs service in accordance with A17.1 — 2010 / CSA B44-10. Section 8.0ofthe code requires the unit owner bz have a Maintenance Control Program ([NCP). ThyaaenKmpp'o MCP mao10 or exceeds all requirements outlined in 8aohon 8.6. The Maintenance Control Program includes ThynuenKrupp Elevators Maintenance Tasks & Records documentation which shall beused tnrecord all mainhenance, n*paim, replacements and tests performed onthe equipment and is provided with each unit as required by code. ThyssenKrupp Elevator also provides per Section 8.6 of the code, a maintenance tasks procedures manual with each unit; TKE calls this manual the BEEP Manual, or Basic Elevator, Escalator Procedures Manual. We do not perform any tests unless such tests are specifically listed as included elsewhere in this agreement. Quality Assurance To help increase elevator performance and decrease dmwndme, our technicians utilize the latest industry methods and technology available to us for your specific brand of elevator. They will be equipped with our tools, documentation and knowledge totroubleshoot your unique nyXem, as well as access to e comprehensive porta replacement inventory system. Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by o team of engineers and field support experts, Our North American technical support facilities continuously research advancements in the industry and in your equipment. Also, our internal quality control program ensures optimum and reliable operation cfyour elevator equipment. To assure that quality standards are being maintained, we may conduct periodic field quuUh/ audit surveys. Your H*va/o,wa.nta^aocr^o,eemon� /x1»11 Page un'11 2016'25)s05d Ac/^./2nnxv0 Page 106 of 305 dedicated ThyssenKrupp Elevator representative will be available to discuss your elevator needs with you in all aspects of service and modernization. In addition, you may receive recommendations for upgrades that will also provide you with budget options designed to enhance the appearance, performance and safety of or meet Code requirements for your equipment over time. Service Requests During Normal Working Days and Hours Service requests are defined as any request for dispatch of our technician to the location of the equipment covered in this agreement from one or more of the following: you or your representative, the building or building's representative, emergency personnel, and/or passengers through the elevator's communication device and/or from Vista Remote Monitoring through the elevator's communication line. Service requests include minor adjustments and response to emergency entrapments that can be accomplished in two hours or less (excluding travel time) and do not include regularly scheduled maintenance visits. We will respond to service requests during normal business working days and hours, as defined above, at no additional charge. Overtime Service Requests On all overtime service requests, we will absorb straight time and overtime premium expenses. Overtime service requests are performed before or after normal business working days and hours. ❑ Service History Website: This agreement includes Premium access to ThyssenKrupp Elevator's website in accordance with the following terms and conditions. During the term of this Agreement, ThyssenKrupp Elevator agrees to provide Purchaser with a user name and password to ThyssenKrupp Elevator's website for access to maintenance and service call data generated following the effective date of this Agreement. Purchaser shall, at its sole cost, provide and ensure the functioning integrity of its own hardware, software and internet connection necessary to access the website. By executing this Agreement, Purchaser acknowledges that any work performed by ThyssenKrupp Elevator modernization and/or construction personnel may not be included or accessible on the website. ThyssenKrupp Elevator reserves the right to restrict access to the website if any of Purchaser's accounts with ThyssenKrupp Elevator has an outstanding unpaid balance greater than 30 days or in the event of anticipated or pending litigation of any kind. THE WEBSITE IS PROVIDED TO CUSTOMER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THYSSENKRUPP ELEVATOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TILE AND NON -INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THYSSENKRUPP ELEVATOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE CP WILL BE ACCESSIBLE TO CUSTOMER, ACHIEVE ANY INTENDED RESULTS, MEET CUSTOMER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL THYSSENKRUPP ELEVATOR OR ITS AFFILIATES, BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE WEBSITE OR FOR THE ACT OF ANY THIRD PARTY INCLUDING THE INCORPORATION OF A VIRUS, SPYWARE OR ANY OTHER MALICIOUS PROGRAMS. 2 ThyssenKrugQ Communications (Check box if included) ThyssenKrupp Communications is ThyssenKrupp Elevator's 24-hour telephone monitoring and emergency call service. I ev21or Maintenance Agreement 1K 11/11 Paye 4 o1 11 2016-253051 - ACIA-12RHKVn Page 107 of 305 Our representatives are trained to handle elevator calls and they can assess the situation and quickly dispatch a technician when necessary. If needed, they can stay on the line to reassure a stranded passenger that help is on the way. ThyssenKrupp Communications maintains digital recordings and computerized records of the time, date, and location of calls received and action taken for the benefit of passengers and building owners. Special considerations regarding ThyssenKrupp Communications are set forth below. Through its centralized ThyssenKrupp Communications call center, ThyssenKrupp Elevator will provide 7 days per week, 24 hours per day, 365 days per year dispatching service for calls placed by Purchaser after normal business working days and hours to the local ThyssenKrupp Elevator branch office and telephone monitoring on all elevator(s) maintained under this Agreement that have operational telephone equipment capable of placing a call to that call center. Depending on the nature of the call and circumstances, ThyssenKrupp Elevator's operators can call one or more of the following: Purchaser's Designated Contacts set forth in Section 2 below; Local Emergency Services at phone numbers provided by Purchaser in Section 3 below; and/or a local ThyssenKrupp Elevator service technician to be dispatched to the location of the equipment. Purchaser hereby acknowledges that as a condition precedent to ThyssenKrupp Elevator's placement of calls to Purchaser's Designated Contacts and any Local Emergency Services under this Agreement, Purchaser must first complete Sections 1 and 2 below. Purchaser further acknowledges that it is Purchaser's sole responsibility to advise ThyssenKrupp Elevator immediately in writing of any changes to the information contained in those two (2) sections during the term of this Agreement. Purchaser acknowledges that no revision to that information will be made without ThyssenKrupp Elevator first receiving such request in writing from Purchaser's authorized representative. Under those circumstances where ThyssenKrupp Elevator is unable to reach Purchaser's Designated Contacts set forth in Section 2 below, Purchaser hereby gives ThyssenKrupp Elevator express permission to dispatch a ThyssenKrupp Elevator service technician to the location of the equipment at Purchaser's expense in accordance with ThyssenKrupp Elevator's applicable billing rates. Purchaser further agrees that ThyssenKrupp Elevator does not assume any duty or responsibility to advise any caller, regardless of his or her location within or outside the elevator, to take or not take any specific action resulting from a medical or other emergency or any other situation including, but not limited to, entrapment of persons, evacuation, repair or return to service of any equipment. In the event that a ThyssenKrupp Elevator call center operator perceives that a call from within the elevator constitutes a medical or other emergency, Purchaser hereby gives ThyssenKrupp Elevator the express permission to call Local Emergency Services at the telephone numbers provided by the Purchaser in Section 3 below at ThyssenKrupp Elevator's sole discretion. Under those circumstances, Purchaser agrees to pay all related charges for services provided by any Local Emergency Services in response to that call. Purchaser agrees that ThyssenKrupp Elevator shall not be responsible for ensuring an appropriate (or any) response by Local Emergency Services to that call. None of the services described anywhere in this Agreement includes maintenance of any type or kind of the Purchaser's telephone or other communication equipment. The Purchaser retains possession and control of its telephone and other communication equipment and is responsible for ensuring uninterrupted operation of that equipment so that it is capable of placing a call to ThyssenKrupp Communication's call center. Hevatrx rvlainlenamce Agieemenl I K 11/11 Page I., o' 11 2016-253051 - ACIA-12RHKV0 Page 108 of 305 ThyssenKrupp Communications Contact Information -To Be Completed by Purchaser Section 1, Elevator Detail: Total number of elevators in Building Elevator # Elevator Telephone Number includingElevator Area Code # Elevator Telephone Number including Area Code Section 2, Purchaser Designated Contacts: In the event of an emergency, or perceived emergency affecting the equipment covered by this Agreement, the Purchaser designates the following as its decision-making contacts: Contact Name Title Primary Telephone # Secondary Telephone # 1 2 3 Section 3, Local Emergency Services Contact Information: Phone # for Local Police Department: Phone # for Local Fire Department: ( ) Section 4, Purchaser's Special Instructions: The following are special instructions provided by Purchasers with respect to the information supplied above: ® Periodic Safety Testing (Check box if included) ThyssenKrupp Elevator will test your equipment in accordance with those periodic testing requirements as outlined in the American National Safety Code for Elevators and Escalators, ANSI A 17.1, which are in effect at the time this agreement is executed. In the event that the state, city or local governing authority in which the equipment is located has adopted different requirements, ThyssenKrupp Elevator will test your equipment in accordance with those periodic testing requirements in effect at the time this agreement is executed. You agree to pay for any costs of the inspector and/or inspection fees. Special Considerations regarding periodic safety testing are set forth below. ev :for ivt inienance. Aareenienl 1 K 11,111 ha()e 6 0` 11 2016-2530SA - ACIA-12RHKV0 Page 109 of 305 Product Information You agree to provide ThyssenKrupp Elevator with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement (exception: we will supply all of the above for new ThyssenKrupp elevators at no additional cost). You agree to authorize us to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back-up of the software embodied therein. These items will remain your property. Safety You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations. You agree to immediately report any condition that may indicate the need for correction before the next regular examination. You agree to immediately shut down the equipment upon manifestation of any irregularities in either the operation or the appearance of the equipment, to immediately notify us, and to keep the equipment shut down until the completion of any repairs. You agree to give us immediate verbal notice and written notice within ten (10) days after any occurrence or accident in or about the elevator. You agree to provide our personnel with a safe place to work. You agree to provide a suitable machine room, including secured doors, waterproofing, lighting, ventilation, and appropriate air temperature control to maintain that room at a temperature between 50°F and 90°F. You also agree to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will contract with others for removal and the proper handling of such liquids. We reserve the right to discontinue work in the building whenever, in our sole opinion, our personnel do not have a safe place to work. You also agree that if ThyssenKrupp Elevator's inspection of a piece of equipment serviced under this agreement reveals an operational problem which, in ThyssenKrupp Elevator's sole judgment, jeopardizes the safety of the riding public, ThyssenKrupp Elevator may shut down the equipment until such time as the operational problem is resolved. In that event, ThyssenKrupp Elevator will immediately advise you in writing of such action, the reason for such action, and whether any proposed solution is covered by the terms of this agreement. Other You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of the equipment during the term of this agreement. You agree to accept our judgment as to the means and methods employed by us for any corrective work under this agreement. Since ThyssenKrupp Elevator's top priority is the satisfaction of its customers, if you should have any concern(s) with the means and methods used to maintain or repair the equipment covered under this agreement, you agree to provide us with written notice of that concern and give us thirty (30) days to respond either in writing or commence action to appropriately resolve it. In the event of the sale, lease or other transfer of the ownership or management of the premises in which the elevator(s) or equipment described herein are located, you agree to see that such transferee is made aware of this agreement and agrees to assume and/or be bound by the conditions hereof for the balance of the unexpired term of this agreement. Should the transferee fail to assume this agreement, you shall remain liable for all unpaid amounts, including those owed for the balance of the current unexpired term of this agreement. In consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree, to the fullest extent permitted by law, to indemnify, defend, save harmless, discharge, release and forever acquit ThyssenKrupp Elevator Corporation, our employees, officers, agents, affiliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings brought against ThyssenKrupp Elevator, our employees, officers, agents, affiliates and subsidiaries for loss, property damage (including damage to the equipment which is the subject matter of this agreement), personal injury or death that are alleged to have been caused by the Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation or condition of the equipment covered by this agreement, or the associated areas surrounding such equipment. Your duty to indemnify does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this agreement), personal injury or death is determined to be caused by or resulting from the negligence of ThyssenKrupp /-levator Miaintenance Acifeemen( 1K 11/11 PIge7W11 20116-25305/1 - a,CIA-12RHM/0 Page 110 of 305 Elevator and/or our employees. You recognize that your obligation to ThyssenKrupp Elevator under this clause includes payment of all attorney's fees, court costs, judgments, settlements, interest and any other expenses of litigation arising out of such claims or lawsuits. Insurance You expressly agree to name ThyssenKrupp Elevator Corporation along with its officers, agents, affiliates and subsidiaries as additional insureds in your liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure ThyssenKrupp Elevator Corporation, along with its officers, agents, affiliates and subsidiaries for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the sole negligence or responsibility of ThyssenKrupp Elevator Corporation and/or its officers, agents, affiliates and subsidiaries. Such insurance must specify that its coverage is primary and non-contributory. You hereby waive the right of subrogation. Items Not Covered We do not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing, or replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, swing door hinges and closing devices, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, below ground or unexposed hydraulic elevator system, including but not limited to, jack cylinder, piston, PVC or other protective material; below ground or unexposed piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, all communication and entertainment devices, security systems not installed by us, batteries for emergency lighting and emergency lowering, air conditioners, heaters, ventilation fans, pit pumps and all other items as set forth and excluded in this agreement. Other Conditions With the passage of time, equipment technology and designs will change. If any part or component of your equipment covered under this agreement cannot, in our sole opinion, be safely repaired and is no longer stocked and readily available from either the original equipment manufacturer or an aftermarket source, that part or component shall be considered obsolete. You will be responsible for all charges associated with replacing that obsolete part or component as well as all charges required to ensure that the remainder of the equipment is functionally compatible with that replacement part or component. In addition, we will not be required to make any changes or recommendations in the existing design or function of the unit(s) nor will we be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, governmental agencies or authorities, or any other third party. Moreover, we shall not be obligated to service, renew, replace and/or repair the equipment due to any one or more of the following: anyone's abuse, misuse and/or vandalism of the equipment; anyone's negligence in connection with the use or operation of the equipment; any loss of power, power fluctuations, power failure, or power surges that in any way affect the operation of the equipment; fire, smoke, explosions, water, storms, wind, lightening, acts of civil or military authorities, strikes, lockouts, other labor disputes, theft, riot, civil commotion, war, malicious mischief, acts of God, or any other reason or cause beyond our control that affects the use or operation of the equipment. You expressly agree to release and discharge us and our employees for any and all claims and/or losses (including personal injury, death and property damage, specifically including damage to the property which is the subject matter of this agreement) associated therewith or caused thereby. ThyssenKrupp Elevator shall also automatically receive an extension of time commensurate with any delay in performance caused by or related to the aforementioned and you expressly agree to release and discharge ThyssenKrupp Elevator from any and all claims for consequential, special or indirect damages arising out of the performance of this agreement. In no event shall ThyssenKrupp Elevator's liability for damages arising out of this agreement exceed the remaining unpaid installments of the current, unexpired term of this agreement Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no responsibility for the day-to-day operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of this agreement until the test has been completed and the equipment passed. Should the respective system fail any of those tests, it shall be your sole responsibility to make Plevator iMahOenance Auieer-ienl 1 K 11111 Page f o` 11 2016-263051 - ACIA-12RHKVO Page 111 of 305 necessary repairs and place the equipment in a condition that we deem acceptable for further coverage under the terms of this agreement. We shall not be liable for any damage to the building structure or the elevator resulting from the performance of any safety tests we perform at any time under this agreement. If during the initial firefighter's service test, that feature is found to be inoperable, you shall be responsible for all costs associated with necessary repair(s) to bring the elevator(s) into compliance with the applicable elevator codes in your local jurisdiction. In the event an Attorney is retained to enforce, construe or defend any of the terms and conditions of this agreement or to collect any monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. You hereby waive trial by jury. You agree that this agreement and the rights and duties of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. You further agree that venue for any action, whether at law or equity, arising out of this agreement shall properly be Miami -Dade County, Florida. You consent to the jurisdiction of the courts, both state and federal, of Miami -Dade County, Florida for any action arising out of this agreement. In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute, such finding shall not affect the validity or enforceability of any other portion of this agreement. Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or any of its other rights shall not be construed as a waiver of any of its rights under this agreement. Price. The price for the services as stated in this agreement shall be Two Thousand Two Hundred Forty Nine Dollars and One Cents ($2,249.01) per month, excluding taxes, payable Quarterly in advance. Term This agreement is effective for Sixty (60) month(s) starting upon acceptance and is non -cancelable. To ensure continuous service, this agreement will be automatically renewed for successive Sixty (60) month periods, unless either party timely serves written notice upon the other party of its intention to cancel renewal at least ninety (90) days but not more than 120 days before the end of the initial Sixty (60) month period, or at least ninety (90) days but not more than 120 days before the end of any subsequent Sixty (60) month renewal period. Notice shall be sent by certified mail, return receipt requested to the address set forth on page 1 of this agreement. Time is of the essence. Annual Price Adjustments Since our costs to provide you with the service set forth in this agreement may increase, we reserve the right to adjust the price of our service under this agreement accordingly. In the event this occurs, we will adjust your monthly price based on the percentage change in the average rate paid to elevator examiners. This rate paid to elevator examiners consists of the hourly rate paid to examiners plus fringe benefits and union welfare granted in place of or in addition to the hourly rate. Fringe benefits include pensions, vacations, paid holidays, group insurance, sickness and accident insurance, and hospital insurance. We also reserve the right to make additional adjustment to the price of our service under this agreement and/or enact surcharges as needed to account for increased fuel prices when such increases exceed the Consumer Price Index (CPI) current rate. We also reserve the exclusive right to make additional adjustment to the price of our service under this agreement in the event that the equipment covered by this agreement is modified from its present state. Hevaloi Mainlei Cance Agreerieni IK 11/11 Page 9 o` 11 20116-25305! - ACIA-12RHKV0 Page 112 of 305 Early Payment Discount You may elect to pay in advance for twelve (12) months of service described in this agreement. Such a pre -payment entitles you to a 3% discount from the annual price in effect at the time of payment. Qverdue Invoices A service charge of 1'/2% per month, or the highest legal rate, whichever is more, shall apply to all overdue accounts you have with ThyssenKrupp Elevator that are in any way related to your equipment described in this agreement. If you do not pay any sum due to ThyssenKrupp Elevator related to your equipment described in this agreement, regardless of whether it is billed pursuant to this agreement or any other with us, within sixty (60) days from the billing date, we may also choose to do one or more of the following 1) suspend all service until all amounts due have been paid in full, and/or 2) declare all sums for the unexpired term of this agreement due immediately as liquidated damages and terminate our obligations under this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for personal injury, death, damage to property (including damage to the equipment that is the subject matter of this agreement) or losses of any other type or kind that is in any way related the ThyssenKrupp Elevator's suspension of service. Upon resumption of service, you will be responsible for payment to ThyssenKrupp Elevator for all costs we incur that result from our suspension of service and to remedy any damage caused to your equipment during that time. Time is of the essence. Submission of Proposed Agreement when Original Agreement in Full Force and Effect In the event that Purchaser and ThyssenKrupp Elevator are parties to an existing elevator maintenance agreement at the time this proposed agreement is submitted for consideration, the existing agreement will remain in full force and effect until such time as this proposed agreement is accepted and fully executed in writing by both parties. Upon full acceptance by both parties, this proposed agreement shall supersede all prior agreements. Special Considerations No Special Considerations. F levalor Ctiiairnlenzince ATee hent K 11111 Page 10 0'` 11 2;)16-2530154-AC1A-12RHKV0 Page 113 of 305 Acceptangg Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively and entirely the agreement for the nnnvioen herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both partiea.Shou|d your acceptance be in the form of purchase order orother similar dooument, the provisions of this agreement will guvenn, oven in the event ofa conflict. This proposal is hereby accepted in its entirety and shall constitute the entire agreement as contemplated by you and us, This proposal is submitted for acceptance within one -hundred twenty (120) days from the Date Submitted by the ThyoaenKruppElevator representative indicated below. No agent or employee nheU have the authority to waive or modify any of the b»nnu of this agreement without the prior written approval of an authorized ThyssenKrupp Elevator manager. ThyssenKrupp Elevator City Of Boynton Beach: ThyssenKrupp Elevator Corporation Corporation: Approval: (Signature of ThyssenKrupp (Signature of (Signature of Elevator Representative) Authorized Individual) Authorized Individual) Dan Hall (Print or Type Name) David Muzzy Branch Manager Account Manager (Print or Type Title) (Date Submitted) (Date of Approv�_ij (Date of Approval /evmmMami*wncexumomeW mx/n Pace 11 r1f11 2011a-25305Ac/^.12n*xv0 Page 114 of 305 6.F CONSENTAGENDA 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 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 March 1, 2016 - "Request for Extensions and/or Piggy- backs". 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 Brenntag Mid -South Sodium Hydroxide (Caustic Soda) 025-2821-15/JMA March 2, 2016 to March 1, 2017 The Gehring Group Employee Benefits Consultant 070-1610-12/J MA April 1, 2016 to March 31, 2017 Madsen -Barr and D.S. Eakins Repairs and Emergency Services for Utilities Department 026-2821-14/J MA April 16, 2016 to April 15, 2017 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. 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 Page 115 of 305 Grant Amount: ATTACHMENTS: Action Type D Staff Report D Attachment D Attachment D Attachment D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Written Report for Extensions and/or Piggybacks Brenntag - Renewal Gehring Group - Renewal Madsen -Barr - Renewal D.B. Eakins - Renewal Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 2/23/2016 - 1:23 PPA 2/23/2016 - 1:24 PPA 2/24/2016 - 7:53 AKA 2/26/2016 - 9:01 AKA Page 116 of 305 REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT. Bevis Pigott TERM: March 2, 2016 to March 1, 2017 SOURCE FOR PURCHASE: Bid No. 025-2821-15/JMA ACCOUNT NUMBER: 401-2811-536-52-35 VENDOR: BRENNTAG MID -SOUTH, INC. ANNUAL EXPENDITURE: $75,000.00 DESCRIPTION OF BID EXTENSION: On February 17, 2015, City Commission approved the one year bid award for sodium hydroxide to Brenntag Mid -South, Inc. at $498.00 per dry ton, as the lowest most responsive bidder. Sodium hydroxide is used in treating the water to neutralize corrosive and noxious odors associated with the release of hydrogen sulfide into the atmosphere. The hydrogen sulfide is a side effect of the addition of sulfuric acid in the water treatment process. Sodium hydroxide also raises the pH which prevents scaling of the pipelines to consumers. This bid allowed for three (3) one-year renewals. Brenntag Mid -South has agreed to renew the bid with the same terms, conditions and pricing. REQUESTING DEPARTMENT. Human Resources DEPARTMENT CONTACT. Julie Oldbury TERM: April 1, 2016 to March 31, 2017 SOURCE FOR PURCHASE: RFP No. 070-1610-12/JMA ACCOUNT NUMBER: 001-1610-513-49-17 VENDOR: GEHRING GROUP ANNUAL EXPENDITURE: $79,800. 00 DESCRIPTION OF BID EXTENSION: City Commission approved a fifteen month agreement with the Gehring Group of Palm Beach Gardens for Benefits Consulting Services on December 18, 2012. The base monthly fee is $6,650.00. Gehring Group assists the City of Boynton Beach in solicitations for employee group health insurance, dental insurance, vision insurance, and life and long term disability insurance. Gehring Group also assists with employee open enrollment, employee benefits and group benefits. This is the third one-year renewal out of a possible four renewal terms with the same terms, conditions and pricing. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT. Bevis Pigott TERM: April 16, 2016 to April 15, 2017 SOURCE FOR PURCHASE: Bid No. 026-2821-14/JMA ACCOUNT NUMBERS: Multiple accounts from Utilities Water, Wastewater, and Storm Water Budgets VENDOR(S): MADSEN-BARR CORPORATION and D.S. EAKINS CONSTRUCTION CORPORATION ANNUAL EXPENDITURE: $125,000.00 on an "As Needed" Basis DESCRIPTION OF BID EXTENSION: On April 16, 2014, City Commission approved a bid award to Madsen -Barr as a Primary Vendor and D.S. Eakins as a Secondary Vendor for the 'Bid for Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems". In the event of an emergency utility pipe repair, Utilities is able to call on these vendors to provide emergency service with pricing established in 19 pages of line item pricing for parts and services and awarded on April 16, 2014. This bid award allows for three additional one-year renewals. Madsen -Barr Corporation and D.S. Eakins Construction Corporation have agreed to renew the bid for the first one-year period with the same terms, conditions and pricing. BID NAME: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SOD BID NO.: 025-2821-15/J , XYes, I agree to extend the existing bid under the same Terms, Conditions and Pricing. L� Scluo+ NAME OF REPRESENTATIVE Please Print oq- 10 2-ol (p DATE' 1:11 In ul I No 01 *1 ir:59- Dk-l TITLE Page 119 of 305 FinancelProcurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Telephone No: (561) 742-6310 FAX.- (561) 742-6316 IFTMFMJLI� �,l P Brenntag Mid -South, Inc. 250 Central Florida Parkway Orlando,FL 32824 ATT N: Mr. Joe Funkhouser RE: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" BID No.: 025-28211-151JIMA CURRENT BID TERM. MARCH Z 2015 TO MARCH 1, 2016 The bid term for the "Annual Supply of Sodium Hydroxide" will expire March 1, 2016. The Bid Document allow for three addonal one-year extensions with the same terms, condons 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 approv we would extend the existing Bid from March 2, 2016 to March 1, 2017. Please indicate your response on the following page and return it to Finance/Procurement Services your earliest convenience. We look forward to continue working with you and your Company. If y ji�. should have any questions, please feel free to call Julianne Alibrandi, at (561) 742-6322 or e-mail r, alibra id jr@_bbfl.us. Thank you. 9= Tim W. Howard pjrP1nt1P_r_rff cc: Bevis Pigott — Manager, Water Treatment and Quality Leon Liberus — Chief Operator - WWTP File America's Gateway to the Gulf Stream Page 120 of 305 The City of Boynton Beach Finance/Procurement Services 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561), 742-6310, FAX: f561f 742-6316 "RFP FROM CONSULTANTS FOR A FIFTEEN MONTH CONTRACT FOR CONSULTING SERVICES FOR CITY OF BOYNTON BEACH GROUP INSURANCE PLANS" RFP No.: 050-1 710-12/JMA Agreement between the CITY OF BOYNTON BEACH and the GEHRING GROUP: Agreement Renewal Period: APRIL 1, 2016 TO MARCH 31, 2017 Yes, I agree to renew the existing Agreement under the same Terms, Conditions and fee for an additional year. No, I do not wish to renew the Agreement for the following reason(s): GEHRING GROUP NAME OF COMPANY Li -�ek 4' r i n6�-.1 N � L — NAME OF REPRESENTATIVE (please print) SIGNATURE�,,_,. .. ..... Cc cs i'� e n TITLE n 2-1 L-8 DATE (AREA CODE) TELEPHONE NUMBER E-MAIL Page 121 of 305 America's Gateway to the Gulf Stream The City of B2ynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 BID: "REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS" BID No: 026-2821-114/J��, Agreement between the City of Boynton Beach, and MADSEN-BARR CORPORATION; Bid Renewal Period- APRIL 16, 2016 TO APRIL 15, 2017 Yes, I agree to renew the existing bid under the same Terms and Conditions and pricing for an additional year, No, I do not wish to renew the agreement for the following reason(s) NAME OF REPRESENTATIVE (please print) DATE E-MAIL: TITLE ( 63 1) -/ . (AREA CODE) TELEPHONE NUMBER Page 122 of 305 The City of Boynton Beach February 10, 2016 FinancelProcurement Services 100 E Boynton Beach Boulevard P.0, Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Madsen -Barr Corporation 12113 Indian Mound Road Wellington, FL 33449 Attn: John Barr �WV#114 NJ M"Ill [0] OF -3Z I I to] - rP. 111 The Two Year Bid for Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems will expire on April 15, 2016. The, City of Boynton Beach would like to, renew the existing bid with Madsen -Barr as the Primary Vendor under the same terms, conditions, and prices for an additional one-year term. We appreciate your quality work, and if you agree, with City Commission approval, the bid term will be renewed for an additional year. Please indicate your response on the following page and return it to Financial Services at your earliest convenience. We look forward to continue working with your Company. If you should have any questions, please feel free to contact Julianne Alibrandi, Sr. Buyer at (561) 742-6322; or e-mail- alib angqg�bfl� .,s. � _E'_ _ _ Sincerely, Tim W. Howard Director of Financial Services C: Bevis Pigott — Manager Water Treatment and Quality Karen Riseley — Utilities Maintenance Manager File Page 123 of 305 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 4111 ! ii � M 1-01INLYWITIA 1:1 [41011 link it BID No: 026-2821-14/JMA Agreement between the City of Boynton Beach, and D.S. EAKINS CONSTRUCTION CORP Bid Renewal Period: APRIL 16, 2016 TO APRIL 15, 2017 Yes, 1 agree to renew the existing bid under the same Terms and Conditions and pricing for an additional year. No, I do not wish to renew the agreement for the following reasons NAME OF'REPRESENTATIVE (please print) DATE E-MAIL: SIGNAT rV d (AREA CODE) TELEPHONE NUMBER Page 124 of 305 6.G. CONSENTAGENDA 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on February 16, 2016. EXPLANATION OF REQUEST. The City Commission met on February 16, 2016 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: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Minutes 02-16-16 Action Approved Date 2/17/2016 - 3:67 AKA Page 125 of 305 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, FEBRUARY 16, 2016, AT 6:30 P.M. 1;jNA4*k1k1 Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. I Commissioner McCray gave the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor led the Pledge of Allegiance to the Flag. =eW.-Toro =*, I 1. Additions, Deletions, Corrections Commissioner McCray moved to approve the agenda. Commissioner Merker seconded the motion. Vote The motion unanimously passed. Page 126 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida 2. OTHER February 16, 2016 X Informational items by Members of the City Commission Commissioner Fitzpatrick reported he attended the following: • Movies on the Park on February 5th* • CRA meeting on February 9th; • Chamber of Commerce Lunch and the Forest Park Neighborhood Association on February 11th ; and • Barrier Free 5K Run Walk and Roll and the Love of Hope Ball for Bella Natale and friends on February 13th Commissioner Fitzpatrick read a letter from Glen Pearce of Pearce Windows and Doors, donating $1,000 in support of the Old High School. Mr. Pearce offered to help with temporary repairs by replacing missing window panes in the Old High School. If approval is given, they would start right away. Commissioner Fitzpatrick recognized Mr. Pearce who was in the audience. Vice Mayor Casello also attended the Candidates Forum at the Chamber of Commerce Luncheon held at Intracoastal Park. He participated in the Barrier Free Park 5K Run Walk and Roll. He had thrown out a "Guns and Hoses" challenge to the Fire and Police Departments and advised the Fire Department lost. Vice Mayor Casello walked in the event and his daughter came in first place in her age category. He attended the Love for Hope Ball at Carolyn Sims Park for Bella Natale and friends. It was a great first event which he hoped would be successful in the coming years. Commissioner Merker also attended the same events others had. Commissioner McCray attended the Chamber of Commerce Luncheon and Meet the Candidates forum. He attended the 5K Barrier Free Park event. He also attended the Love for Hope Ball and thought it was fantastic to see individuals with disabilities, smiling and having fun. He applauded reaching out to the community and helping. Mayor Taylor attended several of the same events and agreed the Love for Hope Ball was nicely done, 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS X General Election Proclamation - March 15, 2016 - presented by Mayor Jerry Taylor Mayor Taylor read the proclamation regarding the upcoming election on March 15, 2016, to elect a Mayor -at -Large and a Commissioner from District III to serve a three - Page 127 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida year term to expire in March 2019. The voting hours were between 7 a.m. and 7 p.m. He noted the list of 42 polling locations was available in the back of the room. They were also available from the City Clerk's Office. B. The second Commission meeting in March has been rescheduled to Wednesday, March 16, 2016 at 6:30pm in the Commission Chambers due to the election on Tuesday, March 15, 2016. Mayor Taylor announced the item changing the date of the City Commission meeting to March 16, 2016, to accommodate the election. C. Officer Brown and K9 Filip of the Boynton Beach Police Department will announce the 2016 South Florida Police K9 Competition. Captain Kelly announced Officer Brown was handling K9 Filip at the South Florida Police K9 Competition on February 27, 2016, at Boynton Beach High School from 2 p.m. to 8 p.m. It is a -free event. Mayor Taylor announced it is a great event and the dogs are amazing. D. Police Department to announce meeting on Monday, February 22, 2016 at 6:30 p.m; at the Carolyn Sims Center, 225 N.W. 12th Avenue to meet officers assigned to the Neighborhood Community Policing Program. Sergeant Henry Diehl announced the Neighborhood Community Policing meeting on February 22, 2016, at 6:30 p.m. at the Carolyn Sims Center. Officer Paramore and he would be present to answer resident questions regarding the program and hear their concerns. Mayor Taylor encouraged all to attend and share their thoughts. He noted it would be a one-on-one meeting. E. Presentation - Award of Appreciation to Mr. Glaston "Alex" Sims. Commissioner McCray noted Glaston "Alex" Sims was present with his son Javaro Sims of the Delray Beach Police Department. Commissioner McCray recalled Mr. Sims started the barber shop with his father-in-law, the Right Reverend Adams, 60 years ago, on MLK Boulevard, formerly known as 10th Avenue. Commissioner McCray praised Mr. Sims and presented the Award of Appreciation to him on behalf of the City Commission for his hard work, dedication, for being an icon in the City and 60 years of service in the Heart of Boynton and Boynton Beach Communities. Commissioner McCray clarified Mr. Sims was moving his business to accommodate the expansion of Sara Sims Park. 3 Page 128 of 305 1_roff$TWA 1, p f -r ,TTT _ 91M M*1 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) PTAMEMURTM Harry Woodworth, 685 NE 15th Place, and President of INCA commented Representative Hager would hold a Town Hall Meeting on Saturday at 9:30 a.m. at Intracoastal Park to discuss sober homes. He encouraged anyone with questions about sober homes to attend. Coffee and refreshments would be served. Last week he attended a seminar at Fire Station No. 5 held by Chief Katz regarding fair and impartial policing. Senior Police staff and community representatives attended. The seminar focused on bias in policing and society and how police conduct their affairs. He was surprised no one from the Coalition of Clergy or the City Commission attended. Mayor Taylor explained Chief Katz has held these discussions at other locations and the Commission has attended them. He did not attend due to a scheduling conflict. Commissioner McCray also went online and printed the information. Representatives from District 11 had attended, but he also was surprised the Coalition of Clergy did not attend. Mike Ross, 3386 Quantum Lakes Drive, noted a five-year old boy was run down and killed by .a convicted felon fleeing a police officer. The driver was recently let out of prison after a short stay and Mr. Ross thought it was a failure of the criminal justice system. - Mr. Ross thought it was necessary for the Police to be able to pursue dangerous criminals and thought some would want to ban or curtail police pursuits. He noted society is much safer when the police can enforce the law and he hoped the City Commission would not placate a few individuals that would enable criminals. Mr. Ross commented body cameras would not lead to a reduction in crime and suggested funds that would be used on cameras would be better used by hiring more police officers. He suggested instituting road blocks and check points in high crime neighborhoods similar to DUI checkpoints which the courts have held are legal. Vehicles would be stopped, licenses, registration, insurance cards could be checked, and outstanding warrants found. They could have drug sniffing dogs outside the vehicle and a positive reaction from the dog would be probable cause to search the vehicle for drugs or weapons. He also thought a camera wired to a facial recognition database would allow officers to identify passengers in the car for outstanding warrants and opined that had this been in place, the felon would have been captured while driving without a valid license. Mr. 4 Page 129 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 16, 2016 Ross announced he would welcome this in his neighborhood and he wanted to empower the police to keep them safe. Tom McClure, 2004 South Federal Highway, current president of Boynton Intracoastal Group (BIG) commented BIG was offended by candidate James Brake and asserted Mr. Brake altered a BIG flyer in reference to a candidates forum BIG was holding in conjunction with the League of Women's Voters. Mr. McClure also asserted Mr. Brake solicited on BIG property which was not permitted, to place his flyer over the BIG and League of Women Voters event notice. Mr. McClure advised BIG and the League of Women Voters will hold a political forum on Thursday, February 25, 2016, at 5:30 p.m. at Sterling Village, located at 500 S. Federal Highway, Mary Nagle agreed with Mr. McClure. She also advised she saw Chief Katz on February 21", and he and his command staff did an outstanding job educating residents on police tactics, strategies and successfully working with the community. Steven Grant, NE 3rd Avenue, attended the Barrier Free 5K Run and won in his age group. He commended Chief Katz on the acquisition of Geofeedia which would help reduce crime. He was pleased the City obtained another police dog and asked if the City acquired any electric vehicles. Mr. Grant noted the City has electric vehicle charging stations and the vehicles could help the environment. Mr. Grant commented on Resolution 16-028 to accept the settlement of $200 and hoped the City did not accept it because title insurance would pay for the full amount of the water bill. Rev. Bernard Wright, 712 NW 2nd Street, thanked the City Commission and Fire Department for their participation with the Robert E. Wells Celebration last Saturday and advised the children had a great time. He commended Police Chief Katz, Jeff Livergood, Director Public Works, and Warren Adams, Historic Preservation Planner. Rev. Wright requested the Neighborhood Community Policing Program be renamed. He supported interaction between the police and the community, but thought the word "Policing" had negative connotations and he was trying to educate the community regarding the program. He noted crime is everywhere. He favored body cameras, renaming the program and defended Boynton Beach as a great, family -friendly City that has low crime statistics. No one else coming forward, Mayor Taylor closed the public hearing. 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: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 2 Alts R Page 130 of 305 Meeting Minutes City Commission Meetin Boynton Beach, Florida I Education and Youth Advisory Bd.: 1 Alt, 1 Stu and 1 Stu NN Library Bd.: 1 Alt Planning & Development Board: 1 Alt Senior Advisory Board: 2 Regs and 2 Alts Veterans Advisory Commission: 2 Alts February 16, 2016 Commissioner Merker nominated Lori Wilkinson as an Alternate on the Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Commissioner McCray nominated Kathleen Wilkinson as a Student Regular Voting Member on the Education and Youth Advisory Board. Commissioner Merker seconded the motion. Vote The motion unanimously passed. Commissioner Fitzpatrick nominated Jewyl Stevens as an Alternate on the Planning and Development Board. Commissioner Merker seconded the motion. The motion unanimously passed. Vice Mayor Casello nominated Terry Ilames as a Regular to the Senior Advisory Board. Commissioner McCray seconded the motion. The motion unanimously passed. 6. CONSENT AGENDA n. Page 131 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida 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. R16-024 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B.. PROPOSED RESOLUTION NO. R16-025 - Approve and authorize signing of an Agreement for Water Service outside the City limits with 1042 Hypoluxo Rd, LLC, for the property at 1044 Hypoluxo Road, Lantana, FL 33462. C. PROPOSED RESOLUTION NO. R16-026 - Authorize the purchase of Geofeedia a Location Based Social Media Monitoring Service in the amount of $20,475. D. PROPOSED RESOLUTION NO. R16-027 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Adam Redner as Trustee of the Adam Redner Living Trust dated June 5, 2009 for the property at 4931 Clock Road, Lake Worth, FL. E. PROPOSED RESOLUTION NO. R16-028 - Requesting settlement on current utility account for previous owner's water and sewer for the property located at 12762 Hampton Lake, Muhammad J. Zaheer, current owner. Proposed settlement amount of $200 F. PROPOSED RESOLUTION NO. R16-029 - Authorize the City Manager to sign Traffic agreement for Coastal Bay HOA. G. PROPOSED RESOLUTION NO. R16-030 - Approve Amendment to Interlocal Agreement with Boynton Village Community Development District abating any assessment levied by the CDD on the City Parcel. H. PROPOSED RESOLUTION NO. R16-031 - Approve Second Amendment to Boynton Village Park Conveyance Agreement and authorize the Mayor to sign the Second Amendment. 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 February 16, 2016 - "Request for Extensions and/or Piggybacks". J. Accept first quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY 15/16. h Page 132 of 305 February 16, 2016 K. Accept the written report to the Commission for purchases over $10,000 for the month of January 2016. L. Approve the minutes from the Regular City Commission meeting held on February 2, 2016. A. PROPOSED RESOLUTION NO. R16-032 - Authorize the City Manager to sign an agreement with e -Builder for Capital Project Management Software through a piggyback of GSA Contract Number GS-35F-408AA in the sum of $113,475 plus $2,000 for travel totaling $115,475 for implementation services and an annual software license fee of $48,120 for a total cost of $163,595. Utilization of General Services Administration contracts are permitted as an alternative to formal sealed bids. Commissioner McCray moved to approve. Commissioner Merker seconded the motion. B. PROPOSED RESOLUTION NO. 16-033 - Authorize the City Manager to sign a contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving, in the amount of $149,599.71, plus a 10% construction contingency in the amount of $14,959,97, for a total cost of $164,559.68 for the purpose of resurfacing Ocean Avenue and Leisureville Boulevard, both streets located in Palm Beach Leisureville utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and conditions. Motion Commissioner Merker moved to approve, Commissioner McCray seconded the motion. Commissioner Merker complimented Jeff Livergood, Director, Public Works and Engineering, on a fine road resurfacing job in Leisureville and thanked him for speaking • attending Leisureville meetings. Vice Mayor Casello received phone calls about the street and how the road abuts to the driveways as there had been gaps. Mr. Livergood explained this project would address that issue and ensure there is a transition from the pavement to the driveways. Some driveways will require a feathered transition. Vice Mayor Casello asked if there is a schedule to address a certain number of streets in the community each year. Mr. E-1 Page 133 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida Livergood responded there had been no roadway programs for the last six years and this year; additional funds will be budgeted to reinstate the program. Mayor Taylor noted many of the streets in Leisureville were private streets. This item would only address the City -owned streets. Vote ... C. Approve the purchase of new and replacement vehicles as approved in the FY2015/2016 budget in the estimated amount of $817,925.00 by utilizing the following contracts; Florida Sheriffs Association Contract #15-23-0904, Florida Sheriffs Association Contract #15-13-0904, and State of Florida Contract #21100000-15-1. Motion Commissioner McCray moved to approve motion. Vote The motion unanimously passed. Commissioner Fitzpatrick seconded the D. Approve piggyback of the City of Naples contract for pipe lining services (Bid No. 11-021 (021-11), Clerk No. 11-00017) with Insituform Technologies, LLC utilizing the same terms, conditions, specifications and pricing. This contract will be used to line approximately 11,000 linear feet of sewer mains and 48 service connections at various locations within the Utilities Department's service area. The estimated expenditure is $167,353.80. I �I Vice Mayor Casello moved to approve, Commissioner Fitzpatrick seconded the motion, Vote The motion unanimously passed. E. Authorize the City Manager; 1) To send a letter to Palm Beach County opting out of the P25 Migration Interlocal Agreement; 2) Contract with Motorola, the selected vendor, directly for the City's Statement of Work (SOW); M Page 134 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida 3) Enter into an agreement with Omnicom Consulting Group (OCM) for Implementation support and execute any required documents upon attorney review and approval. Commissioner McCray moved to approve. Commissioner Merker seconded the motion. Vice Mayor Casello asked Interim Fire Chief Hoggatt if this item would be good for the City. Interim Fire Chief Hoggatt responded it would and the P25 Migration Program was an ongoing project across the country. It was his understanding the City would piggy back the Palm Beach County System which was the backbone of the project, but attempting to go out for a separate complete system would be much more expensive. He complimented the Purchasing Department on an excellent job working on the terms of the agreement with Motorola to make the program financially available to Boynton Beach. Interim Fire Chief Hoggatt noted the police and fire radio system is a much needed tool and he thought this would be the best deal they could get. Motorola is the backbone of the industry and a better brand. Vice Mayor Casello requested confirmation Motorola was financing the system. Interim Chief Hoggatt deferred the question to the Finance Director and understood in order to obtain the product; the City will take advantage of financing to stretch out the payments. Vice Mayor Casello received confirmation the payments totaled $2.5 million. Vice Mayor Casello inquired if using the County Dispatch System, all the costs would be paid by the County including upgrades, updates and equipment replacements. Interim Chief Hoggatt did not know, but understood it was part of what the County was offering. Retired Chief Carter had conducted a study regarding the Police and Fire Departments communicating through one communication center, versus transferring to another communications center and Interim Fire Chief Hoggatt heard positive and negative things. Retired Chief Carter had only requested opinions regarding overall operations from Interim Chief Hoggatt, but it was Retired Chief Carter who compiled the report and dealt with the City Manager. Vice Mayor Casello favored using the County system and saving the taxpayers $2.5 million. Commissioner Fitzpatrick disclosed his brother-in-law is an electrical engineer for Harris and understood Motorola has 80% of the market and Harris had 20% or less. Harris had less hardware chips in the radios and they were more programmable, making it easier to keep them up-to-date because the chips could be reprogrammed. Harris also had a phone application which would allow cell phones to function as radios. Harris We Page 135 of 305 Ill ill I . • 1 1 * 1 11 a • services the military and had a tougher design. He understood their radios are more cost effective. He thought even if the County purchased a central hub system through Motorola which would allow all parties to digitally communicate with one another, Harris radios were compatible with Motorola cell towers. He favored comparing products. City Manager LaVerriere clarified the action being requested did not include the purchase of hand-held radios. It was to enter into a contract with Omnicom, who was the County's consultant, to conduct the City's radio needs assessment, which would cost around $41,000. They would then engage Motorola and enter into an agreement for the turn -key system, not the radios. The turn -key hardware is about $400,000 which the City Commission needed to decide on at the meeting. The City's system has to be compatible with the County system. The cost of the radios would be about $2 million, but the City would have options. She pointed out there were well more than two brands of radios that could work with the P25 system. The purchase of radios would come back at another time. Commissioner Merker thought the City Commission had discussed this item months ago and thought the City should move forward and upgrade. He did not think the City Commission was hearing the entire issue. If the County took the matter over, it would not be correct to say the City Commission was saving the taxpayers $2.5 million because residents pay County taxes, He wanted to keep fire services within the City. Mayor Taylor had discussed the matter with the City Manager and the item would financially assist the City to make the change as opposed to having to come up with all the funds at once if they stayed with the County. This could be financed over a number of years and he favored what was being presented. Vice Mayor Casello again asked if the City used a County -dispatch system would they save $2.5 million. Tim Howard, Finance Director, responded the City would not have the expense at the moment. Vice Mayor Casello requested confirmation the County would be responsible for purchasing the radios at another time. Mr. Howard confirmed the County would purchase the radios, but he did not know if the expense would be charged back to the City. City Manager LaVerriere thought without a detailed analysis, Mr. Howard could not fully answer the question. The projected cost of the radios was $2 million. Vice Mayor Casello thought the issue should be investigated further. City Manager LaVerriere did not know how long ago retired Chief Carter conducted the analysis or if it was part of the City's Strategic Plan. She agreed to pull the plan and bring it back to a City Commission meeting to determine if the City wanted to consider moving its dispatch to Palm Beach County. She recalled the City Commission had voted not to proceed in that direction. While they have been negotiating with the County, staff was moving forward with assembling the new system on its own. Vice Mayor Casello recalled they had discussed the matter in a meeting with Retired Chief Carter and he was not comfortable 11 Page 136 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida bringing it forward. He thought, down the road, the City has to consider the financial aspect. He requested the item be put on a future agenda. Vote N=o 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 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. 16-004 - FIRST READING - Approving a request for abandonment of a portion of a ten (10) foot wide utility easement at the rear of the residence in order to construct a private swimming pool, located at 2731 SW 23rd Cranbrook Drive and zoned PUD (Planned Unit Development). Applicant: Shawn Lago, homeowner. wromr-SITImErz Mayor Taylor opened the issue for Public Hearing. No one came forward. Commissioner McCray so moved. Commissioner Merker seconded the motion, Commissioner Fitzpatrick inquired how often easements are abandoned. Mike Rumpf, Planning and Zoning Director, responded the easements are abandoned as needed. When an easement has no current or future value, and the land over it has a proposed use, it is usually a private ownership matter, but staff reviews it. The City does not need the land and utilities are elsewhere on the property. Vice Mayor Casello inquired if this is done because Homeowners Associations do not have the funds to address it. He asked if it cost the City money and learned the costs are included in the application fees, Vote Interim City Clerk Pyle called the roll. The vote was 5-0. im Page 137 of 305 Meeting Minutes City Commission Meeting Boynton", Beach, Florida February 16, 2016 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Create "Honorary Robert E. Wells Avenue" on Martin Luther King Jr. Boulevard from Federal Highway to Seacrest Boulevard. Commissioner McCray asked Warren Adams, Historic Preservation Planner, how far back he researched Wells Avenue and learned he researched back to 1920 when segregation occurred. Rev, Bernard Wright had further information on the Wells family all the way to the 1890's when Robert Well first came to the City. Commissioner McCray inquired if Mr. Adams researched Washington and Lincoln Streets. Mr. Adams explained the City recently applied for a State grant which was ranked second, and he was waiting to hear if they would be funded. All of the funds would be spent on a research project in the Heart of Boynton area and that was when they would have the time and resources to fully research the area, and recognize all of the people who contributed to the Heart of Boynton. He wanted to recognize as many of the original pioneers as possible. Commissioner McCray noted District 11 has Heritage Park and that is where individuals are honored. The family completes an application and presents it to the MLK Committee. There are already two names that would be placed there. He was concerned if they start renaming streets for honorary individuals, it would open up a "Pandora's Box." He proposed to place a plaque in Heritage Park for the Wells, Washington and Lincoln families to recognize them. Commissioner McCray also favored having plaques for businesses on MLK Boulevard, such as for Glaston "Alex" Sims. He noted Rev. Wright's Grandmother, Roxie Wright, also should be recognized. Rev.Wright pointed out Mr. Wells built the first street and it was called Wells Avenue. Rhere were other individuals who contributed to the Town. He felt Mr. Wells' accomplishments superseded others and thought he deserved a sign not just a plaque. There are names at Heritage Park that had nothing to do with the growth and development of the Town. He thought no one would mind a sign indicating Robert E. Wells Memorial Avenue, and it was his family's legacy. Robert Wells was living in Boynton before the Town was even named and if it had not been for the research project, the Wells family history would have been lost. Mayor Taylor explained even if approved, the City was not officially renaming the street and the sign ign would not be at the intersection. Rev. Wright thought the word "memorial" should be used instead of the word "honorary." Commissioner Fitzpatrick asked if Commissioner McCray was in favor of the item and learned he favored honoring him at Heritage Park, not for the street name. 13 Page 138 of 305 Meeting Minutes City Commission Meetin Boynton 'Beach, Florida I February 16, 2016 Vice Mayor Casello moved to accept the item to create Honorary Wells Avenue. Commissioner Fitzpatrick seconded the motion, Rev Wright requested the using the word "memorial." Vice Mayor Casello thought there may be legal issues; however, Attorney Cherof advised there were no legal restraints. Mr. Livergood explained the sign would have a brown background with white letters in conformance with the Manual on Uniform Traffic Control Devices. It would be placed on the street at a location to be determined with Rev. Wright, not at the intersection. Vice Mayor Casello amended his motion to change the word "honorary" to "memorial." Commissioner Fitzpatrick agreed to the amendment. Commissioner McCray explained they should not set a precedent, and all three streets, Wells, Washington and Lincoln Avenue should be recognized. Z=1 Commissioner McCray moved to change all three street names as discussed as Wells, Washington and Lincoln Avenue. Vice Mayor Casello suggested moving forward with Wells Avenue and when Mr. Adams finished with his research, he could request the other name changes. Motion Mr. Merker moved to table. Commissioner McCray seconded the motion. Vote The motion passed 3-2, (Vice Mayor Casello and Commissioner Fitzpatrick dissenting.) 1111 1111111��l iilp��Iliiiiillll 1! 1111111! 11p; �11�iliiiiiiiijli!��Illi 1111!1111� I B. Discussion on permitting functions held at Sara Sims Park, requested by Commissioner McCray. Commissioner McCray commented when people request a permit for an event, they indicate they will only have 100 people. Then social media comes into play and the event grows. He was aware there is money in the budget for Sara Sims Park, but he did not want any money spent until the City got a handle on the ATVs at the park and 01 Page 139 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 16, 2016 the barber shop building was demolished. He also requested the City investigate the cost of a fence if the City had to fence the park to gain control. The City had not issued any more permits for the park and no one has been calling indicating there were parties occurring and the area has been calm. He suggested if someone wants to have an event, the City not issue a permit for Sara Sims Park until better safeguards were in place and there are other parks that could be used that give the Police greater control. Vice Mayor Casello asked if the permit specifies how many people would attend and the purpose of the function. City Manager LaVerriere responded the City has a special event permit process. If there is a function that is not properly permitted, the Police will check for permits and disburse the crowd. Vice Mayor Casello asked if the City requires any kind of security based on the number of attendees. The permit is processed through each department, but Ms. LaVerriere did not think security was required for a gathering, John Durgan, Special Projects Coordinator, explained it all depended on the Police Department. He noted all departments review the information and the Police Department could make a recommendation whether the event requires a police detail. Commissioner Merker preferred to use the word "event." A park with a permit has to be regulated and the Police and Fire Departments have control. When there is a permit at a house, he thought it was more dangerous. Commissioner McCray explained the problem is once the permit is issued, the applicant invites more people. If there are too many people attending, fire and police vehicles cannot gain access to the park, attendees park in people's yards and control is lost. Vice Mayor Casello suggested they include a number of attendees that cannot be exceeded. Jeff Katz, Police Chief, explained the permit process is only as good as the information submitted. He received permits that had indicated 100 or 125 people would attend and the number increased following permit approval. From a public safety view, the problem is ascertaining how many officers to assign to the detail. They also encounter ATVs, dirt bikes and motorcycles making it difficult to maintain order. He did not think it was the best use of the Police Department. The community informed him the parties are posted on social media, people from out of town attend and they bring weapons. He supported Commissioner McCray's position. Mayor Taylor inquired who pays the cost for the extra officers and learned the City did. Vice Mayor Casello asked how the police would disburse a large, unruly crowd and learned it would be a show of force. The Police Department would show up, announce the route to take to leave, they would form a line and move the crowd out. When there are limited resources and a lot of people, some of whom may be armed; there is only one way to safely disperse the group. 15 Page 140 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida February 16, 2016 Commissioner Merker agreed with Commissioner McCray. Commissioner Fitzpatrick asked if there was a cost to pull a permit. Mr. Durgan responded the permit application is $25 and the permit is $25. Commissioner Fitzpatrick suggested having a $500 deposit to cover any unforeseen expenses and he supported Commissioner McCray's recommendation. Rev. Wright, 713 NW 2nd Street, advised he lives down the street from Sara Sims Park, and explained each time they have a big event, the cars disperse with no problems. There had never been a police problem or riot situation at the Park. He thought the residents could go to the park in droves if desired because it is a community Park and questioned the need for a permit and the charges. Mark Karageorge, 240A Main Boulevard, explained the City could have the best of intentions, but when the end result is a dead person there is a problem. He noted seniors in District 11 were afraid to go out during the event. He supported Commissioner McCray's position and commented the Coalition of Clergy does as well because their parishioners do not want to live in fear. Commissioner McCray moved no permits be issued in District 11 for Sara Sims Park until the City could better control the events there. Commissioner Merker seconded the motion. Vice Mayor Casello noted residents often do not get a permit. He agreed with Commissioner McCray's request, but commented the residents would have to watch for any gatherings at the Park. The motion unanimously passed, 13. LEGAL A. PROPOSED RESOLUTION NO. R16-034 - Authorize the City Manager sign Participation Agreement attached as Exhibit "A" to the Interlocal Agreement (I between the School District of Palm Beach County, Palm Beach County a 3 Municipalities of Palm Beach County for Coordinated Planning ("Coordinated Planni Agreement"). I] Commissioner McCray so moved. Commissioner Merker seconded the motion. 16 Page 141 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida Vote The motion unanimously passed. B.' PROPOSED ORDINANCE NO. 16-005 - FIRST READING - Approve and authorize Ordinance creating Part 11, Chapter 26, Article 1, Section 26-7 and Chapter 10, Article 11, Section 10-33 of the Code to facilitate creation of liens for unpaid balances and recording of such liens for unpaid balances for utility and refuse accounts. Attorney Cherof read Proposed Ordinance No. 16-005 by title only on first reading. A Commissioner Merker moved to approve. Commissioner Fitzpatrick seconded the motion. Commissioner Merker requested further information on the item. Attorney Cherof advised the Ordinance would give the City the ability to foreclose on a lien to encourage payment. Mayor Taylor supported the item especially as it pertained to Code issues. Vote Interim City Clerk Pyle called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 16-006 - FIRST READING - Approve amending City Code of Ordinance Section 16-60, item (d) to restrict use of the docks in the lagoon at the park for loading and unloading, and for no more than 30 minutes, Attorney Cherof read Proposed Ordinance No. 16-006 by title only on first reading. I Tj Commissioner McCray moved to approve. Commissioner Merker seconded the motion. Commissioner Fitzpatrick inquired how the Ordinance would be enforced. Attorney Cherof explained there are individuals at the parks who could issue a warning for a boat to be moved and then contact the Police Department to issue the citation if the request was ignored. 18M Interim City Clerk Pyle called the roll. The vote was 5-0. 17 Page 142 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida D. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney/client session of the City Commission to discuss pending litigation in the following case: THOMAS JONES, Plaintiff vs. CITY OF BOYNTON BEACH, MATTHEW IMMLER, PAUL DEALS, FRANK BRIGANTI, RICHARD MCNEVIN and EVELYN MCCOY, Defendants — United States District Court, Southern District of Florida, Case No. 9:15- CV-81297-DMM Mayor Taylor read the item. Attorney Cherof requested a one-hour session take place before the next meeting. There was agreement to meet on March 1, 2016, at 5 p.m. 14. FUTURE AGENDA ITEMS A. Code Compliance Initiative - North Federal Highway - March/April 2016. B. Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - April/May 2016. 15. ADJOURNMENT There being no further business to discuss, Mayor Taylor properly adjourned the meeting at 7:59 p.m. In Page 143 of 305 Meeting Minutes City Commission Meeting Boynton Beach, Florida ATTEST Judith A. Pyle, CMC Interim City Clerk Oakwm- Catherine Cherry Minutes Specialist im RUX012 �4'11111191wk' Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Page 144 of 305 7.A. BIDS AND PURCHASES OVER $100,000 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-040 - Authorize the City Manager to sign required documents upon City Attorney review and approval to purchase and finance Motorola P25 radios with Motorola/ Motorola Solutions, Inc. Cost of radios $1,928,454 utilizing State of Florida Contract #725-500-12-1 , cost of system $416,822, total amount to be financed $2,345,276. EXPLANATION OF REQUEST: The Commission agreed to contract directly with Motorola for the City's Statement of Work for the P25 Radio migration project for $416,822 (Includes 1 year warranty) at the 2/16/16 Commission meeting. In addition to the cost of the system, the current radios are not compatible with the P25 technology and need to be replaced. Staff has reviewed the current radio inventory and determined what radios were needed for Police, Fire and General Government. Motorola is one of the vendors on Florida State Contract for P25 compliant radios. Police staff has compiled the costs of the radios and options for the City's operations per the State of Florida contract pricing for Motorola and the cost totals $1,928,454.30 (Includes 1 year warranty). The breakdown of cost by City function and number of radios by type is as follows: Police $ 1,352,358 Fire $ 422,314 Non Public Safety $ 49,249 Consolette Control Station $ 36,775 Field Services $ 67,757 Portable Radios 312 Mobile Radios 124 Portable 2 -way Radios 19 Conolette Control Stations 6 Motorola has offered the City a financing option thru Motorola Solutions, Inc. that would allow the City to finance the cost of the system ($416,822) and the cost of the radios ($1,928,454.30) for a total amount of $2,345,276.00, financed over Five (5), Seven (7) or Ten (10) years, first payment due one year after contract execution and an interest rate ranging from 2.67% - 3.18%. Staff recommends financing the $2,345,276.00 for Seven (7) years with an annual lease payment of $374,448.00, with the first payment due in March 2017. Police departmental personnel have reviewed other radio vendors and believe that it is best to purchase the initial supply of radios from Motorola after reviewing pricing for the radios and options. During the P25 implementation process staff will continue to review other vendors to evaluate the interoperability with our system, P25 radios and the county. Once all is complete with the County's system and agencies are P25 compliant it is possible that future radio purchases can be made from other vendors on the State Contract. Page 145 of 305 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purchase of the radios will allow the City to continue the interoperability with the County as a result of the P25 Migration project. In addition the City will be able to take advantage of financing of the system and radios by Motorola, with the first payment being due one (1) after the signing of the documents. The first payment being due in March of 2017. FISCAL IMPACT: Non -budgeted City will need to budget the annual lease payments beginning in FY 16/17 of approximately $374,448 per year for seven (7) years. ALTERNATIVES: Not approve the purchase STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Purchase and Finance of Motorola P25 radios and system D Attachment Communications Lease Purchase D Attachment Financial info for Lease D Attachment Summary of Lease terms D Attachment Subscriber Price Proposal D Attachment Contract 725-500-12-1 Term D Attachment State Contract 725-500-12-1 D Attachment Contract 725-500-12-1 Vendors D Attachment State of Florida Contract D Attachment Pricing comparison REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 2/25/2016 - 2:20 PM Finance Howard, Tim Approved 2/25/2016 - 2:20 PM Legal Swanson, Lynn Approved 2/25/2016 - 3:20 PM City Manager LaVerriere, Lori Approved 2/26/2016 - 0:01 AM Page 146 of 305 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. R16 - 040 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER SIGN THE REQUIRED DOCUMENTS TO PURCHASE AND FINANCE MOTOROLA P25 RADIOS WITH MOTOROLA/MOTOROLA SOLUTIONS, INC., UTILIZING STATE OF FLORIDA CONTRACT #725-500- 12-1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the February 16, 2016, Commission meeting, the City Commission agreed to contract directly with Motorola for the City's Statement of Work for the P25 Radio migration project in the amount of $416,822 which includes a one year warranty; and WHEREAS, in addition to the cost of the system, the current radios are not compatible with the P25 technology and need to be replaced; and WHEREAS, Motorola has offered the City a financing option thru Motorola Solutions, Inc., that would allow the City to finance the cost of the system ($416,822) and the cost of the radios ($1,928,454.30) for a total amount of $2,345,276.00, to be financed over five, seven or ten years, with the first payments due one year after contract execution and an interest rate ranging from 2.67% - 3.18%; and WHEREAS, staff recommends financing the $2,345,276.00 for seven (7) years with an annual lease payment of $374,448.00 with the first payment due in March, 2017. 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. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\8B5869F1-9F5C-4E5C-8814-D30B1 E098DC0\Boynton Beach.2874.1.Moto rola P25 radios - Reso.doc Page 147 of 305 29 Section 2. The City Commission of the City of Boynton Beach, Florida, at the 30 recommendation of staff, hereby authorizes and directs the City Manager to sign the required 31 documents to purchase and finance Motorola P25 radios with Motorola/Motorola Solutions, Inc., 32 utilizing the State of Florida Contract #725-500-12-1 with a cost of $416,822.00 for the system 33 and a cost of $1,928,454.00 for the radios for a total amount to be financed of $2,345,276.00, a 34 copy of said purchase and finance documents to be attached hereto as Exhibit "A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2016. 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 — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\8B5869F1-9F5C-4E5C-8814-D30B1 E098DC0\Boynton Beach.2874.1.Moto rola P25 radios - Reso.doc Page 148 of 305 Communications System Agreement Lease Purchase Motorola Solutions, Inc. ("Motorola") and the City of Boynton Beach, FL ("Customer") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the System, as described below. Motorola and Customer may be referred to individually as a "Party" and collectively as the "Parties." For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between Exhibits A through D will be resolved in their listed order. Exhibit A Software License Agreement Exhibit B Price Proposal Negotiated Exhibit C Project Approach Negotiated Exhibit D System Acceptance Certificate Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan 2.2. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). 2.3. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine -recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; is explicitly approved for release by written authorization of the disclosing Party; or is released pursuant to law. 2.4. "Contract Price" means the price for the System, excluding applicable sales or similar taxes and freight charges. 2.5. "Effective Date" means that date upon which the last Party executes this Agreement. 2.6. "Equipment" means the equipment that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. 2.7. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). 2.8. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software infringes upon the third party's United States patent or copyright. 2.9. "Motorola Software" means Software that Motorola or its affiliated company owns. CSA Lease v.11-19-2015 Page 1 of 20 Motorola Contract No. 207471 Page 149 of 305 2.10. "Non -Motorola Software" means Software that another party owns 2.11. "Open Source Software" (also called "freeware" or "shareware") means software that has its underlying source code freely available to evaluate, copy, and modify. 2.12. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.13. "Software" means the Motorola Software and Non -Motorola Software, in object code format that is furnished with the System or Equipment. 2.14. "Specifications" means the functionality and performance requirements that are described in Exhibit B. 2.15. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in Exhibit B. 2.16. "System" means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system; the System is described in Exhibit B. 2.17. "System Acceptance" means the Acceptance Tests have been successfully completed. 2.18. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual responsibilities, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement. 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, whichever occurs last. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the Effective Date, Customer may order additional Equipment or Software if it is then available. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through Motorola Online ("MOL"), and this Agreement will be the "Underlying Agreement" for those MOL transactions rather than the MOL On -Line Terms and Conditions of Sale. MOL registration and other information may be found at http://www.motorola.com/businessandgovernment/ and the MOL telephone number is (800) 814-0601. CSA Lease v.11-19-2015 Page 2 of 20 Motorola Contract No. 207471 Page 150 of 305 3.5. MAINTENANCE SERVICE. During the Warranty Period, Motorola will provide maintenance services for the Equipment and support for the Motorola Software pursuant to this Agreement. Those services and support are included in the Contract Price. If Customer wishes to purchase additional maintenance and support services for the Equipment during the Warranty Period, or any maintenance and support services for the Equipment after the Warranty Period, the description of and pricing for the services will be set forth in a separate document. If Customer wishes to purchase extended support for the Motorola Software after the Warranty Period, it may do so by ordering software subscription services. Unless otherwise agreed by the parties in writing, the terms and conditions applicable to the maintenance, support or software subscription services will be Motorola's standard Service Terms and Conditions, together with the appropriate statements of work. 3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.7. NON -MOTOROLA SOFTWARE. Any Non -Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non -Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non -Motorola Software. Non -Motorola Software may include Open Source Software. All Open Source Software is licensed to Customer in accordance with, and Customer agrees to abide by, the provisions of the standard license of the copyright owner and not the Software License Agreement. Upon request by Customer, Motorola will use commercially reasonable efforts to determine whether any Open Source Software will be provided under this Agreement; and if so, identify the Open Source Software and provide to Customer a copy of the applicable standard license (or specify where that license may be found); and provide to Customer a copy of the Open Source Software source code if it is publicly available without charge (although a distribution fee or a charge for related services may be applicable). 3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. 3.9. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions. CSA Lease v.11-19-2015 Page 3 of 20 Motorola Contract No. 207471 Page 151 of 305 Section 4 PERFORMANCE SCHEDULE The Parties will perform their respective responsibilities in accordance with this Agreement. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Section 6 CONTRACT PRICE, PAYMENT AND INVOICING 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is $ The Contract Price will be paid via the disbursement of the financing proceeds pursuant to the Equipment Lease -Purchase Agreement executed between the parties. For Customer's reference, the Federal Tax Identification Number for Motorola Solutions, Inc. is 36-1115800. Motorola will pre -pay and add all freight charges to the invoices. 5.2. TITLE, AND RISK OF LOSS; INVOICING AND SHIPPING. Motorola will pre -pay and add all freight charges to the invoices. Unless otherwise stated in Equipment Lease -Purchase Agreement, title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices. 5.3. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address: The Equipment will be shipped to the Customer at the following address (insert if this information is known): . If different, the address for the ultimate destination where the Equipment will be delivered to Customer is Customer may change this information by giving written notice to Motorola. Section 6 SITES AND SITE CONDITIONS 6.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites; and access to the work sites as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process. 6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; electrical power outlets, distribution and equipment; and telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola will inspect the work site and advise Customer of any apparent deficiencies or non -conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS -222 in effect on the Effective Date. 6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. CSA Lease v.11-19-2015 Page 4 of 20 Motorola Contract No. 207471 Page 152 of 305 Section 7 TRAINING Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs. Section 8 SYSTEM ACCEPTANCE 8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. 8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. 8.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. 8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 9 REPRESENTATIONS AND WARRANTIES 9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications. 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Equipment. 9.3. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the CSA Lease v.11-19-2015 Page 5 of 20 Motorola Contract No. 207471 Page 153 of 305 Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Software. 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer's failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System for commercial, industrial, or governmental use only, and are not assignable or transferable. 9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. TO THE EXTENT ALLOWED BY LAW, MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DELAYS 10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re -mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan. CSA Lease v.11-19-2015 Page 6 of 20 Motorola Contract No. 207471 Page 154 of 305 Section 11 DISPUTES 11.1. SETTLEMENT PREFERRED. The Parties, by their project managers, will attempt to settle any dispute arising from this Agreement (except for a claim relating to intellectual property or breach of confidentiality) through consultation and a spirit of mutual cooperation. The dispute will be escalated to appropriate higher-level managers of the Parties, if necessary. 11.2. LITIGATION. A Party may submit to a court of competent jurisdiction in the State of Florida any claim relating to intellectual property or a breach of confidentiality provisions. Each Party consents to jurisdiction over it by that court. Either Party may resort to the judicial proceedings described in this section if good faith efforts to resolve the dispute under these procedures have been unsuccessful; or interim relief from the court is necessary to prevent serious and irreparable injury to the Party. Section 12 DEFAULT AND TERMINATION 12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan. 12.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise agreed in writing, the non -defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non - defaulting Party any of its Confidential Information. If Customer is the non -defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. Section 13 INDEMNIFICATION 13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any the claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. 13.2. PATENT AND COPYRIGHT INFRINGEMENT. 13.2.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on an Infringement Claim, and Motorola will indemnify Customer for those costs and damages finally awarded against Customer for an Infringement Claim. Motorola's duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. CSA Lease v.11-19-2015 Page 7 of 20 Motorola Contract No. 207471 Page 155 of 305 13.2.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense procure for Customer the right to continue using the Equipment or Motorola Software, replace or modify it so that it becomes non -infringing while providing functionally equivalent performance, or grant Customer a credit for the Equipment or Motorola Software as depreciated and accept its return. The depreciation amount will be calculated based upon generally accepted accounting standards for such Equipment and Motorola Software. 13.2. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer's designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer's revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product. 13.4. This Section 13 provides Customer's sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 13 are subject to and limited by the restrictions set forth in Section 14. Section 14 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or services with respect to which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. An action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought within one year. Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS 15.1.1. Confidentiality Obligation. Each party is a disclosing party ("Discloser") and a receiving party ("Recipient") under this Agreement. During the term of this Agreement, for a period of three (3) years from the date of expiration or termination of this Agreement, and to the extent allowed by law, recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees, officers, officials, agents, volunteers or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not reverse engineer, de -compile or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain CSA Lease v.11-19-2015 Page 8 of 20 Motorola Contract No. 207471 Page 156 of 305 possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement. 15.1.2. Required Disclosure. If a recipient is required to disclose Confidential Information pursuant to applicable law, statute, or regulation, or court order, the recipient will give to the discloser prompt written notice of the request and a reasonable opportunity to object to such disclosure and seek a protective order or appropriate remedy. If, in the absence of a protective order, the recipient determines, upon the advice of counsel, that it is required to disclose such information, it may disclose only Confidential Information specifically required and only to the extent required to do so. 15.1.3. Confidential Exceptions. Recipient is not obligated to maintain as confidential, Confidential Information that recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this Agreement; (ii) is explicitly approved for release by written authorization of discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the recipient prior to such disclosure; or (v) is independently developed by recipient without the use of any discloser's Confidential Information or any breach of this Agreement. 15.1.4. Ownership and Retention. All Confidential Information remains the property of the discloser and will not be copied or reproduced without the express written permission of the discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of discloser's written request, recipient will return all Confidential Information to discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement. 15.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non -Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. Section 16 GENERAL 16.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within forty-five (45) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Neither Party may assign this Agreement without the prior written consent of the other Party, except that Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. CSA Lease v.11-19-2015 Page 9 of 20 Motorola Contract No. 207471 Page 157 of 305 16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 16.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.7. GOVERNING LAW. This Agreement and the rights and duties of the Parties will be governed by and interpreted in accordance with the laws of the State of Florida. 16.8. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 16.9. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola Solutions, Inc. Attn: Judy Jean-Pierre Legal, Government Affairs & Corporate Communications 1303 E. Algonquin Road, IL01-10th Floor Schaumburg, IL 60196 Juy.Jea-Pierrep_otorolasolutions.co Customer Attn: 16.10. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission ("FCC') licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. 16.11. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in CSA Lease v.11-19-2015 Page 10 of 20 Motorola Contract No. 207471 Page 158 of 305 accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non -Motorola Software); if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16. The Parties hereby enter into this Agreement as of the Effective Date. This Agreement may be executed by each of the Parties hereto in separate counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Motorola Solutions, Inc. Customer By: Name: Title: Date: By: _ Name: Title: Date: CSA Lease v.11-19-2015 Page 11 of 20 Motorola Contract No. 207471 Page 159 of 305 Exhibit A SOFTWARE LICENSE AGREEMENT This Exhibit A Software License Agreement ("Agreement") is between Motorola Solutions, Inc., ("Motorola") and the City of Boynton Beach, FL ("Licensee"). For good and valuable consideration, the parties agree as follows: Section 1 DEFINITIONS 1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 "Documentation" means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 "Open Source Software" means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software is licensed. 1.5 "Primary Agreement" means the agreement to which this exhibit is attached 1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, de - compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary Software or products containing embedded or pre -loaded proprietary Software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee's use of the Software and Documentation. Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non -transferable (except as permitted in Section 7) and non- exclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source CSA Lease v.11-19-2015 Page 12 of 20 Motorola Contract No. 207471 Page 160 of 305 Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License (or specify where that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code, without charge, if it is publicly available (although distribution fees may be applicable). Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back- up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 4.4. When using Motorola's Radio Service Software ("RSS"), Licensee must purchase a separate license for each location at which Licensee uses RSS. Licensee's use of RSS at a licensed location does not entitle Licensee to use or access RSS remotely. Licensee may make one copy of RSS for each licensed location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or intends to use RSS upon Motorola's request. 4.5. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party ("Auditor") may inspect Licensee's premises, books and records, upon reasonable prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the CSA Lease v.11-19-2015 Page 13 of 20 Motorola Contract No. 207471 Page 161 of 305 Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 6 OWNERSHIP AND TITLE Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de -compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola's processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. The commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted, error -free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. 6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola's option, Motorola will replace the defective Software with functionally -equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee's paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non -infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products CSA Lease v.11-19-2015 Page 14 of 20 Motorola Contract No. 207471 Page 162 of 305 to a third party, Licensee may assign its right to use the Software (other than RSS and Motorola's FLASHportO software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. Section 8 TERM AND TERMINATION 8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non -embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS This Section applies if Licensee is the United States Government or a United States Government agency. Licensee's use, duplication or disclosure of the Software and Documentation under Motorola's copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software -Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. Section 12 NOTICES Notices are described in the Primary Agreement. CSA Lease v.11-19-2015 Page 15 of 20 Motorola Contract No. 207471 Page 163 of 305 Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State of Florida. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement. 13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. CSA Lease v.11-19-2015 Page 16 of 20 Motorola Contract No. 207471 Page 164 of 305 Exhibit B Price Proposal Negotiated CSA Lease v.11-19-2015 Page 17 of 20 Motorola Contract No. 207471 Page 165 of 305 Exhibit C Project Approach Negotiated CSA Lease v.11-19-2015 Page 18 of 20 Motorola Contract No. 207471 Page 166 of 305 Exhibit D System Acceptance Certificate Customer Name: Project Name: This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that: 1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed. 2. The System is accepted. Customer Representative: Signature: _ Print Name: Title: Date: Motorola Representative: Signature: _ Print Name: Title: Date: FINAL PROJECT ACCEPTANCE: Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance. Customer Representative: Signature: _ Print Name: Title: Date: Motorola Representative: Signature: _ Print Name: Title: Date: CSA Lease v.11-19-2015 Page 19 of 20 Motorola Contract No. 207471 Page 167 of 305 CSA Lease v.11-19-2015 Page 20 of 20 Motorola Contract No. 207471 Page 168 of 305 aMO"OLA • February 25, 2016 Mr. Howard City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach FL 33435 Dear Mr. Howard: Enclosed for your review please find the Municipal Lease documentation in connection with the radio equipment to be leased from Motorola. The interest rate and payment streams outlined in Equipment Lease -Purchase Agreement #23866 are valid for contracts that are executed and returned to Motorola on or before March 24, 2016. After 3/24/16, the Lessor reserves the option to re -quote and re -price the transaction based on current market interest rates. Please have the documents executed where indicated and forward the documents to the following address: Motorola Credit Corporation Attn: Bill Stancik / 9th Floor 1303 E. Algonquin Rd Schaumburg, IL 60196 Should you have any questions, please contact me at 847-538-4531. Thank You, MOTOROLA CREDIT CORPORATION Bill Stancik Page 169 of 305 LESSEE FACT SHEET Please help Motorola Solutions, Inc. provide excellent billing service by providing the following information: Complete Billing Address CITY OF BOYNTON BEACH Attention: Phone: 2. Lessee County Location: 3. Federal Tax I.D. Number 4. Purchase Order Number to be referenced on invoice (if necessary) or other "descriptions" that may assist in determining the applicable cost center or departmen : 5, Equipment description that you would like to appear on your invoicing: Appropriate Contact for Documentation / System Acceptance Follow-up: 6. Appropriate Contact & Mailing Address Phone: Fax: 7. Payment remit to address: Motorola Credit Corp. P.O. Box 71132 Chicago IL 60694-1132 Thank you Page 170 of 305 EQUIPMENT LEASE -PURCHASE AGREEMENT CITY OF BOYNTON BEACH 100 E. Boynton Beach Blvd. Boynton Beach FL 33435 Lease Number: 23866 &TO -Is Motorola Solutions, Inc. 1303 E. Algonquin Rd. Schaumburg, IL 60196 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the Equipment described in any Schedule now or hereafter attached hereto ("Equipment") in accordance with the following terms and conditions of this Equipment Lease -Purchase Agreement ("Lease"). 1. Term. This Lease will become effective upon the execution hereof by Lessor. The Term of this Lease will commence on the Commencement Date specified in Schedule A and unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in Schedule B attached hereto ( "Lease Term "). 2. Rent. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called), including the interest portion, in the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section 5 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term. Lessee will seek funding each year as a part of its budget process. It is Lessee's intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper, efficient and economic operation. Lessee's obligation to make Lease Payments and to pay any other amounts payable under this Lease constitutes a current obligation payable only to the extent permitted by law and exclusively from legally available funds and shall not be construed to be an indebtedness within the meaning of any applicable constitutional or statutory limitation or requirement. Lessee has not pledged and will not pledge its full faith and credit or its taxing power to pay any Lease Payments or any other amounts under this Lease. Neither Lessor nor any Assignee (described below) may compel the levy of any ad valorem taxes by Lessee to pay Lease Payments or any other amounts under this Lease. 3. Delivery and Acceptance. Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A ( "Equipment Location "). Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor. Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate, if Lessor believes the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor in writing (within five (5) days of Lessee's receipt of Lessor's request) whether or not Lessee Page 171 of 305 deems the Equipment (i) to have been delivered and (ii) to be operational, and hence be accepted by Lessee. If Lessee fails to so respond in such five (5) day period, Lessee will be deemed to have accepted the Equipment and be deemed to have acknowledged that the Equipment was delivered and is operational as if Lessee had in fact executed and delivered to Lessor a Delivery and Acceptance Certificate. 4. Representations and Warranties. Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Lessor pursuant to contract (the "Contract") covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an assignee ("Assignee"). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS" AND "WITH ALL FAULTS." LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties). 5. Non -Appropriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event the funds appropriated by Lessee's governing body or otherwise available by any means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessor may request by written notice that Lessee promptly deliver the Equipment to Lessor or its Assignee. In the event that Lessee agrees to deliver the Equipment to Lessor, Lessee hereby agrees to transfer title to and deliver possession of the Equipment in accordance with Section 17.1 of this Lease. In the event that Lessee does not return the Equipment to Lessor, Lessor may proceed by appropriate court action or actions, either at law or in equity, to recover damages. 6. Lessee Certification. Lessee represents, covenants and warrants that: (i) Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(x) of the Code; (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will Page 172 of 305 cause, or by omission of any act allow, the interest portion of the Lease Payments to be or become includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term. Lessee represents, covenants and warrants that (i) it will do or cause to be done all things necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond Commission requirements (as defined in the Code) where necessary and by due notification presented this Lease for approval and adoption as a valid obligation on its part, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period. If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event, notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional amount determined by Lessor to compensate such owner or owners for the loss of such excludibility (including, without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive (absent manifest error). Notwithstanding anything herein to the contrary, any additional amount payable by Lessee pursuant to this Section 6 shall be subject to the limitations set forth in Sections 2 and 5 hereof. It is Lessor's and Lessee's intention that this Agreement not constitute a "true" lease for federal income tax purposes and, therefore, it is Lessor's and Lessee's intention that Lessee be considered the owner of the Equipment for federal income tax purposes. 7. Title to Equipment. During the Lease Term, title to the Equipment will vest in Lessee and Lessor will have no security interest therein. Notwithstanding the obligations of Lessee to pay the Lease Payments, this Lease shall not result in the creation of any lien, charge, security interest or other encumbrance upon the Equipment and Lessor shall have no right to involuntarily dispossess Lessee of the use and enjoyment of or title to the Equipment. 8. Use; Repairs. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment in good repair and furnish all parts, mechanisms and devices required therefor. 9. Alterations. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 10. Location; Inspection. The Equipment will not be removed from, [or if the Equipment consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 11. Liens and Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Page 173 of 305 Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand. 12. Risk of Loss: Damage; Destruction. Lessee assumes all risk of loss or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at the option of Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of: (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule B. In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss. 13. Insurance. Lessee will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent, Lessee may self -insure against any or all such risks. All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then applicable Balance Payment with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name Lessee as an insured and Lessor or its Assignee as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or its Assignee as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self -insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. 14. Indemnification. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereon. 15. Assignment. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such Page 174 of 305 assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's Assignee hereunder. 16. Event of Default. The term "Event of Default", as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof, or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. 17. Remedies. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the Fiscal Year in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable; (ii) request by written notice that Lessee promptly deliver the Equipment to Lessor or its Assignee; and (iii) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. If Lessor terminates this Lease and receives possession of the Equipment, Lessor may sell or lease the Equipment or sublease it for the account of Lessee. If the proceeds of such sale, lease or sublease are not sufficient to pay the balance of any Lease Payments or other amounts owed by Lessee under the Lease, Lessor may pursue such other remedies as are available at law or in equity to collect the balance of such Lease Payments or other amounts from Lessee's legally available funds. In addition, Lessee will remain liable Page 175 of 305 for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 17.1. Return of the Equipment. In the event that Lessee determines to return the Equipment to Lessor or its Assignee pursuant to Section 5 or 17 hereof, Lessee agrees to transfer title to and deliver possession of the Equipment in the condition hereafter required by preparing and appropriately protecting the Equipment for shipment and, at Lessor's option, (i) surrendering the Equipment to Lessor at the Equipment Location specified in Schedule A hereto, or (ii) loading the Equipment on board such carrier as Lessor shall specify and shipping the same, freight collect, to Lessor at the place designated by Lessor. In the event of any such delivery of the Equipment to Lessor, Lessee shall execute and deliver such documents as may reasonably be required to transfer title to and possession of the Equipment to Lessor, free and clear of all liens to which the Equipment has become subject. Upon such delivery of the Equipment to Lessor, if the Equipment is damaged or otherwise made less suitable for the purposes for which it was manufactured than when delivered to Lessee (reasonable wear and tear excepted), Lessee agrees, at its option, to: (a) repair or restore such Equipment to the same condition in which it was received by Lessee (reasonable wear and tear excepted) and, at its expense, promptly return such Equipment to Lessor (or to a location identified in a written notice to Lessee) or (b) pay to Lessor the actual cost of such repair, restoration and return. There is no intent to create under any provision of this Lease a right in Lessor to involuntarily dispossess Lessee of the legal title to or the use of the Equipment. Lessor hereby irrevocably waives any right to specific performance of any covenant of Lessee to transfer legal title to and return possession of the Equipment. 18. Purchase Option. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the Lease Payment Dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Balance Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor. 19. Notices. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to such mailing. 20. Section Headings. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 21. Governing Law. This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location. 22. Delivery of Related Documents. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. Page 176 of 305 23. Entire Agreement, Waiver. This Lease, together with the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of this Lease, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof. To the extent permitted by applicable law, Lessee and Lessor hereby waive any provision of law that prohibits or renders unenforceable any provision of this Lease in any respect. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. 24. Execution in Counterparts. This Lease may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of March, 2016. LESSEE: CITY OF BOYNTON BEACH By: Title: LESSOR: MOTOROLA SOLUTIONS, INC. By: Title: OPINION OF COUNSEL With respect to that certain Equipment Lease -Purchase Agreement dated March , 2016 by and between Motorola Solutions, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. Attorney for CITY OF BOYNTON BEACH Page 177 of 305 SCHEDULE EQUIPMENT LEASE -PURCHASE AGREEMENT Schedule A 23866 Lease Number: This Equipment Schedule dated as of March , 2016 is being executed by MOTOROLA SOLUTIONS, INC. ("Lessor") and CITY OF BOYNTON BEACH (Lessee"), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lease -Purchase Agreement Number 23866 dated as of March , 2016 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.) Refer to attached Equipment List. Equipment Location: Initial Term: 84 Months Commencement Date: 4/1/2016 First Payment Due Date: 4/1/2017 7 Annual Payments of $371,622.94 as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth. LESSEE: LESSOR: CITY OF BOYNTON BEACH Motorola Solutions, Inc. By: _ By: Title: Title: Page 178 of 305 City of Boynton Beach (Schedule B) Compound Period: Annual Nominal Annual Rate: 2.660% CASH FLOW DATA Event Date Amount Number Period End Date 1 Loan 4/1/2016 $ 2,345,276.00 1 2 Payment 4/1/2017 $ 371,622.94 7 Annual 4/1/2023 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Payment Interest Principal Balance Loan 4/1/2016 $ 2,345,276.00 1 4/1/2017 $ 371, 622.94 $ 62, 384.34 $ 309, 238.60 $2,036,037.40 2 4/1/2018 $ 371, 622.94 $ 54,158.59 $ 317, 464.35 $1,718,573.05 3 4/1/2019 $ 371, 622.94 $ 45, 714.04 $ 325, 908.90 $1,392,664.15 4 4/1/2020, $ 371, 622.94 $ 37, 044.87 $ 334, 578.07 $1,058,086.08 5 4/1/2021 $ 371,622.94 $ 28,145.09 $ 343,477.85 $ 714,608.23 6 4/1/2022 $ 371,622.94 $ 19,008.58 $ 352,614.36 $ 361,993.87 7 4/1/2023 $ 371,622.94 $ 9,629.07 $ 361,993.87 $ - Grand Totals $ 2,601,360.58 $ 256,084.58 $ 2,345,276.00 INITIAL INSURANCE REQUIREMENT: $2,345,276.00 Except as specifically provided in Section five of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule. LESSEE: LESSOR: CITY OF BOYNTON BEACH Motorola Solutions, Inc. By: By:. Title: Title: Date: Date: Page 179 of 305 CERTIFICATE OF INCUMBENCY I, do hereby certify that I am the duly elected or (Signature of Secretary/Clerk ) appointed and acting Secretary or Clerk of the CITY OF BOYNTON BEACH , an entity duly organized and existing under the laws of the State of Florida that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement number 23866 dated March , 2016, and Schedule A number 23866 dated March BEACH and Motorola Solutions, Inc. . I= , 2016, between CITY OF BOYNTON (Individual who signed Lease documents ShOUld be listed here and sign where applicable) IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of CITY OF BOYNTON BEACH, hereto this day of March, 2016. By: (Signature of Secretary/Clerk) Page 180 of 305 I W 10M Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A number 23866 dated March , 2016 to that certain Equipment Lease Purchase Agreement number 23866 dated March , 2016will be maintained by the CITY OF BOYNTON BEACH as stated in the Equipment Lease Purchase Agreement. This insurance shall name MOTOROLA SOLUTIONS, INC. or its assignee as additional insured and loss payee for the term of the Schedule A number 23866 dated March , 2016. This insurance is provided by: Name of insurance provider + + + City, State and Zip Code Phone number of insurance provider In accordance with the Equipment Lease Purchase Agreement Number 23866, CITY OF BOYNTON BEACH, hereby certifies that following coverage are or will be in full force and effect: Type Amount Effective Expiration Policy Date Date Number Fire and Extended Coverage Property Damage Public Liability Lessee: CITY OF BOYNTON BEACH By: Its: Page 181 of 305 To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, plcaA. 4,,ddivs the 1611owiti ygi-i stiO]Is by completing this form or by sending a separate letter: What is the specific use of the equipment? 2. Why is the equipment essential to the operation of CITY OF BOYNTON BEACH? 3. Does the equipment replace existing equipment? If so, why is the replacement being made? 4. Is there a specific cost justification for the new equipment? If yes, please attach outline of justification. 5. What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years? Lessee: CITY OF BOYNTON BEACH Its: Date: March , 2016 Page 182 of 305 At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease Agreement) held on March 2016 -the following resolution was introduced and adopted. BE IT RESOLVED by the Governing Board of Lessee as follows: 1, Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment or other personal property described in the Lease Schedule dated as March . 2016. between CITY OF BOYNTON BEACH (Lessee) and Motorola Solutions, Inc. (Lessor). 2. Approval and Authorization. The Governing body of Lessee has determined that the Lease Agreement, substantially in the form presented to this meeting, is in the best interests of the Lessee for the acquisition of such Equipment or other personal property, and the Governing Board hereby approves the entering into of the Lease Agreement by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Lease Agreement on Lessee's behalf sith such changes thereto as such person deems appropriate, and any related documents, including any escrow agreement, necessary to the consummation of the transactions contemplated by the Lease Agreement. Authorized Individual(s): Printed or typed name(s) and title(s) of Individual(s) authorized to execute the Lease Agreement. 1 Adoption of Resolution. The signatures below from the designated individuals for the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution. Signature: Name and Title Attested By: Name and Title: Page 183 of 305 Form - (Rev. September 2011) Department of the Treasury Internal Revenue Service - ReDorti Information Return for Tax -Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) OMB No. 1545-0720 Do- See separate instructions. Caution: If the issue price is under $100,000, use Form 8038 -GC. Iii 1 Issuer's name ty of Boynton Beach 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 4 Number and street (or P.O. box if mail is not delivered to street address) 100 E. Boynton Beach Blvd. If Amended Return, check here ► 2 Issuer's employer identification number (EIN) 3b Telephone number of other person shown on 3a Room/suite 5 Report number (For IRS Use Only) 6 .0 City, town, or post office, state, and ZIP code 7 Date of issue Boynton Beach FL 33435 4/1/1 11 6 8 Name of issue 9 CUSIP number Equipment Lease -Purchase Agreement 23866 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see 10b Telephone number of officer or other instructions) employee shown on 10a hype of Issue (enter the issue price). See the instructions and attach schedule.. 11 Education . . . . . . . . . . „ . 11 12 Health and hospital . . . . . . . . . . . . . . 12 13 Transportation . . . . . . . . . . . , . . . . . . . . . . . 13 14 Public safety . . . . . . . . . . . . 14 2,345,276.00 15 Environment (including sewage bonds) . . . . . . . 15 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Utilities . . . . . . . . . . . . . . . . . . . . . 17 18 Other. Describe ► 18 19 If obligations are TANs or RANs, check only box 19a . . . . . . . ❑ If obligations are BANs, check only box 19b . . . . . . . . ❑ 20 If obligations are in the form of a lease or installment sale, check box . . . . . . . ❑ • . Description of Obligations. Complete for the entire issue for which this form is being filen. (a) Final maturity date (b) Issue price (c) Stated redemption (d) Weighted price at maturity average maturity (e) Yield 21 4/1123 $ 2,345,276.00 1 _ 2,345,276.00 7 years 2.66 % • - Uses of Proceeds of Bond Issue (including underwriters' discount] 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . 22 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . 23 2,345,276.00 24 Proceeds used for bond issuance costs (including underwriters' discount) . . 24 25 Proceeds used for credit enhancement . . . . . . . . . . . . 25 26 Proceeds allocated to reasonably required reserve or replacement fund 26 27 Proceeds used to currently refund prior issues . . . . . . . . . 27 28 Proceeds used to advance refund prior issues . . . . . . . . . 28 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . 29 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) 30 Description of Refunded Bonds. Complete this part ons for refunding bonds. 31 Enter the remaining weighted average maturity of the bonds to be currently refunded ► years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . ► years 33 Enter the last date on which the refunded bonds will be called (MM/DD/YY)Y) . . . . 34 Enter the dates) the refunded bonds were issued ► (MMMD/YYYY) For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 637735 Form 8038-G (Rev. 9-2011) Page 184 of 305 Form 8038-G (Rev. 9-2011) Page 2 • Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) . . . . . . . . . 36ai b Enter the final maturity date of the GIC 0- c c Enter the name of the GIC provider Do - 37 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 37 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the following information b Enter the date of the master pool obligation Do- c c Enter the EIN of the issuer of the master pool obligation Ol- d d Enter the name of the issuer of the master pool obligation ► 39 If the issuer has designated the issue under section 265(b)(3)(B)(VIII) (small issuer exception), check box , , . ► ❑ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . , ► ❑ 41a If the issuer has identified a hedge, check here ► ❑ and enter the following information: b Name of hedge provider No. C Type of hedge ► d Term of hedge Do - 42 42 If the issuer has superintegrated the hedge, check box . ► ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . ► ❑ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . ► ❑ 45a If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount of reimbursement . . . . . . . . . ► b Enter the date the official intent was adopted 10 - Under Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Signature and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to and process this return, to the person that I have authorized above. Consent Signature of issuer's authorized representative Date Type or print name and title Paid Print/Type preparer's name Preparer's signature Date Check Elif PTIN Preparer self-employed Use Only Firm's name ► Firms EIN ► Firm's address ► Phone no. Form 8038- (Rev. 9-2011) Page 185 of 305 =QUIPMENT LEASE PURCHASE AGREEMENT DELIVERTAOID ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement executed by Lessee and Lessor. Equipment Lease Purchase Agreement Date: March , 2016 Lease Schedule A Date:March , 2016 Equipment Lease Purchase Agreement No.: 23866 Lease Schedule A No.: 23866 EQUIPMENT INFORMATION QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION Equipment referenced in lease Schedule A# 23866 dated March 2016. See Schedule A for a detailed Equipment List. LESSEE: CITY OF BOYNTON BEACH By: Date: Page 186 of 305 Communications System Financing Proposal Motorola Solutions Credit Company LLC is pleased to submit the following proposal for the financing of your Motorola Communications P-25 solution in accordance with the terms and conditions outlined below: Transaction Type: Municipal Lease -Purchase Agreement Lessor: Motorola Solutions, Inc. (or its Assignee) Lessee: City of Boynton Beach, FL Amount: $2,345,276.00 Down Payment: $0.00 Balance to Finance: $2,345,276.00 Equipment: As per the Motorola equipment proposal. Title: Title to the equipment will vest with the Lessee. Insurance: Lessee will be responsible to insure the equipment as outlined in the IeasE contract. Taxes: Personal property, sales, leasing, use, stamp, or other taxes are for the account of the Lessee. Option One Option Two Option Three Lease Term: Five Years Seven Years Ten Years Payment Frequency: Annual Annual Annual Payment Structure: Arrears Arrears Arrears Lease Rate: 2.67% 2.86% 3.18% Lease Factor: 0.216301 0.159661 0.118310 Lease Payment: $507,286.32 $374,448.04 $277,469.44 Payment Commencement: First payment due one year after contract execution. Expiration: This interest rate methodology is valid for all leases commenced by 2/26/2016 Indexing arrangement —Non bank qualified structure 5, 7 and 10 year terms The Lease Payments shall be calculated using a rate of interest ("Lease Rate") that is initial indexed to the five (5), seven (7) or ten year (10) average life Interest Rate Swap (the "Index Rate as reported on the Federal Reserve Statistical Release H.15 Report. The average life Interest Rai Swap corresponds to the respective lease term. The H.15 Report can be accessed at the �---•-•- �-•-�- •-•-�- _:a_. •-••-••-. r_�---�-----••_ '•-••i--�-----i�wri „_ ��_ ,._.�.�:�.�__� �_�'� `t- -1 of 305 Keserve tsanK weD Site: www.Teaeraireserve.gov/releases/nio/. un the t;ommitment uate, the tin Lease Rate will be calculated by taking the Index Rate for that date from the H.15 Report, plus spread of 3.06% and multiplying the sum of those two numbers by .64 to calculate the Lease Ra for the 5 year term. The rate for the 7 year term will be calculated by taking the Index Rate for th date from the H.15 Report, plus a spread of 3.17% and multiplying the sum of those two number by .64. The rate for the 10 year term will be calculated by taking the Index Rate for that date froi the H.15 Report, plus a spread of 3.45% and multiplying the sum of those two numbers by .64. Tt rates are then fixed for the full term of the Lease. The following H.15 average life Index Rates were in place at the approximate time this quote we issued: 5 year: 1.12% 7 year: 1.30% 10 year: 1.52% Qualifications: Documentation: Receipt of a properly executed documentation package. Lessee qualifies as a political subdivision or agency of the State as defined in the Internal Revenue Code of 1986. The interest portion of the Lease Payments shall be excludable from the Lessor's gross income pursuant to Section 103 of the Internal Revenue Code. Receipt of a copy of the last years audited financial statements and current year's budget from the Lessee. This proposal should not be construed as a commitment to finance. It is subject to final Motorola credit committee approval. This quote is based on the general level of interest rates, primarily U.S. Treasury Bills of like term maturity. Any movement in those rates in excess of 10 basis points will result in the revision of this quote. Municipal Equipment Lease Purchase Agreement Opinion of Counsel Schedule A/ Equipment List Schedule B / Amortization Schedule 8038G UCC -1 Certificate of Incumbency Statement of Essential Use/Source of Funds Evidence of Insurance or Statement of Self Insurance Resolution from governing body authorizing the execution of the Lease Please feel free to contact me if there are any questions or if an alternate structuring is required. Regards, Bill Stancik Motorola Customer Financing 847-538-4531 Page 188 of 305 D MOT�OROLA SOLUTIONS CITY OF BOYNTON BEACH P25 TWO WAY RADIO SUBSCRIBER NIIGRATION �I► tl: I � WW II : r:� • APXffM ENCRYPTED POLICE DASH MOUNT MOBR ES • APXffM FIRE RESCM REMOTE MOUNT MOBN ES • APX4000 PORTABLES FOR NON- PUBLIC SAFETY USERS • APX7500 CONSOLErIE CONTROL STATIONS -FOR DISPATCH I►I I � �I►/ I �I►I : ICY 1► �I I �I 1 � �I��% r�1�.� City of Boynton Beach 18 -Feb -16 P25 Subscriber Migration Page 189 of 305 MOT"OROLA VOLUTIONS February 21, 2016 Doug Solomon Technical Services Manager Boynton Beach Police Department City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach FL 33435 RE: P25 Subscriber Migration Pricing Dear Mr. Solomon: Motorola Solutions Inc. is pleased to extend this formal proposal to the City of Boynton Beach for P25 Subscriber Migration. Motorola's APX6000, APX6000XE and APX4000 Public Safety Grade Portable Two way radios, in concert with APX6500 Public Safety Grade Mobiles and APX7500 Consolette Control Stations represent the leading solution in North America and especially in South Florida. Over 6,000 of these units have been sold to Monroe, Martin, Broward, and Palm Beach Counties in the past three years. We thank you for the opportunity to submit this proposal to the City of Boynton Beach for a "best in class" solution. Our goal is to provide you with the best products and services available in the communications industry. Any questions can be directed to John Anderson 561 245 1020 john.anderson(a signalcommunications.com Sincerely, MOTOROLA Solutions, Inc. John Anderson Authorized Motorola Representative Government and Public Safety 8000 West Sunrise Blvd Plantation FL 33222 Page I of 30 Motorola Solutions, Gov't & Public Safety Group, 8000 West Sunrise Blvd, Plantation F�Q62i90 of 305 B r OLUTIONS P25 SUBSCRIBERS EXECUTIVE SUMMARY UNDERSTANDING THE CHALLENGES... From creating the first police car radio in 1930, to being the first to deliver Internet Protocol (IP) technology on a digital trunking radio system in 2001, Motorola is leading the way in high performance wireless communication systems. It is this history and experience that provides Motorola with the knowledge to understand the challenges faced by City of Boynton Beach and to propose a solution to meet all of these challenges. As a trusted solution provider for many cities and counties, Motorola has helped our customers provide safe and welcoming communities. Our proven commitment to the public safety industry over the last 80 years combined with our vision to remain a leading developer of state of the art information and communication technologies helps ensure that the system Motorola has designed for the City of Boynton Beach will meet its current needs and will be able to grow and adapt to meet future communication needs. PROVIDING THE SOLUTION... To meet the communications needs of the City of Boynton Beach Motorola presents the following: 1) A proposal for P25 Subscribers Migration These Motorola P25 subscribers meet all FCC and Homeland Security Public Safety Communications standards for Project 25 interoperability, and unlike our competitors our APX6000, APX6500, and APX7500 subscribers are capable of mixed mode ( P25 digital/ 3600 analog / Digital) interoperability operation. This unique Motorola offering, permits a graceful system cut -over for P25 and Legacy non - P25 two way radios currently in operation in Palm Beach County, Broward County, Boca Raton, Delray Beach, Ocean Ridge, Lantana, etc. Motorola's P25 Two Way Radio competitors cannot provide this important system cutover capability, and what this means to the City of Boynton, is that a new Harris P25 Portable or P25 Mobile Two Way radio, will only be able to talk to other new P25 radios, and not to any legacy two way radios that have not yet been replaced with a new P25 radio. Since it takes several days to complete the programming and installation of the new P25 Subscriber radios for a large customer such as City of Boynton Beach, an officer safety issue will certainly be present during the migration if you choose a vendor other than Motorola, as we are the only State of Florida Commodity Contract Vendor that can offer the City of Boynton Beach the essential ( P25 digital / 3600 analog / Digital interoperability operation capability.) Page 2 of 30 City of Boynton Beach 18 -Feb -16 P25 Subscriber Migration Page 191 of 305 B r OLUTIONS 2) Competitive Pricing All pricing offered to the City of Boynton Beach is in accordance to the State of Florida Commodity Contract 4 725-500-12-1 valid from 07/19/2011 through 06/29/2016; This contract was a competitive bid Contract, that serves the many Public Safety and Gov't users throughout the State of Florida. The State of Florida, Department of Management Services, Division of State Purchasing administers statewide contracts and agreements for use by Florida State agencies, local governments, educational institutions, and other entities as defined in 60A-1.005, Florida Administrative Code. Statewide contracts and agreements enable eligible users to pool their buying power to lower total costs and reduce administrative burden while complying with Chapter 287 Florida Statutes governing the purchase of products and services. 725-500-12-1 L-ann I Ne F,,,,l ,€ `t,1 0T`19,,2G11 06130,,'2016 Telecommunications Mate Terra Ji.istm ) Ti `-IL!ll,ua 1u- x r, iz' I`i Contract B r to f CONTRACT BETWEEN FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND CONTRACTOR Contract No.: 725-500-12-1 This Contract is by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and Contractor. Whereas, the Contractor replied to the Division's Invitation to Bid ("ITB"), No.: ITB 09-725-500-A — Land Mobile FM or PM Communications Equipment, and the Department awarded to the Contractor pursuant to the terms and conditions of the ITB; Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and Contractor do hereby enter into this Contract 725-500-12-1. 1.0 NAME OF PROJECT Land Mobile FM or PM Communications Equipment 2.0 SUMMARY OF THE CONTRACTUAL SERVICES / SCOPE OF WORK Land Mobile FM or PM Communications Equipment, this state term contract includes the purchase of public safety grade two-way voice radios (Category 1 or Category 2), and non-public safety two-way voice radios (Category 3), as well as dispatch consoles, RF Control Stations, Vehicular Repeaters, and radio equipment batteries and accessories. Page 3 of 30 Motorola Solutions, Gov't & Public Safety Group, 8000 West Sunrise Blvd, Plantation F�Q62i92 of 305 B r OLUTIONS Land Mobile FM or PM Communications Equipment Contract No.: 725-500-12-1 (continued) 3.0 SUMMARY OF PENALTY FOR FAILURE OF CONTRACTOR TO MEET TERMS & CONDITIONS The primary penalties for failure to meet the Terms and Conditions include Termination for Convenience, Section 4.22, and Termination for Cause, Section 4.23 of ITB 09-725-500-A. 4.0 EFFECTIVE DATE This Contract shall begin on July 1, 2011 or on the last date in which it is signed by all parties, whichever is later. 5.0 EXPIRATION DATE This Contract shall expire June 30, 2014, unless renewed or cancelled earlier in accordance with its terms. 6.0 RENEWAL STATUS State of Florida Commodities ( SOF ) Contract 725-500-12-1 is valid through 06/29/2016; Invitation to Bid (ITB) for Land Mobile FM or PM Communications Equipment ITB No. 09-725-500-A The State of Florida, Department of Management Services, Division of State Purchasing provides centralized statewide contracts for commodities and services for use by all state agencies, political sub- divisions (such as municipalities, cities, towns, schools, universities, etc.), and others authorized by Florida Statute to use state contracts. State Purchasing has determined that in order to assist Eligible Users in meeting the Federal Communications Commission (FCC) mandate regarding the migration to narrowband or narrowband -equivalent technology, P25 for Gov't and Public Safety (the first requirements begin on January 1, 2011), a new contract for products meeting the specifications outlined within this Invitation to Bid is needed. CONTRACT MANAGEMENT The Department employee who is responsible for maintaining the Contract administration shall be: Trey Collins, CPPB, FCCM Purchasing Analyst Department of Management Services Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 (850) 488-9996 (Voice) (850) 414-6122 (Fax) trey. collinsgdms.myflorida.com Page 4 of 30 City of Boynton Beach 18 -Feb -16 P25 Subscriber Migration Page 193 of 305 D r OLUTIONS WORKING TOGETHER... Motorola will work with the City of Boynton Beach to design and implement a system that meets the current needs of the City of Boynton Beach as well as provide flexibility to grow with its communities for future needs. By working together, Motorola can provide integrated information and communication networks to improve effectiveness and to better serve the City of Boynton Beach. Motorola has assembled a team to work with the City of Boynton Beach on this important project consisting of account managers, engineers, project managers, System technologists, and system maintenance support personnel. The City of Boynton Beach project manager and the Motorola project manager will work together closely throughout the implementation of the project. Each member of the Motorola team stays abreast of the latest methods and techniques in their discipline through our comprehensive employee training programs offered through Motorola University. By selecting Motorola, you gain the benefit of our investment in our people. Their qualifications and training have allowed us to implement and integrate some of the largest and most complex wireless networks in the world — on time and with solid, reliable results. Our team will provide City of Boynton Beach with: ■ Coordinated Management. Our project manager serves as single point of contact, works with the City of Boynton Beach to oversee the project, and answers any questions which may arise about the project. The project manager brings together the people and the resources for the project, and then manages them toward meeting every project milestone. ■ Implementation Services. In addition to a project manager, our team includes highly trained engineers, system technologists, customer support managers, and Motorola Certified Field Installation Technicians. Our engineers will work with you to finalize the system design. Our system technologists install and test the system. Our customer support managers work with you to design a maintenance program specifically for your communications needs. Our Motorola South Florida Certified Field Installation Technicians are very familiar with the APX6000, APX6000XE, APX4000, APX6500, and APX7500 subscribers as proposed to the City of Boynton Beach, and will professionally program, install, your equipment on time, and on budget. ■ Proven Implementation Processes. Motorola will use its proven implementation processes that we have developed and fine-tuned over the years to ensure the timeliness and quality of our work. From concept to delivery, design, and installation, Motorola's direct sales representatives, system integration team, engineers, and service maintenance providers are ready to work together with you. Page 5 of 30 Motorola Solutions, Gov't & Public Safety Group, 8000 West Sunrise Blvd, Plantation F�Q62i94 of 305 B r OLUTIONS BENEFITING FROM MOTOROLA'S EXPERIENCE... As we enter a new era of information and communication needs, Motorola is addressing critical demands by providing public safety customers with innovative solutions that include software, hardware, and services to improve operational performance. Our customers gain the benefit of our experience in many ways: ■ Peace of Mind: For over 80 years, Motorola has been a trusted source for mission critical public safety communications systems and is a leading provider of two way radio products, systems and services as well as large integrated communication and information technology systems for business and Government applications. ■ User Confidence: More Police, Fire and Gov't workers use Motorola Public Safety Grade Two Way Radios, than all of our competitor's products combined. It is estimated that Motorola has 80% of the Public Safety & Gov't Market, with the balance of 20% spread among our several competitors. ■ Presence: Motorola's sales force, combined with an extensive dealer and service center network, provides Motorola with over 7,000 points -of -presence worldwide, with solutions that cover a variety of commercial, government, and industrial communication needs. Motorola's P25 Subscriber Engineering is headquartered at our 8000 W. Sunrise Blvd, Plantation FL. South Florida Public Safety & Gov't customers currently operate over 25,000 Motorola Two Way Radios; we are committed to South Florida, and will be here to serve the City of Boynton Beach for decades to come. ■ Innovative Solutions: Motorola provides more than just enabling technology. Motorola works with customers from concept to installation while continuously upgrading solutions to bring rapid mobile intelligence to customer operations. Motorola is committed to helping customers navigate the rapidly changing landscape to make their organizations the best that they can be, now and in the future. ■ Established Resources and Processes: From our Customer Center for System Integration (CCSI) and System Support Center (SSC), to our processes for site readiness, testing, and problem escalation, Motorola has made investments in facilities people, and services to support project implementation and maintenance. ■ Quality: Dedication to quality is a way of life at Motorola. The company's ongoing process of continuous improvement reaches out for change, refinement, and even revolution in pursuit of quality excellence as recognized through the Malcolm Baldrige award in manufacturing for CGISS. Motorola was a recipient of the Baldrige Award in the award's inaugural year of 1988 and was again honored in November of 2002 by President George W. Bush and Commerce Secretary Don Evans. The Baldrige Award is the United States' premier award for performance excellence and quality achievement. Earning the Malcolm Baldrige National Quality Award acknowledges Motorola's CGISS' (Commercial Government and Industrial Solutions Sector) dedication to rigorous quality related processes and improvements over time. Motorola has been, and continues to be, the leading manufacturer and supplier of communications equipment both domestically and worldwide. Page 6 of 30 City of Boynton Beach 18 -Feb -16 P25 Subscriber Migration Page 195 of 305 B r OLUTIONS COMMITTING TO YOUR SUCCESS... As a trusted solution provider for numerous cities and counties in a public safety role for many years, Motorola is prepared to assist the City of Boynton Beach with its current communication needs. Supported by a Motorola implementation team dedicated to the success of the City of Boynton Beach P25 Subscriber Migration project and Motorola's responsive local services. The City of Boynton Beach can be assured of the timely implementation of this system. Motorola is committed to your success by: ■ Delivering total, integrated communications solutions that empower your organization. ■ Drawing on our proven 80 years of Public Safety and Gov't wireless communications experience, skills, and an extensive portfolio of technologies, services, and our proven South Florida resources, and capabilities to complete your project on time. ■ Meeting your commitments so that you can be confident we will provide the right solution for your Organization. The citizens of the City of Boynton Beach are depending on your Police, Fire Rescue, and Non Gov't users' ability to get the right information to the right people, in the right place, at the right time. Motorola is committed to working with the City of Boynton Beach to make that happen. In conclusion Motorola has served the City of Boynton Beach for the past decade and looks forward to CONTIlNMG OUR RELATIONSHIP WITH TTW CITY OF BOYNTON BEACH FOR CENERADONS TO COME! Page 7 of 30 Motorola Solutions, Gov't & Public Safety Group, 8000 West Sunrise Blvd, Plantation F�Q62i% of 305 B r OLUTIONS P25 Subscriber Migration Pricing Summary Motorola P25 Subscriber Standard Warranty P. s�. dpi I. WHAT THIS WARRANTY COVERS AND FOR HOW LONG: Motorola Solutions, Inc. ("Motorola") warrants the Motorola manufactured radio communications product, including original equipment crystal devices and channel elements ("Product"), against material defects in material and workmanship under normal use and service for a period of One (1) Year from the date of shipment. Motorola, at its option, will at no charge either repair the Product (with new or reconditioned parts), replace it with the same or equivalent Product (using new or reconditioned Product), or refund the purchase price of the Product during the warranty period provided purchaser notifies Motorola according to the terms of this warranty. Repaired or replaced Product is warranted for the balance of the original applicable warranty period. All replaced parts of Product shall become property of Motorola. II. WHAT THIS WARRANTY DOES NOT COVER: A. Defects or damage resulting from use of the Product in other than its normal and customary manner; B. Defects or damage from misuse, accident, water, or neglect; C. Defects or damage from improper testing, operation, maintenance, installation, or alteration;. D. Scratches or other cosmetic damage to Product surfaces that does not affect the operation; Page 8 of 30 City of Boynton Beach 18 -Feb -16 P25 Subscriber Migration Page 197 of 305 B111) MOT�OROLA SOLUTIONS Model Numbers, Description, Unit Sell & Extended Pricing lice 1 227 H98UCF3PW6 N POLICE APX600Q 70WS00 MHZ MODEL 2.5 PORTABLE RADIO $2.539.00 $597,476 $1.211.60 $411,233.20 la 227 Q806 ADD ASTRID DIGITALCA' I OPERATION: 5515.00 $226,9105 5360.53 $81,833.50 213 227 G996 ADD PROGRAMMING OVER P25 (OTAR): $100.00 522.700 570.GD $15,890.00 Ir 227 H38 ADD SMARTZCNECPERAITION; $1.200.00 $272,4310 5840.GD $190,690.00 Id 227 Q361 ADD P259&00 BAUD TRUNKBNG; $300.00 569,100 5210.GD $47.670.00 le 227 QA00590 ADD: 7DMA OPERA710N; 50.00 $0 $0.00 50.00 If 227 8625 ENH: DESDES-XLDES-OFB ENCRYPTION; 5599.00 $2351.973 5419.3D $95,191.10 Ig 227 GA010782 ENH APX GPS ACTIVATION $150.00, 534,050 5105.G0 $23,835.00 Ilh 227 QADI648 ADD ADVANCED SYSTEM KEY - HARDA'ARE; 55.00 $1,135 $3.53 $794.50 11 227 QA01837 ALT -110N IM PR E S IR67 2'9130MAH IN NTN7D3S $100.00 522,700 570.GD $15,893.00 2 227 HUN6875A1 3" PLASTIC BELT CLIP ATTACHMENT, $12.00 52. 7 2 4 $,9.40 $1,906.80 3 227 NNTN7039B SRI -RE LHON IMPRES IP67 29,I)CMAH (NNTN7038 5142.00 532,234 599.40 $22,563.80 4 227 PrwlMN4060B PUBLIC SAFETY SHOULDER MIC IP55 WITH 3.5MM JACK RX 24 INCH; $164.00 537,228 $114.80 $26,059.60 5 227 PMAF4002 APX PSNI 700/S3QMHZ ANTENNA; 512.00 $2,724 $8.40 $1,906.80 6 227 1,VPLN7DSG APX 7000 IMPRES CG SU APX7000 US/ NA; $125.00 $28,375 597.50 $13.862.50 Ea SUB TOTAL POLICE APX6= 718W MHZ MODEL ZS PORTABLE MD10 - ENORYPTEI $95.513NED $4,2MAG $95.5,3NSD Exlended Wit Sell Extended tem QW Nonlembum EWFP -, De-*bn Unit Lifft LM Pfive wMe sell w1ce 7 101 N125URS9PWI N POLICE APX65010 719010 MHZ MID MOBILE RADIO $2,194.00 $221,594 51,535.90 $155,225.80 7a 101 G906 ENH ASTRID DIGITAL CAI OPERATION APX; 5515.00 552,D25 5360.5-0 536,420.50 713 101 G996 ADD PROGRAMMING OVER P25 (OTAP); $100.00 510,2GO $70.00 57.D70.00 7c 101 G51 ENH SNIARTZONE OPERATION ARX6500; $1,200.00 5121,2GO 5840.00 58,4,840.00 7d 101 G361 ADD: P25 9600 BAUD TRUNKING; 5300.00 530,330 $220.00 521,220.00 7e 101 QA010590 AD D TDMA OPERATION; 50.00 so 50.00, 50.00 7f 101 G625 ADD: DES/DES-XL/DES-OFB ENCRYPTION; $599.00 560.499 $429.30 $42,349.30 79 101 G66 ADD DASH MOUNT CONFIGURATION; $125.00 512,625 587.50 58,837.5,D 71h 101 W22 ADD PALM MICROPHONE; 572.00 57.272 $50.40 55.090.40 71 101 G931 ADD AUXILARY SPKR 1516'' WATER RESISTANT: $63.00 56,DED $42.00 54,242.00 7i 101 G335 ADD: ANT 114 WAVE 762-87(0 MHZ; $14.00 51.424 59.90 5989.80 7k 101 G442 ADD APX05 CONTROL HEAD; $432.00 $43,632 5332.40 530,542.40 71 101 G444 ADD APX CONTROL HEAD SOFTWARE; $0.00 SO 50.00 50.00 7m 101 QA0I648 ADD ADVANCED SYSTEM KEY- HARDIRARE KEY; 55.00 $535 53.50 5353.50 7n 10 SUB TOTAL POUCIE APX 6560 7/80 MHZ MDOILE RAD ID - ENCRYPTED i. 5397A51M 53,93130 $397,05120 7p TOTAL BOYNTON REACH POLICE SUBSCRIBERS - ENCRYPTED $1jSZ3S8JDI) Model 2-5 Page 9 of 30 SPARE Motorola Solutions, Gov't & Public Safety Group, 8000 West Sunrise Blvd, Plantation F QA.2i,98 of 305 D" Ir OLUTIONS Model Numbers, Description, Unit Sell & Extended Pricing 8 63H38UCD9PW5 N FIRE RESCUE APX&0007001800 MHZ MODEL 1.5 PORTABLE 52.27&.00 $143.399 $1.593.20 SI00,372.60 Sa 63 Q806 ADD ASTRO DIGITAL CAI OPERATION; 5515.00 532.445 5360.50 S22,712.50 BID 63 G996 ADD: PROGRAMMING OVER P25 (OTAP); $100.00 56.367 $70.00 $4,410.00 Sc 63 H39 ADD SMARTZONE OPERATION; $1,206.60 $75.&00 $840.00 $52,920.66 Sd 63 Q361 ADD P25 9600 BAUD TRUNKING; 5300.00 $ls'goa 5210.00 513,230.00 Be 63 CI 00580 ADD TDMA OPERA71ON; 50.Go $0 50.Go 50.06 Sf 63 QA01649 ADD ADVANCED SYSTEM KEY -HARDWARE: S5.00 $315 53.50 $220.50 Sg 63 QA01937 ALT -ZION IMPRES 9P67 2900NIAH (NNTN 7039 is SIGG.Go 56.300 S70.00 S4,410.00 Sh 63 QA02006AA ENH APX&000XE RUGGED FIRE RESCUE OPTION: $860.00 $53.400 5560.00 535,280.06 8i 63 NNTN9203ABLK IMPRES XE FIRE SAFE7e REMOTE SPEAKER MICROPHONE FM, BLACK, $480.06 $30.240 5336.00 S21,169.00 Sj 63 NNTN7039 SPARE LIION IMPRES IP67 2930MAH (NNTN7039 $142.00 $9.946 $99.40 56,262.20 Sk 63 WPLN7090 APX IMPRES CG SINGLE UNIT USINA:5125.GD $7,975 587.50$5,512.5D 81 SUBTOTAL FIRE RESCUE AFX6M 7/8013 MHZ MODEL 15 PORTABLE - NON ENCRYPTED $266,496-30 $4,230.10 $266,495.30 ii DMI: List EKIDUKed Wit SE11 Exleaded !item (" Nomencwture Equipment Deuripfien trice tht WEE pf"we sell wim 9 22 H3SUCD9PW5 N FIRE RESCUE ARX&GOD 760.1800 MHZ MODEL 2.5 PORTABLE $2.276.G0 550.072 $1.593.20 535.050.40 9a 22 4,906 ADD: A57RO DIGITAL CAI OPERATION; $515.00 S111330 5360.50 $7.931.00 913 22 G946 ADD PROGRAMMING OVER P25 (OTAP); $100.00 $2,200 $70.00 $1.540.01: 9C 22 H39 ADD SMART2CNE OPERATION; 51,200.00 S26,400 S1:0.00 518,497.00 9d 22 0361 ADD P25 9E00 BAUD TRUNKING; 5390.00 SE"&Ga S210.00 S4,620.00 ge 22 QA00590 ADD TDMA OPERATION: 50.00 50 50.00 50.06 91 22 QA01649 ADD ADVANCED SYSTEM KEY - HARDWARE: $5.00 $210 53.53 S77.06 gg 22 QA01937 ALT LIION INIPRES IP67 2SOGNIAH [NNTN 7039 SI00.00 $2.200 $70.00 S1.540.00 911 22 PNININ4063A IMPRES RSM, 3.5MM AUDIO JACK $110.00 $2.420 $77.00 $1.694.00 91 22 NNTN7339 SPARE LI ION IMPRES EP67 2900NIAH (NNTN7039 5142.00 $3.224 $99.40 52.196.90 Sj 22 WPLN7390 AFH IMPRES CG SINGLE UNIT US/NA; $125.00 $2,753 $97.53 $1,925.06 9k SUB TOTAL FIRE RESCUE APX60M 7/8D MHZ MODEL 15 PORTABLE - NON, ENCRYPTED $75,044.20 $3,411.10 $75A44 -M I. Milt LM aleaded unit Sen Ewleaded SeN Item qty Nomenclature Equipment Description wMe Ust Price Price Price 10 23 M25URS4PWI N FIRE RESCUE APX6500 7.1800 MHZ MID POWER MOBILE $2.194.00 $50.462 $1.535.90 535.323.40 10a 23 G996 ADD PROGRAMMING OVER P25 (OTAP); $100.00 $2.300 $73.00 $1.510.00 1013 23 G836 ENH AS7RO DIGITAL CAI OPERATION APX, S515.00 $11.945 5360.53 $9.291.50 10c 23 G51 ENH SMART2ONE OPERATION APX6530, $1.200.00 $27,&00 &GO SSID.Ga $14,320.00 10d 23 G361 ADD P25 TRUNKING SOFTWARE; 5300.00 $6,9013 $213.00 $4.830.00 10e 23 QA00580 ADD TDMA OPERATION: 50.00 50 50.00 50.00 10f 23 G67 ADD REMOTE MOUNT CONFIGURATICN; $125.Go $2.975 $97.53 S2.012.50 10, 23 W22 ADD PALM NUCROPHONE: $72.00 $1.656 $5140 $1.159.20 101h 23 GE31 ADD AUXILARY SPKR 15W WATER RESISTANT, W.Ga $1.390 S42.00 $966.00 101 23 G335 ADD: ANT 12'9 WAVE 762-870 MH2: S14.00 5322 $9.90 $225.40 10i 23 G442 ADD APA O5 CONTROL HEAC; $432.00 $9.936 $302.40 $6.955.20 10k 23 G444 ADD APX CONTROL HEAD SCFTWARE: 50.00 50 50.00 50.00 101 23 QA01649 ADD ADVANCED SYSTEM KEY- HARDWARE KEY S5.00 $115 53.53 $90.50 10m SUB TOTAL FIRE RESCUE APX650 7/300 M RZ MOBILE RADIO - NON ENCRYPTED $3,511-90 I.On TOTAL BOYNTON BEACH FIRE RESCUE SUBSCRI BERS - NON ENCRYPTED City of Boynton Beach 18 -Feb -16 P25 Subscriber Migration Page 199 of 305 B111) MOOLUTIONS Model Numbers, Description, Unit Sell & Extended Pricing 10 6 L30UR59PWIAN APX75a0 700 / 800 MHZ CONSOLETTE CONTROL STATION $4.379.00 $26.274 53.055.33 $18391.80 1 Da 6 W392 ADD CONTROL STATION DESK70P PADDLE MIC, S169.00 $1.014 $119.33 $709.90 1013 6 L993 ADD FULL FRONT PANEL W/ 05 CONTROL HEAD WITH KEYPAD; $789.00 $4.734 $552.33 53.31L3.90 IGc 6 Q806 ENH ASTRO DIGITAL CAI OPERATION; S515.00 53,090 5350.53 $2,163.00 10c1 6 CA01598 ADD iAC L NE CORD US, MCC $0 50.00 $0.00 . & G5I ENH SMART20NE OPERATION; $1.500.00 $9.000 $1.050.00 $6300.00 lof 6 QA0164EA ADD ADVANCED SYSTEM HARDWARE KEY, S5.00 $33 53.53 $21.00 10, 6 G361 ADD. P25 PHASE I FDNIA TRUNKING SOFTWARE OPERATION; MGM $1.800 $210.00 $1260.00 loll 6 GA00580 ADD TDMA OPERATION; MCC 50 50.00 50.00 101 6 G996 ADD OVER THE AIR PROVISIONING; SI00.00 5600 50.00 50.00 loj 6 GE25AP ADD: DES/DES-XL/DES-OFE ENCRYPTION; 5599.00 53,594 $419.33 $2,515.90 10k 6 GA0G469AA ENH EXTENDED DISPATCH OPERATON; S500.00 53,000 5353.00 $2.,100.00 101 SUBTOTAL APX7-S44700 /800 MHZCONSOLEFTECONTROLSTATION - ENCRYPTED *129-20� 775,24 11 19 H51UCF9PVV6 N APY,4GO13 70D / SGO VIH, PORTABLE MODEL 11 PORTABLE T n WAY RADIO, W 51,15600 533,364 51,229 20 523,35490 Ila 19 QA04965 ADD TWO KNOB CONFIGURATION 50.00 so MOD MCC Illb 19 QA02756 ENH 3600 OR 9600 TRUNKING BAUD SIN $1.570.00 $29.9319 SI.099.00 $20,881 .00 Ilc 19 G996 ADD OVER THE AiR PROVISIONING; MGM $1.930 $70.00 $1.330.00 Ild 19 QA00590 ENH TDMA P25 TRUNKING OPERATION 50.00 so MOD MCC Ile 19 QA01649AA ADD ADVANCED 5Y57 EM KEY- HARDWARE KEY, $5.00 $95 53.50 566.53 Ilf 19 NNTN8128ER ADD SPARE IMPRES STD -I ION 1900M 2000T BA77ERY $202.00 51.938 $71.440 $1.356.63 111; 19 48PU44232A CHARGER, SINGLE -UNIT, IMPRES, 1.25A, 115VAC, US; NA 563.00 $1.197 S44.10 $937.93 111, 19 PMr,1N4G62A APR IMPRES RSM, NOOSE CANC. EMERGENCY EU77ON 3.5MM JACK iP54 $207.00 $2,033 $74.90 $1,423.10 SUB TOTAL APX4000700/SM MHZ PORTABLETWOWAY RA0110- NON ENCRYPTED $2,592.10 TOTAL BOYNTON BEACH NON PUBLIC SAFETY SUBSCRIBERS - NON ENCRYPTED ALbove Pricing is in accordance with State of Florida Commodities Contract 725-5,00-12-1 valid 'from 07/19i2011 Page 11 of 30 Motorola Solutions, Gov't & Public Safety Group, 8000 West Sunrise Blvd, Plantation F'QPkO of 305 D" 111) M07`10ROLA SOLUTIONS P RMWIT SPH SHE -7 A -l"." : DoA,vonng oumlardng perf.-wriance in E mivvac ' f,aim'm fouread-nost TheAPV0010 p-erlomers dT l &oas gnu lha airdpoed f -s mms sLrh ss KIi.,Mn C6tcal 'ffreom d GPS Io mim iracktnu r§ a snpil, FY25 N' -w 2capable ra&.i. 'Whe-.Fmr},ou're an up lr6 ar iacrig m a fire, the ArYk GDOE put you it gramr,,r railml r,' V�mx Ealel),, mspcma tme -md, tahnabgy rivestTrew. Focus on thetask-nol, the ffir rcAl,ovorld raa�., r,�ia If-ot t, i ms wismm mm6c'l ivo' mission sompisle, CUTTING-EDGE FEATURES IN A COMPACT SIZE �-rwm%v pi4mml, y-werr, � mcm pa xv '-w €€3.cwmnr� -xim a� knick"rnq q , p . mplorz --iii Emed aAmki Ix. k n -T dvm� ala -0va, -a 1r:r "r "r4z -al mffi Winwrl Invoo amo ID frxi in 'mflk' EXCELLENT AL10:10 YOU CAN HEAR LOUD A ND CLEAR I vxi k -1 a A -. 'rsmv'n�a' csrmm - 'hceg .am. mrV'q nk Tw'm v 11p crag r% rrr S laa wix! -I mrTaFmw imm mr-min: I qu=d, Midi -.N �Uv= MAN daty vaur�-,�&r FUTURE -READY TEGHNOLOGY TO RELY GN TODAY 14".An w& "M w-mlml Alt A zpj � la ipj.d cm, rm W. 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Page 26 of 30 City of Boynton Beach 18 -Feb -16 P25 Subscriber Migration Page 215 of 305 B111) MOT�OROLA SOLUTIONS ADispatch Locations PPMUCT3 EI NEE ..VA 11 y CONSOLETTE karior,I€7 X17 eY E ij.r;ry 01- `rrt 7:: pErAr6' :€Gr.,�w"al .,ear rcalG,d ..wa eJ-"R iTd{. +infriai w.a kR7il_sklimr,, afeJ 1, g r r uacor. rsr wl�,-Ir.€i mei. ,r w¢ IG€, . lj,narr: .. r 05 XV-- nr iaLg, pVxmr: t_ lar al r,(cr rEa rle l: re. I ; e burl mrAv I a . aJ saga. u r.e as I MOm, m€rr M..'r meawar.mmmr4s :srlx rr, w..r9i.� r i^.P aura. rlrlil,;re €ar s 1 bsL nan-'s rs diffr n.la �Ys eln €rim lar am ry Fn I'm ntim-w.s COMMECT WITH CONFIDENCE h spmdb Lnvi'k ID:ria:'1� rs"Rrl[ M4 MrAB{ = '1s:� s 1 �saiX17--m Vd n rux,er.6 fi `''t^arx€:'�reiur Is�u i�ts�w�a�4c lExr .er,xxe�s... tsr- r 1€p s.3se�samn a"rs.,€_x�e�4smR. axa�ka�l es•.ra�stuss �H.I ss��..fxiok:mrr��st�, - „,a;.,.��R.,elnvilsa.:�rra�twsa s rpr.,us'ESG 3RHgpy �Vc,,fz mw, .y �^ €mv^rrr s"9ixg er, rl K GRATE AT YOUR OWN P,,V,'E esw Irsv aP.daa;k.,xxI!n mc ...IHRA.. Nrr m6mwfxHm :tlXl e8=1is-P. D mImm r)V +A {H+Evrc";gl€a!!k E a;,Eyeamt,.s. I�w a~<•,. :^,�:��i xa kE��.r d:sl:�m;asz. daa):hmm &I V FOR THE TOUGHEST TASKS I.rnavwdEfig,.eri;xRaulagrok•"a;Ir miimr "X '�1( krr?x#t slfi?sa ISP s r€ :essvda aa�E< i;xE a��:�timwui i€rwe Ae�srr mss ,� rszrsax&miEtp ,�a w I sE iorar. w, ¢mmm it A. gmcs in AAXf5S'X't E ors„H,krBCCram . EAMUZ1D.dr.-11-iINn AM rro-.5 MlraraiI CC ud 1."... kmnmr;Err, a Hamxsi "7a wo ROBUST ANF hllT,SIGN REAR" C�F'i E461 JAI Vrt_,r:.Y.' I "Ire ev! xl zNmr.r,r.x,mfk, ��1," A,�a^ 1 1, SUIVI�,mR l:,a TP.Ialn dw.my eS.d_E"vGi: aN ,9E. mv. .zRTR 'r.E 1. ;HExsSr, y r uVYi7 Rm RkkeR.wrrr 11mANP,J pm-,ym &;,.m r.rA.'3melf.ki r•6im ry YSE h rRA'mix. -fl wx r;.r:re ecw skrrr,:+r' e66Als. `t"5:'&r l; emm. zw. MIN'm:,vs.ru Ryan D t=-r.�r..�wd we rhmI�� a amr cl rrlr,'z i"Him: k%,5 rmn umrrr.€mE. Page 27 of 30 Motorola Solutions, Gov't & Public Safety Group, 8000 West Sunrise Blvd, Plantation F QPY`l 6 of 305 D" 111) MOOLUTIONS Dispatch Locations MSIM SPE: HEY, Aff�� i"X11,14.11,111MIr 1'11'1%,S�11�1 "I UANDAPU F-ATURFS 115 CONTRC11- G HE= VL 1 , E. r AS p;x."" 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X�... „2y 07'WL Page 29 of 30 4 3 Motorola Solutions, Gov't & Public Safety Group, 8000 West Sunrise Blvd, Plantation F Q62il 8 of 305 t, r OLUTIONS A� Dispatch Locations PPt*xSIXT SFF:91iEY ,.tsarrkw .r, "A,'sat., d.9 r, UIEIE .«. ' ,, a, ,�,m.x � a c . ss=enu •.uusa +rt .`7id :; A r,a.,aor—. ,mK .,uxv.wnk. nrcn'�ig e a k iv` . TA 0K .4.R"='. 'TA u "k-l'„t. OYI,-'aV .A:Y— ... K..Mrs . Mk= MA S,rdS rn r1 "W ;.cc rmrn.+c �s.wwca €eS FM 15 as > u X, d.9 r, UIEIE .«. ... . MmwIx.rmry +rt .`7id :; ME -1 ME-1 Vkh r. W nrcn'�ig e a k iv` . m K..Mrs . Mk= ;.cc rmrn.+c �s.wwca €eS rn wmv�o3s t �r � t �, :vac .sir x..uns, re dyv�x,a,..w.. �;sa�x tW rw ..unsoez i y” W:i.` FM 15 e'A,MI mumWERLEMEL. d.9 r, UIEIE .«. ... . MmwIx.rmry +rt .`7id :; ME -1 ME-1 Vkh r. W FM 15 e'A,MI mumWERLEMEL. d.9 r, UIEIE 'K..Vkh .. w 'k E S., anti,-gs , €,'+ 4Z ME -1 ME-1 Vkh r. W a k iv` . e:V.`1S• K..Mrs . Mk= das,P Oda; cr mr..irc information b aj. how t . inisraF=:sr 1m wthml l ao� n�:�riels, t~<i. tar.;u E .d .€•��r t a 4aukims:teir:ksmryr.I�llog€:)s(II laP ainxs_.9fi c�l��la'IutsaF�s. rrf .itP.—xe!"' .� ,m�t..szu3° rea5fr:' s-asa; xt' .�an�.a �u er-ga rYA. x ery aniat' to artw�i A.�. 3hi.. .n� . :.. Iiley a 'E'll; 2110 N� Page 30 of 30 City of Boynton Beach 18 -Feb -16 P25 Subscriber Migration Page 219 of 305 Land Mobile FM or PM Communications Equipment / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of Management FLCQJDA DPARNPO Cf SITE MAP I CONTACT DMS MYFLORIDAHOME management S E R V I C E f Vj i n, YC- those wttio — 11 -id. IN liligilom ervices > �Btj �iness Q �)erafior�is > 5,V3te_Purchc-.,m > Vendor Information > State [3 Search Current Location Lontracts and Am@- --,L ate Terra Contracts > Land Mobile FM or PM Communications Equipment Im j _aau rt > 'St� Land Mobile FM or PM Communications Equipment Edgi§19 gon'tracturs How to Use this Contract -Questions Compi[e±g_g�ontract - Microsatt Word Comkipte Contract PDF Amendments and LVIemoraridunis Cum gtete Contract 11711PIS - E[24mo��jkgmjgLst Cum gtete Contract - IrIlPrb - Reseller at Reguest Com tete Contract- Emdmoto rn �R to _rM Complete Contract - Resplipr Add Re up-st _ Land Mobile FM or PM Communications Equipment 725-500-12-1 Effective 07/19/2011 through 06130/2016 Period Contract Type State Term Contract Contract Pricing, Information Contractors Plow to Use this Contract Contract Microsoft Word 387.96 K13) Documents EQL, ( 2.53 MB) Amendments and Memorandums L[�Pl; Product Chanqg-,,_L��,,L-,, 15.24 K13) qL IIP -1 � e, S e, I I e, r Ado -1 � e, 15.48 K13) Product -CJi-a-rigg,�-,stform 674.00 K13) LIRLse,,11er Add `RE-.,cjLLE,jt 27.50 K13) Contract Justin Bovriton Administration (850) 410-0978 L - -L - � �.CLd a ( L y it .c -,orn jjL,_afinrBo LQ�jd r�iaLrjLl Commodity 725-040-000-0000, 725-500-000-0000, 725-520-000-0000, 725-522-000-0000, 725-560-000-0000, Codes I 725-562-000-0000, UNSPSC-43221706, UNSPSC-43191510 797-MMUT-1 This multiple -award state term contract includes three categories of trunked and conventional radio equipment. Category One: Public safety radios for personnel that operate in a fully public and expansive environment, such as law enforcement, Fire, EMS and DOC, Military Standards required; Category Two: Public safety radios for personnel that operate in a contained environment, such as DOC's yard radio system, Military Standards optional; and Category Three: Utility -grade radios for non- public safety entities. This contract differs from the Statewide Law Enforcement Radio System (SLERS) contract and offers FCC P-25 compliant and interoperable radio communications equipment. ?I_ • FCC P-25 compliant and interoperable radio equipment available from multiple manufacturers • Discounts range from 10% to 44% off manufacturers' MSRP price lists; please review the price sheets on the DIMS website or the contractor's State of Florida state term contract website • Additional discounts for large quantity orders may be offered; please consult the contractor prior to placing your order • Inside delivery, F.O.B. Destination, to the ordering agency within 30 days after receipt of the purchase order • Statewide coverage Document reader download links i, l 11,15 \/Vord Viewe, Adobe PDF Reader ' LIS Excel Viewer Page 220 of 305 http://www.dms.myflorida.com/ ... tions/state_purchasing/vendor information/state_contracts-and-agreements/state term contracts/land_mobile-fm-or�-pm-communications-equipment[2/25/201611:58:47AM] Land Mobile FM or PM Communications Equipment / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of Management Page 221 of 305 http://www.dms.myflorida.com/... tions/state_purchasing/vendor_information/state_contracts_and_agreements/state_ term _contracts/land_mobile_fm_or_pm_communications_equipment[2/25/2016 11:58:47 AM] AMENDME'0-1t.'T3 STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES STATE TERM CONTRACT NUMBER 725-50y,, . ;i AND MOBILE FM OR PM COMMUNICATIONS EQUIPMENT ASSIGNMENT This ASSIGNMENT (the "Assignment") of the above�referenced state term contract, ("Contract"), effective the date of full execution is between First Communications, hereinafter "Assignor", having its principal office at 234 Blountstown Highway, Tallahassee, Florida 32304, Mobile Communications of North Florida, LLC dba First Communications, hereinafter "Assignee", having its principW office at 234 Blountstown Highway, Tallahassee, FL 32304, and the State of Florida Department of Management Services hereinafter "Department' having its principal office at 4050 Esplanade Way, Tallahassee, Florida 32399 (collectively, the"Parties"), li Assignor entered into the: Contract with the Department� 11. Assignor wishes to assign all of its rights, duties and obligations under the Contract to the Assignee-, and lllAssignor and Assignee guarantee Assignee's complete: qualification, under, the original solicitation that resulted in the Contract, to have been a bidder and to maintain itself as a contractor thereon. The Parties agree as follows: 1. The above recitals 11-111 are true, incorporated by reference as if fully stated herein, and intended by the Assignee and the Assignor to induce the Department to enter into this Assignment. 2. Assignor and Assignee agree to the Assignment of the Contract. 3. Assignee accepts the assignment of all of Assignor's obligations, responsibilities and duties under the Contract and all of Assignors rights, titles and interest in and to the Contract. 4. The Parties agree that this Assignment of the Contract establishes a new contractual relationship between the Department and Assignee and extinguishes all obligations between Assignor and Department, except as set forth in this Assignment. 5. The Department consents to the Assignment. 6. Assignor acknowledges that Assignor is liable for the obligations of the Assignor created under the Contract prior to the Assignment of the Contract and is secondarily liable for the obligations of the Assignee under section 4.29 of the Contract, 7. The Department does not release Assignor from any claims or remedies it may have against Assignor under the Contract. 8. To the extent any of the terms of this Assignment conflict with the terms of the Contract, the terms of this Assignment shall control, All other terms of the Contract remain in full force and effect. 9. Each person signing this Assignment warrants that he or she is duly authorized to do so and to bind the respective party. Page 222 of 305 IN WITNESS WHEREOF, the parties set their hands and seals as of the date first above written by their duly authorized representatives. State of Florida Department of MArr"ement Services Ey: Name: Erin Rock Title: DepubLSecretary Date, /0 - 77-,(r Fir -qt r1nmmitnicatinnn Date. Mobile Communications of North Florida, LLC dba First Communications (FEIN#: 46.3326861) By: AZ /-v Name, '711-4 /,-/ Title: ezf-o Date: 10 - �2- /S Page 223 of 305 Amendment 2 Contract Renewal 1 To State Term Contract 725-500-12-1 Land Mobile FM or PM Communications Equipment This Amendment ("Amendment") effective, as of June 30, 2014, to the Land Mobile FM or PM Communications Equipment Contract, No. 725-500-12-1 ("Contract") is effective between the State of Florida, Department of Management Services ("Department" or "Customer") and ("Contractor"). Department and Contractor are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein. 1.0 CONTRACT RENEWAL The contract is hereby renewed for two years pursuant to Section 6.0 thereof. The new contract expiration date is June 29, 2016. 2.0 CONFLICT To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this renewed contract. The replacement contract shall supersede and cause early termination of this renewed contract number 725-500-12- 1. State of Florida, Contractor Department of Management Services By_ By: Name: Kelley J. Scott Name: Director of State Purchasing and Title: Chief Procurement Officer Title: Date: Contract No.: DMS 725-500-12-1 Date: Page 1 of 293 Page 224 of 305 AMENDMENT 1 TO State Term Contract No.: 725-500-12-1 Land Mobile FM or PM Communications Equipment This Amendment, effective as of the last date signed below, by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and (Contractor), amends State Term Contract No. 725-500-12-1 (Contract). I. REPORTING REQUIREMENTS Section 5.8, (Contract Reporting Requirements) of ITB No. 09-725-500-A is superseded and entirely replaced with the following: 5.8 Contract Reporting Requirements Each Contractor shall submit a sales report on a Quarterly basis. Reporting periods coincide with the State Fiscal Year: • Quarter 1- (July -September) • Quarter 2 - (October -December) • Quarter 3 - (January -March) • Quarter 4 - (April -June) Each Quarterly Sales Report must be in Excel format and shall include: Contractor's Name and contact information as required on the Department of Management Services "Contract Quarterly Report" • Detail of time period covered by included data • Total sales including detail of list price and contract price • Transaction detail will include: Part Number/SKU Your product part number if applicable Item / Service Name Given name of Item or Service MFG Manufacturer, Publisher, Service Provider Item Category Description of the product category, according to attached table Item Subcategory Additional grouping for item Product Description Additional detail for item Customer Name State Agencies, Universities, Political Subdivisions, Other Eligible Users UNSPSC Code United Nations Standard Products and Services Code® (Not until separate written request by the Department) Florida Commodity Code Florida Commodity Code UOM Unit of Measure UOM Description Description of unit of measure Volume Quantity Number of items/services purchased/provided Order Date Order date Date Delivered Delivered date to customer Purchase Type Purchase Order, Payment Card, Other List Price List price (Market + fee contracts use market price) Contract Price Contracted price with state per contract terms Additional Fields Any new information related to your company's products/services Contract No.: DMS 725-500-12-1 Page 2 of 293 Page 225 of 305 Failure to provide quarterly and annual sales reports, including no sales, within 30 calendar days following the end of each quarter (January, April, July, and October) and/or contract year may result in the contract supplier being found in default and termination of the contract by the Department. Upon request, the Contractor shall report to the Department, spend with certified and other minority business enterprises. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this contract. Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor without prompting or notification by the Contract Manager. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Manager. II. CONFLICT To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force. III. WARRANTY OF AUTHORITY Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party. State of Florida, Department of Management Services By: Name: Kelley J. Scott Director of State Purchasing and Title: Chief Procurement Officer Date: Approved as to form and legality By: Office of the General Counsel Contract No.: DMS 725-500-12-1 Contractor Name: By: Name: Title: Date: Date Page 3 of 293 Page 226 of 305 CONTRACT BETWEEN FLORIDA DEPARTMENT OF MANAGEMENT SERVICES .MB CONTRACTOR Contract No.: 725-500-12-1 This Contract is by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and Contractor. Whereas, the Contractor replied to the Division's Invitation to Bid ("ITB"), No.: ITB 09-725-500-A — Land Mobile FM or PM Communications Equipment, and the Department awarded to the Contractor pursuant to the terms and conditions of the ITB; Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract No.: 725-500-12-1. 1.0 NAME OF PROJECT Land Mobile FM or PM Communications Equipment 2.0 SUMMARY OF THE CONTRACTUAL SERVICES / SCOPE OF WORK Land Mobile FM or PM Communications Equipment, this state term contract includes the purchase of public - safety grade two-way voice radios (Category 1 or Category 2), and non-public safety two-way voice radios (Category 3), as well as dispatch consoles, RF Control Stations, Vehicular Repeaters, and radio equipment batteries and accessories. 3.0 SUMMARY OF PENALTY FOR FAILURE OF CONTRACTOR TO MEET TERMS & CONDITIONS The primary penalties for failure to meet the Terms and Conditions include Termination for Convenience, Section 4.22, and Termination for Cause, Section 4.23 of ITB 09-725-500-A. 4.0 EFFECTIVE DATE This Contract shall begin on July 1, 2011 or on the last date in which it is signed by all parties, whichever is later. 5.0 EXPIRATION DATE This Contract shall expire June 30, 2014, unless cancelled earlier in accordance with its terms. 6.0 RENEWAL Upon mutual written agreement, the Department and the Contractor may renew Contract No. 725-500-12-1 for up to Three (3) years pursuant to the provision of PUR 1000 Section 26 and per Section 1.2 of ITB 09-725-500- A. 7.0 INTELLECTUAL PROPERTY The parties do not anticipate that any intellectual property will be developed as a result of this Contract. 8.0 PREFERRED PRICE The Contractor agrees to submit to the Department, at least annually, an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 4(b) of form PUR 1000. Contract No. DMS 08/09-020 Rebid - A September 26, 2008 Siemens Building Technologies ContractPage 1 of 293 Page 227 of 305 9.0 EMPLOYMENT VERIFICATION Contractor agrees that it will enroll and participate in the federal E -Verify Program for Employment Verification under the terms provided in the "Memorandum of Understanding" governing the program. Contractor further agrees to provide to the Agency, within thirty days of the effective date of this contract, documentation of such enrollment in the form of a copy of the E -Verify "Edit Company Profile" screen", which contains proof of enrollment in the E -Verify Program (this page can be accessed from the "Edit Company Profile" link on the left navigation menu of the E -Verify employer's homepage). Contractor further agrees that it will require each subcontractor that performs work under this Contract to enroll and participate in the E -Verify Program within ninety days of the effective date of this Contract or within ninety days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E -Verify Program and make such record(s) available to the Agency upon request. Contractor further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Agency or other authorized state entity consistent with the terms of the Memorandum of Understanding. 10.0 CONTRACT DOCUMENTS The Contractor responded to the Department's ITB No. 09-725-500-A, titled LAND MOBILE FM OR PM COMMUNICATIONS EQUIPMENT. The Department has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. The specific items awarded to Contractor, and the maximum rates Contractor may charge Customers, are identified on the attached Price Sheet. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287.042(2)(a) of the Florida Statutes (2001). The term of the Contract is effective from the last date signed below until June 30, 2014. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: • Any written amendments to the Contract • This Contract document, including Price Sheet • Original Invitation to Bid solicitation document • Any written Addendums issued during solicitation period • Contractor's Invitation to Bid submittal documents • Any purchase order under the Contract 11.0 CONTRACT MANAGEMENT The Department employee who is primarily responsible for maintaining the Contract administration file shall be as follows: Trey Collins, CPPB, FCCM Purchasing Analyst Department of Management Services Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 (850) 488-9996 (Voice) (850) 414-6122 (Fax) trev.collins(a-)dms.myflorida.com 09-725-500-A Land Mobile FM or PM Communication Equipment Page 1 of 233 Page 228 of 305 The Department may appoint a different Contract Administrator, which shall not constitute an amendment to the Contract, by sending written notice to the Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Administrator. 12.0 VENDOR CERTIFICATION REGARDING SCRUTINZED COMPANIES LISTS In executing this Contract, the Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), F.S., the Contractor agrees the Department may immediately terminate this Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Contract. 13.0 WARRANT OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. State of Florida, Department of Management Services: By: Name: Title: Date: Approved as to form and legality BV: Office of the General Counsel Contractor: By: Name: Title: Date: Date 09-725-500-A Land Mobile FM or PM Communication Equipment Page 1 of 233 Page 229 of 305 Contractors / Land Mobile FM or PM Communications Equipment / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of ... FLCQJDA DPARNPO of SITE MAP I CONTACT DMS MYFLORIDAHOME management S E R V I C E f Vj i 4Ve-. those wttio serve Rorida IN liligilom f � 0!!CI a ��C7 Ca(ttTl Fntt$_C�[ ��rI It��,C, Fn tT1 Fn It2 ervices > 1� inesess %� )erafiorls > :`hate F urchc-., rm C;, > Vendor (nformF:ation > State Im (..Ontr'acts and fiCiCeernerlt5 > Mate i erm Contracts > Land Mobile FM OI PM Commur cation t Cit IDrnertt > Contractors Q Search Current Location m--_gau--ta--------- ------------------------------- Land Moblille FNS or IP Communli bion Ii rpt Edging Contractors Contractors - Mobile Communications ns ofP' North Florida dba First Communications ns Contractors - Harris Corporation Contractors - Isom A.merica Contractors - Midland adso CorMor«atiorn Contractors - Motorola otuuttouas Contractors - Secom yteams Contractors - Tait Radio Communications ns Contractors - TeclMet hunter nartiornat Contractors - Williams Communications How to Use this Contract Questions Cornua "__ gritract .- Microsofrt Word Gown leke Contract PQF Amendments eats asun Mrmorandums Gown leke Contract - `I'll . r2Aru t C@naaun g_KggtneSk Complete Contract - "11711PIS Land Mobile 11 Contractors Page 230 of 305 http://www.dms.myflorida.com/... purchasing/vendor_information/state_contracts_and_agreements/state_ term _contracts/land_mobile_fm_or_pm_communications_equipment/contractors[2/25/2016 11:59:32 AM] Florida Climate Utilizes Recycled Coverage Name CBE Code Friendly Authorized Products Area Preferred Resellers Products Q-Ule A - Non -Minority No No No Statewide Cornrntaniatiorra of iLQL r Floridan FirstMMMMMMMp ��<)�Slrliilrtjc��ticrts. s A - Non -Minority No Not Specified Yes Statewide C�c�rtcr�tic�rl, Lca� corn Arne dL A - Non -Minority No Not Specified Yes Statewide Midlarrd Raadio A - Non -Minority Not Specified No Yes Statewide CCorporatiorr___r j, torola A - Non -Minority Not Specified No No Statewide Solutions secorn�f�Yrstgms A - Non -Minority Not Specified No No Statewide Lpit f2 dic N - African- No Not Specified Yes Statewide Communications American, Non Certified [ecNet A - Non -Minority No Not Specified Yes Statewide International WL -IT mn- A - Non -Minority No Not Specified No Statewide CCornrni_inicertiorrs Page 230 of 305 http://www.dms.myflorida.com/... purchasing/vendor_information/state_contracts_and_agreements/state_ term _contracts/land_mobile_fm_or_pm_communications_equipment/contractors[2/25/2016 11:59:32 AM] Contractors / Land Mobile FM or PM Communications Equipment / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of -- zk!:L�w-.9 kAEt-kq:t .- roga1rr Cr-, RLquest form Complete Contract - Reseller Add RPaaP-,4t Return to State Contracts and Agregmg.iu. Page 231 of 305 http://www.dms.myflorida.com/... purchasing/vendor_information/state_contracts_and_agreements/state_ term _contracts/land_mobile_fm_or_pm_communications_equipment/contractors[2/25/2016 11:59:32 AM] ITB Issue Date: January 12, 2011 Responses Due: March 8, 2011 Refer ALL Inquiries to: Trey Collins Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399 Contract No. DMS 08/09-020 Rebid - A September 26, 2008 Siemens Building Technologies ContractPage I of 308 Page 232 of 305 TABLE OF CONTENTS Section 1.0 Introduction 1.1 Background 1.2 Purpose and Scope 1.3 Product and Service Offerings 1.4 Contact Information 1.5 Event Timeline Section 2.0 General Instructions to Respondents [PIT 1001(10/06)] 2.1 Definitions, 2.2 General Instructions. 2.3 Electronic Submission of Responses. 2.4 Terms and Conditions. 2.5 Questions. 2.6 Conflict of Interest. 2.7 Convicted Vendors. 2.8 Discriminatory Vendors. 2.9 Respondent's Representation and Authorization. 2.10 Manufacturer's Name and Approved Equivalents. 2.11 Performance Qualifications. 2.12 Public Opening. 2.13 Electronic Posting of Notice of Intended Award. 2.14 Firm Response. 2.15 Clarifications/Revisions. 2.16 Minor Irregularities/Right to Reject. 2.17 Contract Formation. 2.18 Contract Overlap. 2.19 Public Records. 2.20 Protests. 2.21 Limitation on Vendor Contact with Agency During Solicitation Period. Section 3.0 Special Instructions To Respondents 3.1 Additional Definitions 3.2 Order of Events 3.3 Order of Precedence 3.4 Who May Respond 3.4 MyFloridaMarketPlace (MFMP) ITB Overview 3.6 MFMP Sourcing Tool 3.7 Email Notification 3.8 Questions and Comments from Respondents 3.9 Response Information 3.9.1 Price Sheet Responses 3.9.2 Alternate Responses 3.9.3 Savings/Price Reductions 3.9.4 Ordering Instructions 3.9.5 Sample Contract Page 3.9.6 Certification Table 3.9,7 Contact Information 3.9.8 Certification of Drug -Free Workplace Page 233 of 305 3.9.9 State of Florida Vendor Responsibility Questionnaire 3.9. 10 Emergency Situations 3.9.11 Authorized Dealers 3.9.12 References 3,9. 13 Manufacturer's Authorization Form 3.10 Basis for Award 3.11 Estimated Sales 3.12 Addenda to the ITB Documents 3.13 Initial Determination of Responsiveness 3.14 Evaluation and Selection process 3.15 Electronic Posting of Intent to Award 3.16 State Objectives 3.16.1 Diversity 3.16.2 Environmental Considerations 3.16.3 Certification of Drug -Free Workplace Program 3.16.4 Products Available from the Blind or Other Handicapped (RESPECT) 3.16.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) 117 Firm Response 3.18 Lobbying Section 4.0 General Contract Conditions (State of Florida Form PUR 1000) 4.1 Definitions. 4.2 Purchase Orders. 4.3 Product Version. 4.4 Price Changes Applicable only to Term Contracts. 4.5 Additional Quantities. 4.6 Packaging. 4.7 Inspection at Contractor's Site. 4.8 Safety Standards. 4.9 Americans with Disabilities Act. 4.10 Literature. 4.11 Transportation and Delivery. 4.12 Installation. 4.13 Risk of Loss. 4.14 Transaction Fee. 4.15 Invoicing and Payment. 4.16 Taxes, 4.17 Governmental Restrictions. 4,18 Lobbying and Integrity. 4.19 Indemnification. 4.20 Limitation of Liability. 4.21 Suspension of Work. 4.22 Termination for Convenience. 4.23 Termination for Cause. 4.24 Force Majeure, Notice of Delay, and No Damages for Delay. 4.25 Changes. 4.26 Renewal. 4.27 Purchase Order Duration. 4.28 Advertising, 4.29 Assignment. 4.30 Antitrust Assignment gzf�Wl Page 234 of 305 4.31 Dispute Resolution. 4.32 Employees, Subcontractors, and Agents. 4.33 Security and Confidentiality. 4.34 Contractor Employees, Subcontractors, and Other Agents. 4.35 Insurance Requirements. 4.36 Warranty of Authority. 4.37 Warranty of Ability to Perform. 4.38 Notices. 4.39 Leases and Installment Purchases. 4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). 4.41 Products Available from the Blind or Other Handicapped. 4.42 Modification of Terms. 4.43 Cooperative Purchasing. 4.44 Waiver. 4.45 Annual Appropriations. 4.46 Execution in Counterparts, 4.47 Severability. Section 5.0 Special Conditions 5.1 Purchasing Card Program 5,2 Product Acceptance 53 Contract Service Requirements 5.4 Performance Standards 5.5 Intellectual Property 5.6 Confidential Information 5.7 Delivery 5.8 Contract Reporting Requirements 5.9 Business Review Meetings 5.10 Implementation of Contract 5.11 Contractor's State Contract Webpage 5.12 Electronic Invoicing 5.13 Request for Quotes 5.14 Price Adjustments 5.15 Contract Revisions 5.16 New Product Additions 5.17 Purchase Orders 5.18 Authorized Dealers 5.19 Compliance with Laws 5.20 Environmental Standards 5.20.1 Florida Climate Friendly Products 5.20.2 Energy Star Compliant 5.21 Packaging 5.22 Manufacturer's Name and Approved Equivalents 5.23 Title to Deliverables 5.24 Software License Grant 5.25 Warranty 5.26 Warranty of No Hardstop/Passive License Monitoring 5.27 Preferred Price Z,� . r wM I Page 235 of 305 Section 6.0 Technical Specifications 6.1. Scope and Classification 6.1.1. Scope 6.1.2. Classification 6.1.3. Definitions and Acronyms 6.2 Applicable Regulations and Standards 6.2.1. The United States Code of Federal Regulations 6.2.2. Telecommunications Industry Association and DMS Radio Standards 6.2�.3. United States Military Standards 6.2.4. Vendor Specification Compliance Verification 6.3. Technical Requirements 6.3.1. Interpretation 6.4. Analog Base Station/Repeater Radios 6.4.1. General 6.4.2. Analog Base Station/Repeater Radio Power 6.4.3. Analog Base Station/Repeater VHF High -Band Performance Characteristics-, 12.5 kHz- Category 1 6.4.4. Analog Base Station/Repeater VHF High -Band Performance Characteristics: 12,5 kHz — Category 2 6.4.5. Analog Base Station/Repeater VHF High -Band Performance Characteristics: 12.5 kHz — Category 3 6.4.6. Analog Base Station/Repeater UHF Band Performance Characteristics: 12.5 kHz — Category 1 6.4.7, Analog Base Station/Repeater UHF Band Performance Characteristics: 12.5 kHz — Category 2 6.4.6. Analog Base Station/Repeater UHF Band Performance Characteristics: 12.5 kHz — Category 3 6.4.9. Analog Base Station/Repeater 700/800 MHz Band Performance Characteristics, 25 kHz - Category 1 6.4.10. Analog Base Station/Repeater 700/800 MHz Band Performance Characteristics: 25 kHz - Category 2 6.4.11. Analog Base Station/Repeater 700/800 MHz Band Performance Characteristics: 25 kHz - Category 3 6.5. Analog Mobile Radios 6.5.1. General 6.5.2. Optional General Accessories 6.5.3. Mobile Radio Power 6.5.4. Mobile Radio Equipment Environmental Specifications 6.5.5. Analog Mobile VHF High -Band Performance Characteristics.- 12.5 kHz- Category 1 6.5.6. Analog Mobile VHF High -Band Performance Characteristics: 12.5 kHz- Category 2 6.5.7. Analog Mobile VHF High -Band Performance Characteristics: 12.5 kHz- Category 3 6.5.8. Analog Mobile UHF Band Performance Characteristics: 12.5 kHz- Category 1 6.5.9. Analog Mobile UHF Band Performance Characteristics: 12.5 kHz- Category 2 6.5.10. Analog Mobile UHF Band Performance Characteristics: 12.5 kHz - Category 3 6.5.11. Analog Mobile 700/800 MHz Band Page 236 of 305 Performance Characteristics: 25 kHz - Category 1 6.5.12. Analog Mobile 7001800 MHz Band Performance Characteristics.- 25 kHz - Category 2 6.5.13. Analog Mobile 700/800 MHz Band Performance Characteristics: 25 kHz - Category 3 6.6. Analog Portable Radios 6.6.1. General 6.6-2. Optional General Accessories 6.6,1 Portable Radio Power 6.6-4. Optional Portable Radio Power Accessories 6.6.5. Portable Radio Equipment Environmental Specifications 6,6.6. Analog Portable VHF High -Band Performance Characteristics: 12.5 kHz- Category 1 6.6.7. Analog Portable VHF High -Band Performance Characteristics: 12,5 kHz- Category 2 6.6.8. Analog Portable VHF High -Band Performance Characteristics: 12.5 kHz- Category 3 6.6.9. Analog Portable UHF Band Performance Characteristics: 12.5 kHz- Category 1 6,6.10. Analog Portable UHF Band Performance Characteristics: 12.5 kHz- Category 2 6.6.11. Analog Portable UHF Band Performance Characteristics- 12.5 kHz- Category 3 6.6.12. Analog Portable 700/800 MHz Band Performance Characteristics- 25 kHz— Category 1 6.6.13. Analog Portable 700/800 MHz Band Performance Characteristics- 25 kHz— Category 2 6.6.14. Analog Portable 700/800 MHz Band Performance Characteristics: 25 kHz— Category 3 6.7, Project 25 (P25) Base Station/Repeater Radios 6.7.1. General 6,72 P25 Compliant Base Station/Repeater Radio Power 6.7.3. P25 Compliant Base Station/Repeater VHF High -Band Performance Characteristics: 12.5 kHz- Category 1 6,7.4. P25 Compliant Base Station/Repeater VHF High -Band Performance Characteristics: 12.5 kHz- Category 2 6.7.5. P25 Compliant Base Station/Repeater VHF High -Band Performance Characteristics: 12.5 kHz- Category 3 6-7.6. P25 Compliant Base Station UHF High -Band 6.7.7. P25 Compliant Base Station/Repeater UHF High -Band Performance Characteristics: 12.5 kHz- Category 2 6.7.8. P25 Compliant Base Station/Repeater UHF High -Band Performance Characteristics: 12,5 kHz- Category 3 6.7,9. P25 Compliant Base Station/Repeater 700/800MHz Band Performance Characteristics; 12.5 kHz - Category 1 6.7.10. P25 Compliant Base Station/Repeater 700/800MHz Band Performance Characteristics: 12.5 kHz - Category 2 6.7.11. P25 Compliant Base Station/Repeater 700/800MHz Band Performance Characteristics-, 12.5 kHz - Category 3 6.8. Project 25 (P25) Mobile Radios 6.8.1. General 9�- • 1 Page 237 of 305 6.8.2. Configurations 6.8.3. Optional General Accessories 6.8.4, Mobile Radio Power 6.8.5. Mobile Radio Equipment Environmental Specifications72 6.8.6. P25 Compliant Mobile VHF High -Band Performance Characteristics- 12.5 kHz- Category 1 6.8.7. P25 Compliant Mobile VHF High -Band Performance Characteristics: 12.5 kHz- Category 2 6.8.8. P25 Compliant Mobile VHF High -Band Performance Characteristics, 12.5 kHz- Category 3 6.8.9, P25 Compliant Mobile UHF Band Performance Characteristics: 12.5 kHz— Category 1 6.8.10. P25 Compliant Mobile UHF Band Performance Characteristics: 12.5 kHz— Category 2 6.8.11. P25 Compliant Mobile UHF Band Performance Characteristics: 12.5 kHz— Category 3 6.8.12. P25 Compliant Mobile 700/800MHz Band Performance Characteristics: 12.5 kHz — Category 1 6.8,13. P25 Compliant Mobile 700/800MHz Band Performance Characteristics: 12.5 kHz — Category 2 6,8.14. P25 Compliant Mobile 700/800MHz Band Performance Characteristics: 12.5 kHz — Category 3 6.8,15. P25 Compliant Mobile-Multiband Performance Characteristics, 12.5 kHz - Category 1 6.9. P25 Portable Radios 6.9.1. General 6.9.2. Radio Programming 6.9.3. Optional General Accessories 6.9.4. Optional Portable Radio Power Accessories 6.9.5. P25 Compliant Portable Radio Environmental Specifications 92 6.9.6. P25 Compliant Portable VHF High -Band Performance Characteristics; 12.5 kHz - Category 1 6.9,7. P25 Compliant Portable VHF High -Band Performance Characteristics- 12.5 kHz - Category 2 6.9.8, P25 Compliant Portable VHF High -Band Performance Characteristics: 12.5 kHz - Category 3 6.9.9. P25 Compliant Portable UHF High -Band Performance Characteristics: 12.5 kHz - Category 1 6.9.10. P25 Compliant Portable UHF High -Band Performance Characteristics: 12.5 kHz - Category 2 6.9.11. P25 Compliant Portable UHF High -Band Performance Characteristics: 12.5 kHz - Category 3 6.9.12. P25 Compliant Portable 700/800MHz Band Performance Characteristics: 12.5 kHz - Category 1 6,9.13. P25 Compliant Portable 700/800MHz Band Performance Characteristics- 12.5 kHz - Category 2 6.9,14. P25 Compliant Portable 700/800MHz Band Performance Characteristics: 12.5 kHz - Category 3 6.9.15. P25 Compliant Portable-Multiband Performance Characteristics: 12.5 kHz - Category 1 6.9.16. P25 Compliant Portable Multi -Band Page 238 of 305 AMENDMENT3 C STATE OF FLORIDA DEP 11 �R T Me STATE TERM CONTRACT NUMBER 725-500-12-1 ASSIGNMENT This ASSIGNMENT (the " Assignment") of the above -referenced state term contract, ("Contract"), effective the date of full execution between First Communications, hereinafter "Assignor", having its principal office at 234 Blountstown Highway, Tallahassee, Florida 32304, and Mobile Communications of North Florida, LLC dba First Communications, hereinafter "Assignee", having its principal office at 234 Blountstown Highway, Tallahassee, FL 32304, and the State of Florida Department of Management Services hereinafter "Department" having its principal office at 4050 Esplanade Way, Tallahassee, Florida 32399 (collectively, the"Parties"). RECITALS 1. Assignor entered into the Contract with the Department; 11. Assignor wishes to assign all of its rights, duties and obligations under the Contract to the Assignee; and 111. Assignor and Assignee guarantee Assignee's complete qualification, under the original solicitation that resulted in the Contract, to have been a bidder and to maintain itself as, a contractor thereon, The Parties agree as follows: 1. The above recitals 11-111 are true, incorporated by reference as if fully stated herein, and intended by the Assignee and the Assignor to induce the Department to enter into this Assignment. 2. Assignor and Assignee agree to the Assignment of the Contract. 3. Assignee accepts the assignment of all of Assignor's obligations, responsibilities and duties under the Contract and all of Assignor's rights, titles and interest in and to the Contract. 4. The Parties agree that this Assignment of the Contract establishes a new contractual relationship between the Department and Assignee and extinguishes all obligations between Assignor and Department, except as set forth in this Assignment. 5. The Department consents to the Assignment. 6. Assignor acknowledges that Assignor is liable for the obligations of the Assignor created under the Contract prior to the Assignment of the Contract and is secondarily liable for the obligations of the Assignee under section 4.29 of the Contract. 7. The Department does not release Assignor from any claims or remedies it may have against Assignor under the Contract. 8. To the extent any of the terms of this Assignment conflict with the terms of the Contract, the terms of this Assignment shall control. All other terms of the Contract remain in full force and effect. 9. Each person signing this Assignment warrants that he or she is duly authorized to do so and to bind the respective party. IN WITNESS WHEREOF, the parties set their hands and seals as of the date first above written by their duly authorized representatives. Contract No.: DIMS 725-500-12-1 Page 1 of 308 Page 239 of 305 State of Florida Department of Management Services a Name: Erin Rock Title: Deputy Secretary F970 First Communications (FEIN# 59-3133880) 0 Name: Title, Date, Mobile Communications of North Florida, LLC dba First Communications (FEIN#: 46-3325861) By: Name: Title: Date: Contract No.: DMS 725-500-12-1 Page 2 of 308 Page 240 of 305 Amendment 2 Contract Renewal I To State Term Contract 725-500-12-1 Land Mobile FIVI or PIVI Communications Equipmen) This Amendment ("Amendment") effective, as of June 30, 2014, to the Land Mobile FM or PM Communications Equipment Contract, No. 725-500-12-1 ("Contract") is effective between the State of Florida, Department of Management Services ("Department" or "Customer") and ("Contractor"). Department and Contractor are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein. 1.0 CONTRACT RENEWAL The contract is hereby renewed for two years pursuant to Section 6.0 thereof. The new contract expiration date is June 29, 2016. 2.0 CONFLICT To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force. 3.0 WARRANTY OF AUTHORITY Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party. 4.0 REPLACEMENT CONTRACT. A replacement contract may be established for these services prior to the expiration of this renewed contract. The replacement contract shall supersede and cause early termination of this renewed contract number 725-500-12-1. State of Florida, Department of Management Services 0 Name: Kelley J. Scott Director of State Purchasing and Title. Chief Procurement Officer Contract No.: DMS 725-500-12-1 Contractor Title: By: Name: Date: Page 3 of 308 Page 241 of 305 AMENDMENT1 TO State Term Contract No.: 725-500-12-1 Land Mobile FM or PM Communications Equipment This Amendment, effective as of the last date signed below, by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and (Contractor), amends State Term Contract No. 725-500-12-1 (Contract). Section 5.8, (Contract Reporting Requirements) of ITS No. 09-725-500-A is superseded and entirely replaced with the following: 5.8 Contract Reporting Requirements Each Contractor shall submit a sales report on a Quarterly basis. Reporting periods coincide with the State Fiscal Year: • Quarter 1- (July -September) • Quarter 2 - (October- December) • Quarter 3 - (January -March) • Quarter 4 - (April -June) Each Quarterly Sales Report must be in Excel format and shall include. - Contractor's Name and contact information as required on the Department of Management Services "Contract Quarterly Report" • Detail of time period covered by included data • Total sales including detail of list price and contract price • Transaction detail will include: Part Number/SKU Your product part number if.ap I cable Item / Service Name Given name of Item or Service MFG Manufacturer, Publisher, Service Provider Item Category Description of the product category, according to attached table Item Subcatego!y Additional grouping for item Product Description Additional detail for item Customer Name State Agencies, Universities, Political Subdivisions, Other Eligible Users UNSPSC Code United Nations Standard Products and Services Code@ (Not until separate written request by the Department) Florida Commodity Code Florida Commodity Code UOM Unit of Measure UOM Description Description of unit of measure Volume Quantity Number of items/services purchased/provided Order Date Order date Date Delivered Delivered date to customer Purchase Type Purchase Order, Payment Card, Other List Price . ........ List _Lnce..(Market + fee contracts use market price) Contract Price Contracted price with state per contract terms I Additional Fields Any new information related to your company's products/services Contract No.: DMS 725-500-12-1 Page 242 of 305 Failure to provide quarterly and annual sales reports, including no sales, within 30 calendar days following the end of each quarter (January, April, July, and October) and/or contract year may result in the contract supplier being found in default and termination of the contract by the Department. Upon request, the Contractor shall report to the Department, spend with certified and other minority business enterprises. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this contract. Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor without prompting or notification by the Contract Manager. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Manager. II, CONFLICT To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force. Ill. WARRANTY OF AUTHORITY Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party. State of Florida, Contractor Name: Department of Management Services By: By: Name: Kelley J'. Scott Name: Director of State Purchasing and Title: Chief Procurement Officer Title: Date: Date: Approved as to form and legality Office of the General Counsel Date Contract No.: DMS 725-500-12-1 Page 5 of 308 Page 243 of 305 - 0 . a - R: ii A '' A i jo i, ame Contract No.: 725-500-12-1 This Contract is by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and Contractor. Whereas, the Contractor replied to the Division's Invitation to Bid ("ITB"), No.: ITB 09-725-500-A — Land Mobile FM or PM Communications Equipment, and the Department awarded to the Contractor pursuant to the terms and conditions of the ITB; Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract No.: 725-500-12-1. Land Mobile FM or PM Communications Equipment 2.o SUMMARY OF THE CONTRACTUAL SERVICES / SCOPE OF WORK Land Mobile FM or PM Communications Equipment, this state term contract includes the purchase of public -safety grade two-way voice radios (Category 1 or Category 2), and non-public safety two-way voice radios (Category 3), as well as dispatch consoles, RF Control Stations, Vehicular Repeaters, and radio equipment batteries and accessories, 1,111 111'�'I III Ip, 11 1 �� 1� The primary penalties for failure to meet the Terms and Conditions include Termination for Convenience, Section 4.22, and Termination for Cause, Section 4.23 of ITB 09-725-500-A. 4.0 EFFECTIVE DATE This Contract shall begin on July 1, 2011 or on the last date in which it is signed by all parties, whichever is later, 5.0 EXPIRATION DATE This Contract shall expire June 30, 2014, unless cancelled earlier in accordance with its terms, 6.0 RENEWAL Upon mutual written agreement, the Department and the Contractor may renew Contract No. 725-500- 12-1 for up to Three (3) years pursuant to the provision of PUR 1000 Section 26 and per Section 1.2 of ITB 09-725-500-A. The parties do not anticipate that any intellectual property will be developed as a result of this Contract, Contract No. DMS 08/09-020 Rebid - A September 26, 2008 Siemens Building Technologies ContractPage 1 of 308 Page 244 of 305 The Contractor agrees to submit to the Department, at least annually, an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 4(b) of form PUR 1000. Contractor agrees that it will enroll and participate in the federal E -Verify Program for Employment Verification under the terms provided in the "Memorandum of Understanding" governing the program. Contractor further agrees to provide to the Agency, within thirty days of the effective date of this contract, documentation of such enrollment in the form of a copy of the E -Verify "Edit Company Profile" screen", which contains proof of enrollment in the E -Verify Program (this page can be accessed from the "Edit Company Profile" link on the left navigation menu of the E -Verify employer's homepage). Contractor further agrees that it will require each subcontractor that performs work under this Contract to enroll and participate in the E -Verify Program within ninety days of the effective date of this Contract or within ninety days of the effective date of the contract between the Contractor and the subcontractor, whichever is later, The Contractor shall obtain from the subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E -Verify Program and make such record(s) available to the Agency upon request. Contractor further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Agency or other authorized state entity consistent with the terms of the Memorandum of Understanding. The Contractor responded to the Department's ITB No. 09-725-500-A, titled LAND MOBILE FM OR PM COMMUNICATIONS EQUiPMENT, The Department has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. The specific items awarded to Contractor, and the maximum rates Contractor may charge Customers, are identified on the attached Price Sheet. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287,042(2)(a) of the Florida Statutes (2001). The term of the Contract is effective from the last date signed below until June 30, 2014. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: • Any written amendments to the Contract • This Contract document, including Price Sheet • Original Invitation to Bid solicitation document • Any written Addenclums issued during solicitation period • Contractor's Invitation to Bid submittal documents • Any purchase order under the Contract The Department employee who is primarily responsible, for maintaining the Contract administration file shall be as follows: Trey Collins, CPPB, FCCM Page 245 of 305 Purchasing Analyst Department of Management Services Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 (850) 488-9996 (Voice) (850) 414-6122 (Fax) trey, co.IJinsQ-dms.myfIorida. com The Department may appoint a different Contract Administrator, which shall not constitute an amendment to the Contract, by sending written notice to the Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Administrator. I 9;1�1111111�11 Mill In executing this Contract, the Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287,135(5), F.S., the Contractor agrees the Department may immediately terminate this Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Contract. 13.0 WARRANT OF AUTHORITY Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 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BIDS AND PURCHASES OVER $100,000 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: Approve award of the Bid for "A Two Year Bid to Furnish and Install Emergency Equipment for Law Enforcement Vehicles", Bid No. 020-2110-16/JMA, to Law Enforcement Supply of Coconut Creek, FL as Primary Vendor and to Strobes -R -Us Inc. of Pompano Beach, FL as the Secondary Vendor. This bid is to be used on an "As Needed" Basis. Estimated expenditure for emergency equipment for 49 Police Vehicles this fiscal year is $315,842. EXPLANATION OF REQUEST: BID TERM: MARCH 2, 2016 THROUGH MARCH 1, 2018 Explanation of Request: The purpose of this Bid was to secure a two year agreement with a qualified vendor(s) to furnish and install new public safety lighting, sirens and equipment on Police Pursuit Vehicles and Police Vehicles. There will be approximately 50 vehicles, both Pursuit and Detective, ordered this year that will require outfitting with emergency equipment. On January 21, 2016, Procurement Services opened two bids in response to the solicitation. Law Enforcement Supply provided pricing per the Bid specifications; Strobes -R Us provided pricing for "equal equipment" Captain Matthew Zeller of the Police Department reviewed the proposals and has recommended award to Law Enforcement Supply as the Primary Vendor, to provide the specified equipment with a Seven (7) Year Warranty, and as Secondary Vendor, Strobes -R -Us, who has offered a percentage off list price for the specified manufacturer. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By issuing a solicitation for Emergency Lighting and Equipment, City of Boynton Beach Police Vehicles, ordered under the Florida Sheriffs' Association Cooperative Bid, will have the lighting and equipment furnished and installed per Bid Specifications with competitive pricing. FISCAL IMPACT. Budgeted Bid proposals submitted by the two vendors will save approximately $2,000.00 per Police "marked" Vehicle for lighting and emergency equipment. Funds for the emergency equipment have been budgeted in account number 501-2516-519-64-33. ALTERNATIVES: Continue to use the State of Florida Sheriffs' Contract for the addition of emergency equipment to Police vehicles; pursuit and non -pursuit. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 251 of 305 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Tab Sheets D Attachment D Memo REVIEWERS: Department Finance Finance Legal City Manager Description Tabulation Sheets Price Proposal Tabulations Police Department Recommendation to Award Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 2/22/2016 - 12:20 PPA 2/22/2016 - 12:20 PPA 2/24/2016 - 7:52 AKA 2/26/2016 - 8:59 AKA Page 252 of 305 a a � A � < S 2 < / < U) ®\\ %29 « o /Qg L .. �0z coo III LO O m 0 m LO N ¢ 2 n � / U) _$ C$ z Cl) � q\LL k# 2= k r m m m m m m m m S § m Lo m_ E \ \ \ \ \ \ \ \ I j�§=k§� cn E LL .. m± }/ U�e E 6- Clk 2 o C, CO Z - LL � 2 § ƒ §M §W2a M U § LO LO 2 \ \ \ \ \ \ \ \ o ©o m m § .. o § - - - - 2 z -j § § / a LU -°LL G 2§ RS=� co E U� U) 0 LL e Lu Cl)3 < k < \ j L E > LU m e ± > e o \ O / / / / \ i / \ 0 m = E LL e } \ \ j \ \ < 0 z ? \ - \ \ } \ j z <e OS �E �E / EE \E }E _ � < ± z e = ©L // �� // 7/ ƒ 3L o� \7 �d f] \7 ƒ /d \d /d �= c= O= e= ± O= o= z= .0 U) 3m <m mm Q� =m zm <m LO O m 0 m LO N ¢ 2 n � / U) a a � A � < S 2 < / < U) I\� \&k L .. \ 75 6 /Qg L .. �0z coo III LO O q 0 'IT LO N ¢ 2 n � ]s U�{ k��cl)®��2j LL _00 k# f z� 2 b 2 3/ m m k SEaLOW_I Eee \ \ _ jE§=k§0/k G\CL �LL=t2* �± $/\o U�e E -j2Cl) �o»m a) CD LLJ e 3 n� n o z Lu00 \\\ m m g M)!--2�< \ \ 2 ®o m m § S ..e o§-��20LU z o M/ z -j 0§ 4 Lu-ae�2§m* $kms .o\o E U� e / E \ ƒ O / D U) 77 i § LU �S \E \i f q \/ e= j� \ C� 0 \L \k f\ \\ / oz \/ -1/ { / // 7§ *\ ƒ 3 0LLJ zƒ kƒ ƒ 2 z/ 00 jm < 0 3m O* <E * O LO O q 0 'IT LO N ¢ 2 n � O O O L N LT- 6CII91, ti LO O 4- 0 LO LO N c� r4 ri E E E w 41 C� W LU cI o 0 0 0 0 0 0 o W Ln ^LM rcC M N l Ofl T W Ln N rn r1 pa. w m Ol LR w r M N 00 N 11 00 LA Mcn w 'a N Cr z 3 3 v C Ln — — — w cif x Lna m N J r1 V)++ CO w b 0 = i M O O rr-1 0� : Z �_ LL C CLw Q p rI p rI N J cn V) n a rl O^ O O a a a m W w C E w H w Q 72 z C v w tiu W m w w C w O m a U o Oi a U a U O C w C7 C7 C7 t t L cif � t t O OZ OZ 0000 OZ OZ OZ O aaauu O Ou <V ti o a N O LM N M U C C Lq 000 ^ Lq C L? 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N M Ln l0 1� 00 a) r-1 —1-1 —1-1 —1-1 —1-1 O O 06 LO 0 4- 0 CD LO N N c� MANUFACTURER DISCOUNT Please provide your discount in "percentage (%) off retail price" on the following manufacturers for Police vehicle gear and accessories: MANUFACTURER PERCENTAGE (%) OFF RETAIL PRICE LAW ENFORCEMENT SUPPLY PERCENTAGE (%) OFF RETAIL PRICE STROBES -R -US Brothers Mobil Solutions 10% 10% Jotto 30% 40% SETI NA 20% N/A Whelen 40% 43% American Aluminum 10% 10% Ace K9/Radiotronics Inc. 1% 10% Havis 35% 30% Federal Signal 35% N/A Pro Gard Industries 25% 30% SounclOff Signal 50% 43% Lund Industries 15% N/A Troy Products 25% 30% Thor Manufacturing 5% N/A Gamber Johnson 28% 30% Go Rhino 20% 25% Strea m I fight 40% 30% Go Light 20% 30% Santacruz 25% N/A Brooking 22% 30% Tremco 10% 10% Unity 40% N/A Truck Vault 10% 10% Tufloc 15% 20% L-Tron 1% N/A D & R Electronics 30% 30% Page 257 of 305 To., Jeffrey S. Katz, M, Matthew Zeller, Chief of Police FROCaptain, Administrative Services REF: DATE January 22,2016 BID 020-2110-16/JMA After reviewing both bid documents received under BID 1s1o.020-2110-16/JMA and careful consideration, I'm making the following recommendations: e Award Law Enforcement Supply the bid as a primary vendor s Award Strobes -R -Us the bid as a secondary vendor Justification: The bid specifications had specific equipment that was being requested. These specifications came from extensive research and evaluation of products. Law Enforcement Supply provided pricing for every item requested. In addition, they provided a percentage off for every vendor documented under the manufacture discount section. Strobes -R -Us provided a substitution for every item that was requested. They did provide a discounted manufacture percentage off for the specified vendor within the bid (but didn't provide pricing for that equipment). In addition, the equipment that was provided as a substitute doesn't meet our exact needs based on our research. For example, the center console provided by D1 & R is a full sized console that limits driver side mobility for right handed officers firearms. Moreover, Strobes R Us didn't provide a percentage off list under manufacture discount section for multiple vendors. By providing both vendors an opportunity to enter into a public/private partnership with the City of Boynton Beach, we will be able to have a second vendor available if unforeseen circumstances arise. In addition, the Boynton Beach Police Department will also obtain the equipment necessary to effectively and efficiently serve the citizens of Boynton Beach. Page 258 of 305 12.A. NEW BUSINESS 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: Status update on proposed one -penny infrastructure sales surtax that is currently being considered by the PBC School District, PBC Government and the PBC Cultural Council. EXPLANATION OF REQUEST: Palm Beach County is considering a one-half penny sales tax to pay for much needed infrastructure improvements (roads, bridges, county parks, public facilities and public safety initiatives) as well as economic development. Florida Statutes provides that municipalities automatically share in the distribution of a surtax which is distributed by population. The School District of Palm Beach County is considering a one-half penny sales tax to pay for needed technology for students, building repairs and safety upgrades. Palm Beach County, the School District and the PBC Cultural Council are discussing a single combined one - penny ballot initiative to demonstrate unity, good planning and combined leadership. The proceeds from the one penny are proposed to be distributed as follows: School District 46.5%; PBC 28.5%; Municipalities 18.5% and the PBC Cultural Council 6.5%. The surtax is proposed for 10 years, at which time it would sunset. The Palm Beach County League of Cities discussed the matter at their February 24th Board Meeting and voted to "not oppose" the continued discussions of the three agencies, along with the cities in PBC. At their meeting the League Board encouraged cities to submit their list of needs to the County Administrator so they can be considered in part as the PBC Commission discusses moving forward on this initiative. That discussion is anticipated to take place at the March 22, 2016 Board of County Commissioners regular meeting. Earlier on during these discussions the League requested cities to submit their list of needs and backlog. All of Boynton Beach's needs are identified in the city's Capital Improvement Budget as adopted by the City Commission on an annual basis. Therefore, staff submitted the attached list of our 5 year CIP program. Also attached is a spreadsheet which demonstrates the annual revenues all agencies can anticipate receiving. Should the combined initiative go to the ballot as proposed, and be approved by the voters, the City's distribution would be approximately $3.9M annually for ten years. Should the initiative move forward, the City of Boynton Beach may need to adopt certain resolutions and/or interlocal agreements as part of the process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The infrastructure sales surtax would be a new and reliable alternative funding source for the City to fund its capital infrastructure needs. Currently, adequate funding sources do not exist to meet all of the needs identified in the city's capital improvement program. Page 259 of 305 FISCAL IMPACT. Non -budgeted Potential revenue source of $3.9M annually for ten years to fund much needed capital improvements/infrastructure repairs/upgrades. ALTERNATIVES: 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 Finance Finance Legal City Manager Description Page 260 of 305 Boynton Capital Needs List Revenue Estimates Reviewer Action Date Howard, Tim Approved 2/23/2016 - 1:21 PM Howard, Tim Approved 2/23/2016 - 1:22 PM Swanson, Lynn Approved 2/24/2016 - 7:55 AM LaVerriere, Lori Approved 2/26/2016 - 10:31 AM Page 260 of 305 PROJECT NAME FY 2016/17 Plan FY 2017/18 FY 2018/19 FY 2019/20 Plan Plan Plan Total Boynton Beach Blvd Extension - Paver Repair 10,000 10,000 Boynton Beach Blvd Extension - Landscaping 18,000 18,000 Boynton Beach Blvd Extension - Paint Overhead Lighting Poles 16,000 16,000 Boynton Beach Blvd (East of Federal Hwy) - Planters Box Repairs 75,000 75,000 Children's Museum - Plaza Renovation 20,000 20,000 Children's Museum - Painting Exterior & Soffit Repair 35,000 35,000 City Hall Complex - Amphitheatre Shade Replacement 5,000 5,000 City Hall Complex - Amphitheatre Paint Shade Structure 10,000 10,000 City Hall Complex - Amphitheatre Paint Exterior 4,000 4,000 City Hall Complex - City Hall Lobby paint and replace carpet 20,000 20,000 City Hall Complex - Commission Chambers Renovation 120,000 120,000 City Hall Complex - Commission Chambers Replace Air Handler 0 City Hall Complex - Generators and Switchgear 750,000 750,000 City Hall Complex - Parking Garage Floors 200,000 200,000 City Hall Complex - Rebuild Chillers 90,000 90,000 City Hall Complex - Kids Kingdom Play Area 300,000 300,000 City Hall Complex - Kids Kingdom Parking area sealcoat 10,000 10,000 City Hall Complex - Re -Roof 325,000 325,000 City Hall Complex - Paint City Hall and Fire Station 1 110,000 110,000 City Hall Complex - Sealcoat HS Parking (north) & Overlay West 22,000 22,000 City Hall Complex - West Wing 1st floor restroom renovation 55,000 55,000 City Hall Complex - West Wing 1st floor restroom renovation ADA 15,000 15,000 City Hall Complex - West Wing Carpet change to VCT 10,000 10,000 City Hall Complex - West Wing Bldg. Dept. Plan Review floor tile 15,000 15,000 City Hall Complex - West Wing Air Handler replacement 250,000 250,000 Civic Center - Renovate Auditorium Stage 40,000 40,000 Civic Center -Auditorium Ceiling Renovation 40,000 40,000 Civic Center - Renovate Auditorium Stage ADA 4,000 4,000 Civic Center - Playground Path ADA 0 Civic Center - Playground Replacement 0 Civic Center -Roof Replacement 150,000 150,000 Civic Center - Sealcoat south lot 0 Civic Center - Dumpster enclosure 12,000 12,000 Civic Center - Paint Exterior 25,000 25,000 Civic Center - Restrooms ADA 60,000 60,000 Head Start Center - Seal coat parking lot 10,000 10,000 Head Start Center - Seal coat parking lot ADA 4,000 4,000 General Government - Carpet Replacement 10,000 10,000 10,000 10,000 40,000 General Government - HVAC Repairs 40,000 40,000 40,000 40,000 160,000 Library - Exterior Painting 0 Library - Youth & Technical Services Space Modification 35,000 35,000 Library - 2nd Floor Space Modification 30,000 30,000 Library -Digital Sign 35,000 35,000 Library -Youth Services Carpet 10,000 10,000 Library - Seal Coat all lots 20,000 20,000 Library - Renovate Restrooms 20,000 20,000 Library - Renovate Restrooms ADA 22,000 22,000 Library - Exterior Lighting and Security upgrades 200,000 200,000 Library - Program Room Carpet and paint 14,000 14,000 Library - ADA* 34,149 34,149 Miscellaneous Small Projects 10,000 10,000 10,000 10,000 40,000 Pistol Range ADA* 6,794 6,794 Public Works Complex - Admin Bldg. & Warehouse Roofing 60,000 60,000 Public Works Complex Painting 43,000 43,000 Public Works Compound - Sealcoat parking lot 9,000 9,000 Public Works Compound -Parking Lot ADA 11,000 11,000 Public Works Compound - Paint all building exterior 20,000 20,000 Public Works Compound - Paint fuel tanks 4,000 4,000 Public Works Compound - Fleet Maintenance bay painting 25,000 25,000 Page 261 of 305 Public Works Compound - Fleet Maintenance Remodel 185,000 185,000 Public Works Compound -ADA* 25,863 25,863 Schoolhouse Children's Museum - ADA* 16,088 16,088 Misc. Interior/Exterior Building Projects 10,000 10,000 10,000 10,000 40,000 Security - City Wide Upgrades - Door Hardware 75,000 75,000 Art Center - Ceiling Tile Replacement 10,0001 10,000 10,000 30,000 Art Center - Awning 7,000 7,000 Art Center - Parking Lot Resealing 16,000 16,000 Art Center - Parking Lot Lighting 50,000 50,000 Art Center - ADA* 22,905 22,905 Barton Park - Replace Monument Sign & Paint Restroom 5,000 5,000 Barton Park - Restroom Renovation 0 Barton Park - Restroom Renovation - ADA 0 Betty Thomas Neighborhood Park - Pavilion Wood Sealing 3,000 3,000 Betty Thomas Neighborhood Park - Parking Lot Resealing ADA 4,200 4,200 Betty Thomas Neighborhood Park - Spit Rail Fence 0 Betty Thomas Neighborhood Park - Playground Equipment 0 Betty Thomas Neighborhood Park - Basketball Court Fence 0 Betty Thomas Neighborhood Park - Tables and Cans 12,000 12,000 Betty Thomas Neighborhood Park - Tables and Cans ADA 9,000 9,000 Bicentennial Park - ADA* 2,558 2,558 Boynton Lakes Park - Park Furnishing 5,000 5,000 Boynton Lakes Park - Playground Equipment & Gazebo Painting 32,000 32,000 Boynton Lakes Park - Playground Equip & Gazebo Painting ADA 9,000 9,000 Boynton Beach Memorial Park (Cemetery) - ADA* 29,145 29,145 Carolyn Sims Center and Denson Pool - Paint exterior 25,000 25,000 Carolyn Sims Center - Sealcoat Parking Lot ADA 12,000 12,000 Carolyn Sims Center-SealcoatParking Lot 11,000 11,000 Carolyn Sims CenterPlaygroundequipment replacement 0 Carolyn Sims CenterPaintPavilion and table 10,000 10,000 Carolyn Sims CenterPaintsite lighting poles and fixtures 30,000 30,000 Carolyn Sims Center - HVAC Replacement 0 Congress Ave Barrier Free Park- Paint Poles 12,000 12,000 Congress Ave Barrier Free Park -Restroom Refurbishment 29,000 29,000 Congress Ave Pavilions painting 0 Congress Ave Barrier Free Park - Playground 200,000 Edward Harmening Arbor Park - ADA* 3,756 3,756 Forest Hill Park - Basketball court upgrades 0 Forest Hill Park - Playground Replacement ADA 0 Forest Hill Park - Playground Replacement 0 Galaxy Park - ADA* 3,548 3,548 Hester Center - Basketball Court Resurfacing 12,000 12,000 Hester Center - Park Furnishing 15,000 15,000 Hester Center Building - Lobby Renovation Architect Services 30,000 30,000 Hester Center Building - Lobby Renovation Construction 150,000 150,000 Hester Center Ball fields - Football fence 20,000 20,000 Hester Center Ball fields - Paint pavilion 5,000 5,000 Hester Ball fields - Restroom Refurbishment 0 Hester Ball fields - Restroom Refurbishment ADA 0 Hester Center Building - Exterior Painting 0 Hester Center - East Irrigation Well 40,000 40,000 Hester Center Building - Game room carpeting 0 Hester Center Building - Game room restrooms and ADA 0 Hester Center Building -HVAC 300,000 300,000 Hester Center Building - Administration Offices Drainage Repair 25,000 25,000 Hester Center - Playground Equipment 100,000 100,000 Hester Center - Playground Equipment for ADA 360,000 360,000 Hester Center - Playground Restroom Painting 6,000 6,000 Hester Center - Pavilion Painting and roofing 8,000 8,000 Hester Center - Parking Lot Seal Coat ADA 25,000 25,000 Hester Center - Scrub Fence 60,000 60,000 Page 262 of 305 Hester Center - Accessible route from Center to Park 8,000 8,000 Hester Center - Playground Restroom Refurbishment 16,000 16,000 Hester Center - Tennis Court Resurfacing 10,000 10,000 Hester Center - Tennis Court Resurfacing ADA 3,000 3,000 Hester Center - Parking Lot Seal Coat Hester Center - Wood Pavilion Painting and roofing 8,000 80,000 80,000 8,000 Hester Center - Wood Pavilion Painting and roofing ADA 500 500 Heritage Park - ADA* 858 858 Hibiscus Park -ADA* 24,164 24,164 Hibiscus Park - Playground Equipment 0 Hibiscus Park - Playground Equipment ADA 0 Intracoastal Park - Carpet Replacement 30,000 30,000 Intracoastal Park - Intracoastal Parking Lot Resealing 45,000 45,000 Intracoastal Park - Sealcoat parking lot 0 Intracoastal Park - Sealcoat parking lot ADA 0 Intracoastal Park -Refurbish restrooms 50,000 50,000 Intracoastal Park -Refurbish restrooms ADA 25,000 25,000 Jaycee Park - Pavilion # 1 and #2 Painting 8,000 8,000 Jaycee Park - Interpretive Art 10,000 10,000 Jaycee Park - Restroom Building Exterior Painting 12,000 12,000 Jaycee Park - Park Furnishings 10,000 10,000 Jaycee Park - Parking Lot Resealing 5,000 5,000 Jaycee Park -Replace Playground equipment 0 Jaycee Park -Sealcoat parking lot 0 Jaycee Park -Sealcoat parking lot ADA 0 Jaycee Park -Paint Pavilions 7,000 7,000 Kiwanis Sierra Park -ADA* 2,039 2,039 Knollwood Park - Gazebo Painting 0 Knollwood Park - Gazebo Painting ADA 0 Knollwood Park - Parking Lot 3,000 3,000 Laurel Hills Park - Basketball Court Restoration 8,000 8,000 Laurel Hills Park - Parking Lot 2,000 2,000 Laurel Hills Park -Basketball Court ADA Laurel Hills - Split Rail Fence 20,000 50,000 20,000 50,000 Laurel Hills Park - Playground Equipment 0 Madsen Center - ADA* 28,825 28,825 Mangrove Park - Flooring 7,500 7,500 Mangrove Park - Boardwalk 1,600,000 1,600,000 Mangrove Park - Fence Repair 8,000 8,000 Mangrove Park - Bench replacement 3,000 3,000 Mangrove Park- Interpretive markers 10,000 10,000 Mangrove Park - Refurbish Restrooms 6,000 6,000 Mangrove Park - Refurbish Restrooms ADA 7,000 7,000 Mangrove Park- Sealcoat Parking 12,000 12,000 Mangrove Park -trash can replacement 5,000 5,000 Mangrove Walk at the Marina - ADA* 9,438 9,438 Meadows Park - Restroom Building Exterior Painting 6,000 6,000 Meadows Park - Fitness Trail Equipment 9,000 9,000 Meadows Park - Park Furnishings 25,000 25,000 Meadows Park - Pathways/Sidewalks Repair 75,000 75,000 Meadows Park - Tennis Courts Fencing 12,000 12,000 Meadows Park - Fence Removal 6,000 6,000 Meadows Park - Basketball court 0 Meadows Park - Parking Lot Sealcoat 16,000 16,000 Meadows Park - Restroom Refurbishment 14,000 14,000 Meadows Park - Restroom Refurbishment ADA 8,000 8,000 Meadows Park - Playground Equipment 95,000 95,000 Meadows Park - Playground Equipment ADA 16,000 16,000 Meadows Park - Tennis Court Resurfacing and Fencing 0 Meadows Park -Restroom Painting 7,000 7,000 Miscellaneous Small Parks Projects 10,000 10,000 10,000 10,000 40,000 Page 263 of 305 Oceanfront Park - Parking Lot Lights 30,000 30,000 Oceanfront Park - Sealcoat parking lot 60,000 60,000 Oceanfront Park - Sealcoat parking lot ADA 7,000 7,000 Oceanfront Park - Paint beachfront buildings and pavilion 20,000 20,000 Oceanfront Park - Asphalt pathway 35,000 35,000 Oceanfront Park - Stairway retaining wall 15,000 15,000 Oceanfront Park - Refurbish restrooms 6,000 6,000 Oceanfront Park - Refurbish restrooms ADA 6,000 6,000 Oceanfront Park - South and Center Shade Sail poles 38,000 38,000 Oceanfront Park- Shade sail poles Oceanfront Park - Playground replacement 25,000 25,000 0 Oyer Park - Parking Lot Resealing 100,000 100,000 Oyer Park - Shade Sails 15,000 15,000 Oyer Park - Coast Guard Bldg. and pavilion painting 14,000 14,000 Oyer Park- Coast Guard Bldg. and pavilion painting ADA 2,000 2,000 Oyer Park - Coast Guard Bldg. window replacement 7,000 7,000 Oyer Park - Coast Guard Bldg. window replacement ADA 7,000 7,000 Oyer Park - Dredge Channel 100,000 100,000 Oyer Park - Restroom Refurbishment 8,000 8,000 Oyer Park -Restroom Refurbishment ADA 7,000 7,000 Oyer Park - Fishing Pier deck replacement 0 Oyer Park - Playground Replacement 0 Oyer Park - New Dumpster Enclosure 15,000 15,000 Oyer Park- Paint Restroom Exterior 5,000 5,000 Palmetto Greens Linear Park - Playground ADA 4,000 4,000 Palmetto Greens Linear Park-Replace/maintain Picnic tables ADA 5,000 5,000 Palmetto Greens Linear Park - Paint pavilion 3,000 3,000 Palmetto Greens Linear Park - Overlay internal park path 8,000 8,000 Palmetto Greens Linear Park - Overlay internal park path ADA 4,000 4,000 Palmetto Greens Linear Park - Playground 0 Palmetto Greens Linear Park - Playground ADA 0 Parks -Furnishings (Cans, benches, picnic tables, etc.) 5,000 5,000 5,000 5,000 20,000 Pence Park - Park Furnishings 6,000 6,000 Pence Park - Basket Ball Court 0 Pence Park - Basket Ball Court ADA 0 Pence Park - Playground Replacement 0 Pence Park - Playground Replacement ADA 0 Pence Park - Paint Restroom exterior 5,000 5,000 Pence Park -Restroom refurbishment 6,000 6,000 Pence Park -Restroom refurbishment ADA 14,000 14,000 Pence Park - Parking Spaces, new ADA 5,000 5,000 Pioneer Canal Park - Fishing Pier Repair 8,000 8,000 Pioneer Canal Park - Fishing Pier Path ADA 8,000 8,000 Pioneer Canal Park - Split Rail Fence 75,000 75,000 Pioneer Canal Park - Tennis Court Fencing 15,000 15,000 Pioneer Canal Park - Basketball and Tennis Courts 16,000 16,000 Pioneer Canal Park - Basketball and Tennis Courts ADA 18,000 18,000 Pioneer Canal Park - Can, Benches and Grills 10,000 10,000 Pioneer Canal Park - Replace Boat Ramps 0 Pioneer Canal Park - Parking Lot 10,000 10,000 Pioneer Canal Park - Playground Equipment 0 Pioneer Canal Park - Refurbish Volleyball court ADA 14,000 14,000 Pioneer Canal Park -Restroom Refurbishment 13,000 13,000 Pioneer Canal Park - Restroom ADA 16,000 16,000 Sara Sims Park - Basketball Court Restoration 8,000 8,000 Sara Sims Park - Park Furnishings 9,000 9,000 Sara Sims Park -Restroom Renovation 20,000 20,000 Sara Sims Park Restroom Renovation ADA 13,000 13,000 Sara Sims Park hrigation Upgrade 100,000 100,000 Sara Sims Park Parking Lot 40,000 40,000 Sara Sims Park Parking Lot ADA 7,000 7,000 Page 264 of 305 Sara Sims Park Pavilion 40,000 40,000 Sara Sims Park Water Fountain 12,000 12,000 Sara Sims Park - ADA* 30,198 30,198 Senior Center - Flooring 38,000 38,000 Senior Center - Patio & Awning Repairs 8,000 8,000 Tennis Center - Parking Lot Sealcoat 30,000 30,000 Tennis Center - Parking Lot Sealcoat ADA 5,000 5,000 Tennis Center - Parking Lot Median Upgrade 48,000 48,000 Tennis Center - Clubhouse Repairs 41,000 41,000 Tennis Center - Clubhouse Repairs ADA 1,000 1,000 Tennis Center -Entry Sign 3,000 3,000 Tennis Center - Entry Roadway Rehab Veterans Park - ADA* Citywide Public Safety Radio System Fire Training Site at Rolling Green Fire Station 2, 4, & 5 - Kitchen Renovations Fire Station #3 - Parking Lot Resealing Fire Station #4 - Exterior Painting Fire Station #3 - Apparatus bay ceiling Fire Station #3 - Community Room Soffits and Lighting Fire Station #5 -Reseal roof Fire Station #3 - Impact Windows Fire Station #3 - HVAC Condensers Fire Station #2 - Paint Building exterior Fire Station #3 - Sealcoat parking lot Fire Station #3 - Paint Exterior Fire Station #3 - Kitchen ceiling repair Fire Station #5 - ADA* Fire & Rescue Records Management System Upgrade Police CAD Records Management System Alternative to SunGard/HTE ERP system Network Access Control Sidewalks - Replacement 0 1,072 2,500,000 1,072 2,500,000 100,000 100,000 100,000 100,000 30,000 30,000 45,000 45,000 30,000 30,000 30,000 30,000 55,000 55,000 0 0 30,000 30,000 23,000 23,000 20,000 20,000 20,000 20,000 11,960 190,138 11,960 190,138 190,640 190,640 190,640 190,640 762,560 1,000,000 1,000,000 95,000 75,000 75,000 75,000 75,000 95,000 300,000 Sidewalks Ramp - ADA (estimate) 150,000 150,000 150,000 150,000 600,000 Street Maintenance/Impv. 600,000 600,000 600,000 500,000 2,300,000 Bridge Repair - Maintenance & Improvements 45,000 80,000 45,000 2,000,000 45,000 45,000 180,000 Golf Course Clubhouse - Pre Design/Consultant (TBD) Golf Course Clubhouse - Construction/Renovation (TBD) Golf Course - Pave Cart Paths 250,000 Golf Course - Cart Garage 220,000 Golf Course - Course Restrooms 14,000 Golf Course - Course Restrooms ADA 40,200 Golf Course - Parking 33,000 Golf Course - Parking ADA 8,000 Golf Course - Pavilion 20,000 Total Four Year Maintenance Expenditure as of October 1, 2015 $9,137,813 $5,185,690 $1,879,553 $4,327,402 $17,705,258 City Fleet Deferral Catch Up Costs Current Annual Expenditure 3,094,421 3,218,198 3,346,926 3,480,803 13,140,348 Desired Annual Expenditure 3,777,770 3,928,881 4,086,0371 4,249,4781 16,042,166 Net Additional Fleet Funds Required Annually 683,3491 710,683 739,111 768,6751 2,901,818 FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 Boynton Bch Needs to reinstate proper maintenance of non -Utility $9,821,162 $5,896,373 $2,618,664 $5,096,077 $20,607,076 Additional funds desired annually $5,151,769 Page 265 of 305 12. B. NEW BUSINESS 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: Create "Honorary Robert E. Wells Avenue" on Martin Luther King Jr. Boulevard from Federal Highway to Seacrest Boulevard. (TABLED on 2/16/16) EXPLANATION OF REQUEST: Staff has evaluated a request to extend an honorary street name for Robert E. Wells, a historically prominent figure in the development of the City of Boynton Beach. In fact, the City Commission has heard both Mr. Wright and Mr. Norfus describe in fascinating detail the great contributions that Mr. Wells had upon early settlement of Boynton Beach with particular emphasis on the portion of Martin Luther King, Jr. Boulevard from Federal Highway to Seacrest Boulevard. This street was once known as Well Avenue. This portion of Martin Luther King Jr. Boulevard currently has dual name status (for the purpose of postal delivery) with Martin Luther King Jr. Boulevard being the primary name and NE 10th Avenue remaining secondary. Thus, we cannot expand upon the dual naming system. However, an honorary overlay name would be acceptable, provided appropriate steps are taken to minimize public confusion. City Code provides guidance into the creation of vanity street names but is silent in regards to honorary street names. As such, staff believes the Commission may designate an honorary street name if it so wishes. However staff recommends that the honorary street name and its signing mechanism should include the following components in order to minimize confusion to the motoring public. 1. The street name shall include the word "honorary", and 2. The street sign panel shall be brown background and while letters to be consistent with the Manual on Uniform Traffic Control Devices, and 3. The sign shall be placed at the road edge, away from the intersections, to avoid confusion with traditional street name signs at intersection corners. Sign locations shall be determined by City Engineering staff. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. Non -budgeted The signs can be fabricated by City staff using in stock materials. Estimated material cost $400. ALTERNATIVES: Do not post the honorary signs STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable, Positive and Exciting Boynton Beach Image: "Curb appeal" to Reputation STRATEGIC PLAN APPLICATION: This honorary sign will identify the historical prominence for this, and future, generations. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 267 of 305 Is this a grant? No Grant Amount: ATTACHMENTS: Type Exhibit REVIEWERS: Department City Clerk Description Robert E. Wells Street Sign Reviewer Action Date Foyle, Judith Approved 21171201 - 8:57 AKA Page 268 of 305 LO 0 (Y) 4- 0 rn m N N 13.A. LEGAL 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-004 - SECOND READING - PUBLIC HEARING - Approving a request for abandonment of a portion of a ten (10) foot wide utility easement at the rear of the residence in order to construct a private swimming pool, located at 2731 SW 23rd Cranbrook Drive and zoned PUD (Planned Unit Development). Applicant: Shawn Lago, homeowner. EXPLANATION OF REQUEST: The subject easement is a special purpose easement originally platted for the purpose of accommodating underground utilities. The plat dedicated the easement to the City for utility purposes and Comcast was the only service provider utilizing the easement. The utilities were subsequently relocated out of this portion of the easement. Portions of this utility easement on other lots within the PUD have previously been abandoned by the City per the requests of individual homeowners. Staff has recommended that the Property Owner's Association pursue a neighborhood -wide abandonment of the utility easement, however their letter states the POA does not have the funds or resources and has no objection to the incremental abandonment of the unused easement (see Exhibit "C" - Letters of No Objection). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Non -budgeted 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: Page 270 of 305 ATTACHMENTS: Type D Staff Report D Location Map D Exhibit D Exhibit D Conditions of Approval D Development Order REVIEWERS: Department Reviewer City Clerk Pyle, Judith Description Ordinance abandoning a portion of a 10 foot utility easement - Lago Staff Report Exhibit A - Site Location Map Exhibit B - Plat, Sketch, & Legal Exhibit C - Letters of No Objection Exhibit D - Conditions of Approval Development Order Action Date Approved 2/17/2016 - 9:37 AKA Page 271 of 305 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 43 44 45 46 ORDINANCE NO. 16- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT AT THE REAR OF THE RESIDENCE TO CONSTRUCT A PRIVATE SWIMMING POOL LOCATED AT 2731 SW 23RD CRANBROOK DRIVE, MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Shawn Lago, Applicant and Homeowner is requesting the City abandon a portion of a ten (10) foot wide utility easement located to the rear of the residence located at 2731 SW 23rd Cranbrook Drive, to allow construction of a private swimming pool, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been previously held before the City's Planning & Development Board, and the City Commission on the proposed abandonments; and WHEREAS, staff finds that a portion of the ten (10) foot wide utility easement no longer serves a public purpose, and the City Commission adopts that finding. 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 herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a ten (10) foot wide utility easement at the rear of the residence in order to construct a private swimming pool located at 2731 SW 23rd Cranbrook Drive, subject to staff comments. The property being abandoned is more particularly described as follows: NORTH 10 FEET OF THE SOUTH 115 FEET OF LOT 46, BLOCK 2, CRANBROOK LAKES ESTATES, A SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 124 AND 125 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Section 3. The City Manager is hereby authorized and directed to execute the CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\490FCC35-62CE-4CB3-A724-53AD7258FA58\Boynton Beach. 2766.1. Lago_Abandonment _(10_ft_easement)_Ord i nance. doc Page 272 of 305 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 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of 2016. SECOND, FINAL READING AND PASSAGE THIS day of , 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\490FCC35-62CE-4CB3-A724-53AD7258FA58\Boynton Beach. 2766.1. Lago_Abandonment _(10_ft_easement)_Ord i nance. doc Page 273 of 305 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a ten (10) foot wide utility easement at the rear of the residence located at 2731 SW 23rd Cranb rook Drive, subject to staff comments. The property being abandoned is more particularly described as follows: NORTH 10 FEET OF THE SOUTH 115 FEET OF LOT 46, BLOCK 2, CRANBROOK LAKES ESTATES, A SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 124 AND 125 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of 2016. ATTEST: Judith A. Pyle, CMC Interim City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, FLORIDA Lori LaVerriere, City Manager BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, CMC, City Manager and Interim City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2016. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\490FCC35-62CE-4CB3-A724-53AD7258FA58\Boynton Beach. 2766.1. Lago_Abandonment _(10_ft_easement)_Ord i nance. doc Page 274 of 305 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-002 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Kathleen Hatcher Senior Planner DATE: January 20, 2016 SUBJECT: Abandonment of a portion of a Utility Easement (ABAN 16-001) 2731 SW 23rd Cranbrook Drive, Cranbrook Lake Estates PUD NATURE OF REQUEST Shawn Lago, Applicant and Homeowner, is requesting to abandon a portion of a utility easement located to the rear of his residence to allow construction of a private swimming pool. The subject property located at 2731 SW 23 d Cranbrook Drive is a single-family lot classified LDR (Low Density Residential) future land use and zoned PUD (Planned Unit Development), generally located south of Golf Road and west of South Congress Avenue (see Exhibit "A" — Location Map). The portion of the ten (10) foot -wide utility easement to be abandoned runs in an east -west direction for a distance of 80 feet (the width of the subject lot). A sketch and legal description of the portion of the utility easement to be abandoned is attached as Exhibit "B". The applicant indicates that this portion of the utility easement is being vacated because there are no longer any public utilities located within the easement and it will not have any public utilities in the future. Therefore, the easement no longer serves a public purpose. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: A lake owned and maintained by the Property Owner's Association (POA) as a storage basin for stormwater discharge; South: A private street (SW 23 d Cranbrook Dr.) owned and maintained by the POA, and a single-family residence (2732) in Cranbrook Lake Estates PUD; East: A single-family residence (2729) in Cranbrook Lake Estates PUD; and, West: A single-family residence (2733) in Cranbrook Lake Estates PUD. Page 275 of 305 Page 2 Memorandum No. PZ 16-002 ABAN 16-001 BACKGROUND The subject easement is a special purpose easement originally platted for the purpose of burying underground utilities. The plat dedicated the easement to the City for utility purposes and Comcast was the only service provider utilizing the easement. The utilities have been relocated out of this portion of the easement. Portions of this utility easement on other lots within the PUD have previously been abandoned by the City per the requests of individual homeowners. Staff has recommended that the Property Owner's Association pursue a neighborhood -wide abandonment of the utility easement, however their letter states the POA does not have the funds or resources and has no objection to the incremental abandonment of the unused easement (see Exhibit "C" - Letters of No Objection). ANALYSIS Owners of properties 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 and the abandonment request has been advertised in the newspaper. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light AT&T Florida Public Utilities Comcast - No objection - No objection - No objection - No objection - No objection - No objection - No objection RECOMMENDATION Staff has determined that the subject portion of the utility easement no longer contains any utilities and that anew easement has been created to meet the utility needs. Based on the above analysis, staff recommends APPROVAL of the applicant's request to abandon this portion of the subject 10 - foot wide utility easement. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\2731 SW 23rd Cranbrook Dr (Lago ABAN)\Staff Report.doc Page 276 of 305 fg I� ser MCY MAP racss. BmP.331Paga9n Pageto 2 1ANE L,,yy I ur9 TYO/CdL %A!/.-$r1/LQtNO 3E% CI$L/ y5ry $EY6ld ¢E'OthRGM Ka sza.�m. ur...bs.vvm ,v.sa..+sarvc.e b49_9ecs.Yc visa aureaYae voe. c�ezr Page 278 of 305 *Apoication to ibaudon a utility easement _77 BOX "Z APPROXIML LWt' 2- EAV ii E. 9 AT NMW351 80 -OD' ANDI'FLIPRONI� EXISTIM ]VU11,11"'Y' 1,'A SEM-ENRA 0 BE ............... ............... ABANDONED A, SURVEY'ril..,, AND TOP OF S1..,0PE L ---- T, L-0 r TORY E, 0 C K- 2 92731 EXISITNG I S BLOCK -2 CBS.R.ESIDENCE P, �3 c 54.1 UVEWEAD NOTTO SCAL-E FF. 1[2' ................... LOT 46,131-OCK 2 CRANBROOK TAKE, ESFAITS 2731 SW 21k -D CRANDROOK Dk1V1-,' BOYNTON BEAC."HF1, 334,36 MANNUM on, Page 279 of 305 LEGAL IES CRTPTION FOR PROPOSED EASEMENT' ABANDOI- ENT, LOT 46, BLOCK 2,4 NBROOK, LAKESESTATES. LEGAL SC,. P"[ NORTH 10 FEET OF THE SOUTH 3.15 FEET, OF LC 46, BLOCK 2, CRANBROOK LAKES ESIATES, A SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 124 AND 125,1 `I HE PUBLIC RECORDS CJM BEACH COUNTY, FLORIDA EXHIBIT "B" Page 280 of 305 2306 SW 23rd Cranbrook Drive Boynton Beach, FL 33436 1111111iIIII I mr111:11-3:1111 1111! Fil 111,311 F MW I Mort # I n 11 R IM It r% The Estates of Silverlake Homeowners' Association, Inc., has no objection to the abandonme of the 10 foot utility easement located in the rear of the property described as 2731 SW 23'd Cranbrook Drive, Boynton Beach, FL 33436. 1 The Estates of Silverlake Homeowners' Association Inc. does not have the funds or the resources to pursue a neighborhood wide abandonment. Please allow Mr. Shawn Lago to *recede with the abandonment J.9A—L Page 281 of 305 ACKNOWLEDGMENT: The Civv cel` Bovnton Beach Utilities liras no olliection to the abandonment of the 10 `:-X)t Lllifi'V Claselliell", locateful in the rear, ofthe property described as 27 31 SNS -1.3"' Cranbrook Drive, Boynton Beach. FL 136 — III P - L -1 -tie's U�V OT T -Al I CT Ti 1-13 Chief Fie;ld lWeptor STATE OF FLORIDA COUNTY OF PA-LINI BEACH on., was ac"k-no-Mea'Oed, befza going in5trim -,'fk ins day of,,, bv v -h o pe. Sonally kno-,; '011 ime oT -who has :�roduced i sg T as wdenti-SCZHL-lm and who (-M, (Clu'd; -not", -?I--e an oath. "Sigmarare cjf per -son -'Lumgg acknin-"'Ia"Cmezll m ln:av C.Imewiedpatmt tvp�nd' viin—t--d' or mmpf�ld) Page 282 of 305 Florida Power & Light Company 9329 S Military Trail Boynton Beach, FL 33436 Consent Form Location: 2731 SW 23d Cranbrook Drive, Boynton Beach, Florida 33436 The Florida Power & Light Company has no objection to the abandonment of the 10 foot utility easement located in terear of the property described as 2731 SW 23rd Cranbrook Drive, Boynton each, FL 3343& No Objection Print Name & Da Please return at your earliest convenience. Page 283 of 305 aW ErieM.Brown AT&T 321 SE 2nd St Delray Beach, /» 33483 Office: 561.988.6515 Fax: 561.272.8695 eb39 2 Xorn Shawn Lago 2731 SW 23rd Cranbrook Drive Boynton Beach, ?« 33436 RE.� No Objection Proposed Abandonment of I O'wide Utility Easement 2731 SW 23rd Cranbrook Drive, Boynton Beach, © 33436 AT&T has reviewed the proposed plat submitted by you or your company. AT&T no longer has active lines within the rear 10 foot utility easement, therefore, © no objection to the abandonment on the property described as 2731 SW 23rd Cranbrook Drive, Boynton Beach, FIL 33436. MR= Eric M. Brown Manager OPs & Design AT&T Florida 561-988-6515 -CEIVED AN 0 z ot Wt4G � Page 284 0 305 Florida Public Utilities 401 South Dixie Hwy. West Palm Beach, FL 33401 Consent Form Location: 2731 SW23 rd Cranbrook Drive, Boynton Beach, Florida 33436 The Florida Public Utilities Company has no objection to the abandonment of the 10 foot utility easement located in the rear of the property described as 2731 SW 23rd Cranbrook Drive, Boynton Beach, FL 33436. Print Narae & Date: Please return at your earliest convenience. I Page 285 of 305 Comcast: PBC Construction Department 7201 North Federal Highway Boca Raton, Florida 33487 RE: Utility Abandonment Submitted §v Shawn Lago, Cranbrook Lake Estates at 2731 SW 23 rd Cranbrook Drive Boynton Beach, Florida 33436 Comcast has no objection to the abandonment of the utility easement on Lot 46 Block 2 of Cranbrook Estates as outlinedirty urletter of October 8I 2015. 1122=0 Sign Here And Return Page 288 0 305 EXHIBIT "D" Conditions of Approval Project name: 2731 SW 23d Cranbrook Dr (Lago ABAN) File number: ABAN 16-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Page 287 of 305 Conditions of Approval Page 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\2731 SW 23rd Cranbrook Dr (Lago ABAN)\Exhibit D - Conditions of Approval.doc Page 288 of 305 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Abandonment of a portion of a Utility Easement (ABAN 16-001) APPLICANT: Shawn Lago APPLICANT'S ADDRESS: 2731 SW 23 d Cranbrook Drive, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2016 & March 1, 2016 TYPE OF RELIEF SOUGHT: Abandonment of a portion of a 10 foot wide Utility Easement located to the rear of a single-family residence, and running in an east -west direction for a distance of approximately 80 feet, to allow for future construction of a private swimming pool. LOCATION OF PROPERTY: 2731 SW 23d Cranbrook Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 "D" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\2731 SW 23rd Cranbrook Dr (Lago ABAN)WBAN 16-001 TO 16-001.doc Page 289 of 305 13. B. LEGAL 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-005 - SECOND READING - PUBLIC HEARING - Approve and authorize Ordinance creating Part 11, Chapter 26, Article I, Section 26-7 and Chapter 10, Article 11, Section 10-33 of the Code to facilitate creation of liens for unpaid balances and recording of such liens for unpaid balances for utility and refuse accounts. EXPLANATION OF REQUEST: The City of Boynton Beach invoices customers on a monthly basis for public services including water, sewer, storm water, refuse and reclaimed water. The City actively pursues past due accounts including termination of services for non-payment. The termination of service process includes a notice of the past due amount on the following months' invoice and a 10 day grace period prior to the customer being placed on a list to cut-off service. Service terminations occur Tuesday through Thursday prior to noon to allow customers time to pay the full amount due during business hours for same day service restoration or meet with staff to work out a payment plan based on payment history with a minimum partial payment. Prior to filing a lien, the customer is sent a minimum of two reminders on the monthly bill but the amount due continues to grow monthly due to base fee and flat fee services assessed to all property. The City is proposing to start the lien process after an invoice is 90 days past due. If the property is a rental property and the tenant has the past due amount, the service is changed to the property owner's name within 30 day of a past due bill and the tenant's portion is sent to a collection agency if there are any past due amounts over the deposit that was paid when the account was established. Once it is in the property owner's name, the City will initiate monthly billing to the property owner. Pursuant to Section 159.17 of the Florida Statutes, the City is authorized to record a lien and enforce its receipt and collection of utility debt on property. Staff is requesting approval of Ordinance No. 16-)om to facilitate placing liens on real property. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Recording of liens on property for non- payment of water, sewer, storm water, reclaimed water and residential refuse collection fees and charges will provide the public information in regard to debt on the property if it is sold. Recording of liens will provide notice to all that there is outstanding debt that must be satisfied prior to property exchange. The ability to record liens and collect the debt that is due on the property demonstrates prudent financial responsibility and accountability for billing and collection of services provided. FISCAL IMPACT. The ability to lien property and enforce collection of debt will ensure that all revenues due and payable will be collected. It is financially prudent to attempt to collect for all services to ensure that rates remain stable and competitive. ALTERNATIVES: The City may choose to not record or enforce collection of utility debt. This may change or impact the City in Economic Growth and neighborhood sustainability because financially sound government promotes financially healthy government that leads to positive growth and opportunity. STRATEGIC PLAN: Page 290 of 305 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department City Clerk Finance Legal City Manager Reviewer Pyle, Judith Howard, Tim Swanson, Lynn LaVerriere, Lori Description Utility Lien Ordinance Action Approved Approved Approved Approved Date 2/17/2016 - 10:24 AM 2/17/2016 - 2:00 PPA 2/24/2016 - 7:56 AM 2/26/2016 - 10:32 AM Page 291 of 305 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 26, ARTICLE VII, SECTION 404 OF THE CODE OF ORDINANCES ENTITLED "BILLING AND PAYMENT; PENALTIES"; CREATING PART II, CHAPTER 26, ARTICLE I, SECTION 26-7 OF THE CODE OF ORDINANCES TO BE ENTITLED "LIEN FOR UNPAID CHARGES; LIABILITY FOR CHARGES"; CREATING CHAPTER 10, ARTICLE II, SECTION 10-33 OF THE CODE OF ORDINANCES TO BE ENTITLED "LIEN FOR UNPAID CHARGES; LIABILITY FOR CHARGES" TO PROVIDE FOR THE RECORDATION AGAINST THOSE PROPERTIES FOR WHICH MONTHLY WATER, SEWER, STORMWATER, RECLAIMED WATER, REFUSE COLLECTION RATES, FEES, AND CHARGES ARE NOT PAID, AND PROVIDING THAT SAID LIENS SHALL BE PRIOR IN DIGNITY TO ALL OTHER LIENS AGAINST ASSESSED PROPERTIES, EXCEPT A LIEN FOR TAXES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has by prior Ordinance set forth established rules and regulations applicable to and governing the provision of water, sewer and refuse collection services to the citizens and residents of the City of Boynton Beach; and WHEREAS, Section 159.17, Florida Statutes authorizes the City to record a lien for unpaid water, sewer, reclaimed water and refuse collection services; and WHEREAS, Chapter 26, Article VII, Section 404 of the City Code currently provides for the recordation of a lien for unpaid stormwater utility fees; and WHEREAS, in addition to stormwater, the City also provides water, sewer and reclaimed water services to its residents; and WHEREAS, Chapter 10, Article II, Section 10-24 and Section 10-25, the City currently provides for residential refuse collection ; and 100087494.6 306-90018211 Words in strike *4ettg4 type are deletions from existing law; Words in underlined type are additions. Page 292 of 305 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 WHEREAS, the City Code is silent with respect to recording liens for unpaid water, sewer, reclaimed water and residential refuse collection services; and WHEREAS, the City Commission, deems it appropriate and in the best interests of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach to establish a procedure for the recordation of municipal liens for unpaid water, sewer, stormwater, reclaimed water, and residential refuse collection fees and charges. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof, as if fully set forth herein. Section 2. Part II, Chapter 26, Article VII, Section 26-404 of the Code of Ordinances entitled `Billing and Payment Penalties" is hereby amended to read as follows: (a) Bills or statements for the stormwater utility fee shall be rendered monthly, in accordance with the regular utility billing cycle, by the utility billing division of the city for all properties subject to the fee. Bills shall be payable at the same time and in the same manner and subject to the same penalties as set forth for water. Any partial payment of a combined utility bill shall be applied first to the storm water utility fee. state, eettaty and mttaieipal taxes. Stteh lien, v�efi delin"ent fef alefe than 3 0 days, (b) For properties normally receiving monthly utility bills for other services, the stormwater utility fee shall be included in the monthly utility bill rendered to the established customer. At the discretion of the city Finance Director, fee waivers for short-term inactive utility accounts accruing fees of $10 or less in a six-month period may be made for purposes of administrative convenience. (c) For properties not receiving monthly utility bills for other services, the bill or statement for the stormwater utility fee shall be sent to the owner of the property as determined from the tax rolls. The utility billing division may render annual or semiannual billing at the beginning of the defined period on such properties if determined to be in the best interest of the city. 100087494.6 306-90018211 Words in strike *4ettg4 type are deletions from existing law; Words in underlined type are additions. Page 293 of 305 70 (d) The owner of a property is ultimately responsible for all fees imposed under this 71 chapter. 72 73 Section 3. Part 11, Chapter 26, Article I, Section 26-7 of the Code of Ordinances 74 entitled "Lien for Unpaid Charge; Liability for Charges" is hereby created as follows: 75 (a) Lien when customer is owner of property. In addition to any other remedy 76 provided in this chapter, when the customer is the owner of the property, the cites 77 have a lien against the property serviced for any and all unpaid fees and charges 78 authorized for the City's water, sewer, stormwater, reclaimed water system. The city 79 may record the lien in the Public Records of Palm Beach County, Florida. The lien 80 shall be coequal with the lien of all county and municipal taxes, superior in dignity to 81 all other liens, titles and claims, until paid. Such lien when delinquent for more than 82 30 days may be foreclosed by the city in the manner provided by the laws of Florida 83 for the foreclosure of mortgages on real property. The city shall be entitled to recover 84 costs and a reasonable attorney's fee incurred in foreclosing any such lien. No change 85 of occupancy or ownership shall affect the lien. 86 87 (b) Lien when customer is tenant. When the customer is a tenant, the city shall 88 have a lien against the leasehold interest and the tenant's personal property on the 89 premises for all unpaid fees and charges. The city may record the lien in the Public 90 Records of Palm Beach County, Florida. The lien shall be coequal with the lien of all 91 county and municipal taxes, superior in dicey to all other liens, titles and claims, 92 until paid. The city shall be entitled to recover costs and a reasonable attorney. 's fee 93 incurred in foreclosing any such lien. The city shall not impose a lien against the rental 94 property for any unpaid utility charges incurred by a former occupant except to the 95 extent that the present tenant or owner directly benefited from the services provided to 96 the former occupant. It is presumed that a property owner benefit from the City 97 providing utilities to the former occupant unless the property owner following the 98 City's Notice of Intent to file a lien, submits an affidavit and supporting documents to 99 the City establishing the following, when applicable: 100 1) The lease agreement, in effect during the time period the delinquency accrued, 101 contained a provision or addendum which required the tenant/former occupant to pay 102 the utilities and, 103 2) The property owner had no knowledge that utility_ payments were in arrears, 104 3) The property owner received no rent payment during the time period the 105 delinquency accrued and, 106 4) The property owner did not have a security deposit or the security deposit was 107 applied to delinquent rent and, log 5) Prior to the time period the delinquency accrued, the property owner legally 109 conveyed all of his/her/its interest in the respective property to an unassociated 110 individual or entity, III 112 The owner of a rental unit shall be responsible for all fees and charges for the rental 113 property until such time as the tenant applies for service and tenders the required 100087494.6 306-90018211 Words in strike *4ettg4 type are deletions from existing law; Words in underlined type are additions. Page 294 of 305 114 deposit. Any char_ ges prior to the current tenant's application and deposit and 115 subsequent to the former tenant's termination shall be the responsibility of the owner. 116 The city shall have a lien against the property serviced for all unpaid fees and charges 117 during the period of the owner's responsibility as stated in subsection (a) of this 118 section. 119 120 (c) Liability for charges, civil actions. The customer applying for utility service 121 shall be personally liable to the city for the payment of all fees and charges. In 122 addition to all other remedies, including the lien and foreclosure remedies set forth in 123 (a) and (b) above, the city shall have the authority to recover from the customer in a 124 civil legal action all unpaid fees, charges and penalties and the costs and a reasonable 125 attorney's fee incurred in any such action, including those incurred while on appeal. 126 Additionally, the customer shall be liable for any administrative costs the city incurs in 127 collection of the account. 128 129 (d) An administrative fee of $125.00 shall be charged to the customer whenever 130 the city records a lien against the property serviced for unpaid water, sewer 131 stormwater, reclaimed water rates, fees and charges. 132 133 134 Section 4. Chapter 10, Article 11, Section 10-33 of the Code of Ordinances entitled 135 "Lien for Unpaid Charge; Liability for Charges" is hereby created as follows: 136 (a) Lien when customer is owner of property. In addition to any other remedy 137 provided in this chapter, when the customer is the owner of the property, the city shall 138 have a lien against the property serviced for any and all unpaid fees and charges 139 authorized for the City's refuse collection system. The city may record the lien in the 140 Public Records of Palm Beach County, Florida. The lien shall be coequal with the lien 141 of all county and municipal taxes, superior in dignity to all other liens, titles and 142 claims, until paid. Such lien when delinquent for more than 30 days may be foreclosed 143 by the city in the manner provided by the laws of Florida for the foreclosure of 144 mortgages on real property. The city shall be entitled to recover costs and a 145 reasonable attorney's fee incurred in foreclosing any such lien. No change of 146 occupancy or ownership shall affect the lien. 147 148 (b) Lien when customer is tenant. When the customer is a tenant, the city shall 149 have a lien against the leasehold interest and the tenant's personal property on the 150 premises for all unpaid fees and charges. The city may record the lien in the Public 151 Records of Palm Beach County, Florida. The lien shall be coequal with the lien of all 152 county and municipal taxes, superior in dicey to all other liens, titles and claims, 153 until paid. The city shall be entitled to recover costs and a reasonable attorney's fee 154 incurred in foreclosing any such lien. The city shall not impose a lien against the rental 155 property for any unpaid utility charges incurred by a former occupant except to the 156 extent that the present tenant or owner directly benefited from the services provided to 157 the former occupant. It is presumed that a property owner benefit from the City 100087494.6 306-90018211 Words in strike *4ettg4 type are deletions from existing law; Words in underlined type are additions. Page 295 of 305 158 providing utilities to the former occupant unless the property owner following g the 159 City's Notice of Intent to file a lien, submits an affidavit and supporting documents to 160 the City establishing the following, when applicable: 161 1) The lease agreement, in effect during the time period the delinquency accrued, 162 contained a provision or addendum which required the tenant/former occupant to pay 163 the utilities and, 164 2) The property owner had no knowledge that utility payments were in arrears, 165 3) The property owner received no rent payment during the time period the 166 delinquency accrued and, 167 4) The property owner did not have a security deposit or the security deposit was 168 applied to delinquent rent and, 169 5) Prior to the time period the delinquency accrued, the property owner legally 170 conveyed all of his/her/its interest in the respective property to an unassociated 171 individual or entity, 172 173 The owner of a rental unit shall be responsible for all fees and charges for the rental 174 property until such time as the tenant applies for service and tenders the required 175 deposit. Any charges prior to the current tenant's application and deposit and 176 subsequent to the former tenant's termination shall be the responsibility of the owner. 177 The city shall have a lien against the property serviced for all unpaid fees and charges 178 during_the period of the owner's responsibility the period of the owner's responsibility as stated in subsection (a) of this 179 section. 180 181 (c) Liability for charges, civil actions. The customer applying for utility service 182 shall be personally liable to the city for the payment of all fees and charges. In 183 addition to all other remedies, including the lien and foreclosure remedies set forth in 184 (a) and (b) above, the city shall have the authority to recover from the customer in a 185 civil legal action all unpaid fees, charges and penalties and the costs and a reasonable 186 attorney's fee incurred in any such action, including those incurred while on appeal. 187 Additionally, the customer shall be liable for any administrative costs the city incurs in 188 collection of the account. 189 190 (d) An administrative fee of $125.00 shall be charged to the customer whenever 191 the city records a lien against the property serviced for unpaid refuse collection rates, 192 fees and charges. 193 194 Section 5. If any section, sentence, clause, or phrase of this Ordinance is held to be 195 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in 196 no way affect the validity of the remaining portions of this Ordinance. 197 Section 6. It is the intention of the City Commission of the City of Boynton Beach, 198 Florida, that the provisions of this Ordinance shall become and be made a part of the City of 100087494.6 306-90018211 Words in strike *4ettg4 type are deletions from existing law; Words in underlined type are additions. Page 296 of 305 199 Boynton Beach Code of Ordinances; and that the sections of this ordinance may be 200 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or 201 such other appropriate word or phrase in order to accomplish such intentions. 202 Section 7. This Ordinance shall become effective on the date of second reading set 203 forth below. All changes, additions, and implementation of any rate or fee shall take effect 204 immediately. 205 100087494.6 306-90018211 Words in strike *4ettg4 type are deletions from existing law; Words in underlined type are additions. Page 297 of 305 206 FIRST READING this day of , 2016. 207 SECOND, FINAL READING AND PASSAGE this day of 208 2016. 209 CITY OF BOYNTON BEACH, FLORIDA 210 211 212 213 Mayor — Jerry Taylor 214 215 Vice Mayor — Joe Casello 216 217 Commissioner — David T. Merker 218 219 Commissioner — Mack McCray 220 221 Commissioner — Michael M. Fitzpatrick 222 223 224 VOTE 225 226 ATTEST: 227 228 229 230 Judith A. Pyle 231 Interim City Clerk 232 233 234 235 (Corporate Seal) 236 237 YES NO 100087494.6 306-90018211 Words in strike *4ettg4 type are deletions from existing law; Words in underlined type are additions. Page 298 of 305 13.C. LEGAL 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-006 - SECOND READING - PUBLIC HEARING - Approve amending City Code of Ordinance Section 16-60, item (d) to restrict use of the docks in the lagoon at the park for loading and unloading, and for no more than 30 minutes. EXPLANATION OF REQUEST. The docks in the lagoon at Oyer Park are intended for loading and unloading. They are provided so that boaters do not obstruct the flow of boats that use the ramps that are used for launching or placing boats back onto their trailer. However, it is not uncommon for some boaters to leave their vessels at the loading/unloading docks for an inordinate amount of time, thereby making them unavailable for their intended purpose. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow for a more efficient use of the ramps and loading/unloading docks at Oyer Park. FISCAL IMPACT. Non -budgeted $50 to purchase the necessary sign. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance Ordinances amending Boat Storage at Oyer Park REVIEWERS: Page 299 of 305 Department Reviewer Action Date City Clerk Fele, Judith Approved 21171201 - 9:37 ANA Page 300 of 305 I 2 ORDINANCE NO. 16- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART II, CODE OF ORDINANCES, CHAPTER 16, 6 "PARKS AND RECREATION", SECTION 16-59, "OVERNIGHT 7 BOAT DOCKING PROHIBITED"; AMENDING SECTION 16-60, 8 "ESTABLISHING HOURS OF USE AT HARVEY E. OYER, JR. 9 PARK" PROVIDNG A TIME LIMIT FOR THE USE OF THE BOAT 10 LAUNCH AREA; PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, City staff has been reviewing existing code language to assure that the 14 Parks and Recreation Chapter is clear and consistent throughout the Code of Ordinances; and 15 WHEREAS, Boynton Beach Harvey E. Oyer, Jr. Park is one of the City's most 16 popular and busiest parks; and 17 WHEREAS, the boat launch docks at Harvey Oyer park are frequently used and 18 limited in space; and 19 WHEREAS, the City's current ordinance has provisions which limit boat storage but 20 do not clearly address the use or obstruction of the boat launch docks; and 21 WHEREAS, to allow full and fair access to the boat launch docks, City staff has 22 determined that the ordinance should be amended to include specific guidelines for the use of 23 the boat launch docks and the storage of boats at the park; and 24 WHEREAS, the City Commission deems it to be in the best interest of the citizens 25 and residents of the City to amend Chapter 16 of the City's Code of Ordinances as 26 hereinafter referenced. 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, THAT: 29 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 30 herein by this reference. 31 Section 2. Chapter 16, "Parks and Recreation", Section 16-59 of the City's Code 32 of Ordinances is hereby amended by adding the words and figures in underlined type and by 33 deleting the words and figures in struck -through type, as follows: 34 Sec. 16-59. Overnight boat docking prohibited. t00106407.2 306-9001821 } 1 Page 301 of 305 35 It shall be unlawful for any persons to camp overnight on the grounds of Harvey E. Oyer, 36 Jr. Park or to dock their boats on the shorelines or ramp area of said Harvey E. Oyer, Jr. Park 37 either overnight or on a permanent docking basis. 38 Section 3. Chapter 16, "Parks and Recreation", Section 16-60 of the City's Code 39 of Ordinances is hereby amended by adding the words and figures in underlined type and by 40 deleting the words and figures in struck -through type, as follows: 41 Sec. 16-60. Establishing hours of use at Harvey E. Oyer, Jr. Park. 42 (a) The Harvey E. Oyer, Jr. Park shall be closed at 10:00 p.m. to all persons, except: 43 (1) Fishermen; 44 (2) Boaters actively engaged in fishing or boating or preparation thereof, and 45 (3) Official permit holders utilizing the boat club building. 46 (b) It shall be unlawful for anyone, except the enumerated persons, to enter the Park 47 between the hours of 10:00 p.m. and dawn of the next day. 48 (c) The Harvey E. Oyer, Jr. Park shall not be used for storage of any kind, including but 49 not limited to, storage of vessels, vehicles and trailers. 50 (d) The docks in the lagoon at the park are intended for loading and unloading boats. The 51 loading/unloading docksea+ l ,,.,e n. -an shall not be used for storage and all persons who 52 use the loading/unloading docks +he I -e !auneh area must clear the afea docks as quickly 53 and efficiently as possible. No boats,ilex-s y ft personal property, or other objects 54 shall occupy or obstruct the loading/unloading docks Ile— !aunearea for more than thirty 55 (30) minutes at a time. 56 -��Le) No tether, lock or other personal property shall be permanently attached to any 57 fixtures, trees or other objects on the Harvey E. Oyer, Jr. Park premises. 58 Lf Any decal holder actively engaged in fishing, boating or preparation thereof for a 59 period of three (3) days or more shall notify the City in writing in advance. The City shall tag 60 the trailer and/or vehicle of any such decal holder as an "Extended Stay" vehicle. Any 61 vehicle or trailer that remains in the Park for three (3) days or more without prior permission 62 from the City shall be removed, towed or otherwise disposed of at the owner's expense. 63 ( = Vehicles without a trailer may only park in areas designated for single vehicles. 64 Section 4. Each and every other provision of the Code of Ordinances of the City 65 of Boynton Beach not herein specifically amended shall remain in full force and effect as 66 previously enacted. t00106407.2 306-9001821 } 2 Page 302 of 305 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become effective immediately upon passage. FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this 2016. ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) t00106407.2 306-9001821 } CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick 3 VOTE day of , YES NO Page 303 of 305 14.A. FUTURE AGENDA ITEMS 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: Code Compliance Initiative- North Federal Highway - March/April 2016. 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 Reviewer Action Date Foyle, Judith Approved 2/17/2016 - 3:66 AM Page 304 of 305 14. B. FUTURE AGENDA ITEMS 3/1/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/1/2016 REQUESTED ACTION BY COMMISSION: Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - April/May 2016 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 Reviewer Action Date Foyle, Judith Approved 2/17/2016 - 3:66 AM Page 305 of 305