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Agenda 12-17-19 The City of wr Boynton Beach y City Commission Agenda Tuesday, December 17, 2019, 6:30 PM Intracoastal Park Clubhouse 2240 N. Federal Highway Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 C] www.boynton-beach.org Page 1 of 715 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF 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 your name for the record 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 Intracoastal Park Clubhouse, 2240 N. Federal Highway, 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 2of715 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation - Elder Lester, New Disciples Worship Center Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. B. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2020 Martin Luther King Jr. Celebration event. C. Announcement by Eleanor Krusell, Public Communications and Marketing Director, of the 12 winning entries of the 49th Annual Holiday Parade. 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. 6. CONSENTAGENDA 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. Approve rescheduled Commission meeting dates due to conflicts with elections in 2020: March 17, 2020 rescheduled to March 18, 2020; August 18, 2020 rescheduled to August 19, 2020 and November 3, 2020 rescheduled to November 4, 2020. B. PROPOSED RESOLUTION NO. R19-163 - Approve and authorize the Mayor to sign an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for connection to the County's fiber optic network at an annual cost of$4,750. C. Approve request to release Unity of Title for 2848 SE 1st Court (08-43-45-33-11-000-0230), also known as Lots 23 and 24 Dewey Heights. Applicant: Theodore C. Hoskinson. D. PROPOSED RESOLUTION NO. R19-164 - Authorize the City Manager to sign a Letter of Agreement (LOA) with The Agency for Health Care Administration (ANCA) for the State Fiscal Page 3of715 Year 19-20 PEMT MCO Program. E. Approve emergency purchase orders that were issued for a total expenditure of $94,701.33 for the purchase of a replacement electrical power transformer and associated equipment at the City's West Water Treatment Plant. F. Approve change order #1 in the amount of $2,100 increasing Purchase Order No. 191387, for roof repairs at The West Water Treatment Plant buildings A and B, issued to Anzco Inc on September 12, 2019 in the amount of $110,000. This increase will make the total cost of the roof repairs$112,100. G. Piggy Back by Purchase Order the State of Florida Alternate Contract #43211500-W SCA-15- ACS for the purchase of four Dell/Datrium Compute nodes from Transource Services Corp in the amount of$88,335.68. H. Approve funding in the amount not too exceed $12,000 for a Commercial Rent Reimbursement Grant to LuxCorp. Inc. (Lux Salon) located at 3469 W Boynton Beach Blvd. #5, Boynton Beach, F L 33436. I. PROPOSED RESOLUTION NO. R19-165- Authorize the Interlocal agreement between CRA and the City for reimbursement of funding of furniture and relocation services into the new City Hall in the amount of$115,000.00. J. Authorize the City Manager to implement proposed changes in purchasing thresholds pursuant to Chapter 10 of the City's Administrative Policy Manual. K. Accept the written report to the Commission for purchases over $10,000 for the month of November 2019. L. 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 December 17, 2019- "Request for Extensions and/or Piggybacks." M. PROPOSED RESOLUTION R19-166- Approve and authorize the Mayor to sign a Purchase and Sale Agreement with the CRA to transfer ownership of the City owned property located at NE 4th Street and NE 1st Ave. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-167- Approve utilizing the Houston-Galveston Area Council's Contract ILC No. 18-6755 to furnish and install Command Central Aware software for the Police Department's Real Time Crime Center from Motorola Solutions, Inc. of Plantation, FL for a first year amount of $465,860 and annual subscription payment of $93,503 during years two through six of the contract for the annual subscription. Authorize the City Manager to sign a Contract with Motorola. The Houston-Galveston Area Council's procurement process satisfies the City's competitive bid requirements. B. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for December 17, 2019- "Request for Extensions and/or Piggybacks." C. PROPOSED RESOLUTION NO. R19-168- Authorize the purchase of "Extreme Networks" network equipment and Palo Alto firewalls from STEPcg of Covington, KY in the amount of $249,966.69 utilizing the State of Florida Alternate Contract Source Number 43220000-WSA-14- ACS and National Cooperative Purchasing Alliance (NCPA) contract Synnex NCPA 01-97 Advanced Technology Solutions Aggregator for the purchase, installation, and configuration of networking and firewall equipment at the Police Headquarters and authorizing the City Manager to sign the Quotation and Statement of Work with STEPcg. The State of Florida Alternate contract and Synnex NCPA contract complies with the City of Boynton Beach's competitive bid requirements. Page 4of715 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 20-001 - FIRST READING - Approve revisions to the Workforce Housing Program (CDRV 19-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article 11. Definitions, and Article V. Housing I nitiatives, Section 2. Workforce Housing Program. Applicant: City-initiated. 9. CITY MANAGER'S REPORT A. Announcement concerning the implementation of Bids & Tenders Contract Management and E- Bidding Software by Eric Marmer, Senior Buyer. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R19-169 - Accept land donation from Catherine M. Speth Trust. B. At the December 3rd Commission meeting the City Commission requested an agenda item to discuss the possibility of changing the Commission meeting start times to an earlier time. 12. LEGAL A. PROPOSED RESOLUTION R19-170 - Establish by Resolution the District Energy System (DES) rates, fees and charges for chilled water service. B. PROPOSED ORDINANCE NO. 19-043 - SECOND READING - Approving the abandonment of an FP&L utility easement within the Ocean Breeze East development, located at 100 NE 7th Avenue. Applicant: Lewis Swezy, Ocean Breeze East Apartments LLC. 13. FUTURE AGENDA ITEMS A. Quarterly Census updates by Laura Lansburgh, Marketing Manager: February 18, 2020 B. Staff to bring forward maintenance contract with private partners for Joe Crowder Dog Park - January 7, 2020. C. Discuss Local Septic Tank Inspection Program- February 18, 2020 D. Discuss Fine Free Program for City Library - January 21, 2020. E. Discuss City Manager's evaluation and compensation. Present salary survey as requested - January 7, 2020. F. Discuss purchase and sale agreement for Nichols property - February 18, 2020. G. Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits- March 3, 2020 H. The Mayor requested data on Recreation and Parks programs and attendance. Staff will provide report- January 21, 2020 1. Consider Vision Zero Resolution - TBD J. Discuss Opportunity Zones- Task Force- January 7, 2020 Page 5of715 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE 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 FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS 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 REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page6of715 1.A. OPENING ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation - Elder Lester, New Disciples Worship Center Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 7of715 2.A. OTHER 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 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: Page 8of715 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. EXPLANATION OF REQUEST: 2020 Census Day is April 1, 2020. A City Team has been working diligently to create awareness of the upcoming Census. Laura Lansburgh, Marketing Manager, will update and inform the Commission and the community about the City's Census outreach efforts over the past quarter. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Every decade, the U.S. Census Bureau counts America's population and uses the data to distribute $675 billion of federal funding to states and communities each year. It is estimated that for every individual counted in the 2020 Census, the City will receive $1,600 per person per year in city services over a ten year period. FISCAL IMPACT: Budgeted 2020 Census expenses are included in the FY19-20 budget. ALTERNATIVES: Do not make an announcement with an update about the outreach efforts for the 2020 Census. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: It is estimated that for every individual counted in the 2020 Census, the City will receive $1,600 per person per year in payment for services over a ten year period. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 9of715 ATTACHMENTS: Type Description D Addendum 1 ® Census Poster Addendum 19® Census Postcard (General) Addendum 19® Census Postcard (Kids) Page 10 of 715 it0 tp1, 4 t u 1 t'. { n t ft n;v United States' -CITY OFA--- ,-•� Census BOYNT()IN B E A C M 2020 • A • • . i • Page 11 of 715 is • � ��,L� �X41 tt3, 4111 RGI • `'�'�� 1,t��,,� • E� 1 1 1 • y 3 t • �'�P � ��i `v �� k ,f t t c t y6 A�¢ 7 , �4�a • �S O e; 1 � S X - L O 'o, E •� � T J +a o L ; 3 p U O O N N O C O a O Q W in v N O > Ln P O N U �11kr�}�t F1i(4f�l�ek w iu Q L- M t a� C sum a C U L Q M au L T E v Q 2 E u ®® BMW eA � pu il�ti4t�5 ,}sr �# LLJu Alt BMW rU iIll {F ON ♦♦� � �W 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2020 Martin Luther King Jr. Celebration event. EXPLANATION OF REQUEST: The City, in conjunction with the Boynton Beach Community Redevelopment Agency, invite the community to the Martin Luther King Jr. Celebration event that will be held on Monday, January 20, 2020 at Sara Sims Park (209 NW 9th Ave.) and includes the Grand Re-Opening of park. (The initial Grand Opening that was planned on November 9, 2019, was cancelled due to weather). The event will begin at 12 p.m. We invite all community members to be a part of planning this free family fun event that will include music, children's activities, food vendors and more! For more information, call 561.742.6642 or visit boynton-beach.org/mlk. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Support services for the MLK Celebration were provided by City Departments such as Recreation, Public Works, Fire and Police Departments. FISCAL IMPACT: Budgeted The Martin Luther King, Jr. Celebration is budgeted in the Special Events FY 19/20 annual budget. ALTERNATIVES: Do not allow announcement. STRATEGIC PLAN: Boynton Beach Branding STRATEGIC PLAN APPLICATION: The MILK Celebration will highlight the expansion of one of the City's parks- Sara Sims Park. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 14 of 715 Grant Amount: ATTACHMENTS: Type Description D Attachment 2017 MILK Flyer Page 15 of 715 .t . ,.. h , yp,f l?t�l)lp�)rkli\t��r,,,, lr; ln(,Vt, �\\� f']�4i�t ��1) AM I� j � (� �' VA\k€1�,,\t{it"1'ly':; ,jvlil��sti'1+,'1v}114�(��1111�1VAA,ilU�A11511 ��V Ai Il�lrvr�VA\I,��st�i�1i!1A Sk�l 11A)is Jrvi, n v.NNu»�A..f', 11t11i1\ s r;t,A 1)1vrt Its r�A1 S1 �(1114 }(1t�1 �)1,1 1 h}11S}V111 t13��r 1 ,1Av �yVv12�ii�11,1:,7737t1Sy;�ltp�{ - �7)t11,��1\VA\\��1��\tV€2i�f�t5t l��it$�A�S1 elsJ,(tI}\l��vi1�1�i�1��f\14'f�i f��,1S�1{i�1�11A i}t�it`;y1i ,\41t(tii11�1rrjtt��'Sr �iS�1,��\s 1\�1A iv€4\ 1rUE\tAZS11� 1ii�}}? sys 11}„� 1(S \VVlyt 3,i N. 11++�{(;n,,A,1�1�vttr7i:,, _ )'(1,tutfv,1�ik�1\t��s,j�1114r�tsly}y4lr3ffv1�1��r��1��yS if((�ASVAi�1�\ark\ltd€li,�\i sif�€trj- }v it'\t1`,4�4�\,i VAA,111ti)y��st�{,(311�S1iv\r, \V(\�\Ax1 X37;A(ilrt��ts'?r£it4,7l t�(E1 rs1�7h111)13tVvti151,4t,,;. ;"q 1}(IIS i�t41� \\t �� IS to+t1(r A\t,i�i s) �\1f 141 is 1v \ fh\ts�,1„S�)}� „�,a1�¢s�rtil�rtt,,,,,�1,},?1;t}r�, )�t\r 11S1t,sai�vVvvj�wr)��,t�,�,u,,S�tiOi,{1111tj1111`;14fvah�tf4�lttl,�£v�At�Av11IV{,r\S�((. �i)r+r,,}i:.,vllyvA�>11�V11.t(��1Ak�\15ts,ini£1�,�.A,t11i�,�t.::: € vilA�it<11�rltl�rrr lil�b�Jb��(\(tr 1}�lv+I}�;,v1ll SA1A�s11�1\qss 21�'�11�,�}t1q t,r{, r i� t y yllii(( �flli;lvlv2t+(41.��vS �v4q�It 41S��yitt�kt �,!)t��t1�(ilv�rt,,sVsA(li1v�V)irs((tj{rt11(��,��1#Vv v�\€}��{S(i`i41V�1�{fw'�1ii�A11h�`a2t�)�uvAtillsf�iil(ti\v1�t#j4�lifi(��111a,,: tsstltlijl�i�(\�t11ir{�ij�t;�'�i1s11 ,511 , ) �� VAtfi (117),7 i�vv€(1Ui5 v+,i} VAfid ,t.:lt tt \ c lir, � �iA\AA1S 1�v1 )�l\1 1 lu�i��51(pN ;'� r AV�ra6 iilillk)'il t, )f£+tl{\As3141,,d tvri 71Vv1}t V,' ddyh,it,litvl1'sl#\l� ,�,�gl1�t��1E,V��s�v�vt v�tr ¢ 7x itv+4A LhJ�\}t111�t r�tj+tih1V`�tivS�l,�1\st,S(�,1��sf i N rt4 V vpp�`s 1111 t +11 , 11,i(�,- 11�11vrviisllqsl\\ i1v tta V,Atli(t\\r t4Sh i ' i L 3 ! '. j l i l i • 1 A A t 'F 1 h, H 1 � • i 1 x 1 1 i 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Announcement by Eleanor Krusell, Public Communications and Marketing Director, of the 12 winning entries of the 49th Annual Holiday Parade. EXPLANATION OF REQUEST: Announcement of the Holiday Parade Awards: - 10 J udges Awards - Mayor's Award - People's Choice Award HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Support services for the Holiday Parade were provided by City Departments such as Recreation, Public Works, Fire and Police Departments. FISCAL IMPACT: Budgeted The Holiday Parade was a budgeted item within the Marketing/Events Department budgets. ALTERNATIVES: Do not announce the winning entries of the 49th Annual Holiday Parade. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: The Annual Holiday Parade brought residents and visitors to the downtown area. The City's restaurants and businesses in the area saw increased business. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 17 of 715 5.A. ADMINISTRATIVE 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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: Building Wealth in the Community STRATEGIC PLAN APPLICATION: Building Wealth in the Community. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: No. Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Appointments and Applicants for December 17, 2019 Attachment Cruz, Angela Attachment Crcevic, Sharon Attachment Wright, Bernard Page 18 of 715 APPOINTMENTS AND APPLICANTS FOR DECEMBER 17, 2019 Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/20 (Tabled 3) IV Penserga Alt 2 yr term to 12/21 (Tabled 3) II McCray Reg 2 yr term to 12/21 (Tabled 2) III Romelus Reg 2 yr term to 12/21 (Tabled 2) Applicants: None Community Redevelopment Agency Advisory Board IV Penserga Reg 2 yr term to 12/21 (Tabled 2) Mayor Grant Reg 2 yr term to 12/21 (Tabled 2) 1 Katz Reg 2 yr term to 12/21 (Tabled 2) Applicants: Angela Cruz Sharon Grcevic Bernard Wright Education and Youth Advisory Board 11 McCray STU 2 yr term to 12/21 (Tabled 3) III Romelus STU NV 2 yr term to 12/21 (Tabled 2) I II I Romelus Reg 2 yr term to 12/21 Applicants: None Historic Resources Preservation Board III Romelus Alt 2 yr term to 12/20 (Tabled 2) 11 McCray Reg 2 yr term to 12/21 (Tabled 2) III Romelus Reg 2 yr term to 12/21 (Tabled2) IV Penserga Alt 2 yr term to 12/21 Applicants: None Library Board 11 McCray Reg 2 yr term to 12/21 (Tabled 2) III Romelus Reg 2 yr term to 12/21 (Tabled 2) IV Penserga Reg 2 yr term to 12/20 (Tabled 2) Mayor Grant Alt 2 yr term to 12/21 (Tabled 2) 1 Katz Alt 2 yr term to 12/20 (Tabled 2) Page 19 of 715 Applicants: None Senior Advisory Board I Katz Alt 2 yr term to 12/20 (Tabled 3) IV Penserga Reg 2 yr term to 12/21 (Tabled 2) Mayor Grant Reg 2 yr term to 12/21 (Tabled 2) 1 Katz Alt 2 yr term to 12/21 (Tabled 2) Applicants: Angela Cruz Page 20 of 715 Christina Romelus City Commissioner- District Ili City Commission v� Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 I Boynton Beach, Florida 33426 561-742-6010 RomelusC@bbfl.us ;, boynton-beach.org/ si vi, Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. Begin forwarded message: From: Angela Cruz <crangela23(( yahoo.com> Date: December 11, 2019 at 11:51:56 PM EST To: "Romelus, Christina" <RomelusC i bbfl.us> Subject: Re: Advisory Boards Hi Christina, I hope you are having a great day! I submitted my application tonight for the CRA Advisory board. Could you please appoint me to the CRA board? Also, if I can be on more than one I am also willing to serve on the Senior Advisory Board. Thanks in advance, Angela Cruz On Friday, December 6, 2019, 5:18:13 PM EST, Gibson, Crystal <gibsonc c_bbfl.us>wrote: Good Afternoon, Ms. Cruz, Please visit the following link to the City's website for a list of current openings on advisory boards and committees and to submit an online application: htts://www.boynton- beach.or /boards-and-committees. 2 Page 21 of 715 Cher. Guberman, Catherine From: crangela23 <noreply@123formbuilder.io> Sent: Wednesday, December 11, 2019 11:45 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 12/11/2019 Name Angela Cruz Phone number 561-674-3905 Address 1420 Via De Pepi Boynton Beach FL 33426 United States Email crangela23@yahoo.com Current occupation or, if Regulatory Analyst retired, prior occupation Education B.S. in Legal Studies, Master in Public Administration Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Community Redevelopment Agency Advisory Board Personal Qualifications I have a Bachelor's Degree in Legal Studies and a Master in Public Administration. I am very passionate and have dedicated my life to public service. I have experience conducting research, analysis and recommendations on government programs, laws, regulations,activities and funding issues. I have been a resident of the City of Boynton Beach for over three years and I am very excited about the changes that have been implemented to improve our city. I am interested in the changes affecting the implementation of the CRA Plan. I would love the opportunity to be part of the CRA Advisory Board. 1 Page 22 of 715 Professional Memberships —Served as Senator, Undergraduate Student Government at Nova Southeastern University 2013 —Master of Public Administration Student Association Vice President 2015, President 2016 —2020 Fellow New Leaders Council Young League of Women Voters member and volunteer Feel free to attach/upload an extra sheet or resume. Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 73.1.179.195(United States)at 2019-12-1123:44:39 on Safari 10.1.2 Entry ID:368 Referrer:htt:s:' www.bo�nton beach or ;boards-and-committees Form Host:htt}?s,/; www.123formbuilder.com(form-583214/Advisor-Board-Appointment-&?Llicat o,n 2 Page 23 of 715 Ellis, Sha la From: boyntonrealty <noreply@123formbuilder.io> Sent: Wednesday, December 11, 2019 3:53 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 12/11/2019 Name Sharon Grcevic Phone number 561-252-2519 Address 7043 Chesapeake Circle Boynton Beach Fl 33436 United States Email boyntonrealty@aol.com Current occupation or, if Real Estate Broker retired, prior occupation Education some college Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a Yes business within City limits? If"yes",name of business: boyntonrealty@aol.com Are you currently serving No on a City board? Have you served on a City Yes board in the past? If"yes",which board(s) Boynton Beach Planning and development and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Community Redevelopment Agency Advisory Board Personal Qualifications Broker owner of Boynton Beach Realty since 2001 in the city limits. I have been a home owner in Boynton Beach city limits since Feb 1998 in Nautica Sound. Born in Chicago grew up in the south suburbs. Obtained Real Estate license in Illinois 1988. Worked as the marketing and sales director for a builder 8 years before moving to Florida. i Page 24 of 715 I was directly involved with all sales/marketing and the staff architect on planning and designing custom homes, interior design. Working with local towns and city Building dept. permits and codes. Was a director for the South Suburban home builders association Illinois. Professional Memberships Local Realtors association and National Association of Realtors. Feel free to attach/upload an extra sheet or resume. Certification 1,the applicant,hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.46.237.106(United States)at 2019-12-1115:52:47 on Edge 18.17763 Entry ID:367 Referrer: https://www.bovnton-beacLq boards-and-committees. Form Host:httks�,123formbuilder.com/form-583214/Advisory-Board-AEDpointment-Apligation 2 Page 25 of 715 s CITY OF TON BEACH D ADVISORY BOARD a� APPOINTMENTI Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name AJC—` �� r- F'� I Gender: P'l Telephone # Address r7 W kJ I - - - Zip Code ,2Other E-mail Address: @��sc�,Z-C�� r-', ., (C_157 ' ` �4-��i� Phone: Current occupation or prior occupation: Education. �� Vii. �t�c t�D lU Q__-4 Q.� 1 r eg s G S G�,J_(�_Kd, G X_�—Tr 1� —T— Are you a registered voter? Y4eS No Do you reside within the Boynton Beach City limits? �—_ `Yes No Do you own/manage a business within the City limits, Yes_ ____ No If"yes", name of business Q ex-UcLP� _ " -rr► ��S(T- _ Are you currently serving on a City board? - Yes G--fdo Have you served on a City board in the past? __Y s �o If so, which board(s)and when? Have you ever been convicted of a crime? f ,. If so, when Where J Please indicate which advisory board you are seeking appointment. For board listing, requirements, re�ponsbiWes and meeting times and dates, see pages 3 and 4 attached. �Arts Commission Library Board w � I' Building Board of Adjustment&Appeals Planning & Development BoarW _= �i''Community Redevelopment Advisory Board Police Officers'Retirement Tryst Education and Youth Advisory Board Recreation &Parks Board o ' Employees'Pension Board Senior Advisory Board •• cc Firefighters'Pension Trust Fund r5 rn Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EllisS\Desktop\Master Form-Talent Bank Form-REVISED 11-9-16.doc Page 26 of 715 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. A/12 C) -S 0.5 5 L'z5--l'.-k r 4 C; �'-S-Q_r A.L dte-d LA-5 -C Z--S-V-v-1� Please list any professional memberships L,6-cL P7 E4 ST- (Lo ce"S-T- t'e-C-T-0-r- C> IL)t) Le_L 0-� T: Z. l� Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. signatureC—K Date: C:\Users\ElhsS\Desktop\Master Form-Talent Bank Form-REVISED 11-9-16.doc Page 27 of 715 6.A. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Approve rescheduled Commission meeting dates due to conflicts with elections in 2020: March 17, 2020 rescheduled to March 18, 2020; August 18, 2020 rescheduled to August 19, 2020 and November 3, 2020 rescheduled to November 4, 2020. EXPLANATION OF REQUEST: Three regularly scheduled Commission meeting dates conflict with various elections in the Year 2020: 1. March 17, 2020 (Presidential Preference Primary and Uniform Municipal Election) 2. August 18, 2020 (Primary Election) 3. November 3, 2020 (General Election) Staff recommends moving these meetings to the following dates: 1. March 17, 2010 rescheduled to Wednesday, March 18, 2020 2. August 18, 2020 rescheduled to Wednesday, August 19, 2020 3. November 3, 2020 rescheduled to Wednesday, November 4, 2020 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: N/A ALTERNATIVES: Allow the Commission meetings to remain on the election days. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 28 of 715 6.B. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-163-Approve and authorize the Mayor to sign an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for connection to the County's fiber optic network at an annual cost of$4,750. EXPLANATION OF REQUEST: The I.T.S. Department contacted Palm Beach County Information Systems Services (ISS) Department requesting to change the interlocal agreement to include network connectivity to the Palm Beach County network in the Northwest Regional Datacenter (NW RDC). The City of Boynton Beach Commission approved the original agreement via Resolution#R09-122 on August 18, 2009 and renewed the agreement on February 5, 2013 via Resolution R13-009. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The agreement will continue to provide the City of Boynton Beach with a high-speed optical fiber link between our network and the Palm Beach County ISS Department's network, which in turn provides the City of Boynton Beach with fast, cost-effective connectivity to the Internet. In addition, the agreement will provide the City of Boynton Beach with a high-speed connection for the City's disaster recovery site at the NW RDC. FISCAL IMPACT: Budgeted The cost of the agreement has been reduced from$8,400 annually to $4,750 annually. The City of Boynton Beach will be assessed a monthly recurring charge of$375 ($4,500 annually) and a one-time charge of $250.00. Funds are budgeted and available in the I.T.S. Department's telephone services account(001- 1510-513.41-10). ALTERNATIVES: Do not enter into the agreement with Palm Beach County. Seek quotes from other vendors to provide Internet connectivity services. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 29 of 715 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ILA with PBC for fiber optic network connection D I nterlocal Agreement Palm each County I nterlocal Agreement Page 30 of 715 1 RESOLUTION R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE 6 MAYOR TO SIGN THE INTERLOCAL AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND PALM 8 BEACH COUNTY FOR FIBER OPTIC NETWORK 9 CONNECTION;AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the I.T.S.Department contacted Palm Beach County Information Systems 13 Services (ISS) Department requesting to change the Interlocal Agreement to include network 14 connectivity to the Palm Beach County network in the Northwest Regional Datacenter 15 (NWRDC).; and 16 WHEREAS, the agreement will continue to provide the City of Boynton Beach with a 17 high-speed optical fiber link between our network and the Palm Beach County ISS Department's 18 network,which in turn provides the City of Boynton Beach with fast, cost-effective connectivity 19 to the Internet; and 20 WHEREAS, the agreement will provide the City of Boynton Beach with a high-speed 21 connection for the City's disaster recovery site at the NWRDC; and 22 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 23 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 24 Beach to approve and authorize the Mayor to sign the Interlocal Agreement between the City of 25 Boynton Beach and Palm Beach County for fiber optic network connection in the annual amount 26 of$4,750.00. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I S:ACA\RESO\Agreements\ILA With PBC For Fiber Optic Network Connection-Reso.Docx Page 31 of 715 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the 33 Mayor to sign the Interlocal Agreement between the City of Boynton Beach and Palm Beach 34 County for fiber optic network connection in the annual amount of $4,750.00, a copy of said 35 Interlocal Agreement is attached hereto and made a part here as Exhibit"A". 36 Section 3. That this Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this day of December, 2019. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 City Mayor— Steven B. Grant 43 44 Vice Mayor—Justin Katz 45 46 Commissioner—Mack McCray 47 48 Commissioner—Christina L. Romelus 49 50 Commissioner—Ty Penserga 51 52 53 VOTE 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 (Corporate Seal) 2 S:ACA\RESO\Agreements\ILA With PBC For Fiber Optic Network Connection-Reso.Docx Page 32 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County ISS Services Interlocal Agreement This Interlocal Agreement ("Agreement") for information technology ("IT") services is entered into this day of , 2020 by and between the City of Boynton Beach ("LOCAL GOVERNMENT") and Palm Beach County ("COUNTY") a political subdivision of the State of Florida. This Agreement rescinds existing Agreement for IT Services R2013-0308.1, dated March 12, 2013. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the LOCAL GOVERNMENT and the COUNTY have recognized the need for the LOCAL GOVERNMENT to obtain IT services ("IT") for the purpose of gaining access to IT resources at a cost savings due to the ability of COUNTY to leverage its resources for the greater good of citizens of COUNTY, the State of Florida, and any public sector organization that can benefit from these services; and WHEREAS, in recognizing these facts, the LOCAL GOVERNMENT and the COUNTY desire to enter into such an agreement which provides for the joint use of such IT assets and establishes policies for its use by each organization. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the parties do mutually agree as follows: Section 1 Purpose The purpose of this Agreement is to provide IT services to the LOCAL GOVERNMENT for the purposes described in the attached Exhibit A. Page 1 of 9 Page 33 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County ISS Services Section 2 Approval The COUNTY approves of the LOCAL GOVERNMENT's participation in the use of the COUNTY's IT resources and any other services as specified in the attached Exhibit A. Section 3 Exhibits The attached Exhibit A made a part hereof, delineates the services to be provided to the LOCAL GOVERNMENT by the COUNTY through its Information Systems Services (ISS) Department, identifies the roles and responsibilities of the COUNTY and the LOCAL GOVERNMENT in this regard, and sets forth an issue, communication, escalation and resolution process, as well as methodologies for billing and paying the quarterly service charges for IT services. Section 4 Term The term of this Agreement including Exhibit A,unless terminated as provided in Section 6 herein, is for a period of one (1)year with four(4) automatic one year renewals. The effective date is the date of approval by the Board of County Commissioners. Section 5 Resale of IT Services The LOCAL GOVERNMENT shall not share or resell any portion of the COUNTY's IT Infrastructure or Services in any manner not approved of in this Agreement or without explicit written consent from Palm Beach County, which consent shall not be unreasonably withheld. Section 6 Termination COUNTY reserves the right to terminate this Agreement, at any time, for lack of funding, cause or convenience upon thirty (30) days' notice to LOCAL GOVERNMENT. LOCAL GOVERNMENT may terminate this Agreement for lack of funding, cause or convenience upon thirty (30) days' notice to COUNTY. The parties acknowledge that LOCAL GOVERNMENT shall sustain no damages, of any kind or character, as a result of the termination of this Agreement. Page 2 of 9 Page 34 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County ISS Services Section 7 Indemnification and Hold Harmless The LOCAL GOVERNMENT shall indemnify, defend and hold harmless COUNTY, its agents, employees and elected officers against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, whether at trial or appellate levels or otherwise, arising out of the acts or omissions of the LOCAL GOVERNMENT. Such liability is subject to the provisions of law, including the limits included in Section 768.28,Florida Statutes,which sets forth the partial waiver of sovereign immunity to which governmental entities are subject. It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the parties have under Section 768.28 or any other statute. The parties to this Agreement acknowledge the potential of unlawful hacking to gain surreptitious access into confidential systems. The COUNTY has deployed reasonable steps and safeguards as part of a Network security program, but these systems may not be able to defeat every attempt to gain unlawful access to applications or data. Each party is responsible for protecting its own applications, databases, and servers. Each party, however, shall review each other's security procedures and notify each other with reasonable promptness of concerns or issues regarding the same. Section 8 Damage Caused by Disasters Should the COUNTY's IT infrastructure be damaged or destroyed by a natural or man-made event to the extent that the cost to repair or replace these services becomes economically unfeasible,this Agreement is automatically terminated at the sole discretion of the COUNTY, unless the governing bodies of both the LOCAL GOVERNMENT and COUNTY authorize its continuation and associated funding to repair or restore the affected area(s). Section 9 Notice Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand or by certified mail,postage prepaid, and certified return receipt requested to the following addresses or such other addresses as the parties may provide to each other in writing: Page 3 of 9 Page 35 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County ISS Services To: City of Boynton Beach Lori LaVerreire, City Manager 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33425-0310 (Telephone: 561-742-6010) With a copy to: City of Boynton Beach James A. Cherof, City Attorney 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33425-0310 (Telephone: 561-742-6010) To: COUNTY: Verdenia C. Baker, County Administrator c/o Archie Satchell, Information Systems Services CIO Palm Beach County Board of County Commissioners 301 N. Olive Avenue, 8th floor West Palm Beach, FL 33401 (Telephone: 561-355-2823) With a copy to: County Attorney's Office Palm Beach County Board of County Commissioners 301 N. Olive Avenue, Suite 601 West Palm Beach, FL 33401 (Telephone: 561-355-2225) Section 10 Entire Agreement This Agreement sets forth the entire agreement between the parties. There are no promises or understandings other than those stated herein. Section 11 Choice of Law and Venue This Agreement shall be governed by the laws of the State of Florida. Unless otherwise agreed to in writing by the parties, any and all legal action necessary to enforce the Agreement shall be held in a court of competent jurisdiction located in Palm Beach County, Florida. Page 4 of 9 Page 36 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County ISS Services Section 12 Binding Agreement This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. Section 13 Subiect to Funding Each parry's performance and obligations for subsequent fiscal years are contingent upon annual appropriations for its purpose. Section 14 Nondiscrimination Both parties warrant and represent that all of its employees are treated equally during employment without regard to race, color,religion, disability, sex, age,national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information. The parties further warrant and agree that no person shall be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out in the performance of this Agreement. Section 15 Audits and Public Records LOCAL GOVERNMENT acknowledges that its records relating to this Agreement are public records for the purposes of Chapter 119, F.S., and that it will comply and maintain such records in accordance with Florida's public records laws. LOCAL GOVERNMENT shall maintain records, documents and other evidence to sufficiently establish its performance under this Agreement. Such records shall be maintained in Palm Beach County for at least three (3) years after the termination of this Agreement. If any inquiry, investigation, audit or litigation is underway at any time during the three (3) year period, LOCAL GOVERNMENT shall continue to maintain and preserve the records until the resolution of the inquiry, investigation, audit or litigation. The COUNTY has the right, upon reasonable request and during normal business hours, to inspect, examine or copy said records. Page 5 of 9 Page 37 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County ISS Services Section 16 Inspector General Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 —2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed COUNTY contracts/agreements, transactions, accounts and records, to require the production of such records, and to audit, investigate, monitor, and inspect the activities of the LOCAL GOVERNMENT, its officers, agents, employees, and lobbyists in order to ensure compliance with contract/agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. Section 17 Regulations, Licensing Requirements The LOCAL GOVERNMENT shall comply with all laws, ordinances and regulations applicable to the services contemplated herein,to include those applicable to conflict of interest and collusion. The LOCAL GOVERNMENT is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. Section 18 No Third Party Beneficiary No provision of this Agreement is intended to, or shall be construed to create any third parry beneficiary or to provide any rights to any person or entity not a parry to this Agreement, including but not limited to any citizen or recipient, or official, employee, or volunteer of either parry. Section 19 No Agency Nothing contained herein is intended to nor shall create an agency relationship between the COUNTY and LOCAL GOVERNMENT. Page 6 of 9 Page 38 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County ISS Services Section 20 No Assignability Neither this Agreement nor any obligation hereunder shall be assigned, subcontracted, transferred or otherwise encumbered by LOCAL GOVERNMENT, without the prior written consent of the COUNTY. Section 21 Amendments None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Section 22 Waiver If the COUNTY shall waive any provisions of the Agreement or fail to enforce any of the conditions or provisions of this Agreement, such waiver shall not be deemed a continuing waiver and shall never be construed as such; and the COUNTY shall thereafter have the right to insist upon the enforcement of such conditions or provisions. Section 24 Continuing Obligations Duties or obligations that are of a continuing nature extending beyond the Agreement's expiration or termination, including but not limited to those set forth in Section 7, shall survive the Agreement's termination or expiration. Section 25 Joint Preparation The preparation of this Agreement has been a j oint effort of the parties, and the resulting document shall not be construed more severely against one of the parties than the other. Page 7 of 9 Page 39 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County ISS Services Section 26 Severability If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ---------------------------------- Balance of page left intentionally blank --------------------------------- Page 8 of 9 Page 40 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County ISS Services IN WITNESS WHEREOF, the COUNTY and LOCAL GOVERNMENT have each caused this Agreement to be executed by its duly authorized official as of the date first set forth above. ATTEST: Palm Beach County, By Its Sharon R. Bock, Clerk & Comptroller Board of County Commissioners By: By: Deputy Clerk Mayor (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: By: County Attorney Archie Satchell, CIO, ISS City of Boynton Beach By: By: Crystal Gibson, City Clerk Steven B. Grant, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: James A. Cherof, City Attorney Page 9 of 9 Page 41 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services Exhibit A The purpose of this Exhibit is to delineate the network services to be provided to the LOCAL GOVERNMENT by the COUNTY to identify the roles and responsibilities of the COUNTY and the LOCAL GOVERNMENT in this regard,to establish a problem resolution and issue escalation procedure, and to specify associated costs and payment requirements. These network services originally commenced on January 12, 2010. Section A: General Requirements for Network Services Network services must be approved by both the COUNTY and the LOCAL GOVERNMENT if said connection affects the entire network. However, all network services must meet the agreed- upon technical specifications. The COUNTY shall provide the LOCAL GOVERNMENT with access to the COUNTY's network on a best-effort basis and as otherwise provided for herein. Section B: Responsibilities for Network Management The COUNTY shall be responsible for the routine, day-to-day management of the COUNTY network. Each party shall be responsible for day-to-day administration of the network routers which they individually own. The COUNTY shall be responsible for maintaining the primary network and all auxiliary components of the network which exclusively serve COUNTY facilities. The COUNTY shall also maintain auxiliary portions of the network which service both COUNTY and LOCAL GOVERNMENT owned facilities. The LOCAL GOVERNMENT shall maintain that portion of its own network which exclusively serves its facilities. The COUNTY shall monitor bandwidth utilization on any network link between the COUNTY and the LOCAL GOVERNMENT. Page 1 of io Page 42 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services Should the COUNTY perform repair and maintenance functions on behalf of the LOCAL GOVERNMENT, it is with the understanding that the COUNTY's responsibility extends only to the LOCAL GOVERNMENT "demarcation point." The demarcation point is the location which defines where issues of maintenance responsibilities begin and end, considered to be COUNTY- owned network equipment inside each of the LOCAL GOVERNMENT's buildings or facilities connected to the COUNTY network. The COUNTY will be responsible for maintaining all network infrastructures to the point of the network equipment connection to the LOCAL GOVERNMENT demarcation point(s). Entrance facilities at LOCAL GOVERNMENT owned locations from the road to demarcation point belong to the LOCAL GOVERNMENT,whereas the fiber within may belong to the COUNTY. Maintenance and restoration work provided by the COUNTY shall be limited to the fiber optic cable and service drops, the individual fibers within the cable and service drops, all 802.16 radio equipment, and the COUNTY routers installed at the LOCAL GOVERNMENT. The COUNTY shall have no obligation or right to perform maintenance or restoration on any electronics or other equipment owned by the LOCAL GOVERNMENT or any third party. Notwithstanding the foregoing, should the need arise for maintenance or restoration,the parties hereto may agree to an amendment to this Agreement permitting the COUNTY to perform maintenance or restoration on LOCAL GOVERNMENT owned electronics or other equipment. The COUNTY shall provide maintenance to COUNTY owned and operated equipment on a 7- day/24-hour basis and may contract for repair services when deemed necessary. The COUNTY shall abide by agreed upon security requirements of the LOCAL GOVERNMENT. In the event that an outside contractor is needed, the COUNTY shall select, supervise, and coordinate with the contractor to complete the repair. Section C: Network Equipment Ownership The COUNTY, as represented by the COUNTY, shall own all of its network equipment and assets. The LOCAL GOVERNMENT shall continue to maintain ownership of its current network assets. Only the COUNTY is permitted to connect, expand, or otherwise routinely modify its network components. Furthermore, any and all technological changes relative to the network will be implemented at the discretion of the COUNTY. Notwithstanding the foregoing, the COUNTY agrees to use its best efforts to keep pace with technological changes. Page 2 of io Page 43 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services Should the LOCAL GOVERNMENT receive grant funds to assist with the construction or maintenance of the network, any provisions, limitations, or restrictions associated with the grant(s) shall not affect or apply to the COUNTY. Section D: Network Connection The LOCAL GOVERNMENT will be provided with a connection to the COUNTY fiber network to meet the network service requirements as specified in this Exhibit. The LOCAL GOVERNMENT shall pay the installation charges and monthly charges as set forth in this Exhibit. Section E: Modifications to Network If the LOCAL GOVERNMENT proposes a modification or connection of a new building to the network, it shall notify and submit any applicable construction documents to the COUNTY at least thirty(30)calendar days prior to the date construction activities are expected to commence. Should the planned activities of the LOCAL GOVERNMENT require the network to be upgraded, the LOCAL GOVERNMENT shall be solely responsible for payment of all costs associated with such modifications, unless there is prior agreement with the COUNTY to participate in a cost-sharing arrangement for the modification. The COUNTY shall review the modification proposals as soon as practicable and will render recommendations with regard to the proposed modification. Any modifications or connections to the network that may cause disruption or interference of service to any network users shall be coordinated with the appropriate technical staff of both the LOCAL GOVERNMENT and the COUNTY. The COUNTY agrees to perform such work at a time and in a manner to minimize disruption and interference to the network users. When either the LOCAL GOVERNMENT or the COUNTY enters into a contract with an outside contractor for network-related services which benefit only that party, the contracting party shall be individually responsible for remitting payment to the contractor performing work on the network, and the non-contracting party shall not be responsible or held liable for such payment. However,proposed changes to the network must be communicated in writing to the COUNTY for review and approval. The parties however agree to comply with network security provisions. Page 3 of io Page 44 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services Section F: Network Interferences The COUNTY shall have no requirement to purchase, install, operate, or maintain any equipment on the premises of the LOCAL GOVERNMENT. However, should any equipment owned by the LOCAL GOVERNMENT render any harmful interference to the COUNTY's network equipment, the COUNTY may disconnect any or all LOCAL GOVERNMENT owned network connections after informing the LOCAL GOVERNMENT's designated technical Point of Contact (POC) of the underlying reasons for the planned action to disconnect network facilities. Immediate efforts will focus on attempting to resolve or remove the threat conditions. The COUNTY shall be the sole party to determine if harmful interference has impacted the COUNTY network. The COUNTY will utilize its best efforts to prevent any unanticipated network outages should interferences be noted. Section G: Damage Caused by Disasters Should the network sustain damage to an Auxiliary Route used only by either the LOCAL GOVERNMENT or the COUNTY, the owning party shall determine if the cable will be repaired or replaced. Section H: Network Security The parties to this Exhibit acknowledge the potential of unlawful hacking to gain surreptitious access into confidential systems. The COUNTY has implemented reasonable steps and safeguards as part of a network security program, but these systems may not be able to defeat every attempt to gain unlawful access to applications or data. Each party is responsible for protecting its own applications, databases, and servers. Each party, however, shall review each other's security procedures and notify each other with reasonable promptness of concerns or issues regarding the same. Section L• Description of Services A. Baseline services from the COUNTY through the COUNTY will include: 1. ongoing maintenance of connectivity to the demarcation point(s); 2. central network security at the COUNTY router port that feeds the LOCAL GOVERNMENT network router connection; Page 4 of io Page 45 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services If necessary, security may shut down the LOCAL GOVERNMENT's entire building feed to protect the networked systems from computer worms and viruses. 3. network design; 4. acquisition and management of network assets; 5. installation or relocation of network connections, wiring upgrades, installation of bandwidth upgrades, or other specialized services; 6. network equipment installation and maintenance; 7. network security on COUNTY side of the demarcation point; 8. monitoring of network performance; 9. trouble reporting and tracking; io. maintenance of the environmental factors in the COUNTY's facilities and closets housing equipment crucial to the health and stability of the Network, including air conditioning,power conditioning, and UPS equipment; and ii. disaster recovery protection, system reliability, and stability during power outages. B. LOCAL GOVERNMENT Responsibilities will include: 1. all intra-building Network maintenance and security ; 2. ensuring that back-door connectivity behind the building router is prohibited; 3. provisioning of its Dynamic Host Configuration Protocol (DHCP) services; 4. building infrastructure connectivity; 5. all grid (jack), wiring identification, and tracking for LOCAL GOVERNMENT owned facilities; 6. providing, where possible, network engineers or technicians to assist with all portions of network equipment attachments, from provisioning to troubleshooting; Initial diagnostic actions will ideally be performed by the LOCAL GOVERNMENT technical staff to evaluate whether the cause of any system problem is associated with factors under the control of the LOCAL GOVERNMENT. 7. ensuring that network security hardware and software is installed in order to minimize the risk of a virus and surreptitious or otherwise inappropriate network entry; Page 5 of io Page 46 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services The LOCAL GOVERNMENT will ensure that security procedures, hardware, and software are in place to prevent unauthorized access to the COUNTY network from LOCAL GOVERNMENT owned network property. 8. requesting changes in network equipment attachments services; Requests for changes shall be submitted to ISS CIO, or designee, for action. The LOCAL GOVERNMENT shall be advised of the disposition of the request within thirty (30) calendar days of submission. Such request shall include extension of network services to additional sites identified by the LOCAL GOVERNMENT. The LOCAL GOVERNMENT shall be responsible for all reasonable costs associated with requested changes to network services approved by the COUNTY, which approval shall not be unreasonably withheld. 9. providing, at its expense, the following equipment and facilities at each LOCAL GOVERNMENT owned building (if required): ❑ an environmentally stable and secure area large enough to accommodate a 19"-wide rack with a height up to 7 feet; and This area shall contain two (2) dedicated electrical circuits for providing power to the switching equipment. ❑ air conditioning units which deliver a capacity of BTUs to the equipment room as specified by the manufacturer of equipment installed at the LOCAL GOVERNMENT's site. The LOCAL GOVERNMENT shall periodically monitor the air conditioning units to ensure temperatures are within acceptable limits. io. adhering to a documented plan of security strategies deployed to prevent unauthorized access into the physical location(s) where network access could be gained, and ensuring that it has robust and efficient security software and procedures in place to prevent unauthorized access to the network; and ii. promptly paying for the COUNTY's charges, such charges being set out in Section N of this Exhibit, which charges will be invoiced quarterly. Page 6 of io Page 47 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services Section J: Availability of COUNTY Network Services The COUNTY will provide the LOCAL GOVERNMENT with access to the COUNTY network on a best-effort basis. The COUNTY's goal will be to provide 99.9% availability. The COUNTY reserves the right to prioritize its maintenance and recovery efforts, while at the same time providing availability to the LOCAL GOVERNMENT. In the event that Network availability is documented by the COUNTY and declared by the LOCAL GOVERNMENT to be less than 99.9% for two (2) consecutive months, the LOCAL GOVERNMENT shall not be liable for service charges beyond the date of said declaration of non- performance until service is satisfactorily restored. The reduction of previously paid or dismissal of unpaid service fees will be calculated on a pro-rata basis. Section K: Protocol for Reporting Network Service Problems All service issues should first be reported to the LOCAL GOVERNMENT's IT support staff. If the LOCAL GOVERNMENT's initial diagnosis of the reported problem indicates that it is related to network connectivity (e.g., connection lost, slow response time) rather than a problem at the application, server, or desktop computer level, the IT technician should immediately report the service problem to the County Network Operations Center at 561-355-HELP (4357). All service problems reported by the LOCAL GOVERNMENT will be recorded and tracked in the COUNTY's Automated Help Desk System until problem resolution and service restoration. Response time service levels are established at the time the call is reported based on the severity of the issue. The service level target for problem diagnosis and response to the LOCAL GOVERNMENT is within one (1)hour of the reported problem. The COUNTY also employs an escalation process for problems which are not resolved according to the established standards. Section L: Access for Network Service and Maintenance The COUNTY shall coordinate with and obtain prior written approval from the LOCAL GOVERNMENT designee as to the time of any planned maintenance,repair, or installation work. However, the LOCAL GOVERNMENT shall provide the COUNTY with access to its equipment on a 24-hour/7-day per week basis. During normal business hours,the COUNTY shall ensure that all the COUNTY personnel or contractors representing the COUNTY sign in prior to commencing any work, and sign out prior to leaving the facility. On weekends, holidays, or after normal Page 7 of io Page 48 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services business hours, the COUNTY's representative shall call the LOCAL GOVERNMENT to report any emergency that requires access to any LOCAL GOVERNMENT owned facility. The LOCAL GOVERNMENT shall make reasonable efforts to arrange for access of the COUNTY's personnel as quickly as possible. The COUNTY shall supply the LOCAL GOVERNMENT with a list of authorized COUNTY employees who will carry in their possession badges for identification purposes. The COUNTY represents that it has verified that neither the COUNTY nor the COUNTY's contractors, nor any of their respective employees, agents, or representatives who have been convicted or who are currently under investigation for a crime delineated in Florida Statutes §435.04 shall have access to LOCAL GOVERNMENT owned buildings under the Agreement. Section M: Issue Escalation Contacts Palm Beach County ISS Palm Beach County 24x7 Network Services Help Desk: 561-355-HELP (4357) Jenise Link, Senior Manager 561-355-6119 (office) 772-766-1309 (cell) 'l� ink(j�pbc ,off v org Michael Butler, Director of ISS Network Services 561-355-4601 (office) 561-722-0850 (cell) mbutlergpbcgov.org Archie Satchell, Chief Information Officer of ISS 561-355-3275 (office) 772-979-6607 (cell) asatchell rbc ,off vorg LOCAL GOVERNMENT Information Services Charles Stevens, Jr., IT Network Manager 561-742-6079 (office) 561-644-4214 (cell) stevensc _.bbfl.us Page 8 of io Page 49 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services Section N: Fees and Charles for Network Connectivity and Related Services The COUNTY will serve as project manager and incur all costs associated with the installation and connection of the network and network equipment at the LOCAL GOVERNMENT's building. The LOCAL GOVERNMENT will be responsible for reimbursement to the COUNTY of said costs, as listed and described in the Table below under"Installation Charges". Service charges, as listed and described in the Table below, will be assessed on a monthly basis, and the COUNTY will invoice the LOCAL GOVERNMENT quarterly. LOCAL GOVERNMENT Network Service and Billing Matrix Monthly Monthly FL Yearly Service Band- Installation County LambdaRail Charges Location Start Date width Charges Charges Charges (excl.Install) loo East Boynton Beach Boulevard, 1/12/2010 100 Mb $0 $300 $50 $4,200 Boynton Beach,FL 33425-0310 Network Hand-off 2/1/2020 $250 $25 $0 $300 TOTALS $250 $325 $50 $4500 Explanation of Charges: Installation Charges—This is a one-time fee for setup and installation. Monthly COUNTY Charges—The monthly charge paid by the LOCAL GOVERNMENT based on the COUNTY Rate Sheet for Network Services. Monthly Florida LambdaRail(FLR,)Charges—FLR charges the COUNTY this fee to connect the LOCAL GOVERNMENT to the FLR via PBCnet. This fee is set by the agreement between the COUNTY and the FLR and is subject to change. This fee is a direct pass through cost to the LOCAL GOVERNMENT(see Sub-section Ni. -Cost Components below). Yearly Charges—The total annual recurring charges,excluding installation charges,paid by the LOCAL GOVERNMENT. The COUNTY has received approvals from the FLR for the LOCAL GOVERNMENT to be connected to the COUNTY fiber network and gain access to the FLR for either internet or transport purposes. Page 9 of 10 Page 50 of 715 Agreement with Palm Beach County and City of Boynton Beach Re: Palm Beach County Network Services N1. Cost Components The monthly FLR fee identified above includes direct costs incurred by the COUNTY to connect to the FLR. In the event the Board of Directors of the FLR implement a pricing change and the County receives notice of that change, the COUNTY agrees to review the financial impact and make appropriate rate adjustments. N2. Billing and Payment The COUNTY shall submit quarterly invoices to the LOCAL GOVERNMENT which shall include a reference to this Agreement and identify the amount due and payable to the COUNTY. Section O: Additional IT Services Upon request for assistance, the ISS CIO may, at the CIO's discretion, permit staff resources to assist the LOCAL GOVERNMENT in the execution of certain information technology responsibilities. These additional services can be requested by submitting a Task Order(Appendix 1). These services will be charged at the rate of$125/hour with a not-to-exceed cost of$50,000 per Task Order. These services may also require the purchase of additional resources, including but not limited to hardware and software. The LOCAL GOVERNMENT is responsible for all associated costs for these additional resources. An estimate for each Task Order will be available upon request by the LOCAL GOVERNMENT. The LOCAL GOVERNMENT agrees to fully reimburse the COUNTY for all costs associated with the rendering of the COUNTY staff assistance and/or information technology resources. If the cost of services exceeds $50,000, the Task Order shall be approved by the Board of County Commissioners. Section P: Annual Review of Fees and Charges The COUNTY reserves the right to review the fees and charges included in this Exhibit on a yearly basis and make appropriate rate adjustments. Should an adjustment be warranted, sixty(60) days notice will be provided. Page io of io Page 51 of 715 Appendix 1 Palm Beach County • Information Systems Services ORIL Task Order < $50,000 Task Order#: Original Agreement#: Organization requesting services: City of Boynton Beach Type of Service: Location of Service: Contact Name: Contact Phone: Contact eMail: Requested Date for Completion: Description of Service/Deliverables +/- Estimated Amount: ISS Project Manager/Director: Date: ISS Fiscal Manager:_ Date: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS By: Archie Satchell, CIO, ISS APPROVED AS TO FORM CITY OF BOYNTON BEACH AND LEGAL SUFFICIENCY COUNTY ATTORNEY Name/Title 6.C. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Approve request to release Unity of Title for 2848 SE 1st Court (08-43-45-33-11-000-0230), also known as Lots 23 and 24 Dewey Heights. Applicant: Theodore C. Hoskinson. EXPLANATION OF REQUEST: Mr. Theodore C. Hoskinson is requesting a release of the recorded Unity of Title for Lots 23 and 24 Dewey Heights in order to be able to sell the property. Mr. Hoskins already applied to staff and received approval for a Lot Line Modification to revert the lots from a single Parcel Control Number (PCN) to a separate PCN for Lot 23 and Lot 24. When Mr. Hoskinson approached the Palm Beach County Tax Collector and Property Appraiser office to apply for separate PCNs for each lot, he was informed that the City would need to release the Unity of Title over the two parcels. The City Commission has the authority to grant the release, and Staff recommends the City Commission release the Unity of Title for the two parcels. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 53 of 715 ATTACHMENTS: Type Description D Location Map Exhibit A® Location Map D Letter Letter of Request D Exhibit Recorded Unity of Title Page 54 of 715 EXHIBIT "A" LOCATION MAP �E L I - SITE nth-Ct- O7. 0 8095 0.019 1.0285 0.038 Mil s Page 55 of 715 November 21,2019 Dear K8rBreese: This|seformal request for release unity oftitle. I own the property at 2848 SE Ist court in Boynton Beach.The property control number for this property is 08-43-45-33-11-000-0230. We have already applied for and received our lot line modification and we have been told that this is our next step. Warm regards, ' Theodore CHmskinaon Theodore CHoskinsonRevocable Trust Page 56Of715 CFM 20050114755 OR AK 18190 PG 0856 Prepared by and return to: RECORDED 02/28/2005 16:21:84 Palm Beach County, Florida Kevin M. LaMontagne, Esquire Sharon R. Bock,CLERK L COMPTROLLER 125 East Boynton Beach Blvd. Pg 0856; (ipg) Boynton Beach, Florida 33435 lut UNITY OF TITLE MEN BY THESE PRESENTS, that pursuant to the Land Development Regulatide of Ordinances of the City of Boynton Beach, Florida, pertaining to the issuancerpits and regulating building construction activities, the undersigned, being the fee owner oollowing described real property situated in the City of Boynton Beach, County of Palm `gggggg��aa' nd State of Florida, to wit: Lot 23, Dewey H hts, according to the plat thereof on file in the Office of the Clerk of the ourt in and for Palm Beach County, Florida, as recorded in Plat Book 2 e 193 Lot 24, Dewey Hccording to the plat thereof on file in the Office of the Clerk of the Circuit in and for Palm Beach County, Florida, as recorded in Plat Book 24, Pa 193 does hereby make the following ion of conditions,limitations and restrictions on said lands, hereinafter to be known and referre o as a Unity of Title, as to the following particulars: 1. That the aforesaid tract or r ct of land, plot or combination of separate lots, plots, parcels, acreage or portions thereof sja ' after be regarded and is hereby declared to be unified under one title as an indivisibl g site or lot. 2. That the said property shall henc considered as one lot, plot or parcel of land, and that no portion thereof shall be soldn eansferred, conveyedor devised separately, except in its entirety as one lot, plot od. The undersigned further agrees that " o shall constitute covenant to run with the land, as provided by law, and shall be bindingte� undersigned,her heirs, successors and assigns, and all parties claiming under her untilme as the same may be released in writing by the Building Official of the City of BoV with the approval of the City Commission of the City of Boynton Beach under thevelopment Regulations and Code of Ordinances of the City of Boynton Beach, or ise authorized under the laws governing the City of Boynton Beach. The undersigned als9oagrees that this instrument shall be placed of record in the Office of the Clerk of the Circuit CoPalm Beach County, Florida. r�+ Executed this f day of February, 2005,at Boynton Bac� Iodcla. Kevin M.LaMaMontagne,Witness PEGG L PEGGY S. MURO Patricia Steuber,Witness STATE OF FLORIDA COUNTY OF PALM BEACH �41 HEREBY CERTIFY that on this day of February, 2005, before me personally appeared Peggy L. Muro, a/k/a Peggy S. Muro, �1 who is personally known to me or [ ] who produced as identification, and who acknowledged that she executed the foregoing instrument for the purposes stated therein, and who did not take an oath. WITNESS my signature and official seal at Boynton ch in the County and State aforesaid. [SEAL] Patricia Steuber, Notary Public MTRIgA STEUrER My Commission Expires: Mp Cww ev.Mllpb TM womia ztwrl'y Page 57 of 715 Book18190/Page856 Page 1 of 1 6.D. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-164-Authorize the City Manager to sign a Letter of Agreement (LOA) with The Agency for Health Care Administration (ANCA) for the State Fiscal Year 19-20 PEMT MCO Program. EXPLANATION OF REQUEST: This agreement allows the Fire Department to participate in the program. Participation in this program will enable Boynton Beach to receive additional funding for qualifying medical transports. This funding is specific for patients with Medicaid - Managed Care Plans that were transported by Fire Rescue. Background information: • We have participated in the PEMT(Public Emergency Medical Transportation) program for the past three years. • The MCO (Managed Care Option) portion of the program is new this year and requires providers to fund a portion (38.53%) of the entire funding pool, while the State funds the remaining 61.47%. • The total allotment for BBFR of$244,301.87 will require funding of$86,423.51. This funding will result in BBFR receiving $137K in new funding. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By entering this agreement, the City will be able to receive the additional funding. FISCAL IMPACT: Non-budgeted Participation in the program is estimated to provide an additional $137,000.00 this year. ALTERNATIVES: Not sign LOA and be removed from participation of the program. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: Continue to provide the highest level of response and emergency care for the community. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 58 of 715 ATTACHMENTS: Type Description D Resolution Resolution approving Letter of Agreement with AHCA Agreement Letter of Agreement Y1 -2 Attachment SIFY 19-20 Total Allotment Breakdown Addendum Completed Intergovernmental Transfer Questionnaire Page 59 of 715 1 RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A LETTER OF AGREEMENT WITH THE 7 AGENCY FOR HEALTH CARE ADMINISTRATION FOR THE 8 STATE FISCAL YEAR 2019-20 FOR THE PUBLIC EMERGENCY 9 MEDICAL TRANSPORTATION (PEMT) MANAGED CARE 10 OPTION (MCO) PROGRAM; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, the Boynton Beach Fire Rescue has participated in the PEMT program 15 for the past three (3)years; and 16 WHEREAS, the Managed Care Option portion of the program is new this year and 17 requires providers to fund a portion (38.53%) of the entire funding pool while the State funds 18 the remainder; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve 21 and authorize the City Manager to sign a Letter of Agreement with The Agency for Health 22 Care Administration (AHCA) to participate in the PEMT MCO Program for the State Fiscal 23 Year 2019-20. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves and authorizes the City 30 Manager to sign a Letter of Agreement with The Agency for Health Care Administration 31 (AHCA)to participate in the PEMT MCO Program for the State Fiscal Year 2019-20, a copy S:\CA\RESO\Agreements\LOA with AHCA FY 19-20-Reso.docx Page 60 of 715 32 of the Letter of Agreement is attached hereto as Exhibit"A." 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of December, 2019. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Justin Katz 41 42 Commissioner—Mack McCray 43 44 Commissioner—Christina L. Romelus 45 46 Commissioner—Ty Penserga 47 48 ATTEST: VOTE 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 56 (Corporate Seal) S:\CA\RESO\Agreements\LOA with AHCA FY 19-20-Reso.docx Page 61 of 715 Public Emergency Medical Transportation Letter of Agreement THIS LETTER OF AGREEMENT(LOA) is made and entered into in duplicate on the day of 2019, by and between Boynton Beach on behalf of Boynton Beach Fire Rescue, and the State of Florida, Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (1GTs)" means transfers of funds from a non-Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§. 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Public Emergency Medical Transportation (PEMT)," pursuant to the General Appropriation Act, Laws of Florida 2019-115, is the program that provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT)entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. PROVISIONSA. GENERAL 1. Per Senate Bill 2500, the General Appropriations Act of State Fiscal Year 2019-2020, passed by the 2019 Florida Legislature, Boynton Beach and the Agency agree that Boynton Beach will remit IGT funds to the Agency in an amount not to exceed the total of $86,423.51. Boynton Beach and the Agency have agreed that these IGT funds will only be used for the PEMT program. 2. Boynton Beach will return the signed LOA to the Agency. 3. Boynton Beacn will pay IGT funds to the Agency in an amount not to exceed the total of $86,423.51. Boynton Beach will transfer payments to the Agency in the following manner: . Per Florida Statute 409.908, annual payments for the months of July 2019 thru June 2020 are due to the Agency no later than October 31,2019 unless an alternative plan is specifically approved by the agency. b. The Agency will bill Boynton Beach when payment is due. 4. Boynton Beach and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. Boynton Beach agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in accordance Boynton Beach_Boynton Beach Fire Rescue-PEMT LOA_SFY 2019-20 Page 62 of 715 with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. H. Boynton Beach agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. Boynton Beach agrees to comply with public record laws as outlined in section 119.070 1, Florida Statutes. b. RETENTION OF RECORDS i. The Boynton Beach agrees to retain all tinancal records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. Boynton Beach agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the Boynton Beach which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS i. The Boynton Boach agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. The Boynton Beach and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. Boynton Beach confirms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re- direct any portion of these aforementioned supplemental payments in order to satisfy non- Medicaid, non-uninsured, and non-underinsured activities. Boynton Beach_Boynton Beach Fire Rescue_PEMT LOA_SFY 2019-20 Page 63 of 715 7 Boynton Beach agrees the following provision shall be included in any agreements between Boynton Beach and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2019 through June 30, 2020 and shall be terminated June 30, 2020. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. PEMT Local Intergovernmental Transfers r4��rm I Amount State Fiscal Year 2019-2020 Minimurn Fee Schedule/MCOTs $86,423.51 Total Funding . 1 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. Boynton Beach STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED I : NAME: TITLE: TITLE: DATE: : Boynton Beach—Boynton Beach Fire Rescue_PEMT LOA_SFY 2019-20 Page 64 of 715 Provider Total Allotment Total IGTs Needed Net New Federal Funding Alachua County Fire Rescue $ 1,422,752.01 $ 548,186.35 $ 874,565.66 Bay County EMS $ 718,874.47 $ 276,982.33 $ 441,892.14 Boynton Beach Fire Rescue $ 224,301.87 $ 86,423.51 $ 137,878.36 Brevard County Fire Rescue $ 1,529,686.62 $ 589,388.26 $ 940,298.37 Broward Sheriffs Fire Rescue $ 1,078,474.71 $ 415,536.31 $ 662,938.41 Charlotte County Fire&EMS $ 389,920.12 $ 150,236.22 $ 239,683.90 City of Hialeah Fire Department $ 401,982.87 $ 154,884.00 $ 247,098.87 City of Jacksonville-Fire Division Rescue Services $ 4,325,961.60 $ 1,666,793.00 $ 2,659,168.59 City of Key West Fire Department $ 52,815.27 $ 20,349.72 $ 32,465.54 City of Lauderhill Fire Rescue Department $ 448,277.73 $ 172,721.41 $ 275,556.32 City of Miami Fire-Rescue Department $ 2,334,304.40 $ 899,407.48 $ 1,434,896.91 City of Pembroke Pines Fire Rescue Department $ 264,728.38 $ 101,999.84 $ 162,728.53 City of Plantation $ 161,379.98 $ 62,179.71 $ 99,200.28 City of Sanford $ 279,073.26 $ 107,526.93 $ 171,546.33 City of St.Cloud Fire Rescue $ 113,129.00 $ 43,588.60 $ 69,540.40 City of Stuart Fire Rescue $ 67,486.17 $ 26,002.42 $ 41,483.75 City of Sunrise Fire Rescue $ 287,875.81 $ 110,918.55 $ 176,957.26 City of Tamarac Fire Department $ 120,627.46 $ 46,477.76 $ 74,149.70 Collier County EMS $ 620,090.36 $ 238,920.81 $ 381,169.54 Coral Springs Fire Department $ 246,797.27 $ 95,090.99 $ 151,706.28 County ofVolusia $ 1,893,199.11 $ 729,449.62 $ 1,163,749.49 Flagler County Fire Rescue Department $ 139,210.61 $ 53,637.85 $ 85,572.76 Fort Lauderdale Fire Rescue $ 1,176,932.80 $ 453,472.21 $ 723,460.59 Fort Myers Beach Fire Department $ 25,429.57 $ 9,798.01 $ 15,631.56 Hallandale Beach Fire Rescue $ 164,966.20 $ 63,561.48 $ 101,404.73 Hamilton County EMS $ 117,693.28 $ 45,347.22 $ 72,346.06 Hernando County Fire Rescue $ 694,748.98 $ 267,686.78 $ 427,062.20 Highlands County EMS $ 376,553.29 $ 145,085.98 $ 231,467.31 Hillsborough County Fire Rescue $ 1,905,913.90 $ 734,348.62 $ 1,171,565.27 Hollywood Fire Rescue&Beach Safety Department $ 518,372.07 $ 199,728.76 $ 318,643.31 Indian River County ALS $ 379,813.49 $ 146,342.14 $ 233,471.36 Kissimmee Fire Department $ 438,823.14 $ 169,078.56 $ 269,744.59 Lake Emergency Medical Services $ 1,167,478.22 $ 449,829.36 $ 717,648.86 Lake Mary Fire Department $ 40,100.48 $ 15,450.72 $ 24,649.77 Lee County EMS $ 1,581,523.83 $ 609,361.13 $ 972,162.70 Lehigh Acres Fire Control and Rescue District $ 376,227.27 $ 144,960.37 $ 231,266.90 Leon County EMS $ 1,570,113.12 $ 604,964.59 $ 965,148.54 Maitland Fire Rescue Department $ 34,884.16 $ 13,440.87 $ 21,443.29 Manatee County EMS $ 839,827.95 $ 323,585.71 $ 516,242.24 Martin County Fire Rescue $ 252,013.59 $ 97,100.84 $ 154,912.75 Miami Beach Fire Department $ 139,862.65 $ 53,889.08 $ 85,973.57 Miami-Dade Fire Rescue $ 3,273,242.48 $ 1,261,180.33 $ 2,012,062.15 North Lauderdale Fire Rescue $ 147,687.14 $ 56,903.85 $ 90,783.28 North Port Fire Rescue $ 123,887.66 $ 47,733.92 $ 76,153.75 Oakland Park Fire Rescue $ 238,972.78 $ 92,076.21 $ 146,896.57 Okaloosa County EMS $ 624,980.66 $ 240,805.05 $ 384,175.61 Okeechobee County Fire Rescue $ 186,809.56 $ 71,977.72 $ 114,831.83 Orange County Fire Rescue $ 3,124,577.28 $ 1,203,899.63 $ 1,920,677.65 Orlando Fire Department $ 939,264.10 $ 361,898.46 $ 577,365.64 Osceola County Fire Department $ 540,541.44 $ 208,270.62 $ 332,270.82 Palm Beach County Fire Rescue $ 1,835,819.56 $ 707,341.28 $ 1,128,478.28 Palm Beach Gardens Fire Rescue $ 106,608.59 $ 41,076.29 $ 65,532.30 Pasco County Board of County Commissioners-Fire Rescue $ 1,603,367.18 $ 617,777.37 $ 985,589.81 Pinellas County EMS Authority DBA Sunstar $ 4,617,749.65 $ 1,779,218.94 $ 2,838,530.71 Plant City Fire Rescue $ 127,473.89 $ 49,115.69 $ 78,358.20 Polk County Fire Rescue $ 2,878,432.05 $ 1,109,059.87 $ 1,769,372.18 Pompano Beach Fire Rescue $ 725,068.85 $ 279,369.03 $ 445,699.82 Riviera Beach Fire Department $ 320,151.80 $ 123,354.49 $ 196,797.31 Seminole County Fire Department $ 595,312.82 $ 229,374.03 $ 365,938.79 St. Lucie County Fire District $ 1,330,814.32 $ 512,762.76 $ 818,051.56 Tampa Fire Department $ 1,658,138.57 $ 638,880.79 $ 1,019,257.78 Temple Terrace Fire Department $ 85,743.30 $ 33,036.89 $ 52,706.41 Town of Davie Fire Rescue $ 218,433.51 $ 84,162.43 $ 134,271.08 West Palm Beach Fire Department $ 491,312.39 $ 189,302.66 $ 302,009.73 Winter Park Fire-Rescue $ 70,094.34 $ 27,007.35 $ 43,086.99 $ 54,786,711.00 $ 21,109,319.75 $ 33,677,391.25 1 of 1 Page 65 of 715 4oQ��P N CARFgQ� RON DESANTIS A GOVERNOR z D o MARY C. MAYHEW SECRETARY sTgTE OF FLOC\�� Intergovernmental Transfers Questionnaire 1. What type of governmental entity is your organization considered? If other, please explain. (county, city, hospital taxing district, or other) We are a City - Municipal Fire Rescue Department 2. Does your organization have a relationship with the provider for which you contribute IGTs as named in the preamble of the enclosed Letter of Agreement (LOA)? a. If so, please describe your relationship. Yes, we are the provider. We are the Fire Rescue department of the City of Boynton Beach. b. Does your organization have a relationship with another provider eligible for LIP, DSH, or GME funding? If so, please describe your relationship. No 3. Please describe the source of the IGT funding for your organization. Revenue account of emergency medical services. Funded through reimbursement of medical claims by health insurance payers and treated patients. 4. Are the IGTs funds generated from taxes? If yes, please answer the following questions: a. Are they generated by "health care related taxes" as specified in 42 CFR §433.68? If yes, please explain. No b. Are they generated by a state or local tax? No TSE S 2727 Mahan Drive • Mail Stop #23 Facebook.com/AHCAFIorida Tallahassee, FL 32308 S Youtube.com/AHCAFIorida AHCA.MyFlorida.com Twitter.com/AHCA_FL ��°° Page 66 of 715 c. What is the tax structure? No d. What entities are taxed? No e. What is the amount or percent of the tax? No f. Is the tax uniform across all entities being taxed? No g. Is the tax broad based? A broad based tax can be defined as a tax that is imposed on at least all health care items or services in the class or providers of such items or services furnished by all non-Federal, non-public providers in the State, and is imposed uniformly, pursuant to 42 CFR § 433.68. No 5. If any of the IGT funds are not generated from taxes, please provide the funding source of the IGTs. a. Are any of the IGT funds related to "provider-related donations" as defined in 42 CFR § 433.52? No b. How much of the amount of pledged IGTs is generated from a health care system? N/A Page 67 of 715 i) Please provide the details of the agreement including the amount between the IGT provider and the health care system. N/A 6. Does any portion of the pledged IGTs constitute as a "bona fide donation" pursuant to 42 CFR § 433.54? a. If any portion of the IGTs are generated from taxes, are they considered a "public fund" as delineated in 42 CFR §433.51? N/A i) If yes, are any of the "public funds" federal funds? If so, please specify. N/A 7. Does your entity have an agreement with one or more providers to guarantee a portion of the Medicaid supplemental funding? No. The City of Boynton Beach Fire Rescue is the sole provider and will be keeping the entire supplemental funding. I certify that the statements and information contained in this submittal are true, accurate, and complete. Signature of Officer or Administrator Title Date Page 68 of 715 6.E. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Approve emergency purchase orders that were issued for a total expenditure of$94,701.33 for the purchase of a replacement electrical power transformer and associated equipment at the City's West Water Treatment Plant. EXPLANATION OF REQUEST: A key electrical transformer that supplies power to the west water treatment plant's water distribution pumps and ancillary equipment failed due to water intrusion. This failure has limited the capacity of the plant to produce and distribute water to customers. City purchasing staff issued an emergency purchase order (#200357) for a replacement transformer on October 17, 2019. Two additional purchase orders were issued on November 27, 2019 for the installation of the transformer (#200562) and for replacement of associated, dilapidated, electrical components (#200563). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Staff is working with FPL and the contractor to perform the installation and the required testing prior to the end of the year. Successful installation and testing will allow Florida Power and Light(FPL) to perform a load test on the plant's emergency power system and allow the City to maintain the FPL curtailment power rate. FISCAL IMPACT: Non-budgeted The utility has sufficient funds for this effort in the capital budget account #403-5000-533.65-02. Project#W T2001. ALTERNATIVES: No viable alternative. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 69 of 715 ATTACHMENTS: Type Description D Purchase Order Purchase orders 10-17-19 D Purchase Order Purchase orders 11-27-19 Page 70 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200357 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/17/19 VENDOR 606 SHIP TO: TO: CITY ELECTRIC SUPPLY COMPANY City of Boynton Beach 400 RECORD ST. WEST WATER ADMIN SUITE 1500 5469 W. BOYNTON BCH BLVD. DALLAS, TX 75202 BOYNTON BEACH, FL 33437 REQUISITION NO. 74880 ORDERING DEPARTMENT: UTIL PWT/M. LOW • `• DATE NEEDED: COMMISSION APPROVED: CONTRACT NO. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 DL ABB 1500/2000 KVA VPI SECONDARY 60533 .3300 60533 .33 UNIT REMARKS: EMERGENCY PURCHASE FOR REPLACEMENT TRANSFORMER A3' THE WEST. WATER TREATMENT PLANT. PRIMARY POWER TO THE HIGH SERVIICE. PUMPS, THE DEGASSIFIER AND CHEMICAL FEED SYSTEMS HAS FAILED. AS A'RESULT THE WEST PLANT HAS BEEN OPERATING AT HALF CAPACITY WITH INSTRUMENT SYSTEMS. RUNNING ON A PORTABLE GENERATOR. EMERGENCY PURCHASE SIGNED BY THE CITY MANAGER WHO HAS SIGNING AUTHORITY UP TO- $200,000 . 00 RECEIVED OCT IS 2019 BMtm EWfth UtiIjU.. PROCUREMENT SERVICES: P.O. TOTAL: 60533 .33 .—..= ACCOUNT NO. PROJECT 403-5000-533.65-02 WT2001 DEPARTMENT Page 71 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #; 200357 BOYNTON BEACH, FLOBOXRIDA 33425-0310 DATE: 10/17/19 VENDOR 606 SHIP TO: TO: CITY ELECTRIC SUPPLY COMPANY City of Boynton Beach 400 RECORD ST. WEST WATER ADMIN SUITE 1500 5469 W. BOYNTON BCH BLVD.. DALLAS, TX 75202 BOYNTON BEACH, FL 33437 REQUISITION NO. 74880 ORDERING DEPARTMENT: UTIL PWT/M. LOW `•� DATE NEEDED: CONTRACT NO. TCOMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1. 00 DL ABB 1500/2000 KVA VPI SECONDARY 60533 ,3300 60533 .33 UNIT REMARKS: EMERGENCY PURCHASE, FOR REPLACEMENT TRANSFORMER AT THE WEST WATER TREATMENT PLANT. PRIMARY POWER TO THE HIGH SERVICE PUMPS, THE DEGASSIFIER AND CHEMICAL FEED SYSTEMS HAS FAILED. AS A RESULT THE WEST PLANT HAS BEEN OPERATING AT HALF CAPACITY WITH INSTRUMENT SYSTEMS RUNNING ON ``A PORTABLE GENERATOR. EMERGENCY PURCHASE SIGNED BY THE CITY MANAGER WHO HAS SIGNING AUTHORITY UP TO $200, 00,0. 00 PROCUREMENT SERVICES: P.O. TOTAL: 60533 .33 ACCOUNT NO. PROJECT 403-5000-533.65 <02 WT2001 RECEIVING Page 72 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. ; 200562 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/27/19 VENDOR 17960 SHIP TO: TO: CE POWER SOLUTIONS OF FLORIDA City of Baynton Beach 3.502 RIGA BLVD, STE. C WEST WATER ADMIN TAMPA, FL 33619 5469 W. BOYNTON BCH BLVD. BOYNTON BEACH, FL 33437 REOUISITION NO, 75228 ORDERING DEPARTMENT: UTIL /MR I DATE NEEDED; CONTRACT NO. COMMISSION APPROVEM c e EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 15295. 00 DL INSTALL CUSTOMER SUPPLIES 1.0000 15295 . 00 TRANSFORMER. Day 1 Mobilize the pn,,:th :<dy the transformer arriye.s PreteS this; transft�a ier and verify>. dimensions;:for f.it- In-0 ex stin4lsstzbstat: ors Dr Sei pp Tray sformer . 7Cx stall new Medium 'Voltage cab".2es from .:pr1MAry 01— W .to to trans 6kmer Cables az d lugs;:;provided by . et� �a�er F- 'lace rubber ;:grommets in fiber bard In?stall e zsting braided Gorznector's Control. wiring f:r m low voltage st;ivhgear ;to tkans:f:ormor: Pct test Iia-al close up Cii:stomer to energize. main breaker while we are onsi.t I} nc'bi, iz:e from .the site ns REMARKS EMERGENCY -VURCHASE FGR WWT.- - `P SVORMER PROPOSAL 48299 .6 *DEPARTMENT'W1LL BRIN0 :THIS PO AND THE OTHER PO FOR EMERGENCY PURCHASE TOTALING $34,186. 00 TO COMMISSION ON THE NEXT AVAILABLE MEETING. * PROCUREMENT SERVICES: )19 P.O. TOTAL: 15295. 00 FLORIDA STATE SALES TAX EXEMP CTIONS 1RENDER SEPARATE INVOICE FOR THIS CERTIFICATE NO. 85-8012621544 -0 OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDER OR FOR EACH SHIPMENT THEREON PACKAGES, TICKETS, INVOICES, STATEMENTS, AND IMMEDIATELY FOLLOWING SHIPMENT. THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. 2PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES: WHERE TAX APPLIES MAIL INVOICES TO: CITY OF BOYNTON BEACH MUST BE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE SUPPORTED BY CARRIER'S RECEIPT. TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST. P.O. BOX 310 BOYNTON BEACH. L 33425 0310 3JNVOICES AND STATEMENTS SUBJECT TO CASH DISCOUNT SPECIFIED HEREON. ORIGINAL Page 73 of 715 CITY GENERAL TERMS AND CONDITIONS Tax Exemption: The City is tax exempt,ID#85-8012621544C-0 public Records(cont.) Acceptance Of Contract: C.Ensure that public records that are exempt or that are confidential and This order is the City's offer to.purchase the goods and/or services exempt from public record disclosure requirements are not disclosed described on the reverse side from the Vendor.The City's placement of this except as authorized by law for the duration of the contract term and, order Is expressly conditioned upon the Vendor's acceptance of all the following completion of the contract,Vendor shall destroy all copies of such terms and conditions of purchase contained on or attached to this confidential and exempt records remaining in its possession once the Purchase Order. Vendor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Vendor shall transfer to the CITY,at Amendments: no cost to the CITY,all public records in Vendor's possession All records No agreement or understanding to modify this contract shall be binding stored electronically by Vendor must be provided to the CITY,upon request upon the City unless in writing and signed by the City's authorized agent. from the CITY's custodian of public records, in a format that is compatible All specifications, drawings, and data submitted to the Vendor with this with the information technology systems of the CITY. order are hereby incorporated and made a part hereof. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO Compliance with Laws: PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, The Vendor certifies that in performing this contract,they will comply with all CONTACT THE CUSTODIAN OF PUBLIC RECORDS: applicable provisions of the federal,state and local laws,regulations, rules and orders. CRYSTAL GIBSON,CITY CLERK 3301 QUANTUM BLVD.,SUITE 101 Delivery: BOYNTON BEACH,FLORIDA,33426 All prices must be F.O.B. destination. Time is of the essence on this 561-742-6061 contract. If completed deliveries are not made at the time agreed,the City GIBSONC@BBFL.US reserves the right to canoe] or purchase elsewhere and to hold Vendor Risk of Loss: accountable. If delivery dates cannot be met,Vendor agrees to advise the City, in writing of the earliest possible shipping date for acceptance by the Vendor agrees to bear all risk of loss, injury, or destruction of goods and City, materials ordered herein which may for any reason occur prior to acceptance by the City. No such loss, injury or destruction shall release Inspection: Vendor from any obligations hereunder. Goods and Material must be properly packaged. Damaged goods and materials will not be accepted, or if the damage is not readily apparent at Scrutinized Companies-287.135 and 215.473: the time of the delivery,the goods shall be returned at no cost to the City. Vendor certifies that Vendor is not participating in a boycott of Israel. The City reserves the right to Inspect the goods at a reasonable time Vendor further certifies that Vendor is not on the Scrutinized Companies subsequent to delivery where circumstances or conditions prevent effective that Boycott Israel list, not on the Scrutinized Companies with Activities in inspection of the goods at the time of delivery. Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business Laws Governing: operations in Syria. Subject to limited exceptions provided in state law,the This contract shall be governed by and construed according to the laws of City will not contract for the provision of goods or services with any the State of Florida.Venue for any action related to this Agreement shall be scrutinized company referred to above.Submitting a false certification shall in the Circuit Court for the 18th Judicial Circuit, Palm Beach County, be deemed a material breach of contract. The City shall provide notice, in Florida. writing, to Vendor of the City's determination concerning the false certification.Vendor shall have five(5)days from receipt of notice to refute Material Safety Data Sheets: the false certification allegation. If such false certification Is discovered Proper Material Safety Data Sheets, in compliance with OSHA's Hazard during the active contract term, Vendor shall have ninety (90) days Communications Standard, must be provided by the Vendor to the City at following receipt of the notice to respond in writing and demonstrate that the time of purchase or delivery. the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was Patents and Copyrights: made in error then the City shall have the right to terminate the contract If an article sold and delivered to the City hereunder shall be protected by and seek civil remedies pursuant to Section 287.135, Florida Statutes,as any applicable patent or copyright, the Vendor agrees to indemnify and amended from time to time. save harmless the City from and against any and all suits, claims, judgments, and costs instituted or recovered against it by any person uniform Commercial Code: whomsoever on account of the use or sale of such articles by the City in All applicable portions of the Florida Uniform Commercial Code shall Violation or right under such patent or copyright govern this contract with the City Payment: Warranty: All invoices shall be addressed to the ordering department,City of Boynton The Vendor warrants to the City that all goods and services furnished Beach, P.O.Box 310, Boynton Beach, FL 33425-0310 as indicated on the hereunder will conform in all respects to the terms of this order, including front of this Purchase Order and must include Vendor's name and phone any drawings, specifications or standards Incorporated herein, and/or number,and clearly list quantifies,item descriptions and units of measure. defects in materials,workmanship,and free from such defects in design.In addition,Vendor warrants that the goods and services are suitable for and Public Records: will perform in accordance with the purposes for which they were intended. The City of Boynton Beach is public agency subject to Chapter 119,Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Termination: Specifically,the Vendor shall: Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy,terminate A.Keep and maintain public records required by the CITY to perform the this Agreement for City's convenience.Where the Agreement is terminated service; for the convenience of City, the notice of termination to Contractor must B.Upon request from the CITY's custodian of public records, provide the state that the Agreement Is being terminated for the convenience of the CITY with a copy of the requested records or allow the records to be City under this termination clause,the effective date of the termination,and inspected or copied within a reasonable time at a cost that does not the extent of termination.Contractor shall be paid for the services up to and exceed the cost provided in chapter 119, Fla. Stat. or as otherwise including the effective date of the termination.This shall mean payment for provided by law; all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination. Page 74 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200563 BOYNTON BEACH, FLORIDA 33426-0310 DATE: 11/27/19 VENDOR 17960 SHIP TO: TO: CE POWER SOLUTIONS OF FLORIDA City of Boynton Beach 3502 RIGA BLVD, STE. C WEST WATER ADMIN TAMPA, FL 33619 5469 W. BOYNTON BCH BLVD. BOYNTON BEACH, FL 33437 REQUISITION NO. 75230 ORDERING DEPARTMENT: UTIL PWT/MR DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 9985 .00 DL TWO 4 HOUR SHIFT DAY 1 1, 0000 9985. 00 Mobilize to the site on the day the transformer arrives De-Energiz.e. ith Citytbft:.t c wo-r k:�:.:w FPL �A' thi' out age tchiar 1:Perf'orff 1:1�§-pectior s:: .d clean 1-n;::' caf< thy` MV 8. qgjn .testing 01the MV,:::Switchqear breakers C$t y. of 'Boyntoii Beach to work with .7 PL o ri: this putage ms Give status to :CityQyn A:Cit of B to ' ' 'on w t re ings. :a going. . . . . . . .... . Day 2 .. . . . 7cft:y. Of BoVnton :to work with' VPL� : on this, outage pl.ete.any addit ioinal Cleani149 icl -ing, t Re:72-Aqr.9Xz p CitY.-- � bf Boyptpn, to work with FPL on. ths outage- Give. ''d up. ate. :to the. Ca. Boynton-.on- statu.s.: t, gear of the MV real ers Full writt en--..rep&...... -rt .L: . . ... reviewed and .signed-gned,- by` our on Staff PE and will be sent to City for records. PROCUREMENT SERVICES 7 P.O. TOTAL: FLORIDA STATE SALES TAX EXEMPTfON-- IMPORTAN TRUCTIONS 1.RENDER SEPARATE INVOICE FOR THIS CERTIFICATE NO. 85-8012621544C-0 ORDER OR FOR EACH SHIPMENT THEREON OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL IMMEDIATELY FOLLOWING SHIPMENT. PACKAGES, TICKETS, INVOICES, STATEMENTS, AND THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. 2PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES: WHERE TAX APPLIES CITY OF BOYNTON BEACH MUST BE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: SUPPORTED BY CARRIER'S RECEIPT. TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST. P.O. BOX 310 WNVOICES AND STATEMENTS SUBJECT BOYNTON BEACH, FL 33425-0310 TO CASH DISCOUNT SPECIFIED HER ORIGINAL Page 75 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 00563 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/27/19 VENDOR 17960 SHIP TO: TO: CE POWER SOLUTIONS OF FLORIDA City of Boynton Beach 3502 RIGA BLVD, STE. C WEST WATER ADMIN TAMPA, FL 33619 5469 W. BOYNTON BCH BLVD. BOYNTON BEACH, FL 33437 REQUISITION NO. 75230 ORDERING DEPARTMENT. UTIL PWT/MR " � DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 2 8906. 00 DL ONE 8-HOUR OUTAGESDAY 1.0000 8906. 00 Mobilize to the site. on the day the transformer arrives De Energise''' City SQzIr� .`L4 W4rk With ,PPL on thil'o lousage, Perfei'mi► insipecti.oxis .and cle-kh 3t7 , g af'; the :.MV < Switchgear P;' rfdtt testing of the:;...MV S�vit�.gear and Breakers Re: Fiergi:ze. M.-Y, of Boynton 'to work ca, th FPL on thus outage Stat-us of City of Boynton on Qw things are < . go�.ng FU-ll written report will: be reuicawEdand si.gnd by o r PE wi1 be::.sent to it.y ,for r cords MARso ENIERGEN.CY. PURCHASE TQ INSTALL TRANSFORMER. AT WWTP *DEP RTMENT';;<WTLL BRING THIS PO. & THE OTHER PO TOTAL21>iG $ 4.,186::Q0 .T.C? OQMMISSICN AT' THE NEXT AVAILAELE`'MEE.TING PROCUREMENT SERVICES: ® �` -7 P.O. TOTAL: 18891.00 FLORIDA STATE SALES TAX EXE PT N UTIS 1 RENDER SEPARATE INVOICE FOR THIS CERTIFICATE NO. 8 - 0126154C-0 OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDER OR FOR EACH SHIPMENT THEREON PACKAGES, TICKETS, INVOICES, STATEMENTS, AND IMMEDIATELY FOLLOWING SHIPMENT. THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. 2PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES: WHERE TAX APPLIES AIL INVOICES T CITY OF BOYNTON BEACH MUST BE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE SUPPORTED BY CARRIER'S RECEIPT. TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST. P.O. BOX 310 3JNVOICES AND STATEMENTS SUBJECT BOYNTON BEACH. FL 33426-0310 TO CASH DISCOUNT SPECIFIED HEREON. ORIGINAL Page 76 of 715 CITY OF BOYNTON BEACH CONDITIONSGENERAL TERMS AND Tax Exemption: The City is tax exempt,iD#85-8012621544C-0 Public Records(Cont.) Acceptance of Contract: C.Ensure that public records that are exempt or that are confidential and This order is the City's offer to.purchase the goods and/or services exempt from public record disclosure requirements are not disclosed described on the reverse side from the Vendor.The City's placement of this except as authorized by law for the duration of the contract term and, order is expressly conditioned upon the Vendor's acceptance of all the following completion of the contract,Vendor shall destroy all copies of such terms and conditions of purchase contained on or attached to this confidential and exempt records remaining in Its possession once the Purchase Order. Vendor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Vendor shall transfer to the CiTY,at Amendments: no cost to the CiTY,all public records in Vendor's possession All records No agreement or understanding to modify this contract shall be binding stored electronically by Vendor must be provided to the CITY,upon request upon the City unless in writing and signed by the C€ty's authorized agent. from the CITY's custodian of public records, in a format that is compatible All specifications, drawings, and data submitted to the Vendor with this with the information technology systems of the CITY. order are hereby incorporated and made a part hereof. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO Compliance with Laws: PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, The Vendor certifies that in performing this contract,they will comply with all CONTACT THE CUSTODIAN OF PUBLIC RECORDS: applicable provisions of the federal, state and local laws, regulations,rules and orders. CRYSTAL G€BSON,CITY CLERK 3301 QUANTUM BLVD.,SUITE 101 Delivery: BOYNTON BEACH,FLORIDA,33426 All prices must be F.O.B. destination. Time is of the essence on this 561-742-6061 contract. If completed deliveries are not made at the time agreed,the City GIBSONC@BBFL.US reserves the right to cancel or purchase elsewhere and to hold Vendor Risk of Loss: accountable.if delivery dates cannot be met,Vendor agrees to advise the City, in writing of the earliest possible shipping date for acceptance by the Vendor agrees to bear all risk of loss, injury, or destruction of goods and City materials ordered herein which may for any reason occur prior to acceptance by the City. No such loss, injury or destruction shall release Inspection: Vendor from any obligations hereunder. Goods and Material must be properly packaged. Damaged goods and Scrutinized Companies-287.135 and 215.473: materials will not be accepted,or if the damage is not readily apparent at p the time of the delivery,the goods shall be returned at no cost to the City. Vendor certifies that Vendor is not participating in a boycott of Israel. The City reserves the right to inspect the goods at a reasonable time Vendor further certifies that Vendor is not on the Scrutinized Companies subsequent to delivery where circumstances or conditions prevent effective that Boycott Israel list, not on the Scrutinized Companies with Activities in inspection of the goods at the time of delivery. Sudan List,and not on the Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List, or has Vendor been engaged In business Laws Governing: operations in Syria. Subject to limited exceptions provided in state law,the This contract shall be governed by and construed according to the laws of City will not contract for the provision of goods or services with any the State of Florida.Venue for any action related to this Agreement shall be scrutinized company referred to above.Submitting a false certification shall in the Circuit Court for the 18th Judicial Circuit, Palm Beach County, be deemed a material breach of contract.The City shall provide notice, In Florida. writing, to Vendor of the City's determination concerning the false certification.Vendor shall have five(5)days from receipt of notice to refute Material Safety Data Sheets: the false certification allegation. If such false certification is discovered Proper Material Safety Data Sheets, in compliance with OSHA's Hazard during the active contract term, Vendor shall have ninety (90) days Communications Standard, must be provided by the Vendor to the City at following receipt of the notice to respond in writing and demonstrate that the time of purchase or delivery, the determination of false certification was made in error. if Vendor does not demonstrate that the City's determination of false certification was Patents and Copyrights: made in error then the City shall have the right to terminate the contract If an article sold and delivered to the City hereunder shall be protected by and seek civil remedies pursuant to Section 287.135, Florida Statutes,as any applicable patent or copyright, the Vendor agrees to indemnify and amended from time to time. save harmless the City from and against any and all sults, claims, Uniform Commercial Code: judgments, and costs instituted or recovered against it by any person whomsoever on account of the use or sale of such articles by the City In All applicable portions of the Florida Uniform Commercial Code shall violation or right under such patent or copyright govern this contract with the City Payment: Warranty.- All arranty:AIB invoices shall be addressed to the ordering department,City of Boynton The Vendor warrants to the City that all goods and services furnished Beach, P.O. Box 310, Boynton Beach,FL 33425-0310 as indicated on the hereunder will conform in all respects to the terms of this order, including front of this Purchase Order and must include Vendor's name and phone any drawings, specifications or standards incorporated herein, and/or number,and clearly list quantities,item descriptions and units of measure. defects in materials,workmanship,and free from such defects in design.In addition,Vendor warrants that the goods and services are suitable for and Public Records: will perform in accordance with the purposes for which they were Intended. The City of Boynton Beach is public agency subject to Chapter 119,Florida Termination' Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically,the Vendor shall: Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy,terminate A. Keep and maintain public records required by the CITY to perform the this Agreement for City's convenience.Where the Agreement is terminated service; for the convenience of City, the notice of termination to Contractor must B. Upon request from the CiTY's custodian of public records,provide the state that the Agreement is being terminated for the convenience of the CITY with a copy of the requested records or allow the records to be City under this termination clause,the effective date of the termination,and inspected or copied within a reasonable time at a cost that does not the extent of termination.Contractor shall be paid for the services up to and exceed the cost provided in chapter 119, Fla. Stat. or as otherwise including the effective date of the termination.This shall mean payment for provided by law; all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination. Page 77 of 715 6.F. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Approve change order#1 in the amount of$2,100 increasing Purchase Order No. 191387, for roof repairs at The West Water Treatment Plant buildings A and B, issued to Anzco I nc on September 12, 2019 in the amount of $110,000. This increase will make the total cost of the roof repairs $112,100. EXPLANATION OF REQUEST: Boynton Beach (Utilities) procured the services of Anzco Inc. for replacing the roof membranes at both West Water Treatment Plant buildings. West water treatment plant buildings A and B had several roof leaks that caused water damages to critical electrical equipment located inside the buildings. During the repair process, Anzco discovered unseen damages. Anzco informed staff that additional services were required to make repairs to the parapet tiles in the amount of$2,100. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval for increase amount of Purchase Order 191387 will allow for uninterrupted Preventive Maintenance repair of the roofs, which will ensure safe guarding equipment and personnel. FISCAL IMPACT: Budgeted Sufficient funds are in the following account: 403-5000-533-65-02 ALTERNATIVES: None. Not performing the needed additional repairs would negatively affect the operation of the West Water Treatment Plant STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 78 of 715 ATTACHMENTS: Type Description Purchase Order Anxco 9-5 Purchase Order Change Order Anzco CO#1 Page 79 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. ; 191387 BOYNTON BEACH, FLORIDA 33425-0310 DATE: '09/13/19 VENDOR 14283 SHIP TO: TO: AN7CO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT WEST WATER ADMIN BOCA RATON, FL 33434 5459 W. BOYNTON BCH BLVD. BOYNTON BEACH, FL 33437 REQUISITION NO. 74470ORDERING DEPARTMENT: UTIL/ADMIN HLK $12 0 DATE NEEDED: I • CONTRACT NO, COMMISSION APPROVED: D. EXTENDED' LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 110000.00 DL MATERIAL AND LABOR FOR ROOF 1*0000 110000.00 REPAIR REMARKS. THE WEST WATER TREATMENT PLAT HAS SEVERAL LEAKS ON BOTH THE,NORTH AND SOUTH BUILDING RQb,FS. IN ORDER TO SAFE GUARD VALUABLE EQU1PMEXT -AND SAFETY OF THE EMPLOYEES, THE ROOF :NEEDS TCD; BE FIXED., THE ROOFS ARE MEMBRANE ROOFING WHICH CW' BE FIXED BY A QUALIFIED VENDOR. TITS VEDNDOR SAS ,' k:LETED USING BID NO, 0182511-1,8/IT. THE OTHER 'TWO VENDORS 'DID NOT SUBMIT THE kEQUIRED DOCUMENTATION AND WERE DISQUALIFIED. TASK ORDER: F-30-2019 COMMISSION APPROVED 9/5/19 i PROCUREMENT SERVICES: P.O. TOTAL: 1 10000.00 ACCOUNT NO. PROTECT 403-5000-533.65-02 WTRO08 DEPARTMENT Page 80 Of 715 PROPOSAL no Inc. 9671 Carousel Circle South `4 Boca Raton,Fl.33434 1009 NW 311tAve Pompano Beach,Fl.33069 Office:561-488-0822 Fax 561-807-7224 Mobil:561-699-3602 Email:jzak@anzcoinc.com CGC 1518065 Date: 11/26/19 QUOTE NO. 112619 Project-Boynton Beach Water Utilities 5469 W. Boynton Beach Blvd. Boynton Beach, Fl. 33437 Drawings: jobsite visit Attention: Gail /Howard Dear Gail/Howard We propose to furnish supervision, labor, and equipment and materials to perform the following scope of work: Tile Roof Repair/Metal Trim/Pitch Pans 1. Replace all damaged or missing tiles on both buildings Total costs $2100.00 Lift furnished by City If there are any questions, please do not hesitate to call. Sincerely yours, John B. Zak Page 81 of 715 6.G. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Piggy Back by Purchase Order the State of Florida Alternate Contract#43211500-W SCA-15-ACS for the purchase of four Dell/Datrium Compute nodes from Transource Services Corp in the amount of$88,335.68. EXPLANATION OF REQUEST: The I.T.S. Department has budgeted funds in the 2019/2020 Cl P budget to purchase four Dell/Datrium Compute nodes to replace our current Dell servers that are nearing end-of-life and are unable to provide the compute resources to accommodate the City's current computer work load. The City's procurement code allows this type of contract. The contract period for this contract is September 30, 2015- March 31, 2020. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In 2017, the City purchase Datrium DVX systems for the Fire Station#5 data center, Utilities data center, and the disaster recovery data center. At the time the I.T.S. Department did not replace the existing Dell servers at Fire Station#5 because the servers still had a couple years of life expectancy. Installation of the Datrium DVX system in the three data centers has allowed the City to shorten the RPO (Recovery Point Objective) from 24 hours to as few as 45 minutes and the RTO (Recovery Time Objective) from approximately 4 hours to under 5 minutes. RPO describes the interval of time that might pass during a disruption before the quantity of data lost during that period exceeds the maximum allowable threshold or tolerance. RTO is the duration of time within which a business process must be restored after a disaster in order to avoid unacceptable consequences associated with a break in continuity. Replacing the four Dell servers with newer more powerful Dell/Datrium Compute nodes will ensure that the I.T.S. Department can provide efficient and reliable computer resources for today and the future. The usable life expectancy of a server is approximately 5 years. FISCAL IMPACT: Budgeted Funding has been approved in account 303-4101-580.64-15 in the 2019/2020 C I P budget, project I T1903. ALTERNATIVES: The City could issue its own bid request. Staff does not believe that a City bid process would result in a substantially less cost. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 82 of 715 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Contract NASPO/Transource Master Aggrement D Addendum NASPO/Transource Amendement 1 ® Renewal D Other Agreement Pricing ® Summary D Quotes Transource Quote Page 83 of 715 STATE OF MINNESOTA Materials Management Division 112 Administration Building ` livnese)b 50 Sherburne Avenue •• ; DEPARTMENT OF ADMINISTRATION St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH TRANSOURCE SERVICE CORPORATION FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers, Storage including Related Peripherals & Services) To: Transource Service Corporation CONTRACT NO: MNWNC-130 2405 W. Utopia Road Phoenix,Arizona 85027 CONTRACT PERIOD: April 1, 2015, or upon final Contract Vendor Administrator: executed signatures, Curtis Wescott whichever is later Email: curtisw transource.com Phone: 623.879.8882 ext 24 Through March 31, 2017 EXTENSION OPTION: UP TO 36 MONTHS You are hereby notified that your response to our solicitation,which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1.A Participating Entity's Participating Addendum ("PA")A Participating Entity's Participating.Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement; 2. Minnesota WSCA-NASPO Master Agreement; 3. The Solicitation; and 4.the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. i IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. TRANSOURCE SERVICE CORPORATION 2. MINNESOTA MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate person(s)have In accordance with Minn.Stat.§16C.03,subd.3. executed this Agreement on behalf of the Contractor as required by applicable a ' s,byl "p 'ons,or ordinances. By: ag (t BY: I `-� i Title: Master A reem ntAdministrator Pllntetl Tide: re, ' mcunac Date: i Date: ' By: Signature 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Pfted Nems Or delegated representative. Title: By: Date: Date: Orlainal signed FEB 2 6 2015 i BY Lucus I Janneff 1 CONTRACT NO. MNWNC-13D MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 84 of 715 COMPUTER EQUIPMENT .,. . 2014-2019 , DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLE OF CONTENTS............................................... SUMMARY......................................... EXHIBIT A-TERMS&CONDITIONS............................................... EXHIBITB-PRICING....................................................................................................................................................23 EXHIBIT B-PRICING SCHEDULE.................................................................. .........................................................25 EXHIBIT C PRODUCT AND SERVICE SCHEDULE (PSS) .....................................................................................26 EXHIBIT D -WEBSITE............................. EXHIBIT E-ACTION REQUEST UPDATE FORM (ARF)............................................................................................28 EXHIBITF-REPORTING..............................................................................................................................................30 EXHIBITG-DEFINITIONS............................................................................................................................................31 C i i 2 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 85 of 715 i COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD SUMMARY i 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award.After evaluation by a multi--state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for Computer Equipment(Desktops, Laptops,Tablets, Servers,and Storage including related Peripherals & Services). The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 4: Server Band 2: Laptop Band 5: Storage Band 3: Tablet The original solicitation included Band 6: Ruggedized.This band has been removed and ruggedized equipment will be allowed in Bands.1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION.All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA)at the option of Participating States.Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as j allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the I purchase of multiple configurations (e.g. an entity could purchase 10 laptops @$10,000 for a total purchase price of $100,000). ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum *Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 86 of 715 5. RESTRICTIONS.The following restrictions apply to the Master Agreement.A Participating State may set further restrictions of products in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf(COTS)software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3. Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment(Band 4&5) purchased, is allowed and may be procured after the initial purchase of equipment. b.Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c.Third Partv Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d.Additional Prod uctlServices 1. Hardware and software required to solely support wide area network(WAN)operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. 6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. i I i I I I I 4 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 87 of 715 COMPUTER EQUIPMENT ^.� .. 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues.A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response.Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions.Any response which fails to comply with this requirement may be disqualified as nonresponsive. All general proposal terms,specifications and WSCA-NASPO Terms&Conditions form a part of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE. a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP.Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum.Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders,whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. S. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as 5 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 88 of 715 specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES.A response may be rejected if it is conditional or incomplete. Responses that contain conflicting,false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Kahle Acquisition Management Specialist Fax: 651.297.3996 Department of Administration E-mail: susan.kahle state.mn.us Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR .All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final. By executing this Contract, the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. if the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat, § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State,its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP,the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time.Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter,fax or email, or posted on the Materials Management website, www.mmd.admin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements,the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD)Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD,COMPLETE,AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A written Master Agreement(including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference)and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. 6 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 89 of 715 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION.A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or, j b. gives the Lead State something significantly different from that-which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained.A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes.All notices to the Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-296-2600 I f l i I 7 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 90 of 715 MASTER AGREEMENT TERMS AND CONDITIONS i B. WSCA-NASPO TERMS AND CONDITIONS j 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent(0.1%or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later.than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services(less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. i. Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state.All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. Minnesota WSCA-NASPO Master Agreement 3. The Solicitation including all addendums; and 4. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's responsp to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. AMENDMENTS.The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of tyle WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which rpay accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. � 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Co'ptract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option,the right to control any such litigation on such claim for relief or cause of action. 5. ASS IGNMENTISUBCONTRACT. Contract Vendor shall not assign, sell,transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date 4)f the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attendi09 any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default maybe immediate if defaults cannot be reasonably cured as allowed per Default and Rernedies term. 7. CONFIDENTIALITY NON-DISCLOSURE AND INJUNCTIVE RELIEF. 7.1 Confidentiality. Contract Vendor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any form that is marked as confidential a CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION I I Page 91 of 715 or would by its nature be deemed confidential obtained by Contract Vendor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a)any Participating Entity records; (b) personnel records, and (c) information concerning individuals, is confidential information of Participating Entity ("Confidential Information"). Any reports or other documents or items (including software)that result from the use of the Confidential Information by Contract Vendor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that(a) is or becomes(other than by disclosure by Contract Vendor) publicly known; (b) is furnished by Participating Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contract Vendor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Participating Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractor of Contract Vendor who can be shown to have had no access to the Confidential Information 7.2 Non-Disclosure. Contract Vendor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contract Vendor shall use commercially reasonable efforts to assist Participating Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contract Vendor shall advise Participating Entity immediately if Contract Vendor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contract Vendor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contract Vendor against any such person. Except as directed by Participating Entity, Contract Vendor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Participating Entity's request, Contract Vendor shall turn over to Participating Entity all documents, papers, and other matter in Contract Vendor's possession that embody Confidential Information. Notwithstanding the foregoing, Contract Vendor may keep one copy of such Confidential Informatiop necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 Iniunctive Relief. Contract Vendor acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contract Vendor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. 7.4 Participatina Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction(Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding,to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity,the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions 9. DEFAULTS&REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty(30)calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an 8 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUfPMENT TRANSOURCE SERVICE CORPORATION Page 92 of 715 opportunity to cure the default. The Lead.State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and j ii. Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and vi. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. i 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION—INTELLECTUAL PROPERTY., DELETED SEE SECTION 2C17. 16. INDEPENDENT CONTRACT VENDOR.The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any casts allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 17. INSURANCE. Except to the extent modified by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect,the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure.to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 93 of 715 Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury(including death), property damage and personal injury, including coverage for contractual liability,with a limit of not less than $1 million per occurrence/$2 million general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty(30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that(i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty(30)days prior written notice, and (iii)provides that the Contract Vendors liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty(30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty(30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED—SEE SECTION 211330 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State. 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping.labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCAINASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions(e.g., colleges, school districts, counties, cities, etc.,)for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial Obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities(including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days Following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 11 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 94 of 715 i 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision"Purchasing Card"with no additional.charge. 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating State and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government(including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency,to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five(5)years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. i The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS -SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly SaieslAdministrative Fee Reporting Tool found at http://www.naso.or MNCPO/Calculator.as x. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is stili required. Reports shall be due no later than the last day of the month following the end of the calendar quarter(as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall afro report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill-to and ship-to locations; Purchasing Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD-Rom,jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed safes data report is in Section 6,Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. 12 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 95 of 715 d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free,transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. a. Acceptance. Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement)shall determine whether all Products and Services delivered meet the Contractor's published specifications(a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty(30)calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Semite,the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. h. Acceptance Testing.The Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable,the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a'system' is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 30. TITLE OF PRODUCT. OWNERSHIP. a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents,whether in tangible or electronic forms, prepared by the.Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement.The Contract.Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. l b. Rights, Title and Interest.All rights, title, and interest in all of the intellectual property rights, including copyrights, patents,trade secrets,trade marks, and service marks in the said documents that the Contract Vendor conceives or originates,.either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials.Where applicable, I works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered"works for hire' as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create.The Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non- exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall 13 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 96 of 715 not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a)the Product performs according to the specifications (b)the Product is suitable for the ordinary purposes for which such Product is used, (c)the Product is designed and manufactured in a commercially reasonable manner, and (d)the Product is free of defects. For third party products sold by the Contract Vendor,the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist-the customer in engaging the manufacturer on warranty and maintenance issues: Upon breach of the warranty, the Contract Vendor will repair or replace(at no charge to the Purchasing Entity)the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. i I i i i I i i i i 94 CONTRACT NO. MNWNG-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 97 of 715 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action j ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and i conditions. i 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010,which entails, in part, the Web Content Accessibility Guidelines(WCAG)2.0(Level AA) and Section 508 Subparts A-D which can be viewed at htto:I/www.mmd.admin.state.mn.us/pdf/accessibility standard.pdf Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered,VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS)for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.gov/oettpolicies-and-standards/acceasiLbLlilty/#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing.Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee.. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work.An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required by law. 5. AMERICANS WITH DISABILITIES ACT(ADA). DELETED. G. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof,the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract j Vendor shall include a provisionrequiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related j to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal,the prospective lower tier participant[responder] is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 15 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 98 of 715 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, . person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. i f 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any.lower tier covered transaction [subcontract f equal to or exceeding $25,000]with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. Aartici ant in a covered transaction p p ct on ma rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the.eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. frothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is notrequired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS.The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process.A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement.The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement,the Lead State requires that independent manufacturers and resellers cooperate with the already 16 CONTRACT NO. MNWNC•130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 99 of 715 established Contract Vendor in order to meet the.Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p)of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.ciov/ruies/final/2012/34-67716.Pdf. 11. COPYRIGHTED MATERIAL WAIVER.The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to ! request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranettinternet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response,the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law,the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request,the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13,.(and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13(and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article,the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act(and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES.To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations,the Contract Vendor must provide Material Safety.Data Sheets regarding those substances.A copy must be included with each delivery. 16. HUMAN RIGHTWAFFIRMATIVE ACTION.The Lead State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of$100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds$100,000 whether it will be a multiple 17 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 100 of 715 award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds$100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn: Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. §363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner)as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event.A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. §363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. §363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance 18 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 101 of 715 i by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. i 17. INDEMNIFICATION The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the Lead State and the Participating Entity arising from the performance of the Master Agreement by the Contract Vendor or its agents,employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. The Contract Vendor warrants that any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance of this Master Agreement will not infringe upon or violate any patent, copyright, trade secret, or any other proprietary right of any third party. In the event of any such claim by any third party against the Participating Entity, the Participating Entity shall promptly notify the Contract Vendor.The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability(including legal fees) arising out of such a claim,whether or not such claim is successful against the Participating Entity. If such a claim has occurred, or in the Contract Vendor's opinion is likely to occur,the Contract Vendor shall either procure for the Participating Entity the right to continue using the materials or products or replacement or modified materials or products. If an option satisfactory to the Participating Entity is not reasonably available, the Participating Entity shall return the materials or products to the Contract Vendor, upon written request of the Contract Vendor and at the Contract Vendor's expense. This remedy is in addition to any other remedy provided by law 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto; shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAI_ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards : i a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. 19 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION i Page 102 of 715 These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. ! � 22..NOTICE TO RESPONDERS. Pursuant to Minn. Stat. §270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number.Thisinformation may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. f 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest.An organizational conflict of interest exists when, because of existing or planned activities.or because of relationships with other persons: • a Contract.Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. i The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default.The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms"Contract,""Contract Vendor," "Master. Agreement", "Master Agreement Administrator" and"Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components,Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS"). "Network Components"shall include, but are not limited to, Contract Vendor's firewalls, switches, routers,wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data"shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services,or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations;will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 26. PERFORMANCE WHILE DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall I continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economically Disadvantaged.ln accordance with Minn. Stat. § 16C.16, subds. 6 and 7, eligible certified targeted group (TG)businesses and certified economically disadvantaged(ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first$500,000 of the response to 20 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 103 of 715 the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder"Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under"Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600. Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7,the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included. in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd.6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service,as indicated by the person's United States Department of Defense fond DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities, as determined at any by the United States Department of Veterans Affairs; or (3) any other veteran-owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran-owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74. To receive a preference the veteran-owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first$500,000 of the response. If responder is claiming the veteran-owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. i 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m.to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. I 29. PURCHASE ORDERS.The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.).The Ordering Entity's purchase order constitutes a binding contract 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. reject any and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and 21 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 104 of 715 i I f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to.result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising i. under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and. practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s)to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. 35. TRADE SECRET/CONFIDENTIAL INFORMATION.Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 I I 22 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 105 of 715 COMPUTER EQUIPMENT lit( j�n�ira� a 2014-2019 UEAART'MENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S)AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage. i 2. PRICE STRUCTURE.The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all"quantity one" procurements.An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE.These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. i 4. BASELINE PRICE LIST.The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website.All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE(PSS). The Product.and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Cgntract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated 4 ase line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE.PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh schedule is subject to change. See current configurations: http://www.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade-In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade-Ins. 11. SERVICES. Services are at the option of the Participating Entity, The Participating Addendum by each State may address service agreement terms and related travel 23 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 106 of 715 12. LEASING.The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authorityao enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT.All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver-to"address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor. 14. DELIVERY.Delivery of ordered product should be completed within thirty(30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. i i i i 24 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 107 of 715 COMPUTER EQUIPMENT .., .. livnesen 2014-2019 DEPARTMENT OF ADMINISTRATION i i. MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING SCHEDULE 1. B.SELINE PRICE LIST: TRANSOURCE MSRP LINK: hfto://www.transource comicustamers/wsca/BasePriceSheet.as 2. BAND DISCOUNTS—(CATEGORY EXCEPTIONS APPLICABLE IN ALL BANDS) CATEGORY MINIMUM DISCOUNT BAND 1 DESKTOP 43211507 4% I BAND 2 LAPTOP 43211503 BAND 3 TABLET 1 1,� i BAND 4 SLRVER 43211501 i BAND 5 STORAGE. 1 s CATEGORY EXCEPTION: Product Promotions 1% IMPORTANT: The minimum discount is provided,refer to Contract Vendor's Website for any additional discounts and request a quote for bulklvolume discounts.All prices shall be FOB Destination, prepaid and allowed (with freight included in the price). If there is a special case where inside deliverfee must be char ed,the Contract Vendor will notify the customer in advance. 3 THIRD PARTY PRODUCTS - (APPLICABLE IN ALL BANDS) 43211724 10% i 4 SERVICES Se.'rvlces;are atthe option of ParticipatingZtates.Participating Addendums 6y each`State irnay address servrceiagreen ent _tennis and;related travel:.States may,negotiate additional services TFie majority of manufacturer'$.hardware includes a;three year warranty. Customer may:purchase warranty upgrades for certain hardware as offered For standard warranty Infocmatror` htt" ./ transiDurce.comisupbortideftiUlt.aso Accidental Damage—Complete Care: $150 Break/fix non warranty: $75/hour Desktop Installation: (options: copper, sterling and turquoise—see website for details) Copper--$25 Sterling Silver=$40 Turquoise=$75 Training$65/hour INCLUDED. 3 year warranty,`image loading, image consulting, asset tagging, consulting,stogingldeployment(products. needin sta in . nor to.deployment Will' .:be stored in contract vendor warehouse at no additional;cost 5. LEASING Contract Vendor does not offer leasing. I i 6. ADDITIONAL DISCOUNTS—Request a quote for discounts on bulkivolume purchases. a. Per Transaction Multiple Unit: Over$250,000= up to 1.5% additional on Transource systems from Baseline Pricing or.5%on peripherals Over$500,000= up to 2% additional on Transource systems from Baseline Pricing or.75% on peripherals Over$1 million-up to 3% additional on Transource systems from Baseline Pricing or 1%on peripheral b. Cumulative Discounts are based on Total Master Agreement Sales: Over$20 million—Additional .5%from Baseline Pricing Over$50 million—Additional 1%from Baseline Pricing Over$100 million--Additional 1.5%from Baseline Pricin c. Annual Volume Discounts: Over$2 million—Additional .5%from Baseline Pricing Over$5 million—Additional 1%from Baseline Pricing Over$10 million—Additional 1:5%from Baseline Pricing 25 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION it Page 108 of 715 AIt I COMPUTER EQUIPMENT ... .. 2014-2019 ^ ' DEPARTMENT Of ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales.The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the startof sales and containing the following information: a. Band number b. Part#-SKU# c. Manufacturer d. Description e. Minimum Discount f. Category Code(This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME DATE: BASELINE PRICE LIST: LINK: BAND Part#-SKU# MANUFACTURER DESCRIPTION MINIMUM CATEGORY DISCOUNT CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS:A list of third party products is to be submitted to the Lead State.Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance.The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. i 26 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 109 of 715 i COMPUTER EQUIPMENT . IT1 6tv 2014-2019 ' A' DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE 1. IMPLEMENTATION.Within 30 calendar days of Master Agreement award,the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect,the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form.The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a) Baseline Price List and historic versions b) Approved Product and Service Schedule(PSS) c) Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d) Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e) Link to the WSCA-NASPO EmarketCenter f) Online ordering capability with the ability to remember multiple ship to locations if applicable to product g) Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns h) Sales representatives for participating entities i) Purchase order tracking j) Available Twenty-four(24) hours per day, seven (7)days per week availability, except for regularly scheduled maintenance k) Additional Terms may not be posted on the Website without written approval of the Lead State 1) Link to the WSCA-NASPO EmarketCenter if a State is participating m) Information on accessibility and accessible products n) If participating in Premium Savings Package Program, lead with these products and display prominently on the website o) Links to environmental certification, including but not limited to take-back/recycling programs, p) Information regarding the use of Conflict minerals, as required by Section 13(p)of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http:llwww,se"ov/rules/final/2012/34 67716.pdf. q) Service options, service agreements for negotiations when allowed by a participating addendum r) EPEAT, Energy Star, etc. s) Link to Signed Participating Addendums t) Link to Signed Master Agreement u) Link to solicitation and Response. 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 27 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 110 of 715 I i I COMPUTER EQUIPMENT .. 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide i quarterly updates of PSS and to make requests.The Action.Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement# with (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below. F Action Requested: Action Log: Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product&Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed Third Party Product Addition Provide warranty Guarantee _Marketing Approval Attach Materials for review _Material Website Change Describe and provide link for review _Miscellaneous inquiry Provide detail (e.g. key contact change, etc.) 'r The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance.Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: 28 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 111 of 715 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OFADMMISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD f EXHIBIT E - ACTION REQUEST FORM (ARF) l ACTION REQUEST FORM F LOG h Submit updated Action Log with each update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): t DATE: f DATE DATE j SUBMITTED ACTION REQUESTED: APPROVED i 1 I'l IIC 4 29 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 112 of 715 i 1'ylLyl COMPUTER EQUIPMENT .. 2014-2019 • DEPARTMENT OF AwNisrRATloN MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING I 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided. I 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. FROM TO DUE: Q1 January 1 March 31 Aril 30 Q2 Aril 1 June 30 July 31 Q3 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: Report Name Submitted to Purpose& Submittal 1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA- i NASPO NASPO 1) Go to: http:l/www.naspo.orgtVVNCPO/Calculator.aspx 2) Complete all contract report information fields 3) Enter total sales per State or Select"no sales for quarter" checkbox 4)Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package(PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit I 30 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 113 of 715 JAW h- , COMPUTER EQUIPMENT 11111®S4f 2014-2019 DEPARTMENT Of ADMfNISTRATfON MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation,there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product.Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1)the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse.All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. .A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit.A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. . Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Deyi..es Fn aloe. be e fered. ..rfer-..ar..-e 1 6 of thea Master Agreement BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources,software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location.A desktop computer typically comes in several units connected together during installation: 1) the processor, 31 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 114 of 715 i r 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy.Star qualified computers and monitors automatically power down to 15 wafts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www.enerciystar.gov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard-the IEEE 1680 EPEAT standard—and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of.performance criteria for the design of products. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures.surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. https://www.revisor.mn.aov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use.A laptop includes a j display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission.of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply pp y to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software"glue"that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment ora feature that may be chosen as an addition to or replacement for standard equipment i and features. Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity(e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases,local governments, political subdivisions or other entities in a State maybe authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum.is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State,to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and Conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners,fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 32 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 115 of 715 maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peri pheralslaccessoriesloptions and may be offered in any related band. Per Transaction Multiple Unit Discount.A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade(keep pace with the advance of technology)the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http:llwww.wnpsp.com/index.htmi. Purchasing Entity—means a state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de-installation,factory integration (software or equipment components), asset management, recycling/disposal,training and certification, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network.This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network(or subnetwork)that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service(STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud:services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode,firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation.A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN.. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.)for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 33 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 116 of 715 a _ A sa i►.. aia:# . gWifkxk- t 4-0. 41 fht-c vii,ant _. -=*:. ;fit. `.._ „- 4 F' i We .. . C=: :. �f !. X WCVV aFTs flit we&mwhm mw:A, i=,aw am _ 12 60.6,axia wt t Tie lid ... s : .... .:.:;:Of1 4*5 x'10 1st !1^l t, gsit 62 I i E e n 1 rtg: r s . h d( a �dt t ray t t:us by owing iff gr fs66, 27 . 9 If Page 117 of 715 CERTIFICATE OF LIABILITYDATEIMMIDDIYYYYI INSURANCE 02/09/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCERWillie of Arizona, Inc. CONTACT NAME: c/o 26 Century Blvd PHONE FAX P.D. Box 305191 C E . -877-945-7378 RfG No:1-888-467-2375 -MAIL Piashville, TN 372305191 USA EADDRESS:certificatae@willis.com INSURER(S)AFFORDING COVERAGE NAIC# INSUREDINSURERA:Atlantic 5 ecialt Insurance Co an 27154 Traneoltrce Service Corporation DBA: Transource computers INSURER B 2405 W Utopia ltd INSURER C., Phoenix, AZ 85027 INSURER 0: INSURER E: INSURER F; 1 COVERAGES CERTIFICATE NUMBER W767791 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE POLICY NUMBER MMlUOYlYYYY P_0 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR DA AGE REN D A PREMISES Ea occurrence $ 500,0)( Y MEO EXP(Any one person) $ 10,00071,o .......02 0,000711013251-0002 04/15/2014 04/01/2015 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,ppp X POLICY❑JECT LCC PRODUCTS-COMP/OPAGG $ 21000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO Ea accident $ ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS BODILY INJURY(Per accident) $ HIREDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ Per acGdent UMBRELLA LIAB OCCUR EXCESS LIAB EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ QED RETENTION$ $ WORKERS COMPENSATION A AND EMPLOYERS'LIABILITY Y!N X STATUTE ERH ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) 406-D4-18-06-0000 04/01/2014 04/01/2015 If yes,describe under E.L.DISEASE-EA EMPLOYE $ 1,000,ODO DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re: RFP Computer Equipment: Weaktops, Laptops, Tablets, Servers, Storage, Ruggedized Devices including related Peripherals 6 Services) State of Minnesota is included as an Additional Insured as respects to General Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN to of Minnesota ACCORDANCE WITH THE POLICY PROVISIONS. Sta Materials management Division AUTHORIZED REPRESENTATIVE 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 ©7988-2094 ACORD CORPORATION. All rights reserved. ACORD 26(2094109) The ACORD name and logo are registered marks of ACORD SR ID:5417914 BATCH:Batch #: 114193 Page 118 of 715 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. aVANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement, Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVE=RAGE EXTENSIONS 1. Additional Insured—Broad Form Vendors 8, Coverage Territory—Worldwide 2. Additional Insured—by Contract,Agreement or 9. Duties in Event of Occurrence,Claim or Suit Permit relating to: 10. Expected or Intended Injury (PD) o Work performed by you 11. Incidental Medical Malpractice o Premises you own, rent, lease or occupy 12. Medical Payments o Equipment you tease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non-Owned Aircraft 5. Bodily Injury Redefined—Menta!Anguish 16. Non-awned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Product Recall Expense o Borrowed Equipment 19. Supplementary Payments Increased Limits o Customers'Goods o Use of Elevators 1. ADDITIONAL INSURED--BROAD FORM VENDORS Section II—Who Is An Insured is amended to include as an additional insured any person(s)or organization(s) (referred to below as vendor)with whore you agreed in a written contract or agreement to provide insurance, but only with respect to"bodily Injury"or"properly damage"arising out of"your products"which are distributed or sold in'the regular course of the vendor's business,subject to the following additional exclusions: a. This provision 1.does not apply to: (1) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (S) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or (8) "Bodily injury" or "properly damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4.or 6.;or VCG 207 07 00 Includes copyrighted material or Insurance services office,Inc. Page 1 of 7 Copyright 2009, MI!!!!I!I!I!!!!!!I1 Page 119 of 715 (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) Any vendor, person or organization if the "products-completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products,or any ingredient, part or container,entering into,accompanying or containing such products. 2. ADDITIONAL_INSURED—CONTRACT,AGREEMENT OR PERMIT a, Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organi- zation(s)with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for"bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of"your work"for the additional insured(s) at the location designated in the contract, agreement or permit;or 2. In the maintenance, operation or use of equipment leased to you by such person(s)or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract,agreement or permit. b. The insurance provided to the additional insured herein is limited.This insurance does not a pplY: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy;and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property damage",or"personal and advertising Injury"; i 2. To any person or organization included as an insured under the Additional insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. . To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications; or (b) Supervisory,inspection,architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or (b) Owners or other interests from whom land has been leased;or (c) Managers or lessors of premises if: (1) The"oocurrence"takes place after you cease to be a tenant in that premises;or (2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. S. To"bodily injury,or"property damage"occurring after: (a) All work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed;or (b) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Page 2 of 7 Includes copyrighted material of insurance Services office,Inc. VCG 207 07 08 copyright20a9,Ill1111!llrlf±I11I!!I!I!III!f!I±!I±I!irlll!I!1i111 Page 120 of 715 c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or"suits"brought;or 3. Persons or organizations making claims or bringing"suiw'. 'These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III —Limits of Insurance,the General Aggregate Limit applies separately to each of your "locations"owned by or rented or leased to you. b. Under Section V—Definitions,the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway,waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Bights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products-completed operations hazard". This ! waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury"or"property damage",that requires you to waive your rights of recovery. S. BODILY INJURY REDEFINED—MENTAL ANGUISH Under Section V,the deflnition of"bodily injury"is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. S. BROADENED NAMED INSURED Section 11—Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 1130th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE— BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for"property damage"liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; Jb) Personal property in the care, custody or control of the insured; and (C) That particular part of any property that must be restored, repaired or replaced because "your work"was incorrectly performed on it do not apply to "properly damage"to "customers' goods"while on your premises nor do they apply to "property damage"arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods"is$35,000 per"occurrence". VCG 207 07 08 Includes copyrighted material of Insurance Services OtNoe,Inc. Page 3 or 7 Copyright 2009, !!!±!±!!!±!!Il111[±!!!!±!!±!!!±!Il±1!!111!!!1±w! Page 121 of 715 b. Under Section V—Definitions,the following definition is added: "Customers' Goods"means goods of your customer on your premises for the purpose of being: 1. Repaired;or 2. Used in your manufacturing process. j f i c. The insurance afforded by this provision Is excess over any other valid and collectible property insurance (including any deduccdbie) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY—WORLDWIDE i The definition of"coverage territory"Is replaced by the following: "Coverage territory" means anywhere provided the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America(including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following j paragraphs: a. The requirements that you must 1. notify us of an"occurrence"offense,claim or"suit"and 2. send us documents concerning a claim or"suit" apply only when such "accident"claim,"suit"or"loss"is known to: I. You,if you are an individual; i 2. A partner, If you are a partnership; 3. -An executive officer of the corporation or insurance manager,it you are a corporation;or 4. A manager, if you are a limped liability company. b. The requirement that you must notify us as soon as practicable of an"occurrence"or an offense that may result in a claim does not apply if you report an "occurrence"to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence' Is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY(PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury"or"property damage" resulting from the use of reasonable force to protect persons or property. 11. INCIDENTAL MALPRACTICE—EMPLOYED PHYSICIANS, NURSES,EMT%AND PARAMEDICS a. Under Section Il —Who Is An Insured,the paragraph that excludes an employee or volunteer worker as insured for"bodily injury"or"personal and advertising injury"arising out of his or her providing or failing to provide professional health care services does not apply to a physician,dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical,surgical,dental,x-ray or nursing services. b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by as will follow the Other Insurance—Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS—INCREASED LIMITS AND TIME PERIOD In the insuring Agreement under Coverage C— Medical Payments,the requirement that expenses are incurred and reported to us within one year of the date of the accident is changed to three years_ a. The Medical Expense Limit is $15,000r pe person or the amount shown in the Declarations as the Medical Expense Limit,whichever is greater. b. This provision 12. does not apply if Coverage C — Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. Rage 4 of 7 Includes oapyrlghted materiel or Insurance Services Office,Inc. VCG 207 OT 09 copyright2U49,!!I}IFf11111}ill}I}}11111111111111llllll�llllltill Page 122 of 715 13. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the"mobile equipment"definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered"mobile equipment": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II —Who Is An Insured,the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of thecurrent policy period. 15. NON-OWNED AIRCRAFT The Aircraft,Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired,chartered or loaned with a paid crew;and 2. Not owned by any insured. a. The insurance afforded by this provision 15. is excess over any other valid and collectible Insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL_LIABILITY CONDITIONS. 16. NON-OWNED WATERCRAFT a. Section If—Who Is An Insured is amended to include as an insured for any watercraft that is covered by this policy, any person who,With your expressed or implied consent,either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury"to a co"employee"of the person operating the watercraft;or 2. "Property damage"to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability,the limitation on the length of a watercraft Is increased to 55 feet. c. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance (ncluding any deductible-or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. PERSONAL AND ADVERTISING INJURY The following exclusions under the definition of"personal and advertising injury"are amended as follows: a. Insureds In Media Type Businesses "Personal and advertising injury"committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; or. (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for others. I VCG 207 07 09 Includes copyrighted material of insurance Services Office,Inc. Page 5 of 7 Copyright 2009, Page 123 of 715 18. PRODUCT RECALL EXPENSE With respect to this Provision 18., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. a. The following is added to Section III -Limits Of Insurance section: 1. The'Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls"initiated;or (c) Number of"your products"recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all"product recall expenses"incurred for all "covered recalls"initiated during the policy period. 3. Subject to 2.above, the Each Product Recall Limit is the most we will reimburse you for the sum of all j "product recall expenses"arising out of any one"covered recall"for the same defect or deficiency. 4. Subject to 3. above, we will pay only the amount of"product recall expenses"in excess of the deductible amount shown in the Product Recall Schedule. i Products Recall Schedule Limits of Insurance Product Recall Aggregate Limit .$50,000 ' Each Product Recall Limit $25,000 Each Product Recall Deductible $1,000 If any limits and deductible other than those above are shown in the Declarations as the Products Recall Expense Limits, the amounts shown in the Declarations will replace the Limits of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. b. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV—Conditions: You must see to it that the following are done in the event of an actual or anticipated"covered recall"that may result in"product recall expense": j 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of"your product"and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect"your product"that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within SO days after our request.We will supply you with the necessary farms;and 5. .Permit us to examine any insured under oath,while not in the presence of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page 8 of 7 Includes copyrighted material of insurance SaMoss office.Inc. VCG 207 07 09 Copyrlght2009, !!!!111111]!IHii111111111111111111l11lIiiI1111111 Page 124 of 715 c. The following definitions are added to the Definitions Section: j 1. "Covered recall' means a recall made necessary because the insured or a government body has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition In 'your product"has resulted in or will result in "bodily injury"or"property damage". 2. "Product Recall Expense"means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling"your product": (1� For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular"employees"for necessary overtime; (4) For hiring additional persons, other than your regular"employees'; (6) Incurred by"employees", including transportation and accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or"property damage"as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) "Product Recall Expense"does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality,durability or performance; (3) Lass of customer approval,or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; i (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any Insured knew or had reason to know at the inception of this insurance;and (7) Redall of 'your products"that have no known or suspected defect solely because a known or suspected defect in another of'Your products"has been found 19. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS Under Section i -Coverages,Supplementary Payments-Coverages A and 13, paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. VCG 207 07 09 Includes copyrighted material of Insurance Services Office,Inc. Page 7 of 7 Copyright 2409,11111IN11f11111!111111111111111111111111) MIIII Page 125 of 715 COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. I A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us ad- vance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;or b, 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. 5. , If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels,the refund may be less than pro rata. The can- cellation will be effective even it we have not made or offered a refund. 6, if notice is mailed, proof of mailing will be sufficient proof of notice. B. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 45 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. I C. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first j Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent.This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. D. Concealment,Misrepresentation or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured,at any time,intentionally conceal or misrepresent a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property;or 4. A claim under this policy. E. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy pe- dod and up to three years afterward. F. Inspections and Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find;and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or or- ganization to provide for the health or safety of workers or the public.And we do not warrant that conditions: 1.. Are safe or healthful;or 2. Comply with laws,regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections,surveys, reports or recommendations. VIL 40102 05 Includes copyrighted material of Insurance Services Office,Inc. Pagel of 2 Copyright 2004,11IIIIIIIIIIIIIIIIII!!IIIIIIIIII!III11111I!IIII!I! Page 126 of 715 . • i • G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period,the broadened coverage will immediately apply to this policy. H. Premiums 1. All Named Insureds shown in the Declarations are jointly and severally liable and responsible for the pay- meet of all premiums. 2. The first Named Insured shown in the Declarations will be the payee of any return premiums we pay. 1. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only.At the close of each audit pe- riod we will compute the earned premium for that period.Audit premiums are due and payable on notice to the first Named Insured. if the sum of the advance and audit premiums paid for the policy period is greater than the earned premium,we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. J. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. K. Unintentional Errors or Omissions Your failure to disclose all hazards existing as of the inception date of the policy shall not prejudice you with re- spect to the coverage afforded by this policy, provided such failure or omission is not intentional. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonre- newal. i i i Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc. VIL 00102 05 i Copyright 2004,11!11!11!!111111!!111111111!1!11!1!1!11111111111!1 Page 127 of 715 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Master Agreement No: MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No.43211500-WSCA-I5-ACS This Amendment ("Amendment") effective April 1, 2017, to the Computer Equipment, Peripherals, & Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department") and Transource Service Corporation ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three (3) year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. II. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor Page 128 of 715 shall of all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CONTRACT MANAGER. Ill. Annual Appropriation.The Participating Addendum is amended to add the following: Pursuant to section 287, ., if the ACS binds the State or an agency fort purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the ACS is contingent upon an annual appropriation by the Legislature. IV. Cooperation with the Inspector General. Pursuant to subsection 20.055(5), F.&, Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractors business or financial records, documents, or files of any type or form that refer to or relate to the Contract.The Contractor will retain such records for five years after the expiration oft Contract, or the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.myfladda.com/library- arch[ves/records-management/general-records-scheduleso, whichever is longer. The Contractor agrees tori rs the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractot's compliance With the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to salaries of investigators, including overtime;travel and lodging expenses, and expert witness and documentary fees. V. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. V1. 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. VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, Transource Service Corporation Department ofManagemen By: e es �PC By: Name: Erin Rock Name: urfiscstt Title: Chief of Staff Title: NASPO ValuePoint Contract nr Date: Date: _22tjk22jj_ Page 2 of 2 Page 129 of 715 Transource/Datrium Contrac PART# BAND CATEGORY MANUFACTURER DESCRIPTION Datrium DVX Compute Node 2100, 1U, 128GB, 2x E5-6148 v5, 2x20 cores, CN2100-SYS-1 5 71151106 Datrium 2x1GbE,2x10GbE SFP+, 1+1 110OW Complete Contract Pricing List can be found at http://www.trar Page 130 of 715 t Price Summary NASPO ADD=A MINIMUM Third DELETE= D BASE LIST PRICE NASPO PRICE DISCOUNT Party PRICE REDUCED = R 10.00% $ 74,850.00 $ 67,365.00 y A isource.com/customers/NASPO_2015/defauIt.asp Page 131 of 715 Transource Services Corp SALES 2405 W. Utopia Road Phoenix, AZ 85027 QUOTATION Original 71: Quotation No.: 329564 Quotation Date: 12/06/19 Due Date: 01/06/20 Customer No.: C890637 Customer Ref. No.: Page No.: Page 1 of 1 ...�...�...�...�...�...�...�...�.�.w..,......................�.-.-.-.-.-.-.-.. �...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�.-.-.-.-..--w.-.. BILL TO SHIP TO City of Boynton Beach City of Boynton Beach Procurement Services Dept ITS Dept 3301 Quantum Blvd. Suite 101 3301 Quantum Blvd. Suite 101 Boynton Beach FL 33425 Boynton Beach FL 33426 Account Rep: Barb Sullivan Contact Name: Ship Via: Terms: Net 30 FOB: FOB Destination _..w.w....w....w.._.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w......w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w. Line Item No. Description Qty Unit Price Total ..w....w....w....w....._.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w.,...w....w....w....w.......w....w....w....w....w....w....w....w....w....w....w....w....w....w.....,._.....w....w....w....w....w....w....w....w....w....w....w....w....w....w..... 1 NVP NASPO ValuePoint MPA#MNWNC-130 1 r 2 NVP-FL State of Florida PA#43211500-WSCA-I5-ACS 1 3 TSC-ITEM Model CN2100-SYS-1, Dell R640, 1 U, 128GB,2xSKL-4114,2x10 4 $22,083.92 $88,335.68 MFR# cores/2.20 GHz,2x1GbE,2x10GbE,3Yr 4Hr DCN-1 U-CPU4114 4 Each Server configured with: Quantity 3 Option, DVX CN,Memory Upgrade,32GB DIMMs(set of 4)2666 Mhz Quantity 1 Option-DCN-1 OGB-NIC-S-2 per server Quantity 2 Option, DVX CN, 10G SFP+Optical Transceiver Module(set of 2) Quantity 1 Datrium Compute Node Vmware vSphere 6.5 Install Qyaplity 2 Option DVX CN Cache SSD 3 84TB w/Sled SBA certified"American Small Manufacturer" Subtotal $88,335.68 Shipping Tax Total Order Value $88,335.68 Remarks: Pt BlueAlly Phone: (623)879-8882 Fax: (623)879-8887 E-Mail: barbst7atransource.com Website: www.transource.com )(1 PC) Page 132 of 715 6.H. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Approve funding in the amount not too exceed $12,000 for a Commercial Rent Reimbursement Grant to LuxCorp. I nc. (Lux Salon) located at 3469 W Boynton Beach Blvd. #5, Boynton Beach, FL 33436. EXPLANATION OF REQUEST: Lux Salon is a premier hair salon that provides a personalized approach to hair care. The salon submitted a Commercial Rent Reimbursement Grant application to the Department of Economic Development and Strategy. The Commercial Rent Reimbursement Grant program offers financial assistance up to $12,000 in the form of rent payment reimbursement up to half of the business's monthly rent or $1,000 per month, whichever is less. The applicant meets all program guidelines required to be awarded funds from the Commercial Rent Reimbursement Grant Program. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As part of the City's Economic Development Gant Program, incentives have been designed to provide financial assistance to new and existing businesses during the critical first or expansion year of operation. FISCAL IMPACT: Budgeted The City Commission budgeted a maximum amount of$12,000 from account 001-2419-559-49-68. The City will reimburse on a quarterly basis. ALTERNATIVES: Approve lower funding or deny award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 133 of 715 ATTACHMENTS: Type Description D Grant Application Lux Salon Commercial Rent Reimbursement Grant Application Page 134 of 715 (D, 013/2014 City of Boynton Beach Commercial Rent Reimbursement Program Guidelines The Commercial Rent Reimbursement Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the City who are not located in the Community Redevelopment Area. The program is designed to provide financial assistance to new and existing businesses in the form of a Rent Reimbursement intended to help businesses during the critical first or expansion year of operation. I. Program The Commercial Rent Reimbursement Program offers financial assistance in the form of rent payment reimbursement for up to half of the business's monthly rent or $1,000.00 per month, whichever is less. The time period of eligibility for assistance is up to twelve months within the first eighteen months of a multi-year lease. The maximum total reimbursement per business is $12,000.00. Commercial Rent Reimbursement Program funding may be budgeted annually and will be awarded on a first-come, first-serve basis. All applications are subject to City Commission approval. Making application to the program is not a guarantee of funding. II Ehoibilit Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Reimbursement Program: 1. The business location must be within the City limits, in Commercial, Industrial or Suburban Mixed-Use districts, excluding those within the Community Redevelopment Area (see attached map). 2. The business must have or obtain a Business Tax Receipt to operate within the City of Boynton Beach and Palm Beach County and must provide proof that the business is properly licensed by all necessary level of government and professional agencies or associations. 3. A new business venture is defined as a company in operation for less than six months or is relocating to Boynton Beach. 4. An existing business is defined as being in operation for more than six months at the time of application. Page 1 of 9 100 E.Boynton Beach Blvd P.O.Box 310 Boynton Beach,FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 Initials S Page 135 of 715 5. An existing business must expand to occupy more than thirty percent(30%) of its current square footage size, or add a minimum of one (1) additional employee. If an additional employee will be hired, the applicant shall be required to pay at least $17.33 which is 10% higher than Palm Beach County's median wage. The Verification of this threshold must be provided in the application package. 6. Applicant must have a proposed or executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 or 1099 contracted employees whose wages are reported to the state and federal government; a Position occupied by the business owner may count toward one of the required job Positions. For the purposes of this grant, a full time equivalent employee (FTE) is defined as working a minimum of 2,080 annual hours at or above the prevailing Federal minimum wage. 8. The Applicant's Experian consumer report must reflect an acceptable level of financial stability, within the sole discretion of the City, as an eligibility requirement for funding. III. Ineligible Businesses & Conditions Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of the City grant funding. The Cite considers the followin I i to be sublettin 01111rilif business esti tv in which the a rant reciliDient is not listed as thill Iistered a ent _owner officer or director of said business and b lists its _lace of business as the leased remises of the rant reci ient and c has obtained_a business tax re_cei t from the Cit of Bo nton Beach for the rant reci Tent's leased oremises or an Dart thereof The following businesses are considered ineli ft for assistance under the Commercial Rent Reimbursement Program: a. Non-profit or not-for-profit entities b. Businesses that employ less than two full-time equivalent W-2 employees or 1099 contracted employees. C. Businesses who do not report employees' wages to the State of Department of Revenue. d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. IV. Grant Terms and Conditions Applicant must be a tenant and have a proposed or executed multi-year lease (two year minimum). The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. Page 2 of 9 100 E.Boynton Beach Blvd P.O.Box 310 Boynton Beach,FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 °�«�tea- Initials S Page 136 of 715 • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. • Insurance requirements. • Conditions/ability of lease termination. • Consequences of default on the lease. Rent reimbursements will not be paid until all construction has ended, certificate of use, business tax receipt are issued (City and County), and the business in open for operation. The City will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the Landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the City neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The Commercial Rent Reimbursement program may only be used one time by any one specific business entity or business owner. The City reserves the right to approve or deny any Commercial Rent Reimbursement Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the City. The receipt of past payments is not a guarantee of future reimbursement payments. V. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with Development Department staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the City's Development Department. Application packets must include the following documentation: 1. Complete and signed application. 2. W9 Form (attached to grant application). 3. Copy of all business tax receipts (City and County). 4. Copy of the corporate documents for the applying business entity. 5. Copy of executed or proposed multi-year commercial lease agreement. 6. Resume or qualifications including, experience and track records of each business owner describing prior experience. Page 3 of 9 100 E.Boynton Beach Blvd P.O.Box 310 Boynton Beach,FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 Initials Page 137 of 715 7. T ( ) years Of corporater ( r existing 8. Two ( ) years of personal tax returns for usinn ew 9. List of jobs to be created including job des • o ns, Pay rangeand weeklysc u! r existing businesses, vi list all current siti including jcri tin , pay range 1 weeklyschedule. For business expansion, COPY of design/floor plans r construction planscit i t r improvements, i is iexisting andrs square size (expansion i minimumexisting) Approval of Funding —Once eligibilityis verified n bee _ all required documentation submitted, i ill r in request i Commission r _r o v be Itift i it application will r t iCommission. It is T it Commissionfir it Tuesdayf c t Applicant °IIrecommended Applicant r Commission tin i orderanswerYquesti Commission y regarding it applCityication.li oapproval denial i riti ill i the withinapp ed leases Must be executed ini i r rhe rant awardis terminated. . L Procedures for Reimb Quartedy Rent Reimbursement Rent Reimbursementill be reimbursed t r t recipient quarterlybasis begini first full month that t business is open for operations subsequent to CityCommission approval. maximum ftwelve (1 ) c iv l r is 11reimbursed t ther applicant. be By tin grant, the applicant agrees comply 't quarterly reporting requirement Of tProviding i i proof toy reporting r t four consecutivequarters in the grantr v I. r is verifyrequired j Positionsr rl fulfilled n i ined. Each report shall be made withint ( ) days of the start applicable quarter, following the initial r i urs t request, In order to receive rf rent reir sement the r r that quarter's reimbursement r lic t it urspaymentlwith: written I. Written request for reimbursement. 2. Proof rent Payment (i.e. copies t ont and r is r i urs o II r n s r r f fr c sit}. • For - If i I employees, timely Floridaof Revenue Employers ME- for each consecutivequarter Must be submitted. Forsole PrOPrietorshi ,cancelledrshi ' -c r i 1 t li i t Iary checks or Proof of direct depositsr Page 4 of 100 E.BOYntoneach Blvd P.O. o 310 BOYnton Beach33425-0310 Phone 561-742-6350 Fax 561-742-6357 Initials `�age 138 of 715 each full time/full time equivalent employee for each month within that specific quarter If a 11cant does not submit _its uarterl reimbursement reliuest with a co of its uarterl UCT-6 farm within thirt 30 da s folinwinn the end of the uarter in which a licant is re uestin reimbursement a licant forfeits that uarter's reimbursement. Site Visits— City staff will conduct a site visit before reimbursement payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits Periodically in order to ensure compliance with the terms of the grant agreement. Discontinuation of Payment — The receipt of past payments is no guarantee of future payments. The City retains the right to discontinue Rent Reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Page 5 of 9 100 E.Boynton Beach Blvd P.O.Box 310 Boynton Beach,FL 33425-0310 Phone 561-742-6350 Fax 561-7426357 Initials Vs Page 139 of 715 b ie 2013/2014 City of Boynton Beach Commercial RentReimbursement (Please Type or Print only Program pp'jCation —use Additional sheets if Necessary) BUSINESS INFORMATION: Applicant's Name: Applicant's Mailin dress: �Ad�� Business Name (D/B/A i applicable): 3 Current Busine11 ss Address: 3 c or, ' L o e-, p Phone: t - _ Email: Fax: ton ' IN Months/y ars Current ocation: Fed ID#_ 3 ! New Business to Boynton Beach: Yes No" 5 Do you have an executed lease agreement?yes New Business Address (if applicable ): - NO— Monthly Rent: Existing Business: Yes Square footage of exis - No Number of years in existence: sting location Type of Business: (Square footage of new location Number of Employees: ILLQL Hours of., ratiori Are you applying for grant assistance under other peogram offers I n Yes � ` �✓� �� 4-S No� If yes, what additional programs are you applying or.the City? Are you receivin Nom g grant assistance from any other governmental agencies? Yes If yes, list any aditional grant sources and amounts: Page 6 of 9 100 E.Boynton Beach Blvd P.O.Box 310 Boynton Beach,FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 Qkg Initialsage 140 of 715 CERTIFICATION AND WAIVER OF PRIVACY: cantPresented in this application, and all of s) certify that all information the information furnished in support of the application, is given for the Purpose of grant under the City of Boynton Beach Commercial I I, the undersigned, appli complete to the best of the applicant(s) knowledge and belief. Theanterior Build-Out Program, and it is true and p obtaining a that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment making false statements or presenting false information. I f pp►°cant(s) further certifies and understand the terms and conditions set forth and described in the Ci urther acknowledge that I have read for Commercial Interior Build-Out Program Guidelines. ty of Boynton Beach I understand that this application is not a guarantee of grant assistance. Should be approved, I understand that the City may at its sole discretion discontinue subs' at any time if in its sole and absolute determination it feels such assistance my application Program criteria or is no longer benefiting the furtherance of the Cit missionno longer meets the subsidy payments Y . the City of Boynton Beach, its agents and contractors to examine an I hereby waive my rights under the privacy and confidentiality provision act consent to Y bank, confi , employer or other information given herein. I further grant permission, and authorize an b ' and give my public or private agency to disclose information deemed necessary to complete y dentia) I give permission to the City or its agents to take photos of myself and business this application. Promote the program. Hess to be used to I understand that if this application and the information furnished in support of the are found to be incomplete, it will not be processed. e application SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of Program Application and Guidelines. the Grant dPrin -ippal/Ownees Signature l 3 'S , Date Printed Name Title ri d'pal/Owned ' ure` Date P nted Name - ,r. r,f Title Principal/ _ ner's Signature Date Printed Name Title Page 7 of 9 100 E.Boynton Beach Blvd P.O.Box 310 Boynton Beach,FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 Bal% z m _r Initials age 141 of 715 NOTARY Notary as to Principal/Owner's Signatures. Multiple Notary pages may be used if signing individually. STATE OF _ 1,U COUNTY OF_ q/ j j , BEFORE ME, an officer duly authorized by lawt��cc�� administer oaths and take acknowledgements, personally /5�2P...�c. s`n7�7J) who is n rsonal�� knrn.,., appeared produced — to me or - as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set County aforesaid on this /3 N m hand and official seal in the State and day of ,h n 2019. (Notary seal/stamp) STATE O FOPWA NOTARY PUBLIC Cann*FFOWN My Commission Expires: EA"513140M3c.7r Page 8 of 9 100 E.Boynton Beach Blvd P.O.Box 310 Boynton Beach,FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 WW1 . w .a Initials <<S Page 142 of 715 SUBMISSION OF AN APPLICATtOlhf IS NOT A QUARAMME OF FU It is the responsibility of the applicant to READ AND UNDERSTAND all aspects Pmgrsm Applica ' and Guidelines. of the Grant m 6r Cle Landlord/Property Owner's Signature ro Date Printed Name Title STATE OF ' , .t- COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowiedgements, personally °" appeared produced ' wha is personally known to me or as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set nay hand and official seal in the State and County aforesaid on this day of 20 O�� 4 .31b�'•• (Notary sealtstamp) ,�o��'.,ao��srid~•�s',: • yp req .y.w X470Z, .yWop AV4 C Nar �. ► f.o d fig .•• nny co�,�s '� Page 9of9 100 E. Boynton Beach Blvd P.O. Boa 310 Boynton Beach,FL 33425-0310 Phone 511-742-6350 Fax 561-742-6357 www.huvntan-hcach c lnitinls Page 143 of 715 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNtXNG It is the responsibility of the applicant to READ D UNDERSTAND all es ects of the Grant Program Application and Guidelines. CcC Landlord/Property Owner's Signature 9 Printed ..,.. .�__...�1-,... Title STATE OF COUNTY OFt _... BEFORE acknovWedgem ro an officer duly authorized )_ tadminister nth t 4 rs ii ake Ak- .. appeared produced i s i)y t executed the foregoing r nt F r t � .w s i t` i ti �a, n acknowledged se and irr tri t is i herpurposes nice in it n t the IN WITNESS1 set hand t fori tis f official s the State and y (Notaryseal/stamp) t!9L L °SPD My Co R e� Ir s; Page 9 at, N)E Boynton 1 caac s oltj �&Box i io Bovntan Beach,1-t. 33415-0-110 Phone Fax '-742a Initials age 144 of 715 6.1. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-165- Authorize the Interlocal agreement between CRA and the City for reimbursement of funding of furniture and relocation services into the new City Hall in the amount of $115,000.00. EXPLANATION OF REQUEST: Beginning in June 2017, the Boynton Beach CRA and the City of Boynton Beach entered into three I nterlocal Agreements (I LAs)for the joint funding of the Public-Private Partnership (P3) Project known as Town Square. Under these I LAs, Boynton Beach CRA funding was obligated for the construction of the new City Hall & Library building, renovation of the Historic High School, public open & event spaces, public parking and infrastructure (see Attachment 1). As approved by the Boynton Beach CRA Board in September 2019, the current 2019-2020 Fiscal Year Budget includes funding for the purchase of furniture and furnishings along with relocation expenses associated with the Agency's relocation into the fourth floor of the new City Hall building once completed. The City of Boynton Beach has engaged the services of J.C. White, I nc. for the design, production, and installation of all of the new furniture and will be funding the portion being constructed for the Boynton Beach CRA's office space. In order to reimburse the City of Boynton Beach for the furniture and relocation expenses applicable to the Boynton Beach CRA, the two entities will need to enter into an ILA agreeing to the terms of the funding reimbursement(see Attachment 11). The amount of Boynton Beach CRA funding obligated under the I LA is an amount not to exceed One Hundred Fifteen Thousand dollars ($115,000). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provide reimbursement of funding for CRA's move to City Hall. FISCAL IMPACT: Budgeted Fiscal Year 2019-2020 Budget, Account#302-4121-580.63-00 Project #TSHS01 ALTERNATIVES: Not approve the I nterlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for the funding reimbursement for the CRA's furniture and other necessary, related and eligible relocation expenses incurred by the City of Boynton Beach on behalf of the Boynton Beach CRA. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 145 of 715 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution approving I LA with C RA for D Resolution reimbursement funding of furnishings and relocation services into new City Hall building D Attachment Attachment I I ® I nterlocal Agreement for Reimbursement of Furniture Expenses D Addendum Attachment I ® Resolutions & I nterlocal Agreements Page 146 of 715 I RESOLUTION NO. R19- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY FOR 7 REIMBURSEMENT OF FUNDING OF FURNITURE AND 8 RELOCATION SERVICES INTO THE NEW CITY HALL IN AN 9 AMOUNT NOT TO EXCEED $115,000.00; AND PROVIDING AN 10 EFFECTIVE DATE. 11 WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) has 12 budgeted funding for the purchase of furniture and furnishings along with relocation expenses 13 associated with the Agency's relocation into the fourth floor of the new City Hall building; and 14 WHEREAS, the City has engaged the services of J.C. White, Inc., for the design, 15 production and installation of all of the new furniture and will be funding the portion being 16 constructed for the Boynton Beach CRA office space; and 17 WHEREAS, the Interlocal Agreement is required for the terms of the funding 18 reimbursement in an amount not to exceed $115,000.00; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve and 21 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 22 Redevelopment Agency to provide funding in an amount not to exceed $115,000.00 for the 23 reimbursement of funding for furniture and relocation services into the new City Hall. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\ILA With CRA For Funding For Relocation And Furniture-Reso.Docx Page 147 of 715 26 Section 1. Each Whereas clause set forth above is true and correct and incorporated 27 herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 29 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 30 Beach and the Boynton Beach Community Redevelopment Agency to provide funding in an 31 amount not to exceed$115,000.00 for the reimbursement of funding for furniture and relocation 32 services into the new City Hall,a copy of said Interlocal Agreement is attached hereto as Exhibit 33 "A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of December, 2019. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Justin Katz 43 44 Commissioner—Mack McCray 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Ty Penserga 49 50 VOTE 51 ATTEST: 52 53 54 55 Crystal Gibson, MMC 56 City Clerk 57 58 59 (Corporate Seal) 60 S:\CA\RESO\Agreements\ILA With CRA For Funding For Relocation And Furniture-Reso.Docx Page 148 of 715 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN FURNITURE AND RELOCATION EXPENSES AS PART OF THE TOWN SQUARE PROJECT THIS AGREEMENT is made this day of , 2019 by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA"). The CRA and the City may be referred to individually as a "Party" and collectively as the"Parties." WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard District as those Districts are described in the Plan; and WHEREAS, the City is undertaking a project known as the Town Square Redevelopment Project ("Project"), which falls within the CRA boundaries, and more specifically, in the Cultural District and the Boynton Beach Boulevard District; and WHEREAS, the CRA is providing funding for certain, specified portions of the Project; and WHEREAS,the CRA will be relocating into the new City Hall being built as part of the Project; and WHEREAS, the CRA will be terminating its lease at its current location and will require furniture at its new location within the new City Hall; and 01218168-1 Page 149 of 715 WHEREAS, the CRA's relocation into the new City Hall and the associated procurement and installation of furniture for the use by the CRA will occur as part of the Project; and WHEREAS, Section 163.387(6)(c)(1), Florida Statutes allows for the payment of administrative and overhead expenses directly and indirectly necessary to implement the Plan, into which category the Board has determined that office furniture and relocation expenses fall; and WHEREAS, the Project as a whole furthers the CRA's Community Redevelopment Plan("Plan")because the Project will help prevent and eliminate slum and blight within the Redevelopment Area, and will provide the opportunity to redevelop the area within the Project("Project Area") in accordance with the Plan; and WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making certain expenditures; and WHEREAS,the CRA desires to reimburse the City for certain expenses related to the Project that are not prohibited by the Florida Statutes; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds to implement a portion of the Project is consistent with the Plan and Florida Statutes; and WHEREAS, the CRA and the City find that this funding agreement serves a municipal and public purpose, furthers the Plan, and is in the best interest of the health, safety, and welfare of the residents and business owners within the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows: 01218168-1 Page 150 of 715 1. Recitals. The recitals set forth above are hereby incorporated herein. 2. Obligations of the CRA. The CRA shall provide funding to the City in an amount not to exceed $115,000 to be used for reimbursement of costs for furniture and certain relocation expenses associated with the CRA's relocation into City Hall as part of the Project,which funds shall not be used for purposes prohibited by § 163.370(3),Florida Statutes. Upon receipt of a complete, written request from the City meeting the requirements of this paragraph, the CRA shall make payments to the City upon written request by the City for the reimbursement of furniture and direct expenses related to relocation of the CRA into the new City Hall as part of the Project. In order to be deemed complete, the written request from the City for payment must include copies of receipts and invoices directly associated with the relocation of the CRA indicating the amount and the purpose for the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty(30) days of receipt of a complete request from the City. 3. Obligations of the City. a. The City shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. At the same time it submits any request for reimbursement, the City shall provide a written report to the CRA documenting the status of the furniture procurement and installation, and those portions of the Project related to the CRA's relocation. c. The City shall be responsible for overseeing the Project and contracting entities as necessary to effectuate the Project, but shall coordinate with 01218168-1 Page 151 of 715 the CRA concerning furniture procurement and installation, matters pertaining to the CRA's relocation, and compliance with the Plan. d. Upon request from the CRA or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the City shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with § 163.370(3), Florida Statutes. 4. The Parties agree that this Agreement only obligates the CRA to provide reimbursement for the items and under the terms provided for in this Agreement, and the CRA shall not otherwise be responsible for effectuating the procurement or installation of furniture or any other portion of the Project. 5. The City shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Project. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the City to indemnify the CRA for its own negligence,or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury 01218169-1 Page 152 of 715 and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 6. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and shall terminate on December 31, 2020 ("Termination Date"). The CRA shall not be required to reimburse the City for any requests submitted after the Termination Date. The term of the Agreement may be extended one time for a period of one year and may only be extended by the Executive Director and upon the appropriation of CRA funds for intended purposes of this Agreement in the subsequent fiscal year's budget. Such extension is only effective upon the execution of a written amendment signed by both Parties. Nothing in this paragraph shall be construed so as to affect a Parry's right to terminate this Agreement in accordance with other provisions in this Agreement. 7. Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Parry shall have access to the other Party's books,records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 8. Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 9. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after 01218168-1 Page 153 of 715 receipt of written notice of such default from the other Parry, the Party giving notice of default may terminate this Agreement through written notice to the other Party, and may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents of the City and Redevelopment Area. Failure of any Parry to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 10. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 11. Compliance with Laws. The City and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 12. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 01218168-1 Page 154 of 715 13. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end, this Agreement is declared severable. 14. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County,Florida,or, if in federal court,in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 15. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 16. Notice. Whenever either Parry desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Parry for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. 01218168-1 Page 155 of 715 CITY: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 17. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Parry. 18. Interpretation. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. 01218168-1 Page 156 of 715 IN WITNESS WHEREOF, the City and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Crystal Gibson, City Clerk Steven B. Grant, Mayor Approved as to Form: (SEAL) Office of the City Attorney Approved as to rm: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair 01218168-1 Page 157 of 715 1 RESOLUTION NO. R17-_�� 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE PHASE 1 SERVICES 5 AGREEMENT WITH E2L REAL ESTATE SOLUTIONS, 6 LLC FOR THE DEVELOPMENT OF THE TOWN 7 SQUARE PROPERTY; AUTHORIZING THE MAYOR 8 TO SIGN THE AGREEMENT; AND PROVIDING FOR 9 AN EFFECTIVE DATE. 10 11 WHEREAS,the City of Boynton Beach(the"City")issued Request for Qualifications 12 for the City of Boynton Beach Town Square Redevelopment RFQ No. 004-1210-17/JMA(the 13 "RFQ") for the planning, developing, financing, and completing of certain public 14 improvements and private improvements for redevelopment of an approximately 16 acre site 15 described as the Boynton Beach Town Square Project (the "Project"); and 16 WHEREAS,E2L Real Estate Solutions,LLC,a Florida limited liability company, (the 17 "Company") submitted a response to the RFQ on March 9, 2017, and was selected as the 18 successful proposer; and 19 WHEREAS, the Company, pursuant to the Phase 1 Services Agreement, which is 20 attached hereto as Exhibit"A", (the "Agreement") shall provide the specific Phase 1 Services 21 as identified in the Agreement with respect to the planning, developing, financing, and 22 completing of the Project; and 23 WHEREAS, the public improvements components to be developed pursuant to the 24 Agreement include the following: a new City Hall, a new Police Station, a new Fire Station 25 #1, a new public parking ramp, public park and open space improvements, and infrastructure 26 improvements throughout the Project(together,the "Municipal Improvements"; and 27 WHEREAS, the RFQ included a request to provide renovations and improvements to 28 a historic High School Building located on East Ocean Avenue east of Seacrest Boulevard in 29 the City (the "High School Improvements"); and (00187240.1 306-9001821) Page 158 of 71 30 WHEREAS,the RFQ included a request to provide other privately owned commercial 31 and residential developments to be constructed on land in the Project currently owned or 32 controlled by the City (the "Private Improvements"); and 33 WHEREAS, as part of the Agreement, the City Commission agrees, by separate 34 resolution,to budget and appropriate as a separate budgetary line item, funds sufficient to pay 35 the Company for the Phase 1 Services, which include the development of plans for the 36 Municipal Improvements, High School Improvements, Private Improvements, as well as 37 stabilization of the High School, as provided in the Agreement; and 38 WHEREAS,City Staff has reviewed the Company's response and the Agreement, and 39 recommends that the Commission approve the service agreement. 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 41 THE CITY OF BOYNTON BEACH,FLORIDA, THAT: 42 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 43 ratified and confirmed by the City Commission. 44 Section 2. The City Commission hereby approves the Town Square 45 Redevelopment Phase 1 Services Agreement with E21, Real Estate Solutions, LLC (the 46 "Agreement"). 47 Section 3. The Mayor is authorized to sign the Agreement with E21, Real Estate 48 Solutions,LLC, following final review and approval by the City Attorney, and to take any and 49 all actions necessary to implement the Agreement,a copy of which is attached hereto as Exhibit 50 "A". 51 Section 4. That this Resolution will become effective immediately upon passage. 52 (00187240.1306-9001821) Page 159 of 71 53 PASSED AND ADOPTED this /-�—A day of �L�i`( , 2017. 54 CITY OF BOYNTON BEACH,FLORIDA 55 YES NO 56 57 Mayor—Steven B. Grant 58 � 59 Vice Mayor—Justin Katz 60 61 Commissioner—Mack McCray 62 63 Commissioner—Christina L. Romelus 64 65 Commissioner—Joe Casello V 66 67 68 � 69 VOTE 7o ATTEST: 71 72 73 Com[ 74 tJ (ddiffh A. Pyle, CM 75 It Clerk 76 77 (Corporate Seal) {00187240.1306-9001821} Page 160 of 71 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE TOWN SQUARE PROJECT THIS AGREEMENT is made this V1 day of , 2017 by ,and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard District as those Districts are described in the Plan; and WHEREAS, the City and the CRA desire to provide funding for a project known as the Town Square Redevelopment Project ("Project"), which falls within the CRA boundaries, and more specifically, in the Cultural District and the Boynton Beach Boulevard District;and WHEREAS, the City has contracted with E2L, LLC for the Project under the "Town Square Project-Phase I Services Agreement;" and WHEREAS, the Project furthers the CRA's Community Redevelopment Plan ("Plan") because the Project will help prevent and eliminate slum and blight within the Redevelopment Area, and will provide the opportunity to redevelop the area within the Project("Project Area") in accordance with the Plan; and WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making certain expenditures; and 9� :� Ind i!big MA '� ! -40 Alto 00824643-1 Page 161 of 715 WHEREAS,the CRA desires to reimburse the City for certain expenses related to the Project that are not prohibited by the Florida Statutes; and WHEREAS,the CRA Board finds that this Agreement, and the use of the CRA's funds to implement a portion of the Project is consistent with the Community Redevelopment Plan and Florida Statutes; and WHEREAS, the CRA and the City find that this funding agreement serves a municipal and public purpose, furthers the Plan, and is in the best interest of the health, safety, and welfare of the residents and business owners within the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated.herein. 2. Obligations of the CRA. The CRA shall provide funding to the City in the maximum amount of $2,100,000 to be used for reimbursement of certain costs not prohibited by § 163.370(3), Florida Statutes after receipt of a request meeting the requirements of this paragraph. Upon receipt of a complete,written request from the City, the CRA shall make payments to the City on a quarterly basis for the reimbursement of direct expenses related to the Project related activities consistent with the Plan: In order to be deemed complete,the written request from the City for payment must include copies of receipts and invoices indicating the amount and the purpose for the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty(30) days of receipt of a complete request from the City. 3. Obligations of the City. 00824643-1 Page 162 of 715 a. The City shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The City shall ensure that the Project is designed and constructed in compliance with the Plan. c. On a quarterly basis, at the same time it submits any request for reimbursement, the City shall provide a written report to the CRA documenting the status of the Project and the compliance of the Project with the Plan. d. The City shall be responsible for overseeing the Project and contracting with EM, LLC and other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. e. Upon request from the CRA or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the City shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with § 163.370(3), Florida Statutes. 4. The Parties agree that the CRA shall be responsible only for providing reimbursement for certain expenses for the Project, as more specifically identified in Exhibit A, and shall not otherwise be responsible for effectuating the Project. 5. The City shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its 00824643-1 Page 163 of 715 employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Project. Nothing in this Agreement shall be deemed to affect the rights,privileges,and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the City to indemnify the CRA for its own negligence,or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 6. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and shall terminate on September 30, 2018 ("Termination Date"). The CRA shall not be required to reimburse the City for any requests submitted after the Termination Date. The term of the Agreement may be extended one time for a period of one year and may only be extended upon approval by the CRA Board and upon the appropriation of CRA"funds for intended purposes of this Agreement in the subsequent fiscal year's budget. Such extension is only effective upon the execution of,a written amendment signed by both Parties. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 7, Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. 00824643-1 Page 164 of 715 Each Party shall have access to the other Party's books,records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 8. Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 9. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party, and may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents of the City and Redevelopment Area. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights.No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 10. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 11. Compliance with Laws. The City and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 00824643-1 Page 165 of 715 12. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 13. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end, this Agreement is declared severable.. 14. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County,Florida,or, if in federal court,in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 15. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 00824643-1 Page 166 of 715 16. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail,return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Michael Simon, Interim Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 Tara Duhy,Esquire Lewis, Longman & Walker,P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach,Florida 33401 17. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 00824643-1 Page 167 of 715 18. Interpretation. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. IN WITNESS WHEREOF, the City and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corpor By #th Pyle, City Cle& Steven B. Grant,Mayor Approved as to Form: (SEAL) Office of the City Attorney Appro�ved a to �`orm: BOYNTON BEACH COMMUNITY / REDEVELOPMENT A NCY By: Of ice of the CRA Attorney Steven B. Grant, Chair 00824643-I Page 168 of 715 INTERLOCAL AGREEMENT BETWEEN THE CITY F BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY DEVELOP NT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE TOWN SQUARE PROJECT THIS AGREEMENT is made this day of 2018 by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation,("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA")(individually and collectively,the"Party"or"Parties") WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan") calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard District as those Districts are described in the Plan; and WHEREAS,the City and the CRA desire to provide funding for a project known as the Town Square Redevelopment Project ("Project"), which falls within the CRA boundaries, and more specifically, in the Cultural District and the Boynton Beach Boulevard District; and WHEREAS, the City contracted with E2L, LLC for the Project under the "Town Square Project-Phase 1 Services Agreement;"and that is now completed; and WHEREAS, the City has decided to move forward with Town Square-Phase 2, which includes construction and financing of the Project;and WHEREAS, the Project furthers the CRA's Community Redevelopment Plan ("Plan") because the Project will help prevent and eliminate slum and blight within the Redevelopment Area, and will provide the opportunity to redevelop the area within the Project("Project Area") in accordance with the Plan; and 00924643.1 Page 169 of 715 WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making certain expenditures; and WHEREAS,the Palm Beach Board of County Commissioners at their January 17, 2018 meeting, approved the City and CRA's request to permit CRA funds to be used for the Project; and WHEREAS,the CRA desires to reimburse the City for certain expenses related to the Project that are not prohibited by the Florida Statutes; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds to implement the Project to be consistent with the Plan and Florida Statutes; and WHEREAS, the CRA and the City find that this funding agreement serves a municipal and public purpose, furthers the Plan, and is in the best interest of the health, safety, and welfare of the residents and business owners within the Community Redevelopment Area; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the Parties hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the City in an amount not too exceed $3,700,000 per fiscal year beginning with FY 2018/19 thru FY 2043/44, consistent with the terms of this Agreement, to be used for reimbursement of certain costs not prohibited by § 163.370(3), Florida Statutes. b. The CRA's obligation to provide funding to the City is contingent upon 00824643.1 Page 170 of 715 i. The inclusion of the funding in the CRA's approved Budget for the given fiscal year, and ii. The CRA's receipt of sufficient Tax Increment Revenue each fiscal year to fund the Project up to $3,700,000 in any given fiscal year after all preexisting funding obligations of the CRA are met. 3. Obligations of the City. a. The City shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibitcd by law. b. The City shall ensure that the Project is designed and constructed in compliance with the Plan. c. The City shall be responsible for overseeing the Project and contracting with E2L,LLC and other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the City shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with § 163.370(3), Florida Statutes. 4. Annual Budget Request. a. As a prerequisite for receiving funding in any given year pursuant to this Agreement, no later than the last day of April every year through ON24643-1 Page 171 of 715 the life of this Agreement, the City shall provide the CRA with an Annual Budget Request. b. Consistent with the terms of this Agreement, the Annual Budget Request shall state the amount of funding the City is requesting the CRA include for the Project in its budget for the subsequent fiscal year. e. The Annual Budget Request shall also include a summary of the portions of the Project for which the funding is requested to ensure CRA funds are not used for any purposes prohibited by§ 163.370(3),Florida Statutes,or any other law. d. The first Annual Budget Request shall be due on April 30, 2018, for funds to be include in the CRA's budget for the 2018/2019 fiscal year. e. Upon receipt of the timely submitted Annual Budget Request,the CRA shall include the funding amount requested in its proposed Budget to be considered for approval by the CRA Board. S. Reimbursement of Funds a. The CRA shall disburse funding to the City annually for the reimbursement of direct expenses related to the Project consistent with the Plan and the terms of this Agreement. b. The amount of funding disbursed to the City shall not exceed the amount included for the Project in the CRA's approved Budget for the given fiscal year. c. The City shall provide a written request for reimbursement ("Reimbursement Request")to the CRA no later than September 1St of each year,which shall include the following information: 00924443_, Page 172 of 715 i. A summary of the status of the Project; ii. A statement and evidence that the Project is in compliance with the Plan. iii. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the City for the Project for which the City is seeking reimbursement that year. d. Upon receipt of a Request for Reimbursement from the City meeting the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the City within thirty(30)days of receipt of the Request for Reimbursement. 6. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall be responsible to the City for providing reimbursement for eligible expenses for the Project only, and shall not otherwise be responsible for effectuating the Project. 7. Indemnification. The City shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted,claimed,or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the City to indemnify the CRA 00R24643-1 Page 173 of 715 for its own negligence,or intentional acts of the CRA,its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers,employees and agents. 8. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and shall terminate on I September 30, 2044 ("Termination Date"). The CRA shall not be required to reimburse j the City for any requests submitted after the Termination Date. The term of the Agreement may be extended one time for a period of one year and may only be extended upon approval by the CRA Board and upon the appropriation of CRA funds for intended purposes of this Agreement in the subsequent fiscal year's budget. Such extension is only effective upon the execution of a written amendment signed by both Parties. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 9. Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses,and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books,records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 10. Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes OOVA"3-1 Page 174 of 715 11. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party, and may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents of the City and Redevelopment Area. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 12. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 13. Compliance with Laws. The City and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 14. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the 00924643-1 Page 175 of 715 terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 15. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end,this Agreement is declared severable. 16. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County,Florida,or,if in federal court,in the United States District Court for the Southern District of Florida, to which the Parries expressly agree and submit. 17. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 18. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail,return receipt requested,courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. 0OR24 3.1 Page 176 of 715 CITY. Lori LaVerriere,City Manager City of Boynton Beach 100 E.Boynton Beach Boulevard Boynton Beach,FL 33435 CRA: Michael Simon,Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach,Florida 33435 Copies To: James A.Cherof Goren,Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 Tara.Duhy,Esquire Lewis,Longman&Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach,Florida 33401 19. No Transfer.The Parties shall not,in whole or in part,subcontract,assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 20. Interpretation. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. 06824643-1 Page 177 of 715 IN WITNESS NMEREOF, the City and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST CITY OF BOYNTON BEACH, a Florida municipal corporation Ju.tli Pyle, City Clerk g Steven B. Grant,Mayor f Approves as to Vorm: L k (SEAL) s Office of the City orney Approved as to F6rm: BOYNTON BEACH COMMUNITY REDEVELOP 1N'1.A NCY Office of the CRA Attorney Stev. Grant, Chair 00824549-1 Page 178 of 715 EXHIBIT 6 6A 9 Anticipated r Fiscal Yr CRA 2018/19 3,700,000 2019/20 3,700,000 2020/21 3,700,000 R 2021/22 3,550,000 2022/23 3,550,000 2023/24 3,550,000 2024/25 3,550,000 2025/26 3,550,000 2026/27 2,800,000 2027/28 2,800,000 2028/29 2,800,000 2029/30 2,800,000 2030/31 2,800,000 2031/32 2,800,000 2032/33 2,800,000 2033/34 2,800,000 2034/35 2,800,000 2035/36 2,800,000 2036/37 2,800,000 2037/38 2,800,000 2038/39 2,800,000 2039/40 2,800,000 2040/41 2,800,000 2041/42 2,800,000 2042/43 2,800,000 2043/44 2,800,000 2044/45 0 79,250,000 MRa4M3-i Page 179 of 715 1 RESOLUTION NO.R18-041 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY FOR FUNDING CERTAIN 7 PORTIONS OF THE TOWN SQUARE PROJECT; AND 8 PROVIDING AN EFFECTIVE DATE. 9 WHEREAS; the City and the CRA desire to provide funding for a project known as 10 Town. Square Redevelopment Project which falls within the CRA boundaries and more 11 specifically within the Cultural District and the Boynton beach Boulevard Districts; and 12 WHEREAS,the Town Square project furthers the CRA's Community Redevelopment 13 Plan to prevent and eliminate slum and blight within the Redevelopment Area; and 14 WHEREAS, the this Interlocal Agreement outlines the CRA annual funding 15 commitment for the Town Square Proeject beginning with fiscal year 2018/19 through 2043/44. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON REACH,FLORIDA,THAT: 18 Section 1. Each Whereas clause set forth above is true and correct and incorporated 19 herein by this reference. 20 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 21 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 22 Beach and the Boynton Beach Community Redevelopment Agency for CRA funding of 23 portions of the Town Square Project, a copy of said Interlocal Agreement is attached hereto as 24 Exhibit"A". N. 25 Section 3. That this Resolution shall become effective immediately upon passage. Page 180 0 715 26 PASSED AND ADOPTED this 13'day of March,2018. 27 CITY OF BOYNTON BEACH,FLORIDA 28 29 YES NO so 31 Mayor—Steven B. Grant 32 33 Vice Mayor—Justin Katz 34 35 Commissioner—Mask McCray .� 36 37 Commissioner—Christina L.Rornelus 38 39 Commissioner—Joe Casello 40 41 VOTE 42 ATTEST: 43 44 r 45 d 46 J 'h A. Pyle,CMC 47 } Clerk 48 49 50 (City Seal) 51 Page 181 of 715 6.J. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Authorize the City Manager to implement proposed changes in purchasing thresholds pursuant to Chapter 10 of the City's Administrative Policy Manual. EXPLANATION OF REQUEST: The City's Finance Department has been reviewing the City's Administrative Policy Manual with respect to Chapter 10: Purchasing Policies over the last several months. In our review, staff determined that increasing the bid purchasing thresholds for regular Purchase Orders from$25,000 to $35,000 and construction Purchase Orders from$75,000 to $100,000 would significantly decrease staff time spent soliciting bids. For a typical RFP or bid, staff time can range from 15-20 hours minimum spent on advertising, identifying the scope of work, reviewing proposals, mandatory site visits, selection committee meetings, submitting the recommendation to Commission and getting contracts executed. In the last 3 years the City has seen a trend increase in Purchase Order and Construction Purchase Orders issued between these threshold limits. Fiscal Year Regular Purchase Construction Purchase Orders Orders FY 18/19 421ssued 231ssued FY 17/18 37 Issued 22 Issued FY 16/17 30 Issued 16 Issued Changing the current thresholds could potentially reduce staff time at a minimum by 400 hours. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? With the reduction in hours spent issuing bids, this will give our Procurement Division the opportunity to facilitate stronger oversight in contract management, create more efficiencies within the department and allow staff to assist other City departments more effectively with their procurement needs or initiatives. FISCAL IMPACT: Budgeted N/A ALTERNATIVES: Do not implement change in Purchasing thresholds. STRATEGIC PLAN: Page 182 of 715 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving changes to purchasing thresholds D Attachment Bids between $25k& $35k last 3 years D Attachment Bids between $75k& $1 00k last 3 years D Attachment Comparative Thresholds Page 183 of 715 I RESOLUTION NO. R19- 2 A RESOLUTION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, ESTABLISHING 4 PROCUREMENT THRESHOLDS FOR THE CITY 5 MANAGER AND THE CITY COMMISSION AND 6 MINIMUM STANDARDS FOR ALL CITY 7 PROCUREMENT RELATED CONTRACTS; AND 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the City Administration under the authority of the City Manager has 11 implemented rules and procedures regarding procurement of commodities and services needed 12 by the City to perform its public services; and 13 WHEREAS, the City Commission has reserved to itself the authority to establish 14 monetary limits on the City Manager's authority to enter into contracts for purchases and 15 services. 16 17 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption. 21 Section 2. The following establishes the monetary thresholds for all procurement 22 matters: 23 Processing Requirements and Approval Levels. Requirements for approvals of all 24 construction and non-construction purchases follows: 25 Personal Property, Commodities, and Services (Non-Construction) - Bid Threshold $35,000 Total Requisition Process Approval Level Purchase Type Purchase Amount Total Purchase Less than $2,000 One quotation Department Head* Requisition/P.O. $2,000 to $4,999 Three Written Quotes Department Head* Requisition/P.O. $5,000 to $34,999 Three Written Quotes City Manager* Requisition/P.O $35,000 & over Formal Bid City Commission Requisition/Contract Construction Projects -Bid Threshold $100,000 1 S:\CA\RESO\Procurement Policy Thresholds-Reso.Docx Page 184 of 715 Total Requisition Process Approval Level Purchase Type Purchase Amount Total Purchase Less than $ 2,000 One Quotation Department Director* Requisition/P.O. $2,000 to $4,999 Three Written Quotes Department Director* Requisition/P.O. $5,000 to $99,999 Three Written Quotes City Manager* Requisition/P.O $100,000 or above Formal Bid Process City Commission Requisition/Contract 26 *Or Designee 27 28 Section 3. All contracts and purchase orders shall be subject to (1) the laws of the 29 State of Florida, and (2) venue in Palm Beach County, Florida, and (3) Florida Public Records 30 law, and (4)Florida's Scrutinized Company law. 31 A person, vendor, contractor or company who does not acknowledge agreement to the 32 four foregoing requirements is not a "responsible bidder or offerer" as that term is used in the 33 City's Procurement Policies. 34 Section 4. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this day of , 2019. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Justin Katz 41 42 Commissioner—Mack McCray 43 44 Commissioner—Christina L. Romelus 45 46 Commissioner—Ty Penserga 47 48 VOTE 49 ATTEST: 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 (Corporate Seal) 2 S:\CA\RESO\Procurement Policy Thresholds-Reso.Docx Page 185 of 715 PIL PO#. VENDOR NAME DATE AMOUNT PO#. 191395 PENINSULAR ELECTRIC DIST INC. 9/17/2019 $ 25,484.00 180830 190567 AMPS INC. 12/12/2018 $ 25,800.90 180805 191257 MADSEN/BARR CORPORATION 7/18/2019 $ 26,082.50 180515 190210 NALCO COMPANY 10/1/2018 $ 26,278.32 181178 190241 AMPS INC. 10/10/2018 $ 26,315.50 180636 190020 BENNETT AUTO SUPPLY 10/1/2018 $ 26,383.25 181208 190360 RCP SHELTERS, INC. 10/23/2018 $ 26,554.75 180517 190527 GFA INTERNATIONAL 12/5/2018 $ 26,607.00 181179 190065 DYNALINK COMMUNICATIONS, INC. 10/1/2018 $ 26,721.15 180497 190105 AL PACKER FORD LINCOLN 10/1/2018 $ 26,803.26 180468 190332 CLASSIC CONTROLS INCORPORATED 10/18/2018 $ 27,042.08 181234 190606 ALAN JAY CHEVROLET 12/21/2018 $ 27,200.33 180876 190244 AMPS INC. 10/10/2018 $ 27,368.40 180614 190820 AUTONATION CHRYSLER- PEMBROKE 2/21/2019 $ 27,525.00 180821 190061 PAT'S PUMP& BLOWER INC 10/1/2018 $ 28,303.30 180516 190819 AUTONATION CHRYSLER- PEMBROKE 2/21/2019 $ 28,470.00 180742 191334 EAGLE PAINTING 8/14/2019 $ 29,385.70 180850 190577 AVIROM &ASSOCIATES, INC. 12/13/2018 $ 29,587.50 180856 191295 ANZCO, INC. 7/31/2019 $ 29,700.00 180605 190500 DUVAL FORD 11/27/2018 $ 29,725.00 181136 190019 VEHICLE MAINTENANCE PROGRAM IN 10/1/2018 $ 30,000.00 180168 190638 PRESTIGE FORD INC 1/3/2019 $ 30,578.00 180040 190588 EXPRESS RADIO INC 12/17/2018 $ 30,779.82 180785 190203 FISHER SCIENTIFIC COMPANY LLC 10/1/2018 $ 31,291.80 181173 190419 BOYNTON BEACH ATHLETIC ASSOC 11/6/2018 $ 31,500.00 180435 190544 DUVAL FORD 12/7/2018 $ 31,692.00 180837 190129 VERIZON WIRELESS-FL 10/1/2018 $ 32,292.96 180676 190818 EVERGLADES FARM EQUIP. 2/21/2019 $ 32,300.16 180710 191173 HUDSON PUMP& EQUIPMENT 6/24/2019 $ 32,546.00 180265 191327 ALAN JAY CHEVROLET 8/9/2019 $ 32,782.33 180069 191280 THE MERCHANT STRATEGY, INC. 7/26/2019 $ 32,800.00 180347 190064 CONSTRUCTION HYDRAULICS OF LW 10/1/2018 $ 32,849.41 180871 190309 DUVAL LANDSCAPE MAINTENANCE LL 10/1/2018 $ 33,260.88 180313 190027 WW GRAINGER INC. 10/1/2018 $ 33,381.35 180992 190141 SUNBELT WASTE EQUIPMENT 10/1/2018 $ 33,534.21 180047 190640 ALAN JAY CHEVROLET 1/3/2019 $ 33,907.33 180854 190326 TANNER INDUSTRIES, INC. 10/1/2018 $ 33,928.51 180036 190785 FORTILINE WATERWORKS 2/8/2019 $ 33,987.97 191325 INFORMATION CONSULTANTS INC. 8/9/2019 $ 34,088.86 190605 ALAN JAY CHEVROLET 12/21/2018 $ 34,182.33 191161 ATLANTIC SOUTHERN PAVING & SEA 6/19/2019 $ 34,845.21 Page 186 of 715 191253 THE MERCHANT STRATEGY, INC. 7/18/2019 $ 34,912.50 Page 187 of 715 IRCHASE ORDERS BETWEEN $25,000 & $35,000 PU FY1718 (37 PO's) VENDOR NAME DATE AMOUNT PO#. CUSTOM PUMP& CONTROLS, INC. 3/20/2018 $25,170.00 170009 WANTMAN GROUP INC. 3/15/2018 $25,270.00 170123 AMPS INC. 12/1/2017 $25,300.00 171108 JADE COMMUNICATIONS, INC 7/18/2018 $25,310.91 170333 COBRA CONSTRUCTION INC. 10/3/2017 $25,364.00 171419 EMPIRE OFFICE INC. 7/30/2018 $25,839.94 170752 AMPS INC. 12/1/2017 $26,031.55 170925 GREEN BUILDING INITIATIVE 7/18/2018 $26,200.00 170746 GRAYBAR ELECTRIC COMPANY INC 11/29/2017 $26,404.28 170800 SHERWIN WILLIAMS 11/15/2017 $26,543.29 170179 MADSEN/BARR CORPORATION 8/2/2018 $26,750.00 170810 MADSEN/BARR CORPORATION 4/2/2018 $27,148.00 170210 GARBER CHRYSLER DODGE JEEP INC 12/27/2017 $27,944.55 170842 COGGIN FORD 3/19/2018 $28,316.00 170599 AMPS INC. 12/1/2017 $28,608.50 170074 AON CONSULTING, INC. 2/14/2018 $29,006.08 170985 BARNEY'S PUMPS INC. 3/26/2018 $29,220.00 170643 DUVAL FORD 3/28/2018 $29,454.00 171414 HOMRICH CORPORATION 12/26/2017 $29,700.00 170432 JOHNSON CONTROLS FIRE PROTECTI 7/3/2018 $29,707.98 170819 THYSSENKRUPP ELEVATOR 10/1/2017 $29,723.63 170509 VEHICLE MAINTENANCE PROGRAM IN 10/1/2017 $30,000.00 170023 INFORMATION CONSULTANTS INC. 3/1/2018 $30,039.00 170005 TJ BOWLES ELECTRIC CO., INC. 7/17/2018 $31,002.70 170041 TANNER INDUSTRIES, INC. 11/6/2017 $31,426.78 170121 ALAN JAY CHEVROLET 3/23/2018 $32,044.33 170139 LOU'S POLICE AND SECURITY EQUI 1/19/2018 $32,376.00 170104 SOUTH FL EMERGENCY VEHICLES 2/5/2018 $32,693.00 170034 WINDSTREAM COMMUNICATIONS 10/1/2017 $33,314.22 170070 FIRST GENESIS LAWN &JANITORIA 10/1/2017 $33,600.00 170546 LOU BACHRODT FREIGHTLINER 10/20/2017 $33,635.36 RANGELINE TAPPING SERVICES INC 3/30/2018 $33,930.00 CONSTRUCTION HYDRAULICS OF LW 10/1/2017 $34,094.06 THE PAVING LADY INC. 5/14/2018 $34,215.00 GLOBAL TRADING INC 10/1/2017 $34,410.55 PRESTIGE FORD INC 3/28/2018 $34,778.00 MIDWEST MEDICAL SUPPLY 10/1/2017 $35,000.00 Page 188 of 715 Page 189 of 715 �RCHASE�Ra�RS BETIN�EN 25000 .... 3�F0 s VENDOR NAME DATE AMOUNT VEHICLE MAINTENANCE PROGRAM IN 10/1/2016 $25,000.00 THYSSENKRUPP ELEVATOR 10/1/2016 $25,080.80 SELECTRON TECHNOLOGIES, INC. 5/10/2017 $25,200.00 VERIZON WIRELESS-FL 10/1/2016 $25,781.85 MACMILLAN OIL COMPANY LLC 9/21/2017 $26,101.12 AMPS INC. 2/1/2017 $26,381.90 IXOM WATERCARE, INC 3/20/2017 $26,554.24 AMPS INC. 2/1/2017 $26,639.56 DUVAL FORD 2/15/2017 $27,808.00 DR. KENNETH A. SCHEPPKE (1099) 10/1/2016 $28,200.00 INFORMATION CONSULTANTS INC. 2/15/2017 $28,206.00 PALMDALE OIL COMPANY 10/1/2016 $28,237.17 EVOQUA WATER TECHNOLOGIES LLC 2/27/2017 $28,481.00 HARTZELL CONSTRUCTION INC 12/8/2016 $29,285.00 SOUTHEAST TRUCK SPECIALIST, IN 10/1/2016 $29,641.77 MADSEN/BARR CORPORATION 4/7/2017 $29,917.00 DELL MARKETING LP 12/20/2016 $29,975.38 WW SOD& EQUIPMENT COMPANY 9/21/2017 $30,000.00 BOYNTON CHEVRON 10/1/2016 $30,028.37 DUVAL FORD 2/21/2017 $30,118.00 TANNER INDUSTRIES, INC. 10/1/2016 $30,602.11 GLOBAL TRADING INC 10/1/2016 $30,914.92 BENNETT AUTO SUPPLY 10/1/2016 $31,000.00 NALCO COMPANY 10/1/2016 $31,844.40 ADVANCE GENERATOR SALES 10/1/2016 $33,364.21 PAETEC 10/1/2016 $33,888.94 LV SUPERIOR LANDSCAPING, INC. 10/1/2016 $34,365.69 WW GRAINGER INC. 10/1/2016 $34,565.48 CONSTRUCTION HYDRAULICS OF LW 10/1/2016 $34,819.27 AMERICAN WATER CHEMICALS, INC. 10/1/2016 $34,875.00 Page 190 of 715 PURCHASE ORDERS BETWEEN $75,000 & $100,000 FY1819 (23 PO's) PO#. VENDOR NAME DATE AMOUNT PO#. 190041 LOU BACHRODT FREIGHTLINER 10/1/2018 $ 75,978.24 180643 190906 ATLANTIC SOUTHERN PAVING & SEA 3/26/2019 $ 77,267.33 181308 190183 PNC EQUIPMENT FINANCE, LLC 10/1/2018 $ 78,038.28 181033 191082 GT SUPPLIES INC 5/20/2019 $ 78,902.54 180157 190190 GEHRING GROUP 10/1/2018 $ 79,800.00 180450 191404 ATLANTIC SOUTHERN PAVING & SEA 9/25/2019 $ 80,234.40 180117 191014 CH2M HILL ENGINEERS 4/24/2019 $ 84,074.00 180049 190516 WESTWIND CONTRACTING, INC. 11/30/2018 $ 85,140.00 180535 190423 VERIZON WIRELESS-FL 11/6/2018 $ 87,044.17 180824 190591 SHRIEVE CHEMICAL COMPANY 12/19/2018 $ 92,581.57 181145 190622 CAROLLO ENGINEERS, INC. 12/27/2018 $ 93,344.00 180801 190502 ORLANDO FREIGHTLINER, INC. 11/27/2018 $ 94,824.00 180436 190301 IMAGE JANITORIAL SERVICES, INC 10/1/2018 $ 95,067.29 180380 190023 BOUND TREE MEDICAL LLC 10/1/2018 $ 96,692.04 181318 190546 KELLY TRACTOR CO 12/7/2018 $ 97,070.00 180214 190357 ADVANCE GENERATOR SALES 10/23/2018 $ 97,419.66 181293 190806 GIALANELLA(1099), DONALD 2/15/2019 $ 97,680.00 180381 191066 KRIVANEK+BREAUX/ART+DESIGN, LL 5/13/2019 $ 97,680.00 180503 191023 MCCONNIE FENCE CO 4/26/2019 $ 99,452.33 180979 190850 AECOM TECHNICAL SERVICES INC 2/28/2019 $ 99,920.00 180686 191303 CDM SMITH, INC. 8/1/2019 $ 99,960.00 180035 190299 KOMPAN INC. 10/15/2018 $ 100,000.00 180363 190339 MAE VOLEN SENIOR CENTER, INC 10/1/2018 $ 100,000.00 Page 191 of 715 PURCHASE ORDERS BETWEEN $75,000 & $100,000 PL FY1718 (22 PO's) VENDOR NAME DATE AMOUNT PO#. WW GRAINGER INC. 10/1/2017 $ 75,000.00 170108 FORTILINE WATERWORKS 9/4/2018 $ 75,082.68 170303 FL CARIBBEAN ARCHITECTURE, INC 5/31/2018 $ 76,000.00 170399 FIRST GENESIS LAWN &JANITORIA 10/1/2017 $ 76,340.00 171245 ALL COUNTY PAVING 11/9/2017 $ 76,815.61 170268 GEHRING GROUP 10/1/2017 $ 79,800.00 170725 FERGUSON UNDERGROUND INC. 10/1/2017 $ 80,000.00 171043 RDK TRUCK SALES 12/8/2017 $ 80,000.00 171333 COGGIN FORD 3/19/2018 $ 80,760.00 170789 WILLIAMS SCOTSMAN, INC. 7/9/2018 $ 83,722.65 170052 PANTROPIC POWER, INC 3/8/2018 $ 86,328.00 171042 SHRIEVE CHEMICAL COMPANY 11/6/2017 $ 87,229.84 170105 ALL COUNTY PAVING 10/26/2017 $ 89,285.00 170900 ORLANDO FREIGHTLINER, INC. 9/10/2018 $ 90,387.00 170879 IRON CONTAINER, LLC 10/1/2017 $ 94,924.00 170127 THOMPSON PUMP& MANUFACTURING 8/23/2018 $ 95,431.00 171071 ADVANCE GENERATOR SALES 10/3/2017 $ 95,998.50 MOTOROLA 11/29/2017 $ 97,766.70 ROUTEWARE, INC. 5/9/2018 $ 97,962.00 THE PAVING LADY INC. 1/25/2018 $ 98,684.00 BOUND TREE MEDICAL LLC 10/1/2017 $ 100,000.00 MAE VOLEN SENIOR CENTER, INC 10/23/2017 $ 100,000.00 Page 192 of 715 JRCHASE ORDERS BETWEEN $75,000 & $100,000 FY1617 (16 PO's) VENDOR NAME DATE AMOUNT BG KATZ PROPERTY MAINTENANCE 10/1/2016 $ 75,006.00 SUNTRUST EQUIP FINANCE & LEASI 10/1/2016 $ 76,841.04 GEHRING GROUP 10/1/2016 $ 79,800.00 MWI CORPORATION 6/28/2017 $ 84,600.00 MAE VOLEN SENIOR CENTER, INC 10/1/2016 $ 85,000.00 WESTWIND CONTRACTING, INC. 1/27/2017 $ 85,333.50 ORLANDO FREIGHTLINER, INC. 4/24/2017 $ 88,027.00 STANTEC CONSULTING SERVICES, 1 8/1/2017 $ 90,000.00 AMPS INC. 2/10/2017 $ 90,041.50 ADVANCE GENERATOR SALES 10/1/2016 $ 93,667.44 ORLANDO FREIGHTLINER, INC. 4/24/2017 $ 94,520.00 FIRST GENESIS LAWN &JANITORIA 10/1/2016 $ 95,575.00 USP TECHNOLOGIES 3/14/2017 $ 96,386.27 FL TRANSPORTATION SYSTEMS INC 3/8/2017 $ 96,887.00 EVOQUA WATER TECHNOLOGIES LLC 10/1/2016 $ 97,491.31 CAROLLO ENGINEERS, INC. 4/27/2017 $ 98,231.50 Page 193 of 715 Commission Three Quotes/Dept Three Quotes/City Approval/Formal City No Quote Head Signature Manager Signature Bid Boynton beach <$500 $500-$4999 $5000-$24,999 $25,000& Over Boynton Beach CRA <$1999.99 2000-$4999 $5,000-$24,999 $25,000& Over Town Of Palm Beach <$2500.00 $2500-$24,999 $25,000-$64,999 $65,000& Over City of Delray Beach <$2500.00 $2,500-$9,999 $10,000-$65,000 $65,000& Over City of Hallandale Beach $0.00 $0.00-$5,000 $15,000-$50,000 $50,001& Over City of Tamarac $0.00-$2,499.99 $2,500-$4,999 $5,000-$65,000 $65,000& Over Page 194 of 715 Commission Approval/Formal Bid Construction Over$75,000 Construction Over$100,000 Page 195 of 715 6.K. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of November 2019. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for November 2019: Purchase Order Vendor Amount 200439 Atlantic Southern Paving &Sealcoating $13,214.87 200465 ESolutions Group Limited $14,633.50 200470 Grayshift LLC $18,075.00 200478 Philadelphia Mixing Solutions $17,055.00 200480 Carahsoft Technology Corp. $14,067.13 200488 NewEgg.com $11,618.18 200489 Dana Safety Supply, Inc. $19,570.00 200512 Purchase Point Equipment Supply $13,111.00 200517 Atlantic Southern Paving & Sealcoating $13,605.00 200518 Atlantic Southern Paving & Sealcoating $49,290.00 200519 Cardiac Science Corporation $21,250.00 200541 Hardrives of Delray $16,500.00 200543 General Asphalt Company, Inc. $24,240.00 200550 Guns and Range, Inc. $17,650.00 200554 FI Technical Consultants, LLC $19,310.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative Page 196 of 715 overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment D Attachment Attachment Page 197 of 715 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR NOVEMBER 2019 1. Atlantic Southern eacoati c Date: 13,214. 7 t: Public Works/Engineering Contact Person: un ersti Purchase: 11/1/19 _ Description of Asphalt repair, sealcoating and stripping for Intracoastal Park. Task Order ASPS-24-072919 Source rPurchase: i 010-2512-1 /IT Fund Source: 303-4223-572-62-01 - RP1921 Vendor:2. solutions Group Limited rc s 14,633.50 Requesting t: Finance Contact . Mara Frederiksen Date: 11/ /1 Brief Description rc s : Bids and Tenders- Procurement software for a-bidding, financial inter ration, vendor registration and local business tracking. Source f . Tree Written Quotes Fund Source: 401-2821-536-64-14 ® _ rasi , LLC Purchase_ Amount: $18,075.00 Requesting t: Police Contact Person: Captain Zeller Date: 11/6/1 Brief Description Purchase: The purpose for purchasing Gra Key from ray i is to gain access to locked/password protected Apple I hones that have been used in several violent crimes as well as cases from the Special Victim nit. GrayKey software gets access to location data that is stored on I hones that no other program can obtain. The software is cutting edge technology that will assist in many cases that the Boynton Beach Police Department is currently involved i . The software will also assist i cold cases as well as cases that were placed in an inactive status due to limitation of previous technology. Source c ole Source Fund Source: 001-2112-521-64-14 : ilaelpia inti oltions rc t: ....17,055.00 Requesting Utilities Contact Person: Leon Liberus Date: 1 / /1 Brief Description Purchase: Replacement Motor for lime sludge transfer pit. Source r ole Source Fund Source: 403-5000-533-65-02 1 903 Page 1 Page 198 of 715 5. Vendor: Carahsoft Technology Corp. V or' FRequesting Department: Utilities Purchase Amount: -$l 4,06-7.13 stil Contact Person: Waneya Bryant B aif rief n.. Date: 11/6/19 Description of Purchase: Digital Signatures at Carasoft renewal. Term: 11/1/19- 10/31/2020 Source for Purchase: Piggyback GSA Contract Fund Source: 401-2821-536-46-91 #GS-35F-01 19Y Purchase Amount: $11,618.18 Requesting Department: Warehouse Contact Person: Mike Dauta Brief Description of Purchase: Date: 11/8/19 Replacing failed security camers at the East Water Treatment Plant. Source for Purchase: Three Written Quotes Fund Source: 403-5000-533-65-02 r t® $19,570.00 Requesting Department: Police Contact Person: Asst Chief DeGiulio Brief Description of Purchase: Date: 11/8/19 Message board/speed trailer is being requested for the use on any of the department's strategic crime intiatives and community safety programs. In addition, the board will be used in traffic safety programs like"Click it or Ticket"to educate the public, crime prevention messaging and for the use before, during and after special events. Additionally, we are requesting the use Of$10,000 from the traffic safety provided by S31 . 1 (16)as it is a purchase that relates to safety measures for traffic law matters under FSS 316.622. Source for Purchase: Three Written Quotes Fund Source: 001-2110-521- 4-02-$10,0a r® ureas ait quip et upl 691®5000-590-04-21 -$9,570.00 $13,111.00 Requesting Department. Fire Contact Person: Asst. Chief Petty Brief Description of Purchase: Date: 11/15/19 Boynton each Fire Rescue utilizes Holmatro power tools and equipment for emergency operations related to vehicle extrication, vehicle stabilization, and other technical rescue operations. This purchase is to replace exisitng equipment and purchase new equipment that will integrate with the exisitng Holmatro tools. Source for Purchase: Sole Source Fund Source: 001-2210-522-64-02 Requesting Department: Public Works Contact Person: Gary Dunmyer Brief Description of Purchase: Date: 11/18/19 Sidewalk and asphalt repairs at Meadows Park. Task Order ASPS-37-110419 Source for Purchase: Bid 010-2512-18/IT Fund Source: 303-4904-541-63-24 $10,365 C 026 303-4905-580-63-08 $3,240 C 026 Page 2 Page 199 of 715 10,Vendor: Atlantic Southern Paving &Sealcoating Purchase Amount: $49,290.00 Requesting Department: Public Works Contact Person: Gary Dunmyer Brief Description of Purchase: Date: 11/18/19 ADA Ramps Rehabilitation - Phase I-Various areas throughout the City. Task Order ASPS-20-071819 Source for Purchase: Bid 010-2512-18/IT Fund Source: 303-4904-541-63-03 11.Vendor: Cardiac Science Corporation - TR1701 Purchase Amount: $21,250.00 Requesting Department: Police Contact Person: Captain Zeller Brief Description of Purchase: Date: 11/18/19 This is to purchase AED for patrol operations and vehicles. They will be part of the standard equipment in the vehicle. Our goal is for all marked patrol vehicles to have AED's. Source for Purchase: Piggyback State Contract Fund Source: 501-2516-519-64-33 #42172101-18-NASPO-ACS 12,Vendor: Hardrives of Delray Purchase Amount: $16,500.00 Requesting Department: Utilities Contact Person: Juan Guevarez Brief Description of Purchase: Date: 11/22/19 Removal and stockpile of sluge material from East Water Treatment Plant. Source for Purchase: Emergency Purchase Fund Source: 401-2811-536-49-17 13,Vendor: General Asphalt Company, Inc Purchase Amount: $24,240.00 Requesting Department: Utilities Contact Person: Tremaine Johnson Brief Description of Purchase: Date: 11/22/19 Manhole and valve adjustments. Work performed in compliance with FDOT Boynton Beach Blvd Road Improvement Project 432344-1-52-01 &432344-1-52-02. Florida Department of Transportation (FDOT)awarded the contract to General Asphalt Co., Inc. to resurface Boynton Beach Blvd. The FDOT project area is from W.of Jog Road to Congress Ave which consists of 3.711 miles. Within the roadway project area, there are several Utilities assets such as manholes and valves, which will require adjustments during this construction. General Asphalt Co., Inc.will perform the necessary adjustments to the City Assets along with the resurfacing of the road. Source for Purchase: Other Fund Source: 401-2515-536-49-17 Page 3 Page 200 of 715 7Requesting : Guns and Range, Inc. - Purchase Amount. $17,650.00 Department: Police Contact Person: Captain Zeller escription of Purchase: Date: 11/26/19 With the purchase of these 20 rifles, we will be replacing approximately 15 rifles that are over 10 years old and adding an additional 5 to our inventory. These rifles will be assigned to Road Patrol Officers that are typically the first to arrive on critical incident scenes. Source for Purchase: Three Written Quotes Fund Source: 001-2112-521-64-02 15,Vendor: FI Technical Consultants, LLC - -- Purchase Amount: $19,310.00 Requesting Department: Public Works Contact Person: Gary Dunmyer Brief Description of Purchase: Date: 11/26/19 Boynton Beach various GIS projects utility atlas updates and roadway asphalt inventory and ADA ramp inventory. Source for Purchase: Piggyback City of Cooper Fund Source: 303-4904-541-63-03-$9,570.00 RFQ 2019-2-UTL TR 1701 303-4905-580-63-08-$9,740.00 CP0266 Page 4 Page 201 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOXBOYNTON BEACH,FLLORIDA 33425-0310 DATE: #11/0/19 439 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 74533 ORDERING DEPARTMENT: FAC/GM/JL • • DATE NEEDED: . CONTRACT NO. ®®® 010251218 COMMISSION APPROVED: ° r LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 60. 00 EA ITEM 7 Type II barricated - 60 @ .40 •4000 24. 00 each. $24 Total Price:'$-2.4 RFQ: . 010 2'512'-'18/TB Task prder; ASpS 24-01-25. Commi:ssion': Appro�al 2 27. 00 SYD ITEM 53 218Y@$20 2,0. 0000 540.00 p. r Syi. 3 1. 50 TN ITEM '3'8 tons' @$390 por tan 3;50 .':0000 585. 00 >5 8 5.. 4 1. 00 TN LTEM. 39 1:: ton @$95 :t per. : on $`>95 - 95 00:0.0 95. 00 5 43799. 00 SFT -TEM 36 X3, 799 sgft @ 135 per 8gft.Total 1350 5912. 87 peace: 7 . 6 3900. 00 LFT TTEM 58 6" white 3900.. LF @,75 per .LF 75fl.0 2925. 00 $: ;92:5: 7 180 . 00 LFT I'T'EM 5 7 6" yellow180LF @`:75 per LF $135: 7500 135.00 8 4. 00 EAITEM 73 Ha;ndscap symbol 4 :@ $1:00 each 10D.0000 400. 00 $40: 9 12 . 00 EA ITEM 67 Arrows` i$2p`00' ea '$.2,40Q . 200 .0000 2400. 00 10 72 . 00 LFT ITEM 63 12" white - 72LF per LF 2 .7500 198. 00 $198 . PROCUREMENT SERVICES: ... _ 4 Lt I P.O. TOTAL: 13214.87 ACCOUNT NO. PROJECT 303-4223-572.62-01 RP1921 PURCHASING Page 202 of 715 Y RT asE ORDER CITY OF ON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 : 200439 BOYNTON BEACOH,FLLOORIDA 33425-0310 DATE: #11/01/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City T Boynton Beach PO BOX 15591 FT LAUDERDALE, FL 33318-5591 PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 74533 ORDERING DEPARTMENT: FAC/GM/JL • ![DATENEEDED-: CONTRACT NO. ®`® ` 010251218_ COMMISSION APPROVED: a LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION _ EXTENDED UNIT COST COST REMARKS: SEACOAT/STRIPE & ASPHALT REPAIR AT ICP. BID 010-2512 1:$/IT W.MM APPV :8/7/18 TASK ORDER 40S"240729' F CUREMENT SERVICES: P.O. TOTAL: OUNT NO. PROJECT 3-4223-572.62-01 RP1921 PURCHASING Page 203 of 715 CITY OF BOYNTON BEACH ° REQUEST FOR PURCHASE1 Date: 8/19/2019 Requesting Department: Facilities Contact Person: Gail Mootz Explanation for Purchase: Asphalt repair, sealcoating and striping done at intracoastal park. T��_ Qrd.., Js,PS 7q Recommended Vendor Atlantic Southern Dollar Amount of Purchase $13,214.87 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: 010-2512-18/IT NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. 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M .. .. I .. .. ,,.• .. .. .. A -,i 1 0)0E10 �E40 C�D+A 1n�Q 4-4 SH A >+A y A NE�OA 0>10 0 E. ' �O'O-,GHz" 0 H X mH0 mE o OIE10 PO 3H0 HE H0 H ad I H WH P MQ MNAx oD qQ2 MOOM l0 t?HM DD Ei O H I hH 00 m00 lntirp0 M 000 M 00 Mm00 1n X00 1n�oo r U00 w woo H I-� R: ' ri •rt�U UEU 4JXU �.'$U m U m U 1 m ••x 0xpq E>H2: W o GO �r£Pq 2,2pUq 0U9 £bgPUO OM U F m I W d�JOIm EOp wmoQ wu,0 wa1oQ w ,OQ w Op W OQ w QOQ W k W w A HFt�rE,aE,UUm HryUm H�Um E Um E1MUv) E1= Um EI= Um HUm H�Um H.-I H V' H l0 H lD L4' H W I m HM I H N M d to a z I k r 01) m Page 206 of 715 REQUEST FOR CPFICE ASSISTANCE .A I q, FROM: 22, f19 Date: A PRIORITY/DATE NEEDED BY: U El Request for 121/Direct Pay Req. for the attached -Vendor or Person to be reimbursed: Account Number: Project No.: 07ARequest for Requisition -Vendor:-A--1i4 Account Number: -503 - 4'z2-?--, '- ,5-7z &-2- - o I Project No.: List Items w/Quantitres & Unit Costs on the back of this request. 13 Verbal Quotes ($500 to $1,999): Vendor: Cost:—. Date: Person Spoke With: Phone Number: Vendor: Cost:—,— Date: Person Spoke With: -- Phone Number: Vendor: Cost:. Date: P'erson Spoke With: Phone Number: ❑ Written Quotes ($2,000 to $9,999-99)-Attached. 0 Written Quotes ($10,000 to $24,999)w/Purchases over$10,000 Form-Attached. El Bid/City(Over$25,000): Bid# 0 Bid/Other Entity(Over$25,000): Bid#, Bid Eff. Dates, & Bid Quotes-Attached. 0 File As: OTHER: Oet'::) t)- Special Instructions: Request completed by: Date completed: ey /9 Please sign and retu n t I' brm tope Office Staffs Inbox; feel free to make any comments below. Page 207 of 715 Sealcoat and Striple Proposal City Of Boynton Beach (Public Works-Engineering) Gail mootz Project: Intracoastal Park / Task Order ASPS-24-072919 2240 N Federal Hwy Boynton Beach, FL 33435 \/72 A'? ATLANTICSOUTHERN PAVING A14D SUALCOATING Rich Atzert Account Manager Page 208 of 715 Your Pavement Contractor Company Info Contact Person ATLANTICSOUTHERN PAVING AND SCALCOATIN6 Atlantic Southern Paving and Sealcoating Rich Atzert 6301 West Sunrise Blvd Account Manager Sunrise, Florida, 33313 Richtltih _ a ancsoutern avinA,com Cell: 954-299-6114 P: 954-581-5805 Office 954-581-5805 F: 954-581-0465 htt�//www—atlanticsouthernpavi .com About s We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK HERE FDOT Certified Contractor Page 2 Page 209 of 715 Proposal: r / Task Order ASPS-24-072! SOUTHERN FAVING AND SEALCOMING T 1. Item 7-Type II Barricades-60 @ .40 each. $24.00 Total Price for this item:$24.00 Asphalt Repair 1. Item 53-27SY @$20.00 per SY. $540.00 2. Item 38- 1.5 tons @$390.00 per ton. $585.00 3. Item 39-1 tons @$95.00 per ton. $95.00 Total Price for this item:$1,220.00 Sealcoating 1. Item 36-43,799 sqft @ .135 per sqft. Total Price for this item: $5,912.87 Striping 1. Item 58-6"white-3,900LF @ .75 per LF, $2,925.00 2. Item 57-6"yellow- 180LF @ .75 per LF. $135.00 3. Item 73-handicap symbol-4 @$100.00 each. $400.00 4. Item 67-Arrows- 12 @$200.00 each. $2,400.00 5. Item 63-12"white-72LF @$2.75 per LF. $198.00 Total Price for this item: $6,058.00 Page 3 Page 210 of 715 Breakdown:Price Intracoastal Park / Task Order ASNIE s TLA TI s®ND U HERN 072919 9OATNG 201 g.e find the following breakdown of all services we have provided in this proposal. This proposal originated on August 15, Item (Description Cost 1 MOT $24.00 2 Asphalt Repair $1,220.00 3 Sealcoating $5,912.87 4 Striping $6,058.00 Total: $13,214.87 Authorization to Proceed & Contract The above prices,specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed,this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project. This proposal is good for a period of up to 90 days from the date of the proposal. Payment Terms We agree to pay the total sum or balance in full upon completion of this project. 40% deposit upon contract. (A signed proposal and deposit are required prior to scheduling of the work) Date: r 4 Gail Mootz I LCAM, CPSI Rich Atzert I Account Manager City Of Boynton Beach (Public Works-Engineering) Atlantic Southern Paving and Sealcoating 222 NE 9th Ave 6301 West Sunrise Blvd Boynton Beach, FL, 33435 Sunrise, Florida,33313 mootzg bbfl.us E: Rich atianticsouthernpavin .com C:561-307-2185 C: 954-299-6114 P: 954-581-5805 0: 561-742-6223 F: 954-581-0465 httpa/www.atlanticsouthern �avin .com Page 4 Page 211 of 715 Attachments SOUTHERN PAVING O'D SUACOATING Please click any of the links below to view and print all documents. Company Attachments About Us COI 2019 Page 5 Page 212 of 715 Coversheet Page l of 2 CONSENT BIDS AND PURCHASES OVER$100,000 ® ® 8/6/2019 CITY OF OYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2079 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 August 06,2019-"Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required,the Finance/Procurement Department submits requests for award to the Commission;requests for approval to enter into contracts and agreements as the result of formal solicitations;and to piggy-back governmental contracts. Options to extend or renew are noted in the'Agenda Request Item'presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM PRIMARY: ASPHALT& 010-2512-18/TB AUGUST ATLANTIC SIDEWALK $3,000,000.00 SOUTHERNREHABILITATION 08,2019 PAVING AND THRU SEALCOATING AUGUST LLC 07,2020 SECONDARY: M&M ASPHALT MAINTENANCE, INC.DBA ALL COUNTY PAVING HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As these roads age, they are requiring more maintenance (i.e. pothole and crack repairs). The renewal of these contracts extending the term an additional year will allow staff to continue the process of rehabilitating the City's roads and thus add 15+years to the road's service life and reducing maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. The agreement documents allow for two(2)additional one(1)year extensions and approval is requested to extend the term of the contracts for an additional one-year period thru August 07,2020,which will allow for continued uninterrupted service with the Same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted. Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=6413&M... ?/.26P41193 of 715 .tom CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS August 06, 2019 j' REQUESTING DEPARTMENT.•PUBLIC WORKS l DEPARTMENT CONTACT.Andrew Mack TERM:August 08,2019 to august 07,2020 SOURCE FOR PURCHASE:Agreement(Award Bid No.010-2512-I8/1T) ACCOUNT NUMBER:Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. VENDOR(S)AtlanticSouthemPavingandSeakwdng,LLCofSunnse,FloridaasPrimaryVendorandM&MAsphahMaintenar IncdbaAll County Pomg of DelrayBeadh Florida as Secondary Vendor ANNUAL ESTIMATED EXPENDITURE.$3,000,000 DESCRIPTION: On August 07,2018, City Commission approved the award of Bid No. 010-2512-18/1T forAsphaft and Sidewalk Restoration,in the estimated annual amount of$3,000,000.00. The Agreement allows for two(2)additional one-year renewal terms under the some prices, terms and conditions. The vendor has agreed to renew the Agreement for an additional one-year term. Page 214 of 715 The City of Bounton Beach x - Finonce/Procurement Services P.O. Box 310 �X Boynton Beach, Florida 33425-0310 y Telephone No: (561)742-6310 FAX (561)742-6316 ,July 18, 2019 BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-18/IT CURRENT AGREEMENT TERM: AUGUST 8, 2018—AUGUST 7, 2019 Agreement between the City of Boynton Beach and Atlantic Southern Paving&Sea coating LLC AGREEMENT RENEWAL TERM: AUGUST 8, 2019 AUGUST 7, 2020 v Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Atlantic Southern Paving&Sealcoating LLC. NAME OF COMPANY SIGNATURE SC ` NAME OF REPRESEN ATlVE (please print) TITLE DATE (AREA CODE)TELEPHONE NUMBER W► e.w�,c�+rpt C17% ®e, S s f 44..� b Cm V'-, E-MAIL America's Gateway to the Gulf Streom Page 215 of 715 The City of Bo; eacft ,411 Finance/Procuremen t Services P.O. Box 310 Boynton Beach, Florida 33425-0310 .n Telephone No: (561)742-6310 FAX: {561)742-6316 July 18, 2019 Michael Curry, President Atlantic Southern Paving&Sealcoating LLC 6301 W. Sunrise Blvd. Sunrise, FL 33313 VIA EMAIL TRANSMITTAL TO: miamescurrC atlanticsouthernpavina.com BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-18/IT CURRENT AGREEMENT TERM: AUGUST 8, 2018—AUGUST 7, 2019 Dear Mr.Curry: The current agreement term for the"ASPHALT AND SIDEWALK REHABILITATION"expires August 7, 2019 The agreement documents allow for two (2)additional one(1)year extensions and we would like to extend the bid for an additional one-year period with the same terms,conditions and pricing. Please indicate your response on the following page and return it to Procuremerit Services via email to marmerebbfl.us at your soonest convenience. if you should have any questions, please do not hesitate to call Eric Marmer, Buyer at(561)742-6318. Sincerely, r Tim W. Howard Assistant City Manager-Administration cc: Gary Dunmyer, MBA, P.E.City Engineer Central File File America's Gateway to the Gulf Stream Page 216 of 715 Coversheet .Page I of 2 7.C. BIDS AND PURCHASES OVER$100,000 8!7/2018 wy CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Award Bid No.010-2512-18/IT to the two(2)lowest responsive and responsible bidders,Atlantic Southern Paving and Sealcoating,LLC of Sunrise, Florida as Primary Vendor and M&M Asphalt Maintenance Inc.d/b/a All County Paving of Delray Beach,Florida as Secondary Vendor,for Asphalt and Sidewalk Restoration,in the estimated annual amount of$3,000,000.00.The initial contract period starts on the date of award and terminates one year from that date contingent upon receipt and approval of insurance and applicable payment and performance guaranties. EXPLANATION OF REQUEST: Initial Bid Term:August 8,2018-August 7,2019 The purpose of this contract is to provide asphalt and sidewalk rehabilitation and associated work on an as needed basis per the specifications and requirements as defined within the bid documents. It is intent of the City to place order with the lowest priced bidder, designated as the Primary Vendor;the next low bidder will be designated as the Secondary Vendor. Purchase Orders issued under the Secondary award will be issued when the Primary Vendor voluntarily defers the Work,when the Primary Vendor is unable to perform or when the City determines that the Primary Vendor's maximum service capacity has Yeen reached(based upon outstanding City Purchase Orders)and additional service capacity is still needed by the City to meet City's service timeframes. In the next 12 months,it is anticipated that Public Works Engineering,Utilities,and Facilities will use this contract for approximately$3 million worth of road and sidewalk rehabilitation/repairs,parking lot sealcoating and parking lot construction. On June 15,2018,the City opened a total of six(6)submittals to this Bid.The submittal from Florida Blacktop,Inc.was deemed non-responsive for not meeting the minimum licensing requirements of the Bid. The submittal from Janice M. Riley, Inc. dba The Paving Lady was deemed non- responsive for failure to return Addendum No.1 as required by the Bid. In accordance with the terms and conditions of the Bid,the City reserves the right to make multiple awards for this Bid and to award to the vendor(s) whose bid represents the most advantageous bid to the City, price and other factors considered.Awards may be made to a maximum of two(2) responsive,responsible bidders on an item-by-item basis or for all items,whichever is in the City's best interest. In order to establish the lowest responsive and responsible bidders for award of this Bid,Public Works Engineering staff took what they estimated to be a typical project for the City and entered each vendors unit price into a quantity take off for that project.The results showed that Atlantic Southern Paving and Sealcoating was the low responsive bidder(primary)and M&M Asphalt Maintenance, Inc. dba All County Paving was the second low responsive bidder(secondary). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As these roads age, they are requiring more maintenance(i.e.pothole and crack repairs). The award of this bid will allow staff to begin the process of rehabilitating the City's roads and thus add 15+ years to the road's service life and reducing maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. FISCAL IMPACT: Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. ALTERNATIVES: Reject all bids received.Resolicit the requirement.Require staff to perform these services in-house. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: 000 CLIMATE ACTION: No r. . CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemlD=4400&M... P&Waff8bf 715 r The • ty of Boy _nton Beach Finance/Procurement Services �1 P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 August 15,2018 Michael Curry, President Atlantic Southern Paving&Sealcoating LLC 6301 W. Sunrise Blvd. Sunrise, FL 33313 VIA E-MAIL TO: mjamescurry@atlanticsouthernpaving.com REF:AWARD OF BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) Dear Mr. Curry At the meeting of August 7,2018, City Commission awarded the subject Bid to your firm.The initial term of the Contract will be from August 8,2018 thru August 7,2019. A link to the approved agenda item and associated backup may be obtained at the following link: htt s_://bo ntonbeach.novusa enda.com/a endaintranet/CoverSheet.as x?ItemID=4400&Meetin ID=197 Please submit your company's Certificate of Insurance, in full accordance with the terms and conditions of the Bid to my attention at your soonest convenience. Please ensure that the City of Boynton Beach is listed on the Certificate as an additional insured. In addition, please submit Performance and Payment Bonds in the amount 0f$350,000. Upon receipt of the Performance/Payment Bonds, properly recorded in Palm Beach County records and Certificate of Insurance,we will provide you with a purchase order. The Contract Manager for this Contract is Gary Dunmyer, City Engineer, Telephone: (561) 742-6231 and e-mail:dunmver_g0bbfl.us. We would like to thank you for responding to this Invitation to Bid and we look forward to working with Atlantic Southern Paving&Sealcoating on this requirement. Sincerely, ��se T iestyta� Ilyse Triestman, CPPO, CPPB Purchasing Manager cc: Gary Dunmyer, MBA, P.E., City Engineer Central File File America's Gateway to the Gulf Stream Page 218 of 715 o s �g g P, ffi N °d �' E ® 31 s'NEgg t r r y > > > r T € > > oz 3 z F 6 roro s 4 N C LYS K V r=te LL4 �, � W m �y v a y io T > > am w z 8 a�^ z � a g o m 3i � 9$ b LL m p m E �m r =; m a '.Q Y > u r r o �� > a „N3 � . N,a u z� �8 m J C S ED C b gip m b y m O e m a w `gam 3 a P Na w Y > >Ui 8gm J P p p,..y Q °r w w w w w k E O U N .0 W N O W_ W W H 4 J O /A LL T m O f fh NL-ja yZ� LL z O,. t O ORO a p W on O J 12 Z� U LL 2 .U[LL LL (OC LL� W E pp 4 W 2 $ 2 z Q W 0 O ID 2 a C Q Lu p O � W W 0.Z O Y Z7 zy 1M3 a a o....00p'.. yam 0w J Oro ¢ U p w.....wo m �z a� �O F cries c S �Mo z w. ® OCA JOv IxIx 2 SOV wo E ll ®. OZ zz Z W W Dui LL� za <,, E f Y Y Z z z Q z Y $m m VJ 000 6' O�', o U U'..Ww Oa Zw Z ON Off?€ � Q (D m m O m, F ¢'<i[7 J z 4 6 U W.Q mm. K K O Page 219 of 715 . . . . From: [ unmyer, Gary Senn Friday,August 24, 2OI84SIPM To: Greco`Amencibka,Adhanna Subject: PQfor Atlantic southern Paving and Seo|coating Onthe Vmeeting|nAugust the commission approved$3,OOD,O0Ofor this cmntractor ||ysenoayhave the approved COL Has the P{Jbeen issued? ' Ifnot can you look into doing itfor me? Gary Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 318 | Boynton Beach, Florida 33426 Physical Address: 1O0E. Boynton Beach Blvd. | Boynton Beach, Florida 33435 � 561'742'6231 DunmyerG@bbfl.us / C bnynton'beach.oro/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore,your e-mail Communication and your e-mail address may besubject topublic disclosure. 1 Page 220Of715 v � PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACOH, FLORIDA 33425-0310 DATE:#11/00465 VENDOR 17881 TO: ESOLUTIONS GROUP LIMITED SHIP TO: 455 PHILLIP STREET City of Boynton Beach WATERLOO, CN N2V2W5 FINANCIAL SERVICES 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 74876 ORDERING DEPARTMENT: FINANCE/ERIC MARMER � DATE NEEDED: 1 • CONTRACT NO. ®`r COMMISSION APPROVED; LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UN EXTENDED UNIT COST COST 1 3 . 00 EA 3 ANNUAL LICENSES FOR ALL FIVE (5) BIDS&TENDERS 2424 . 5000 7273 .50 DIGITAL PROCUREMENT MODULES; BID MANAGEMENT, EBIDDING, RFP. EVALUATION:;. ECONTRACT ;AN, VENI70R. PERFORMANCE UNLIMITED LICENSES FOR E.PRQCUREM NT. MODUl�ES, UNLIMITED D.HOSTING, MAINTENANCE, S7PPORT, AND PROFES:S.IONAL SERVICES FOR IMPLEMENTATTON. 2 1. 00 EA IMPLEMENTATION FEE (NO COST) . 0001 00 3 1. 00 EA TRAINING NO COST FOR ON DEMAND VIDEOS .0.001 . 00 4 1. 00 EA CONSULTING/.API TECHNICAL REVIEW AND HIGH LEVEL 1320° 0000 1320. 00 REQUIREMENTS` 5 1. 00 EA UPDATE VENDOR PROFILE TO INCLUDE 1360.000'0 BOYNTON VENDOR.. ID.. 1360. 00 (NEED :TO:.BE CUSTOM: CLIENT SPECIFIC 6 1. 00 EA UPDATE CONTRACT MODULE TO LINK SUPPLIER TO P0: m000i . 00 TREE/N(j COST . (PREVIOUSL.Y DETERMINED 13Y' ESOLUTI:ONS THAT THEY Q.ULD. BUI I D THI S FEATURE:) 7 1. 00 EA INTEGRATE TO API (INC.I,UDING CODING/TES'T'ING) : 4100. 0000 4100. 00 8 1. 00 EA UPDATES TO UI 580. 0000 580. 00 PROCUREMENT SERVICES: -- `t P.O. TOTAL 14633 .50 ACCOUNT NO. PROJECT " 401-2821-536.64-14 PURCHASING Page 221 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEA O. BOX 310 33425-0310 P.O. #: 200465 VENDOR 17881 DATE: 11/05/19 TO: ESOLUTIONS GROUP LIMITED SHIP TO: 455 PHILLIP STREET City of Boynton Beach WATERLOO, CN N2V2W5 FINANCIAL SERVICES 3301 QUANTUM BLVD, SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO 74876 ORDERING DEPARTMENT: FINANCE/ERIC MARMER 1 DATE NEEDED- 1 CONTRACT No. - - COMMISSION APPROVED: LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST REMARKS: FOR PROCUREMENT SOFTWARE THAT INCLUDES E FINANCIAL INTEGRATION -BIDDING, , VENDOR REGISTRATION, ,RFP EUATIOi`TS MANAGEMENMENT: , E-CONTRACTS<;VENDOR PERFORMANCE C PROCUREMENT SERVICES _...� - .�_�.. _"_.. tC � . ACCOUNT NO. TOTAL: - - - - - P.O - - --�._ 401-2821-536.64-14 PROJECT PURCHASING Page 222 of 715 es c� CITY OF BOYNTON BEACH z % PURCHASE VE $1%000 Date: 1-Nov-19 Requesting Department: Finance Contact Person: Eric Marmer Explanation for Purchase: Procurement software c`®r� ► i c V C ® `l \w b Recommended Vendor Bids and Tenders Dollar Amount of Purchase $14.633.50 Source for Purchase (check and attach backup materials): Three Written Quotations ® GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2821-536-6414 FApprovals:t He ad //Date11 �1 b Agent _ `� _ � Date [ t / t q Asst City Manager Date City Manager Date Form Revised 02/01/02 - Page 223 of 715 C71 01 + int " Z + yh t H 1 ay t IEq w gg a 1 � M f �C a s H > I Ef Q I q IL '. I >�a 001-1 0 C.)ruj L^} 9 Z 4t y 0 co .} ...{ 4 s rev ev 0 0 M ; c� t:) t r9 V, V) a 0 Ct wy 0 0 O 0 CaJ v iLn GG7 Q 0 0 0.1 � Com'°00 y @ 0 0 0 kO P Cn o M 0 iI M0 � E..i H w b ca'} 0 H Mcoq, C-' Gat Cxl e H !�-j r A H H 1 c "a co � J ,�a ta H M HI r?0 s C:7 0 0 Cz$ 9 iia rn b z 1 CY W W Ca i C: Cat > i Cn p E"°E-1 g....q W 04 J C8 Hct? 0W r4 0 p g" ' ^Z Cal 0, � n 0 P t2a Cd}w ' Ct} " �P C.t Win 0 > z 0 s W >o-°°?. w H-0 Cat W M� p-, z 1 h-6 e Csl�p Cx3 " C�Cal X,U0r� j lc� 1 4014� 0Ca 0 � "'"C?C3 Cz7 s-=+re � w 6k C} C3 C) CSP w.-w NI W> r-1 Cn r �Cx,Ham,'"�` 04 C.t t�. p H GAP "a c r 7 W H H W Cx.a Sea 04 4a r Cat( C l as ; n t G t H cn�.-0 H n n p 1 Cat 0 _ C.'7 Q'f} d} t..? H CJ2 Csl C7 Cz r a 6 u H � C�i] a9 o-.. 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Y 1.. _- ,it � ___ ,i � 1 f(a r, o,•r ! � _., 1 �E,,(U l\t t ., ,t�t„ �s � -, „1�tE ',t ; 'f6 sKl -�. � ,a. ,,�li�i #, �4,,r,.: 3� li t �, �sAWL' Post Implementation Additional Services(if required) f� int t4 �i��?t)!��tr�.,,„r t ';� 4,\<'•i�)3'-�?�}�ij?t�4�l�w�.'+}r. Srn Ft�``�4 qtr��,- v` ��'}�j�t��n��jr t!{ki,S'k2��'};. ,�,}'11,� Each additional In-Person Demo (Max 2 Hours) x�, - $350.00+travel Each additional In-Person half day training session (Max 4 Hours, includes training prep) $1,500.00+travel Each additional in In-Person full day training session Max 8 h �� ( ours, $2,500.00+travel includes training prep) Each additional Webex half day training session (Max 4 hours, includes training prep) $700.00 Each additional Webex full day training session (Max 8 hours, includes training prep) $1,500.00 Data imports .. .. to be quoted Integrations to be quoted *Excludes applicable taxes _ . -- F ditional Terms and Conditions:T SSL Certificate and Domain Name are manaedbyeSolutions _ . e City will be responsible to post all open public procurement opportunities on bids&tenders Integrations to existing systems are priced subject to scope, and have not been included in this estimate * In addition to the charges specified above, any applicable value added tax, sales tax,use tax, etc. shall be payable by Customer, if appropriate. In addition, as an optional cost, the City can use an API link off our eContracts module that can be placed on The City's intranet. Your City department end users will not need a login in to bids&tenders and navigate to the contracts module. This will help reduce renegade spend to suppliers that are not on contract with Boynton Beach and takes away the excuse that staff did not have knowledge of available contracts. A direct link to your List of Current Contracts that can be viewed on your Agency's intranet site by all City staff and provide quick and easy access view all Vendor contracts, by department, where to purchase,the contract prices, contract end dates, etc.directs staff where to buy and reduces spend of contract goods and services to higher cost to non-contract vendors bid4kagebIF�T dL�� 15 acts ' ' FcETTER COPJ TR ACTING SOLUTIONS SSUnlrjti011S Used • One instance of Universal Contract Manager will be set up and can contain an unlimited number of contracts and documents • Remote Implementation • Training for system administrator(s) • Migration for existing data from spreadsheet or CSV • Identify scope of work for 2 Data exchanges o Contract Spend Management-Superion ERP o Vendor list-Superion ERP P1O22S94Fees - Based on the assumptions above UCM Service Fees would be: 3-Year Term Universa/Contract Manager�y�m�...— —._ �. Users �—... . Universal Contract Manager Module 1-- U -- —. ystem Users — Vendor Database �._ . 10 �._ __.. � �__._ ._'__.d Collaboration - Tota/7 otal Yearly Fees $13,683 Notes: Additional Optional products and services for UCM are listed on page 4. 1 UCM Service Fees Include: • Initial system setup and configuration of The City of Boynton Beach UCM instance • System administrator training • Unlimited number of contracts and supporting documents • Unlimited access to training videos and manuals available in the help/support section of UCM • Unlimited ongoing maintenance of The City of Boynton Beach UCM instance, including regular enhancements throughout the contract term • Regular full-backups of the City of Boynton Beach UCM instance, including geographically redundant servers • Vendor database • Email Collaboration CONFIDENTIAL 3 Page 229 of 715 GDmeltrix License agreement For using the Negometrix e-Purchasing and contract management solution Agreement between: Negometrix USA Inc. 228 E 45th St, NY 10017 New York and Name organisation Town of Palm Beach Contact person Dean Meaty Email contact person N dmeaty@townofpa[mbeach.com Street �--..�. �._....� f 951 Okeechobee Road, i Postal code FL 33401 City i k West PaLm Beach KVK 301481691 IBAN NL35 INGB 0651581079 1 BIC INGBNL2A I BTW NL8063.63.599B01 page 1 of 7 i i Page 230 of 715 Licences 1 Licenses are strictly personal,not transferable to third parties and have yearly license fee.The price listed below corresponds to the price stated in the covering letter to this offer. 3 Lead buyer licenses: $ 9.500,- 1 Contract manager license: $ 1.400; � 2 Contract administrator licenses: $ 1.900,_ License fee per year: $ 12.800,- First 12.800,- First year discount: ($ 3.300,-) Amount $ 9.800,- due November 3152 2018 I `} Training tit The training takes place at the Negometrix office or on site.The full training consists of two half-day sessions with an assigment.The training is for licensees only.After completion of the entire program, participants receive a certificate. Location of the training: West Palm Beach, FA 2 ,r Total number of people (max. 6 per training): 3 Number of trainings: 2 '„ .x.. Amount: $4.200,- Tota I 4100,-Total training cost: $ I Support hours s } Recommended number of support� pport hours: Estimated 38 hours on implementation Fee per hour: $ 150,- 9 E Amount: $ 5,700,- Early adopter discount: ($ 5,700,-) i ¢ Total support cost` $ _ i a KVK 36148169 1 IRAN NL35 INGB 0651581079 1 BIC INGBNL2A I BTW NL8063.63.599601 page 3 of 7 Page 231 of 715 conditionsTerms and • B.V. ACCEPTANCE TERMS This Agreement contains the terms and conditions that apply to using the Negometrix EProcurement/E-tendering Software application (hereafter'Software'). If you wish to use the Software including its tools and services please read these terms of use carefully.As a user you will be bound by these terms and conditions. If you do not agree to all the terms and conditions,you may not use the Software nor it's content or any services. � MODIFICATIONS OF TERMS OF USE Amendments to this agreement can be made and effected by us from time to time without specific notice unless the amendments are of significant importance to the a� users of the software.The Agreement posted on the Software reflects the latest agreement. USE OF THE SOFTWARE The Software allows you to subscribe to Published Tenders,to upload documents,to send and receive messages,to submit offers and participate in E-auctions and when ,vs, having a paid license the Software allows you to create tenders,procurement projects, Kill post requests for information, requests for proposals etc.online. However,you are prohibited to do the following:(a) use our Software, including its services and or tools if you are under the age of 18,or are temporarily or indefinitely suspended from using our Software,services or tools(b) collect personal information about users for commercial purposes(c) infringe intellectual property- and copy rights ; (d) post false,misleading, I defamatory,or libelous content;(e)take any action that may damage the Software.You ! may not transmit any worms or viruses or any code of a destructive nature. Registration Information For you to activate your account in our Software,you must provide all mandatory information needed in order to complete the signup process.You must qualify that you are 18 years or older and must be responsible for keeping 1n g your password secure and you are responsible for all activities and contents that are Uploaded under your account.When selecting any of the options for a paid account you , will receive an invoice for a yearly subscriptionstarting on the date oselecting an f li y of the paid options.A paid account is a personal account. In general you are not allowed to share your account with others in order to give them the rights to start up solicitations. If a colleague needs to set up a tender he or she will have to have their own paid account. For the Town of Palm Beach we agreed that,the paid accounts are associated with three respective roles:1) Public Works Buyer,2) General Services buyer and 3)Administrator of purchasing.To avoid payment for incidental use of the account by a temporary subsitute of that role,the licenses are linked to general mail actresses KVK 301481691 IRAN NL35 INGB 0651581079 1 BIC INGBNL2A I BTW NL8063.63.599801 page 5 of 7 __ Page 232 of 715 � 1 rit } ar a5 tt� r as V _ A(la5}taaitSr` rY F zi�1�it �1i}1 , ttnri7� S kl li'i�4 Sal£t\ Y', - 1£ _ Orme; _ ltw lift laa j fit} 1 I t(CSI�Srq 1p l I,�l !ti $i 11�5 t�1}!r' 1 l�i� What sets us apart: • Built just for you: bids&tenders has been designed and built by Public Procurement professionals for Public Procurement professionals. • We speak your language:when working with our project managers,you will be working with former certified public procurement professionals with decades of experience in a variety of sectors.So you never have to worry about having to explain the process to us. • We cover your entire procurement life-cycle:bids&tenders does it all. From setting up your opportunity,to receiving submissions,to evaluations, managing contracts, and vendor performance. We give you everything you need in one tool. • Yourfeedback is important:whether it's through our user group meetings or e-mail,we love to hear from you. We value your suggestions. In fact, large portions of our system improvements are informed by your feedback. • We got your back:your security is our priority. We are constantly evolving our technology to ensure that your data is safe.Some of our security features include encryption,strong password policy,SSL,and brute force hacks prevention. Available on Cooperative Contracts: bids&tenders is available to United States public sector agencies through; 1. NASPO ValuePoint: This contract is being finalized with the State of Utah 2. TIPS,The Interlocal Purchasing System,Texas All Data is stored in the United States. • eSolutions utilizes Microsoft Azure Data Centre and cloud solutions to provide our services and are assessed to a broad range of security certifications including ISO27001,SSAE16 and SOC2 standards and Cloud Security Alliance STAR Attestation. All data shall be stored in the United States of America. • The primary Data Center location is Azure South Central -Texas • The secondary Data Center location is Azure Central—Iowa. OrThe only thing we wish, is that we would have set-up bids&tenders sooner. — Mike Gerrior, Purchasing Manager, York Region z eid33 of 7 Page215 ® v Optional Services: (One Time Costs) ENE , , �Sin API L nk'go O eContracts Modullete ration One Time Fee $4,950.00 50 00% $2,475.00 g Integration) One Time Fee � _.... .u.. . . _..... $4,950.00 50.00/ $2,475.00 Integration with Purchasing Entity's One Time Fee eSignature provider such as; Docusign for our eContracts Module $6,950.00 1 50 00% $3,475.00 �.. .m.... �� Importing of existing Purchasing Entity One Time Fee �H.. Contracts(with attachments) into our eContracts Module5000/0 00 ° i $1,500.00 r .00 ; _._—.... .-- — Importing of existing Purchasing Entity One Time Fee Contracts(without attachments) into our eContracts Module [ $1,500.00 50.00% $750.00 *Excludes applicable taxes TRAINING OPTIONS Option 1: Unlimited On-Demand Training Videos: This training option is included in the above annual license costs. Option 2: Live Instructor lead Webex training This training is available is available for an additional fee of:. Toy, P - 4 Vv Bid management, ebidding, RFP Evaluation Modules $ 1,200.00 I Bid Management Module alone: $600.00 a. .... v EBidding Module only $ 600.00 RFP Evaluation Module only $ 250.00 eContracts Module only $ 250.00 Vendor Performance Management Module only $ 350.00 ........ ..—---------__ �� .______ *Excludes applicable taxes bidsandtenders.org 15 jContracts BETTER CONTRACTING SOLUTIONS Universal Contract Manager Proposal Prepared for: The City of Boynton Beach s , `1 It . Prepared By: Christian Barrie May 1 2019 Page Page 2.35 of 715 � ASSIGNMENT OF RIGHTS Waiver Failure of the Negometrix Software to insist upon strict performance of any of the terms,conditions and covenants hereof shall not bedeemed arelinquishment or , waiver of any rights, nor shall itbeconstrued asawaiver ofany subsequent breach nf the terms,conditions or covenants hereof,which terms,conditions and covenants shalt continue to be in full force and effect, Severability of Terms In the event that any provision mfthese Terms and Conditions isfound invalid orunenforceable pursuant to any judicial decree ordecision,such provision shalt bedeemed toappivonly tothe nmauirnumextent pernmi�edby|aVV,and the remnainder0fthese Ternns and Conditions shalt nenlajnVaiid and enforceable according to its terms. Entire Agreement This Agreement shalt begoverned byand construed inaccordance with the substantive Laws ofthe State ufFlorida,without any reference toc0nflict-of-taws principles.The Agneemnentdmschbwsandencmmnpasse5theent/neagneemnem¢ betvveenyouand ~s and mm supersedes all prior orcont� poraneousagreemments`mepresentatiunswarranties and understandings vvithrespect tothe SoftYvareand the content andthe 'subject nm"t1erof this Agreement. Choice of Law; Jurisdiction; Forum Any dispute,controversy or difference which may arise between the parties out of, in relation toorinconnection with this Agreement |shereby irrevocabivsubnmit1edtothe exclusive jurisdiction ofthe courts ufthe State ofFlorida. ^ ' ' | � � '^ � � KVK 30148u69|mANmL35wGGma1s81079|BIC mGBNu |BTW�063.63-59913m page 7of 7 | - Page 236Of715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P. : 200470 BOYNTON BEACH ,BFLLORIDA 33425-0310 DATE:#11/06/19 VENDOR 17911 SHIP TO: TO: GRAYSHIFT LLC City of Boynton Beach 931 MONROE DR. NE POLICE DEPARTMENT SUITE A102-340 3 ATLANTA, GA 30308 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33426 i REQUISITION NO. 75002 ORDERING DEPARTMENT: POLICE Ii • h y L DATE NEEDED. • CONTRACT NO COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 500. 00-EA FIRST YEAR LICENSE DISCOUNT 1.0000 500.00- VENDOR ITEM NO. - NA 2 1. 00 EA GRAYKEY LICENSE QNLTWE FIXED: 18000 . 0000 18000. 00 VENDOR ITEM'.-O. NA.. 3 1. 00 EA GRAYKEY UNIT 500 . 0000 500. 00 VENDOR ITE`N1,NO.- NA 4 1. 00 EA SHIPPING AND HANDLING 75 . 0000 75. 00 V]ENI3OR ITEM NO NA. REMARKS INVESTIGATIVE T-'OOL' FOR DB SCALE :SOURCE VENDOR.: QUOTE. ##0 0`0.0 02.2`2 D.01. NOT MAIL PO` - P: D. WILL :SEND TO VEND J ' PROCUREMENT SERVICES: 'p _ �1 } ��P:O. TOTAL: 18075. 00 ACCOUNT NO. PROJECT 001-2112-521.64-14 PURCHASING Page 237 of 715 2 ; REQUEST FOR PURCHASE OVER $10,000 ® 10/27/2019 Requesting Police Contact Person: Zeller Explanation r The purpose for purchasing GrayKeyr i is to gain access to locked/ password protected I l Phones that have been used in several violet crimes as well as cases fro t o Special Victim nit. GrayKey software gets access to location data that is stored on IPhones that no other program can obtain. The software iscutting technology tt will assisti n cases that the Boynton Beach Police n is currently invov in. The software will also assist in cold cases s well r _ r t ®_ _ Three Written Quotations State Contract SNAPS PRIDE/RESPECT Sole Source Ex Piggy-Back Budgeted Item Emergency urc seher Contract Number- NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. 7rce for Purchase: o utr o re: 001-2112-521-64-1 - FApprovals-.Department --_ Date I® 0,13- Purchasing } 3 c aIts _ Date I'l; Asst City Manager - -_ Date City ana r 1 C ® , Date Form Revised 02/09/02 Page 238 of 715 \ \ a l I I 3 O H j 4 H H z I I I E-O a m m I � H w q z , 5 z z z z l a a Erl _ I x I � I I � CC= Pi iJ W O 0 U q E o 0 0 0 WO ,O o 0 0 0 ,l° E U o 0 0 0 0 F � 0 0 N I 0z w i ubi 0 o r r i H H H H In o I U ® m � W U E. a 0 a E Fo 0 0 o d p N H V) o p •• I z O T-4U0 I O b O Oo W Ln P-0 H I O E O O O ys r Q 5 I H O p 0E. p a yy 0 O r IEi r I E '' O (& LG 1 m O H m I � ,,,• c a F a � £ m H W a O H H a a W Z a E' r O o W W W W Ol 1 0 U E. z 5 5 H O I I w . w 7 W O Oa H N o 0 0 o a z a P4 F o 0 0 o w El fl� U) H Oa E oo H H H H U z O(.?' w Ca z i m ! E x w> CI E Y a q z i z W H WI i .7 H U) F m x O O W O H U E v)+ C7 I U 2 W En P. ul I di W W W z H W a W a H j H H H H I awaaazaw °' o I Q H g F q E Q F i ' O O O O I N (l) [)) U) U) U a U a U awa U z Hd, 24 H> Q' Hrf, HkV' as P4 C4 a R$a z FzEwzEw-,zH 14 E- kaF .4 E- P4 E- H°aH�7HbH'.� .0 W 0 H W W W W x W ta CL X W x[11 Ov)O [w[n0 v70 v)O I U£V£U U NU0 WC70 0 C7� OU A V£U U gllHH r4 HHw mzaa 2Ha i 1) H H wlFl EW-I ZIE7F El PI IH]�E7w 'O m a a w P o05 ]a a] cC w a r W POi W 7. N z I .. z.. .. z.. H z..z.. 7• Z .. I' � O uwzoo XOu U am O z U N cli N N Id O O : �S.q N tN W 0 TEl 0 U O E I W H 0 a H O HH O E O E N N N N �$ •`� C7 H H H eW H ,t^ q S4 1) H U H I �+q YI 4 'J�Q ',7.Q w� I H rl H H El OO W OO wO0 HO0 ON,y ,N.y a N O ?w G H Oa a l E S U m U w 2 U W U U o 0 0 o Z Vora H O U] '409 r�r�y O:D ��°0 H E 1 SC O O O O O w Cl. q l U V) W.U V) a U U) �..'U U1 H S-I O-ri U C7 H O b a H W I CO U)H Sa CA .0 1 H N M eM I z H N M d' .�J W {-I b az a w o > v a v) 0 5 Page 239 of 715 GRAYSHIFT Grayshift, LLC 931 Monroe Dr NE Suite A102-340 Atlanta,GA 30308 September 1, 2019 Limited Source Justification To Whom It May Concern: This letter is to provide notification that GrayKey is a proprietary product that is internally developed and manufactured only by Grayshift, LLC ("Grayshift"). There are no competitors in existence that offer the same or similar technology to GrayKey at the current price point offered today. Grayshift owns all distribution and marketing rights of GrayKey and designates how GrayKey may be marketed and sold. GrayKey is available for sale as follows: • GrayKey is only available to government agencies that include law enforcement, public safety, and national defense agencies in select countries. • Grayshift sells GrayKey as a direct transaction between Grayshift and its end customers. • Grayshift has one licensed reseller of GrayKey which customers may use outside of a direct transaction with Grayshift. In all cases, Grayshift makes the final determination on any completed sale and delivers GrayKey directly to the end customer. • GrayKey may not be marketed or sold for any price different than what Grayshift offers directly. Please see https://grayshift.com for current price information and automatic quote generation. If you desire additional information, please contact us at the email address or phone number below. Sincerely, David Miles Member and Co-Founder Phone:833-472-9539 Email:sa lies Co)grays h ift.com [BRAYS H, IFT Company Address 931 Monroe Drive NE Number 00000222 Suite A102-340 Atlanta,GA 30308 Created Date 10/18/2019 US Expiration Date 11/19/2019 Prepared By Wilton Cleveland DUNS Number 081045174 Email wcleveiand@grayshift.com CAGE Code 7ROW9 Contact Name Charles Ramos Description Online Fixed one year License Account Name Boynton Beach Police Department Phone +15617426136 Email ramose@bbfl.us Firs4 Year License Discount j USD-500.00 USD-500.00''' 1,00 GrayKey License-Online Fixed USD-500.00 USD 18,000.00 USD 18,000.00� 1.00� USD 18,000.00 GrayKey Unit USD 500.00 USD 500.00 1.00 Shipping&Handling USD 500.00 USD 75.001 USD 75.00 1.00` USD 75:00 Subtotal USD 18,075.00 Grand Total USD 18,075.00 �ugaYe�'G�.rrr ice..._._...,._—._._.— •Delivery of GrayKey requires the end-user's prior acceptance of GraysMft s End User License Tenns Agreement("EULA").Your acceptance of this quotation will indicate your acceptance of the terms of Grayshift's EULA,without exception or reservation. The EULA is available at htLDs:/gLaychift eOmhP....,c •License Tenn=12 months(includes unlimited extractions and software updates during the license tenn) •The final invoice may include tax if applicable • Upon receipt of your GrayKey unit,please follow the setup steps to activate it as soon as possible.It is ready for use immediately following activation.Your term license will auto-activate 28 days after fulfillment if not activated prior. •Purchase Orders:Net 30-Payments received after 30 days will be assessed a 2%late fee,per month Non-payment after 30 days will result in a suspended license.License will be reactivated after full payment is received. •Credit Cards:Major credit cards accepted including Visa,Mastercard,and American Express. •Additional Information:Fees under this Agreement are exclusive of all taxes,including national,state or provincial and local income,use,sales, value-added,property and similar taxes,if any.Customer agrees to pay such taxes(excluding US taxes based on Grayshift's net income).In the case Of any withholding requirements,Customer will pay any required withholding itself and will not reduce the amount paid to Grayshift on account thereof.As an example,if the price to be paid is 100 but there is,for example,10"/o withholding,Grayshift will still directly be paid 100.The payor may need to"gross up"the overall payment so the amount due Grayshift after any withholding is 100. Page 241 of 715 I i.,... • i ® ® r All • Ask us about our license options - sales@grayshift.com Overview Plug and play platform that requires no special training iOS Support Controlled by an easy-to-use web interface Apple iOS 9.x Regularly updated for new iOS versions a Apple iOS 1o.x Integrates with the leading forensic analysis tools }�' Apple iOS 11.x Apple iOS 12.x Features Apple iOS 13.x Extracts data from locked and unlocked iOS devices T Device Support Extracts data prior to the discovery of the passcode j I iPhone 4s Supports before(BFU)and after(AFU)first unlock state � ( � � iPhone 5, 5c, 5s Advanced Features-available under NDA iPhone 6,6 Plus Passcode Brute Force iPhone SE Prioritizes common and date-based passcodes iPhone 6s, 6s Plus iPhone 7, 7 Plus Custom brute force options — iPhone 8, 8 Plus Supports 4&6 digit, complex numeric&alphanumeric iPhone X Available Extractions iPhone XR,XS,XS Max BFU Instant-limited instant extraction prior to passcode discovery iPad Air,Air 2 iPad mini AFU Instant-near complete instant extraction prior to passcode discovery3,4 iOS File System-complete extraction after passcode discovery iPWad(2o17))ad Pro(1st&2nd gen) iOS Process Memory and Decrypted Keychain Pod Touch(5th&6th gen) PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH,FLORIDA 33425X 310 -0310 DATE: #11/00478 VENDOR 17794 TO: PHILADELPHIA MIXING SOLUTIONS SHIP City T Boynton Beach 1221 EAST MAIN ST. PALMYRA, pA 17078 EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL- 33435 REQUISITION NO. 74420 ORDERING DEPARTMENT: UTIL EWTP/MR DATE NEEDED: CONTRACT NOj -- — 1 COMMISSION APPROVED: d d a LINE# -- --.- .. QUANTITY UOM ITEM NO. AND DESCRIPTIONEXTENDED 1 UNIT COST COST 1. 00 EA MT-02 MIXER DRIVE31.4:1 RATIO PTOS CONFIGURATION. 17055. 0000 17055. 00 REMARKS. REPLACEMENT MOTOR FOR LIME SLUDGE TPV-'d�SFER PIT FROM MA14UFACTURER , ff CUREMENT SERVICES: P.O. TOTAL: 17 055.00 COUNT NO. PROJECT3-5000-533.65-02 WT1903 PURCHASING Page 244 of 715 CITY OF BOYNTON BEACH , REQUEST FOR PURCHASE OVER $105,000 Date: 28-Oct-19 Requesting Department: Utilities-PWT East Contact Person: L. Liberus Explanation for Purchaser Replacement Motor for yme Sludge Transfer Pit .;L Recommended Vendor Philadelphia Mixing Soutions Dollar Amount of Purchase $17,055.00 Source for Purchase (checkand attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back � Emergency Purchase Budgeted Item Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 403-5000-533-65-02 WT1903 Approvals: - Department Head _ Purchasing Agent x .. Date /d -zk—/ Date�® all Asst City Manager Date City Manager Form Revised 02/01/02 Date Page 245 of 715 ? I \ rx I r3 w I CC) r1 , I I A a ; Ln tf`` 0 w w I C. I I f H i I , I w01 o also Q i Ln N I O9 o H H W o cWh ani 0) n a. 0) m o a Hu] o v WU i o 0 H : 0 r a ry OHi ,i `i 1 O r�� , Ln CD Ft H � � i E' bl H i £ ca . f d Cl) I �4 H , Z FCS O 0 Um C H z r°� '� W I rl F3 Ch z H Rai 14 W H ' � a � Z � o H vl a H a,W O HI iH a3 U H I H W a 5 ai CR rx Q W I Z Ix v] E-, 't)O ' O i O H H v1 O H U EW4 , O a vaa H co ' �aW a W I a w rn Cl) z i °aA H aH i 0HW W O Wp, W E-+ � H aCs rn 04 I I W !xn(DigU a 1 S° T-a i q W I M v1 H [q O I a .. .. i m Z xU' p OI SHO HC) H H H I H H- I g o H O Ha x � I 0 L O H m H .a a I N£U Um U o cn."H� O ul i GI p�j 4,* p H W : IM F' Of p , H 3 fx H O H W xll az Ci HH "JH W h 1 a a r In, Page 246 of 715 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: M10-/I2 8/ 2019 H.T.E.REQUISITION# 74420 Clerk: R Procurement Asst: Director: ' A . City Manager(non b djV d ca)ital and/or$5000- t REASON FOR PURCHASE: Replacement Motor for Lime Sludge Transfer Pit for Water Treatment Plant. WT1903 VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Philadelphia Mixing Solutions Admin. - O Date: 10/28/2019 ASAP (X) Address: 1221 East Main Street Engineering ( ) Date Needed: 11/15/2019 Confirm. Palmyra. PA 17078 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: Phone (contact): Eric PetersSUBMITTED: Water Qual. ( ) Quotes/Verbal (over$500) ( ) E Admin. 40 (X) 941-733-5051 Pumping ( ) Quotes/Written O E. WTD 41 ( ) Vendor Number: 17794 (over $2000) PWTreat. O X � ) WWT42. Bid Docs. W. ) Meter Serv. ( ) Sole Source Ltr, (x ) P/U 99 INITIATOR: Leon Liberus, Chief Operator Sewage ( ) Insurance ( ) Special lnstructions: APPROVED: _ Requirements: - Strmwtr. O Project Number: __151, D _ �Quan nit Price _ _ Description& Part Number T �� _ — 1 $1 055.00 �� MT-MT02 PTOS 31:4.1 1800RPM HP 403 f Deft- Basic Elem Ob �– _ 5000 533 tl .m. Amount C/S 2.0 Shaft PBT 65 02 $17,055.00 j l Long Lea Motor 50 Days � 60 Da vs Page 247 of 715 PRIMEIAW MIXING ,..S Sold To: Ship To: =- ! 11IFS �- -- -- Ron Bergman City of Boynton Beach City of Boynton Beach Philadelphia Mixing Solutions FL FL 1221 East Main St. United States United States Palmyra PA 17078 United States P: 561-742-6429 F: E: T:717-832-2800 Sales Person: MTS Environmental, Inc. Date: 10/23/2019 Email: drhodes@mts-florida.com P Expires: 11123/2019 hone: 904-273-8600 Reference: Quote Number:71690 Quoted lead times are after acknowledgement of order and DO NOT include shipment time.Unless explicitly stated otherwise,this quote is based upon FOB shipping point.Please make sure purchase order has correct pricing,part descriptions,payment terms,shipping dates,and shipping terms as quoted to ensure fast processing. �T-02 Mixer Duplicate from S/N 509079&ON820695 • a 2 1.00 EACH E2ALAG-1G1 BO MT-MT02 PTOS 31.4:1 180ORPM 2HP C/S 200 Shaft PBT 17,055.00 17,055.00. Long Lead Motor 50 days Gearing 60 days Lead Time: 16 WEEKS ARO - TOTAL $: � 17,055.00 Shipment Method: Best-Way -PPD&ADD Tax Liability: Payment Terms:REQUIRED CREDIT APPL The standard lead time mentioned herein is based upon current shop load and inventory;shipment of the equipment and spare parts can be made approximately at the time noted,either after the receipt of a purchase order(ARO)or the release for manufacture by the customer(ARAD) Manufacturing lead time is to be confirmed at receipt of order,and it may be subject to change in circumstances where parts are unavailable or current shop workload does not allow for timely manufacturing.All prices are FOB Palmyra and do not include lowest motor freight to jobsite. Expedited Delivery available upon request. NOTICE The Materials contained in this presentation are deemed confidential and proprietary work product of Philadelphia Mixing Solutions, Ltd. Any reproduction,distribution,or sharing of the contents, in whole or in part,with an individual or entity other than the direct recipient of this material, its authorized agents,or employees is strictly prohibited. Philadelphia Mixing Solutions, Ltd.retains all rights herein. Page 248 of 715 PSILAMPNIA ML.CINS ONLINE Focus on Your Business, Not on Purchasing Parts • Drill down to the exact part needed via engineering cut sheets • Quickly order recommended spare parts • Order anytime, anywhere, including after hours • Pay with credit card or upload purchase order • Ship multiple methods, including collect • Self-service account maintenance • Download IOM manual for your mixer • Tutorial video and "easy contact us" links included s ,lo # _. } i I s, s /y}9&3ikl k4h ch—&44 L-jV Sm.gs s s _. {6 tlt4 4vs4 tnbY yae Gd i�dr.s®d.Er®crrsa.E3 s01 �;sii ®C /tea ns see + t Oi atal &rrr s ra�e a urtew=d �,yn3 oas7et ;,vn:�w;b.�t- serer t � N. V9--A.4 wiry Pte/ � 0.2 ps. �aaw� ..._._ �+-+ea _ � i ;_ � �i?)! � fiiw.� � r 3 i�a•� 4�S IVES Sa r F d swatar �sws. �� La ®q 14 beta sv rtaiegsar3 �f 1%y 51 .(usn} J r, tee IF ° of t Click on hot spot bubbles to add to shopping cart +1 717-882-28001 www.philamixers.com I csr_am@philamixers.com AMUS004 12178 Page 249 of 715 PHILADELPHIA MIXING SOLUTIONS,LTD. GOVERNING TERMS STANDARD TERMS AND CONDITIONS OF SALE These terms and conditions and those stated in Seller's proposal or quotation shall exclusively govern the transaction Of sale of goods between Customer and Philadelphia Mixing Solutions,Ltd.,a Pennsylvania Corporation,('Seller'),described on the front side of this form,provided that any terms set forth on the front side hereof or in Seller's quotation which differ from,conflict with or add to the terms set forth below shall govern.Seller hereby objects to any additional,conflicting or different terms or conditions proposed by Customer prior or subsequent to the dale hereof,including any such terms or conditions contained in the Customer's order or other Customer document.Acceptance of Seller's offer or counteroffer by acknowledgement is expressly limited to these Terms,which may not be modified except in writing,executed by the President or a Vice President of Seller. GENERAL Stenographic and clerical errors are subject to correction.All price lists and discount schedules of Seller are subject to change vvilhcu4 notice.Further,unless otherwise slated On the front side of This form,H the delivery date of a product sold hereunder is more than three months after the order date,Seller costs incurred between the date of order and date of delivery. may assess an additional fee 4o compensate Seller for any increase in raw contmaterial PROPRIETARY MATERIAL All specifications,drawings,technical data and engineering information supplied to Customer by Seller constitute Seller's proprietary intellectual property,shall be used solely in connection with this order,shall not be disclosed to others without Seller's written consent and shall be returned upon request. DISPUTES All disputes,claims or controversies arising out of or in any way relating to the sale of products by Seller to Customer shall be governed by Pennsylvania law without regard to Conflicts of law principles.If a dispute arises out of or relates to this contract or the breach thereof,and if the dispute cannot be settled through negotiation,the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to litigation. If a party fails to respond to a written request for mediation within 30 days after service,or fails to participate in any scheduled mediation conference,that party shall be deemed to have waived its right to mediate the issue in dispute.Mediation shall take place via audio or video conference,unless the parties agree to an in-person location. The parties hereby consent that venue for any litigation concerning this Agreement shall lie in either the U.S.District Court for the Middle District of Pennsylvania,or the Court of Common Pleas of Lebanon County,Pennsylvania and hereby submit to the exclusive jurisdiction of said courts.Interpretation of this Agreement shall be governed in all respects in accordance with the laws of the Commonwealth of Pennsylvania,without regard to its conflicts of laws provisions,and the parties hereby waive any right to a jury trial. STANDARDS The standards of the American Gear Manufacturers Association will be used and shall govern,where applicable,in the manufacture of gears and gear drive assemblies,unless Seller expressly agrees otherwise in writing. LIMITED WARRANTY Subject to the qualifications set forth below,Seller warrants that for a period of twelve(12)months from start-up,not to exceed eighteen(18)months from date of shipment 10 Customer,the products sold to Customer will:(i)conform with and meet all specifications(ii)be free from defects in materials and workmanship;and(iii)be delivered free from all liens and encumbrances created by or arising through Seller.Seller is not responsible for the accuracy or reliability of any specifications,design conditions or other data furnished by or on behalf Of Customer or the ultimate user. Materials exposed to process are not warranted against corrosion or other deterioration due to exposure to vessel contents.Customer is solely responsible to determine the integrity of such materials.Seller warrants only that(i)in the case of materials selected by Customer,the materials used will conform to Customer specifications of such materials and(ii)in the case of materials not specified by Customer,the materials shall be Seller's standard materials of construction for out-of-tank components. Seller shall not be responsible for any defects in any components(such as gears,shafts,bearings,or motors)furnished by others at the request of Customer,and Customer shall look solely to the manufacturer or supplier of such component for its exclusive remedy with respect thereto. Sellers warranties shall be void 9 the product is not used strictly in accordance with all instructions as to storage,handling,maintenance,lubrication,installation,startup,operation and safety set forth in the manuals and instruction sheets furnished by Seller. Al Seller's sole discretion,Seller may authorize repair services to be performed by others.Seller shall have no responsibility for repairs made outside Sellers plant unless such repairs are effected in accordance with Seller's written authorization and shipped to such other repair facility strictly in accordance with Sellers instructions. This limited warranty is exclusive and is in lieu of all other warranties whatsoever express and implied,including but not limited to implied warranties of merchantability or fitness for a particular Purpose.Any sample that may be provided by Seller shall not constitute a warranty that the products will conform to the sample.There are no oral statements,promises,representations or other warranties collateral to or affecting this limited warranty. LIMITATIONS OF REMEDIES AND LIABILITIES Seller's sole liability and obligation for a breach of the warranty or any other provision of these terms shall be to repair or replace the specific nonconforming products(or part)discovered during the stated warranty period or to credit or refund the purchase price actually paid for such nonconforming products(or part),as Seller may elect. Such product(or part)shall be shipped to Seller as specified below under"Items Shipped to Seller."Without limiting the foregoing,under no circumstances shall Seller be liable for any expenses for removal Of allegedly defective product(or part)for inspection,replacement or repair or for installation costs of repaired or replaced product(or part). Seller's liability on any claim,whether grounded in contract,tort(including negligence),any theory of strict liability or otherwise,of any kind for any loss or damage arising out of or in connection with or resulting from the sale of the products hereunder or the performance or breach hereof or the products or their performance or use is limited solely and exclusively to the remedies provided above and no other right or remedy will be available to Customer or to any person or entity.Seller will in no event be liable to any person or entity for any indirect,special,incidental,consequential, liquidated or punitive damages,any fines or penalties of any kind,any loss of profits or any other economic loss,whether or not foreseeable,to any person,property or entity,in connection with or arising out of the furnishing,performance or use of the products,whether grounded in contract,tort(including negligence),any theory of strict liability or otherwise. All claims for breach of any of Sellers warranties shall be barred unless Customer notifies Seller of such breach in writing within 30 days of discovery of the breach. INSPECTIONS AND REJECTIONS Customer shall promptly inspect all shipments of material upon delivery for physical defects,conformity to specifications and completeness including all components necessary for installation and shall notify Seller in writing of all defects,non-conformities or missing items within 15 days of delivery.Thereafter,the shipment shall be deemed accepted and assumed to be complete and Seller shall have the right to impose additional charges for allegedly missing items later requested by Customer.Defects not impairing satisfactory operation of the equipment shall not be a ground for rejection.Seller reserves the right to inspect allegedly defective goods at point of delivery or ship them to a destination of its choice.No material shall be refunded without Seller's written permission. MATERIAL FURNISHED BY CUSTOMER Materials which Customer furnished for incorporation into any order shall be shipped as specified below under"Items Shipped to Seller".If material defects arc found by Seller in materials furnished by Customer,Seller may notify Customer and charge it for all expenses incurred by Seller through the date of discovery of the defect.if minor defects can be repaired by Seller,Customer shall pay extra charges as are necessary to cover repair work.Shipment dales for orders where Customer furnishes material are predicated on timely receipt of such material free from defects.If any material furnished by Customer is damaged by Seller,Sellers responsibility shall be limited to the replacement cost of the material and Seller shall not be liable for any consequential or incidental damages. CANCELLATIONS Orders placed by Customer may not be cancelled without Seller's written consent.If an order is cancelled by Customer,Customer will indemnify Seller against all loss,damage or expense incurred due to cancellation,including but not limited to the cost Of special materials,non-resalable goods completed or in process,labor,engineering time,overhead,profit and reasonable attorneys'fees incurred to collect such losses from Customer. SHIPMENT Unless otherwise quoted,shipments are F.O.B.Seller's plant.Seller's responsibility ceases upon delivery to the carrier.Delivery to destination is not guaranteed by Seller.Claims for loss or damage in transit must be made by Customer against the carrier.In the absence of shipping instructions,Seller reserves the right to ship all material upon completion by the common carrier of its choice. Shipping dates are approximate and are based upon all information necessary to commence manufacture.Completion and shipment may be subject to delays due to causes beyond the reasonable control of Seller or its suppliers,including,without limitation,labor disruptions,labor strikes,accidents,unusually severe weather,fires or other casualties or acts of God or government. DEFERRED SHIPMENTS Shipments may not be deferred beyond the specified shipment date without Seller's written consent.When shipping is deferred for Customers convenience or due to lack of shipping instructions, failure to complete credit arrangements satisfactory to Seller,late delivery of customer supplied material or other cause attributable to Customer.Customer shall pay storage charges,interest and any other expenses incurred by Seller due to the delay.Orders on which delivery is deferred shall be invoiced upon completion of manufacture and are subjectto a finance charge of at the rate of 18%per annum from time of invoice. ITEMS SHIPPED TO SELLER All items shipped to Seller(including,without limitation,items being shipped for warranty work,returns of rejected materials,items being shipped to Seller for inspect and repair work and materials furnished by Customer for incorporation into any order)shall be shipped to Seller F.O.B.Seller's plant or F.O.B.at such other location as may be designated by Seller,freight prepaid by Customer. Without limiting the foregoing,Customer is responsible for insuring that all such items are securely and appropriately packed and in no event shall Seller be responsible for any loss or damage incurred in shipping any such item. TAXES If prices are not stated on the front side hereof to include sales,use,excise or other taxes,then when required by law,taxes will be billed and collectible as a separate item at time of shipment unless proof of a valid exemption satisfactoryto the taxing authorityis provided to Seller. TERMS OF PAYMENT Unless otherwise agreed,payment terms are net 30 days from the date of invoice.Invoices are dated upon shipment or,if shipment is delayed by Customer,as of the completion of manufacture.If payment is not made when due,Customer shall pay Seller a finance charge of 1.5%per month.No retainages shall be deductible from or withheld by Customer from payments due Seller.Under no circumstances shall Customer have the right to delay payment until its receipt of payment. Page 250 of 715 MIXING1221 East Main Street •Palmyra, PA 17078 ` Phone:717.832.2800•Fax:717.832.1740 SOLUMP www.philamixers.com lid CREDIT APPLICATION(Page 1 of 3) Company: Federal ID#: Physical Address: - City/State/Zip: - a -------- Tel:Tel: Billing Address: Gty/StateJZip: Principals: - (Name) _____ -- In business since Dun -i"' Bradstreet DB ting: Name of nk: � — Address: QY/State/Zip: �c Type ofaccount: ❑the n Wm g savings ❑ other A unt Accounts asble Contact: Phone: Ext: Fax: t n invoices faxed? Email Yes N®❑ ti�.. Can invoices be emalled'2 Yes ❑ No ❑ Our vendor number with your company: Trade Refers (with m 1 to address or fax#and telephone 1. Phone: Fax: 2. Phone: Fax: 3. Fax: 4. - _ Phone: — Fax: April 2016 Page 251 of 715 CREDIT L! I Gaga 2 of ) Philadelphia Mixing Solutions is required, by lave, to collect tax on shipments made to the following states. If your company ships into any of these states, please indicate your tax status. If you are exempt in any of these states, Please rovide us, i ax_ certificate it r t Taxable Exempt Alabama El Arizona El California Colorado El Connecticut El Florida El El Georgia Illinois El Indiana Kentucky El El Louisiana El 0 Minnesota 11 El Nevada El El New Jersey New o Carolina El Dakota Oklahoma El Pennsylvania Puerto Rico "texas Tennessee The information above has been provided in confidence for the purposes of obtaining credit and is warranted to e true. The applicant authorizes Philadelphia Mixing Solutions, LTD,to investigate the references listed. Furthermore,the applicant also agrees to the teras and conditions of this credit application. Signature Title: date: Philadelphia Mixing Solutions Sales e Philadelphia Mixing Solutions Application Engineer: Should you have any questions regarding this application, please contact: Tara Stalter Staff Accountant Tel: (717)832.8818 Fax: (717)832.1735 tstalter�ohilamixers com pri12016 Page 252 of 715 NS 4-5-19 Boynton Beach Utilities 124 E. Woolbride Road Boynton Beach, FL 33435 Subject: Sole Source Representative Philadelphia Mixing Solutions Ltd, is the sole manufacture of its equipment for the water and wastewater industries products. MTS Environmental-is the sole or exclusive representative for Philadelphia Mixing Solutions Ltd within the state of Florida for the purchase of new products,OEM repair/replacement parts,repairs and maintenance. No other representative can sell products, provide repair/replacement parts, maintenance, repair/replacement services,field services and technical support for Philadelphia Mixing.Solutions Ltd. Your contact for MTS Environmental is: Name: Eric Peters Phone:941-773-5051 Email:epeters@mts-florida.com If you have questions regarding this issue,please contact Colin Christie_at 440-416-1180` Sincerely, Colin Christie General Manger Environmental Sales www.Philamixers.com 1221 East Main Street Palmyra,PA 17078 USA y Venture House,Bone Lane • +1717.832.2800• Fax:+1717,832.1740 Newbury,Berkshire 5SH,UK +44(0)1635 275300-Fax:+44(0)X35 2753755 Page 253 of 715 CITY F PURCHASE rRORDER FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH, FLORIDA 33425-0310 DATE:#11/06/189 VENDOR 12357 SHIP TO: TO: CARAHSOFT TECHNOLOGY CORP. City of Boynton Beach VMWARE GOVERNMENT TEAM EAST UTILITY ADMIN 1860 MICHAEL FARADAY DR, SUITE 100 124 E. WOpLBRIGHT ROAD RESTON, VA 20190 BOYNTON BEACH, FL 33435 REQUISITION N0, 75040 ORDERING DEPARTMENT: UTIL ADMIN/MR • ® ° DATE NEEDED: CONTRACT ;- 0. NO. COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 25. 00 EA DOCUSIGN BUSINESS PRO FOR 489.3100 12232 . 75 GOV-SEATS DocuSign, Inc. APT 0382 Start 11/1/20:19 ti 10./31/2020. 2 129. 00 EA PREMIER SU:'PORT 15s OF RECURRING . 14 .2200 FEES 1834.38 DocuS .gn, . me AY T-007 Stdrt 11/1/2019 thru 10/31/20: REMARKS: RENEWAL DIGITAL SI.G- NATURES A.T CARAS$..O'' SSA SCHEDULE CWT T` #GS-35F=0119Y , PROCUREMENT SERVICES: G f - �( I ��.w P.O. TOTAL: 14067. 13 ACCOUNT NO. PROJECT �O1 401-2821-536.46-91 PURCHASING Page 254 of 715 ICITY OF BOYNTON BEACH REQUEST FOR 1 Date:Requesting 1QI Department: til- Bryanterson: W. Explanation for Purchase: Digital Signatures at RENEWAL Carasoft- GSA Schedule no# GS-35F-01 1 9Y Term 12/20/2011 t r 12/19/2021 r o c m er attachmaterials): _ Three Written Quotations CSA State Contract PRIDE/RESPECT ,SPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other ContractNumber.- GSA-35F-0119y NOTE: pricing proposal for purchase mint be presented in the same detail contained within the contract. Fund Source for Pu 401-2821-536-46-91 Approvals: - �n_W Department Head4 Date Purchasing ent � _ Date Asst City Managerc Date City Manager Date roe � �Ised ozro��oz _ _ Page 255 of 715 E � � 1 \ \ P4 1 r-I U] M rI Q 1 1 \ O H , 11 i 2 r-1 I I F Ln DD (� E' ' I 17 W W 1 �Oj- Q Q a , ' F4 N W N r•-I l 7a O I H J 1 PQ Q W v HPA ' M W ® ® ' U ' I I I 1 ' I � 1 � ' o ML I w � � i z a U O AF i ui m O O F WO , r M O F O 0 SFC U i rNi o oa, ��r z U] O W I N co U O w m a;I H , C F W y Q+ O F HUF � ] i p .. !h O 1 z C o I U LL Q cl Ln a O W U i ri O p H U) � 4 F I ri , o i i F� a C) 10U i F , cn H , fY) Fq W [..1 r14 z aF N p , W W a i O U F D4 h z fY O F-IaA H i o z a a F al H , a b H U) 4I4 O �rFjy I N N I � H 'Z' W W Z > a QW I z z W W A H CO F U] x QO W , O H IU F v] C7 I z U P4 co 04 a] > > E. 1 u/]G]ca W v] U U H W OW W OW i `F' jZ r ca zFzF a 0 a HHRH �H I U] OAW z QW I HZOU 1 N W'Fl-' H -, W 00H � \�9 W. N.mo I WW v va t Z � �� u azH� \ F ECFrGF Fz-I a w Ona a oaa ; ar�ar.� -L Nr1 .K� 4.Lnrl WOWO F 1 OCD U] Or U]� Q'U]fxU? �} 1� W0S4r4 o\OPWRW FC H vaF��z �Fa4L�3 H V] w M134 P4 w aF M m MF:40)XG4 FAC ME 44 I LD w y+ 2 UOH UoUU ) O UOUcn LD % U] W O zl I:N WGN M M H Par-I�- QH�LS�A , Ln Ln O FC, F \F O cn \F.O F H H N N H O H I H_U 04m-I Q x u;Mr-I Q 2 I '0"co m U] U , V]Ul 11 OU Hmvzu 1 j0 rNi a W i UUtl3OA WUttlOQ Ol Q I gQV]U� aQU] zm U� W W , Lk H W 1 x z� I ri N W J U] H m I I H HN azl I a I Page 256 of 715 "QUEST FOR REQUISITION H.T.E.ENTRY DATE: 10/11/2018 H.T.E.REQUISITION# 75040 Clerk: MR Procurement Asst: Director: City Manager(non b dg,ted I j 1 or$ 000+�g, ca iital and/or$5000 REASON R PURCHASE: Digital Signatures at Carasoft- Renewal GSA Schedule no#GS-35F-0119Y Term 12/20/2011 thru 12/19/2021 VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Carasoft Technology Corp. Admin. (X ) Date: 10/31/2019 ASAP (X) Address: 1860 Michael Faraday Dive Engineering Date Needed: 11/15/2019 Confirm. Ste 100 Cust. Rel. ASAP/Conf. Reston, VA 20190 Distribution BACKUP DOCS. DELIVERY: I SUBMITTED: Q t Phone(contact): Kimberly Barrera Water Qual. Quotes/Verbal E.Admin. 40 (X Quotes/ ver$500� _(over$500) 571-662-3450 Pumping Quotes/Written O E. WTP 4 1 1 (over $20100) Vendor Number : 12357 PWTreat. Bid Docs. O W.WTP 42 Meter S erv. Sole Source Ltr, P/U 99 INITIATOR: Waneya Bryant,Acting ISewage Insurance Special Instructions: Manager,Asset ManagementRequirements: APPROVED: Strmwtr. O Project Number: Quan Unit Price T � —--------Descr"i-p-ti—on -Part-N-umber—--------------- Fund- Basic Elem Amount Dept E e_ Amount 2821 25 $489.31 bocuS F16n_Bsjness pro for Gov-Seats 40 53' 46 91 $12232.75 DocuSign, Inc APT-0382 Start 1111/2019 thru 10/31/202 r'129 0 $14.22 ee -J- r Support 15%of recurring--F—s [_401 2821 �_536 �6J9-1 DocuSign, Inc APT-0075 Start 11/1/2019 thru 10/31/20 TOTAL - —----------- _F$1 I�67.13 1 536 46 91 Page 257 of 715 Government - Price Quotation Docuftff DocuSign Government at Carahsoft carahsoft, 11493 SUNSET HILLS ROAD I Suite 100 1 Reston,Virginia 20190 Phone(703)871-8500 1 Fax(703)871-8505 I Toll Free(888)662-2724 www.carahsoft.com sales@carahsoft.com ............... TO: Michael Low FROM: Kimberly Barrera City of Boynton Beach Utilities DocuSignGovernment at Carahsoft 124 E.Woolbright Rd. 11493 Sunset Hills Road Boynton Beach,FL 33435 USA Suite 100 Reston,Virginia 20190 EMAIL: lowm@bbfi.us EMAIL: Kimberly.Barrera@carahsoft.com PHONE: (561)742-6403 PHONE: (571)662-3450 FAX: (703)871-8505 TERMS: GSA Schedule No:GS-35F-0119Y QUOTE NO: 13454344 Term:December 20,2011-December 19,2021 QUOTE DATE: 08/21/2017 FTIN:52-2189693 QUOTE EXPIRES: 11/1512019 Shipping Point:FOB Destination Credit Cards:VISA/MasterCard/AMEX RFQ NO: Remit To:Same as Above SHIPPING: ESD Payment Terms:Net 30(On Approved Credit) TOTAL PRICE: $14,067.13 Cage Code:1 P3C5 DUNS No:088366767 Business Size:Other than Small Sales Tax May Apply TOTAL QUOTE: $14,067.13 LINE NO. PART NO, DESCRIPTION GSA QUOTE PRICE QTY EXTENDED PRICE ............. . APT-0382 DocuSign Business Pro for Gov-Seats $527.76 $489.31 G S A 25 --------- $12,232.75 DocuSign,Inc.-APT-0382 Start Date:11101/2019 End Date:10/31/2020 2 APT-0075 Premier Support 15%.of Recurring Fees $14.66 $14.22 GSA' 129 $1,834,38 (15%of List Price per$100 of List License Fees) DocuSign,Inc.-APT-0075 Start Date:11/01/2019 End Date:10/31/2020 SUBTOTAL: ... . ..... $14,067.13 TOTAL PRICE: $14,067.13 2X N CA TOTAL QUOTE: $14,067.13 Product Details Seat Allowance:25 Envelope Allowance:2,500 Terms&Conditions This Order Form covers the DocuSign Products and Services described herein and is governed by DocuSign's Corporate Subscriber Terms and Conditions available online at:http:llwww.carahsoft.com/application/files/1214/7516/7222/DocuSigr�.-CSA.pdf Please note that the"DocuSign Business Pro for Gov-Seats"sku includes a specific area in DocuSign's Data center for U.S.Government agency data storage.Since this specific area in DocuSign's data center has not been designated yet,the functionalities of Business Pro licenses will apply, but the separate storage area will become available when the government specific area is designated. CONFIDENTIAL QUOTE DATE: 08/21/2017 PAGE 1 of 1 QUOTE NO: Pa'gllgf�S'"u of 715 GSA Schedule No. GS-35F-0119Y Page 1 of 7 Call Us Today'(518)360-2107 i info@gsascheduler.com G. in Ct�� I'` SCHEDULER ,�� Home What Is A GSA Contract? List Of Schedules BLog Contact Us GSA Schedule No. GS-35F-0119Y Home GSA Schedule List GSA schedule No.GS-35F-01 19Y On this page, you will learn more about GSA Schedules and Interested In the specific contract number GS-35F-0119Y. Awarded by the General Services Administration, these schedules are Getting On the also known as 5-year contracts that are awarded to GSA? Fill Out The businesses. These schedules are presented by different Form BeLow: numbers, and each number means a different thing. Name For GSA Contract No. GS-35F-0119Y, it is a contract which is under the category GSA Schedule 70. The whole branch First of IT solutions is this schedule, and some of the examples include cloud IT services, data center services, computer hardware, software development and applications and Last many others. The GSA Contract No. GS-35F-0119Y has phone been won by leading IT solution provider Carahsoft in the year 2011 and will end in the year 2016. If you visit the Carahsoft's website, you will probably in awe with the number of other contract vendors they are working with. Email https://www.gsascheduler.corn/schedules/gsa-schedule-no-gs-35f-0119y/ P9 %f 715 GSA Schedule No. GS-35F-0119Y Page 2 of 7 As you can see, being able to get such a GSA contract What GSA means a lot to a company. If you are an IT solutions Schedule are you company, you should try to look for opportunities to apply interested in? for these contracts under GSA Schedule 70 and attempt to get a similar contract to C@r@hsoft. There are a few hurdles you would have to cross before being applying for them, Is there anything though - firstly you would have to have had been doing else you would business in that particular industry for two years or more like to tell us? (information technology sector this case). $150,000 in gross sales is also a requirement and also good and happy feedback from customers. Do not also think that you will be able to mark up your prices just because you won the contract - it is also a requirement to keep your prices What is your competitive and offer some of the best prices around the cage code or world. You would have to submit a proposal and list out all DUNS number? of these estimated pricings beforehand, and you have to seek approval if you want to increase them after you have won the contract. if you don't have one,just put"I don't Getting a GSA contract is not easy but with such stringent have one". requirements, only the best can compete for it. Strict restrictions can mean both increased or decreased SUBMIT competition depending on how you look at it. As only the best can compete, it helps to sieve out a lot of lousy companies and remove them from your competition. But at the same time, you are only competing for the best and the people awarding the contract would never settle for less. List Of GSA ScheduLes So if you are an IT solutions company and able to meet these requirements, it is best for YOU to try to win a contract > GSA Schedule similar to Carahsoft's GSA contract No. GS-35F-0119Y. 70 Even if you do riot rnanage to win the contract eventually, the process will help you to get your name known to other > GSA Schedule customers or companies, and you will still be able to benefit 84 from it indirectly. If you are interested in boosting your business and getting on GSA contract No. GS-35F-0119Y, > GSA Schedule contact GSA Scheduler today. 36 GSA Schedule GS-35F-0119Y https://www.gsascheduler.com/schedules/gsa-schedule-no-gs-3 5f-0 I 19y/ O% %f 715 GSA Schedule No. GS-35F-0119Y Page 3 of 7 Average Rating: 5 > GSA Schedule Votes: 5 56 Reviews: 24 > GSA Schedule 874 > GSA Schedule 871 > GSA Schedule 520 > GSA Schedule 48 > GSA Schedule 899 > GSA Schedule 75 > GSA Schedule 71 > GSA Schedule 66 > GSA Schedule 73 > GSA Schedule 738x > GSA Schedule 736 > GSA Schedule 76 https://www.gsascheduler.com/schedules/gsa-schedule-no-gs-35f-0119y/ P 0/3IY6011 of 715 IBOYNTONPURCHASE Asp ORDER FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200488 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/08/19 VENDOR 11272 SHIP TO: TO: NEWEGG.COM City of Boynton Beach 9997 E. ROSE HILLS ROAD WAREHOUSE WHITTIER, CA 90601 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 75099 ORDERING DEPARTMENT: JEN - DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 8 .00 EA SAMSUNG INSIDE DOME CAMERA 229 . 7100 1837. 68 QNV-70108 VENDOR ITEM NO: - 9SIV03HAC40932 2 44 . 85 DL SHIPPING . - 1. 0000 44.85 3 3 . 00 EA OUTDOOR NTWORTZCAMERA AXIS ' P1367 715. 0900 2145.27 VENDOR, ITEM NO.- 9SIV1PM7Ndr05, 6 4 2 . 00 EA NETWORK Ip CAMERA W./TRMAL AXIS 11-9 5 ;1900 7590.38 91:941-:E 3&M VENDOR ITEM NO. - 9SIV04 A2A2.576 REMARKS WILITIES REPLACING FP;ILED SECURI'T'Y CAMERAS DO NOT MAIL Pb WAREHOUSE :WILL, `SEND TO. VENDOR PROCUREMENT SERVICES: l l . TOTAL I PROCU P.O :— � � i 1618 . 18 ACCOUNT NO. PROJECT U f 403-5000-533 .65-02 WTR127 PURCHASING Page 262 of 715 x CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 i Dater v E Requesting Department 1. �� ,_, , E Contact Person: Explanation for Purchase: - Recommended Vendor � aA _.� ,Dollar Amount of Purchase ,�� Source for Purchase +)check and a c backup materials): Three Written QuotationsEEJ GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other i Contract Number. NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for PurcSO hase: Cca rS3 3._ Approvals: Department Head -- .. .. Date lia� Allr Purchasing Agent Date7 - _ Asst City Manager Date fly City Manager � �`"t'�-' Date I C g Form Revised 02101/02 Page 263 of 715 0\ Ol 1 H '"'I I LD r rl I N I H H M N r F , b F OD In h N m W W I 0 0 n F F U z civ V o r, Ln o m A A P I h FC HCno Ln cr w L H >1124 I O LL m AI I U] Iits z I H I> H F WIul U] W Z H i ' zCHA J, W I ' S W pq 1 A Boz wwoN ! I I zzr) (' •• I i I � i I N M ri 0 0 I I O h 00 lO z ul qN 1DW FRG z -I 1D A I e�Uyr� W WZ ca O 1 00 N MOD > O f F a) LnO ' ' O O OD o >'I W I r-I Ln lD I H H ,-I U F 1 '� N H 1 ID F rn rwn H[Fn i o W ih 00 0, 000 0o 1 z .0 u J� 4 m W 000 _ o C o O o+iimH O a ii �a h a oo H H FC UUUU 0 H rr0,�' ' N Ln H '-I m F H E. 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Did Piggy Back Bid # Sole Source Letter Other Page 265 of 715 111712019 My Shopping Cad-NeweggBusinGss 13 My Shopping Cart -------------- # 0. qA fr. �(0-9.913-1 2-345"-67�1�or M;;.Part" Enter�Item Qty. Add Remove All Move All to .. NEWEGOBUSINESS MARKETPLACE DIRECT DELIIVERY SERVICE 0 QuanW. $7,590.38 EJ ($3,795.19 ea.) AXIS 0788-001 Q1941-E 35MM 30 FPS In Stock I Item#-.9SIV04ZA2A2676 Sold by: IPC Store 0 Remove Move to... Subtotal: Shipping: $7,590.38 $0.00 0 Ship To Me 33435L"p a!!O j Media Mail(7-14 business days) Free 0 Standard Shipping(5-7 business days) $20.49 0 Expedited Shipping(3-5 business days) $27.49 NEWEGGIBUSINESS MARKETPLACE DIRECT OE IVERY SERVICE 0 Quantity: $2,145.27 ($716.09 ea.) https:llsecure.noweggbusinew.conVnewlehopping/shoppingcwt6px Page 266 dl 5 11/7/2019 ' �I My Shopping Cart-NeweggBusiness AXIS P1367 5 Megapixel Network Camera-Color In Stock I Item#:9SIV1 PM7NX0526 Sold by: California Displa+ Remove I Move to... SquareTrade Protection Plan ❑ 3 Year Electronic Protection Plan:$85.00 D 4 Year Electronic Protection Plan:$125.00 i Subtotal: $2,145.27 Shipping: $0.00 Q Ship To Me i 0 Standard Shipping(5-7 business days) Free 0 Expedited Shipping(3-5 business days) $90.00 0 Two-Day Shipping $255.00 NEWEGGBUSINESS MARKETPLACE DIRECT DELIVERY SERVICE %= :: •. ......, Quantity. $1,837.6' r 8 ($229.71 ea.) Samsung by Hanwha QNV 701OR In Stock I Item P 9SIV03HAC40932 Sold by: Unique os A of Remove Move to... M SquareTrade Protection Pian ❑ 3 Year Electronic Protection Plan:$30.00 ❑ 4 Year Electronic Protection Plan:$45.00 Subtotal: $1,837.68 Shipping: $44.85 0 Ship To Me Standard Shipping(5-7 business days) $44.85 httpsJ/secure.noweggbusiness.com/new/shopping/shoppingead.aspx I Page 267 of 715 11!7!2019 11 MIy Shopping Cart-NeweggBusiness U Expedited Shipping(3-5 business days) $109.,95 O Two-Day Shipping $219.95 ® One-Day Shipping $339.95 13 Item(s): $11,573.33 Shipping: $44.85 Grand Total: $11,518.18 Apply Promo Code A r Redeem NeweggBusiness Gift Cards j + Redeem Rewards BlzPOInts ® I + I SEC I URE CHECKOUT► - Or Checkout with: n BACK TO TOP i �. Help: (888)482-6678 hhpsJ/secure.neweggbusiness.com/new/shopping/shoppingcart aspx I Page 268 0715 i ' I b PEOPI:E WHO RGETIT' DEAR 3EN PACIELLO, ' Thank you for considering CDWaG for your computing needs. The details of your quote are below. C gk here to convert your quote to an order. QUOTEVI QUOTE-DATE QUOTE REFERENCE CUSTOMER#' GRAND TOTAL LBBZ410 11/6/2019 LBBZ410 4276732 _ ;12,276.52 ITEM QTY CDW# UNIT PRICE EI[7:PRICE, a WiseNe O ANV-7QIOR-network -Wance 8 4621992 $276.53 $2,212.24 camera Mfg.Part#:QNV-701OR UNSPSC:46171610 Contract:National IPA Technology Solutions(2018011-01) AXIS Pi367-E-network a�.r+�elllse I 3 4858871 $957.60 $2,872.80 Mfg.Part#:0763-001 UNSPSC:46171610 Contract:National IPA Technology Solutions(2018011-01) AXIS Q11941-P-thermal network camera 2 4678504 $3,595.74 $7,191.48 Mfg.Part#:0788-001 UNSPSC:46171615 Contract:National IPA Technology Solutions(2018011-01) 1 � r PURCHASERWBILLING INFO SUBTOTAL ;12,276.52 Billing Address: ! - SHIPPING $0.00 CITY OF BOYNTON BEACH,FLORIDA PURCHASING DEPARTMENT = _ 3301 QUNATUN BLVD STE 101 SALES'TAX $0.00 BOYNTON BEACH,FL 33435-3899 CfRAND'TOTAL= $12,276.52 Phone:(561)7.42-6000 _ Payment Terms:Net 30 Days-Govt State/Local a _ DELVeR TO Please remit to. Shipping Address: - = CITY OF BOYNTON BEACH,FLORIDA CDW Goverrinient - PURCHASING DEPARTMENT 75 Remlttanoe Drive 3301 QUNATUN BLVD STE 101 $ultie:1515 BOYNTON BEACH,FL 33435-3699 chic.3 IL 60675-1515 Phone;(561)742-6000 Shipping Method:UPS Ground(2-3 day) Mike Bucldey 1 (866)668-9496 1 mlkbu"cdwg.com i - This quote Is subjii4-W CDW's:Terms°and Conditions of Safes and Service Projects at ht#p•//www cdwo mm/mntg!]t erms-renditloal4 aw For more InfOrndtlon,Vont ad a CDW account manager ®2019oCoWpaj-10,'200 N.•Mllwaukee;Avenue,Vernon Hills;1;60061:i 800:808.4239 Page i of 1 Page 269 of 715 11/6/2019 I Amazon.com Shopping Cart All- Enter keyword or produ It number _ Departments Buy Again Today's Deals Giflais Add People Help EN Hello,Michael 13 Account for City of Boynt... Lists ✓ Don't forget about Pay by Invoicei Subtotal(13 items):$15,042.81 The purchasing line that lets you buy Inow and pay tater. i Proceed to checkout Shopping Cart ! — Price Your recently viewed Items 4MP OUTDOOR VANDAL DO E $220.37 I In Stock i AXIS Communications... SatB84nG Shipped from:UNIQUEPOS LLC r 2 offers from$2,345.00 Gift options not available.Learn more i See atl9 oons P n tiC Delete Save for later i Expansion Module-for... 0 I , 9 offers from$250.00 See a¢buying options AXIS Q1941-E PT 10MM 30 I'PS Mount $5,500.00 Thermal Network Camierai Only 2 left in stock-order soon. ; ADVANTIIS... Shipped from:Qulnntessentlal Systems 2 < Gift options not available Learn more! i $36.86 Ii } QtY 2 Delete Save for later l Add to Cart I � � Samsung SSD 860 EVO.., i - { 6,858 Network Surveillance Camera-Color $759.95 $139.99 1 (Day&Night)-5 MP-3072 x1728-CS- Addto cars Business Price � - Mount-vari-Focal-Audio- N 10/700 -MPEG-4,MJPEG,H.264,AVC-DC 8-28 I � WPoE — -a- Only-5 left in stock-order soon. v Shipped from:rr Shopp Gift options not available Learn more I Qty: 3 Delete Save for later Subotal(13 items):$15,042.81 1 Saved for later(1 item) UWS UWS-CAPS Transfer Tai'k Cap Each $37.58 Transfer Tank Cap r In stock Shipped from:Parts Via Delete Move to Cart Move to W Nsh List The price and availability of items at Amazon com are subject to change The Cart is a temporary place to Stora a list of your items and reflects each nems most recent price.Learn more Do you have a gift card or promotional code?Well ask you to enter your ciafm code when 1,1,time to pay. hVsJ/www amazon.con/gplcarW[ew.htmtlr+ef=lh tart Page 270 ofrt15 11/6/2019 1 Amazon.com Shopping Cart I Buy it again TIT . TMy' per,, 5treamfight 69260 TLR... Advocare Rehydrate... I VIVO Electric Motor Sit... HUAYY 3 Inches Width 3... $116.99 $49.95 4,157 7 23132 549.99 $9.99 Add to Cad Add to Cart I,Add to Cert , �Add to Cart '' Have an idea to he us improve?Send feedback > Get to Know Us Let Us Help You Wor with Amazon Business Solutions Business Settings Careers Help Sell or�Amazon Business Amazon Business Add people Press Releases Shipping Rates& Fulfill ant By Amazon Solutions Billing&shipping Amazon and Our Policies Purchasing Systems Advo se an Amazon Planet Business FAQ � Buying policies Amazon Business Card Sell rvices on Amazon Amazon in the Contact Us Certifications community Amaz n Global Selling Pay by Invoice Purchasing Company Facts Line System Integrations i Amazon Business Blog I prime Dish United States Ahm Annazon :Am on Amazon Mechanical VYhI q�y� MSenriees .� Web Turk K#ide Web sSe>N Services Onamn" IIAe 9r- sealable scalable s COnreM Soft Ammon Cloud VhokWw m5mbullOn 8 i Conditions of Use Privacy Notice Lased Ads O 199$-2019.Amazon==,bm cr a r affibies bttpsl/www.amazon.coMgpfcarUview.htmdreF>ti_cart Page 271 dll5 City of Boynton Beach Warehouse Special Order 07579 (purchase order) Vendor (Only one vendor per Special Order): Ship To: Attn: Warehouse Email Confirmation o 222 NE 9th Ave. Fax Confirmation To Boynton Reach,FL 33435 Total Cost of Order: _ Requesting art et UseWH Use Only t . It Description If SsA ClVviC ....c.�. _......_,,.... !J LJ i �Y0 1 i.{ r , •� � � -------- -T I � 4p f e. Requesting Department ate __ Budget Account# _ ; �'�- _ _ t Project# . — _ _ _ _ _ . _ (CTs only a account e or or�� applicable) v.... w � .. Department Director Signature (Signature is required of re r►r er can�c processed) eci rent Z ,tension or Cell Phone ro. �,� (The Warehouse will cl0wear the ord+�!. to the recipient) (WH Only)Orderplaced via: _. .. _ _._,__....._� Name ........_ . _ ... __.... Date- son for plcin or er. All copies are to be returned to the P� a warehouse when placing an order. Page 272 of 715 i s . Paciello, Jen I I From: Bryant,Waneya I I Sent: Wednesday, NoveTber 6,2019 3:34 PM To: Paciello;Jen I Subject: Re:Special )rde For security cameras 0 We are going with the 35mm. Thank you! i Sent from my Verizon,Samsung Galaxy smartphone Waneya Bryant Manager,Asset Management Systems ® Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach,Florida 33435 I 561-742-6427 ® BryantW@bbfl.us ( � http:/Jwww.boynton-beach.org/ E America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclos ire. --------Original message-------- From: "Paciello,Jen"<PacielloJ@bbfl.us> Date: 11/6/19 2:38 PM(GMT-05:00) To: "Bryant, Waneya" <BryantW@bbfl.us> Subject: RE: Special Order For securitycameras Hey Waneya, I'm checking to see if you were able to find out alio t the thermal image camera and what it will be used for. ' 1 Page 273 of 715 Jen Paciello Supervisor of Materials and Distribution Finance/Materials and Dls>ribution i Mailing Address%P.O. Box 30 1 Boynton Beach,Florida 33425 Physical Address:222 N.E.9 h Ave. I Boynton Beach, Florida 33435 k 561-742-6309 ® PacielloJ@bbfl.us Boynton-beach.org/ � I r Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresseIs are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. _.w --..... From:Paciello,Jen Sent:Wednesday,November 6,2019 10:23 AM To:Bryant,Waneya<BryantW@bbfl.us> Subject:Special Order For security cameras Importance:High ; Good morning Waneya, I am trying to get quotes on the cameras and the Network IP Camera W/Thermal Imaging has a couple different focal lengths to choose from.The choices are 7,13,19,and,35MM.if you aren't sure maybe you could tell me what this camera be looking at?Is it just looking down at a door and watching who comes in and out?Or is it a camera that you want to scan an entire parking lot? Let me know ASAP so I can get this order rolling. z Page 274 of 715 CITY F Y RT ASE ORDER FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE :#11/08/19 : 200489 VENDOR 14295 SHIP TO: TO: DANA SAFETY SUPPLY, INC. City of Boynton Beach 4100 N POWERLINE RD STE W4 POLICE DEPARTMENT POMPANO BEACH, FL 33073 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: CONTRACT NO _ •.• COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT CO5T COST 1 1. 00 EA WANCO #WVTM B PD SPEED TRAILER 19570.0000 19570. 00 PUBLIC SAFETY VENDOR ITEM NO. - NA 2 1. 00 EA WANCO RADAR PVER SPRED DETBCTI:OIV. PKG . 0001 . 00 VENDOR ITEM NO:. NA 3 1. 00 EA WANCO 4G C2LLULAR MODEM WGPS 0001 00 REMARKS MESSAGE SIGN FOR P.D.. QUOTE:#3 0793 6 6-A DO NOT MAIL. PO: P.-D.-WILL SEND. TO VENDOR �' 7 PROCUREMENT SERVICES: 19570. 00 L ,07- P.O. TOTAL: I� ACCOUNT NO. � .� - SEE BELOW PROJECT PURCHASING Page 275 of 715 Y RT ASE ORDER CITY OF FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200489 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/08/19 VENDOR 14295 SHIP TO: TO: DANA SAFETY SUPPLY, INC. City of Boynton Beach 4100 N POWERLINE RD POLICE DEPARTMENT STE W4 2045 HIGH RIDGE RD. POMPANO BEACH, FL 33073 BOYNTON BEACH, FL 33426 DEPARTMENT: ORDERING DEPAR REQUISITION NO. I DATE NEEDED: # COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT CUST COST ******************************************************************** * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ------------------------- --------------------------- REQ/ACCT ---------------- --- REQ ACCT DATEREQ BY PROJECT ------ -- AMOUNT ------- 0000075003 10/27/19 pOL1E - 10000. 00 00121105216402 - 0000075003 10/27/19 POLICE 9570. 00 69150005900421 PROCUREMENT SERVICES: P.O.TOTAL: ACCOUNT NO. PROJECT PURCHASING Page 276 of 715 CITY OF BOYNTON BEACH t,aFOR PURCHASE OVER REQUEST 1 0,000 30-Oct-1 Requesting ® Policeilio Explanation for Purchase: Message board/s r it r is being requested for the useon many of the is strategic crime initiatives and community safety ro r s. In addition, the boardill be usedin traffic s f t programs like "Click it or Ticket" to educatepublic, crime prevention messaging and for the use before ui r special v ns.a Additionally, we are requesting the use of$10,000 from the traffic safety provided by FSS31 (1 s it is a purchasethat relates to safety s r s r traffic law matters under FSS 316.622. Recommended Vendor Dana SafetySupply, Inc Doll Eir Amount of Purchase 19,570.00 7`te foPurchase (check and attach backup materials):r Three Written QuotationsED GSA Mate Contract PRIDE/RESPECT APS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number- NOTE: rmNOT : Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source Law fore ement Educ Fund 691-5000-590-04-21, General Equipment 001-2110-521-64-0 3 Approvals: Department H a r' v Date ,r Purchasing Agent 1 Date 2 — 2 Asst City ManagerDate City Manager Date v Form Revised 02/01/02 — Page 277 of 715 m m � i r H I ' r o W N M Srl I o ZH .a P�4 q i I a.4 0 POa m z caou° _ P4 > z ca n V4 I W W 1 CsI W 1 ° q I �I&P4 I m w I u U a F o 0 o W 0 0 0 0 o I i H m o o `'• . F4 4 I o 0 0 o I p F H 140 F U I o z 5+ W 0 � m a F , W O S F F o H H b M F HH w I o o o a 0 0 o o W 7 OU i o 0 o E O o 0 o O •''.: N r„ ul o O H I H W l F H o o H Ln z to Ln p O F a H N H N H W e!J 4y [.ffi al eel a w' Wrl H z a o w w r a o u z z 5z h W OH w0,H I o 0 0 �' z 0 X - EHw m+ w HQ. W H U q a I W COti W g W q F E W Q W z z W ` W ] H Q a I u z I a eFga ul F u z z z HO W W W W H U) a b a a H �41 ' H EI Q H H '�} 41 �+ 0z.`D W Olzaz W(u roWw 9Ww wW W WP4HWWWW 04 uv En EQ a PI .4 a H U z H H U~ alga zxa xa bb HPI OHw Hw OHO OI Cy xaw How dw 7 W�IYY W D W U U .ryHp W W CK W w L4 N z.a.�ryrypp .✓z`Zi a z,ry as 04 Se In Pi W H HPQ K4 W •Cy F H F H F H U z W'.�'amu z U z Z J-1 1 ' i7 GG�LUIC7 ,qw W W W H a W N a a H rQ I [d U V I w W w W x w ' N m ra r4 W a i w U `�w QH H N-.I G N w°,J a W`a a aba o N o O Of O >00 a CX 0 I MW04 wWw aWw H oo CO F H O A H O U E�-1 0 N N N W a� -,4 b b F o o 0 0 v N y H o H H ' " cliO edwe1O U W O$aF OH b ON N N U rhQ UO£ H H ub wO Um o 0 O N H 16'aU U V) IS`D 14 a Q 0W w O Cq -rl U L L q N P4 H W W H W I ~ N M `WZH H N M '.] w rl O 0 0 az a wN:[ o > C4 'j 04 Id M U O Page 278 of 715 Sales Quote DANA SAFETY SUPPLY,INC 4809 KOGER BLVD GREENSBORO,NC 27407 Sales Quote No.T 309336-A Telephone: 800-845-0405 Customer No. BOYTO Bill To Shit)To BOYNTON BEACH POLICE DEPT BOYNTON BEACH POLICE DEPT *DO NOT MAIL INVOICES* *DO NOT MAIL INVOICES* Contact:MATTHEW ZELLER Contact:ANTHONY PETRIELLO Telephone: 561-742-6114 Telephone:561-742-6114 E-mail: ZELLERM@BBFL.US E-mail:PETRIELLOA@BBFL.US Quote Date Ship Via 'F.O.B. Customer PO Number 1, Payment Method 10/17/19 GROUND FOB WANCOMESSAGE BOARD NET 30 Entered B Salesperson Ordered B Resale Number Jose Fernando Jose Ferrando ANTHONY PETRIELLO 85-8012621544CO Order '' Approve Quantic Quantic Tax Item Number J Description Unit Extended Price Price 1 1 Y MISC 19,570.0000 19,570.00 WANCO#WVTM-B-PD SPEED TRAILER-PUBLIC SAFETY Warehouse:DROP Vin#: 1 1 Y I MISC 0.0000 0.00 WANCO RADAR OVER SPEED DETECTION PKG Warehouse:DROP Vin#: 1 1 Y MISC 0.0000 0.00 WANCO 4G CELLULAR MODEM W/GPS Warehouse:DROP Vin#: 5YR WANCO FLEET MANAGERS SERVICE SHIP ING INCLUD D Approved By: ❑ Approve All Items&Quantities Ouote Good for 30 Days Print Date 10/21/19 Subtotal 19,570.00 Print Time 09:39:48 AM Freight 0.00 Page No. 1 Printed By:Jose Ferrando Order Total 19,570.00 Page 279 of 715 gANC6 Mini Message Signs Full-Matrix and Three-Line Easiest programming in the industry Capacitive touchscreen controller Intuitive interface with large buttons Safer programming at eye level Multi-level password protection Out of reach of the casual hacker a Better traffic visibility F� Less external wiring NTCIP compliant } S i � 4 Sw, df s.t In-Cabinet Controller (location shown below) Durable powder-coat finish,custom colors available Standard tow hitch and removable drawbar 11 Low power consumption and more uptime • Solar-charged deep-cycle batteries • Cooling fans overheat protection • Standard 15-amp AC charger included ? • Energy efficient and superior performance IN , Preprogrammed,custom and MUTCD graphics 360° display rotation for optimal positioning FA For optional equipment,contact factory i Page 280 of 715 The safest means for notifying o of changes IN in traffic patterns and road conditions,. Wanco Mini Message Signs are the ideal choice when you Dimensions in inches (cm) need to get information to the public. Mini-size signs provide Travel position versatility and great performance. Full-matrix signs provide the greatest flexibility for displaying any type of message—large or small letters,symbols,graphics. 'ot Graphics and text can be combined in the same message. a�► Three-line message signs are capable of displaying three rows n - of alphanumeric characters.The ultra-bright,highly legible LEDs e display your message clearly. ,"� Om Jd4 Polo (2t3)__... Changing the message is simple, as Wanco signs feature the as ,,,,,, easiest programming in the industry.The in-cabinet controller Deployed 0. has a 7-inch LCD capacitive touchscreen. 55 Signs come configured with preprogrammed standard messages. A quick-message function provides for display of select messages with a keystroke. Multiple programming 142 options provide flexibility for multiple applications. a Unsurpassed quality, engineering and value, paired with a multitude of functions and options,make these signs perfect for a wide variety of applications. Meets NEMA TS 4-2005 Section 2 for ambient temperature, _.�M� ► "04) �.. sat.� vibration, shock, electro-static discharge (ESD) and radio interference. Weight Approx.2640 lbs.(1193 kg) Tires ST205/75 D15 Matrix Signs Three-Line Signs WVTM(A) Hydraulic lift WVT3(A) Hydrauliclift WVTM(B) Manual winch WVT3(B) Manual winch Display Display Resolution Four amber LEDs form each pixel Resolution Four amber LEDs form each pixel Matrix 48 pixels wide,27 pixels high Font 1 font Fonts 12 fonts,selectable 5 x 7 pixels Default font 5 x 7 pixels 3 lines of 8 characters per line max. 3 lines of 8 characters max. Font size 9 x 14 in.(24 x 34 cm) Default font size 8 x 12 in,(21 x 30 cm) Power Power Batteries Four 6 Vdc deep-cycle batteries wired for 12 Vdc power Batteries Four 6 Vdc deep-cycle batteries wired for 12 Vdc power Battery capacity 430 Ah total capacity @ 12 Vdc Battery capacity 430 Ah total capacity @ 12 Vdc Solar panels 85W minimum Solar panels 85W minimum Power options Additional batteries,4D AGM batteries and solar panels Power options Additional batteries,41)AGM batteries and solar panels WANCO INC. 5870 Tennyson Street Due to Wanco's commitment to continuous Improvement of our products,all Information Is subject to change without notice. Arvada,Colorado 80003 Wanco and the Wanco logo are registered trademarks of Wanco Inc.All other trademarks are property of their respective owners. 800-372-0755 303-427-5700 ®2016 wanco Inc.All rights reserved.101/`80059 October 2016 303-427-5725 fax www.wanco.com Page 281 of 715 '.I Alk AMER ML MW InstAlert 48 Display cabinet:Aluminum,l5 ga • Full matrix display,48 x 27 pixels,1296 total, • All circuit boards conformally coated 47 mm pitch;55H x 96 W x 12D • Auto display board initialization function for position, • Pixel:4 LED with optical lenses and sunshades for no DIP switches optimal visibility,5 degree tilt downward for visibility • Individual pixel fault detection • Amber LEDs,590 nm nominal Controller • Fonts • In-cabinet,full color 7"touch screen controller(ICC) o 12"default height with 5x7 pixels,3 lines, with continuous message preview,no laptop required 8 characters/line • Display shuts off automatically after 10 minutes of o 21"height with 5 x 12 pixels,2 lines,8 characters/line inactivity o 42"height with 7x23 pixels,1 line,6 characters/line . Multi-level password protection o 8"height with 4x5 pixels,4 lines,9-12 characters/line . Messages InstAlert 68 o WYSIWYG programming • Full matrix display,48 x 27 pixels,1296 total, (what you see is what you get) 66mm square pitch;75 H x 138 W x 12 D o Text justification to center text-horizontal and vertical • Pixel:4 LED with Optical lenses and sunshades for optimal o 90 preprogrammed permanent messages with FHWA visibility,5 degree tilt downward for visibility standards • Amber LEDs,590nm nominal o 250 changeable message capacity • Fonts: o 10 volatile messages for ITS systems o 12 fonts,including: o Easy blanking o Default:18"height with 5 x 7 pixels,3 lines,8 characters/line Message creation o Largest:60"heightwith 11x23 pixels,1line,4 characters/line o Up to 10 screens per message,.1-to 25-second display o Smallest:12"height with 4 x 5 pixels,4 lines, time per screen 9-12 characters/line o Blinking modes:each screen of a message • Full range of MUTCD-compliant graphics with adjustable rates per screen • Auto-dimming with two photocells,one facing rear Schedule capability with internal real time clock and one facing front • LEDs indicate solar charging,power shutdown,schedule • Operating temperature range mode active,radar power o Operating:-20 to 165 F • Locked controller cabinet with 2 quarter turn latches o Storage:-40 to 185 F • NTCIP compliant,Version 2 • Temperature sensor controlled fans(2)with adjustable • TrafficBridgeTH Communication Module,Antenna,GPS settings to prevent overheating o 3G communication • NEMA TS 4-2005 compliant for ambient temperature, o Monitor sign location vibration,shock,ESD,radio interference • TraffiCloudTH Message Suite-NTCIP • Easily replaced display modules o Turnkey hosted system • Polycarbonate display window,0.15"thick, o Low battery alerts anti-glare UV resistant grade o Map view for fleet management • Door fully opens for service,including when in stored position; o Includes cell service Clasps hold display window closed,can be locked with padlock o Mass update capability - r , o .r ....._ f: offillsomm i! • TraffiCloud Traffic Suite-NTCIP • Removable 3 in square drawbar for shipping and o All features in Message Suite plus for added theft protection;includes 800 lb jack with o Automatic Data Collection caster wheel o Hosted data available to run variety of reports • DOT approved lighting-stop,turn lights;amber, o No IT support necessary red marker lights,license plate light;Flat 4 position Trailer molded plug standard,7 pin plug available • Telescoping tower with 360-degree display rotation on • Tie downs on each corner trailer base,disk brake holds display in place during Power operation,cradles support and holds board in travel • One 85W solar panel with solar controller;130W, position,no locking pins required.Welded structural steel 170W,260W arrays available • Sight tube for display positioning • Four AGM 6V flooded batteries wired in series/parallel • Overall Dimensions for 12VDC system,430 ah total capacity(Sealed AGM o Travel:152"Lx 84"W x 103"H with tongue batteries optional) o Deployed:83"Lx 96"W x 142"H with tongue removed • 30 day autonomy without sun • Weight • 15-amp charger,120VAC o Manual winch lift:1580#,717 kg • Locked battery box with user-supplied padlocks; o Hydraulic lift:1800#,817 kg Optional High security box with hidden hinges • Swivel jacks at each corner.20001b capacity each and hidden shackle padlocks Fused system,automotive style • Optional outriggers at each corner available • • Axle capacity 2000 lb with 5 bolt,4.5 in BC hub; options Double eye leaf springs Radar • Tires:ST205/75D15 steel belted trailer tires,load rating B o K band radar,FCC approved,CE Compliant • White powder-coat finish with 5 step high pressure o 1000 ft range phosphate wash and primer coat o 5-138 mph,+-1 mph to 40 mph,+-2 mph>40 mph • Manual lift with safety friction braking winch,1500# o Calibration not required capacity,1/4"cable,with spring loaded locking pin; o Enables traffic data collection,approach only Tower lift guided with nylon blocks (Traffic Suite) • Optional hydraulic lift system o Volume by time,speed o locking pin for deployed position; o Compliance electric motor driven o Speed by time,average and 85th percentile • 15 in tires,bolt on 16ga steel fenders Remote video monitoring system • 2-inch ball hitch standard,other hitch and pintle options available • Safety chains with latching S hooks LLT I All Traffic Solutions Inc. QUOTE -39067 SO L UT 10;;" o N s 12950 Worldgate Dr., TM Ste 310 DATE/TIME: 11/1/2018 PAGE Herndon, VA 20170 10:31:35 AM NO: Phone: 814-237-9005 1 Fax: 814-237-9006 Questions contact: MANUFACTURER: Independent Sales Rep: Asign ofthefuture- Tax ID: 25-1887906 All Traffic Solutions Paul Madsen 571-321-5459 x Mail Purchase pmadsen@alltrafficsolutions.co Orders to: m 3100 Research Dr. State College, PA 16801 BILL TO: SHIP TO: City of Boynton Beach City of Boynton Beach 100 E. Boynton Beach Blvd 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Boynton Beach, FL 33435 Attn: Anthony Petriello PAYMENT TERMS: CUSTOMER: 212713 CONTACT: (561) 742-6119 Net 30 ITEM NO: DESCRIPTION: QTY: EACH: EXT. PRICE: 4001122 InstAlert 48 Full Matrix Message Display, NTCIP, 1.00 $16,950.00 $16,950.00 with trailer, 55" x 96"display, 400Ah battery, 85W solar, White 4001133 App, Message Suite, NTCIP, (12mos) 1.00 $1,450.00 $1,450.00 4001021 TrafficBridge Cellular and 1/0 Module, for 1.00 $950.00 $950.00 installation into existing control panel enclosure (add modem) 4001131 InstAlert 48, 68 Radar Option, enables Your 1.00 $1,200.00 $1,200.00 Speed message 4001132 InstAlert 48/68, SpeedAlert 48/68 Hydraulic Lift 1.00 $400.00 $400.00 4000641 Shipping Common Carrier 1.00 $1,000.00 $1,000.00 Special Notes: -- SALES $21,950.00 AMOUNT: InstAlert 48—55"h x 96"w variable messaging display— SHIPPING: Radar-Trailer mounted with solar assist—Hydraulic lift- TOTAL: $21,950.00 1 year of TraffiCloud remote management web services - Onboard control—ship in and training. Page 284 of 715 Duration: This quote is good for 60 days from date of issue. _.... Shipping Notes: Unless shipping charges are specifically indicated,prices are FOB Destination. Shipping charges may apply Taxes: Taxes are not Included in quote. Please provide a tax exempt certificate or sales tax will be applied. Warranty: Unless otherwise indicated,all products have a one year warranty from date of sale. Warranty extensions are a component of some applications that are available at time of purchase.A Finance Charge of 1.5%per month will be applied to overdue balances.GSA GS-07F-6092R Authorization: By Signing below I indicate that I am authorized to commit my organization to the above. Print Name,Title Signature Date Page 285 of 715 Message C0111ter 360 r Mast-mount variable message signs Now, 2 models to choose from: 3'x 6'display panel - . .. ` }. s 4'x 8'display panel Stalker's Message Center 360 features innovative rotating mast mount design for easier travel, setup and positioning,along with a host of features and options. , LN Highly efficient travel configuration 300+memorized,customized, ' user-programmable messages Full matrix,amber LED characters- e legible at up to 850 ft. d` 4'x 8'display e (4)Deep-Cyte batteries-provide a 3'x 6'display- � longer time between charges and up to 21 days of operation ;Optional Traffic Data «4 Statistics Package e Optional top-mount solar panels for increased autonomy r ' Optional on-board modem ` ' provides web-based 4G remote access for real-time message updating,battery , voltage monitoring,and alerts. Page 286 of 715 Full Martrix LED Display ne y nt LED display Provides legibilityat up to 8W feet t for greater motorist complianceand safety,and a 10—year average operational life to reduce maintenanceMessage On-Board Dedicated Computer Specifications: A NTCIP compliant, y calendar Is Contralled by a dedicated® l;t computer. U.. laikke,onboard keyboard expedites setup - Length ior(2.72rn)vWthbVue with secure Password protection.Plus,250 55'(1 Arn)Wh®ut tongue text,60 graphic,and 20 arrow board display messages can be PrcProgrammed and stored in the controller.Additionally 100 user-created Tongue weight 75 lbs.134i 1 messages can be programmed and stored. I .s..,� . .., A, Deep-Cycle Batteries• LA Mechanism 1,500 lb an6-�v' lug Ir6 system (4)6-VOR deep-cycle batteries provide up lo 21 ec days of continuous operchan yielding longer Legibility up to 85D R.(260 m) 013ambonal time between beftery charges. mn Graffiti4tesistant Powdercoat Energy,, arra , The trailer are Powder Mind with a hsavy;dnc ui �s .u printer for impto 0raftiti and ft elements,while Autonomy 21 days 76'F(25®G) � „ 811,61981 construction Provides a sWidy plaftm and reduces damage s sustained In the fold. 11® " 140 m panels /Leveling Jacks _* Levelingwith slide-outa enhancedditty and told up and away for hrml. Radar-staltz swonaq 11 24.125 GHzI 30®x 32' Solar Panels TOP-Mounted r panels recharge a $worth allowing battery only4 urs b sunlightr won a . Integrated t (4 -134"(3.4m) ( -131°( .3m) When added to to MC360,the stalljoilesti package (travel)-1 (2. m) (tmveQ (2.5 m) gainers I ..__1—._.. supportgran writing and verificaliart of the sigres impact ( Sign Display an traft speeds. Height '(1.22m) 4C(.01 m) NEW 96'(2.43m) 77"(1. m)-Web-Based 40 Remote Access _ ViewingArea 44'x 84"(1.11 rn x 2.13 m) x 63*(.01 m x 1.6 rn) Reatime message updating and cannot isnow ChffacW Height 12`(30 cm)/18'(46 cm) W(22.66 an)-37'(93286n) available on all Stalker Message Center 360 (up to 4 lines) (up to 4 fines) traffers.The system is smart phone and tabiet compatible and ofbattery voltage Full Matrix Pixels 25 mws/46 columns 28 rows/48 columns monitoring Automated . "on The MC360 I hallers may be outtlited In an Electric °Winch An electric Coupler � available f a r i On push a button. m Wheal lock Wheal Jack applied concepts, inc. ' � � � 855 East Collins lard. Richardson,Texas 75081 72.3 m 7 Fax 972.398.3781 2008 QWfthr0to h r aKER '?�-R Page 287 of 715 .�w7rAIKERradar QUOTE #2033022 applI ed concepts, inc. 855 E. CollinsBlvage I of 1 d National Toll Free: 1-800-STALKER P Richardson, TX 75081 Date: 10/10/19 Phone: 972-398-3780 Dan Troutt Scott Berry Fax: 972-398-3781 Inside Sales Partner:1 972-801-4888 Reg Sales Mgr: 1 972-837-5129 Effective From : 1 011 0/201 9 Valid Through: 01/08/2020 Lead Time: 32 working days Bill To: Customer ID: 107154 §hf&To-, UPS Ground Boynton each Police Dept Boynton each Police Dept 100 E Boynton each Blvd Accounts Payable 100 E Boynton each Blvd Officer Anthony Petriello Boynton each, FL 33435-3838 Boynton each, FL 33435-3838 Grp Qty Package Description Wrnty/Mo Price Ext Price _ l 821-1100-00 Stalker M0360 Message Trailer(4'x6') 24 $16,054,00 $16,054.00 T Ln Oty Part Number Description Price Ext Price 1 1 015-2532-62 [253263]M0360 Message Trailer(4'x 8') $0.00 2 1 200-1229-00 Traffic Slats Sensor,2-Comm Ports, US ,Open Frame $0.00 3 1 006-0569-00 Certificate of Accuracy,Speed Sensor 11 $0.00 4 1 015-5779-00 [274712]M0360 Solar Panel $1,235.00 $1,235.00 7 1 200-1173-00 Stalker Traffic Analyst App,Thumb Drive, Manual $515.00 $515.00 8 1 011-0220-00 M 36 3'x6°and 4'x6'Trailer User Manual $0.00 9 1 060-1000-24 24-Month Warranty $0.00 10 1 005-0001-00 Carrier§22.c_ific odern ,287.00 $1,287.00 Group Total $19,091.00 P oduct $19,091.00 Sub-Total: $19,091.00 i count __$0_.00 Sales Tax 0% $0.00 Shipping&Handling: $500.00 Payment Terms: Net 30 days Total: USID $19,591.00 001 .. ..........._------ ............ ............. This Quote or Purchase Order is s—ubject in all respects to the Terms and Conditions detailed at the back of this document. These---- Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence,and indemnification provisions, all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding. Page 288 of 715 Joseph Deguillio Phillip L. Hawkins 3 y TO: Assit.Chief of Police FROM: Sergeant Uniform Services Commander Traffic Unit REF: Traffic Trailer/Message Board DATE: October 16,2019 _ Quotes �--- Attached are three(3) quotes for a new traffic trailer/message board. The criteria are set forth as follows: 48"x 96"message board 5 year warranty Remote 4G access Speed measurement Traffic Data collection. Page 289 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200512 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/15/19 VENDOR 17401 SHIP TO: TO: PURCHASE POINT EQUIPMENT SUPPL City of Boynton Beach 18202 MAPLE RD. FIRE STATION NO. 5 FORT MYERS, FL 33967 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 REQUISITION NO. 75054 ORDERING DEPARTMENT: MATT PETTY FIRE DEPT • DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: , LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 1. 00 EA GCT 5114 EV03 CQMBI TOOL 9394 . 0000 9394.00 VENDOR ITEM NO. - 159. 000. 046 2 2. 00 EA BATTERY 6AH 28:V 588.0000 1176. 00 VENDOR ITEM 1J'; 151. 0. 00-3:071: 3 1. 00 EA BATTE Y C'm4L.R BCH. 100-120VAC 4.00.0000 400.00 VEND' I TEM.,NO. - 15 0. 18 2.2:09 _ 4 2 . 00 EA -ST-AUT VEHICLE: STABILIZATION1f1 3;;0000 2046. 00 STRUT: VENb(fi` ITEM NO. - 150..'0:6-2 5 95. 00 DL ESTIMATIED.SHIPPING. 1 b0:0.0 95. 00 VEIT�OR ITEM: NO-W - SHZ 'p CNG :REMARKS SOLE: SOURCE VENDOR QUOTE #1:4:3:17 � PROCUREMENT SERVICES: _..w..— � I `p P.O. TOTAL: 13111. 00 ACCOUNT NO, PROJECT 001-2210-522.64-02 PURCHASING Page 290 of 715 4' I CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER , r $109000 Date: 11/6/2019 Requesting Department: Fire Contact Person: Matt Petty Explanation for Purchase: - Boynton Beach Fire Rescue utilizes Holmatro power tools and equipment for emergency operations related to vehicle extrication, vehicle stabilization, and other technical rescue operations. This purchase is to replace existing equipment and purchase new equipment that will integrate with the existing Holmatro tools. Recommended Vendor Purchase Point Equipment Supply, LLC Dollar Amount of Purchase $13,111.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source 0 Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: - 001-2210-522.64-02 Approvals: - Department Head Date Purchasing Agent Date Asst City Manager - _ Date City Manager - Date Form Revised 02/01/02 Page 291 of 715 Ol 0 7 H N I a a 0 0 ri H I I H I rI 1 ' I w IO O O O O O a I O cP 1D O lD Ill F F I O M o H Hm [- O m rI �i a 1 O I N N 0 , Ot 1 �M H w N H I Q Q O N O O O W M !! t H , H M 0 ; O O ri O 0 I w a I ,.. :... a H _ z o H 1 .1i 1 H I H 1 a I dl I I 1 M U a Z",a 1 I OUl Oo z ; zn F I H z QF I o o o o o o i >H o 0 0 0 0 uu w z W 1 0 o O o 0 0 ew r� 2 wO 1 I 0 0 0 0 0 F H xU i r o W In -1 I o o O 0 O O OD W i OM1 H `r o r I H r H ri r tD rI u W N MLT H U] z 1 F 1 H I a O O H ",! 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Fort Myers,FL 33967 (239)821-8373 Date 11-1-2019 Bill To: Boynton Beach Fire Rescue Ship To: TBD Ship via Best Way Terms Net 30 Rep NS Valid Until 1-1-2020 ITEM QUANT DESCRIPTION PRICE TOTAL 1. 159.000.046 1 GCT 5114 EV03 COMBI TOOL $ 9,394.00 ea $ 9,394.00 2. 151.000.307 2 BATTERY 6AH-28V $ 585.00 ea $ 1,176.00 3. 150.182.209 1 BATTERY CHARGER BCH2 100-120VAC $ 400.00 ea $ 400.00 4. 150.062.158 2 V STRUT VEHICLE STABILIZATION STRUTS $ 1,023.00 ea $ 2,046.00 5. SHIPPING ESTIMATED SHIPPING $ 95.00 Holmatro is Proudly Made in USA TAX TOTAL $ 13,111.00 Page 294 of 715 August 21, 2019 To Whom It May Concern: This letter is to certify in writing that as of this date, and until superseded in writing, Purchase Point Equipment Supply, LLC, with its principal location at: 18202 Maple Road Fort Myers, FL 33967 _www.nurchaseointeui com Mr. Nate Schwessinger (239) 821-8373 nateurchaseointecuin com is the sole authorized Holmatro Sales and Factory Authorized Service Dealer for South & Central Florida, including the counties of: Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla Sincerely, Tony Barboza General Manager Holmatro, Inc. SS 114 t24 - if s 11sj{Js � ��U2�'7+�4 r , 1e; .J i'S+�a,...d✓t'i(�.��i lr,:.�1li�,.�a�t S3 t t1—{ U,,f,r i .�}r� i1t t, � i�r,., .ik s� �.�.. �� .1... "�€„ r� _�, it ti it,�., s i r tat.<#t.,� � �r ,i,.: s s�, �«,�,;q3t t t�,�, ..a t#z t 4)I (..� i �� - _.��tt.,a „ti•„- a�.. t.. 7 �l zs�i��rst C•,�,.,i u.�l �4\}�rit E,,::�ir £�,51��,�ti rrPj� SII VSlul�t...�) � d $�t ,,,ur\��1 i�S�+-; 1 >t }�s- ,�,?>Jl t,,Y� .�,. - i. I Page 295 of 715 No,4 2015 11.15:50 PM EST .... _... __. .......... ........ _._.. _...... _.. _...... _ __.. File Edit Commands Help X e W--E.RION Na Account Balance Inquiry Fiscal year: 2020 Account number: 1-2210-522.64-02 Fund: 001 GENERAL Department: 22 FIRE (' Division: 10 FIRE Basic activity: 52 PUBLIC SAFETY Sub activity: 2 FIRE Element: 64 MACHINERY AND EQUIPMENT Object: 02 GENERAL EQUIPMENT MEE=! Budget: 35,402 Encumbered amount: 00 Pre-encumbered amount: .00 , Expenditures: 5,401.50 Total expenditures: 5,401.50 Balance: 30,000.50 ✓OK Cancel m. .. .� — g I Page 296 of 715 -..N-4.201912:1[2:03 PM EST ...___ ..._._ _._ ......... _ ......... ......... _...__. ......... _... ..... File Edit Commands Help Nsvttirsn' Vendor Information Vendor: 17401 PURCHASE POINT EQUIPMENT SUPPLY LLC Vendor type: B Business j Vendor status: A Active r Default account: Minority status: N Number of employees: Discount code: Discount percent: .00 +I' Discount days: i 1 Day of month discount: F%"trc i tt day cd Trwl6ti1 1 Alwl y to ffke discount — -- OK Discount percent: .00 '!exitt %Number of days: Cancel 1 Day of month discount: �Netdue.ue: GL miscell-, l 1. _.... ...._— DeBeil transactions I Procurement_. Page 297 of 715 rn,aslering power Quote Purchase Point Quote# 14317 Equipment Supply, LLC 18202 Maple Rd. Foil Myers,FL 33967 (239)821-8373 Date 11-1-2019 Bill To.- Boynton Beach Fire Rescue Ship To: TBD Ship via Best Way Terms Net 30 Rep NS Valid Until 1-1-2020 ITEM QUANT- I)ESCRIpTION PRJCF TOTAL 1. 159,000.046 1 GCT 5114 EV03 COMB]TOOL $ 9,394.00 ea $ 9,394.00 2. 151.000.307 2 BATTERY 6AH-28V $ 588.00 ea $ 1.176.00 3. 150-182.209 1 BATTERY CHARGER BCH2 100-120VAC $ 400.00 ea $ 400.00 4. 150,062.158 2 V-STRUT VEHICLE STABILIZATION STRUTS $ 1,023.00 ea $ 2.046.00 5. SHIPPING ESTIMATED SHIPPING $ 95.00 Holmatro is Proudly Made in USA TAX TOTAL S13,111.00 Page 298 of 715 August 21, 2019 To Whom It May Concern: This letter is to certify in writing that as of this date, and until SVP_erseded in writing, Purchase Point Equipment Supply, LLC, with its principal location at: 18202 Maple Road Fort Myers, FL 33967 www. urchaseointeui .com com Mr. Nate Schwessinger (239) 821-8373 n?teIurchase�aointe€ ul �.com is the sole authorized Holmatro Sales and Factory Authorized Service Dealer for South & Central Florida, including the counties of: Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands,t9Qsborou_qh, Indian River, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla Sincerely, Tony Barboza General Manager Holmatro, Inc. Page 299 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200517 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: • ®• $ •r DATE NEEDED: CONTRACT NO COMMISSION APPROVED: • • .-EI010251218 LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCOSDED 1 40. 00 DL MOT 1. 0000 40.00 TASK # ASPS-37-110419 COMMISSION APPROVED 0B/©:61 0:19 BID NO. 010 2 5;12 18/-7C 3 2 10325. 00 DL SIDEWALK REMOVAL 1.0000 10325 . 00 3 3240.00 DL ENTRTCE APRON '32EPAIR 1. 0000 3240 . 00 REMARKS NIEADQWS PARK SI'DEWAhI{ REPAIRS & ASPHALT REPAIR BID OZ0 2'S12 18/TB ' TASK ORDER :APS'P-3T-110:4.19 PROCUREMENT SERVICES: } ` P.O. TOTAL: 13605 .00 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 300 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200517 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: ® o d DATE NEEDED: COMMISSION APPROVED: . o LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST EXCOSDED * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* --------------------- _ ----------------------- REQ/ACCT DATE. REQ.. BY PROJECT AMOUNT -------------------- _ ------------------- 0000075139 11/12/19' ];NGI-TRER=/AG /AR. -CP.0263 10365. 00 30349045416324 0000075139 11/.1;2/19' ENGINEERING/AGGA/Pi$- CFfl266 3240. 00 30349055806308 PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT PURCHASING Page 301 of 715 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 t Date: 11/12/2019 Requesting Department: PW-Engineering Contact Person: Art Brode Explanation for Purchase: Sidewalk and Asphalt repairs at Meadows Park, Task No. ASPS-37-110419 Recommended Vendor Dollar Amount of Purchase Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other 0 Contract Number: 11�i d 191 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 303-4904-541-63-24, project#CP0263 = $10,365.00, 303-4905-580-63-08, project#CP0266 = $3,240.00 Approvals: Department Head 1( Date Purchasing Agent 2'7f Date I I Asst City Manager Date City Manager Date (L -01 Form Revised 02/01/02 Page 302 of 715 Ol 0) 1 , H r-I N M W i H r-1 (YJ i H r-i Ho 0 0 o Wo o O o W W � O o In o H H rt 'r N sr Orn q a i M N l0 �e IM lQ W W e1 > 23 i a (, ry W q � , H i O LS U W H qH i o 0 0 o i o 0 0 H W O 0 0 CD 0 aJ si o.: v H a a U i oar rNv o in i 0 0 0 c c F W z W i O N 0 i rI ro U U] W i M M i b4 l7) C ri r-I i Sa la bl C_J €.i_ GSL' � W fli O i `21 ' 1l 1J fl, ' G d> W U] H ca i O O O a z M H �7'+O O O O O f~° W In W H i-�U I O O O W H ra O i H w G W C) W H i H 0 r I p+ o z 4)0 F [� W r�i a C) a H i u 0 H £ m w � m W W � i c W r-I � w fz4 P rd co 41 10 UM,3M3wN H z aM h O i q q q 01 z 3x r i w fs, P-.)CN 10 N7jN�4 W �f�Y W 00•Hio-r1CDJ- WW QFC H 0 0 0 Z WU�UMU� p H as x H i O ' H U H 3 q w N CN , W W WQ W ai H W qW q i Z z i I-{ O H U H m Cw7 U z i U W uJ UJ w Vla U) a a a n rs cn w z CY � q Iq 4� H H H> J ' PW'.CHI) 04 CA W CH/) i W W W P z z z Hu)HenHX 1 Ch .80 so 0 1 OWOXOH p� NU U U a 1 \ \ z z ri)Pii- FCv]H w C7 Ul , 0>4 0 7+ O� i H 3 m >W>W✓W `�• 0 U04 UP ua f-LQ P4 Q P4 HXHXW t MU)HU)HH W �S 0 f P4- 041 wlI HU)H V]HU) /®q W i O� O H W\ W\ W W\ W U H1 \HW HX HHx i H a o w -Hz� zz� azo (n C7 Pq Hi > O 3 0 3 w 0 r 41 0 W a H O NUM aUW WUW i N N O ®® r- w in3A >�A �3A �D to W ry M 04 N a M O LL U) O 04 U) i ri r-I O z i i ti'' c. W i tl° IV ao PA O zP4 .. .. in In U) m Z rIS q WYgq 4>qq Her d, In O 1 WPH m OHO HO HO 0 0 0 rte® H FCCU P4 i H H '�1.HE WHA, i CA 61 G) V u) q� �lq UqE Oar v a H 00 W : H 000 00 00 UM M M 14 zU 3£U £U UO 0 0 U1 U .Y. (Yj W fYl Cn H O M : Ori OW E HOW qOq HOq l7 +®® 0 H W O HUU) HUw zum W q 1 H U m 04 1 W H W W U) H rl N M i H r-I N M U] H W az • a Page 303 of 715 Greco-Arencibia, Adrianna From: Brode,Arthur Sent: Tuesday, November 05, 2019 3:24 PM To: Greco-Arencibia,Adrianna Cc: Mendoza, Paola Subject: Meadows Park Sidewalk and Asphalt repair- PO for task order-ASPS-37-110419 Attachments: Meadows Park Proposal.pdf Hello Adrianna, Can you please create a PO for a new job with Atlantic Southern Paving-Task#ASPS-37-110419, Meadows Park. Sidewalk Repairs and Asphalt repair for the amount of$13605.00 • Please see attached quote that Atlantic Southern Paving and information for the project. • The project scope is to remove concrete sidewalk and replace with fill and sod, repair Asphalt entrance to park. • To be billed to the Sidewalks- replacement: 303-4904-541.63-24, CP0263 -$10,365.00 • To be billed to Street Maintenance/Impv : 303-4905-580.63-08,CP0266-$3240.00 Thank you very much, please let me know if you have any questions or I left something out, Art 1 Page 304 of 715 Sidewalk Removal and Asphalt Repair Proposal City Of Boynton Beach (Publicworks-Facilities Maintenance) Arthur Brode Project: Meadows Park 4305 N. Congress Ave. Boynton Beach, FI 33426 ATLANTICSOUTHERN PAWING AND SEALCOATING Rich Atzert Account Manager Page 305 of 715 Your Pavement Contractor Company Info Contact Person ATLANTICSOUTHERN PAVING AND SEALCOMING Rich Atzert Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd Rich c,`ratlanticsouthempavin2.com Sunrise, Florida, 33313 Cell:954-299-6114 Office 954-581-5805 P: 954-581-5805 F: 954-581-0465 "p://www.atianticsouthernpaving.com About Us We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK HERE FDOT Certified tr t r Page 2 Page 306 of 715 Proposal: SPark ATILA TICND duoaERN PAVINGING MOT 1. Item 7-Type II barricades 100 @ .40 each. Total Price for this item: $40.00 Sidewalk Removal 1. Item 98-concrete slab removal 3,640 SF @ $2.00 per SF. $7,280.00 2. Item 24-Import fill. 47 CY @$27.00 per CY. $1,269.00 3. Item 28-Floritam sod. 555 Sy @ $3.20 per SY. $1,776.00 Total Price for this item: $10,325.00 Entrance Apron Repair 1. Item 53-sawcut and remove asphalt. 65 Sy @$20.00 per SY. $1,300.00 2. Item 38- 1"asphalt. 4 tons @$390.00 per ton. $1,560.00 3. Item 39-additional 1/2"asphalt. 2 tons @$95.00 per ton. $190.00 4. Item 39-additional 1/2"asphalt. 2 tons @$95.00 per ton. $190.00 Total Price for this item: $3,240.00 Page 3 Page 307 of 715 Price Breakdown: Meadows Park ATLANTICSOUTHERN PAVING AND SEALCOATING Please find the following breakdown of all services we have provided in this proposal.This proposal originated on November 01, 2019. Item Description Cost 1 MOT $40.00 2 Sidewalk Removal $10,325.00 3 Entrance Apron Repair $3,240.00 Total: $13,605.00 Authorization to Proceed & Contract Payment Terms We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date: 7 Arthur Brode I Crew Supervisor Rich Atzert I Account Manager City Of Boynton Beach (Public Works-Facilities Atlantic Southern Paving and Sealcoating Maintenance) 6301 West Sunrise Blvd 222 NE 9th Ave Sunrise, Florida, 33313 E: Riche'�.e;atlanticsouthempaAn,.com Boynton Beach, FL, 33435 --- - - C:954-299-6114 brodea c� WAus P:954-581-5805 C: 561-742-6213 F:954-581-0465 0:561-742-6585 h4pJ/www.atlanticsouthernnavi.com Page 4 Page 308 of 715 Attachments ATLAN11[SOUTHERN PAVING AND SEAKOATING Please click any of the links below to view and print all documents. Company Attachments Aboutus Page 5 Page 309 of 715 Coversheet Page 1 of.2 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 8/6/2019 DCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR COMMISSION MEETING DATE: 8/6/2019 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 August 06,2019-"Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required,the Finance/Procurement Department submits requests for award to the Commission;requests for approval to enter into contracts and agreements as the result of formal solicitations;and to piggy-back governmental contracts. Options to extend or renew are noted in the"Agenda Request Item"presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM PRIMARY: ASPHALT& 010-2512-18TrB AUGUST $3,000,000.00 ATLANTIC SIDEWALK 08,2019 SOUTHERN REHABILITATION THRU PAVING AND AUGUST SEALCOATING 07,2020 LLC SECONDARY: M&M ASPHALT MAINTENANCE, INC.DBA ALL COUNTY PAVING HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As these roads age, they are requiring more maintenance(i.e. pothole and crack repairs). The renewal of these contracts extending the term an additional year will allow staff to continue the process of rehabilitating the City's roads and thus add 15+years to the road's service life and reducing maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. The agreement documents allow for two(2)additional one(1)year extensions and approval is requested to extend the term of the contracts for an additional one-year period thru August 07,2020,which will allow for continued uninterrupted service with the Same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted. Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ltemID=6413&M... FRiWW®of 715 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS August 06, 2019 REQUESTING DEPARTMENT.•PUBLIC WORKS DEPARTMENT CONTACT.-Andrew Mack TERM:August 08,2019 to august 07,2020 SOURCE FOR PURCHASE.Agreement(Award Bid No.010-2512-18/1T) ACCOUNT NUMBER:Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. VENDOR(S)AdanticSouthem Paving and Sealaoating,LLCaf Sunrise,Florida as Primary Vendor and M&MAsphalt Maintenance Inc dbaAll County Paving of Delray Beach,Florida as Secondary Vendor ANNUAL ESTIMATED EXPENDITURE.$3,000,000 DESCRIPTION: On August 07,2018,City Commission approved the award of Bid No.010-2512-18/IT forPsphak and Sidewalk Restoration,in the estimated annual amount of$3,000,000.00. The Agreement allows for two(2)additional one-year renewal terms under the same prices,terms and conditions. The vendor has agreed to renew the Agreement for an additional one-year term. t Page 311 of 715 The QFty of r, Finance/Procurement Services ` P.D. Box 310 §+ Boynton Beach,Florida 33425-0310 y Telephone No: (561)742-6310 FAX (561)742-6316 July 18, 2019 BID: ASPHALT AND SIDEWALK REHABILITATION(ANNUAL CONTRACT) BID No.: 010-2512-18/IT CURRENT AGREEMENT TERM. AUGUST 8, 2018—AUGUST 7, 2019 Agreement between the City of Boynton Beach and Atlantic Southern Paving & Sealcoating LLC AGREEMENT RENEWAL TERM: AUGUST 8, 2019—AUGUST 7, 2020 y Yes, I agree to renew the existing agreement under the same terms, conditions and additional one-year term. pricing for an No, I do not wish to renew the bid for the following reason(s) e� Atlantic Southern Paving&Sealcoating LLC. NAME OF COMPANY §- SIGNATURE e G�L W t NAME OF REPRESEN ATIVE TITLE (please print) I IT DATE _ (AREA CODE)TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Streom Page 312 of 715 The City of * may Finonce/Procurement Services fi P.O. Box 310 e� Y Boynton Beach,Florida 33425-0310 Telephone No: (561)742-5310 FAX: (561)742-6316 July 18, 2019 Michael Curry, President Atlantic Southern Paving&Sealcoating LLC 6301 W. Sunrise Blvd. Sunrise, FL 33313 VIA EMAIL TRANSMITTAL TO: mjamescurr(,a)atlantirsouthernpav_inc�.com BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-1811T CURRENT AGREEMENT TERM: AUGUST 8, 2018—AUGUST 7, 2019 Dear Mr. Curry: The current agreement term for the"ASPHALT AND SIDEWALK REHABILITATION"expires August 7, 2019 The agreement documents allow for two(2)additional one(1)year extensions and we would like to extend the bid for an additional one-year period with the same terms,conditions and pricing. Please indicate your response on the following page and return it to Procuremert Services via email to marmerg bbf,gs at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Buyer at(561)742-6318. Sincerely, Tim W. Howard Assistant City Manager-Administration cc: Gary Dunmyer, MBA, P.E. City Engineer Central File File America's Gateway to the Gulf Stream Page 313 of 715 Coversheet . Pagel of 2 7.C, BIDS AND PURCHASES OVER$100,000 an/2018 wDCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Award Bid No.010-2512-18/IT to the two(2)lowest responsive and responsible bidders,Atlantic Southern Paving and Sealcoating,LLC of Sunrise, Florida as Primary Vendor and M&M Asphalt Maintenance Inc.d/b/a All County Paving of Delray Beach,Florida as Secondary Vendor,for Asphalt and Sidewalk Restoration,in the estimated annual amount of$3,000,000.00.The initial contract period starts on the date of award and terminates one year from that date contingent upon receipt and approval of insurance and applicable payment and performance guaranties. EXPLANATION OF REQUEST: Initial Bid Term:August 8,2018-August 7,2019 The purpose of this contract is to provide asphalt and sidewalk rehabilitation and associated work on an as needed basis per the specifications and requirements as defined within the bid documents. It is intent of the City to place order with the lowest priced bidder, designated as the Primary Vendor;the next low bidder will be designated as the Secondary Vendor. Purchase Orders issued under the Secondary award will be issued when the Primary Vendor voluntarily defers the Work,when the Primary Vendor is unable to perform or when the City determines that the Primary Vendor's maximum service capacity has been reached(based upon outstanding City Purchase Orders)and additional service capacity is still needed by the City to meet City's service timeframes. In the next 12 months,it is anticipated that Public Works Engineering,Utilities,and Facilities will use this contract for approximately$3 million worth of road and sidewalk rehabilitation/repairs,parking lot sealcoating and parking lot construction. On June 15,2018,the City opened a total of six(6)submittals to this Bid.The submittal from Florida Blacktop,Inc.was deemed non-responsive for not meeting the minimum licensing requirements of the Bid. The submittal from Janice M. Riley, Inc. dba The Paving Lady was deemed non- responsive for failure to return Addendum No.1 as required by the Bid. In accordance with the terms and conditions of the Bid,the City reserves the right to make multiple awards for this Bid and to award to the vendor(s) whose bid represents the most advantageous bid to the City, price and other factors considered.Awards may be made to a maximum of two(2) responsive,responsible bidders on an item-by-item basis or for all items,whichever is in the City's best interest. In order to establish the lowest responsive and responsible bidders for award of this Bid,Public Works Engineering staff took what they estimated to be a typical project for the City and entered each vendors unit price into a quantity take off for that project.The results showed that Atlantic Southern Paving and Sealcoating was the low responsive bidder(primary)and M&M Asphalt Maintenance, Inc. dba All County Paving was the second low responsive bidder(secondary). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As these roads age,they are requiring more maintenance(i.e.pothole and crack repairs). The award of this bid will allow staff to begin the process of rehabilitating the City's roads and thus add 15+ years to the road's service life and reducing maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. FISCAL IMPACT: Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. ALTERNATIVES: Reject all bids received.Resolicit the requirement.Require staff to perform these services in-house. STRATEGIC PLAN: I �h STRATEGIC PLAN APPLICATION: _Z_5`� \`'q —s I-(P CLIMATE ACTION: No Awl _��., * CLIMATE ACTION DISCUSSION: �`, 'K�,� ��j _ .�$ nom®r Is this a grant? Grant Amount: https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=4400&M... PWQ19/30118of 715 77ze City of Boy ton Beach Finance/Procurement Services P.O.Box 310 a ,aad f Boynton Beach,Florida 33425-0310 s. Telephone No: (561)742-6310 FAX (561)742-6316 August 15,2018 Michael Curry, President Atlantic Southern Paving&Sealcoating LLC 6301 W. Sunrise Blvd. Sunrise, FL 33313 VIA E-MAIL TO: mjamescurry@atlanticsouthernpaving.com REF:AWARD OF BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) Dear Mr. Curry At the meeting of August 7,2018, City Commission awarded the subject Bid to your firm. The initial tern of the Contract will be from August 8,2018 thru August 7, 2019. A link to the approved agenda item and associated backup may be obtained at the following link: htt sa/bo ntonbeach.novusa enda.com/a endaintranet/CoverSheet.as x?ItemID=4400&Meetin ID=197 Please submit your company's Certificate of Insurance, in full accordance with the terms and conditions of the Bid to my attention at your soonest convenience. Please ensure that the City of Boynton Beach is listed on the Certificate as an additional insured. In addition, please submit Performance and Payment Bonds in the amount of$350,000. Upon receipt of the Performance/Payment Bonds, properly recorded in Palm Beach County records and Certificate of Insurance, we will provide you with a purchase order. The Contract Manager for this Contract is Gary Dunmyer, City Engineer, Telephone: (561)742-6231 and e-mail:dunmver_g0bbfl.us. We would like to thank you for responding to this Invitation to Bid and we look forward to working with Atlantic Southern Paving&Sealcoating on this requirement. Sincerely, /JWP. /l-lietllt O Ilyse Triestman, CPPO, CPPB Purchasing Manager cc: Gary Dunmyer, MBA, P.E., City Engineer Central File File America's Gateway to the Gulf Stream Page 315 of 715 oa PES m `m e3 Z 7i W LL o .. s r o EaLL a J, m N ,r= IE S gs 9 a .SM 1 v� m mI s 1 m a� pp 'ag_fig m . mm as iii aE W ;.2 � .. O m S Z�� 0 m F' m P m, m m OO O W§O.e.� c 'O N rc J J o amg l N a w N n Y g j..j W m.' m 1- N ®O m Q N z n a oU o N w nj WIn W a a N 7',. F- Uzi U p,, z 0 Oho a o� w O-N' qqu LU U W,.W F W Z,,Q Wm Mj WOWC 'm m ffi F ¢fid o i B U' U' z� 4'v y oN Ow Qma a w� y�O tom 8 Q W J a ® c�e¢ Y W a JQ F gIL1 c CL OOZ w ® O, SO ICw O 2, Kw 15Y 'Ow �O E�� ZZ s n S VJ 000 w O CU, UWW,,. oz zF 00 Uh 0C7€ ffim'mE' v Q O f0 r a Q L7 J. Z a N U a_? Ulu$ K C:fC O Page 316 of 715 r co- renci i , Adrianna NUMMENUMMEMEffam From: Dunmyer, Gary Sent: Friday,August 24, 2018 4:51 PM To: Greco-Arencibia,Adrianna Subject: PO for Atlantic southern Paving and Sealcoating On the V meeting in August the commission approved$3,000,000 for this contractor, Ilyse may have the approved COI. Has the PO been issued? If not can you look into doing it for me? Gary Gary Dunrnyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33426 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6231 DunmyerG@bbfl.us�. Y � ��' Boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 1 Page 317 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200518 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 75140 ORDERING DEPARTMENT: ENGINEERING/AGGA/PM „� a"� I DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: a 010251218 LINE$# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 40 . 00 DL MOT 1. 0000 40 . 00 TASK # ASPS-20-071819 COMMISSION.APP:ROV-8 08/05/2:0:19 BID NO 01:0 2'5::X2 1$/.TB 2 2400. 00 DL OBJECT I.D....4, 5, 8, 9, 10, 11-1 :1 1. 0000 2400.00 24: HANDICAPPED DETECTABLE WARNINGS: 3 750 . 00 DL OBJECT ID ;6 1 .:0000 750. 00 SAWCU ', REMOVE AND REPLACE 4FT WIDE :CONC}2ETE S_IDWALK ('4. thick) RAMICAPP;ED DETECTABLE WARNINGS: 4 3495„ 00 DL ORT-ECT ID :_12 1 00;00 3495. 00 FDOT. :INDEX 304 :HANDICAPPED S'TDEWALK (:WITH . DETECTABLE :WARNING) . . VALLEY GUTTER CURB: : : : 5 3495 . 00 DT; OBJECT :ID: 13 1.0 .0 0 0 3495.00 FDOT...INDEX :3 04.:HANDICAPPED SIDE.,ALK :(WITH DETECTABLE: WARNING) ALLEY GUTTER CURB ' 6 3789 . 00 DL OBJECT. 14 1 . 0000 3789. 00 FDOT INDEX 304 UM. I,CPPED STD:EW.LK; (WITH DETECTABLE :WARNING) ' VALLEY GUTTER.)CUA CONCRETE CURB TYPE F 7 3315. 00 DL OBJECT 15 1 . 0000 3315. 00 FDOT INDEX 304 HANDICAPPED PROCUREMENT SERVICES. .,� 1��5 � ”) P.O. TOTAL: .t. .... ====� ACCOUNT NO. PROJECT 303-4904-541.63-03 TR1701 PURCHASING Page 318 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200518 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 75140 ORDERING DEPARTMENT: ENGINEERING/AGGA/PM • ` ' i DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: . a 010251218 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST SIDEWALK (WITH DETECTABLE WARNING) VALLEY GUTTER .CURB 8 3000. 00 DL OBJECT ID I.G. 1.0000 3000. 00 FDOT Ih1DEX. 304. .RANDICAPPED SIDEY;IALK .(:WITH `' DETECTABLE 14 RN:ING) . 9 3000. 00 DL 4BJEC`T 1D :17: : : 1 '0000 3000. 00 _: 'DOT INDEX 304 HANDICAPPED SIDEWALK: .(WITH D:ETECTABZlE. WARNING) 10 5601. 00 DL OBJEiT 2D: :18 1.00:00 5601.00 FDOT. INDEX 304 HANDICAPPED SIDEWALK : (:WITH I)ETECTABliE WARNING`). CONCRETE. .CURB TYPE F BAW.CUT AND REMOVE. 1.5" ASPHALT 11 4590 . 00 DL OBJECT ID 19 ] 0O00 4590. 00 FDOT :INDEX. 304 HANDICAPPED S IDEWAL$: :(WITH. . DE'T'ECTABLE WARNING) VALLEY GUTTER: CURB SAW-CUT RENIfl VE. :AND REPL C.E 4F I WIDE CONCRETE SIDEWALK ( '! THICK) 12 660. 00 DL OBJECT ID 2'1, 1.0000 660.00 SAWCUT, REMOVE AND REPLACE 4FT WIDE CONCRETE SIDEWALK (4" THICK) PROCUREMENT SERVICES: q I 1 �P-O. OTAL ACCOUNT NO. PROJECT 303-4904-541.63-03 TR1701 PURCHASING Page 319 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200518 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 75140 ORDERING DEPARTMENT: ENGINEERING/AGGA/PM DATE NEEDED: 1 CONTRACT NO. COMMISSION APPROVED: I 010251218 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 13 1445. 00 DL OBJECT ID 23 1.0000 1445. 00 SAWCUT, REMOVE AND REPLACE 4FT WIDE CONCRETE SIDEWALK HANDICAPPED DETEC.TABL81 WARNINGS 14 525. 00 DL OBJECT ID -25..: 1.0000 525. 00 SAWCUT ,. REMOVE AND REPLACE 4"T WIDE 6ONCRETE'...., ..... (4�' THTCK) .. Hm -TcAPP26 DETECTABLE WARN)NGS 15 4845. 00 DL': OBJECT ID. 26 Z 0D0.0 4845. 00 F-DQT 1 NDE-X 3 04 HANDICAPPED S.IDEWALR :(WITH: :. ` DETECTABLE WARNING).— GALLEY GUTTER CURB: SAWCUT; REMOVE AND REPLACE 4FT. WZDE: :CONCRETE S_D'EWALR :{4" THICK . 16 4620 , 00 DL OBJECT: ITa :2� Q00 4620 . 00 FD OT INDEX. 304 :HANDICAPPED S WALK: :(WI'T'H: . 13ETECTABLE WARNING) VALLEY'.:GUTTER CURB SAWCT�T t REMOVE 'AND REPLACE. .4FT WIDE CONCRETE SIDEWALK,' S <" THICK) 17 3720. 00 DL OBJECT 28 1.0000 3720 .00 FDOT INDEX 304 .HANDTCAPPED SIDEWALK (WITH DETECTABLE WARNING) VALLEY GUTTER CURB PROCUREMENT SERVICES: V ,.yi ®` 1 P.O. TOTAL: ACCOUNT NO. PROJECT 303-4904-541.63-03 TR1701 PURCHASING Page 320 of 715 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200518 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 75140 ORDERING DEPARTMENT: ENGINEER ING/AGGA/PM • ""• DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: _.. 010251218 LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCOSDED ALA TRANS IT!ON PHASE I Vpfi.'IOUS CITY LOCATION BTB 010 0 2 1 -1 fT TASK ORDER ASP - 0-0','1.'1 5 j 1 PROCUREMENT SERVICES: 4" P.O TOTAL: 49290. 00 ACCOUNT NO. PROJECT 303-4904-541.63-03 TR1701 PURCHASING Page 321 of 715 'ITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date: 11/12/2019 Requesting Department: PW-Engineering Contact Person: Art Brode Explanation for Purchase: ADA Ramps Rehabilitation - Phase I - Various areas throughout the City, Task No. ASPS-20- 071819 Recommended Vendor Dollar Amount of Purchase --� Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other 0 Contract Number: A6 1p '0?5 W 'T6 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. 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HzFC zC7zFC zCh WzFC C7 W WzFC L7 U' Q h > 1 09 couO zx U0 c FCz0z FCz �OW z fX ao3 rCz W LL 0 O NUW WUW FCU WUW HUM H UW z U F�Uq Z o w M3Q mW3A W4 WyA va3Q vU3Q gra 3H gra N a NLLm Qwm >iJ Qwm or.Cam o aam o mwm o y` ' FC ' -Z (D O N fn 3 M r�3 W r13 a W r) 0 124 z H H , m O oEEA0 QNPO Aad aH0 QW14PO QWa W�DhPO a WF4 ,H7 UPO �nW,wa O FC H , Fti H H HNHX H WHA HQpgH HQ(YJ OHX Hn 0 WHA, HQ H U w , m no A� aC FCQ zFCAz zFC A£ zFC HQX zea H � a H 000 H 00 HH 7 U00 HHHOO HHH y+00 HHH � WOO HHH EXU UHZU U FC H2U U U x U U U W2U U U w axU U U m U i x x zx WQXM WU3 QzM w H W x WH O Hz AOHW 7zaWHW a USW WHW Oxx p 0a0Q H Um WFUm g3hOH -a zOQ hOHH Um WQWUm mnw ✓Um WQWW Q EH CO) W OOmm OL+Q OCA OaQ rOUmpQW N U 0 N4 0 a H W , m H W , ri N r- .1 z az , Page 326 of 715 Greco-Arencibia, Adrianna From: Mendoza, Paola Sent: Thursday, November 07,2019 9:05 AM To: Greco-Arencibia, Adrianna Subject: PO For Task#ASPS-20-071819,ADA Ramps Rehabilitation- Phase I Attachments: Proposal_revised.pdf Importance: High Hello Adrianna, Can you please create a PO for a new job with Atlantic Southern Paving-Task#ASPS-20-071819,ADA Ramps Rehabilitation- Phase I,for the amount of$$49,290.00 • Please see attached quote that Atlantic Southern Paving and information for the project. • The project scope is to repair and bring to ADA standards 23 ramps within the northwest quadrant of the City • To be billed to the Sidewalk Ramp ADA:303-4904-541.63-0k TR1701 3 Thank you very much, please let me know if you have any questions or I left something out, Paola Paola Mendoza Associate Engineer Public Works/Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 f Physical Address: 3301 Quantum Blvd.,Suite 101 ! Boynton Beach, Florida 33426 i` 561-742-6266 • • _ MendozaP@bbfl.us Ir ,, boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 1 Page 327 of 715 ADA Transition Proposal City Of Boynton Beach (Public Works-Engineering) Gary Dunmyer Project: ADA Transition Phase 1 Multiple Locations Boynton Beach, FI 33426 ATILANTICSOUTHERN PAVING AN SEALC ATING Rich Atzert Account Manager Page 328 of 715 Your Pavement Contractor Company Info Contact Person ATLANTICSOUTHERN PAVING AND SEALLOATING Rich Atzert Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd RichatlanticsouthernGavinn.com Sunrise, Florida, 33313 Cell:954-299-6114 Office 954-581-5805 P:954-581-5805 F: 954-581-0465 httoJ/w ptlanticsouthernpavin .com About Us We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK HERE FDOT Certified Contractor Page 2 Page 329 of 715 Proposal: ADA Transition Phase I AnARICSOUTHERN PAVING AND SEALCOATING MOT 1. Item 7-Type 11 barricades. 100 @$.40 each. Total Price for this item: $40.00 Object ID - 4, 5, 8, 9, 109 11, 21, 24. 1. Item 95-8 @$300.00 each. Handicapped Detectable Total Price for this item: $2,400.00 Warnings Object ID 6 1. Item 93-60 SF @$7.50 per SF. -Sawcut, Remove and Replace 4ft wide Concrete Sidewalk (4" thick) Item 95- 1 @$300.00 each. -Handicapped Detectable Warnings Total Price for this item: $750.00 Object ID 12 1. Item 85- I @$3,000. each. -FDOT Index 304 Handicapped Sidewalk (with detectable warning) Item 88- 11 LF @$45.00 per LF. -Valley Gutter Curb Total Price for this item: $3,495.00 Object ID 13 1. Item 85- 1 @$3,000. each. -FDOT Index 304 Handicapped Sidewalk (with detectable warning) Item 88- 11 LF @$45.00 per LF. -Valley Gutter Curb Total Price for this item: $3,495.00 Object 14 1. Item 85- 1 @$3,000. each. -FDOT Index 304 Handicapped Sidewalk (with detectable warning) Item 88-5 LF @$45.00 per LF. -Valley Gutter Curb Item 87- 12 LIF$47.00 per LF. -Concrete Curb " Type F Total Price for this item:$3,789.00 Page 3 Page 330 of 715 Proposal: ADA Transition Phase IATLANUCSOUTHERN PAVING AND SEALCOATING Object 15 1. Item 85- 1 @$3,000. each. -FDOT Index 304 Handicapped Sidewalk (with detectable warning) Item 88-7 LF @ $45.00 per LF. -Valley Gutter Curb Total Price for this item: $3,315.00 Object ID 16 1. Item 85- 1 @$3,000. each.- DT Index 304 Handicapped Sidewalk (with detectable warning) Total Price for this item: $3,000.00 Object ID 17 1. Item 85- 1 @$3,000. each. -FDOT Index 304 Handicapped Sidewalk (with detectable warning) Total Price for this item: $3,000.00 Object ID 18 1. Item 85- 1 @$3,000. each. -FDOT Index 304 Handicapped Sidewalk (with detectable warning) Item 87-8 LF $47.00 per LF. -Concrete Curb " Type F " Item 53-48 SY @$20.00 per SY. -Sawcut & Remove 1.5" Asphalt Item 38-3 tons @$390.00 per ton.-1"Type S-111 Asphaltic Concrete place by paving machine, including tack material&compaction(0 ton to 10 ton assignments) Item 39- 1 ton @$95.00 per ton. -Each Additional 112"Type S-111 Asphaltic Concrete place by paving machine, including tack material&compaction(0 ton to 10 ton assignments) Total Price for this item: $5,601.00 Object ID 19 1, Item 85- 1 @$3,000. each. -FDOT Index 304 Handicapped Sidewalk (with detectable warning) Item 88- 12 LF @$45.00 per LF. -Valley Gutter Curb Item 93- 140 SF @ $7.50 per SF. -Sawcut, Remove and Replace 4ft wide Concrete Sidewalk Total Price for this item: $4,590.00 (4" thick) Object ID 22 1. Item 93-88 SF @$7.50 per SF. -Sawcut, Remove and Replace Oft wide Concrete Sidewalk (4" thick) Total Price for this item: $660.00 Page 4 Page 331 of 715 Proposal: ADA Transition Phase IATLAMNSOUTHERN PAVING AND SEALMATING Object ID 23 1. Item 93-36 SIF @$7.50 per SF. -Sawcut, Remove and Replace ft wide Concrete Sidewalk (4" thick) Item 95- 1 @$300.00 each. -Handicapped Detectable Warnings Item 38-2 tons @$390.00 per ton. -1"Type S-111 Asphaltic Concrete place by paving machine, including tack material&compaction(0 ton to 10 ton assignments) Item 39- 1 ton @$95.00 per ton. -Each Additional 112"Type S-111 Asphaltic Concrete place by paving machine, including tack material&compaction(0 ton to 10 ton assignments) Total Price for this item:$1,445.00 Object ID 25 1. Item 93-30 SF @$7.50 per SF. -Sawcut, Remove and Replace 4ft wide Concrete Sidewalk (4" thick) Item 95- 1 @$300.00 each. -Handicapped Detectable Warnings Total Price for this item: $525.00 Object ID 26 1. Item 85- 1 @$3,000.each. -FDOT Index 304 Handicapped Sidewalk (with detectable warning) Item 88- 16 LF @$45.00 per LF. -Valley Gutter Curb Item 93- 150 SF @$7.50 per SF. -Sawcut, Remove and Replace 4ft wide Concrete Sidewalk (4" Total Price for this item: $4,845.00 thick) Object 27 1. Item 85- 1 @ $3,000. each. -FDOT Index 304 Handicapped Sidewalk (with detectable warning) Item 88- 16 LF @$45.00 per LF. -Valley Gutter Curb Item 93- 120 SF @$7.50 per SIF. -Sawcut, Remove and Replace 4ft wide Concrete Sidewalk(4" Total Price forth is item: $4,620.00 thick) Object 28 1. Item 85- 1 @$3,000.each. -FDOT Index 304 Handicapped Sidewalk(with detectable warning) Item 88- 16 LF @$45.00 per LF. -Valley Gutter Curb Total Price for this item: $3,720.00 Page 5 Page 332 of 715 Price Breakdown: Transition has 1 f OUTHERN PAVING ANGSEAL[ORTING Please find the following breakdown of all services we have provided in this proposal.This proposal originated on October 25,2019. Item Description Cost 1 MOT $40.00 2 Object ID-4, 5,8, 9, 10, 11, 21,24. $2,400.00 3 Object ID 6 $750.00 4 Object ID 12 $3,495.00 5 Object ID 13 $3,495.00 6 Object 14 $3,789.00 7 Object 15 $3,315.00 8 Object ID 16 $3,000.00 9 Object ID 17 $3,000.00 10 Object ID 18 $5,601.00 11 Object ID 19 $4,590.00 12 Object ID 22 $660.00 13 Object ID 23 $1,445.00 14 Object ID 25 $525.00 15 Object ID 26 $4,845.00 16 Object 27 $4,620.00 17 Object 28 $3,720.00 Total: $49,290.00 Authorization to Proceed & Contract The above prices,specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed,this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project. This proposal is good for a period of up to 90 days from the date of the proposal. Average cost per ramp= 49,290/23= $ Z143 Page 6 Page 333 of 715 Proposal: ADA Transition7 ATLANnCSOUTHERN PAVING AND SEALCOATING Payment Terms We agree to pay the total sum or balance in full upon completion of this project. NO deposit required. Date: Gary Dunmyer City Engineer Rich Atzert I Account Manager City Of Boynton Beach(Public Works-Engineering) Atlantic Southern Paving and Sealcoating 3301 Quantum Blvd, Suite 101 6301 West Sunrise Blvd Boynton Beach, FL, 33426 Sunrise, Florida, 33313 E: Rich atlanticsouthernpavin _com Dunmyerg bbfl.us C: 954-299-6114 C: 561-945-9394 P: 954-581-5805 0: 561-742-6231 F:954-581-0465 Mp://www.atlanticsouthernr)avincom Page 7 Page 334 of 715 Coversheet Page' ] of 2 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 8/6/2019 CITY OF BOYNTON BEACH 3 AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 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 August 06,2019-"Request for.Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required,the Finance/Procurement Department submits requests for award to the Commission;requests for approval to enter into contracts and agreements as the result of formal solicitations;and to piggy-back governmental contracts. Options to extend or renew are noted in the"Agenda Request Item"presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TE PRIMARY: I ASPHALT& 010-2512-18/TB AUGUST $3,000,000.00 ATLANTIC SIDEWALK 08,2019 SOUTHERN REHABILITATION THRU PAVING AND AUGUST SEALCOATING 07,2020 LLC SECONDARY: M&M ASPHALT MAINTENANCE, INC.DBA ALL COUNTY PAVING HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As these roads age,they are requiring more maintenance(i.e. pothole and crack repairs). The renewal of these contracts extending the term an additional year will allow staff to continue the process of rehabilitating the City's roads and thus add 15+years to the road's service life and reducing maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. The agreement documents allow for two(2)additional one(1)year extensions and approval is requested to extend the term of the contracts for an additional one-year period thru August 07,2020,which will allow for continued uninterrupted service with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted. Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: https://boyntonbeach.novusagenda.com/Agenda.Public/CoverSheet.aspx?ItemiD=6413&M... RAW&§ of 715 I R ' CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS August 06, 2019 REQUESTING DEPARTMENT.PUBLIC WORKS DEPARTMENT CONTACT.•Andrew Mack TERM.,August 08,2019 to august 07,2020 SOURCE FOR PURCHASE:Agreement(Award Bid No.010-2312-18/IT) ACCOUNT NUMBER:Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. VENDOR(S)AdanficSouthern Paving and Sea ng,LLCofSunrise,11wNd as Pdrnary VendbrandM&MAWMItMaintenance Inc dbaAN Countyftwig of Delruy ,Florida as ry Vendor ANNUAL ESTIMATED EXPENDITURE.$3,000,000 DESCRIPTION. On August 07,2018, City Commission approved the aword of Bid No.010-2512-18/17 forAsphalt and Sidewalk Restoration,in the estimated annual amount of$3,000,000.00. The Agreement allows for two(2)additional one-year renewal terms under the some prices, terms and conditions. The vendor has agreed to renew the Agreement for an additional one-year term. Page 336 of 715 The City of qy '' . Finance/Procurement Services P.D. BOX 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 a FAX: (561)742-6316 July 18, 2019 BID: ASPHALT AND SIDEWALK REHABILITATION(ANNUAL CONTRACT) BID No.: 010-2512-1811T CURRENT AGREEMENT TERM: AUGUST 8, 2098-AUGUST 7, 20'9 Agreement between the City of Boynton Beach and Atlantic Southern Paving 8 Sealcoating LLC AGREEMENT RENEWAL TERM: AUGUST 8, 2099-AUGUST 7, 2020 Yes, I agree to renew the existing agreement under the same terms, conditions,and ricin for an additional one-year term. pricing No, I do not wish to renew the bid for the following reason(s) Atlantic Southern Paving&Sealcoating LLC. NAME OF COMPANY SIGNATURE W �- t NAME OF REPRESEN ATIVE TITLE (please print) DATE (AREA CODE)TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 337 of 715 City The .... nton Beach Finance/Procurement Services r P.O. Box 310 r Boynton Beach,Florida 33425-0310 b + ,w Telephone No: (561)742-6310 FAX. (561)742-6316 ` .j� July 18, 2019 Michael Curry, President Atlantic Southern Paving&Sealcoating LLC 6301 W. Sunrise Blvd. Sunrise, FL 33313 VIA EMAIL TRANSMITTAL TO:m amescurr atlanticsouthernravina.com BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-18/IT CURRENT AGREEMENT TERM: AUGUST 8, 2018—AUGUST 7, 2019 Dear Mr.Curry: The current agreement term for the"ASPHALT AND SIDEWALK REHABILITATION"expires August 7, 2019 The agreement documents allow for two(2)additional one(1)year extensions and we would like to extend the bid for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmere��bbf.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Buyer at(561)742-6318. Sincerely, 001 0- Aqt-%LQ Tim W. Howard Assistant City Manager-Administration cc: Gary Dunmyer, MBA, P.E.City Engineer Central File File America's Gateway to the Gulf Stream Page 338 of 715 The City of t.. . . Finance/Procurement Services P.O.BOX 310 Boynton Beach,Florida 33425-0310 Telephone No: {561)742-6310 FAX (561)742-6316 July 18,2019 Jeffrey Cohen, Vice President M&M Asphalt Maintenance, Inc. d/b/a All County Paving 1180 SW 10 Street Delray Beach, FL 33444 VIA EMAIL TRANSMITTAL TO PUBLICWORKSQALLCOUNTYPAVING COM BID: ASPHALT AND SIDEWALK REHABILITATION(ANNUAL CONTRACT) BID No.:010-2512-181IT CURRENT AGREEMENT TERM: AUGUST 8,2018 AUGUST 7,2099 Dear Mr. Cohen: The current agreement term for the"ASPHALT AND SIDEWALK REHABILITATION"expires August 7, 2019 The agreement documents allow for two(2)additional one(1)year extensions and we would like to extend the bid fior an additional one-year period with the same terms,conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmere Cbbfl us at your soonest convenience: If you should have any questions, please do not hesitate to If Eric Marmer, Buyer at(561)742-6318. Sincerely, ..�L Tim W. Howard Assistant City Manager-Administration cc: Gary Dunmyer, MBA, P.E. City Engineer Central File File America's Gatewoy to the Gulf Stream Page 339 of 715 The City of Finance/Procurement Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 fAX: (561)742-6316 July 18, 2019 BID: ASPHALT AND SIDEWALK REHABILITATION(ANNUAL CONTRACT) BID No.: 010-2512-18/iT CURRENT AGREEMENT TERM: AUGUST 8, 20'8—AUGUST 7,2019 Agreement between the City of Boynton Beach and All County Paving AGREEMENT RENEWAL TERM: AUGUST 8,2019—AUGUST 7, 2020 Yes, I agree to renew the existing agreement under the same terms,conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) All County Paving q7Z- NAME OF COMPANY SIG AT R NAME OF REP`ESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER ��Vl�,�(��S �c �ca �Urn a�V E-MAIL America's Gateway to the Gulf Stream Page 340 of 715 Coersheet Pagel o 7,C. BIDS AND PURCHASES OVER$100,000 817/2018 0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/712018 REQUESTED ACTION BY COMMISSION: Award Bid No,010-2512-1 8117 to the two(2)lowest responsive and responsible bidders,Atlantic Southern Paving and Seal sting,LLC of Sunrise, Florida as Primary Vendor and M&M Asphalt Maintenance Inc.d/b/a All County Paving of Delray Beach,Florida as Secondary Vendor,for Asphalt and Sidewalk Restoration,in the estimated annual amount of$3,WOO,000.00.The initial contract period starts on the date of award and terminates one year from that date contingent upon receipt and approval of insurance and applicable payment and performance guaranties. PLANATION OF REQUEST: initial Did Term.August 8,2018-August 7,2019 The purpose of this contract is to provide asphalt and sidewalk rehabilitation and associated work on an as needed basis per the specifications and requirements as defined Mthin the bid documents. It is intent of the City to place order with the lowest priced bidder, designated as the Primary Vendor;the next low bidder will be designated as the Secondary Vendor. Purchase Orders issued under the Secondary award will be issued when the Primary Vendor voluntarily defers the Work,when the Primary Vendor is unable to perform or when the City determines that the Primary Vendor's maximum service capacity has been reached(based upon outstanding City Purchase Orders)and additional service capacity is still needed by the City to meet City's service timetrames. in the next 12 months,it is anticipated that Public Works Engineering,utilities,and Facilities will use this contract for approximately$3 million worth of road and sidewalk rehabilitationfrepairs,parking lot seal acing and parking lot construction, On Jane 15,2018,the City opened a total of six(6)submittals to this Bid.The submittal from Florida Blacktop,Inc.was deemed non-responsive for riot meeting the minimum licensing requirements of the Bid. The submittal from Janice M. Riley, Inc. dba The Paving Lady was deemed non- responsive for failure to return Addendum No.1 as required by the Bid. In accordance with the terms and conditions of the Bid,the City reserves the right to make multiple awards for this Bid and to award to the vendors) whose bid represents the most advantageous bid to the City, price and other factors considered.Awards may be made to a maAmum of two(2) responsive,responsible bidders on an item-by-item basis or for all stems,whichever is in the City's best interest. In order to establish the lowest responsive and responsible bidders for award of this Bid,Public Works Engineering staff took what they estimated to be a typical project for the City and entered each vendors unit price into a quantity take off for that project.'rhe results showed that Atlantic Southern Paving and Seale ting was the low responsive bidder(prtrrdary)and M&M Asphalt Maintenance, Inc.dba All County Paving was the second low responsive bidder(secondary). HOW WILL THIS AFFECT CITY PROGRAMS O SERVICES? Many of the City's roads are over 26 years old and have,ex° eded their service life expectancy. As these roads age, they are requiring more maintenance(i.e.pothole and crack repairs). The award of this bid will allow staff to begin the process of rehabilitating the City's roads and thus add 15°+ years to the road's service life and reducing maintenance sts. With less maintenance, staff time can be directed towards other facility maintenance projects. FISCAL IMPACT- Each PACT:Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. ALTERNATIVES: Reject all bids received.Pesolicit the requirement.Require staff to perforin these services in-house. STRATEGIC PLAN: STRATEGIC P APPLICATION: � — SWD a 000 CLIMATE ACTIO • No CLIMATE ACTION DISCUSSION., Is this a grant? Grant Amount: https://boyntonbeach.novusagenda.corn/AgendaPublic/CoverSheet.aspx?ItemID=4400&M... IRLig of 715 7he City of Boynton Beach k Finance/Procurement Services s P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No. (561)742-6310 FAX. (561)742-6316 August 15,2018 Michael Curry, President Atlantic Southern Paving&Sealcoating LLC 6301 W. Sunrise Blvd. Sunrise, FL 33313 VIA E-MAIL TO:mjamescuny@atlanticsouthernpaving.com REF:AWARD OF BID NO. 010-2512-18/IT—ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) Dear Mr. Curry At the meeting of August 7,2018, City Commission awarded the subject Bid to your firm. The initial term of the Contract will be from August 8,2018 thru August 7,2019. A link to the approved agenda item and associated backup may be obtained at the following link: htt s://bo ntonbeach.novusa end i.com/a_gendaintranet/CoveLSheet.as x?ItemID=4400&Meetin ID=197 Please submit your company's Certificate of Insurance, in full accordance with the terms and conditions of the Bid to my attention at your soonest convenience. Please ensure that the City of Boynton Beach is listed on the Certificate as an additional insured. In addition, please submit Performance and Payment Bonds in the amount of$350,000. Upon receipt of the Performance/Payment Bonds, properly recorded in Palm Beach County records and Certificate of Insurance,we will provide you with a purchase order. The Contract Manager for this Contract is Gary Dunmyer, City Engineer,Telephone: (561)742-6231 and e-mail:dunmvergObbfl.us. We would like to thank you for responding to this Invitation to Bid and we look forward to working with Atlantic Southern Paving&Sealcoating on this requirement. Sincerely, ISP. T/estxaff Ilyse Triestman,CPPO, CPPB Purchasing Manager cc: Gary Dunmyer, MBA, P.E., City Engineer Central File File America's Gateway to the Gulf Stream Page 342 of 715 s �® $ P ffi ffi ffi g J E 04 w 2 z n n ch �� '9 C Ll J3„ 6 9 m z ° e �p r ®; c ItA 51 n� A delzl S82 m z8 € z E C f y a g� 3 2 4 2 W :01 >W h IG gg Y a.... w ma- 2 d z J o F m o....,ppU LLO w W' a Qr t,.F V) LL d® ® Hp® F ® NSF Z 2,. t. LL LL mF V! W0. wO O oO0 a0 0 fZ_°w Kr Z U O IOL U 16 m F_ or W a a r Z WNn `5J v....w wLL,'. �� z a wm ® m ° d I-IIJN D O K..'U (9Z OY 7 Zy U'W S p®d a H «d a d 0 000 i° Q z3F 0w o0 € 8'm p wJ Oui z F r a 5 S rQ J W J O f> Z j � d z K r 0 OKE W 00 wo E-• OOZ w a Z,Zw � Y 0 yY OW 2 EEf�� UV Wj 0 WD t� Z14-. p0 V N p19€ 5 o m d m® o m e a � z am o3 a? vuis ��rc o Page 343 of 715 Greco-Arencibia, Adrianna From: Dunmyer, Gary Sent: Friday,August 24,2018 4:51 PM To: Greco-Arencibia,Adrianna Subject: PO for Atlantic southern Paving and 5ealcoating On the 1t meeting in August the commission approved$3,000,000 for this contractor. Ilyse may have the approved COL Has the PO been issued? If not can you look into doing it for me? Gary Gary Dunmyer, MBA, P.E. City Engineer -, Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33426 Physical Address:100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6231 0 DunmyerG@bbfl.us = boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 1 Page 344 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200519 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/18/19 VENDOR 16003 SHIP TO: TO: CARDIAC SCIENCE CORPORATION City of Boynton Beach 500 BURDICK PKWY POLICE DEPARTMENT DEERFIELD, WI 53531 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33426 REQUISITION NO. 75148 ORDERING DEPARTMENT: POLICE • ®• DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: r LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCOSDED 1 17. 00 EA POWER HEART G5 FULLY AUTO DUAL 1250. 0000 21250. 00 LANGUAGE QUICK RESPONSE PKG: . (1). G5,:,FULLY AUTO DUAL LANGUAGE ENGLISH/LA'I'AM SPANISH AEl3, (1) .G5 INTELLISENSE BATTERY, ('.2) LEI`S G5: 1N'FELLTSNSE ADULT -. DEFIBRILLA'T'ION PADS; (l). PREMIUM CARRY CASE;: (.1) UNIVERSAL :R)3ADY:: KIT;; (1). AED MANAGER, (:1) : USE CABLE; (1 SET) PRINTED G5 t75E1Z G TID STEPS TO; RESCUE, GETTING.: STARTED :(ENG) {1 . SET:) PRI.NTWED G5; USER GUID:E, STEPS Ta RESCUE, G8TTING STARTEb (E P) AND MULTI .LINGUAL ELECTRODE TNSTRUCTI'QNS: .POR U. VENDOR ITEM: NO':'- G'5A=80A.-P 2 3 . 00 EA POWERHEART: G5 INTELLISENSE :ADULT0001 . 00 D> .'.IBRILATION PP,DS.: NON=POLARIZED PADS. FOR. USE WI'T`H..:. THE: Po)mz tART::G5. TO DELIVER: D2FIBRILLATIDN: THERAPY: 2 YEAR, SHELF- LIFE: VENDOR:, ITEM NO: XELAE0001B 3 36. 00 EA AED 3 D WALL SIGN AND 0001 . 00 CABINET/DOOR DECALS . VENDOR ITE1li NO..: 1610;:-500 :-001 . 4 1. 00 EA POWERHEART :G5 FULLY DUAL: IANdmCE . 0001 .00 QUICK RESPONSE:. PKG: (1) G5 PULLY' AUTD' DUAL LANGUAGE ENGLISH/LATAM SPANISH AED, (1) G5 INTELLISENSE BATTERY; (2) SETS G5 INTELLISENSE ADULT ..___ PROCUREMENT SERVICES: �t "� ;�' : � 1 -- � P 0. TOTAL: , 1 �� 1 ACCOUNT NO. PROJECT 501-2516-519.64-33 PURCHASING Page 345 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200519 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/18/19 VENDOR 16003 SHIP TO: TO: CARDIAC SCIENCE CORPORATION City of Boynton Beach 500 BURDICK PKWY POLICE DEPARTMENT DEERFIELD, WI 53531 2045 HIGH RIDGE RD, BOYNTON BEACH, FL 33426 REQUISITION NO. 75148 ORDERING DEPARTMENT: POLICE • " DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: a LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCOSDED DEFIBRILLATION PADS; (1) PREMIUM CARRY. CASE, (1) UNIVERSAL READY KIT; (1). AED MANAGER, (.1) USB CABLE, (;l SET) ..PRINTED G-5' USER' GUIDSTEPS TO RESCUE, GETTING STARTL? (ENG) (1 SET) PRINTED G5. USE1 GUIDE -STEPS TO R�ESC�7E;, GETTING. STARTED (ESP) AND MULTI_ ITN�xT7AL ELECTRO DE. INSTRUCTIONS FOR USB VENDOR ITEM NO. := GSA 80A-P, -REMARKS AST) FOR PATROL :UNITS: PIGGYBACK .STS.. C.0- CT 42.172101-18 N.A'SPO ACS QUOTE::#00013678 DO NOT: MAIL PO .- P.D... WILL SEND TOVENDOR PROCUREMENT SERVICES: .f 4 P.O. TOTAL: ��212-50. 00 I ACCOUNT NO. PROJECT 501-2516-519.64-33 PURCHASING Page 346 of 715 � CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $105,000 ,w , Date: 11/13/2019 Requesting Department: Police Contact Person: Capt. Zeller Explanation for Purchase: This is to purchase AED for patrol operations and vehicles. They will be part of the standard equipment in the vehicle. Our goal is for all marked patrol vehicles to have AED's. Recommended Vendor Dollar Amount of Purchase Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: 42172101-18-NASPO-ACS NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: MACHINERY AND EQUIPMENT/VEHICLE PURCHASES: 501-2516-519-64-33 Approvals: f Department Head i{` °., ' Date 11r`j, Purchasing Agent , � �- Date Gl ! Asst City Manager Date City Manager - Date i Form Revised 02/01/02 Page 347 of 715 J 1 � � I H H I M m W I 1 � 'A 7-. 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H E I o H H W a o o Z m H m I O O O O d O I O O O O H UO I o 0 0 o H O o I 'n O H H r W O U N W N F ON .Z m N o W OW p cH1i ' d o E" U H W E d E a a a d p ai I O V z 5 a W W 01 i I W O Oa E a E i o 0 0 o a i z a m 01 a s O E M ly H i I H M a ww w a ' E W qw 5 z Ln 0wm x po w w o p z a z N d u U Em O7 x m WFQ O OOno b I ad C7 I UC7z m W Qa H a axN-- E.0 I U H ma m Ha W Wp m E+W O E W mm� Eq W z OI d W C7H m azFw r•C x WH •-HW E UW W a^WHa W F m as •-m x E. as za UHEaam Hx a C7? q za W I W W daH --maEz aE+Z a xzad?+H FH W H to wa>I mo w o U U W04 04 MME E EH H.T.H > W'j H E I$a a > a w pa Qaaw W 0a wE+E a 0 p W Ez W 0 -p a Wm H FC I@wQmzU Wm W Hr.$ W mW m aU' 4Oa--zw£ Wm dd zIQCS0 HpmW Q,3a m. am W a W H EIF,0 m N W W i qx I rSZ]7 d`J H F a H a H O H W a W E H H V cpm u EEaa EwH xa .rJ F oaaers0M 14 Fp as �a o z wmHa ama Ha qHa d m m wu Ha p wH a ,OZ401 ppW da \aa p z.aaH0 Wda s a HmE W-- Hap Q H ap E C7 W H a--W I a pa HwQmc� wm aaw wm wwm zd ma�v -wapwm W I q as W D W W a OW a Z I.�HwH •-W mm a I - aaa W pq 'a W N0 'a H ' a0HM W pp W a I :4 a4 oaQw N Uo 'a W M a 7awaaU `- 0 a xH awE-, ma a zma a a 0 W W W mN w a I ux dw4 11 Qwau�Za 10 zd �zFo ]ozq�c�aowmz] > x W E W Ho H H 01 Q W a qEH E- - QE'Zi Ha W W ya NmN •. Oa W a a W 7 W p a W OW O W U U a C9 H C7 m E 7.a E W a q W Q, y+a N p •-m E H H I H H I a HHE W W W Q W W a 0M ;4 El E+ w I a a p m x a m m a a U H N a U 'a V a S d m m H m U W U M O O I wH aHa a ad H H 'Z H O H H ()' H H pa a a �-m W S+ 0G]ppa H[4 W pa Hpa F.14 UH WN0apa I p N m zq-.z F O7 o0 woo woo p--m --H- Z Foo 1 �n C7 E 0 EH H0Z Wa Nr7NH W a W a mw zy. mE W m Wa I m S+ z O7 FC-�HW W H H 0OL7a a C7 P,14 W Ez I H W O z l F x E N H a a m aC�a -m H H .. .. N Z F O i aad--d W W I >+q H E+w PIQ a9'Iq EC7 W Hry W W W 91q Eto d a a'I H U' Q H H O F z a a H O z F 0 a_40 UU C9 g H 0 W F O O E I W W\ aa-- HEH O WHE HE a dH— QHE LN H a I xmW Hm -p Q W z W xqE pQE u�W xw p -O QE ON H o W.I z m a a a W C7 O O x x m 0 0 1 0 0 x`-m F< U' -W a 0£0 I U••I H a a l fL'0H W W W W p U a sa V MEWUW a zHzH 'JE£££V I dlOt7 H O m I 3WO E-NH Wmwgop Moz o no 3O7aHW Wzrjjr p E W I O W z d W W m U m O d O W U m U m O x a N a W m W G]a U m Cl a Q aawWQac�ap sear aam0aarD -aw x a H w Z P4m H(YJ I H N M dl I 7.1 H az a Page 349 of 715 r i � v'. `� E'h', , sil l kli ,€ R u o CARDIAC R science, i 'i Company Address Notes: _. Cardiac Science Corporation The cost is discounted below Florida state contract 41172101-18-NASPO-ACS as on additional 500 Burdick Parkway incentive. Also,as a one time offer,an additional G5 AED unit will be provided free of charge as Deerfield,WI 53531 long as the order is received by close of business on Nov.19,2019. Prepared For Name:Matt Zeller Created Date:November 8,2019 Phone. Quote Number:00013678 Email zellerm@bbfl.us Expiration Date:November 29,2019 Bill To Name ......_ --mm Ship To Name: w _ .... ._- _.._..m CITY OF BOYNTON BEACH POLICE DEPT�(29176-3 CITY OF BOYNTON BEACH POLICE DEPT�(29176_-3 Bill To Address. Ship To Address: PO BOX 310 2045 HIGH RIDGE RD �......w BOYNTON BEACH,Florida BOYNTON BEACH,Florida 33425-0310 33426 pared By Rob Williams Email.rwilliams@cardiacscience.com Product Description Qty List Price Sales Price Total Price r. _.... A-80A-P Powerheart GS Fully Auto Dual Language Quick Response Pkg:(1)GS Fully Auto dual language 17 $2,130.00 $1,250.00 $21,250.00 English/LatAm Spanish AED,(1)G5 IntelliSense Battery;(2)sets G5 Intellisense adult defibrillation pads;(1)Premium Carry Case;(1)Universal Ready Kit;(1)AED Manager;(1)USB Cable,(1 set)printed G5 User Guide,Steps To Rescue,Getting Started(ENG),(1 set)printed G5 User Guide,Steps To Rescue,Getting Started(ESP)and multi-lingual Electrode Instructions For Use XELAED001B Powerheart G5 Intellisense Adult Defibrillation Pads.Non-polarized pads for use with the 3 _S69.00 $0.00 $0.00 Powerheart G5 to deliver defibrillation therapy.2 year shelf life. 168-6002-001 AED.3-D wall sign and cabinet/door decals 36 $35.60 $0.00 $0.00 G5A-80A-P Powerheart G5 Fully Auto Dual Language Quick Response Pkg:(1)G5 Fully Auto duallanguage 1 $2,130.00 $0.00 $0.00 English/LatAm Spanish AED,(1)G5 IntelliSense Battery;(2)sets G5 Intellisense adult defibrillation pads;(1)Premium Carry Case;(1)Universal Ready Kit;(1)AED Manager;(1)USB Cable,(1 set)printed G5 User Guide,Steps To Rescue,Getting Started(ENG),(1 set)printed G5 User Guide,Steps To Rescue,Getting Started(ESP)and multi-lingual Electrode Instructions For Use Subtotal $21,250.00 Estimated Shipping I Estimated Tax $0.00 me Grand Total __ 21250.00 Page 350 of 715 Automated External Defibrillator(AED)Units and Accessories/Alternate Contract Sour... Page 1 of 2, _k to,,Mai.n Content ServicesDepartment of Management Florida Department of Management Services > Business O„I)erations > StatemPurchasima > State Contracts and Agreements > Alternate Contract Source > Automated External Defibrillator (AED) Units and Accessories << Return Automated r I Defibrillator its and Accessories42172101-18-NASPO-ACS Contract Details Effective Period 04/04/2018 through 10/04/2020 Contract Type Alternate Contract Source • Contractors Contract Information Pricing How,to Use This Contract (. 227.55 KB) Contract Documents Partici ati,n Addenda Master Acs reements Contract • Jeffrey Dykes Administration 9 850-414-6131 effre .d kes`_dms.mufloricla.com Commodity Codes Please refer to"How to Use This Contract" in the Contract Information section above. Description Automated external defibrillator (AED) units and accessories. Document reader download link • -Adobe PDF Reader https://www.dms.myflorida.com/business_operations/state_purchasing/state_Contracts an... Fjqgq/A1 of 715 Contractors/Automated External Defibrillator(AED) Units and Accessories Alternate ... Pagel of 2. S�ki.at t0. Main Content Department of Management Services FIo..ridaDe,.-.,,q.rtment of M__ana ernent Services > Business Operations > State Purchasin(.i > State Contracts - 9................ _ -----Services pnd,Agreenj" > Alternate Contract Source > Automated External Defibrillator s and Accessories > Contractors Automated External Defibrillator (AED) Units and Accessories42172101-18-NASPO-ACS Contractors Contractor List Florida CBE Climate Utilizes Name Friendly Recycled Authorized Coverage Code Preferred Products Resellers Area Products Cardiac Science A - Non- INoO INo Statewide L Cor oration Min?E�� 1� I https://vAvw.dms.myflorida.com/business—operations/state_purchasing/state—contracts—an... qpq /��?qof 715 i I •. CL a U a 3 sGn c 9w ear 00 ea Irs 693 vs w as u CY tis C7 g4 O � . U> a gb k f p SU en (24 n< �, mi U r� 6 u 10 0 v .. as (U 00 ,0 C ki �s �. C7 a PL' l Page 353 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200541 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/22/19 VENDOR 1389 SHIP TO: TO: HARDRIVES OF DELRAY City of Boynton Beach 2101 SOUTH CONGRESS AVENU EAST UTILITY ADMIN DELRAY BEACH, FL 33445 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 75057 ORDERING DEPARTMENT: 719 L /MR • ' `• DATE NEEDED: CONTRACT NO. CSSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 DL EXCAVATE AND PLACE SLUDGE 16500.0000 16500 . 00 MATERIAL IN DESIGNATED STOCKPILE AREA:. Price includes mobilization, however it. ls .also :based on the * . premise t loaf the dragline &' be le :t nn: !situ Wheft ` ..: not yrs use., or:. will :be removed once completie', f' required.:: 2MARKS. CQNFIRMINGPURCHASE' ORDER IN`C9 O I CE 4-13-685: RWMOVAL AND STE7CKP LE OF SLUDGE :MATERIAL ROM EWTP PROCUREMENT SERVICES: ,y �� LE � P.O. TOTAL: 16500. 00 ACCOUNT NO. PROJECT 401-2811-536.49-17 PURCHASING Page 354 of 715 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 ,,,,?fid - n Date: 5-Nov-19 Requesting Department: EWTP Contact Person: Juan Guevarez Explanation for Purchase: Removal and stockpile of Sludge material from EWTP. Confirming PO Recommended Vendor Hardrives, Inc Dollar Amount of Purchase $16,500.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase F7 Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2811-536-49-17 Approvals: - - Department Head � Date Purchasing Agent , Date L t Asst City Manager Date City Manager Date ' Form Revised 02/01/02 - - Page 355 of 715 6 Y CF) 61 1 H H I Ln Ln W I O O �Q I \ \ I I H •-+ I I H o 0 I 0 O W W 1 00 O P EA r.y I I lO O LCI W. I I H ra O I 0.1 q I I C4 Wi i G v°S I I w W q I I al I I p a W I I S £ 1 U) O O I I Z 04 I Cie o U a Z 0 I o o w 0 H HU 1 O O I O Q H P4 0 0 ri 'Zi W W I m U) I 0 H I � I ^ W 1 q I i m c W I I � (]• r W O Hw Z C> �] ; m Ln a cn o I d', I O � C cc 0 M W WO U 0 H h C=o H I Op I H 'J1 (3 LL 0 0 04 1 0 1 Ea o q 1 Ln 0 W fk O i p 0 a xC I H 1 U 0 H x p I x m W H H Ri U 00 I H EA I 14 Z 14W H O I q Of O W H Z ^Arm qi Wx iG° O Wfx HH P4 H i o i ` 04P4 H a4a q ul 134 a O H i i H U H W a aH<O W � i F1 Ex W W E ry 1 1 Z z Ri q W I I H q I I cn W W 4 O O H U H con CW4 H G '; U Z p� U F4O�O iU O W q H H C7�rd EO W H a cn a w H rd 4�J ro P. H 1 Cll N-W N I a m I W-H �.,Si I u] H 1 q��•�•� HOEON ENCsa H I ak4 w H U I Fz4M Aa G -1 W 4I ZIX E� H 41 C4 �O U ®J�1Wul 1 UU GG4-1UulW yd I -r-I O-H-i U I a Ix W £ a � C7 N'C7 en�� I x x 3 H 1g7�rdOOWW OO 01 C!]al.Q 4J a I 44 U C a H W 00)CI-1Z H m I U MIA O W H I h q W i (6 a) ul,q Ua� aHv O Cl r4-r-i q 0 i H Z Z H O 1 ry�1�UN9+q I p'-A E W Z H H 1 W-H �4HO 1 , I En O H I W 1-1 tU H c. 1 W 00 0 H U a, 1 H H�4GOgE 1 ON U O 01 N H.Q 0 0 Uri a H O w'1?r-1 Z U I U0 Z ci 0 ca I UO3�OW I �� H O b H W I x H O S4 U CO Z WRa q W Vl C3 3 4t _ 2 'X 17-1 r4 I H I r4 H F4 W H H H W En H 1W1-.. I I H O aP I a o C4 U Page 356 of 715 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 11/05/19 H.T.E.REQUISITION# 75057 Clerk: M. Roberts Procurement Ass't: Director: ..� City Manager(non buYete ca)ital and/or$5000+): -, REASON FOR PURCHASE: .......... Removal and stockpile of Sludge material from EWTP. Confirming PO VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Hardrives, Inc Admin. ( ) Date: 10/11 31/2019 ASAP () Address: 2101 South Congress Ave Engineering ( ) Date Needed: Confirm. (X) Delray Beach, FL 33445 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: _ SUBMITTED: Phone (contact): Craig K. Elmore Water Qual. ( ) Quotes/Verbal ( ) E.Admin. 40 ( ) ._. (over$500 561-278-0456 Pumping ( ) Quotes/Written O E.WTO 41 (X) (over $2000) Vendor Number: 1389 PWTreat. (X ) Bid Docs. O W.WTP 42 ( ) Meter Serv. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Juan Guevarez, Manager Sewage ( ) Insurance ( ) Special Instructions: Treatment&Wate ,Quality Re uirements: APPROVED Strmwtr. O Project Number: it Q 1 n $1650000 Excavatce e Band place Part sludge in 401berd g 6 E49 17 Amount _ �� I 17 $16500.00 designated stockpile area • Price includes mobilization, however it is also based on the premise that the dragline can be left on site when not in use, or will be 1 ®d removed once complete, if required TOTAL 401 2811 536 ?. 49 17 (` $16,500. —---------- —--------7------ _.. t �,,,. ......M.,,._.w. Page 357 of 715 Guevarez, Juan To: Roberts, Melissa Subject: Sludge Removal The purchase order for HTE requisition no. 75057(Removal and Stockpile of Sludge Material from East Water Treatment Plant) had to be done on an emergency basis because we had run out of room to store lime sludge residuals and at that time the contract for this services had expired. As of today we are still in the process of procuring a new contract. Lime sludge residuals are produced every day as part of the treatment process at the East Water Treatment Plant Juan Guevarez Boynton Beach Utilities City of Boynton Beach 124 E Woolbright Rd. I Boynton Beach, FL 33435 GuevarezJbbfl._us Ihtww bnton-beach.or 1 Page 358 of 715 ASPHALT a PARKING AREAS I STREETS s GRADING a ROCK&FILL LAND DEVELOPMENT RDRIVESr INC. 1 � OF DELRAY 2101 SOUTH CONGRESS AVENUE , r' DELRAY BEACH,FLORIDA 33445-7396 DELRAY(561)276-0456 FTL(954)428-2460 WPB(561)737-3555 FAX(561)278-2147 F Leon Li eru1 `� Invoice No. 13685 City of Boyntoneach date /31/19 124 E. Woolbright Road Job No. 7613 I. Boynton Beach,, FL 33435 Estimator CKE Re: Boynton Beach Water Treatment Plant As Quoted 1 LS Excavate and place sludge in designated stockpile area $16,500.00 i Total Amount Due: 16,500.00 Thank you I 1 Terms,10 days net. All past due accounts will be charged at 1 1/2%per month. No complaint will be recognized unless our office is notified within one week. Page 359 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH,B F®ORIDA #: 200543 33425-0310 DATE: 11/22/19 VENDOR 10784 SHIP TO: TO: GENERAL ASPHALT COMPANY, INC City of Boynton Beach 4850 NORTHWEST 72ND AVENU EAST UTILITY ADMIN MIAMI, FL 33166 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 75147 ORDERING DEPARTMENT: UTIL ADMIN TP DATE NEEDED: CONTRACT NO. � COMMISSION APPROVED: . LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 20160.00 DL ADJUST MANHOLES 1.0000 20160. 00 2 4080. 00 DL ADJUST VALVES 1. 0000 4080. 00 REMAT�KS _ : BBOT RESURF LING OF. BOYNTON BEACH BLVD , PRO JEQ ' # 4: 234.4 1'=52-01: & 432344-,1 52-:D:2 . ULITTES ASSET A.DJU'S MENTS R. QUTR D TQ 'MANHOLES :STD V'AI,VES ALONG V*DOT P'k'Oj9CT AREA:.FRON[; WEST OF �7OG ROAD TO CON(RESS AVEJE' APPROXTMATEL ''3 .711 MI PROCUREMENT SERVICES: P.O. TOTAL: 24240. 00 ACCOUNT NO. PROJECT 401-2815-536.49-17 PURCHASING Page 360 of 715 "'%ITY OF BOYNTON BEACH t ` s R, REQUEST FOR PURCHASE OVER $10 r ` r2000 Date: 13-Nov-19 RequestingDepartment: Utilities Field r do Person: Trin o �TS' ManholeExplanation for PurcContact hns on Valve . a - n Beach Blvd Road Improvement 1Projectt 3 r r c li no i o o 1-52-01 & 432344-1 Transportation awardedthecontract - t o tr oft_ General Florida o AsphaltCo., Inc. resurface Boynton consist o Bea .71 1it Within t Projectarea, there r several ti i i Ies and o Iv project r i t oad to CongressAvewhich valves, whichill it tt t duringi ruction. t ICo. Inc. ill rt oeS r St to i rssets of the road. 10784 General Asphalt Co., Inc, r r three ritten uotatlons GSAt State Contract SNAPS PRIDE/RESPECT Sole Source Piggy-Back Em er enc Purchase Budgeted !terra Other Contract Number: FDOTroject# 432344-1-52-01 & 4323 NOTE- Pricing Proposal for Purchase must ba Presented in the same detail contained within the contract. Fund Source r 1® 1 - - -1 Approval Department Head Purchasing Agen Date g Asst City Manager Date G / City Date Form Revised 02/01/02 Date ( t Page 361 of 715 0) 01 r+ H H , � O O O A E, 124 o 0 0 W i i 00 o O W 0 w>q O , O O �r C1 , N N ts U «43 «? Z H , in rS WO , o 0 0 o Q (� W H U H SC o o o o co U Im U W i p O N O H 4 I U a N , N , ' n Pq W HHi o i HO i o C, H OU i O O iO Q O O0 El o O Owr H U LL W � Z H a H Z H o 0 , Ga Z 5 U"t, H 0 ' Ca Q O W E W 0 [� a� > ., o o a 0 W H A+D H o O Z a rx W H C14 CO EQ W O ' o o ' H W I-I a A io O , U CyaH W a , o W IX qq> N FI W Z M W i O H Cn W HFC C7 U Z b W � U O CO cr) I I CO W W Cra r-I ' 0' CN U'�0,4 b 0 0 r W W UpU4 W xU]M WW 'Hr, W HUE+U o W>1 H q QCT EyW a WE: �EiaOrE� >, a� UUUU "WWW H va 4 WW wW WWWW Elx iIx H ' SCO rOEp Cx�ExCx�H NWa WU WU 0000 maU4 H H `Oa mW wCar4C4 W0 Wx r r HWaW •, oHa,> >+ Z Oa 3 co 3 , v u7 C'4 w H asLD tD Z H L Z QOM, 0 ' >I Q a>+q ' 'n CaW O O0 H £K4 WaHHOS OV U UUH Nu� 9 cnw W I QUA �Uv�i P4 �w O u1H W a H A I I u HWetiW 1 , x za E-1Ha CO H pq 1 H N Z ri ry H W co E-4<0 a� a aoff ' w aHAc�a Page 362 of 715 "QUEST FOR REQUISITION H.T.E.ENTRY- AT 11/13/2019 kT--.E QUISITION76147 contract oor rnator: ratt - Director: Seph_J,aterniti 1t3 Manager( carp bdetd ea ital and/or$5000+�: REASON FOR Boynton each Blvd FDOT Project9 -1- Florida _ part nt of Transportation 1 3 3 { T}awarded the contract to General AsphaltCo., Inc. to resurface Boynton Beach Blvd. The `I"project area is from W. of dog cad to congressAve. Within the roadwayProject several Utilities assets such as manholes and valves, which will require adjustments during this construction. e As . Ino. will perform the necessaTy-austrnants to the pity seats along the resurfacin ofthr area, there are See attached documents from neral road. VENDOR T and eneral AsphaltCo., Inc. id Submittal t ! DIVISION: INFORMATION: am : eneral Asphalt Co., Inc. Admin. { } ate: 11/13/2019 ddrss:485 North est 72ND AvenueI SAP { ) Engineering { ) - . ate N Beed: _ Miami, rL 33166Confirm. ( } dust. el. ( } _ istriution ( } _ CKUP DOCS hone(contact) lonso.Marcucci : Email: Water Qual. ( } uotes/ rel (over$500) { ) drain. 4 (X) hone: 305-592-3460 Fax: 30577®4675 urr� in { ) notes ritten Vendor umber: 10764 {ever $2000} ( } T 41 { } P Treat. ( ) i Docs_._ ( } 4 Meter Servet dSource-Lir, ( } { ) ole ( } /1JITI ® I e. o so o ( } 9 Operations Manager ewe a ( ) Insurance equirements: penial Instructions: trn r { ) Project Number: .. r —. L.�u n. I lJnit rich _ `. _ _ _ .. �scr bion art Number �-� �....� _,...� and T ._ ._. �. � SIC lerri b 1 1 $960-00 � .. ..� _ � ._. r�®ut .. 1 Adjust Manholes � r ._ $20,160.00 I: 1 Adjust Valves —� I $4,060.00 � TotalX401 2815 536 4977 $24,240.00 Page 363 of 715 The Ci 0 `BoWlton Beach Utilities Department 124 E. Woolbright Road Boynton Beach,Florida 33435 Office:(561)742-6400 k FAX (561) 742-6298 % a Website:ulww-boynton-beach.org j After careful consideration of the advice offered by the FDOT Contractor concerning the Boynton Beach Blvd. Improvement Project, my conclusion is that it would be in the City's best interest to adhere to the suggestions offered.The majority of the project's scope of work will be conducted during overnight hours between 10PM-SAM. Originally, it was believed that the Utilities would be able to make the required adjustments to the assets utilizing department personnel, until specific conditions were made known, which stated that no prior adjustments could be made until construction commenced and that those adjustments had to be made during project operation hours.This would require the Utilities Department to have staff assigned to a new shift specifically for this project, which would cause deficiencies in personnel available during normal working hours and emergencies.The added presences of the Utilities staff or another contractor on behalf on the Utilities would create congestion to the job site possibly causing schedule delays, which the City could be held liable. Tremaine Johnson Manager, Field Operations America's Gateway to the Gulfstream Page 364 of 715 Pratt, Taralgn From: Virgil Versa Sent. g ggi <vversaggi@mehtaeng.com> Thursday, October 31, 2019 11:09 AM To: Johnson, Tremaine Cc: Subject: Thomas Emerson 432344-1, Boynton Beach Blvd, City of Boynton Beach Follow Up Flag: Follow up Flag Status: Flagged Tremaine, FDOT Contractor has awarded the resurfacing of Boynton Beach Blvd to General Asphalt.To provide a superior to the City of Boynton Beach,the FDOT, and travelingp product Boynton Beach for incorrect adjustment leading to poor ride quality land so eimpacts toethe pschedule. In osure and Mehtals risk to the City of o the CEI Team overseeing the contract for the FDOT, It is our recommended that the City of Boynton Beach n the as and subcontract the UWS work to General Asphalt. egotiate If the decision is made not to use the General Asphalt then it is the Utilities responsibility devise a plan to a assets at another time, but the scope of work will continue without the adjustments being completed at this time. B aware, if the City's or another 3'd party on behalf of the City does not complete the re dust their adjusts the City owned facilities and the City owned facilities effect the projects ride quality the FDOT will hold adjustments or incorrectly Be accountable for the repairs. old the City Virgil Versaggi, PE I Area Manager C: 813.210.1811 1 O:407.657.6662 Construction Engineering Inspection I Survey I Design www.mehtae_ n .com twee I 1 Page 365 of 715 GENIERAL ASPHALT ca., INC. SPHA 11 Ir S0 NORTHWIIST 72ND AVENUI: NI 1, FLORIDA 33166 TIELISPHO®N :( 0 )S92-3480 Fr •(30S)477-467S T®; _ _ City Of Boynton Beach - - Address: Contact; Tremaine Johnson 124 E.Woolbright Road Phone: 561-742-6476 Boynton Beach,FL 33435 _ Project Name: FDOT T4510-Boynton Beach BNd. Manhole&Valve Adjustments Bid Number: Project Location: Item# Item Description Bid Date: 10/1/2019 _ - Estimated Quantity Uniit Adjust Manholes Unit Price Total price Adjust Valves 21.00 EACH $960.00 $20,160.00 6.00 EACH $680.00 $4,080.00 Total Bid Price: _ $24,240.00 Notes: • The above prices do not include Performance and Payment Bond.Add 2%if bond is required. • The above price does not iniude any Layout. • The above price does not include Sawcutting • The above price does not include any Testing. • The above price does not include As Builts. • The above price does not include Striping • The above prices do not include Permits. • The above prices do not include Protection of Brick Pavers or Stamped Concrete • The above prices do not include Quality Control(QC) • The above prices are good until 12/15/2019 • New asphalt pavement is subject to tire tracks and marking. GAC is not responsible for these issues. • Unless indicated otherwise,this proposal is based on average thickness of asphalt,not minimum thickness. • This proposal is may be withdrawn by GAC if not accepted within(30)days. • Final payment will be based upon actual quantities installed as determined by field measurement after completion. • GAC shall not be responsible for reflective cracking,birdbaths,drainage problems,or settlement of new asphalt overlay due to the existing asphalt. • Any Punch List items must be submitted in writing. No repairs will be made until 90%of the invoice amount has been paid. • GAC shall not be responsible for birdbaths or water flow when projects are designed with less than 1%fall. • Customer agrees to pay asphalt over-runs at a price of$150.00 per ton • This quote is based on the bituminous and materials index from the Florida Department of Transporation for liquid asphalt and fuel adjustments. • No Under GAC shall be compensated for any increase in excess of the current month's index at the time of the asphalt placement. osap • No behind the fcurb paving isis included nc uded unlunless ess specifically stated nstated in the the proposal! • The above prices do not include any edging of grass! • The above pricing does not include the protection of brick pavers,bridge decks or stamped concrete! • The above prices do not include any driveways unless specifically stated in the item listed above! ACCEPTED: -- — CONFIRMED: The above prices,specifications and conditions are satisfactory Your Company Name and hereby accepted. Buyer: Alonso Signature: Au-cd Authorized Signature: Marcucci Dafe Z019'I I.N 1491:39 �ar Date of Acceptance: Estimator: 10/1/2019 12:46:08 PM Page 1 of 1 Page 366 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200550 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/26/19 VENDOR 16721 SHIP TO: TO: GUNS AND RANGE INC City of Boynton Beach 1016 CLARE AVE, UNIT 1 WEST PALM BEACH, FL 33401 LOCATIONS AND QUANTITIES SPECIFIED FOLLOWING ITEM REQUISITION NO. 75177 ORDERING DEPARTMENT: POLICE r DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 20 . 00 EA COLT LE-6920 MAGPUL 875 . 0000 17500 .00 VENDOR ITEM NO. - LE6920MPS-B ---------------------------- * r:* SH:T PPING INS'1'FtUC:TIONS * TO: WAREHOUSE: 222_ N 9TH'AVENUE. <: 30YNTON BEACH FL ;'3 3.4 3 5 ---------------------- 2 150 . 00 DL SHIPPING AND HANDLENG 1:0000 150.00 - ---- ---------------------------- SHIPPING -- --------------------- SHIF!'PING INSTRUCTIONS. ***' To; WAREHOUSE'::... -2;z2 NE 9T�.I AVENUE' BOYNTON BEACH, '.:FL :3 3 4 3 5 REMARKS ,MANGE; ;SUP.PLIES QUO TE.#64852` DO NOT MAIL PO P.D.. WILL SERI} TO: VENDOR **STRIP' TO WAREHOUSE' � HOURS '0 DE;LIW RIES ARE MOM A3' THR'T FR :DAY :7AM , O 32M': PROCUREMENT SERVICES. { f ;•° L t / P.O. TOTAL: 17650 .00 a' , ACCOUNT NO, PROJECT 001-2112-521.64-02 PURCHASING Page 367 of 715 CITY OF BOYNTON BEACH 4$ REQUEST FOR PURCHASE OVER $109000 Date: 11/18/2019 Requesting Department: POLICE Contact Person: ZELLER Explanation for Purchase: With the purchase of these 20 rifles, we will be replacing approximately 15 rifles that are over 10 years old and adding an additional 5 to our inventory. These rifles will be assigned to Road Patrol Officers that are typically the first to arrive on critical incident scenes. Recommended Vendor Guns and Range Inc. 0016721 Dollar Amount of Purchase 17,650.00 Source for Purchase (check and attach backup materials): Three Written Quotations x GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account number: General Equipment: 001-2112-521-64-02 (funds tranfered from range supplies 001-2112-521-52-50) Approvals: Department Head }' '° . . Date Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 368 of 715 1 H H1 I a I �vl m Ill W 1 H N CQ I 1 H H I H H zi I E.e Z b O O E I W W a l U1 00 b 0 o zo qA [L i � rZi ra In In a I o q i m Z l w U O > 5 1 ao i H W ?y Q E q Fp4� V1 I I G7 CO 0 Q 0 to Cl - y` zauc7 r a C 0 N i to q J7r` C Z 0 o v li N ® 0 EE o 0 o y o 0 U z m O o o W ay W 0 0 0 E U I o 0 0 0 0 E-I ✓ yfi I O In Ill � � H H z w In H o 0 r r u H en E- 0 o o d 000 I z r z H I o 0 coo o 0 I H O O O [ O O O l O n O H H w r W m o E E oom I 7+ OC7 i r Ill H Ill Cl m ; E O m H W w O r I l o I O H r m m ICIGJ O E d ! E cn q H W H �a ,n a a w z 11 0 Ul � i W W W ; OW h W HHpi U W H i o o a a z W 5 H0$D Ix O E I N H 1 H w V x w� d P W w2w 1 I 1 E E "w a q S I I z H 1u UWi F O [E.. H e U z z E Dl 01 H H H b E:nE d 1 W w W W a owiw enW a qw a .. .. H H I 'moi 04 H C14Ol C, Ulm PI`J W n I a W a W _ W w Ix wawryar+ �I a Ib a Ib H H W i �a �w i uzuzz ewrl z� z ew.7£0 'a H d 0 H C9 W z wH F4 w11 pq I O 4 a C4 AI U q(.11U 1 N N fd W z �S`J 7 d0 Cl0 1 w i0 CO 0) U £ 6 O z owazWa N N z u •a W O o f mSlq YIq I OH E zENN £ yE- � O H0 H H O IB OW q q a N N U E O H 008 H 0 0 I U H H m 7. H I-7 a l N f O 0 o 4 A CQ H 0 b D N W I OU W SUeA I E �j 01 q l U ul I 41; H v al a H W i i W IWI 0i 0) �13 N S I H N I H H N d lei Page 369 of 715 Guns . Inc RECEIPT :64852 1016 Clare Ave unit 1 ___-. _____ Sale Type,SPECIAL ORDER West Palm Beach.FL,33401 __ ,_. -- 561-402-7555 i Sale Status OPEN 7 Reg MAsTEA �. info@gunsandrange corn,www.gunsandrange.com j Purchase Date 1117/2019 &M59 PM ' Clerk ID 1 14 Close Date OPEN m _.. i Customer Info: BOYNTON BEAC BOYNTON BEACH PO ( Ship To: Customer No'11186 Company Customer No,0 Company _ Address: 2045 HIGH RIDGE RD Address SuitelApt 1 Suite/Apt ! City YNTON BEACH State FL Zip 33426 Cily. State. Zip, I Home 561-742-6100 Work. - - Cell_ Home. Work- Cell Purchase Summary e a 1 Pl';Part No 1 Description Serial No Oty Unit Price '%Disc.jDisc, iSubTotal Tax i ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $875.00 0 $000 $875,00 0 ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $87500 0 $D 00 $87500 0 ON LE692OMPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $875.00 0 $000 $875.00 0 ON LE6920MPS-9 COLT LE-6920 MAGPUL UNKNOWN 1 $875.00 0 $000 $875 01) 0 ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN 1 S87500 0 $000 $87500 0 ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN $87500 0 $0 00 5875.00 0 ON LE6920MPS-8 COLT LE-6920 MAGPUL UNKNOWN 1 $875.00 0 $000 $875.00 0 ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $875.00 0 $000 $87500 0 ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $87500 0 $000 $87500 D l ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $87500 0 S000 $87500 D ON LE692OMPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $87500 0 $000 $875.00 0 ON LE692OMPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $875.00 0 $000 $875,00 0 ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $875.00 0 $000 $875.00 0 ION LE692OMPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $67500 0 $000 $87500 0 ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN 1 S87500 0 $000 $875.00 0 ION LE692OMPS-B COLT LE:-6920 MAGPUL UNKNOWN 1 $875.00 D $0 OD $875-00 0 ON LE6920UPS-8 COLT LE-6920 MAGPUL UNKNOWN i $875.00 0 $0 00 $87500 0 ION LE692OMPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $875 00 0 $000 SB75 00 0 ON LE692OMPS-13 COLT LE-6920 MAGPUL UNKNOWN 1 S87600 0 $000 $87500 0 ON LE6920MPS-B COLT LE-6920 MAGPUL UNKNOWN 1 $87500 0 $000 $875.00 0 SF FEE Shipping and Handling 1 S15000 0 $o 00 $15000 0 Payment Summary Tender T e Amt Tendered a i Amt Pa Yp I Y Date j id Change Approval JOther Info Tender No. Exp Date a Receipt Summary 5UBTOTAL(UnTaxed): S17.650,00' SUBTOTAL(Taxed): $000 Receipt Discount: S000 :vent Name TAX: $000 Available Store Credit s of: —12/31-118-9.'9 : $184.34 RECEIPT TOTAL: $17,650.00 C Customer Still es: $17650.00 TOTAL TENDERED: $0.00 NICE No NIA NICS Status NIA CHANGE DUE $0.00 Tracking Number: CHANGE TY :NONE — .. Date/Time Printed 11/7/2019 3 17 02 PM ORIGINAL Page-1 Page 370 of 715 Request for Taxpayer QW9 Form to tM lisquester. Do not t eta m r t Int . s to fort for Instri t ons t irat atlon � rEctS this ,`�6ffi not v�tr�.�°li no arena. Business nam dim d stiry ,,E dWerWA from above Check approplate bole for federal tax diro3if"flonof the person whose name is enterrid on fine f.Check only one o1 the � E ggaQ" Cc � to om f Wires. entries,rotls. � s2): ! iv t ratVn ►AMA 11 arQna s to tate ; aingt LLG fixernpi Father code Cd y) Uvered_hadifity Company.EMw Me tare clainfificallon JG..0 sormeation,S a h )b, Made: appropriate box in the fine above For the tax clessificalkinof the s re owner, s W Check Exempion from FATCA reasoning LLC ff the LLC is churaffied as a alrefie-member LLC that Is difiregerivied firm Vie moner unless the severe of#in LLG IsC� y} another LLQ that Is not dt from" for U.S.federal WA purposes,Otherwors,a a' ie LLC thar ' is dandfaivied from the owner should chock ther apicuridate box for the par chissfficallonof Its owner. l Other(s s) r to usi borexact,and so.or suite mI See Instmellorm, i Reassesses nante one address(opt _u _._ ,: f►T=s�` � rt b�re �der Enter your TIN In the appropriate bxThe TIN providedmost t watch t e name given online he _ backup withholding,For Individuals,this Is generally your social security number( fit),However,for a resident alkinsole proprietor,or disregarded entity,see the instructions for Pad 1,later.For other entities,his your empkiyor identification number(EI3 .If you do not have a number,see Flow to get e TIN later, or Nota:If the account is in n ere than one name,see the instructions for lame 1.Also see What Name and id rs Number 7"d Give Hm Requeester for grifthrines on whose number to enter. P14-1 Underne of _ c_ ry,t i th-t: __ 1.The number shown on No forma is my correct taxpayer identification number(or I am walling for a number to be issued to ma);and .I am not subject Is backup withholdingbecause:(a)l am exempt train backup sulthhdldin ,or(b)1 have not been notified by the Internal Revenue Service(IRS)that f am subject to backup wthholdtng as a result at a falkere to report all interest or dividends,or(c)the IRS has notified rete that t am no kirwW subject to backup a h old° d 0.I am a U.S.citizen or other U.S.person(defined below),and 4.'The FATCA FATcoda(s)entered on this form(if tiny)indicating that i am exempt Irom FATCA re trig is correct. Cedtilikinflon hot-truction&You must cross item 2 above if you have been notified by the IRS that you ars currently subject to backup with in °use you have failed to report at Interest and dividends on yGur tax return.For reel estate transactions,frit►2 does not apply.For morplage Warrior paid, acrlufssation or abandonment of slioured property,civrioeflianin of debt,contributions to an individual retirement arrangement ,and generally,payments other than irderad and dividends, are not ouluked to sign the fo ritfication,but you must provide your correct TIM See the instructions for Fart It,Mer, Sign tar i ^ Here I U. yrs pets m#>=l ., J ' w � I �....._,......,_._.._ General Instructions *Forms 1099-419(dlvidends,Includingthose from Mcks or mutual funds) Section ref races are to the Internal Revenue Code unless otherwise -Farms 1099-FICC(various types of income,prizes,awards,or gross notad, pros day Future developments.For the latest information about developments a Form 1499- (stock or mu ual farad asks and certain other related to Form -9 and Its Instructions,such as legislation enacted transactions by brokers) after they were published,go to prorwArs.gavlFwfirivixt. Form 1093- (proceeds from real estate transactions) PuWse of Form m Form 1099-K(rnercharst card and third party network transactions) An Individual or entity(Fns VV-9 requester)who is required to rale an -Form 1099 thome mortgage interest).1098- (student loan lyderssd} Infixerabron returnthe 1 must obtains your correct tax ayar 1098-7(tuft€on) identification number(TIN)which may be Your social security number -Form 1099- (carica dein) (SSN),individual taxpayer ntifi at n number(iTIN),adoption s Form I09 -at(acquisition or abandonment of secured property) taxpayer Identification number(A$IM,or employer Identification nurnber ( IN,to repcn on an Information return the amount paid to you,or cl r Use Form W-9 only if you are a ti,8.person(including a resident amount reportable on ars information return.Examples of information alien),Is provide your correct TIM returns intaude,but are not limited to,the folt¢wing. it you o not return Form -9 to the requester with a TPN,You Might s Form 1099-t "f laserest owned or paid) be stn ' ct to backup driffilkodang.See What is backupdifthlockiling, later Cut fiio.10231X Form W-9 Mov.14-2018) Page 371 of 715 s 1 Clyde Armory Inc November 6.2019 4800 Atlanta Highwayta_ Athens,GA 80606 _r 706-549-1842 www.glydeEkrmo!y.com SMCE 1991 Officer Jeff Williams Training Boynton Beach Police Department Office:561-742-6181 Cell:561-441-8989 WilliameJ@bbfl.us Salesperson Email Telephone Quote valid for Robert Ford rob@clvdearmoU.com 706-549-1842 X210 60 days Qty _ Description Unit Price Line Total I i 20.00 Colt LE6920MPS-B,16°BBL,5.56mm Semi Auto,Magpul Furniture.1 mo® $ 901.00 $ 18.020.00' t _. _ Price includes freight •A 3%lee wnl be added for all payments made with a Credit Card S _18,0_._.__..1 Thank you for your business! AAC Aimpoint Avon Benelli Colt CZ Daniel Defense EoTech Heckler&Koch LMT Magpul Magtech Mossberg Smith& Wesson Steiner Streamlight Surefire Surival Armour Tdjicon Page 372 of 715 Quote OTE0099577 Dow 11/4/2019 Pa e- 1 T Distributors-Austin P.O. Box 15080 ® Austin T 78761 (512) 451-8298 Ext. 0000 Bill To: Ship To: Boynton Beach, City of(FL) Boynton Beach, City of(FL) Attn: Accounts Payable 100 E Boynton Beach Blvd PO Box 310 Boynton Beach FL 33435 DO NOT USE ADDRESS Boynton Beach FL 33425 Purchase Order No. Custo ID Sales arson ID Shi in sth Pa Ment Te Rei Ship_Date Master No. BBPD COLT 010543 JL NET 15 0/0!0000 1,898,544 Ctuanti Item Number_ Desod tion UOM Unit Price Ext.,Price 20 COLT-LE6920MPS-B' Colt LE6920 5.56x45 16.1"Bbl Black Magpul Fu EA $927.77 $18,555.40 i i All returns must be authorized by GT Distributors. Interest charges on past Subtotal 18 555 40a due invoices at the maximum rate allowed by law. misc 0.00 Your salesperson is Jeff Ludwig.Thank You. Tax $0.00 Froi fit200.00 Ticitall $18,755.40 Page 373 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200554 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/26/19 VENDOR 17085 SHIP TO: TO: FL TECHNICAL CONSULTANTS, LLC City of Boynton Beach 533 EAST OCEAN AVE. PUBLIC WORKS DEPARTMENT STE. #2 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 ............ .............. REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LTNE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 24. 00 HR TASK 1 SIDEWALK ADA RAMP 140 . 0000 3360. 00 INVENTORY-PROJECT MGR $140/HR PIGGY13ACK C-Ty P OF COOPER CTS. RFQ 2019-,2- EXPIRES,MAY, :21ff:, 2(12 2 2 54 . 00 HR TA SIX I SIDEWALK ADA RAMP 115 . 0000 6210 . 00 INVE,NT- OAY_P1ZOJEOT :::G' ,IS ANL 3 40 . 00 HR TAi5K. 2:.wASVHALT MGMT 141) 0000 5600 . 00 PROGRAM-PROJECT MGR 4 36 . 00 HR: TASK 2-ASPHALT .MGIST 1_15 .10:000 4140. 00 PROORAMLPROJECT GIS ANALYST REMARKS. . VARIOUS GIS. PROJECTS .. PIGGYBACK CITY: OF COOPER RFQ 019-2-UTL. EXPIRES 5 28/22 PROCUREMENT SERVICES: P.O. TOTAL, 19310. 00 V ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 374 of 715 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200554 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/26/19 VENDOR 17085 SHIP TO: TO: FL TECHNICAL CONSULTANTS, LLC City of Boynton Beach 533 EAST OCEAN AVE. PUBLIC WORKS DEPARTMENT STE. #2 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: COMMISSION APPROVED: ... 1. ............ EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* --------------------------- ----------------------------------- REQ/ACCT DATE. REIQ.:., . BY, PROJECT AMOUNT ---------------- --------- -- - --------------------------- 9 �9 0000075011 10/2 TR1701 9570. 00 30349045416303 0000075011 10/29/19 ENGINE.E. R,ING/AGGA/GD. CP0,2 6 6 9740. 00 30349055806308 -------------- ------ ------------------------ --------------- PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO, PROJECT PURCHASING Page 375 of 715 "ITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 s w Date: 11/13/2019 Requesting Department: PW-Engineering Contact Person: Gary Dunmyer Explanation for Purchase: Boynton Beach Various GIS projects utility atlas updates and roadway asphalt inventory and ADA ramp inventory. Recommended Vendor FL Technical Consultants Dollar Amount of Purchase $19,310 - Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: 2019-2-UTL NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 303-4904-541-63-03, project#TR1701 = $9570, 303-4905-580-63-08, project#CP0266 = $9740 Approvals: Af Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 376 of 715 r9 H i i 0 0 E+O a O Q CD b�F Q CY r7 Cx7 + i i00 E� E W O 0 " � rpt N W 11 M r+ 0 Z i � I � H9 i i W I i i I 1 8 i I X i I 7 U I i a 0 r6y I i O O 0 a S E� >1 O C3 O 0 F 0 0 CeY C°.7 t U E-I a n C7 C) i nW H F4 00 1 0 0 0 a C; 0 C, 0 0 0 0 0 C- ko H O IV 'A i e-1 a-f e-d ri 0 rt da IS7 m Ed O ' O 0 cz' W i � f3a WSa O Ey i a a O C> tl1 c . 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E cci � � W rsa N H O n •*qn 0�-Ca C4�+fl C��W7 EW <v m 0 O E H i H PO HPO rnEIO r(SE<O r7 0 ca O �� O ' p i ril C,b H x M H z H 4 H i O't m m al H U P4 i MQ'w QX i Qx I Ax O+Y+ 14, IV v U PN E+ O H i Hx M400 HO O NCSO NO O a UM M M M H H 4 9 ; ">gNZU ECS �d u xU I Uo 0 o rel u i "w'O U"H €Y7 W CQ N ;Q � WY1 � H O rd5 1 CM d C4 O V)O°a'� M O o-=� M O'er I e"7 M 6a'9 + e,yH HxC3w �Wum I�'u CVy p�'uCYC e „„.,��+ I E418A N r�W 0 r 0 i = H g m W 04 W H W I i W H `+0; M ZW I ,-i N M cH i rJ� HHH CV M H 7 1 Pe 04 W Page 377 of 715 Florida Technical Consultants, LLC 533.East Ocean Avenue, Suite 02 Boynton Beach, FL 33435 ROMA 7CCHWAL COA&AUNB5 Tel(954)914-8488 www.fltechinc.com October 25,2019 Mr. Gary Dunmyer P.E. City Engineer Public Works Engineering Boynton Beach Dunmyer, Gary<DunmyerG@bbfl.us> Subject: Boynton Beach Various GIS Projects Utility Atlas Updates Roadway Asphalt Inventory and ADA Ramp inventory Dear Mr. Dunmyer: Florida Technical Consultants (FTC) is pleased for the opportunity to submit this Proposal for Professional Services to assist you in using GIS to develop a Roadway Asphalt Inventory and ADA Ramp Inventory for the City of Boynton Beach. This work will be done in accordance with the FTC Contract for Similar Services with Cooper City. Project Description Boynton Beach has 2 initiatives that need GIS based program management tools. • Sidewalk ADA Ramp Inventory • Roadway Asphalt Inventory Task 1 Sidewalk ADA Ramp Inventory The purpose of this project is to map all ADA ramps in the City, insect them for adequacy and set up a tracking tool for managing upgrades. FTC will: Task 1.1: Map all sidewalk ADA ramps • Each sidewalk ramp at a roadway intersection Task 1.2: Field Review(quick drive by) • Catalog ramps into categories o 1. No additional ADA needs o 2. Need ADA tiles only(flat sidewalk at intersection with no ADA) o 3. Need further review(ramped intersection that needs measurements or more detailed review) • Develop Cost Estimate for Category 2 Task 1.3: Develop ADA Program for Category 2: • GIS Construction tracking tool o This tracks ADA installation, inspection, payment,etc o Track payments, budgets, etc FTC will be available for further tasks associated with Category 3 ramps, which will need field measurements and concrete construction. Page 378 of 715 Task 2.Asphalt Management Program There is an existing asphalt inventory done in Excel. This need to be migrated into GIS and a program developed for tracking asphalt construction over the long term. FTC will: Join excel table to GIS Map roadway conditions from spreadsheet Create GIS pavement tracking tool: o Create pull downs to match spreadsheet o Generate cost estimates based on road length and width o Program priority locations based on need and budget o Track asphalt overlays o Update data Build a point layer for site condition photos(potholes, etc) Deliverables FTC will provide Boynton Beach the final deliverable of all data and tools on the Boynton Beach GIS platform. Assumptions • The City will provide IT to support ArcGIS Licenses and Installation. • The City will provide access to all relevant drawings, plans and background information. • The City will provide access to staff necessary to review the data and provide feedback. Fees and Schedule The following is a schedule of positions, rates and estimated level of involvement. Project Project GIS TaskManac er Analyst Fees Schedule ...... e $140/hr $115/hr Task 1 Sidewalk ADA Ramp Inventor�r 24 54 $9,570 8 weeks from NTP Task 2.Asphalt Management Pro ram 40 1 36 . $9,740 4 weeks from NTP Totals 64 90 $19,310 All services will be on an hourly basis. The schedule of delivery is included in the table. The City will be billed monthly according to the services and deliverables provided. Florida Technical Consultants October 29, 2019 Boynton Beach GIS Services Page 2 of 3 www.fltechinc.com Page 379 of 715 If you approve please sign this proposal in the area provided below. Should you have any questions, please do not hesitate to contact me at my office at (954) 954-8488 or send me an electronic message at jbarton@fitechinc.com. Respectfully submitted, a ¢ Floris;; echnical Consultants James Barton, P.E. Approved by City of Boynton Beach: President (Print Name) (Date) (Signature) Florida Technical Consultants October 29, 2019 Boynton Beach GIS Services Page 3 of 3 www.fitechinc.com Page 380 of 715 G From: Dunmyer, Gary Sent: KHondmy, October 28 201910:22AK4 To: Greco-4vencibia.Adhanno Subject: Boynton Beach Various GIS Projects uoingtheFT[Cwntractvvith [ooperOtyosapiggy back Attachments: FTC Agreement RFP 2019-2'UTLpdf, FTC RF[> 0o2O19-2-UTLpdf, Notice ofAwmnd.pdf, 19102S - Boynton GIS Eng Pnoposaipdf Can you help nmeget aPOfor this project? I've attached the Proposal and the piggy back documents. | will forward the COI and VV-9when they come in /They'vebeen nequested>. This will bebilled totwo accounts: $9,96Ofor ADA Sidewalk Ramp Inventory: 303-4904-541.63-03 (TR1701) $9,12Ufor Street K8aintenence/|rnp: 3O3-49O5-58O.63'DQ (CP0256) Gary Dunnnyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 | Boynton Beach, Florida 33425 Physical Address:S301Quantum B|vd., Suite 1O1 | Boynton Beach, Florida 33426 � 561-742'62-31 DunnnyerG@bbf|.us boynton-beach.nrg/ �� LE � Y �.� �� | [ ��~ ==� =^� Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may besubject tnpublic disclosure. From:Wood, Randy Sent:Tuesday,October 33, 2O19S:O9PM To: Ounmnyer,Gary<OunnoVmnG@bbfl.us> Cc: W1arnner, Eric«W1armerE@bbfl.uy> Subject: FW: FTC Contract with Cooper City Gary, Yes,the attached documents appear to be acceptable as long as the deliverables,assumptions,fees&schedule are consistent with the following: � Page 381Of715 Dellverables PTC will provide Cooper City and monthly pf status report outlining the act for future activities. FTC will provide c6plies of all data and collected and createc Assumptions The City will provide IT to support ArcGIS Licenses and Installaton. The it will provide access to all relevant utility draiWings, plans and bai The it will provide access to staff necessary to review the aflas and pr Fees and Schedule The following is a schedule of positions, rates and estimated level of involvemen -------------------- Position Rate Hour.. pct $140 $120 $115 GIS Technician Clerical $50 TOTAL ......... All services will be on an hourly basis. The schedule of delivery will be in an as-i City, The City will be billed monthly according to the services and deliverables p If you approve please sign this proposal in the area provided below. Should you not hesitate to contact me at my office at (964) 954-8488, or send ry jbarton@fltochinc.com. Respec F1011 a James Page 382 of 715 Randy Wood., CPPB Purchasing Manager r , Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 ' Boynton Beach, Florida 33426 561-742-6322 WoodJ@bbfl.us IC4, boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Dunmyer, Gary Sent: Friday, October 18,2019 1:14 PM To:Wood, Randy<Wood. J@bbfl.us> Subject: FW: FTC Contract with Cooper City Randy, Can I use the attached as a piggy back? Gary Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6231 DunmyerG@bbfl.us : boynton-beach.org/ Cpsi Ell Loi Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:James Barton<jbartomrfitechinc com> Sent: Friday, October 18,2019 12:29 P To: Dunmyer,Gary<Dun_m�erG lbbflus>; Bryant,Waneya <Bryant@bbfl.us> Cc:Mendoza, Paola< endozaP@bbfl.us>; Marangos,Jennifer<Ma,ran.osJ bbfl.us> Subject: FTC Contract with Cooper City Gary,Waneya, 3 Page 383 of 715 Please find attached copies of a continuing services agreement between FTC and Cooper City,along with some backup. This was competitively bid through a public RFQ. Let me know if you need additional information. Thanks James Florida Technical Consultants James Barton P.E. President Engineering—GIS—Integration—Training Corporate Office 533 East Ocean Avenue Suite 02 Boynton Beach, FL 33435 Mobile: 954-914-8488 JBartor!_@FLTqchinc.com www.fitechinc.com � Y �5 �i From: Mendoza, Paola< endozaPCcpbbfl.us> Sent: Friday,October 18,2019 8:34 AM To: Dunmyer,Gary<DunmerG bbfl.us>;James Barton< barton :fltechinc.com>; Marangos,Jennifer <yMar@nM osJ jbbfl.us> Subject: RE:GIS for Road Ratings and ADA sidewalk locations Good morning, Please see attached revised road evaluations spreadsheet we be discussing as part of our meeting this morning, Paola Paola Mendoza Associate Engineer Public Works/Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd.,Suite 101 1 Boynton Beach, Florida 33426 k 561-742-6266 MendozaP@bbfl.us I boynton-beach.org/ 4 Page 384 of 715 �� 0�� 0�� =. ==� ��, Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disc|osure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Appointment--- Fmmnm: Dunmnyer,0ary Sent:Thursday, October 17,2O191:S8Pk4 Tm: Dunnmyer,Gary; Mendoza, Paola; MaranQou,Jennifer Subject:GIS for Road Ratings and ADA sidewalk locations When: Friday, October 18, 2O191O:OOAM-1O:3OAKH (UTC-OS:OO) Eastern Time (US&Canada). Where:33O1Quantum Blvd, Suite 101 s Page 385Of715 Greg Ross, Mayor James C.Curran,Commissioner Jeff Green,Commissioner CITY OF Howard Meltzer,Commissioner e Max Pulcini,Commissioner C. Kathryn Sims, Interim City Manager lace Spec®aF ,,,�. �,,,.� w. . May 2 , 2019 Notice f Award Mr. James Barton, President Florida Technical Consultant, LLC. 533 East Ocean Avenue, Suite#2 Boynton eac , FIL 33435 Subject: RFP 2019-2-UTL, Geographical Information System( IS)Services Dear Mr. Barton, Congratulations!Your submittal for Geographical Information System(GIS)Services was accepted and awarded by the City Commission on Tuesday, May 28, 2019, in accordance with the specifications,terms and conditions oft e subject Request for Proposal(RFP)and the attached signed agreement effective May 29, 0% At this time, please forward proof of your company's insurance coverage,as required in Section 4.3 of the Your insurance certificate s include seDarate endorsement_ni it of it additional insured. ll certificates should bee ailed to my attention at Purchasing aCoo erCit FL.nrg. Jim Molaschi, Assistant Utilities Director,will be your main contact for this contract.You can reach Jim at 954434- 5519,ore ail him at J olaschi ®CooerCityFL.or . Sincerely, Digitally signed by Claudia Portocarrem Claudia DN:cn-Claudia Portocarrero,—Cooper City, ou=Purchasing, email=C laudiaP@CooperCityFL.org,c=US Portocarrero Date:2019.06.291 2:06:07-04'00' Claudia Portocarrero Purchasing Assistant cc: Kerri Anne Fisher, Purchasing Agent Mike Bailey, Director/City Engineer Jim Molaschi,Assistant Utilities Director Jenna Montoya,Acting City Clerk 9090 SW 501h Place,Cooper City, Florida 33328 0 P.O.Box 290910,Cooper City, Florida 33329-0910 (954)434-4300 info@coopercityfl.org 0www.coopercityfl.org @CooperCityGOV @CoopercityFL EQUAL OPPORTUNITY EMPLOYER Page 386 of 715 AGREEMENT THIS IS AN AGREEMENT,dated the day of 2019,by and between: THE CITY OF COOPER CITY, a municipal corporation of the State of Florida with a business address of 9090 S.W.501 Place,Cooper City,Florida 33328(hercinafter referred to as the"CITY11) and FLORIDA TECHNICAL CONSULTANTS, a GIS Service provider vendor authorized to do business in the to of Florida,with a business address of 533 East Ocean Avenue, Suite #2, Boynton Beach, FL 33435 (hereinafter referred to as the "CONTRACTOR'). CITY and CONTRACTOR may hereinafter be referred to collectively as the Varties.11 WITNESSETH: In consideration of the mutual terms and conditions,promises,covenants and payments hereinafter set forth,CITY and CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions of the respective parties herein, the following statements,representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On March 21,2019,the CITY advertised its notice to proposers of the CrI`Y`s desire to hire a fmn to provide Geographic ®e System(GIS)Services as more particularly described in Exhibit"A"attached hereto and by this reference made a part hereof,for the said proposal entitled: RF7 2019-2-UTL "GEOGRAPHIC INFORMATION SYSTEM(GIS)SERVICES- 1.2 On April 19,2019,the proposals were opened at the offices,o City Clerk. 1.3 On day of 2019, the CITY awarded the proposal to —'tt�nt wi� CONTRACTOR consistent with the terms and CONTRACTOR and approved an conditions set forth herein. Page 387 of 715 ARTICLE 2 SERVICES AND RESPONSIBII.ITIES 2.1 CONTRACTOR hereby agrees to perform the services for the Geographic Information System (GIS) Services as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof,("Property")in accordance with the Scope of Services outlined in the specifications, "RFP 2019-2-UTL", attached hereto and made a part hereof as Exhibit "A" and CONTRACTOR's response thereto, attached hereto and made a part hereof as Composite Exhibit "B". CONTRACTOR agrees to do everything required by this Agreement, the Sealed Proposal Package,Addenda to this Agreement,and Commission award complete with proposal form. In the event of any conflicts between this Agreement,Exhibit A and Exhibit B,this Agreement shall prevail, followed by Exhibit A. 2.2 CONTRACTOR shall furnish all services,labor,equipment,and materials necessary and as may be required in the performance of this Agreement,except as otherwise specifically provided for herein,and all work performed under this Agreement shall be done in a professional manner. 2.3 CONTRACTOR hereby represents to CITY,with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR,that CONTRACTOR has the professional expertise,experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2.4 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards of good engineering practice. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR thereof in writing, CONTRACTOR agrees to re-perform such deficient services without charge to the CITY. 2.5 CONTRACTOR shall not utilize the services of any sub-Contractor without the prior written approval of CITY. ARTICLE 3 TERM ANDATION 3.1 The term of this Agreement shall be for three (3) years, commencing on . -) Olq and terminating on _ �*)�--bi . This Agreement maybe newel up to one(1) additional two (2)year tee , ect to the written consent and agreement between the Parties. 3.2 This Agreement may be terminated by either parry for cause,or by the CITY for convenience, upon thirty (30) days written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid its compensation for services performed to termination date. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, 2 Page 388 of 715 plans,surveys,and reports prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY immediately. 3.4 SCRUTINIZED COMPANIES. CONTRACTOR certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, CONTRACTOR agrees to observe the requirements of Section 287.135,F.S.,for applicable sub-agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the CITY may immediately terminate this Agreement for cause if the CONTRACTOR,its affiliates, or its subContractors are found to have submitted a false certification; or if the CONTRACTOR, its affiliates, or its subContractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. ARTICLE 4 COMPENSATION_AND METHOD OF PAYMENT 4.1 CONTRACTOR shall be entitled to invoice CITY on a monthly basis for services performed. The invoice shall include,but not be limited to,date of service,the amount of time spent,a description of the service,and any other information reasonably required by CITY. The compensation shall not exceed the unit prices stated in the PRICING SHEET,Exhibit"A". 4.2 CITY will make its best efforts to pay CONTRACTOR within thirty(30)days of receipt of proper invoice the total shown to be due on such invoice. 4.3 All payments shall be governed by the Florida Prompt Payment Act,as set forth in Part VII, Chapter 218,Florida Statutes. 4.4 Payment will be made to CONTRACTOR at: Florida Technical Consultants,LLC. Attn:James Barton,P.E. Post Office Box 850 Boynton Beach,FL 33435-0850 ARTICLE 5 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 5.1 CITY or CONTRACTOR may request changes that would increase, decrease, or otherwise modify the Scope of Services,as described in Exhibit"A,"to be provided under this Agreement as described in Article 2 of this Agreement. These changes will affect the monthly compensation accordingly. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY, and must be contained in a written amendment, executed by the parties hereto,with the same formality,equality and dignity herewith prior to any deviation from the terms of this Agreement,including the initiation of any additional or extra work. 3 Page 389 of 715 5.2 In no event will the CONTRACTOR be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 6 INDE CATION 6.1 CONTRACTOR shall indemnify and save harmless and defend the CITY,its trustees,elected and appointed officials,agents,servants and employees from and against any and all claims,demands, or causes of action of whatsoever kind or nature sustained by the CITY or any third party arising out of, or by reason of, or resulting from acts, error, omission, or negligent act of CONTRACTOR, its agents, servants or employees in the performance under this Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or third party property,judgments and attorneys'fees arising out of or in connection with the perfomnance by CONTRACTOR pursuant to this Agreement. 6.2 CONTRACTOR shall indemnify CITY for all loss,damage,expense or liability including, without limitation, court costs and attdiYieys' fees that may result by reason of any infringement or claim of infringement of any patent,trademark,copyright,trade secret or other proprietary right due to services furnished pursuant to this Agreement.CONTRACTOR will defend and/or settle at its own expense any action brought against the CITY to the extent that it is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Agreement,or if any portion of the services or goods fumished in the performance of the service becomes unusable as a result of any such infringement or claim. 6.3 CONTRACTOR'S aggregate liability shall not exceed the proceeds of insurance required to be placed pursuant to this Agreement plus the compensation received by CONTRACTOR,or extend to any claims brought subsequent to the expiration of warranty period outlined above. The CITY's rights and remedies and CONTRACTOR's liabilities as set forth in this Agreement, are exclusive, and the CITY hereby releases CONTRACTOR from all further or subsequent liability,whether based in contract or tort and irrespective of fault,negligence,or strict liability. 6.4 The parties recognize that various provisions of this Agreement,including but not necessarily limited to this Section,provide for indemnification by the CONTRACTOR and that Florida Statutes §725.06 requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities,and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by CONTRACTOR. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. ARTICLE 7 INSURANCE 7.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including 4 Page 390 of 715 attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims,demands,suits,causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this Agreement by the CONTRACTOR or its employees,agents, servants,partners principals or subContractors. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable,including appellate proceedings,and shall pay all costs,judgments,and attorney's fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify,keep and save harmless and defend the CITY or its officers,employees,agents and instrumentalities as herein provided. 7.2 CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the CITY nor shall the CONTRACTOR allow any subContractor to commence work on his subcontract until all similar such insurance required of the subContractor has been obtained and similarly approved. 7.3 Certificates of Insurance,reflecting evidence of the required insurance,shall be filed with the City's Risk Manager prior to the commencement of this Agreement. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurance company shall be rated no less than "A" as to management, and no less than "Class VI" as to financial strength according to the latest edition of Best's Insurance Guide published by A.M. Best Company. 7.4 Policies shall be endorsed to provide the CITY thirty(30)days notice of cancellation or the CONTRACTOR shall obtain written agreement from its Agent to provide the CITY thirty(30)days notice of cancellation. 7.5 Insurance shall be in force until all obligations required to be fulfilled under the terms of the Agreement are satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement,then in that event,the CONTRACTOR shall furnish,at least forty-five (45)days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The CONTRACTOR shall not commence nor continue to provide any services pursuant to this Agreement unless all required insurance remains in full force and effect. CONTRACTOR shall be liable to CITY for any lapses in service resulting from a gap in insurance coverage. 7.6 REQUIRED INSURANCE 7.6.1 Comprehensive General Liability Insurance written on an occurrence basis including, but not limited to: coverage for bodily injury and property damage,personal& advertising injury,products&completed operations,and contractual liability.Coverage must be written on an occurrence basis,with limits of liability no less than: 5 Page 391 of 715 1.Each Occurrence Limit- $1,000,000 2.Fire Damage Limit(Damage to rented premises)-$100,000 3. Personal&Advertising Injury Limit- $1,000,000 4.General Aggregate Limit-$2,000,000 5.Products&Completed Operations Aggregate Limit-$2,000,000 Products&Completed Operations Coverage shall be maintained for two(2)years after the final payment under this contract. The City of Cooper City must be shown as an additional insured with respect to this coverage. 7.6.2 Worker's Compensation and Employers Liability Insurance covering all employees, and/or volunteers of the CONTRACTOR engaged in the performance of the scope of work associated with this Agreement. In the case any work is sublet, the CONTRACTOR shall require the subContractors similarly to provide Workers Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR.Coverage for the CONTRACTOR and his subContractors shall be in accordance with applicable state and/or federal laws that may apply to Workers' Compensation Insurance with limits of liability no less than: 1. Workers'Compensation: Coverage A— Statutory 2.Employers Liability: Coverage B $500,000 Each Accident $500,000 Disease—Policy Limit $500,000 Disease—Each Employee If CONTRACTOR claims to be exempt from this requirement,CONTRACTOR shall provide CITY proof of such exemption along with a written request for CITY to exempt CONTRACTOR,written on CONTRACTOR letterhead. 7.6.3 Comprehensive Auto Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the performance of work under this Agreement, with a combined single limit of liability for bodily injury and property damage no less than: 1.Any Auto(Symbol 1) Combined Single Limit(Each Accident) -$1,000,000 2. Hired Autos(Symbol 8) Combined Single Limit(Each Accident)-$1,000,000 3.Non-Owned Autos(Symbol 9) Combined Single Limit(Each Accident)-$1,000,000 7.6.4 Professional Liability/Errors&Omissions Insurance,when applicable,with a limit of liability no less than$1,000,000 per wrongful act.This coverage shall be maintained for a period of no less than two(2)years after final payment of the contract. 7.6.5 Sexual Abuse may not be excluded from any policy. 6 Page 392 of 715 7.7 REQUIRED ENDORSEMENTS 7.7.1 The City of Cooper City shall be named as an Additional Insured on each of the General Liability policies required herein 7.7.1 Waiver of all Rights of Subrogation against the CITY 7.7.3 30 Day Notice of Cancellation or Non-Renewal to the CITY 7.7.4 CONTRACTORs' policies shall be Primary&Non-Contributory 7.7.5 All policies shall contain a "severability of interest" or "cross liability" liability clause without obligation for premium payment of the CITY 7.7.6 The City of Cooper City shall be named as a Loss Payee on all Property and/or Inland Marine Policies as their interest may appear. 7.8 CONTRACTOR shall name the CITY, as an additional insured on each of the General Liability policies required herein and shall hold the CITY,its agents,officers and employees harmless on account of claims for damages to persons,property or premises arising out of the services provided hereunder. 7.9 Any insurance required of the CONTRACTOR pursuant to this Agreement must also be required by any subcontractor in the same limits and with all requirements as provided herein, including naming the CITY as an additional insured, in any work that is subcontracted unless such subContractor is covered by the protection afforded by the CONTRACTOR and provided proof of such coverage is provided to CITY. The CONTRACTOR and any subCont actors shall maintain such policies during the term of this Agreement. 7.10 The City reserves the right to require any other additional types of insurance coverage and/or higher limits of liability it deems necessary based on the nature of work being performed under this Contract. ARTICLE 8 INDEPENDENT CONTRACTOR 8.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent Contractor under this Agreement and not the CITY's employee for all purposes,including but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,the Federal Unemployment Tax Act,the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR,which policies of CONTRACTOR shall not conflict with CITY,State,H.U.D.,or United States policies,rules or regulations relating to the use of CONTRACTOR's Funds provided for herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the CITY,that it has full opportunity to find other business, that it has made its own investment in its business,and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR 7 Page 393 of 715 and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 9 VENUE 9.1 This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be in Broward County,Florida. ARTICLE 10 PUBLIC RECORDS 10.1 The City of Cooper City is public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically,the CONTRACTOR shall: 10.1.1 Keep and maintain public records required by the CITY to perform the service; 10.1.2 Upon request from the CITY's custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla. Stat.,or as otherwise provided by law; 10.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract tern and,following completion of the contract,CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession after the CONTRACTOR transfers the records in its possession to the CITY;and 10.1.4 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR's possession. All records stored electronically by the CONTRACTOR must be provided to the CITY,upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 10.2 The failure of CONTRACTOR to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement,for which,the City may terminate the Agreement. IF TBE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 8 Page 394 of 715 6.L. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 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 December 17, 2019- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM I nformation Laserfiche Annual City RFQ No. 029- January 5, 2020 $38,000 Consultants, I nc. Maintenance and 1710-16/J MA thru January 4, Annually Support 2021 The Gehring Employee Benefits 012-1610-18/IT January 1, 2020 $79,800 Group, Inc. Consulting Services thru December Annually 31, 2020 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 395 of 715 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum REQUEST FORBID EXTENSIONS 12-17-19 RW D Addendum 121019- Boynton each - Gehring-Renewal Interest Letter thru 12.31.20- SIGNED D Addendum Information Consulatants-Renewal Interest Letter - Boyton LA P 2020 to 2021 Page 396 of 715 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS December 17, 2019 REQUESTING DEPARTMENT.-INFORMATION TECHNOLOGY SERVICES DEPARTMENT CONTACT:JOHN MCNALLY TERM:JANUARY 5, 2020 thru JANUARY 4, 2021 SOURCE FOR PURCHASE: CITY QUOTE No. 029-1710-161JMA ACCOUNT NUMBERS: 001-1510-513.46-91;401-2810-536.49-41;401-2821-536.46-91; and 001-2111-521.46-20 VENDOR(S):INFORMATION CONSULTANTS, INC. ANNUAL ESTIMATED EXPENDITURE:$38,000 DESCRIPTION: On January 5, 2016, City Commission authorized the City manager to sign an Agreement for the software upgrade, migration and yearly maintenance/support of Laserfiche, the City's document management system with Information Consultants, Inc. of Miami, FL for a one-year period. This Agreement has four(4) one-year renewal terms. The City has already exercised three, one-year renewal term. The Vendor has agreed to renew the Agreement for the fourth one-year renewal term under the same prices, terms and conditions. REQUESTING DEPARTMENT.-HUMAN RESOURCES DEPARTMENT CONTACT:JULIE OLDBURY TERM:JANUARY 1, 2020 thru December 31, 2020 SOURCE FOR PURCHASE: RFP NO. 012-1610-1811T ACCOUNT NUMBER: 001-1610-513-49-17 VENDOR(S): GEHRING GROUP, INC. ANNUAL ESTIMATED EXPENDITURE:$79,800 DESCRIPTION: On June 05, 2018, City Commission authorized the City Manager to sign an Agreement with Gehring Group, Inc. of Palm Beach Gardens, FL for RFP No. 012-1610-1811T for Employee Benefits Consulting Services, in the monthly amount of$6,650 for an initial period covering July 1, 2018 thru December 31, 2019. The agreement allows for four(4) additional one-year renewal terms. The Vendor has agreed to renew the Agreement for the first one-year renewal term under the same prices, terms and conditions. The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX (561)742-6316 December 10, 2019 Cindy Thompson, V.P. of Operations The Gehring Group, Inc. 4200 Northcorp Parkway, Suite 185 Palm Beach Gardens, FL 33410 VIA EMAIL TRANSMITTAL TO: cindy.thompsongagehringgroup.com BID: Employee Benefits Consulting Services BID No.: 012-1610-18/IT CURRENT TERM: July 1, 2018 thru December 31, 2019 Dear Ms. Thompson: The current renewal term for the "Employee Benefits Consulting Services" contract awarded to The Gehring Group, Inc. expires December 31, 2019. We have been very happy with The Gehring Group, Inc.'s service. The contract documents allow for four (4)additional one-year renewal and we would like to extend the contract terms for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmerep_bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Senior Buyer at (561) 742-6318. Sincerely, Mara Frederiksen Director of Financial Services cc: Julie Oldbury, Director of Human Resources and Risk Management Andrea Javier, Benefits Administrator America's Gateway to the Gulf Stream Page 398 of 715 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX (561)742-6316 December 10, 2019 BID: Employee Benefits Consulting Services BID No.: 012-1610-18/IT Agreement between the City of Boynton Beach and The Gehring Group, Inc.: BID RENEWAL TERM: January 1, 2020 thru December 31, 2020 X Yes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) The Gehring Group, Inc. NAME OF COMPANY SIGNAT RE Kurt Gehring CEO NAME OF REPRESENTATIVE TITLE (please print) 12/10/19 561-626-6797 DATE (AREA CODE) TELEPHONE NUMBER kurt.gehring@gehringgroup.com cindy.thompson@gehringgroup.com E-MAI L America's Gateway to the Gulf Stream Page 399 of 715 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX (561)742-6316 December 10, 2019 Pierre Smith, President INFORMATION CONSULTANTS, INC. 1395 Brickell Avenue, Ste. 800 Miami, FL 33131 VIA EMAIL TRANSMITTAL TO: psmith@icons-inc.com RFQ: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT RFQ NO. 029-1710-16/JMA CURRENT BID TERM: JANUARY 5, 2019 THRU JANUARY 4, 2020 Dear Mr. Smith: The current agreement term for the "LASERFICHE ANNUAL MAINTENANCE AND SUPPORT" awarded to INFORMATION CONSULTANTS, INC. expires January 4, 2020. We have been very happy with INFORMATION CONSULTANTS, INC. service. The agreement documents allow for one (1)additional one-year extension and we would like to extend the bid for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmerep_bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Senior Buyer at (561) 742-6318. Sincerely, Mara Frederiksen Director of Financial Services cc: John McNally, ITS Director America's Gateway to the Gulf Stream Page 400 of 715 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX (561)742-6316 December 10, 2019 RFQ: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT RFQ NO. 029-1710-16/JMA Agreement between the City of Boynton Beach and INFORMATION CONSULTANTS, INC: RFQ RENEWAL TERM: JANUARY 5, 2020 THRU JANUARY 4, 2021 X Yes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) INFORMATION CONSULTANTS, Inc NAME OF COMPANY SIQbXTURE Pierre Smith President NAME OF REPRESENTATIVE TITLE (please print) 12/10/2019 954-989-3704 DATE (AREA CODE) TELEPHONE NUMBER corp@icons-inc.com E-MAIL America's Gateway to the Gulf Stream Page 401 of 715 6.M. CONSENTAGENDA 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R19-166-Approve and authorize the Mayor to sign a Purchase and Sale Agreement with the CRA to transfer ownership of the City owned property located at NE 4th Street and NE 1st Ave. EXPLANATION OF REQUEST: The parcel is owned by the City and contains a public parking lot. It is adjacent to 115 N. Federal Hwy. (Temporary Library Site) and a CRA owned public parking lot on NE 1st. Avenue. The CRA has requested this transfer to consolidate all of the parcels under common ownership to facilitate redevelopment of the site. The transfer of ownership will not affect the use of the site for public parking. Staff recommends approval of the Purchase and Sale Agreement HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The public parking lot will remain open until the entire site is redeveloped. The maintenance cost for the parking lot will transfer to the CRA. It is to the City's benefit to allow the CRA to market the property for redevelopment under a single entity. FISCAL IMPACT: Non-budgeted There is no fiscal impact to the City. ALTERNATIVES: Maintain ownership of the property. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 402 of 715 ATTACHMENTS: Type Description Resolution approving Purchase and Sale D Resolution Agreement with BBCRA for NE 4th Street D Contract Purchase and Sale Agreement Page 403 of 715 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN THE PURCHASE AND SALE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND BOYNTON BEACH 7 COMMUNITY REDEVELOPMENT AGENCY TO CONVEY 8 OWNERSHIP OF THE CITY-OWNED PROPERTY AT 9 NORTHEAST 4TH STREET AND NORTHEAST 1ST AVENUE; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City-owned parcel contains a public parking lot and is adjacent to 13 115 N. Federal Highway and a CRA owned public parking lot on NE 1st. Avenue; and 14 WHEREAS, the CRA has requested this transfer to consolidate all of the parcels 15 under common ownership to facilitate redevelopment of the site; and 16 WHEREAS, the transfer of ownership will not affect the use of the site for public 17 parking; and 18 WHEREAS,the City Commission has determined that it is in the best interests of the 19 residents of the City to approve a Purchase and Sale Agreement with the Boynton Beach 20 Community Redevelopment Agency to convey ownership of the City owned property located 21 at Northeast 4th Street and Northeast 1st Avenue. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission does hereby approve and authorize the Mayor to 28 sign a Purchase and Sale Agreement with the Boynton Beach Community Redevelopment 29 Agency to convey ownership of the City owned property located at Northeast 4th Street and S:ACA\RESOAAgreements\Pmnhase and Sale Agreement with BBCRA for NE 411 Sheet-Reso.docx Page 404 of 715 30 Northeast 1st Avenue, a copy of the Agreement is attached hereto as Exhibit"A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 33 PASSED AND ADOPTED this day of December, 2019. 34 CITY OF BOYNTON BEACH, FLORIDA 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Ty Penserga 46 47 VOTE 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 57 (Corporate Seal) S:ACA\RESOAAgreements\Pmnhase and Sale Agreement with BBCRA for NE 411 Sheet-Reso.docx Page 405 of 715 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered this day of , 2019, by and between the City of Boynton Beach, a Florida municipal corporation (the "SELLER"), and Boynton Beach Community Redevelopment Agency ("PURCHASER"). WITNESSETH: WHEREAS, SELLER is the fee simple owner of the real property located on NE 4t'Street, in the City of Boynton Beach,Palm Beach County, Florida, more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, the Property is being acquired by the PURCHASER with the primary intent of redevelopment for its highest and best use; and WHEREAS, SELLER desires to sell to PURCHASER, and PURCHASER desires to purchase from SELLER, the Property upon the terms and conditions herein below set forth. NOW, THEREFORE, for and in consideration of the premises, the payment of Ten Dollars and No Cents ($10.00) in hand paid by PURCHASER to SELLER, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Pro e . That certain property located on NE 4t'Street,in the City of Boynton Beach, County of Palm Beach, State of Florida(the"Property"),more particularly described in Exhibit"A" attached hereto. 1.2 Closing Date. The Closing Date is the date on which the closing ("Closing") shall occur and shall be no later than thirty(30)calendar days from the completion of the Inspection Period, and any extension thereof as mutually approved by the parties. 1.3 Deed. A Special Warranty Deed, in its statutory form, which shall convey the Property from SELLER to PURCHASER. 1.4 Effective Date. The Effective Date of this Agreement shall be the date when the last one of the Seller and Purchaser has signed the Agreement. 1.5 SELLER'S Address. Seller's mailing address is 100 E. Boynton Beach Boulevard, 100340953.1306-99054391 1 Page 406 of 715 Boynton Beach,FL 33435,with copy to Goren,Cherof,Doody&Ezrol,P.A.,Attn:Donald J.Doody, Esq., at 3099 East Commercial Boulevard, Suite 200, Ft. Lauderdale, Florida 33308. 1.6 PURCHASER'S Address. Purchaser's mailing address is 710 N. Federal Highway, Boynton Beach, FL 33435. 1.7. Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement,the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement,the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. 2.1 Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property for the total Purchase Price of TEN AND 00/100 DOLLARS ($10.00)and upon and subject to the terms and conditions hereinafter set forth. 2.2 The Purchase includes: (a) All buildings and improvements located on the Property; (b) All right of ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; (c) All right,title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and(2)for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand,proper instruments for the conveyance of title and the assignment and collection of award and damages; (d) To the extent transferable, all licenses, permits, contracts and leases, if applicable,with respect to the property. 100340953.1306-99054391 2 Page 407 of 715 3. INSPECTIONS. 3.1 PURCHASER shall have ten(10)days from the Effective Date to perform inspections of the Property as the PURCHASER deems necessary("Inspection Period"). Within five(5)business days following the Effective Date of the Agreement, SELLER shall provide Buyer with access to the following: (1) Documentation in SELLER's possession relating to title and survey of the Property and(2)Copies of any environmental reports and topography, geotechnical and other studies that were previously performed for or upon the Property in Seller's possession. 3.2 During the Inspection Period, PURCHASER shall, at its sole cost and expense, determine that utility services including,water, waste water, electric,telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period,PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the circumstances provided however, no invasive environmental tests, surveys, audits or inspections may be performed by PURCHASER unless SELLER has provided its written consent thereto, which consent will not be unreasonably withheld,delayed or conditioned. PURCHASER shall promptly repair and restore any damage to the Property caused by, and will not allow any lien or claim of lien to be recorded as a result of PURCHASER'S inspections. To the extent permitted by law, and subject to the limitations of Section 768.28, Florida Statutes, PURCHASER also agrees to indemnify and hold SELLER harmless from any losses, claims, costs, and expenses, including reasonable attorney's fees, which may result from or be connected with any acts or omissions of PURCHASER and/or its contractors and consultants during inspections that are done pursuant hereto which obligation shall survive termination of, or Closing under this Agreement. Any contractors or consultants engaged by PURCHASER to perform such inspections shall be licensed by the State of Florida and, prior to entering the Property, shall provide SELLER with evidence of insurance coverage in an amount and with a company reasonably satisfactory to SELLER. 3.3 During the Inspection Period,the PURCHASER,at its sole discretion,shall be entitled to terminate this Agreement for any reason. PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER's counsel,which notice must be received prior to the expiration of the Inspection Period. 100340953.1306-99054391 3 Page 408 of 715 3.4 If during the Inspection Period PURCHASER delivers written notice to SELLER of PURCHASER'S determination that the Property is satisfactory and is approved by PURCHASER or if PURCHASER fails to timely deliver to SELLER any written notice exercising the termination right granted to PURCHASER, then this Agreement shall remain in full force and effect, and the parties shall proceed to closing. 4. SELLER'S REPRESENTATIONS. 4.1 To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which,to the best of SELLER'S knowledge,in all material respects and except as otherwise provided in this Agreement(i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, in which case SELLER shall immediately provide PURCHASER notice of such contrary information and upon receipt PURCHASER may, in its sole discretion,deem such contrary information material and terminate this Agreement, and(iii)shall survive the Closing: 4.2 At all times from the Effective Date until the Closing on the Property, SELLER shall keep the Property free and clear of all liens,encumbrances and/or clouds upon title,including without limitation, liens related to service, labor and/or materials famished to, or for the benefit of, the Property, lis pendens,tax liens,permit violations, code violations,ordinance violations,and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including,without limitation, court costs and reasonable attorney's fees). 4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion)the use,occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 4.4 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the SELLER do not and will not violate any public or corporate obligations of the SELLER and will not conflict with or result in the breach of any condition or provision, or 100340953.1306-99054391 4 Page 409 of 715 constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a parry nor will create a lien or encumbrance upon the Property or assets of the SELLER. 4.5 SELLER represents that SELLER will not, between the date of this Agreement and the Closing,without PURCHASER'S prior written consent,which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. 4.6 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.7 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the Effective Date to the Closing Date. 4.8 REAL PROPERTY SOLD AS IS,WHERE IS,RELEASE: SELLER makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement. SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an"AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement and those obligations described in the Development Agreement, PURCHASER is not relying on any representations or warranties of any kind whatsoever, except as specifically set forth in this Agreement, express or implied, from SELLER its agents, officers, or employees, as to any matters concerning the Property including,without limitation, any matters relating to (1)the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical 100340953.1306-99054391 5 Page 410 of 715 condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5)the Property's value,use, habitability, or merchantability, (6)the fitness, suitability,or adequacy of the Property for any particular use or purpose, (7)the zoning or other legal status of the Property, (8)the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity,including,without limitation,environmental person or entity,including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. 4.9 As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of"hazardous substances", "hazardous materials", "toxic substances" or"solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act,33 U.S.C. §1321 et seq.,as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" or "solid waste", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic,under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated,biphenyls, flammable explosives or radioactive materials. 5. EVIDENCE OF TITLE. 5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing,by delivery of a Special Warranty Deed,title to the subject Property. PURCHASER may secure a title insurance commitment issued by a title insurance underwriter approved by PURCHASER, for the subject Property insuring PURCHASER'S title to the Property. The costs and expenses relative to the 100340953.1306-99054391 6 Page 411 of 715 issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. 5.2 If PURCHASER so desires to obtain title insurance on the Property, the PURCHASER shall have Ten (10) days from the date of receiving said commitment to examine the title commitment ("Title Inspection Period"). If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER within ten (10) days of expiration of the Inspection Period shall notify SELLER in writing specifying the specific exception(s)to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s)from the title commitment within Ten(10)days after PURCHASER has provided notice to SELLER. Within five(5)days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (i) that the objection has been cured and in such case enclosing evidence of such cure, or(ii)that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence,then PURCHASER may(a)terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured objection; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.3. Survey and Legal Description. Within five (5) days of the commencement of the Inspection Period,PURCHASER at PURCHASER'S own expense shall order: (i)a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the Property, and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and SELLER(not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Property. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the land non-contiguous to any other portion of the Property or any other matter materially affecting the 100340953.1306-99054391 7 Page 412 of 715 intended use of the Property or marketability of title to the Property (any such matter is herein called a "survey objection" and treated as a title defect), PURCHASER shall have a period of twenty (20) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will attempt to approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASER'S use of the Property. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER,the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.2 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.2. 6. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: 6.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 6.2 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. 6.3 No action by any federal, state, municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. 6.4 All of the representations,warranties and covenants of PURCHASER contained in this Agreement or in any other document, delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing,just as though they were made at such time. 7. CONDITIONS PRECEDENT TO CLOSING. 100340953.1306-99054391 8 Page 413 of 715 Each of the following events or occurrences ("Conditions Precedents") shall be a condition precedent to PURCHASER'S obligation to close this transaction: (a) PURCHASER has completed its inspection of the Property,and performed all of its obligations and conditions of this Agreement. (b) SELLER has performed all covenants, agreements and obligations, and complied with all conditions required by this Agreement to covey clear and marketable title of the Property to PURCHASER,prior to closing. (c) Approval of this Agreement by the City of Boynton Beach City Commission. 8. CLOSING DOCUMENTS. 8.1 At Closing, SELLER shall deliver to PURCHASER a Special Warranty Deed,Bill of Sale, if applicable, No Lien/Gap Affidavit, Non-Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form, and any other documents as listed as title requirements in Schedule B-I of the Title Commitment to assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER. 8.2 Right to Repurchase Agreement. At Closing, PURCHASER and SELLER shall execute the Right to Repurchase Agreement as provided herein. 9. CLOSING COSTS,TAXES AND PRORATIONS. 9.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes,with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. In the event that, following the Closing,the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing,the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 9.2 Seller's Closing Costs. SELLER shall pay for the following items prior to or at Closing: (a). Cost of providing marketable title as provided herein; 9.3 Purchaser's Closing Costs. PURCHASER shall pay for the following items prior to or at Closing: (a)Documentary Stamps on the deed as provided under Chapter 201,Florida Statutes; (b)Recording fees of the Special Warranty Deed, Right to Repurchase, Mortgage, if any, and any other instrument as required to be recorded in the Public Records, and 100340953.1306-99054391 9 Page 414 of 715 (c) Cost of obtaining owner's title insurance policy. 10. CLOSING DATE AND PLACE. The Closing will take place on or before shall occur and shall be no later than thirty (30) calendar days from the completion of the Inspection Period, and any extension thereof as mutually approved by the parties 11. TERMINATION AND DEFAULT. 11.1 Termination by Purchaser. In the event that any inspections as set forth in Section 3.herein and any review of documents conducted by the PURCHASER relative to the Property during the Inspection Period, prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement. PURCHASER will provide written notice of said termination by mail or facsimile to SELLER no later than the date of expiration of the Inspection Period 11.2 Default. In the event of a default by SELLER, SELLER shall pay to PURCHASER all funds expended by PURCHASER on the development, improvement, or maintenance of the Property,prior to the Closing. Further,if SELLER defaults,PURCHASER shall have the election of the following remedies: (1) seek damages incurred by PURCHASER resulting from SELLER'S default; or(2)equitable relief to enforce the terms and conditions of this Agreement through a decree for specific performance and/or injunctive relief. 11.3 In the event of default by PURCHASER, SELLER shall have the election of the following remedies: (1) seek damages incurred by SELLER resulting from PURCHASER'S default, including without limitation; or (2) equitable relief to enforce the terms and conditions of this Agreement through a decree for specific performance and/or injunctive relief. 12. RIGHT TO REPURCHASE. SELLER expressly reserves the right at its sole option and election,to repurchase the Property for the same Purchase Price as paid by PURCHASER to SELLER hereunder, in the event the PURCHASER shall fail to successfully redevelopment the Property; subject, however, to extensions for delays attributable to force majeure as hereinafter provided. Accordingly, prior to closing, PURCHASER and SELLER shall enter into a separate Right to Repurchase Agreement which is to be recorded in the Public Records of Palm Beach County,Florida, and provide for the ability of the SELLER to repurchase the Property for the same Purchase Price from the PURCHASER.Notwithstanding the provisions of the immediately preceding sentences,the dates provided above may be extended on a day for day basis for delays occasioned by acts of God, 100340953.1306-99054391 10 Page 415 of 715 catastrophe and inclement weather which is in excess of those days normally forecasted by the National Weather Service for the given month in South Florida which interfere with construction, unforeseen physical conditions on the site, unavailability or shortages of material or labor, labor disputes, governmental approvals or restrictions and any appeals thereof, claims or lawsuits by any third party (whether individual or otherwise) threatened or instituted to prevent the issuance of any approvals or permits, the commencement of construction or otherwise stop construction of the development after commencement, or other matters beyond the reasonable control of PURCHASER (collectively"Force Maj eure"). By the tenth(10)business day of each of month,PURCHASER shall deliver or cause to be delivered to SELLER a list of the days during each proceeding month as to which PURCHASER believes the Force Majeure provisions apply and the reasons therefore. SELLER shall, within ten (10) business days after receipt of any such list provide notice to PURCHASER as to whether SELLER disputes that any of the days set forth on that list would give rise to an extension of time for PURCHASER's performance based on Force Majeure. Any days claimed to be subject to the foregoing Force Majeure provision by PURCHASER which are not so disputed by SELLER within said time period shall be deemed approved by SELLER. In the event of a dispute between SELLER and PURCHASER as to whether there has been a commencement of construction as provided in this Section or whether a claim for delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be endeavored to be resolved and settled by mediation using a mutually acceptable third-party mediator. Such mediator shall be appointed upon the written demand of either party. Upon such appointment, the mediation shall be held within fifteen(15)days at a mutually agreeable site in Palm Beach County,Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the parties to settle the dispute by mediation, either party may bring the dispute for legal redress before the City Court in and for Palm Beach County, Florida. 13. BROKER. The parties each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 14. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence,be held illegal or unenforceable,such illegality or unenforceability shall not affect 100340953.1306-99054391 11 Page 416 of 715 any other provision of this Agreement. 15. NOTICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 Attn: Michael Simon, Executive Director SELLER: City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Attn: Lori LaVerriere, City Manager With Copy to: Donald J. Doody, Esq. GOREN, CHEROF, DOODY&EZROL,P.A. 3099 East Commercial Boulevard,4200 Fort Lauderdale, Florida 33308 Tel: (561)276-9400 Fax: (954)771-4923 Tara Duhy, Esq. Lewis, Longman &Walker,P.A. 515 N. Flagler Drive, Suite 1500 West Palm Bach, FL 33401 Tel: (561) 640-0820 16. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of Florida. Each party agrees that the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any dispute or claim arising from or related to or connected with this Agreement,including any claims based upon equity,statute,common law or rule. The parties hereby waive any objection to such forum based upon venue or forum non convenient grounds. 17. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 18. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER. 19. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, 100340953.1306-99054391 12 Page 417 of 715 successors and assigns of SELLER and PURCHASER. Any assignment of this Agreement must be approved by the City of Boynton Beach City Commission 20. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 21. LITIGATION COSTS. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses incurred,including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings. 22. WAIVER OF JURY TRIAL. Each party hereby knowingly, voluntarily and intentionally waives any and all rights it may have to a trial by jury in respect of any dispute,litigation or court action (including, but not limited to, any claims, crossclaims or third-party claims) arising from, growing out of, or related to this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material inducement for the parties to enter into this Agreement. Each party hereby certifies that no representative or agent of the other party has represented, expressly or otherwise, that either party would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. 23. PRECEDENCE. In the event of conflict, handwritten provisions shall take precedence over typewritten and printed provisions. Typewritten provisions shall take precedence over printed provisions. 24. DRAFTING. This Agreement has been negotiated and drafted mutually by the parties and shall be construed and interpreted as if both parties drafted same so that neither parry shall be entitled to the benefits of any rules of construction, interpretation or enforcement against the drafters. IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates indicated above: ATTEST: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: 100340953.1306-99054391 13 Page 418 of 715 Crystal Gibson, City Clerk Steven B. Grant, Mayor (SEAL) Approved as to Form: Office of the City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 2019, by Steven Grant, as Mayor of the City of Boynton Beach, Crystal Gibson, City Clerk of the City of Boynton Beach, on behalf of the City of Boynton Beach, who ( ) are personally known to me or( )have produced Florida driver's licenses as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this day of 2019, by , as of Boynton Beach Community Redevelopment Agency, on behalf of the Agency, who ( ) is personally known to me or ( ) has produced a Florida driver's license as identification. My commission Expires: Notary Public, State of Florida 100340953.1306-99054391 14 Page 419 of 715 Printed Name of Notary Public EXHIBIT "A" LEGAL DESCRIPTION Lots 8 and 9, Block 1, "SUBDIVISION OF THE TOWN OF BOYNTON" in the Northeast one-quarter of the Northeast one-quarter of Section 28, Township 45 South, Range 43 East, according to the Plat filed by Birdie S. Dewey and Fred S. Dewey, September 26, 1898, and recorded in the Public Records of Dade and Palm Beach County, Florida, Plat Book 1, Page 23. Folio No.: 08-43-45-28-03-001-0080 (SUBJECT TO VERIFICATIONBYSURVEY OF THE PROPERTY) 100340953.1306-99054391 15 Page 420 of 715 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-167-Approve utilizing the Houston-Galveston Area Council's Contract I LC No. 18-6755 to furnish and install Command Central Aware software for the Police Department's Real Time Crime Center from Motorola Solutions, Inc. of Plantation, FL for a first year amount of$465,860 and annual subscription payment of$93,503 during years two through six of the contract for the annual subscription. Authorize the City Manager to sign a Contract with Motorola. The Houston-Galveston Area Council's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: On September 28, 2018, the Police Department was informed that the Office of Justice Programs approved its grant application for funding under the FY18 Technology Innovation for Public Safety in the amount of $465,860. Funding from this grant is meant to acquire advanced analytic data integration software to be used in the Police Department's Real Time Crime Center. Motorola's Command Central Aware provides the solution which is both responsive to the grant requirements and also addresses tenants from the President's Task Force on 21st Century Policing. This software platform provides the police department access to disparate data sets in a common operating platform that includes Computer Aided Dispatch, alarms, video cameras and digital sensor alerts. In addition, the solution provides for anonymous crime tip submissions while also leveraging inter-jurisdictional data sources. The Five year installment payments with ($465,860 down payment) + five (5) $93,503 annual installment payments= $933.375 Total Cost. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purchase of Motorola's software solution includes artificial intelligence technology that will enhance operational workflows and decision making capability within the police department's Real Time Crime Center by providing real-time intelligence for complete situational awareness with four major components- mapping, video, event monitoring and communications. By investing in this software, officers, detectives, and crime analysts can use link analysis across datasets to easily track down leads and close cases. Command staff can also quickly identify emerging trends and better understand those patterns and develop proactive initiatives to effectively address them. FISCAL IMPACT: Budgeted Funds for the acquisition have been budgeted via Grant Account#105-3326-521.64-14 for expenses and Revenue Account#105-0000-331.20-41. ALTERNATIVES: The City could issue its own bid for this software. Page 421 of 715 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $465,860 CONTRACTS VENDOR NAME: Motorola Solutions, Inc. START DATE: 12/17/2019 END DATE: 12/17/2024 CONTRACT VALUE: $933,375 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Resolution Resolution approving Motorola Solutions Contract D Contract Motorola signed contract w/ COBB D Agreement Motorola Solutions Purchase Agreement D I nterlocal Agreement HGACBuy and COBB I LC D Piggy® ac HGAC and Motorola Solutions Contract RA05-18 Page 422 of 715 1 2 RESOLUTION NO. R19- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVE UTILIZING THE HOUSTON-GALVESTON 6 AREA COUNCIL'S CONTRACT ILC NO. 18-6755 TO FURNISH 7 AND INSTALL COMMAND CENTRAL AWARE SOFTWARE FOR 8 THE POLICE DEPARTMENT'S REAL TIME CRIME CENTER 9 FROM MOTOROLA SOLUTIONS, INC. OF PLANTATION, FL 10 FOR A FIRST YEAR AMOUNT OF $465,860 AND ANNUAL 11 SUBSCRIPTION PAYMENT OF $93,503 DURING YEARS TWO 12 THROUGH SIX OF THE CONTRACT FOR THE ANNUAL 13 SUBSCRIPTION; AUTHORIZING THE CITY MANAGER TO 14 SIGN A CONTRACT WITH MOTOROLA SOLUTIONS, INC; AND 15 PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, On September 28, 2018,the Police Department was informed that the 18 Office of Justice Programs approved its grant application for funding under the FY18 19 Technology Innovation for Public Safety in the amount of$465,860. 20 WHEREAS, funding from this grant is meant to acquire advanced analytic data 21 integration software to be used in the Police Department's Real Time Crime Center; and 22 WHEREAS, Motorola's Command Central Aware provides the solution which is 23 both responsive to the grant requirements and also addresses tenants from the President's 24 Task Force on 21st Century Policing; and 25 WHEREAS, this software platform provides the police department access to 26 disparate data sets in a common operating platform that includes Computer Aided Dispatch, 27 alarms, video cameras and digital sensor alerts along with providing for anonymous crime 28 tip submissions while also leveraging inter jurisdictional data sources; and 29 WHEREAS, by investing in this software, officers, detectives, and crime 30 analysts can use link analysis across datasets to easily track down leads and close cases. 31 Command staff can also quickly identify emerging trends and better understand those S:ACA\RESO\Agreements\Piggy-Back Houston(Motorola Software PD)-Reso.Docx Page 423 of 715 32 patterns and develop proactive initiatives to effectively address them; and 33 WHEREAS, City staff has confirmed that the procurement process meets or 34 exceeds that of the City of Boynton Beach's requirements; and 35 WHEREAS, upon recommendation of staff, it is the City's desire to utilize the 36 Houston-Galveston Area Council's Contract ILC No. 18-6755 to furnish and install 37 Command Central Aware Software for the Police Department's Real Time Crime Center 38 from Motorola Solutions, Inc. of Plantation, FL for a first year amount of$465,860 and 39 annual subscription payment of $93,503 during years two through six of the contract for 40 the annual subscription and authorize the City Manager to sign a Contract with Motorola 41 Solutions, Inc. 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 43 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 44 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 45 as being true and correct and are hereby made a specific part of this Resolution upon 46 adoption. 47 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 48 approves utilizing the Houston-Galveston Area Council's Contract ILC No. 18-6755 to 49 furnish and install Command Central Aware Software for the Police Department's Real 50 Time Crime Center from Motorola Solutions, Inc. of Plantation, FL for a first year amount 51 of$465,860 and annual subscription payment of $93,503 during years two through six of 52 the contract for the annual subscription and authorize the City Manager to sign a Contract 53 with Motorola Solutions, Inc., a copy of which is attached hereto as Exhibit"A". 54 S:ACA\RESO\Agreements\Piggy-Back Houston(Motorola Software PD)-Reso.Docx Page 424 of 715 55 Section 3. That this Resolution shall become effective immediately. 56 PASSED AND ADOPTED this day of December, 2019. 57 58 CITY OF BOYNTON BEACH, FLORIDA 59 60 YES NO 61 62 Mayor— Steven B. Grant 63 64 Vice Mayor—Justin Katz 65 66 Commissioner—Mack McCray 67 68 Commissioner—Christina L. Romelus 69 70 Commissioner—Ty Penserga 71 72 73 VOTE 74 75 ATTEST: 76 77 78 79 Crystal Gibson, MMC 80 City Clerk 81 82 83 84 (Corporate Seal) S:ACA\RESO\Agreements\Piggy-Back Houston(Motorola Software PD)-Reso.Docx Page 425 of 715 rOROLA SOLUTIONS BOYNTON BEACH, FL 1 ® ® 1 AWARE 0 ® -...... DECEMBER f 19,99575/ FLP1 9P!40A The design,technical,pricing,and other information("Information")furnished with this submission is proprietary and/or trade secret information of Motorola Solutions,Inc.("Motorola Solutions")and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law,the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola Solutions. MOTOROLA,MOTO,MOTOROLA SOLUTIONS,and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license.All other trademarks are the property of their respective owners.©2019 Motorola Solutions,Inc.All rights reserved. 19-99575/FLP19P140A Page 426 of 715 TABLE OF CONTENTS Section 1 CommandCentral Aware Overview....................................................................................................1-1 1.1 Solution Overview..............................................................................................................1-1 1.2 CommandCentral Product Descriptions.............................................................................1-3 1.2.1 CommandCentral Aware................................................................................................1-3 1.2.1.1 Geospatial Event Location & Mapping...................................................................1-3 1.2.1.2 Video &Video Analytics .........................................................................................1-4 1.2.1.3 Workflow Configuration ..........................................................................................1-4 1.2.1.4 Key Software Integrations ......................................................................................1-5 1.2.2 Geographic Information System (GIS) Data Set Integration..........................................1-5 1.2.3 Federated Query............................................................................................................1-5 1.2.4 CommandCentral Interfaces ..........................................................................................1-7 1.2.4.1 CAD/AVL Integration..............................................................................................1-8 1.2.4.2 Video Management Systems Integration................................................................1-8 1.2.4.3 Avigilon Control Center(ACC) &Video Analytics Integration.................................1-8 1.2.5 CommandCentral Analytics Plus....................................................................................1-9 1.2.5.1 CommandCentral Analytics Plus Features.............................................................1-9 1.2.6 CrimeReports Plus.......................................................................................................1-10 1.2.7 TipSubmit....................................................................................................................:1-10 1.2.8 BriefCam Protect Video Analytics Solution ..................................................................1-10 1.3 Network Connectivity Requirements................................................................................1-11 1.3.1 CommandCentral Aware..............................................................................................1-11 1.4 Design Considerations.............................................................................. 1-11 Section 2 EquipmentList...................................................................................................................................2-1 Section 3 Statementof Work.............................................................................................................................3-1 3.1 Contract Award ..................................................................................................................3-1 3.1.1 Contract Administration..................................................................................................3-1 3.1.2 Project Kickoff................................................................................................................3-1 3.1.3 Contract Design Review(CDR)......................................................................................3-2 3.2 Equipment Processing and Shipping .................................................................................3-3 3.3 Aware Connectors..............................................................................................................3-4 3.4 Federated Queries............................................................................ ................................3-5 3.5 Installation &Configuration ................................................................................................3-5 3.5.1 CloudConnect Server Installation...................................................................................3-5 3.5.2 CommandCentral Aware Workstations Configuration....................................................3-6 3.5.3 CommandCentral Aware—Connector Installation & Configuration ...............................3-7 Boynton Beach,FL December 9,2019 CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Table of Contents i Page 427 of 715 3.6 Training ..............................................................................................................................3-7 3.6.1 CommandCentral Aware On-Site Training.....................................................................3-7 3.6.2 CommandCentral Aware On-Line Training....................................................................3-8 3.6.3 Analytics Plus Onboarding and Training........................................................................3-9 3.7 CommandCentral Final System Acceptance............. ........................................................3-9 3.7.1 Acceptance Test Plan (ATP)....................................... ..................................................3-9 3.7.2 Resolve Punch list........................................................................................................3-10 3.7.3 Finalize Documentation................................................................................................3-10 3.7.4 Final Acceptance..........................................................................................................3-10 3.8 Change Order Process ............................................................................. ......................3-10 3.9 Preliminary Schedule.......................................................................................................3-11 Section 4 Consulting/Operational Services........................................................................................................4-1 4.1 Consulting/Professional Services Overview.....................................................................4-1 4.2 CommandCentral Aware and Analytics Plus Onboarding Services................................... -1 4.3 CommandCentral Operational Integration..........................................................................4-1 Section 5 Support................................................................ .............................................................................5-1 5.1 Technical Support Operations..................... ......................................................................5-1 5.2 Technical Support Scope...................................................................................................5-1 Section 6 PricingSummary...........................Z....................................... ............................................................6-1 6.1 Proposal Pricing.................................................................................................................6-1 6.2 Motorola CommandCentral Solution Payment Options—Phase I ....................................6-2 6.3 Subscription Pricing ....................... ...................................................................................6-2 Section 7 Termsand Conditions........................................................................................... ............................7-1 Appendix A MSI Azure GovCloud Services Compliance Details .......-................................................... A Boynton Beach,FL CommandCentral Aware December 9,2019 19-99575/FLP19P140A Motorola Solutions Table of Contents ii Page 428 of 715 Boynton Beach,FL December 9,2019 SECTION 1 COMMA NDCENTRAL AWARE OVERVIEW The Motorola Solutions offering for the Boynton Beach Police Department("Customer")consists of our CommandCentral Aware solution and integration with PremierOne CAD,Avigilon Video Management Systems(VMS)and a VMS to be determined and CommandCentral Analytics Plus, CrimeReports Plus and TipSubmit. We have also included the BriefCam Video Analytics Solution. SOLUTION OVERVIEW The solution includes the following components: • CommandCentral Aware Enterprise License with Software Maintenance and Technical Support. — PremierOne CAD integration for incident and/or unit location Automatic Vehicle Location (AVL) — Integration with existing Avigilon VMS — Integration with existing Cintel LPR — (1)C1oudConnect Aware Server — (1)Aware workstation with 3 27"monitors — Mapping ♦ AccuWeather Service ♦ Agency Esri Data Sets Integration • CommandCentral Analytics Plus • CrimeReports Plus — Camera Registration • TipSubmit • Aware federated query and return provided via integration to the Palm Beach County LEX Data Exchange • Video Analytics-Briefcam Protect Video Analytics Solution — 100 Camera licenses — 5 Concurrent client licenses — 1 year software maintenance& upgrades — I BriefCam server • Professional implementation services and training(on-site and on-line) Artificial Intelligence Component Motorola's solution for the Boynton Beach RTCC project includes Artificial Intelligence(AI) technology that will enhance operational workflows and decision making capability within the Boynton Beach RTCC. Motorola's platform provides an automated workflow engine that allows for predefined conditions and actions that will activate nearby cameras.The conditions can be defined on CAD incidents, Alerts, Sensors and Video Analytics with actions that will focus the user's attention immediately to the visual, eliminating the risk of missing relevant information occurring in the field. CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-1 Page 429 of 715 Boynton Beach,FL December 9,2019 With the inclusion of the BriefCam solution as part of this proposal,Boynton Beach Police Department will realize the benefit of BriefCam's Artificial Intelligence(AI)engine,which transforms raw video into objects and events as the human brain perceives them, allowing BriefCam and its Partners to build diverse applications from a single general-purpose processing engine. One of these applications is called Video Synopsis®which BriefCam invented and owns the worldwide patents for. Video Synopsis is the ability to present all the objects that passed through a particular frame at different times simultaneously This breakthrough approach allows organizations to review hours of video in minutes,sometimes seconds. BriefCam's unique approach to processing and indexing the entire video content enables organizations to leverage each of their cameras for a multitude of use cases,e.g. security&safety, operations,and marketing—all using their existing surveillance ecosystem. BriefCam recognizes that there are a variety of user profiles within an organization and therefore provides a broad set of applications in order to support these users such as search&rapid review for investigators,quantitative dashboards and reports management,and alerts for live monitoring and rapid response. Motorola's inclusion of the these Al components is intended to provide a state of the art solution to the Boynton Beach Police Department that will scale to meet the growing needs of the RTCC operation. CUSTOMER SUPPLIED EQUIPMENT MOTOROLA SUPPLIED EQUIPMENT ETHERNET Motorola CommandCentral Aware SaaS System Diagram -------------------------- -. t T• .. 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Not all general functionality is available in a specific Customer solution. Specific functionality is that which is related to the components and integrations described in this document. 1.2.1 CommandCentral Aware The Motorola CommandCentral Aware provides an aggregated user-configurable console view integrating multiple disparate public safety systems. CommandCentral Aware provides real-time intelligence for a complete operating picture with four major components-mapping,video,event monitoring and communications. Real-firne intelligenk-le for compielle operating picture 1 P }} '@Dpi �a deo Ev,el.. gi 4eu. Figure 1-2:CommandCentral Aware Overview Screenshot CommandCentral Aware provides a complete operating picture,integrating real-time intelligence in the command center to remotely assist officers in the field through: • Geospatial event location and mapping • Alerts • Video&video analytics • Workflow configuration • Key software integrations Each capability is summarized below. In the Detailed Solution Description section,we provide product level description and details. 1.2.1.1 Geospatial Event Location & Mapping CommandCentral Aware provides access to disparate data sets in a common operating procedure that includes CAD, alarms and alerts,sensors,tips, device(radio and eventually mobile phones),vehicle, and tactical instructions. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware Overview I-3 Page 431 of 715 Boynton Beach,FL December 9,2019 • See personnel status and location,open-source data layers and more on a map that can be customized with your agency's data layers. View a real-time feed of incident occurrences as they populate on the map. • Each data source can be shown or hidden based on groupings into a layer and then selecting or deselecting it in the data layer panel. Data layers can also be prioritized to ensure certain information takes visual precedence on the map.Information associated with each event or resource on the map can be viewed in the critical information display. • Restrict what personnel see based on authorizations to what they need to be most effective. Ensure workflows are unhindered by access to information in the simplest form possible. 1.2.1.2 Video & Video Analytics Place eyes on the scene within seconds of a critical incident,communicating a more informed response and enhance responder safety through the common operating picture via CommandCentral Aware providing information via: • Integration with major video management systems that provide live streaming video into single common consolidated screen. • Receiving incident locations,alerts and analytic notifications and identifies cameras in vicinity so that intelligence analyst can view a live stream from the area in real time. • Visualize critical 911 call information on the map,along with the relevant information(location of interest)and related live video streams,video analytics to enhance details provided to CAD. • Video Analytics from Avigilon Control Center(ACC)and Blue highlight a capability to alert a CommandCentral Aware user to video that put eyes on the scene in seconds. Avigilon brings with it a wide swath of analytics to the fixed VMS that define rules that set triggers on breaches by bounded area,object detection,motion detection,path crossed,directional pattern changes. Blue allows for cloud based video analytics with motion detection sending alerts to CommandCentral Aware. • Real-Time Video Streaming: Virtually patrol your community or get eyes on scene of an event in seconds by viewing cameras simultaneously from video feeds via any supported video management system you currently use.Easily reference the video source,date,time and location as well as customize camera groups for quicker access to particular locations 1.2.1.3 Workflow Configuration • Workflow Automation:Providing an automated workflow engine that allows for predefined conditions and actions that will activate nearby cameras. The conditions can be defined on CAD incidents,Alerts, Sensors and Video Analytics with actions that will focus the user's attention immediately to the visual. • User-Centric Workflow: Display the application in a one-,two-or three-screen configuration and with custom layouts to meet individual needs and workflows. Create rule-sets to perform automated actions based on event types,helping to reduce the amount of steps necessary to support an incident effectively. CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-4 Page 432 of 715 Boynton Beach,FL December 9,2019 1.2.1.4 Key Software Integrations CommandCentral Aware enhances incident response by integrating multiple disparate systems into a unified public safety workflow. CommandCentral Aware provides the ability to correlate information and events across multiple systems;radio,video surveillance,sensors,alarms,analytics,CAD, Records,and Mapping/GPS location. CommandCentral Aware integrates with your hosted Geographic Information System(GIS)data sets from Esri ArcGIS Server or ArcGIS online. This adds to the common operating picture to enhance intelligence and workflow details driven by geography and metadata contained within these data sets. 1.2.2 Geographic Information System (GIS) Data Set Integration CommandCentral Aware integrates with your hosted GIS data sets from Esri ArcGIS Server or ArcGIS online. The geospatial information contained within these data sets are core to the overall visualization of the intelligent map display. This adds to the common operating picture to enhance workflow details driven by geography and metadata contained within these data sets. Esri's powerful geospatial engine within CommandCentral Aware is used to automatically invoke spatial queries to inform the user of nearby items,refine geographic boundaries and focus attention on location to orientate those responding. Utilizing the geospatial processing induces an intelligent driven analysis and help to eliminate additional noise on the map to not distract from the concentrated area of concern. Example data sets may include(but not limited to): • The ability to refine the data displayed based on geographic area defined per user(i.e.by Area, Beat, Sector, Precinct,Zone,Quadrant) • Find nearby entities by predefined distance(i.e.closest camera while in route,closest cameras to an event(cad,gunshot detection,alert,etc.) • Determining road blockades caused by traffic jams, flooded roadways,or barricades 1.2.3 Federated Query Federated query allows for access to multiple disparate databases to simultaneously search multiple databases by performing a single search query with a single-on. The results are automatically matched,merged,parsed, scoring and sorted into a single return. The returns are populated in an intuitive Graphic User Interface(GUI)query dashboard. Data Exchanges/Dashboards • Reduced and/or eliminated manpower • Reduced errors • Reduced processing times • Tighter control of security and access to information through role-based security • Ability to search and access information that was previously not available on-line • Utilizes DOJBJA best practices via NIEM and GRA-conformant exchange of information CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-5 Page 433 of 715 Boynton Beach,FL December 9,2019 Motorola Aware Motorola Aware/FivePoint FocalPoint/LEX Cross-Functional Workflow Diagram 2019-07-03 ,,l..7 ._..... _..Search Results ... -....... ,.. ..FOceiPmtK 6ashWard I Motwnia ': ' Aware SuKh lnWt Parameter FivePoint FocalPoint Hub �. F—Pamt " FxalPnint Apt - F1ve�int FPA%#iabrnh Ftcat:+gnt API Search y'tnauaf •`'FPAPI osadkg C g (atesMsa II r-s,7BD} � I LEX LEX Datama s' Future Data Sources(TBD) ? j ---- ° Future D-base rBDI aBM Figure 1-3:Cross-functional work flow diagram The data flow process begins when the user is using CommandCentral Aware client and has a requirement to retrieve LEX data. CommandCentral Aware will authenticate via API to FocalPoint. Once authenticated,the CommandCentral Aware will request via the FocalPoint API the LEX product. FocalPoint will request and/or retrieve the data from LEX and send that data back to the CommandCentral Aware. The CommandCentral Aware will then direct the CommandCentral Aware client to show the LEX data. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-6 Page 434 of 715 Boynton Beach,FL December 9,2019 r ia s U1r1TVCat'r1" F I V E P O I N T satuTloHs Intact`. F (Point/ otorola 11 User User Command Central Aware Cornnand Central IW TEST Cortxnard central Fizerall t L"�'oad Balan:er Vsrtual Virtual R§att�ry Nadine$ a ii5) a D3nnk(s- _ 550 SSO 7'1C u.�nrd f AFI � f i dW"tat7 Logy hmIPWft SI'af.enor S .�- Sm"Pad Scheduler(ns) P ad ca,;—Do 5,heRUler PROD .. .............. _-�...�._,_..�. PEST GES And/O Other emYe CA;r.'a5rez ��,r1{lir {7)�� c f Prod&Test �}u}�I,an}sft,§ ,�,Sl�t„�� ,��, � V Opti- rawo-F.errt!u:il wttr'p Figure 1-4: Federated Query Operation and Test 1.2.4 CommandCentral Interfaces The table below list the specific interfaces included in our solution.An Interface Specification Document(ISD)is available for each interface upon request.The ISD details the specific features and functionality of the interface and describes the implementation process and responsibilities of the involved parties. Table 1-1.Solution Interfaces ® . PremierOne CAD Data connector to the PremierOne CAD system Avigilon VMS Video connector to the Avigilon Video Management System Cintel LPR Data connector to the Cintel License Plate Recognition CommandCentral interfaces are dependent on the functionality made available to Motorola Solutions by Customer's 3rd party system. Customer is responsible to provide connectivity to 3rd Party system via the SDK,API, or other Motorola Solutions approved access. The CommandCentral Aware system integrates with the Customer's existing systems identified above. The connector capabilities and supported features via the SDK are described below. CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-7 Page 435 of 715 Boynton Beach,FL December 9,2019 1.2.4.1 CAD/AVL Integration The CommandCentral CloudConnect Aware CAD/AVL Interface integrates with the Customer's PremierOne CAD system.A single interface can be used to display incidents on the CommandCentral Aware client software. As CAD incidents are created and updated in the CAD system,the CommandCentral Aware user can see the incidents populate in the CommandCentral Aware.Incident details can be viewed in the CAD monitor and unit location details are displayed on the Unit Status monitor in the CommandCentral Aware Client. Incidents will be prioritized as defined by the CAD system and that priority will appear on the display. By choosing a specific incident,the map is automatically centered over the incident.As updates on an incident are received,the display is updated and the details are added if necessary. Right-clicking on the incident from the map also provides details of the incident.Incidents remain on the display until the CAD system closes the incident or,by default,twenty-four hours after the last update,whichever comes first. The default twenty-four hour timer can be adjusted based on the agency. Unit location information is available through the device tab or by right-clicking on the device(unit) from the map. Opening that tab will display the devices that are currently in service,or have been in service within the previous eight hours.By choosing a specific device,the map is automatically centered over the device. CAD status data is sent to CommandCentral using a"push"model,which means updated data from the Customer's CAD system will be available in CommandCentral Aware with minimal delay. 1.2.4.2 Video Management Systems Integration The CommandCentral Aware solution includes video connectors to provide interfaces to the Customer's existing Video Management Systems(VMS)identified above in order to give the operators full integration and functionality of all cameras in the field. The operation will have the ability to access all live and recorded video from a single Aware workstation location for analysis and review. The VMS systems integrated for the given deployment must be finalized before the formal proposal is made. 1.2.4.3 Avigilon Control Center(ACC) & Video Analytics Integration The Avigilon to CommandCentral Aware connector integrates the results of the rules engine combined with video from the Avigilon VMS. The targeted video feed is displayed in response to user interaction and pre-defined scenarios based on a customizable rule set. Specific category of events such as CAD incidents, LPR alarms,or other alert reporting system(s)integrated into CommandCentral Aware solution can be configured, in relation to the analytics,to trigger display of video feeds automatically. These real-time events and forensic capabilities detect and notify scene changes,missing objects and rules violations.In addition to the live video and analytics,the connector supplies operators video display tools that control pan,tilt,zoom(PTZ)cameras and playback of recorded video. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-8 Page 436 of 715 Boynton Beach,FL December 9,2019 1.2.5 CommandCentral Analytics Plus Motorola Solutions("Motorola")is pleased to offer a next-generation crime analysis and intelligence solution which will help you uncover more actionable insights to more effectively allocate resources and fight crime. CommandCentral Analytics Plus,powered by LexisNexis, integrates with your existing data sources,leverages inter jurisdictional data and includes integrated search of billions of public records from over 10,000 sources. It also provides highly configurable experiences with purpose-built tools for roles across your agency. By investing in CommandCentral Analytics Plus,detectives can use link analysis across datasets to easily track down leads and close cases. Command staff can quickly identify emerging trends and with the help of analysts,better understand those patterns and develop proactive initiatives to effectively address them. This is a cloud-based product,subscribed to as-a-service. It is highly accessible and cost-effective with predictable pricing.Product updates are seamless with new capabilities being delivered regularly.And,the cloud also provides proven security,reliability and availability that keeps you operationally ready. CommandCentral Analytics Plus includes a professional services engagement for implementation and deployment,and is built upon our operational expertise,tools and best practices,perfected over our 90+year history of working side-by-side with public safety. 1.2.5.1 CommandCentral Analytics Plus Features Table 1-2-Key Features&Functionality Agnostic CAD/RMS Inter jurisdictional Data Sharing Access to Over 10,000 Public Integration Records for 267M+ People Configurable, Role-Based Cloud-Based &Delivered as-a- Flexible Analysis Project Experiences Service Creation Robust Data Visualization Granular Data Manipulation & Advanced Link Analysis Detail (140 Data Points Supported) Easy Project Sharing Accurint For Law Enforcement CommandCentral Platform Enterprise Subscription Integration CommandCentral Analytics Plus is an integrated part of our CommandCentral platform that provides a suite of solutions to address the end-to-end public safety workflow. The platform is designed to: • Simplify technology complexity with unique workflow integrations and seamless data sharing. • Ensure your team is successful with modern user experiences built around the outcomes that matter. • Enhance decision-making and speed up processes with advanced analytics,A.I. and machine learning. CommandCentral is built around the philosophy of evolution,not revolution.This approach allows you to maximize the value of your existing investments while adopting new capabilities that better meet your needs.By leveraging cloud-based services and an agile development methodology with constant user feedback,we can rapidly deliver new features and functionality in a more manageable, non-intrusive way. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-9 Page 437 of 715 Boynton Beach,FL December 9,2019 1.2.6 CrimeReports Plus CrimeReports Plus expand the functionally of CrimeReports by providing the following additional features: • Contextualized Analysis: Upload shapefiles to define neighborhoods,districts,or other areas to better understand the data. • Expanded Analytics: More charts show detailed crime trends for up to 24 months. • Social Media Engagement: Share your agency's website and social media channels to build rapport with the public. • Agency Branding: Create a branded experience featuring your agency logo and header colors,and focused views displaying only data from your agency. • Embed Crime Maps:Easily copy the embed code and publish the interactive map to further share CrimeReports across other agency or community websites. 1.2.7 TipSubmit TipSubmit is built to be future ready. With integrations to CommandCental Aware to provide real- time tip alerts to integration with CommandCentral Vault so your agency collects private and public multimedia in one application,TipSubmit is ready to maximize your agencies potential. 1.2.8 BriefCam Protect Video Analytics Solution Video Synopsis®is the simultaneous presentation of objects,events and activities that occurred at different times through the same camera view. BriefCam® Syndex offers a powerful set of video review tools for locating events of interest so that users can reach targets more quickly than ever before. Filter by time,object size,color,direction and other criteria to quickly find relevant video. The proposed BriefCam solution includes all BriefCam capabilities including,Video Search(Search by color,object type,presence of bags or backpacks,vehicle types),Data Reporting,Live Alerting, and File Import capabilities. While there are many automated video analytic solutions on the market,BriefCam differs in its simplicity and immediate intuitiveness for virtually any user. Video Synopsis provides a very short representation of a long time period while preserving all essential activities of the original video. This is done by presenting multiple objects and activities simultaneously—even if they have occurred at different times—and is performed in three stages. Ingest-As it is fetched,the video is analyzed,separated into background(static,non-moving objects)and foreground(dynamic,moving objects). The moving objects are extracted and inserted into a database. Synopsis-The user specifies a time period of interest(e.g. last 24 hours), and all relevant objects and backgrounds for the specified period are extracted from the database. The Video Synopsis is generated from these objects and backgrounds. Because objects are shown simultaneously,even though they occurred at different times,the resulting Video Synopsis is very short. Index-The user selects an object of interest. This object points to and indexes back to the original video.The basic Video Synopsis can be further augmented by allowing users to search video according to attributes: size, color,speed,direction and location within the frame. The unique CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-10 Page 438 of 715 Boynton Beach,FL December 9,2019 "Similar to This"function enables users to search their video according to hard-to-define,"I'll know it when I see it"attributes.As in any search engine,results can be ranked in order by probability— from highest to lowest depending on how well they match the search criteria—ensuring that the most relevant events of interest are presented first. 1.3 NETWORK CONNECTIVITY REQUIREMENTS 1.3.1 CommandCentral Aware The Aware workstation will be connected through the local IP network. Network Physical Requirements: • Four(4)network ports for each CommandCentral server. • One(1)network port per Aware workstation. • One(1)4-post racks for the CommandCentral server with at least 30"depth. • Two(2)circuits to distribute power to the server(dual power supplies). • Four(4)rack units for servers with at least two(2)RU for air flow below each. Network Requirements: • Provide network ports that are 1 GB capable. • Bandwidth with be provided between the Aware Server,VMS Servers,Aware Clients,and Streaming clients to support multiple video streams simultaneously. — Variable considerations... Number Connectors. — Final bandwidth requirements will be determined at Detailed Design Review. • The CloudConnect server(s)will be network routable. Motorola will work with the Customer's IT personnel to verify that connectivity meets requirements. Customer will provide the network components. The Customer will provide internet access to the Cloud-Connect server supplied as part of this project.A minimum of 1 Gigabit network ports for the server will be provided. • The max number of Icons viewed on the Aware Client at one time,per instance,is 2000. • The max number of updates per second on the Aware client is 100. • The maximum number of radios per server is approximately 5000. • Minimum bandwidth needed between the CloudConnect Server and the CloudConnect platform is 1.1 Mbps. 1.4 DESIGN CONSIDERATIONS The following have been taken in consideration for the design of the CommandCentral Aware solution for the Customer: • The CommandCentral Aware solution design includes a separate data layers for radios,AVL, CAD events and other P party data. Layers can be turned on and off as desired. • The Customer will be responsible for connectivity between the various networks. • VPN remote access is required for Motorola Solutions personnel. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-11 Page 439 of 715 Boynton Beach,FL December 9,2019 • Customer is responsible for all necessary Yd party upgrades of their existing system(s)as may be required to support the CommandCentral solution.Motorola's solution does not include any services,support or pricing to support Customer 3rd party upgrades. • Customer is responsible for the impact to 3`d party systems inclusive of CommandCentral interfaces as a result of customer upgrading a 3rd party system. Motorola Solutions strongly recommends working with Motorola Solutions to understand the impact of such upgrades prior to taking any upgrade action. • Motorola will have no responsibility for the performance and/or delays caused by other contractors or vendors engaged by the Customer for this project,even if Motorola has been involved in recommending such contractors. • Customer is responsible for providing backup power as necessary. • Customer will provide Internet access to CommandCentral Aware clients(s)and server. • Customer will provide Antivirus software for the Aware client. • Existing UPS(Uninterruptible Power Supply)is available at the site where the CommandCentral equipment(server&workstations)will be installed. • Backhaul equipment, installation,and support costs are to be provided by the Customer. • Low latency is critical for real-time operations. The speed with which data appears on the Aware display depends in large part on how quickly the information is presented to the Aware interface. Major contributors to the latency are typically network delays and the delay time from occurrence of an event to when that event information is presented to Aware from the source application(i.e., CAD,AVL,ALPR,etc.)Consequently,although the Aware product strives to provide near-real- time performance,Motorola can provide no guarantees as to the speed with which an event(or video stream)appears on Aware once the event is triggered. • Aware clients support MS Windows 10. • Customer must provide Motorola access with administrative rights to Active Directory for the purpose of installation/configuration and support. CommandCentral Aware 19-99575!FLP19P140A Motorola Solutions CommandCentral Aware Overview 1-12 Page 440 of 715 Boynton Beach,FL December 9,2019 SECTION 2 EQUIPMENT LIST COMMANDCENTRAL-AWARE 1 SQM01 SUM0307A COMMANDCENTRAL AWARE CLOUDCONNECT SERVER 1 SSVOOS01233A AWARE ENTERPRISE LICENSE-ANNUAL SUBSCRIPTION- HIGH-TIER VIDEO 155 SSVOOS01233A AWARE MID-TIER VIDEO ANNUAL PER SWORN OFFICER 1 SSVOOS0111A CONNECTOR: PremierOne CAD 1 SSVOOS01128A VMS CONNECTOR WITH AWARE-AvigilonVMS 1 SSVOOS01056A CONNECTOR WITH AWARE-Cintel LPR 1 FEDERATED QUERY AND RETURN—INTEGRATION TO PALM BEACH COUNTY LEX DATA EXCHANGE 1 DSSYNWQ86542312 AWARE WORKSTATION -HP Z6G4T X6136, 5 YR.WARR. 3 DS1JS10A4ABA HP Z27n G2-LED monitor-27" - COMMANDCENTRAL-ANALYTICS PLUS 1 SSVOOF01212A CC ANALYTICS PLUS (LexisNexis) SUBSCRIPTION 1 SSVOOF01212A COMMANDCENTRAL-ANALYTICS SET-UP FEE TIPSUBMIT and CRIME REPORTS PLUS 1 SSVOOS01010A TIPSUBMIT Subscription 1 SSVOOS01012A CRIMEREPORTS PLUS W/CAMERA REGISTRATION BRIEFCAM 1 DSHPPNQ0036046301 BRIEFCAM SERVER GEN10 1 DSBCSYNBCPPT1 BRIEFCAM PROTECT—VMS and File Based Import. 100 Camera Channels Included. Includes Forensics, Data Reporting and Live Analytics, 5 concurrent client licenses. 1 DSBCMA0001 BRIEFCAM PROTECT-SW maintenance&upgrades for 1 year 5 DSBCSYNBSYNPSOS BRIEFCAM PROFESSIONAL SERVICES Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Equipment List 2-1 Page 441 of 715 Boynton Beach,FL December 9,2019 SECTION 3 STATEMENT OF WORK 3.1 CONTRACT AWARD This Statement of Work(SOW)describes tasks to be performed in implementing the solution and the deliverables to be furnished to the Customer. The tasks described herein will be performed by Motorola Solutions,its subcontractors(as applicable),and the Customer to implement CommandCentral Aware. When assigning responsibilities,the phrase"Motorola Solutions"includes our subcontractors and third-party partners. Motorola's project manager will use the Statement of Work to guide the deployment process and coordinate the activity of all Motorola resources and teams. The project manager will also work closely with the Customer's project manager to clearly communicate the required deployment activities and schedule tasks involving Customer resources. The scope of this project is limited to supplying the contracted equipment,software and services(SI & Subscriptions)inclusive or any changes that alter the scope via a change order. Deviations and changes to this SOW are subject to mutual agreement between Motorola Solutions and the Customer and will be addressed in accordance with the change order provision of the Contract. 3.1.1 Contract Administration Motorola Solutions Responsibilities 1. Assign a Project Manager,as the single point of contact to implement the CommandCentral Solutions project. 2. Assign resources necessary for project implementation. 3. Schedule the project kick—off meeting. Customer Responsibilities 1. Assign a project manager as the single point of contact responsible for managing Customer resources and with the authority to acknowledge/approve project deliverables. 2. Assign resources necessary to ensure completion of project tasks for which the Customer is responsible. Completion Criteria • Motorola and the Customer assign all required resources. • Project kickoff meeting is scheduled. 3.1.2 Project Kickoff The purpose of the Project kickoff is to introduce project participants and review the scope of the project. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Statement of Work 3-1 Page 442 of 715 Boynton Beach,FL December 9,2019 Motorola Solutions Responsibilities 1. Conduct a project kickoff meeting. 2. Introduce the project team participants and review the roles of each team member. 3. Review the overall project scope and objectives. 4. Discuss the role of resources and scheduling requirements. 5. Review the project schedule and address upcoming milestones and/or events. 6. Review Customer resource and scheduling requirements. 7. Review the teams' interactions,meetings,reports,milestone acceptance,and the Customer's participation in particular phases. Customer Responsibilities 1. Key project team participants attend the meeting. 2. Review Motorola and the Customer responsibilities. 3. Provide locations and access to the existing equipment that will be part of the CommandCentral system. 4. Provide all paperwork and/or forms(i.e. fingerprints,background checks,card keys and any other security requirement)required to obtain access to facilities for this project. 5. Provide the contact information for the license administrator for the project,i.e. IT Manager, and any other key contact information. Completion Criteria • Project kickoff meeting completed. • Meeting notes identify the next action items. 3.1.3 Contract Design Review (CDR) The objective of the CDR is to review the scope of the project,project schedule,equipment list, training approach and test plan. Motorola Solutions Responsibilities 1. Meet with the Customer's project team to review the operational requirements and the impact of those requirements on various equipment configurations 2. Review the contract exhibits: System Design, Statement of Work,Project Schedule,Acceptance Test Plans 3. Provide detailed requirements for the CommandCentral Aware system. 4. Provide credentialing application for Analytics Plus. 5. Review credentialing paperwork to ensure accuracy. 6. Arrange for the site inspection related to the Analytics Plus implementation. 7. Motorola is not responsible for issues outside of its immediate control. Such issues include,but are not restricted to,improper frequency coordination by others and non-compliant operation of other radios. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Statement of Work 3-2 Page 443 of 715 Boynton Beach,FL December 9,2019 Customer Responsibilities 1. Project team participants attend the meeting. 2. Provide network environment information to Motorola. 3. If applicable,test existing equipment and/or any 3rd.party equipment with which Motorola equipment will interface. 4. Provide locations and access to the existing data and video equipment that will be part of the CommandCentral system per contract. 5. Work with the owners of the new and existing data and video equipment to establish network connectivity(where applicable). 6. Provide all paperwork and/or forms(i.e. fingerprints,background checks, card keys and any other security requirement)required to obtain access to each of the sites identified for this project. 7. Complete and return the credentialing application for Analytics Plus. 8. Provide the contact information for the license administrator for the project,i.e.IT Manager, CAD Manager,and any other key contact information as part of this project. 9. Provide appropriate resources to participate in site inspection. Completion Criteria • Completion of the CommandCentral design system documentation,which may include the updated System Description,Equipment List, System diagrams or other documents applicable to the project. • Incorporate any deviations from the proposed ILPS solution into the contract documents accordingly. • Submit Analytics Plus order for integration. • A Change Order is executed in accordance with all material changes and scope resulting from the Design Review to the contract. 3.2 EQUIPMENT PROCESSING AND SHIPPING Motorola Solutions Responsibilities 1. Validate equipment list including validation of model numbers,versions,and compatible options to main equipment. 2. Enter order into the order management system. 3. Ship equipment to Customer's facility. Customer Responsibilities 1. Approve shipping location(s). 2. Receive all equipment and provide secured storage at the designated location. Completion Criteria • Equipment List verified. • System Order complete and shipped to Customer's site. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Statement of Work 3-3 Page 444 of 715 Boynton Beach,FL December 9,2019 3.3 AWARE CONNECTORS Motorola Responsibilities 1. Establish demarcation point to define the connection between CommandCentral Aware and the defined third party systems and/or Customer-supplied data sources. 2. Review data source documentation to assure developers have everything needed to implement the connector/interface. 3. Review data source access information to assure developers have everything needed to establish a connection to the data source. 4. Review network requirement topology to assure connector has access to both the data source and public internet. 5. If applicable,request information on API, SDKs,data schema and any internal and 3rd party documents necessary to establish interfaces with all local and remote systems and facilities. 6. Provide minimum acceptable network performance specifications. 7. If applicable,develop software interfaces(connectors)necessary for the system based on the proposed system solution. Customer Responsibilities 1. Work with Motorola to define requirements for the connector. 2. If applicable,provide requested detailed documentation for each data source including API, SDKs,data schema and any internal and 3rd party documents necessary to develop the connectors and establish interfaces with all local and remote systems and facilities. 3. Provide all communications lines with 3rd party vendors(if applicable)and establish any network paths and network equipment in accordance with Project design and schedule and ensure that the necessary technical support is made available for installation,testing,and demonstration of the interfaces. 4. Ensure that necessary non-disclosure agreements,approvals, and other related issues are complete in accordance with Project design and schedule. Data exchange development must adhere to 3rd party licensing agreements. 5. Assume responsibility for all cost and payment associated with non-Motorola development effort. 6. Provide all the necessary access and permissions to network and system resources required to perform the data exchanges for this project. This includes both physical access and network access to servers and/or system databases. 7. Provide subject matter experts from each involved department to participate in analysis and design meetings as required. 8. Provide internet connectivity to each of the involved 3rd party servers needed to facilitate the data transfers. Completion Criteria • Connector development is completed. • All required access has been granted and documented. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Statement of Work 3-4 Page 445 of 715 Boynton Beach,FL December 9,2019 QUERIES3.4 FEDERATED Motorola Responsibilities 1. Create Requirements Traceability Matrix(RTM). 2. Acquire and setup development/test environment. 3. Develop and implement LEX and Search API connectors in accordance with the RTM. 4. Test the connectors to demonstrate they function in accordance with the RTM. 5. Provide training on query functionality. Customer Responsibilities 1. Participate in development of RTM. 2. Participate in testing of LEX and Search API connectors. Completion Criteria • Demonstration that queries function in accordance with the RTM. 3.5 INSTALLATION & CONFIGURATION 3.5.1 CloudConnect Server Installation Motorola Responsibilities 1. Inventory all equipment specified in the equipment list. 2. Rack and install the CommandCentral Aware CloudConnect appliance on the Customer designated equipment rack. 3. Connect the server to a power distribution unit(PDU)with redundant power provided by 4. Connect server to the Customer's network switch. 5. Assign the Customer provided IP addresses to both the physical and virtual machine servers. 6. Configure Server with contracted software and apply licenses. 7. Configure network connectivity and test connection to CommandCentral Aware server. 8. Test network connectivity to the Internet. 9. Provide support to configure Analytics Plus scheduling,engineering,and historical data upload. Customer Responsibilities 1. Provide IP address information and verify that network paths are configured. 2. Provide usernames and passwords to be used by Motorola as it configures the equipment. 3. Provide access, and the proper passes,to designated Motorola Solutions personnel that will be supporting the installation. 4. Remove/relocate any existing equipment that is unrelated to Motorola's scope. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Statement of Work 3-5 Page 446 of 715 Boynton Beach,FL December 9,2019 5. Provide the network connectivity between the Aware server and all the third party systems identified in this proposal as well as any API/SDKs required for the integration into CommandCentral Aware, including a VPN path or any port forwarding required for the integration. 6. Provide backup power as necessary. 7. Provide and install all communications lines and network equipment and configuration that are not Motorola-provided in accordance with the contract and performance schedule. 8. Provide internet access for the CommandCentral system. 9. Acquire all licensing,site access,or permitting required for project implementation. 10. Provide adequate electrical power and-outlets at the site where all the CommandCentral Aware client equipment will be installed and will be compliant with applicable electrical codes. 11. Provide UPS(Uninterruptible Power Supply)at the site where the CommandCentral equipment (server&workstations)will be installed. Completion Criteria • CommandCentral Aware C1oudConnect server installation and configuration is complete. 3.5.2 CommandCentral Aware Workstations Configuration Motorola Responsibilities 1. Install CommandCentral Aware workstation(s)and monitors at designated location. 2. Configure CommandCentral Aware workstation with client software. 3. Connect workstations to the Customer's network switch and configure network connectivity 4. Test connection to CommandCentral Aware cloud connect. 5. Test network connectivity to the internet. Customer Responsibilities 1. Provide sufficient desk space to support the placement of the CommandCentral Aware workstation and monitors. 2. Provide IP addresses for workstation equipment per the design documentation. 3. Provide internet access to the CommandCentral Aware licenses. 4. Provide an antivirus software license(s)for the CommandCentral Aware workstation(s). 5. Provide power with sufficient number of receptacles within 6' feet of the workstation installation area. 6. Provide a single 1 Gigabit network Ethernet port within 6' feet of each workstation installation area. 7. Provide user names,email addresses,phone numbers in order to create CommandCentral Aware user logons for system. Completion Criteria • CommandCentral Aware Workstations configuration is complete. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Statement of Work 3-6 Page 447 of 715 Boynton Beach,FL December 9,2019 3.5.3 CommandCentral Aware— Connector Installation & Configuration Motorola Responsibilities 1. Configure the connector data interfaces into CommandCentral Aware. 2. Install CommandCentral Aware VMS connector configuration file on the CommandCentral Virtual Machine. 3. Test that the connectors are operating properly and not adversely affecting other systems. 4. Test the connectors and verify they perform in accordance with the design specifications. Customer Responsibilities 1. Provide access to the sites,as necessary. 2. Provide IP addresses for the third-party systems. 3. Provide any and all logon on credentials for the required systems per Motorola specifications to be provided during the Design Review phase. Completion Criteria • CommandCentral Aware connectors installed and operating in accordance with the design specifications. 3.6 TRAINING 3.6.1 CommandCentral Aware On-Site Training On-site training consists of three(3)days of on-site instructor lead discussion and hands on workshop. On-site training supplements the user learning experience provided by the Motorola Solutions Software Enterprise LMS and is structured to your individual needs. On-site Training is limited to twelve(12)Customer participants. Motorola Solutions Responsibilities 1. Conduct training discovery teleconference with Customer's PM or Training Manager to understand the Customer needs and objectives of Motorola Solutions on-site training. 2. Develop Customer specific curriculum and route to Customer for review and approval. 3. Schedule on-site training 4. Upon completion of on-site training,provide Customer with a Training summary report focusing on suggested Customer actions that will enable greater success in using the CommandCentral Aware features. Customer Responsibilities 1. Participate in the training discovery teleconference. 2. Review and approve the Customer specific curriculum prior to Motorola Solutions scheduling on- site training. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Statement of Work 3-7 Page 448 of 715 Boynton Beach,FL December 9,2019 3. Provide a classroom and training environment that enables participants to focus on learning without distraction or interruption.The training environment must provide internet access,access to the CommandCentral Aware system and accommodate up to twelve participants. 4. Provide one workstation with three monitors for each participant and one workstation with three monitors for the Motorola Solutions instructor. Completion Criteria Work is considered complete upon conclusion of the on-site instructor led training. 3.6.2 CommandCentral Aware On-Line Training CommandCentral Aware training is also available via Motorola Solutions Software Enterprise Learning Management System(LMS).This subscription service provides you with continual access to our library of on-line learning content and allows your users the benefit of learning at times convenient to them. Content is added and updated on a regular basis to keep information current. All Motorola Solutions tasks are completed remotely and enable the Customer to engage in training when convenient to them LMS Administrators are able to add/modify users,run reports,and add/modify groups within the panorama. Motorola Solutions Responsibilities 1. Initial set up of Panorama*and addition of administrators. 2. Provide instruction to Customer LMS Administrators on: A. Adding and maintaining users B. Adding and maintaining Groups* C. Assign courses and Learning Paths* D. Running reports Customer Responsibilities I. Provide Motorola with names(first and last)and emails of Customer LMS administrators 2. Provide access to leamingservices.motorolasolutions.com 3. Complete LMS Administrator training 4. Advise users of the availability of the LMS 5. Add/modify users,run reports and add/modify groups Completion Criteria Work is considered complete upon conclusion of Motorola Solutions provided LMS Administrator instruction. *Panorama-A panorama is an individual instance of the Learning Management System that provides autonomy to the agency utilizing. *Groups-A more granular segmentation ofthe LMS that are generally utilized to separate learners of like function(i.e. dispatchers,call takers,patrol,firefighter). These may also be referred to as clients within the LMS. *Learning Path-A collection of courses that follow a logical order,may or may not enforce linear progress. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Statement of Work 3-8 Page 449 of 715 Boynton Beach,FL December 9,2019 3.6.3 Analytics Plus Onboarding and Training Motorola Responsibilities 1. Schedule 3-day on-site onboarding and training that focuses on: A. Agency Standard Operating Procedure(patrol,intelligence gathering, investigations) B. Policing methodologies and technologies in use by customer agency(DDACTS, ILPS,POP, COP,COMPSTAT) C. Specific job roles and responsibilities and related work tasks(analysis,patrol,reporting) D. Day-to-day activities and administrative/departmental meetings(Command Staff, COMPSTAT,DDACTS Customer Responsibilities 1. Provide Motorola with names(first and last)and emails of Customer LMS administrators 2. Provide access to leamingservices.motorolasolutions.com 3. Complete LMS Administrator training Completion Criteria • Verified implementation of Analytics Plus 3.7 COMMANI)CENTRAL FINAL SYSTEM ACCEPTANCE 3.7.1 Acceptance Test Plan (ATP) Motorola Responsibilities 1. Review the acceptance test and procedures with the Customer. 2. Perform acceptance tests with the Customer, including LEX Federated Queries. A. Test name queries(first and last,"Last,First") B. Test license plate queries(plate with State abbreviation for in-state and out-of-state plates, plate with State name for in-state and out-of-state plates) C. Test address search with street address,city, state,zip code) D. Test personal identifier queries(Social Security Number, State ID number,FBI number) 3. Document the results of the acceptance tests and present to Customer for review. 4. If any test as contractually described fails,repeat that particular test after Motorola determines that corrective action has been taken. 5. Prepare documentation of component tests to be delivered as part of the final documentation package. Customer Responsibilities 1. Participate in the Acceptance Test Plan. 2. Provide corrective action on any Customer owned deliverables,within an agreed-upon timeframe. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP 19P140A Motorola Solutions Statement of Work 3-9 Page 450 of 715 Boynton Beach,FL December 9,2019 3. Acknowledge successful completion of the ATP. Completion Criteria • All tests and deliverables for CommandCentral Aware are completed and signed-off by the Customer. 3.7.2 Resolve Punch list Motorola Responsibilities 1. Work with the Customer to resolve punch list items documented during the Acceptance Testing, in order to meet all the criteria for final system acceptance. Customer Responsibilities 1. Assist Motorola with resolution of identified punch list items by providing support,such as access to the sites,equipment and system,and approval of the resolved punch list item(s). Completion Criteria • All punch list items resolved and approved by the Customer. 3.7.3 Finalize Documentation Motorola Responsibilities 1. Provide electronic as-built documentation that includes: A. Functional Acceptance Test Plan test sheets and results B. CommandCentral Solution Configuration/Diagrams C. System password list D. System IP Plan E. Customer Responsibilities 2. Receive and approve all documentation provided by Motorola. Completion Criteria • All required documentation is provided and approved by the Customer. 3.7.4 Final Acceptance • All deliverables completed,as contractually required. • Written acknowledgement of Final System Acceptance received from Customer. 3.8 CHANGE ORDER PROCESS 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 all three,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. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Statement of Work 3-10 Page 451 of 715 Boynton Beach,FL December 9,2019 3.9 PRELIMINARY SCHEDULE The preliminary estimate for completion is three to five months,pending date of purchase and manufacturing lead times.A final schedule will be developed during the project kickoff activities. Boynton Beach,FL December 9,2019 CommandCentrai Aware 19-99575/FLP19P140A Motorola Solutions Statement of Work 3-11 Page 452 of 715 Boynton Beach,FL December 9,2019 SECTION 4 CONS U LTI NG/OPERATIONAL SERVICES 4.1 CONSULTING I PROFESSIONAL SERVICES OVERVIEW As technology continues to evolve,public entities are faced with the challenge of providing improved services to their user communities while controlling operating cost.As a leading provider of mission critical communications equipment,integrated public safety solutions,and professional services consulting engagements,Motorola is committed to providing you with a professional service's driven engagement that offers our operational expertise,tools and systems designed to help achieve your strategic goals according to the priorities laid out in the system description section of this proposal. 4.2 COMMANDCENTRAL AWARE AND ANALYTICS PLUS ONBOARDING SERVICES CommandCentral Aware Onboarding provides customers with a personalized experience during their first weeks as a CommandCentral Customer. From the initial integration of the Agency's data clear through to customized Agency-Specific instruction,CommandCentral Onboarding ensures new customers have a successful start with their CommandCentral services.The Customer will receive individualized assistance throughout the onboarding and data integration phases. CommandCentral Aware Onboarding will provide the Customer's personnel with the knowledge to operate and customize CommandCentral Aware within their agency.This includes understanding how to identify and distribute incident-relevant intelligence from aggregated data,query and video sources to first responders in real time, and proactively identify issues before they escalate. 4.3 COMMANDCENTRAL OPERATIONAL INTEGRATION CommandCentral Operational Integration provides customized professional services through tailored engagements that seek to enable a higher level of data-driven competency within an agency.This service engagement provides agency personnel with the processes, skills,and knowledge necessary to effectively integrate individual CommandCentral products into all aspects of their policing activities. Upon completion of the engagement,users will be equipped to use CommandCentral products to improve the effectiveness and positive outcomes of police operations. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Consulting/Operational Services 4-1 Page 453 of 715 Boynton Beach,FL December 9,2019 SECTION 5 SUPPORT 5.1 TECHNICAL SUPPORT OPERATIONS Technical Support is available Monday-Friday 7:00am-7:00pm Central Time and 24 hours a day,7 days a week for Severity 1 incidents. Severity level response goals are outlined below. Calls requiring incidents or service requests will be logged in Motorola's Customer Relationship Management (CRM)system.This helps ensure that technical issues are prioritized, updated,tracked and escalated as necessary. 5.2 TECHNICAL SUPPORT SCOPE Technical support service is available Monday-Friday 7:00 am-7:00 pm Central Time except for Severity 1 incidents for which support service is available 24 hours a day,7 days a week. See Severity Level Definitions below. Table 5-1:Severity Level Definitions and Response Times 1 Total System Failure Telephone Critical production issue that severely impacts use of conference within 1 the application. The situation halts business operations Hour of initial voice and no procedural workaround exists. This level is notification. meant to represent a major issue which results in an unusable system. Service is down and unavailable. Major corruption or loss of data requiring restoration from backup. A critical documented feature or function is not available. 2 Critical System Failure Telephone Major functionality is impacted or significant conference within 3 performance degradation is experienced. The situation Business Hours of is causing a high impact to portions of customer initial voice operations and no reasonable workaround exists. This notification during level is meant to represent a major issue which limits a normal business customer's normal use of the system. However, basic hours. functionality remains intact. Service is operational but highly degraded performance to the point of major impact on usage. Important features of the application are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion. CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Support &I Page 454 of 715 Boynton Beach,FL December 9,2019 MEMEM111103 OEM 3 Non-Critical System Failure Telephone There is a non-critical or partial loss of use of the conference or email service secondary to a failure of a service of the response within 8 application or component of the system with a Business Hours of medium-to-low impact on the customer. Primary initial notification operations continue to function. This level is meant to during normal represent a minor issue which does not preclude the business hours. use of the system. ..... ......... 4 Cosmetic/Inconvenience Telephone Inquiry regarding a routine technical issue; information conference or email requested on application capabilities, navigation, response within 2 installation or configuration;functionality enhancement Standard Business request; bug affecting small number of users. Days of initial Acceptable workaround is available: notification. General use questions Cosmetic issues System updates Feature requests CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Support 5-2 Page 455 of 715 Boynton Beach,FL December 9,2019 SECTION 6 PRICING SUMMARY 6.1 PROPOSAL PRICING • • Met CLOUDCONNECT ON—PREMISE SERVER 1 $13,200.00 $13,200.00 AWARE HOSTED VIDEO—MID—TIER 1 $30,400.00 $30,400.00 CONNECTOR: MOTOROLA SOLUTIONS 1 $0.00 $0.00 PREMIERONE CONNECTOR:AVIGILON ACC CONNECTOR 1 $0.00 $0.00 CONNECTOR: CINTEL LPR 1 $5,000.00 $5,000.00 AWARE WORKSTATION— HP INC. : HP Z6G4T X6136 1 $10,409.00 $10,409.00 WITH 5 YEAR WARRANTY HP Z27N G2 LED 271N MONITOR 3 $598.00 $1,794.00 COMMANDCENTRAL AWARE OPERATIONAL 1 $19,271.00 $19,271.00 INTEGRATION ENGINEERING SI — INTEGRATION 1 $113,479.00 $113,479.00 PROJECT MANAGEMENT SI — INTEGRATION 1 $98,937.00 $98,937.00 ' ANALYTICS PLUS ONE TIME SET UP FEE 1 $799.00 $799.00 ANALYTICS PLUS SUBSCRIPTON 1 $20,550.00 $20,550.00 COMMANDCENTRAL ANALYTICS ONBOARDING 4 $450.00 $1,800.00 PROJECT MANAGEMENT SI — INTEGRATION 1 $12,390.00 $12,390.00 ' JTIPSUBMIT SUBSCRIPTION SERVICE 1 $3,999.00 $3,999.00 COMMANDCENTRAL CAMERA REGISTRATION $0.00 $0.00 NEW CRIME REPORTS PLUS SUBSCRIPTION $3,000.00 $3,000.00 =1 $1 67,143.00 $167,143.00 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Pricing Summary 6-1 Page 456 of 715 Boynton Beach,FL December 9,2019 • m •0 f 1 VMS and FILE BASED IMPORT. 100 CAMERA 1 $183,086.00 $183,086.0 LICENSES INCLUDING FORENSICS, DATA REPORTING and LIVE ANALYTICS, 5 CONCURRENT CLIENT LICENSES WITH 1 YEAR SMA, 1 BRIEFCAM SERVER, IMPLEMENTATION PROFESSIONAL SERVICES 7 ONLINE TRAINING SUBTOTAL $685,257.00 System Discount $136,257.00 * Time Incentive Discount Year One $19,757.00 GRAND TOTAL 1 $529,243.00 6.2 MOTOROLA COMMANI)CENTRAL SOLUTION PAYMENT OPTIONS - PHASE 1 f ' f Payments based on a down $145,354 $145,354 $145,354 $145,354 $145,354 payment of$233,930 Payments based on down $93,503 $93,503 $93,503 $93,503 $93,503 payment of$465,860 First payment due one year after contact execution. Includes all costs. 6.3 SUBSCRIPTION PRICING . • CommandCentral Aware $35,400 $35,400 $35,400 $35,400 $141,600 w/Connectors CommandCentral Analytics $17,467 $17,467 $17,467 $17,467 $69,868 Plus TipSubmit $3,999 $3,999 $3,999 $3,999 $15,996 CrimeReports Plus $3,000 $3,000 $3,000 $3,000 $12,000 Briefcam SW Maintenance& $22,500 $22,500 $22,500 $22,500 $90,000 Upgrades Five Points-Annual $12,600 $12,600 $12,600 $12,600 $50,400 Maintenance CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Pricing Summary 6-2 Page 457 of 715 Boynton Beach,FL December 9,2019 s Time Incentive Discount $4,939 $4,939 , , 756 Years 2-5 • Note-The time incentive discount is based on a signed executable contract by December 27, 2019. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Pricing Summary 6-3 Page 458 of 715 Boynton Beach,FL December 9,2019 SECTION 7 TERMS AND CONDITIONS The Communications Products Agreement is on the following pages. CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Terms and Conditions 7-1 Page 459 of 715 Boynton Beach,FL December 9,2019 Communications Products Agreement Motorola Solutions, Inc. ("Motorola") and the City of Boynton Beach, Florida ("Customer") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the Products, 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 the exhibits will be resolved in their listed order. Exhibit A Motorola"Software License Agreement" Exhibit B Payment Schedule Exhibit C Motorola Proposal/Quote dated December 9, 2019 Exhibit D Subscription Services Addendum Exhibit D-1 Addendum to Subscription Services Agreement Exhibit E LexisNexis Master Terms&Conditions Exhibit F LexisNexis Risk Solutions Government Application Exhibit G LexisNexis Non-FCRA Permissible Use Certification-Government Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Confidential Information" means all information consistent with the fulfillment of this agreement that is (i) disclosed under this agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or(ii)obtained by examination,testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient.The nature and existence of this agreement are considered Confidential Information. Confidential information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. 2.2. "Contract Price" means the price for the Products, excluding applicable sales or similar taxes and freight charges. 2.3. "Effective Date" means that date upon which the last Party executes this Agreement. 2.4. "Equipment" means the equipment listed in the List of Products that Customer purchases from Motorola under this Agreement. 2.5. "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). 2.6. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright. 2.7. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.8. "Non-Motorola Software"means Software that another party owns. 2.9. "Open Source Software"(also called "freeware'or"shareware")software with either freely obtainable source code, license for modification, or permission for free distribution. 2.10. "Products" mean the Equipment and Software provided by Motorola under this Agreement. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-2 Page 460 of 715 Boynton Beach,FL December 9,2019 2.11. "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. 2.12. "Software"means the Motorola Software and Non-Motorola Software in object code format that is furnished with the Products. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide and install (if applicable) the Products, 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. 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 expiration of the Warranty Period. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. During the Term of this Agreement, 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, and payment terms)will govern the purchase and sale of the additional Equipment or Software. Payment is due within thirty (30) days after the invoice date, and 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 https.//businessonline.motorola.com and the MOL telephone number is (800) 814-0601. 3.5. MAINTENANCE SERVICE. This Agreement does not cover maintenance or support of the Products except as provided under the warranty. If Customer wishes to purchase maintenance or support, Motorola will provide a separate maintenance and support proposal upon request. 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. 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 CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Terms and Conditions 7-3 Page 461 of 715 Boynton Beach,FL December 9,2019 the Priced Options exhibit. Customer may exercise this option by giving written notice to Motorola 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. Section 4 PERFORMANCE SCHEDULE Motorola will perform services in accordance with Exhibits C and D. Section 5 CONTRACT PRICE, PAYMENT,AND INVOICING 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is_$549,000.00_. 5.2. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment Schedule in Exhibit B. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty(30)days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36- 1115800. 5.3 FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. 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): The address for the final 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. If Motorola is providing installation or other services, Customer will provide all necessary construction and building permits, licenses, and the like; and access to the work sites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its contractual duties. 6.2. SITE CONDITIONS. If Motorola is providing installation or other services at Customer's sites, Customer will ensure that these work sites 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;adequate and appropriate electrical power outlets, distribution,equipment and connections;and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the Products. Section 7 ACCEPTANCE Acceptance of the Products will occur upon delivery to Customer unless the Statement of Work provides for acceptance verification or testing, in which case acceptance of the Products will occur upon successful completion of the acceptance verification or testing. Notwithstanding the preceding sentence, Customer's use of the Products for their operational purposes will constitute acceptance. Section 8 REPRESENTATIONS AND WARRANTIES CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-4 Page 462 of 715 Boynton Beach,FL December 9,2019 8.1. The Warranty Period is one(1)year from the date of shipment of the Products. 8.2. 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 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. 8.3. 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 that are applicable to the Motorola Software. If Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes within Customer's control,this warranty expires eighteen(18)months after the shipment of the Motorola Software. TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. 8.4. 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. 8.5. 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. 8.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the Products for commercial, industrial, or governmental use only, and are not assignable or transferable. 8.7. 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. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 9 DELAYS 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. Section 10 DISPUTES The Parties will use the following procedure to address any dispute arising under this Agreement(a"Dispute"). CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Terms and Conditions 7-5 Page 463 of 715 Boynton Beach,FL December 9,2019 10.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. 10.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2)direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. 10.3 MEDIATION. The Parties will choose an independent mediator within thirty(30)days of a notice to mediate from either Party ("Notice of Mediation"). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. 10.4. LITIGATION,VENUE and JURISDICTION. If a Dispute remains unresolved for sixty(60)days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the State of Florida. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement. 10.5. CONFIDENTIALITY. All communications pursuant to subsections 10.2 and 10.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party. Section 11 DEFAULT AND TERMINATION 11.1. 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 the 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. If the non-performing Party fails to cure the default, the performing Party may terminate any unfulfilled portion of this Agreement and recover damages as permitted by law and this Agreement. 11.2. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed. Section 12 PATENT AND COPYRIGHT INFRINGEMENT INDEMNIFICATION 12.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third- party claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Motorola Product") directly infringes a United States patent or copyright ("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. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 12.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance;or(c)accept CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-6 Page 464 of 715 Boynton Beach,FL December 9,2019 the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. 12.3. 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. 12.4. This Section 12 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 12 are subject to and limited by the restrictions set forth in Section 13. Section 13 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. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one(1)year after the accrual of the cause of action, except for money due upon an open account. Section 14 CONFIDENTIALITY 14.1. Each party is a disclosing party ("Discloser") and a receiving party ("Recipient") under this agreement. All Deliverables will be deemed to be Motorola's Confidential Information. During the term of this agreement and for a period of three (3) years from the expiration or termination of this agreement, 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 of any wholly owned subsidiary,a parent company,any otherwholly owned subsidiaries of the same parent company),agents 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 copy, reproduce, 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 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. 14.2. 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 CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Terms and Conditions 7-7 Page 465 of 715 Boynton Beach,FL December 9,2019 independently developed by Recipient without the use of any of Discloser's Confidential Information or any breach of this agreement. 14.3. 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. SECTION 15 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, 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 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 twenty(20) 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. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment,delegation,or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses(each a"Separated Business"),whether by way of a sale,establishment of a joint venture, spin-off or otherwise(each a"Separation Event"), Motorola may,without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates,to the extent applicable)following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 16.3 WAIVER. Failure or delay by either Party to exercise any 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 only 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 CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Terms and Conditions 7-8 Page 466 of 715 Boynton Beach,FL December 9,2019 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; CONSTRUCTION. 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. 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 executed in multiple 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. 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. 16.8. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either delivered personally 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: City of Boynton Beach Motorola Solutions, Inc. Attn: Attn: Judy Jean-Pierre, Sr. Counsel Legal, Government Affairs&Corporate Communications 500 West Monroe Street, 43rd Street Chicago, IL 60661 16.9. 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. 16.10. 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 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. 16.11. 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 10 (Disputes); Section 13(Limitation of Liability); Section 14(Confidentiality); Section 15 (Motorola's Proprietary Rights); and all of the General terms in this Section 16. 16.12. SCRUTINIZED COMPANIES. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-9 Page 467 of 715 Boynton Beach,FL December 9,2019 provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 16.13. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:. CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 G1BS0NC@BBFLUS CommandCentral Aware 19-99575!FLP19P140A Motorola Solutions Terms and Conditions 7-10 Page 468 of 715 Boynton Beach,FL December 9,2019 The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions, Inc. City of Boynton Beach, FL ... ° m� J By ,�� m„ -- By: Name: v c Name: Title: ;e, C i t . '[ .t Title: Date: I Date: CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Terms and Conditions 7-I1 Page 469 of 715 Boynton Beach,FL December 9,2019 Exhibit A SOFTWARE LICENSE AGREEMENT This Exhibit A Software License Agreement("Agreement")is between Motorola Solutions, Inc. ("Motorola")and the City of Boynton Beach, Florida ("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 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). CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Terns and Conditions 7-12 Page 470 of 715 Boynton Beach,FL December 9,2019 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 Customer Programming Software ("CPS"), Licensee must purchase a separate license for each location at which Licensee uses CPS. Licensee's use of CPS at a licensed location does not entitle Licensee to use or access CPS remotely. Licensee may make one copy of CPS for each licensed location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or intends to use CPS 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 Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 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. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-13 Page 471 of 715 Boynton Beach,FL December 9,2019 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 to a third party, Licensee may assign its right to use the Software(other than RSS and Motorola's FLASHport®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 Cam mandCentral Aware 19-99575!FLP19P140A Motorola Solutions Terms and Conditions 7-14 Page 472 of 715 Boynton Beach,FL December 9,2019 (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. 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. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-15 Page 473 of 715 Boynton Beach,FL December 9,2019 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. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-16 Page 474 of 715 Boynton Beach,FL December 9,2019 Exhibit B PAYMENT SCHEDULE Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30)days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones. 1. 30%due upon contract execution; 4. 50%of the Contract Price upon shipment of equipment; and 5. 20%of the Contract Price upon final acceptance. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-17 Page 475 of 715 Boynton Beach,FL December 9,2019 EXHIBIT C Motorola's Proposal/Quote dated December 9, 2019 CommandCentral Aware 19-995751 FLP19P140A 40 Motorola Solutions Terms and Conditions 7-18 Page 476 of 715 Boynton Beach,FL December 9,2019 Exhibit D SUBSCRIPTION SERVICES ADDENDUM This Addendum to the Communications System and Services Agreement or other previously executed and currently in force Agreement, as applicable ("Primary Agreement") provides additional or different terms and conditions to govern the sale of Subscription Services ("Addendum"). The terms in this Addendum are integral to and incorporated into the Primary Agreement signed by the Parties. The terms of the Addendum, including addendums, exhibits, and attachments combined with the terms of any applicable Incorporated Documents will govern the products and services offered pursuant to this Addendum. To the extent there is a conflict between the terms and conditions of the Addendum and the terms and conditions of the applicable Incorporated Documents, the Incorporated Documents take precedence. 1. DEFINITIONS All capitalized terms not otherwise defined in this Addendum shall have the same meaning as defined in the Primary Agreement. Any reference to the purchase or sale of software or other Intellectual Property shall mean the sale or purchase of a license or sublicense to use such software or Intellectual Property in accordance with this Addendum. "Administrator" means Customer's designated system administrator who receives administrative logins for the Subscription Services and issues access rights to Customer's Users. "Anonymized"means having been stripped of any personal or correlating information revealing original source or uniquely identifying a person or entity. "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 Addendum, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Addendum; or is explicitly approved for release by written authorization of the disclosing Party. "Customer Data" means Native Data provided by Customer to Motorola hereunder to be processed and used in connection with the Subscription Services. Customer Data does not include data provided by third parties and passed on to Motorola. "Documentation" means the technical materials provided by Motorola to Customer in hard copy or electronic form describing the use and operation of the Solution and Software, including any technical manuals, but excluding any sales, advertising or marketing materials or proposals. "Effective Date" means, as applicable, the date of the last signature to include this Addendum., unless access to the Subscription Service occurs later, in which case,the Effective Date will be the date when Customer first has access to the Subscription Services. "Feedback" means comments or information, in oral or written form, given to Motorola by Customer, in connection with or relating to the Solution and Subscription Services. "Force Majeure"which means an event, circumstance, or act that is beyond a Party's reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires,floods, epidemics, embargoes, war, riots, or any other similar cause. "Licensed Product" means 1) Software, whether hosted or installed at Customer's site, 2) Documentation; 3) associated user interfaces; 4) help resources; and 5) any related technology or other services made available by the Solution. "Native Data" means data that is created solely by Customer or its agents. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terns and Conditions 7-19 Page 477 of 715 Boynton Beach,FL December 9,2019 "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, ideas and concepts, moral rights, processes, methodologies, tools, techniques, and other intellectual property rights. "Software"means the Motorola owned or licensed off the shelf software programs delivered as part of the Licensed Products used to provide the Subscription Services, including all bug fixes, updates and upgrades. "Solution" means collectively, the Software, servers and any other hardware or equipment operated by Motorola and used in conjunction with the Subscription Services. "Statement of Work"If included,the Statement of Work("SOW')describes the Subscription Services,Deliverables (if any), Licensed Products and Solution that Motorola will provide to Customer under this Addendum,and the other work-related responsibilities that the parties owe to each other. The Statement of Work may contain a performance schedule. "Subscription Services" or "Services" means those subscription services to be provided by Motorola to Customer under this Addendum, the nature and scope of which are more fully described in the Documentation, proposal, SOW, or other Solution materials provided by Motorola, as applicable. "Users" means Customer's authorized employees or other individuals authorized to utilize the Subscription Services on behalf of Customer and who will be provided access to the Subscription Services by virtue of a password or equivalent security mechanism implemented by Customer. 2. SCOPE 2.1 Subscription Services. Motorola will provide to Customer the Subscription Services and Deliverables(if any). As part of the Subscription Services, Motorola will allow Customer to use the Solution described in the Statement of Work, Documentation, proposal, or other Solution materials provided by Motorola ("Incorporated Document(s)"), as applicable. Some Subscription Services will also be subject to additional terms unique to that specific Subscription Service. Such additional terms will be set forth in a Statement of Work, as applicable. In the event of a conflict between an Addendum and a Statement of Work, , the Addendum will govern resolution of the conflict. Motorola and Customer will perform their respective responsibilities as described in this Addendum and Statement of work and any applicable Incorporated Documents. 2.2 Changes. Customer may request changes to the Services. If Motorola agrees to a requested change,the change must be confirmed in writing and signed by authorized representatives of both parties. A reasonable price adjustment will be made if any change affects the time of performance or the cost to perform the Services. 2.3 Non-solicitation. During the term of this Addendum and for twelve(12) months thereafter, Customer will not actively solicit the employment of any Motorola personnel who is involved directly with providing any of the Services. 3. TERM 3.1 Term. Unless a different Term is set forth in the Primary Agreement, or the Incorporated Documents, the Term of this Agreement begins on the Effective Date and continues for twelve(12)months.The Agreement renews automatically annually on the anniversary of the Effective Date, unless either Party notifies the other of its intention to not renew the Addendum at least thirty(30)days before the anniversary date or until termination by either Party in accordance with the Termination section of the Addendum. 3.2 Minimum Initial Term. For certain Subscription Services, a minimum initial term greater than one year may be required ("Minimum Initial Term"). Following the Minimum Initial Term, this Addendum will automatically renew upon each anniversary of the Effective Date for a successive renewal term of the same duration as the Minimum Initial Term, unless either Party: 1) notifies the other of its intention to not renew the Addendum (in whole or part) at least thirty (30) days before the anniversary date; 2) requests an alternate term; or 3) terminates in accordance with the termination provision in the Addendum, including non-payment of fees for the renewal period by the anniversary date. 3.3 Renewals. The terms and conditions of the Addendum will govern any renewal periods. 4. CUSTOMER OBLIGATIONS. Customer will fulfill all of its obligations in this Addendum, including CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Terns and Conditions 7-20 Page 478 of 715 Boynton Beach,FL December 9,2019 applicable Statement(s) of Work and Incorporated Documents in a timely and accurate manner. Failure to do so may prevent Motorola from performing its responsibilities. 4.1 Access. To enable Motorola to perform the Subscription Services,Customer will provide to Motorola reasonable access to relevant Customer information, personnel, systems, and office space when Motorola's employees are working on Customer's premises, and other general assistance. Further, if any equipment is installed or stored at Customer's location in order to provide the Subscription Services, Customer will provide,at no charge, a non-hazardous environment with adequate shelter, heat, light, power, security, and full and free access to the equipment. 4.2 Customer Information. If the Documentation, Statement of Work, proposal, or other related documents contain assumptions that affect the Subscription Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Subscription Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management and third party approvals or consents that are reasonably necessary for Motorola to perform the Subscription Services and its other duties under this Addendum. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate,confirm, reject, modify,or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph. 4.3 Risk of Loss. If any portion of the Solution resides on Customer premises or is under Customer's control in any way,Customer shall at all times exercise reasonable care in using and maintaining the Solution in accordance with Motorola's instructions for proper use and care. Risk of loss to any equipment in Customer's possession will reside with Customer until removed by Motorola or its agent or returned by Customer. Customer will be responsible for replacement costs of lost or damaged equipment, normal wear and tear excluded. 4.4 Equipment Title. Unless Customer is purchasing equipment pursuant to the terms in the Primary Agreement and unless stated differently in this Addendum or in the Incorporated Documents,title to any equipment provided to Customer in connection with the Subscription Services remains vested in Motorola at all times.Any sale of equipment pursuant to this Addendum will be governed by the terms and conditions set forth in the Primary Agreement. 4.5 Enable Users.Customerwill properly enable its Users to use the Subscription Services, including providing instructions for use, labeling, required notices, and accommodation pursuant to applicable laws, rules, and regulations. Unless otherwise agreed in the Incorporated Documents, Customer will train its Users on proper operation of the Solution and Licensed Products. Customer agrees to require Users to acknowledge and accept the limitations and conditions of use of the Licensed Products in this Addendum prior to allowing Users to access or use Subscription Services. 4.6 Non-preclusion. If, as a result of the Subscription Services performed under this Addendum, Motorola recommends that Customer purchase products or other services, nothing in this Addendum precludes Motorola from participating in a competitive opportunity or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies. 5. Subscription Fees. 5.1 Recurring Fees. Unless stated differently in an applicable Statement of Work, Incorporated Documents or otherwise arranged in writing with Motorola, Services will be provided in exchange for annual pre-paid Subscription Fees. Motorola will submit an invoice for the first year of subscription fees on the Effective Date. On each anniversary of the Effective Date, Motorola will issue an invoice for the annual subscription fees for the following year. 5.1.1 No Purchase Order Requirement. For a Subscription Services Term exceeding one year, Customer affirms that a purchase order or notice to proceed is not required for Motorola to proceed with the entire scope of work described in the Incorporated Documents for subsequent years, including but not limited to multi-year subscription agreements. 5.2 Start Up Fees. Start up fees apply to certain Subscription Services. If the Subscription Service includes CommandCentral Aware 19-99575!FLP19P140A Motorola Solutions Terms and Conditions 7-21 Page 479 of 715 Boynton Beach,FL December 9,2019 start up fees, Motorola will submit an invoice for the start up fees on the Effective Date. 5.3 Fee Change. Motorola reserves the right to change the subscription fees at the end of each Subscription Services Term. Except for any payment that is due on the Effective Date,Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Motorola reserves the right to terminate Service for non- payment of fees. 5.4 No Price Guarantee. Notwithstanding any language to the contrary, the pricing and fees associated with this Addendum will not be subject to any most favored pricing commitment or other similar low price guarantees. 5.5 Taxes. The Subscription Fees and start up fees do 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 those taxes, it will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties)within thirty(30)days after the date of the invoice. Motorola will be solely responsible for reporting taxes on its income or net worth. 6. ACCEPTANCE; SCHEDULE; FORCE MAJEURE 6.1 Acceptance. The Licensed Products will be deemed accepted upon the delivery of usernames and passwords or other validation mechanism to Customer. If usernames and passwords have been issued to Customer prior to the Effective Date,the Licensed Products will be deemed accepted on the Effective Date. 6.2 Schedule. All Subscription Services will be performed in accordance with the performance schedule included in the Statement of Work, or if there is no performance schedule, within a commercially reasonable time period. 6.3 Force Majeure. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. Each Party will notify the other in writing if it becomes aware of any Force Majeure that will significantly delay performance. The notifying Party will give the notice promptly(but in no event later than fifteen (15)days) after it discovers the Force Majeure. 7. LIMITED LICENSE 7.1 Licensed Products. Use of the Licensed Products by Customer and its Users is strictly limited to use in connection with the Solution or Subscription Services during the Term. Customer and Users will refrain from, and will require others to refrain from, doing any of the following with regard to the Software in the Solution: (i) directly or indirectly, by electronic or other means, copy, modify, or translate the Software; (ii) directly or indirectly, by electronic or other means, reproduce, reverse engineer, distribute, sell, publish, commercially exploit, rent, lease, sublicense, assign or otherwise transfer or make available the Licensed Products or any part thereof to any third party, or otherwise disseminate the Licensed Product in any manner; (iii)directly or indirectly, by electronic or other means, modify, decompile, or disassemble the Software or part thereof, or attempt to derive source code from the Software; or (iv) remove any proprietary notices, labels, or marks on the Software or any part of the Licensed Products. Motorola Solutions reserves all rights to the Software and other Licensed Products not expressly granted herein, including without limitation, all right, title and interest in any improvements or derivatives conceived of or made by Motorola that are based, either in whole or in part, on knowledge gained from Customer Data. Customer agrees to abide by the copyright laws of the United States and all other relevant jurisdictions, including without limitation,the copyright laws where Customer uses the Solution. Customer agrees to immediately cease using the Solution if it fails to comply with this paragraph or any other part of this Addendum. If Software is subject to a click wrap, end user license agreement or is otherwise packaged with or subject to a separate end user license, such license will apply to the use of Software and Licensed Product. 7.2 Proprietary Rights. Regardless of any contrary provision in this Addendum, Motorola or its third party providers own and retain all of their respective Proprietary Rights in the Software, Solution, and Licensed Product. Nothing in this Addendum is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing Services to Customer remain vested exclusively in Motorola, and this Addendum does not grant to Customer any shared development rights of intellectual property. No custom development work is to be performed under this Addendum. 8. DATA AND FEEDBACK CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-22 Page 480 of 715 Boynton Beach,FL December 9,2019 8.1 Solution Data. To the extent permitted by law, Motorola, its vendors and licensors are the exclusive owners of all right, title, and interest, in and to the Solution Data, including all intellectual property rights therein. Motorola grants Customer a personal, royalty-free, non-exclusive license to: (i) access, view, use, copy, and store the Solution Data for its internal business purposes and, (ii)when specifically permitted by the applicable Statement of Work, publish Solution Data on its websites for viewing by the public. 8.2 Customer Data. To the extent permitted by law, Customer retains ownership of Customer Data. Customer grants Motorola and its subcontractors a personal, royalty-free, non-exclusive license to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data for the purpose of providing the Subscription Services to Customer, other Motorola Customers and end users, including without limitation,the right to use Customer Data for the purpose of developing new or enhanced solutions. In addition to the rights listed above, Customer grants Motorola a license to sell an Anonymized version of Customer Data for any purpose. 8.3 Feedback.Any Feedback given by Customer is entirely voluntary and, even if designated as confidential, will create no confidentiality obligation for Motorola. Motorola is free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer acknowledges that Motorola's receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea.The parties further agree that all fixes,modifications and improvement to the Licensed Product or Subscription Service conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Licensed Product or Subscription Service will vest solely in Motorola. 9 WARRANTY 9.1 "AS IS". THE SOLUTION AND SUBSCRIPTION SERVICES ARE PROVIDED "AS IS". MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, "Recommendations"). Motorola makes no warranties concerning those Recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the Recommendations and the results to be realized from implementing them. 9.2 Availability and Accuracy. Customer acknowledges that functionality of the Solution as well as availability and accuracy of Solution Data is dependent on many elements beyond Motorola's control, including databases managed by Customer or third parties and Customer's existing equipment, software, and Customer Data. Therefore, Motorola does not guarantee availability or accuracy of data, or any minimum level of coverage or connectivity. Interruption or interference with the Subscription Services or Solution may periodically occur. Customer agrees not to represent to any third party that Motorola has provided such guarantee. 9.3 Equipment Sale. Warranty for any equipment sold pursuant to this Addendum will be set forth in the Primary Agreement. 10. DISCLAIMERS 10.1 Existing Equipment and Software. If Customer's existing equipment and software is critical to operation and use of the Subscription Services, Customer is solely responsible for supporting and maintaining Customer's existing equipment and software. Connection to or interface with Customer's existing equipment and software may be required to receive Subscription Services. Any failures or deficiencies of Customer's existing equipment and software may impact the functionality of the Solution and the Subscription Services to be delivered. Any vulnerabilities or inefficiencies in Customer's system may also impact the Solution and associated Subscription Services. 10.2 Privacy. Customer bears sole responsibility for compliance with any laws and regulations regarding tracking; location based services; gathering, storing, processing, transmitting, using or misusing; or otherwise handling personally identifiable information ("PII"), including information about Users of the Solution or citizens in the general public. Further, it is Customer's sole responsibility to comply with any laws or regulations prescribing the measures to be taken in the event of breach of privacy or accidental disclosure of any PII. Enacting and enforcing any internal privacy policies for the protection of PII, including individual disclosure and consent mechanisms, limitations on use of the information, and commitments with respect to the storage, use, deletion and CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-23 Page 481 of 715 Boynton Beach,FL December 9,2019 processing of PII in a manner that complies with applicable laws and regulations will be Customer's sole responsibility. Motorola will not evaluate the sufficiency of such policies and disclaims any responsibility or liability for privacy practices implemented by Customer, or lack thereof. Customer acknowledges and agrees that Subscription Services and the Solution are not designed to ensure individual privacy. Customer will inform Users that the Solution may enable visibility to PII, as well as physical location of individuals. Further, if the Solution or Subscription Services are available to the general public pursuant to this Addendum, Customer will provide the appropriate privacy notification. Neither Motorola nor Customer can provide any assurance of individual privacy in connection with the Solution. Further, Customer is solely responsible for determining whether and how to use data gathered from social media sources for the purpose of criminal investigations or prosecution. Customer will hold Motorola harmless from any and all liability, expense,judgment, suit, or cause,of action,which may accrue against Motorola for causes of action for damages related to tracking, location based services, breach of privacy, and the use or misuse of PII provided that Motorola gives Customer prompt, written notice of any such claim or suit. Motorola shall cooperate with Customer in its defense or settlement of such claim or suit. 10.3 Social Media. If Customer purchases Subscription Services that utilize social media, Customer acknowledges and agrees that such Subscription Services are not designed to ensure individual privacy. In such case, Customer will inform Users that the Solution and Subscription Services may enable visibility to PII, as well as physical location of individuals. Further, if the Solution or Subscription Services are available to the general public pursuant to this Addendum, Customer will provide the appropriate privacy notification. Neither Motorola nor Customer can provide any assurance of individual privacy in connection with the Solution or Subscription Services utilizing social media. Further, Customer is solely responsible for determining whether and how to use data gathered from social media sources for the purpose of criminal investigations or prosecution. Customer will hold Motorola harmless from any and all liability, expense,judgment, suit, or cause of action,which may accrue against Motorola for causes of action for damages related to tracking, location based services, breach of privacy, and the use or misuse of PII provided that Motorola gives Customer prompt, written notice of any such claim or suit. Motorola shall cooperate with Customer in its defense or settlement of such claim or suit. 10.4 Misuse. Motorola reserves the right to discontinue service at any time without notice to Users that misuse the Service,jeopardize the Licensed Product or public safety in any way. 11. LIMITATION OF LIABILITY 11.1 Liability Limit. Except for personal injury or death, Motorola's total liability,whether for breach of contract, warranty, negligence, strict liability in tort,or otherwise,will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Subscription Services provided under this Addendum. 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, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS ADDENDUM OR THE PERFORMANCE OF THE SUBSCRIPTION SERVICES BY MOTOROLA. This limitation of liability provision survives the expiration or termination of this Addendum and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Addendum may be brought more than one(1)year after the accrual of the cause of action, except for money due upon an open account. 11.2 Additional Disclaimers. MOTOROLA DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND ALL LOSS OR COSTS OF ANY KIND ASSOCIATED WITH 1) THE INTERRUPTION, INTERFERENCE OR FAILURE OF CONNECTIVITY, VULNERABILITIES OR SECURITY EVENTS, WHETHER OR NOT THEY ARE DISCOVERED BY MOTOROLA; 2) PERFORMANCE OF CUSTOMER'S EXISTING EQUIPMENT AND SOFTWARE OR ACCURACY OF CUSTOMER DATA; 3) IF ANY PORTION OF THE SOLUTION OR LICENSED PRODUCT RESIDES ON CUSTOMER'S PREMISES, DISRUPTIONS OF AND/OR DAMAGE TO CUSTOMER'S OR A THIRD PARTY'S INFORMATION SYSTEMS, EQUIPMENT, AND THE INFORMATION AND DATA, INCLUDING, BUT NOT LIMITED TO, DENIAL OF ACCESS TO A LEGITIMATE SYSTEM USER, AUTOMATIC SHUTDOWN OF INFORMATION SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE, OR FAILURE OF THE INFORMATION SYSTEM RESULTING FROM THE PROVISION OR DELIVERY OF THE SERVICE; 4) AVAILABILITY OR ACCURACY OF SOLUTION DATA; 5) INTERPRETATION, USE OR MISUSE IN ANY WAY OF SOLUTION DATA; 6) IMPLEMENTATION OF RECOMMENDATIONS PROVIDED IN CONNECTION WITH CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-24 Page 482 of 715 Boynton Beach,FL December 9,2019 THE SUBSCRIPTION SERVICES; 7)TRACKING,AND LOCATION BASED SERVICES, BREACH OF PRIVACY, AND THE USE OR MISUSE OF PERSONALLY IDENTIFIABLE INFORMATION. 11.3 Essential term. The parties acknowledge that the prices have been set and the Addendum entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties. 12 DEFAULT AND TERMINATION 12.1 Default By a Party. If either Party fails to perform a material obligation under this Addendum, 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, detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Addendum 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 Customers 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 Addendum. In the event of a 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 Addendum as permitted by this Section, and procures the Services through a third party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to procure the Services (but not additional or out of scope services) less the unpaid portion of the Contract Price. Customer agrees to mitigate damages and provide Motorola with detailed invoices substantiating the charges. 12.3 No Refund. If a subscription is terminated for any reason prior to the end of the Subscription Services Term or other subscription period set forth in the Incorporated Documents or otherwise agreed to in writing by the Parties, no refund or credit will be provided. 12.4 Cancellation Fee. If an Initial Minimum Term applies and Customer terminates prior to the end of the Initial Minimum Term, Customer will be required to pay a cancellation fee of up to fifty percent (50%) of the remaining balance of subscription fees for the Initial Minimum Term. 12.5 Return of Discount. If Customer is afforded a discount in exchange for a term commitment longer than one year, early termination will result in an early termination fee, representing a return of the discount off of list price. 12.6 Return Confidential Information. Upon termination or expiration of the Addendum, Customer will return or certify the destruction of all Confidential,Information and Solution Data. 12.7 Connection Terminated. Certain Subscription Services require a connection to Customer systems to access Customer Data(e.g. predictive or analytic services). Upon termination, connection to relevant data sources will be disconnected and Motorola will no longer extract any Customer Data. 12.8 Equipment Return. Any equipment provided by Motorola for use with the Subscription Services, must be returned within thirty(30)days of the date of termination,at Customer's expense. If equipment is not returned within this time frame, Motorola reserves the right to invoice the Customer for the purchase price of the unreturned equipment. 12.9 Five Year Term. Motorola provides equipment for use in connection with certain Subscription Services. Upon expiration and non-renewal of a five (5) year subscription Term, Title to the equipment will automatically transfer to Customer upon the subscription expiration date. 13. DISPUTES 13.1. Settlement. The parties will attempt to settle any dispute arising from this Addendum (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. If cooperative efforts fail, the dispute will be mediated by a mediator chosen jointly by the parties within thirty (30) days after notice by CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-25 Page 483 of 715 Boynton Beach,FL December 9,2019 one of the parties demanding non-binding mediation. The parties will not unreasonably withhold consent to the selection of a mediator, will share the cost of the mediation equally, may agree to postpone mediation until they have completed some specified but limited discovery about the dispute, and may replace mediation with some other form of non-binding alternative dispute resolution ("ADR"). 13.2 Litigation. A Party may submit to a court of competent jurisdiction any claim relating to intellectual property, breach of confidentiality, or any dispute that cannot be resolved between the parties through negotiation or mediation within two(2)months after the date of the initial demand for non-binding mediation. Each Party consents to jurisdiction over it by that court. The use of ADR procedures will not be considered under the doctrine of laches, waiver, or estoppel to affect adversely the rights of either Party. Either Party may resort to the judicial proceedings described in this section before the expiration of the two-month ADR period 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. 14. SECURITY. 14.1 Industry Standard. Motorola will maintain industry standard security measures to protect the Solution from intrusion, breach, or corruption. During the term of Addendum, if the Solution enables access to Criminal Justice Information ("CJI"), as defined by the Criminal Justice Information Services Security Policy ("CJIS"), Motorola will provide and comply with a CJIS Security Addendum. Any additional Security measure desired by Customer may be available for an additional fee. 14.2 Background checks. Motorola will require its personnel that access CJI to submit to a background check based on submission of FBI fingerprint cards. 14.3 Customer Security Measures. Customer is independently responsible for establishing and maintaining its own policies and procedures and for ensuring compliance with CJIS and other security requirements that are outside the scope of the Subscription Services provided. Customer must establish and ensure compliance with access control policies and procedures, including password security measures. Further, Customer must maintain industry standard security and protective data privacy measures. Motorola disclaims any responsibility or liability whatsoever for the security or preservation of Customer Data or Solution Data once accessed or viewed by Customer or its representatives. Motorola further disclaims any responsibility or liability whatsoever that relates to or arise from Customer's failure to maintain industry standard security and data privacy measures and controls, including but not limited to lost or stolen passwords. Motorola reserves the right to terminate the Service if Customer's failure to maintain or comply with industry standard security and control measures negatively impacts the Service, Solution, or Motorola's own security measures. 14.4 Breach Response Plan. Both parties will maintain and follow a breach response plan consistent with the standards of their respective industries. 15. CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS 15.1.. CONFIDENTIAL INFORMATION. 15.1.1. Treatment of Confidential Information. During the term of this Addendum,the parties may provide each other with Confidential Information. Licensed Products, and all Deliverables will be deemed to be Motorola's Confidential Information. Each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a "need to know"and not copy or reproduce the Confidential Information;take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but those precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Addendum or pursuant to the license granted immediately below. 15.1.2. Ownership of Confidential Information. The disclosing Party owns and retains all of its Proprietary Rights in and to its Confidential Information, except the disclosing Party hereby grants to the receiving Party the limited right and license, on a non-exclusive, irrevocable, and royalty-free basis,to use the Confidential Information CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-26 Page 484 of 715 Boynton Beach,FL December 9,2019 for any lawful, internal business purpose in the manner and to the extent permitted by this Addendum. 15.2. PRESERVATION OF PROPRIETARY RIGHTS. 15.2.1 Proprietary Solution. Customer acknowledges that the Licensed Products and any associated Documentation, data, and methodologies used in providing Services are proprietary to Motorola or its third party licensors and contain valuable trade secrets. In accordance with this Addendum,Customer and its employees shall treat the Solution and all Proprietary Rights as Confidential Information and will maintain the strictest confidence. 15.2.2. Ownership. Each Party owns and retains all of its Proprietary Rights that exist on the Effective Date. Motorola owns and retains all Proprietary Rights that are developed, originated, or prepared in connection with providing the Deliverables or Services to Customer, and this Addendum does not grant to Customer any shared development rights. At Motorola's request and expense, Customer will execute all papers and provide reasonable assistance to Motorola to enable Motorola to establish the Proprietary Rights. Unless otherwise explicitly stated herein, this Addendum does not restrict a Party concerning its own Proprietary Rights and is not a grant (either directly or by implication, estoppel, or otherwise)of a Party's Proprietary Rights to the other Party. 15.3 Remedies. Because Licensed Products contain valuable trade secrets and proprietary information of Motorola, its vendors and licensors, Customer acknowledges and agrees that any actual or threatened breach of this Section will constitute immediate, irreparable harm to Motorola for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. Notwithstanding anything in this Addendum to the contrary, Motorola reserves the right to obtain injunctive relief and any other appropriate remedies from any court of competent jurisdiction in connection with any actual, alleged, or suspected breach of Section 3, infringement, misappropriation or violation of Motorola's Property Rights, or the unauthorized use of Motorola's Confidential Information. Any such action or proceeding may be brought in any court of competent jurisdiction. Except as otherwise expressly provided in this Addendum, the parties' rights and remedies under this Addendum are cumulative. 16. GENERAL 16.1 Future Regulatory Requirements. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Subscription Services and use of the Solution may change. Changes to existing Subscription Services or Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the Fees for services. 16.2 Compliance with Applicable Laws. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Addendum. Further, Customer will comply with all applicable export and import control laws and regulations in its use of the Licensed Products and Subscription Services. In particular, Customer will not export or re-export the Licensed Products without Motorola's'prior written consent, and, if such consent is granted, without Customer first obtaining all required United States and foreign government licenses. Customer further agrees to comply with all applicable laws and regulations in providing the Customer Data to Motorola, and Customer warrants and represents to Motorola that Customer has all rights necessary to provide such Customer Data to Motorola for the uses as contemplated hereunder. Customer shall obtain at its expense all necessary licenses, permits and regulatory approvals required by any and all governmental authorities as may from time to time be required in connection with its activities related to this Addendum. To the extent permitted by applicable law, Customer will defend, indemnify, and hold harmless Motorola from and against any violation of such laws or regulations by Customer or any of its agents, officers, directors, or employees. 16.3 Audit. Motorola reserves the right to monitor and audit use of the Subscription Services. Customer will cooperate and will require Users to cooperate with such monitoring or audit. 16.4 Assignability. Except as provided herein, neither Party may assign this Addendum or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Addendum to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise(each a"Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Addendum such that it will continue to benefit the Separated Business and CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-27 Page 485 of 715 Boynton Beach,FL December 9,2019 its affiliates (and Motorola and its affiliates,to the extent applicable)following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Addendum. 16.5 Subcontracting. Motorola may subcontract any portion of the Subscription Services without prior notice or consent of Customer. 16.6 Waiver. Failure or delay by either Party to exercise a right or power 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. 16.7 Severability. If a court of competent jurisdiction renders any part of this Addendum invalid or otherwise unenforceable,that part will be severed and the remainder of this Addendum will continue in full force and effect. 16.8 Independent Contractors. Each Party will perform its duties under this Addendum 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 Addendum will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Addendum will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.9 Headings. The section headings in this Addendum are inserted only for convenience and are not to be construed as part of this Addendum or as a limitation of the scope of the particular section to which the heading refers. This Addendum will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.10 Governing Law. This Addendum and the rights and duties of the parties will be governed by and interpreted in accordance with the laws of the State of Florida. 16.11 Notices. Notices required under this Addendum to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party 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. 16.12 Authority To Execute Addendum. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Addendum and to perform its duties under this Addendum;the person executing this Addendum on its behalf has the authority to do so; upon execution and delivery of this Addendum by the parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Addendum does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.13 Return of Equipment. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer, if any. 16.14. Survival Of Terms. The following provisions survives the expiration or termination of this Addendum for any reason: if any payment obligations exist, Section 5 (Subscription Fees); Section 11 (Limitation of Liability); Section 12 (Default and Termination); Section 13 (Disputes); Section 15 (Confidential Information and Proprietary Rights); and all General provisions in Section 16. 16.15. ENTIRE AGREEMENT.This Addendum,the Primary Agreement, and any Incorporated Documents or related attachments constitute the entire agreement of the Parties regarding the subject matter of this Addendum and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Addendum 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 or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Addendum, even if a representative of each Party signs that document. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-28 Page 486 of 715 Boynton Beach,FL December 9,2019 In witness whereof, the parties hereto have executed this Addendum as of the Effective Date. CUSTOMER MOTOROLA SOLUTIONS, INC. BY: NAME: NAME D ;..F w. TITLE: TITLE: e" a o DATE: DATE: C2- BILL TO ADDRESS: SHIP TO ADDRESS (If applicable): Name: Name: Address: Address: Address: Address: Phone#: Phone#: FINAL DESTINATION (If applicable): Name: Address: Address: Phone#: CommandCentral Aware 19-995751 FLP 19P140A Motorola Solutions Terms and Conditions 7-29 Page 487 of 715 Boynton Beach,FL December 9,2019 Exhibit D-1 Addendum to Subscription Services Agreement Command Central Analytics Plus, powered by LexisNexis Motorola Solutions, Inc. ("Motorola's is the provider of the service known as Command Central Analytics Plus, powered by LexisNexis("Motorola Services'. Customer agrees to the Motorola Services pursuant to the following terms and conditions which are incorporated into the Subscription Services Agreement Signed by Customer. 1. RESTRICTED LICENSE. Motorola hereby grants to Customer a restricted license to use the Motorola Services, subject to the restrictions and limitations set forth below: (i) Generally. Motorola hereby grants to Customer a restricted license to use the Motorola Services solely for Customer's own internal business purposes. Customer represents and warrants that all of Customer's use of the Motorola Services shall be for only legitimate business purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by the Master Terms. Customer shall not use the Motorola Services for marketing purposes or resell or broker the Motorola Services to any third-party,and shall not use the Motorola Services for personal(non-business)purposes. Customer shall not use the Motorola Services to provide data processing services to third-parties or evaluate data for third- parties or, without Motorola's consent, to compare the Motorola Services against a third party's data processing services. Customer agrees that,if Motorola determines or reasonably suspects that continued provision of Motorola Services to Customer entails a potential security risk, or that Customer is in violation of any provision of these Master Terms or law, Motorola may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the Motorola Services. Customer shall not access the Motorola Services from Internet Protocol addresses located outside of the United States and its territories without Motorola's prior written approval. Customer may not use the Motorola Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of the Motorola Services and information provided therein. Motorola may at any time mask or cease to provide Customer access to any Motorola Services or portions thereof which Motorola may deem, in Motorola's sole discretion, to be sensitive or restricted information. (ii) GLBA Data. Some of the information contained in the Motorola Services is"nonpublic personal information," as defined in the Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, the "GLBA'),and is regulated by the GLBA("GLBA Data'). Customer shall not obtain and/or use GLBA Data through the Motorola Services in any manner that would violate the GLBA,or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain Motorola Services and will recertify upon request by Motorola. Customer certifies with respect to GLBA Data received through the Motorola Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA. (iii) DPPA Data. Some of the information contained in the Motorola Services is "personal information," as defined in the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA'),and is regulated by the DPPA("DPPA Data'). Customer shall not obtain and/or use DPPA Data through the Motorola Services in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain Motorola Services and will recertify upon request by Motorola. (iv) Social Security and Driver's License Numbers. Motorola may in its sole discretion permit Customer to access full social security numbers(nine (9)digits)and driver's license numbers(collectively,"QA Data'. If Customer is authorized by Motorola to receive QA Data,and Customer obtains QA Data through the Motorola Services,Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by Motorola policies, the terms and conditions herein, and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth in Paragraph 3 below, Customer agrees that it will not permit QA Data obtained through the Motorola Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-30 Page 488 of 715 Boynton Beach,FL December 9,2019 Customer agrees it will certify, in writing, its uses for QA Data and recertify upon request by Motorola. Customer may not, to the extent permitted by the terms of these Master Terms, transfer QA Data via email or ftp without Motorola's prior written consent. However, Customer shall be permitted to transfer such information so long as: 1)a secured method (for example,sftp) is used, 2)transfer is not to any third-party,and 3)such transfer is limited to such use as permitted under these Master Terms. Motorola may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer. (v) Copyrighted and Trademarked Materials. Customer shall not remove or obscure any trademarks, copyright notices or other notices contained on materials accessed through the Motorola Services. (vi) Additional Terms. To the extent that the Motorola Services accessed by Customer include information or data described in the Risk Supplemental Terms contained at: w .lexisnexis.comltermslris� Customer agrees to comply with the Risk Supplemental Terms set forth therein. Additionally, certain other information contained within the Motorola Services is subject to additional obligations and restrictions. These services include, without limitation, news, business information,and federal legislative and regulatory materials. To the extent that Customer receives such news, business information, and federal legislative and regulatory materials through the Motorola Services, Customer agrees to comply with the Terms and Conditions contained at: htt ww.lexisnex .com termmgneral,asx (the "L&P Terms'). The Risk Supplemental Terms and the L&P Terms are hereby incorporated into these Master Terms by reference. In the event of a direct conflict between these Master Terms,the Risk Supplemental Terms,and the L&P Terms,the order of precedence shall be as follows: these Master Terms, the Risk Supplemental Terms and then the L&P Terms. (vii) MVR Data. If Customer is permitted to access Motor Vehicle Records("MVR Data')from Motorola,without in any way limiting Customer's obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change: (a) Customer shall not use any MVR Data provided by Motorola, or portions of information contained therein, to create or update a file that Customer uses to develop its own source of driving history information. (b) As requested by Motorola, Customer shall complete any state forms that Motorola is legally or contractually bound to obtain from Customer before providing Customer with MVR Data. (c) Motorola (and certain Third-Party vendors) may conduct reasonable and periodic audits of Customer's use of MVR Data. In response to any such audit, Customer must be able to substantiate the reason for each MVR Data order. (viii) HIPAA. Customer represents and warrants that Customer will not provide Motorola with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records(as those terms are defined in 42 U.S.C. Sec. 17921(5),and 42 U.S.C. Sec. 17921(11),respectively) or with information from such records without the execution of a separate agreement between the parties. (ix) Economic Sanctions Laws. Customer acknowledges that Motorola is subject to economic sanctions laws, including but not limited to those enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC'O, the European Union, and the United Kingdom. Accordingly, Customer shall comply with all economic sanctions laws of the United States, the European Union, and the United Kingdom. Customer shall not provide access to Motorola Services to any individuals identified on OFAC's list of Specially Designated Nationals ("SDN List'), the UK's HM Treasury's Consolidated List of Sanctions Targets, or the EU's Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions. Customer shall not take any action which would place Motorola in a position of non-compliance with any such economic sanctions laws. (x) Retention of Records. For uses of GLB Data, DPPA Data and MVR Data,as described in Sections 2(ii), 2(iii) and 2(vii),Customer shall maintain for a period of five(5)years a complete and accurate record(including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data. CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Terms and Conditions 7-31 Page 489 of 715 Boynton Beach,FL December 9,2019 (xi) Software. To the extent that Customer is using software provided by Motorola ("Software'), whether hosted by Motorola or installed on Customer's equipment,such Software shall be deemed provided under a limited, revocable license, for the sole purpose of using the Motorola Services. In addition, the following terms apply: Customer shall not(a) use the Software to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights, (b) use the Software to store or transmit spyware, adware, other malicious programs or code, programs that infringe the rights of others, or programs that place undue burdens on the operation of the Software, or(c) interfere with or disrupt the integrity or performance of the Software or data contained therein. The use of the Software will be subject to any other restrictions (such as number of users, features, or duration of use) agreed to by the parties or as set forth in a Schedule A. (xii) Non-FCRA Use Restrictions. The LN Services described in a Schedule A(as defined in these Master Terms) as Non-FCRA are not provided by"consumer reporting agencies,"as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) C FCRA') and do not constitute"consumer reports,"as that term is defined in the FCRA (the"Non-FCRA LN Services'). Accordingly, the Non- FCRA LN Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance,employment or another purpose in connection with which a consumer report may be used under the FORA. Further, (A) Customer certifies that it will not use any of the information it receives through the Non-FORA LN Services to determine, in whole or in part an individual's eligibility for any of the following products,services or transactions: (1)credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or(4) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account; (B) by way of clarification, without limiting the foregoing, Customer may use, except as otherwise prohibited or limited by the Master Terms, information received through the Non- FCRA LN Services for the following purposes: (1)to verify or authenticate an individual's identity; (2)to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4) to review the status of a legal proceeding; (5) to determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part, a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes;(C)specifically,if Customer is using the Non-FCRA LN Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third party, Customer shall not use the Non-FCRA LN Services: (1) to revoke consumer credit; (2)to accelerate, set or change repayment terms; or(3)for the purpose of determining a consumer's eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this Section, use the Non-FCRA LN Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer's debt or for prioritizing collection activities; and (D) Customer shall not use any of the information it receives through the Non-FCRA LN Services to take any "adverse action,"as that term is defined in the FCRA. (xiii) FCRA Services. If a Customer desires to use a product described in a Schedule A(Customer price schedule) as an FCRA product, Customer will execute an FCRA Addendum to the Master Terms. The FCRA product will be delivered by an affiliate of LNRSFL, LexisNexis Risk Solutions Inc., in accordance with the terms and conditions of the Master Terms. CommandCentral Aware 19-99575!FLP19P140A Motorola Solutions Terms and Conditions 7-32 Page 490 of 715 Boynton Beach,FL December 9,2019 2. TERMS APPLICABLE TO PUBLIC SAFETY DATA EXCHANGE DATABASE I. Public Safe Data Exchange Database 1. Motorola maintains the LexisNexis Public Safety Data Exchange Database ("PSDEX', which contains information related to public safety and state and local law enforcement investigations. PSDEX is compiled from information submitted by PSDEX customers and enhanced by Motorola data and technology. 2. In exchange for good and valuable consideration, including access to PSDEX, Customer hereby agrees to contribute public safety information that may be used for analysis, investigations and reporting (the "Customer Data Contribution'). 3. LN's obligations. a. Motorola agrees to provide PSDEX information to Customer. b. Motorola agrees to provide Customer with instructions for submitting information to the PSDEX database and for using the PSDEX service. 4. Customer obligations. a. Customer agrees to submit to Motorola, with reasonable promptness and consistency, Customer Data Contributions. b. Customer acknowledges and agrees that it is solely responsible for the content of the Customer Data Contributions submitted to Motorola and that it shall use reasonable care to ensure the information submitted is a reasonable reflection of the actual report. Each submission to Motorola with respect to an incident or subject constitutes a Customer Data Contribution. c. Customer's disclosure of information to Motorola is and will be in compliance with all applicable laws, regulations and rulings. d. Customer agrees to notify Motorola promptly of any change in status, factual background, circumstances or errors concerning any Customer Data Contribution previously provided to Motorola. Customer further agrees to submit corrected information in a timely manner. Customer agrees that it will fully and promptly cooperate with Motorola should any inquiry about the Customer Data Contributions arise. e. The following named individual/department shall serve as the contact person(s) for submissions made to Motorola. The contact person shall respond to requests from Motorola for clarification or updates on incident reports submitted by Customer during normal business hours, and Customer will not reasonably withhold from Motorola information on any such submission. Motorola shall not reveal the identity of the Customer's contact person(s)to any other PSDEX customer without Customer's consent. Name: Title: Address: Phone: Fax: Email: f. Customer agrees that it will access information contributed to PSDEX by other customers only through Motorola. g. Customer agrees that Motorola and all other PSDEX customers shall not be liable to Customer,and Customer hereby releases Motorola and all other PSDEX customers from liability to Customer, for any claims, damages, liabilities, losses and injuries arising out of, or caused in whole or in part by Motorola or each such other PSDEX customer's negligence, gross negligence, willful misconduct and other acts and omissions in reporting or updating incidents of alleged wrongdoing for inclusion in PSDEX. Other PSDEX customers are intended to be third party beneficiaries of this paragraph. CommanciCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-33 Page 491 of 715 Boynton Beach,FL December 9,2019 II. Public Safety Exchange Database General Terms 1. LICENSE GRANT. Customer, at no charge, hereby grants to Motorola a paid up, irrevocable, worldwide, non-exclusive license to use,adapt,compile,aggregate,create derivative works,transfer,transmit, publish and distribute to PSDEX customers the Customer Data Contributions for use in PSDEX and all successor databases and/or information services provided by Motorola or LexisNexis. 2. GOOGLE GEOCODER. Motorola used Google Geocoder to geocode address locations that do not already contain "X" and "Y" coordinates. Any "X" and "Y" coordinate information provided by the Customer is assumed by Motorola to be accurate and will not be geocoded by Google Geocoder. Crime dot locations geocoded by Google Geocoder as displayed in PSDEX are approximate due to automated location methods and address inconsistencies. 3. DATA DISCLAIMER. Motorola is not responsible for the loss of any data or the accuracy of the data, or for any errors or omissions in the Motorola Services or the use of the Motorola Services or data therein by any third party, including the public or any law enforcement or governmental agencies. 4. LINKS TO THIRD PARTY SITES. PSDEX may contain links or produce search results that reference links to third party websites ("Linked Sites"). Motorola has no control over these Linked Sites or the content within them. Motorola cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Motorola does not endorse the content of any Linked Site, nor does it warrant that a Linked Site will not contain computer viruses or other harmful code. By using PSDEX to search for or link to Linked Sites, Customer agrees and understands that such use is entirely at its own risk, and that Customer may not make any claim against Motorola for any damages or losses whatsoever resulting from such use. S. OWNERSHIP OF SUBMITTED CONTENT. All information provided by a PSDEX customer is offered and owned by that customer. Unless otherwise indicated by such customer,all data will be retained by Motorola and remain accessible by other PSDEX customers in accordance with the provisions of this Addendum and a de-identified subset of the data will remain available to the general public through the CrimeReports.com service or its successor database. 3. SECURITY. 3.1 Security of Information. Customer acknowledges that the information available through the Motorola Services may include personally identifiable information and it is Customer's obligation to keep all such accessed information confidential and secure. Customer must name a System Administrator who will be responsible for maintaining the following records: 1) User IDs including a complete list of each user name associated with each User ID,ensuring that each User ID is assigned to only one individual. User IDs and passwords may not be shared, and "generic"User IDs and passwords are not permitted. 2) Documentation of monthly verification to ensure that each active User ID corresponds to a Customer's current employee, and confirming that employee is an authorized user. User IDs will conform to the standards at ttps:/t w.fbi. ov/services/ciis/clis-securi - Oligy:resource- center. Accordingly, Customer shall (a) restrict access to Motorola Services to those employees who have a need to know as part of their official duties; (b) ensure that none of its employees shall (i) obtain and/or use any information from the Motorola Services for personal reasons, or(ii)transfer any information received through the Motorola Services to any party except as permitted hereunder; (c) keep all user identification numbers,and related passwords, or other security measures (collectively,"User IDs`D confidential and prohibit the sharing of User IDs; (d) immediately deactivate the User ID of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations under Paragraph 1, take all commercially reasonable measures to prevent unauthorized access to, or use of, the Motorola Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f)maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through Motorola Services as it is being disposed; (g) purge all information received through the Motorola Services within ninety(90) days of initial receipt; provided that Customer may extend such period if and solely to the extent such information is retained thereafter in archival form to provide documentary support required for Customer's legal or CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-34 Page 492 of 715 Boynton Beach,FL December 9,2019 regulatory compliance efforts; (h) be capable of receiving the Motorola Services where the same are provided utilizing"secure socket layer,"or such other means of secure transmission as is deemed reasonable by Motorola; (i) not access and/or use the Motorola Services via mechanical,programmatic, robotic,scripted or other automated search means, other than through batch or machine-to-machine applications approved by Motorola; U) take all steps to protect their networks and computer environments, or those used to access the Motorola Services, from compromise; (k) on at least a quarterly basis, review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein; and (1) maintain policies and procedures to prevent unauthorized use of User IDs and the Motorola Services. Customer will immediately notify Motorola, by written notification to the Motorola and by phone(1-XXX-XXX-XXXX), if Customer suspects, has reason to believe or confirms that a User ID or the Motorola Services (or data derived directly or indirectly therefrom)is or has been lost,stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose contrary to the terms and conditions herein. 3.2 Security Events. To the extent permitted under applicable law, Customer shall remain solely liable for all costs associated therewith and shall further reimburse Motorola for any expenses it incurs due to Customer's failure to prevent such impermissible use or access of User IDs and/or the Motorola Services,or any actions required as a result thereof. Furthermore, in the event that the Motorola Services provided to the Customer include personally identifiable information (including, but not limited to, social security numbers, driver's license numbers or dates of birth), the following shall apply: Customer acknowledges that, upon unauthorized acquisition or access of or to such personally identifiable information, including but not limited to that which is due to use by an unauthorized person or due to unauthorized use (a "Security Event"), Customer shall, in compliance with law, notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required in Motorola's reasonable discretion. Customer agrees that such notification shall not reference Motorola or the product through which the data was provided, nor shall Motorola be otherwise identified or referenced in connection with the Security Event, without Motorola's express written consent. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith. To the extent permitted under applicable law, Customer shall remain solely liable for claims that may arise from a Security Event, including, but not limited to, costs for litigation (including attorneys'fees), and reimbursement sought by individuals, including but not limited to, costs for credit monitoring or allegations of loss in connection with the Security Event. Customer shall provide samples of all proposed materials to notify consumers and any third-parties, including regulatory entities, to Motorola for review and approval prior to distribution. In the event of a Security Event, Motorola may, in its sole discretion,take immediate action, including suspension or termination of Customer's account, without further obligation or liability of any kind. 4. PERFORMANCE. Motorola will use commercially reasonable efforts to deliver the Motorola Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the Motorola Services; provided, however, that the Customer accepts all information "AS IS". Customer acknowledges and agrees that Motorola obtains its data from third party sources,which may or may not be completely thorough and accurate, and that Customer shall not rely on Motorola for the accuracy or completeness of information supplied through the Motorola Services. Without limiting the foregoing, the criminal record data that may be provided as part of the Motorola Services may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. Customer understands that Customer may be restricted from accessing certain Motorola Services which may be otherwise available. Motorola reserves the right to add materials and features to,and to discontinue offering any of the materials and features that are currently a part of, the Motorola Services. In the event that Motorola discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, and such materials and features are part of a flat fee subscription plan to which Customer has subscribed, Motorola will, at Customer's option, issue a prorated credit to Customer's account. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-35 Page 493 of 715 Baynton Beach,FL December 9,2019 S. INTELLECTUAL PROPERTY;CONFIDENTIALITY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the Motorola Services. Customer acknowledges that Motorola (and/or its third party data providers) shall retain all right, title, and interest under applicable contractual,copyright, patent,trademark,Trade Secret and related laws in and to the Motorola Services and the information that they provide. Customer shall use such materials in a manner consistent with Motorola's interests and the terms and conditions herein, and shall promptly notify Motorola of any threatened or actual infringement of Motorola's rights. Customer and Motorola acknowledge that they each may have access to confidential information of the disclosing party ("Disclosing Party') relating to the Disclosing Party's business including, without limitation, technical, financial, strategies and related information, computer programs, algorithms, know-how, processes, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined below)and other information (whether written or oral), and in the case of Motorola's information, product information, pricing information, product development plans, forecasts, the Motorola Services, and other business information ("Confidential Information'). Confidential Information shall not include information that: (i) is or becomes (through no improper action or inaction by the Receiving Party (as defined below)) generally known to the public; (ii)was in the Receiving Party's possession or known by it prior to receipt from the Disclosing Party; (iii) was lawfully disclosed to Receiving Party by a third-party and received in good faith and without any duty of confidentiality by the Receiving Party or the third-party; or(iv) was independently developed without use of any Confidential Information of the Disclosing Party by employees of the Receiving Party who have had no access to such Confidential Information. "Trade Secret" shall be deemed to include any information which gives the Disclosing Party an advantage over competitors who do not have access to such information as well as all information that fits the definition of"trade secret"set forth under applicable law. Each receiving party("Receiving Party'l agrees not to divulge any Confidential Information or information derived therefrom to any third-party and shall protect the confidentiality of the Confidential Information with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no event less than a reasonable degree of care. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing Party to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party's obligations with respect to Confidential Information shall continue for the term of these Master Terms and for a period of five (5) years thereafter, provided however, that with respect to Trade Secrets, each party's obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret. Notwithstanding the foregoing, if Customer is bound by the Freedom of Information Act, 5 U.S.C. 552, or other federal, state, or municipal open records laws or regulations which may require disclosure of information, and disclosure thereunder is requested, Customer agrees that it shall notify Motorola in writing and provide Motorola an opportunity to object, if so permitted thereunder, prior to any disclosure. 6. DISCLAIMER OF WARRANTIES. MOTOROLA (SOLELY FOR PURPOSES OF INDEMNIFICATION, DISCLAIMER OF WARRANTIES, AND LIMITATION ON LIABILITY,MOTOROLA,ITS SUBSIDIARIES AND AFFILIATES, AND ITS DATA PROVIDERS ARE COLLECTIVELY REFERRED TO AS"MOTOROLA') DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MOTOROLA SERVICES. MOTOROLA DOES NOT WARRANT THE CORRECTNESS,COMPLETENESS, MERCHANTABILITY,OR FITNESS FOR A PARTICULAR PURPOSE OF THE MOTOROLA SERVICES OR INFORMATION PROVIDED THEREIN. Due to the nature of public record information,the public records and commercially available data sources used in the Motorola Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The Motorola Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified. 7. LIMITATION OF LIABILITY. Neither Motorola, nor its subsidiaries and affiliates, nor any third-party data provider shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the Motorola Services) for any loss or injury arising out of or caused in whole or in part CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-36 Page 494 of 715 Boynton Beach,FL December 9,2019 by use of the Motorola Services. If, notwithstanding the foregoing, liability can be imposed on Motorola, Customer agrees that Motorola's aggregate liability for any and all losses or injuries arising out of any act or omission of Motorola in connection with anything to be done or furnished under these Master Terms, regardless of the cause of the loss or injury,and regardless of the nature of the legal or equitable right claimed to have been violated,shall never exceed the amount of fees actually paid by Customer to Motorola under this Agreement during the six (6) month period preceding the event that gave rise to such loss or injury. Customer covenants and promises that it will not sue Motorola for an amount greater than such sum even if Customer and/or third-parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against Motorola. IN NO EVENT SHALL Motorola BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER. S. AUDIT.Customer understands and agrees that, in order to ensure compliance with the FCRA,GLBA,DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements of these Master Terms, Motorola's obligations under its contracts with its data providers, and Motorola's internal policies, Motorola may conduct periodic reviews and/or audits of Customer's use of the Motorola Services. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by Motorola will be subject to immediate action including, but not limited to,suspension or termination of the license to use the Motorola Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies. 9. EMPLOYEE TRAINING.Customer shall train new employees prior to allowing access to Motorola Services on Customer's obligations under these Master Terms, including, but not limited to, the licensing requirements and restrictions under Paragraph 1,the security requirements of Paragraph 3. Customer shall conduct a similar review of its obligations under these Master Terms with existing employees who have access to Motorola Services no less than annually. Customer shall keep records of such training. 10. CUSTOMER INFORMATION. Customer certifies that Customer has not been the subject of any proceeding regarding any trust-related matter including, but not limited to,fraud,counterfeiting, identity theft and the like, and that Customer has not been the subject of any civil, criminal or regulatory matter that would create an enhanced security risk to Motorola, the Motorola Services or the data, including but not limited to, any matter involving potential violations of the GLBA, the DPPA, the FCRA, the Fair Debt Collection Practices Act ("FDCPA') (15 U.S.C. § 1692-1692p) or any other similar legal or regulatory guidelines. If any such matter has occurred, Customer shall attach a signed statement, along with all relevant supporting documentation, providing all details of this matter prior to execution of this Agreement. Customer shall notify Motorola immediately of any changes to the information on Customer's Application for the Motorola Services, and, if at any time Customer no longer meets Motorola's criteria for providing service, Motorola may terminate this agreement. Customer is required to promptly notify Motorola of a change in ownership of Customer, any change in the name of Customer,and/or any change in the physical address of Customer. 11. CHANGE IN AGREEMENT. By receipt of the Motorola Services, Customer agrees to, and shall comply with, changes to the restricted license granted to Customer hereunder and as Motorola shall make from time to time by notice to Customer. Notices to Customer will be provided via written communication. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section of the Application, unless stated otherwise. Motorola may,at any time, impose restrictions and/or prohibitions on the Customer's use of some or all of the Motorola Services. Customer understands that such restrictions or changes in access may be the result of a modification in Motorola policy, a modification of third-party agreements, a modification in industry standards,a Security Event or a change in law or regulation,or the interpretation thereof. Upon written notification by Motorola of such restrictions, Customer agrees to comply with such restrictions. AUTHORIZATION AND ACCEPTANCE OF TERMS CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-37 Page 495 of 715 Boynton Beach,FL December 9,2019 I HEREBY CERTIFY that I am executing this Exhibit D-1, to Exhibit D,the Subscription Services Agreement, and as the authorized representative of Customer, I have direct knowledge of and affirm all facts and representations made above. CUSTOMER: Signature Print Name Title Dated (mm/dd/yy) CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-38 Page 496 of 715 Boynton Beach,FL December 9,2019 Exhibit E-"LexisNexis Master Terms&Conditions These LexisNexis Master Terms&Conditions(the"Master Terms')are entered into as of(the"Effective Date'l, by and between LexisNexis Risk Solutions FL Inc.("LNRSFL'),with its principal place of business located at 1000 Alderman Drive,Alpharetta,Georgia 30005 and the City of Boynton Beach ("Customer"), located at each individually referred to as the"Party"and collectively as the"Parties."These Master Terms govern the provision of the LN Services(as defined below)by LNRSFL and its respective Affiliates who provide LN Services under these Master Terms (collectively referred to as"LN'). WHEREAS,LNRSFL(or an Affiliate identified on a separate Schedule A)is the provider of certain data products,data applications and other related services(the'LN Services'); and WHEREAS,Customer is a City requesting such data and data related services and is desirous of receiving LN's capabilities; and WHEREAS,the Parties now intend for these Master Terms to be the master agreement governing the relationship between the Parties with respect to the LN Services as of the Effective Date. NOW,THEREFORE, LN and Customer agree to be mutually bound by the terms and conditions of these Master Terms,and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,do hereby agree as follows: 1. SCOPE OF SERVICES/CUSTOMER CREDENTIALING. Subject to the terms of separate addenda and pricing schedule(s) or statements of work for specific LN Services(each, a"Schedule A'% LN agrees to provide the LN Services described in such Schedule(s)A to Customer, subject to the terms and conditions herein.Any reference in a Schedule A to a services agreement shall mean these Master Terms plus the applicable addendum or addenda. References to the LN Services shall also be deemed to include the data therein as well as any Software provided by LN.These Master Terms shall encompass any and all delivery methods provided to Customer for the LN Services,including,but not limited to,online,batch,XML,assisted searching,machine- to-machine searches,and any other means which may become available.Customer acknowledges and understands that LN will only allow Customer access to the LN Services if Customer's credentials can be verified in accordance with LN's internal credentialing procedures.The foregoing shall also apply to the addition of Customer's individual locations and/or accounts. 2. RESTRICTED LICENSE.LN hereby grants to Customer a restricted license to use the LN Services,subject to the restrictions and limitations set forth below: (i) Generally. LN hereby grants to Customer a restricted license to use the LN Services solely for Customer's own internal business purposes. Customer represents and warrants that all of Customer's use of the LN Services shall be for only legitimate business purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by the Master Terms. Customer shall not use the LN Services for marketing purposes or resell or broker the LN Services to any third-party, and shall not use the LN Services for personal (non-business) purposes. Customer shall not use the LN Services to provide data processing services to third-parties or evaluate data for third-parties or, without LN's consent, to compare the LN Services against a third party's data processing services. Customer agrees that, if LN determines or reasonably suspects that continued provision of LN Services to Customer entails a potential security risk,or that Customer is in violation of any provision of these Master Terms or law, LN may take immediate action, including, without limitation,terminating the delivery of, and the license to use,the LN Services. Customer shall not access the LN Services from Internet Protocol addresses located outside of the United States and its territories without LN's prior written approval.Customer may not use the LN Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of the LN Services and information provided therein. LN may at any time mask or cease to provide Customer access to any LN Services or portions thereof which LN may deem,in LN's sole discretion,to be sensitive or restricted information. (ii)GLBA Data. Unless Customer has expressly opted out of receiving such data,some of the information contained in the LN Services may be"nonpublic personal information,"as defined in the Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws(collectively, the"GLBA'), and is regulated by the GLBA ("GLBA Data'). Customer shall not obtain and/or use GLBA Data through the LN Services in any manner that would violate the GLBA,or any similar state or local laws,regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain LN Services and will recertify CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-39 Page 497 of 715 Boynton Beach,FL December 9,2019 upon request by LN. Customer certifies with respect to GLBA Data received through the LN Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA. (iii) DPPA Data. Unless Customer has expressly opted out of receiving such data,some of the information contained in the LN Services may be"personal information,"as defined in the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.)and related state(collectively,the"DPPA'O,and is regulated by the DPPA("DPPA Data').Customer shall not obtain and/or use DPPA Data through the LN Services in any manner that would violate the DPPA.Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain LN Services and will recertify upon request by LN. (iv)Non-FCRA Use Restrictions.The LN Services described in a Schedule A(as defined in these Master Terms)as Non-FCRA are not provided by"consumer reporting agencies,"as that term is defined in the Fair Credit Reporting Act(15 U.S.C. § 1681, et seq.)("FCRA')and do not constitute"consumer reports,"as that term is defined in the FCRA(the"Non-FCRA LN Services'). Accordingly, the Non-FCRA LN Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance,employment or another purpose in connection with which a consumer report may be used under the FCRA. Further, (A)Customer certifies that it will not use any of the information it receives through the Non-FCRA LN Services to determine, in whole or in part an individual's eligibility for any of the following products,services or transactions: (1)credit or insurance to be used primarily for personal,family or household purposes; (2)employment purposes; (3)a license or other benefit granted by a government agency;or(4)any other product,service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account;(B)by way of clarification,without limiting the foregoing,Customer may use,except as otherwise prohibited or limited by the Master Terms, information received through the Non-FCRA LN Services for the following purposes: (1) to verify or authenticate an individual's identity; (2)to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4)to review the status of a legal proceeding; (5)to determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction,provided that such determination does not constitute in whole or in part,a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal,family or household purposes; (C) specifically, if Customer is using the Non-FCRA LN Services in connection with collection of a consumer debt on its own behalf,or on behalf of a third-party,Customer shall not use the Non-FCRA LN Services: (1)to revoke consumer credit;(2)to accelerate,set or change repayment terms;or(3)for the purpose of determining a consumer's eligibility for any repayment plan;provided, however,that Customer may,consistent with the certification and limitations set forth in this Section 1, use the Non-FCRA LN Services for identifying, locating,or contacting a consumer in connection with the collection of a consumer's debt or for prioritizing collection activities; and (D) Customer shall not use any of the information it receives through the Non-FCRA LN Services to take any"adverse action,"as that term is defined in the FCRA. (v)FCRA Services.If a Customer desires to use a product described in a Schedule A as an FCRA product,Customer will execute an FCRA Addendum to the Master Terms.The FCRA product will be delivered by an affiliate of LNRSFL,LexisNexis Risk Solutions Inc., in accordance with the terms and conditions of the Master Terms. (vi) Social Security and Driver's License Numbers. LN may in its sole discretion permit Customer to access full social security numbers (nine (9) digits) and driver's license numbers (collectively, "QA Data'). If Customer is authorized by LN to receive QA Data,and Customer obtains QA Data through the LN Services,Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by LN policies,the terms and conditions herein,and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth in Paragraph 3 below, Customer agrees that it will not permit QA Data obtained through the LN Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use.Customer agrees it will certify, in writing,its uses for QA Data and recertify upon request by LN.Customer may not, to the extent permitted by the terms of these Master Terms, transfer QA Data via email or ftp without LN's prior written consent.However,Customer shall be permitted to transfer such information so long as: 1)a secured method(for example,sftp) is used, 2)transfer is not to any third-party,and 3)such transfer is limited to such use as permitted under these Master Terms. LN may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer. (vii)Copyrighted and Trademarked Materials.Customer shall not remove or obscure any trademarks,copyright notices or other notices contained on materials accessed through the LN Services. (viii)Additional Terms.To the extent that the LN Services accessed by Customer include information or data described in the Risk Supplemental Terms contained at: www.lexisnexis.com/terms/risksupp, Customer agrees to comply with the Risk Supplemental Terms set forth therein. Additionally, certain other information contained within the LN Services is subject to additional obligations and restrictions. These services include, without limitation, news, business information, and federal legislative and regulatory materials. To the extent that Customer receives such materials through the LN Services, Customer agrees to comply with the Terms and Conditions contained at: http://www.lexisnexis.com/terms/general.aspx (the "L&P Terms'.The Risk Supplemental Terms and the L&P Terms are hereby incorporated into these Master Terms by reference. In Commandcentral Aware 19-99575!FLP19P140A Motorola Solutions Terms and Conditions 7-40 Page 498 of 715 Boynton Beach,FL December 9,2019 the event of a direct conflict between these Master Terms, the Risk Supplemental Terms, and the L&P Terms, the order of precedence shall be as follows: these Master Terms,the Risk Supplemental Terms and then the L&P Terms. (ix) MVR Data. If Customer is permitted to access Motor Vehicle Records("MVR Data')from LN,without in any way limiting Customer's obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change: (a) Customer shall not use any MVR Data provided by LN, or portions of information contained therein,to create or update a file that Customer uses to develop its own source of driving history information. (b) As requested by LN, Customer shall complete any state forms that LN is legally or contractually bound to obtain from Customer before providing Customer with MVR Data. (c)Upon advanced written notice to Customer,LN(and certain Third-Party vendors)may conduct reasonable and periodic audits of Customer's use of MVR Data. In response to any such audit,Customer must be able to substantiate the reason for each MVR Data order. (x) HIPAA. Customer represents and warrants that Customer will not provide LN with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103)or with Electronic Health Records or Patient Health Records(as those terms are defined in 42 U.S.C. Sec. 17921(5),and 42 U.S.C. Sec. 17921(11), respectively)or with information from such records without the execution of a separate agreement between the parties. (xi) Economic Sanctions Laws. Customer acknowledges that LN is subject to economic sanctions laws, including but not limited to those enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC'�, the European Union,and the United Kingdom.Accordingly,Customer shall comply with all economic sanctions laws of the United States,the European Union, and the United Kingdom. Customer shall not provide access to LN Services to any individuals identified on OFAC's list of Specially Designated Nationals ("SDN List', the UK's HM Treasury's Consolidated List of Sanctions Targets, or the EU's Consolidated List of Persons,Groups,and Entities Subject to EU Financial Sanctions.Customer shall not take any action which would place LN in a position of non-compliance with any such economic sanctions laws. (xii)Retention of Records. For uses of GLBA Data, DPPA Data and MVR Data,as described in Sections 2(ii),2(iii)and 2(vii), Customer shall maintain for a period of five (5) years a complete and accurate record (including consumer identity, purpose and, if applicable,consumer authorization)pertaining to every access to such data. (xiii)Software.To the extent that Customer is using software provided by LN("Software',whether hosted by LN or installed on Customer's equipment, such Software shall be deemed provided under a limited, revocable license, for the sole purpose of using the LN Services. In addition, the following terms apply: Customer shall not (a) use the Software to store or transmit infringing,libelous,or otherwise unlawful or tortuous material,or to store or transmit material in violation of third-party privacy rights,(b) use the Software to store or transmit spyware,adware,other malicious programs or code, programs that infringe the rights of others, or programs that place undue burdens on the operation of the Software, or(c) interfere with or disrupt the integrity or performance of the Software or data contained therein. The use of the Software will be subject to any other restrictions(such as number of users,features,or duration of use)agreed to by the parties or as set forth in a Schedule A. 3. SECURITY. Customer acknowledges that the information available through the LN Services may include personally identifiable information and it is Customer's obligation to keep all such accessed information confidential and secure.Accordingly, Customer shall (a) restrict access to LN Services to those employees who have a need to know as part of their official duties; (b)ensure that none of its employees shall (i)obtain and/or use any information from the LN Services for personal reasons,or (ii) transfer any information received through the LN Services to any party except as permitted hereunder; (c) keep all user identification numbers, and related passwords, or other security measures (collectively, "User IDs')confidential and prohibit the sharing of User IDs; (d) immediately deactivate the User ID of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations under Paragraph 2, take all commercially reasonable measures to prevent unauthorized access to, or use of, the LN Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through LN Services as it is being disposed;(g) purge all information received through the LN Services within ninety (90) days of initial receipt; provided that Customer may extend such period if and solely to the extent such information is retained thereafter in archival form to provide documentary support required for Customer's legal or regulatory compliance efforts; (h) be capable of receiving the LN Services where the same are provided utilizing"secure socket layer,"or such other means of secure transmission as is deemed reasonable by LN; (i) not access and/or use the LN Services via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine-to-machine applications approved by LN; (j)take all steps to protect their networks and computer environments, or those used to access the LN Services, from compromise; (k) on at least a quarterly basis, review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terns and Conditions 7-41 Page 499 of 715 Boynton Beach,FL December 9,2019 compliance with all terms and conditions herein; and (1) maintain policies and procedures to prevent unauthorized use of User IDs and the LN Services.Customer will immediately notify LN, by written notification to the LN Information Assurance and Data Protection Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005 and by email (security.investigations@lexisnexis.com) and by phone (1-888-872-5375), if Customer suspects, has reason to believe or confirms that a User ID or the LN Services (or data derived directly or indirectly therefrom) is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose contrary to the terms and conditions herein. Customer shall remain solely liable for all costs associated therewith and shall further reimburse LN for any expenses it incurs due to Customer's failure to prevent such impermissible use or access of User IDs and/or the LN Services, or any actions required as a result thereof. Furthermore, in the event that the LN Services provided to the Customer include personally identifiable information (including, but not limited to, social security numbers, driver's license numbers or dates of birth),the following shall apply:Customer acknowledges that,upon unauthorized acquisition or access of or to such personally identifiable information,including but not limited to that which is due to use by an unauthorized person or due to unauthorized use(a "Security Event"), Customer shall, in compliance with law, notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies)as may be required in LN's reasonable discretion. Customer agrees that such notification shall not reference LN or the product through which the data was provided, nor shall LN be otherwise identified or referenced in connection with the Security Event, without LN's express written consent. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith.Customer shall remain solely liable for claims that may arise from a Security Event,including,but not limited to,costs for litigation (including attorneys'fees), and reimbursement sought by individuals, including but not limited to,costs for credit monitoring or allegations of loss in connection with the Security Event, and to the extent that any claims are brought against LN, shall indemnify LN from such claims.Customer shall provide samples of all proposed materials to notify consumers and any third-parties, including regulatory entities,to LN for review and approval prior to distribution. In the event of a Security Event, LN may,in its sole discretion,take immediate action,including suspension or termination of Customer's account,without further obligation or liability of any kind. 4. PERFORMANCE. LN will use commercially reasonable efforts to deliver the LN Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the LN Services; provided, however,that the Customer accepts all information"AS IS". Customer acknowledges and agrees that LN obtains its data from third party sources,which may or may not be completely thorough and accurate,and that Customer shall not rely on LN for the accuracy or completeness of information supplied through the LN Services. Without limiting the foregoing,the criminal record data that may be provided as part of the LN Services may include records that have been expunged,sealed,or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. Customer understands that Customer may be restricted from accessing certain LN Services which may be otherwise available. LN reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the LN Services. In the event that LN discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, and such materials and features are part of a flat fee subscription plan to which Customer has subscribed, LN will,at Customer's option,issue a prorated credit to Customer's account. 5. PRICING SCHEDULES. Upon acceptance by the LN Affiliate(s) set forth on an applicable Schedule A, such LN Affiliate(s) shall provide the LN Services requested by Customer and set forth in one (1) or more Schedules A attached hereto or subsequently incorporated by reference,for the fees listed on such schedules.The fees listed on a Schedule A may be updated from time-to-time by notice to Customer.All current and future pricing documents and Schedule(s)A are deemed incorporated herein by reference. 6. INTELLECTUAL PROPERTY; CONFIDENTIALITY. Customer agrees that Customer shall not reproduce, retransmit, republish,or otherwise transfer for any commercial purposes the LN Services. Customer acknowledges that LN(and/or its third party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark,Trade Secret and related laws in and to the LN Services and the information that they provide. Customer shall use such materials in a manner consistent with LN's interests and the terms and conditions herein, and shall promptly notify LN of any threatened or actual infringement of LN's rights. Notwithstanding anything in these Master Terms to the contrary, LN shall own Customer's search inquiry data used to access the LN Services (in the past or future) and may use such data for any purpose consistent with applicable federal, state and local laws, rules and regulations. Customer and LN acknowledge that they each may have access to confidential information of the disclosing party ("Disclosing Party'l relating to the Disclosing Party's business including,without limitation,technical,financial,strategies and related information,computer programs,algorithms,know-how, processes, ideas, inventions (whether patentable or not), schematics,Trade Secrets(as defined below)and other information (whether written or oral), and in the case of LN's information, product information, pricing information, product development CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-42 Page 500 of 715 Boynton Beach,FL December 9,2019 plans,forecasts,the LN Services,and other business information("Confidential Information'o.Confidential Information shall not include information that:(i)is or becomes(through no improper action or inaction by the Receiving Party(as defined below)) generally known to the public; (ii) was in the Receiving Party's possession or known by it prior to receipt from the Disclosing Party; (iii) was lawfully disclosed to Receiving Party by a third-party and received in good faith and without any duty of confidentiality by the Receiving Party or the third-party; or(iv)was independently developed without use of any Confidential Information of the Disclosing Party by employees of the Receiving Party who have had no access to such Confidential Information. "Trade Secret"shall be deemed to include any information which gives the Disclosing Party an advantage over competitors who do not have access to such information as well as all information that fits the definition of"trade secret"set forth under applicable law. Each receiving party ("Receiving Party'l agrees not to divulge any Confidential Information or information derived therefrom to any third-party and shall protect the confidentiality of the Confidential Information with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no event less than a reasonable degree of care.Notwithstanding the foregoing,the Receiving Party may disclose Confidential Information solely to the extent required by subpoena,court order or other governmental authority, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing Party to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense.Confidential Information disclosed pursuant to subpoena,court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party's obligations with respect to Confidential Information shall continue for the term of these Master Terms and for a period of five(5)years thereafter, provided however, that with respect to Trade Secrets,each party's obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret. 7. PAYMENT OF FEES.Customer shall pay LN the fees described on the applicable Schedule A. Customer shall be responsible for payment of the applicable fees for all services ordered by Customer or otherwise obtained through Customer's User IDs, whether or not such User ID is used by Customer or a third-party, provided access to the User ID is not the result of use by a person formerly or presently employed by LN (and not employed by Customer at the time of the use)or who obtains the User ID by or through a break-in or unauthorized access of LN's offices, premises, records, or documents. Customer agrees that it may be electronically invoiced for those fees. Payments must be received by LN within twenty (20) days of the invoice date. Any balance not timely paid will accrue interest at the rate of eighteen percent(18%) per annum. LN will assess a returned check fee of Twenty-Five Dollars ($25) or the maximum amount allowed under applicable law, whichever is greater, for any check draft payments to LN which are returned unpaid for reason of insufficient funds. If Customer's account is placed for collection with a third-party, Customer agrees to pay a collections fee in the amount of the greater of Twenty-Five Dollars ($25.00)or twenty five percent(25%)of the amount placed for collection to compensate LN for the administrative expenses of managing collection through a third party. Customer agrees to promptly notify LN of any changes to its billing contact information. 8. TERM OF AGREEMENT.These Master Terms are for services rendered and shall be in full force and effect during such periods of time during which LN is providing services for Customer(the"Term'D; provided, however, that any term provided on a Schedule A(the"Schedule A Term's shall apply to the LN Services provided under such Schedule A until the expiration of that Schedule A Term. Upon expiration of any Schedule A Term, these Master Terms shall continue in effect for so long as LN is providing services for Customer. 9.TERMINATION.Either party may terminate these Master Terms at any time for any reason,except that Customer shall not have the right to terminate these Master Terms to the extent a Schedule A provides for a Schedule A Term or otherwise sets forth Customer's minimum financial commitment. 10. GOVERNING LAW.These Master Terms shall be governed by and construed in accordance with the laws of the State of Florida, irrespective of conflicts of law principles.Additionally, any action brought by either party to this Agreement related in any manner to the subject matter of this Agreement or the relationship between the parties shall be brought in the courts with jurisdiction for Florida. 11. ASSIGNMENT. Neither these Master Terms nor the license granted herein may be assigned by Customer, in whole or in part, without the prior written consent of LN. The dissolution, merger, consolidation, reorganization, sale or other transfer of assets, properties,or controlling interest of twenty percent(20%)or more of Customer shall be deemed an assignment for the purposes of these Master Terms.Any assignment without the prior written consent of LN shall be void. 12. DISCLAIMER OF WARRANTIES. LN (SOLELY FOR PURPOSES OF INDEMNIFICATION, DISCLAIMER OF WARRANTIES, AND LIMITATION ON LIABILITY, LN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS DATA PROVIDERS ARE COLLECTIVELY REFERRED TO AS"LN'o DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-43 Page 501 of 715 Boynton Beach,FL December 9,2019 TO THE LN SERVICES. LN DOES NOT WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY,OR FITNESS FOR A PARTICULAR PURPOSE OF THE LN SERVICES OR INFORMATION PROVIDED THEREIN. Due to the nature of public record information,the public records and commercially available data sources used in the LN Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The LN Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data,it should be independently verified. 13. LIMITATION OF LIABILITY.Neither LN,nor its subsidiaries and affiliates,nor any third-party data provider shall be liable to Customer(or to any person claiming through Customer to whom Customer may have provided data from the LN Services) for any loss or injury arising out of or caused in whole or in part by use of the LN Services. If, notwithstanding the foregoing, liability can be imposed on LN,Customer agrees that LN's aggregate liability for any and all losses or injuries arising out of any act or omission of LN in connection with anything to be done or furnished under these Master Terms,regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount of fees actually paid by Customer to LN under this Agreement during the six (6) month period preceding the event that gave rise to such loss or injury.Customer covenants and promises that it will not sue LN for an amount greater than such sum even if Customer and/or third-parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against LN.IN NO EVENT SHALL LN BE LIABLE FOR ANY INDIRECT, PUNITIVE,INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING,INCURRED BY CUSTOMER. 14.INDEMNIFICATION.Customer hereby agrees to protect, indemnify,defend,and hold harmless LN from and against any and all costs,claims, demands,damages, losses,and liabilities(including attorneys'fees and costs)arising from or in any way related to any third-party claim based upon (a) use of information received by Customer (or any third-party receiving such information from or through Customer) furnished by or through LN; (b) breach of any terms, conditions, representations or certifications in these Master Terms; and (c) any Security Event. LN hereby agrees to protect, indemnify, defend, and hold harmless Customer from and against any and all costs, claims, demands, damages, losses, and liabilities(including attorneys' fees and costs) arising from or in connection with any third-party claim that the LN Services, when used in accordance with these Master Terms,infringe a United States patent or United States registered copyright,subject to the following: (i)Customer must promptly give written notice of any claim to LN; (ii) Customer must provide any assistance which LN may reasonably request for the defense of the claim (with reasonable out of pocket expenses paid by LN); and(iii) LN has the right to control the defense or settlement of the claim; provided, however, that the Customer shall have the right to participate in, but not control,any litigation for which indemnification is sought with counsel of its own choosing,at its own expense. Notwithstanding the foregoing, LN will not have any duty to indemnify, defend or hold harmless Customer with respect to any claim of infringement resulting from (1) Customer's misuse of the LN Services; (2) Customer's failure to use any corrections made available by LN;(3)Customer's use of the LN Services in combination with any product or information not provided or authorized in writing by LN; or (4) any information, direction, specification or materials provided by Customer or any third-party. If an injunction or order is issued restricting the use or distribution of any part of the LN Services, or if LN determines that any part of the LN Services is likely to become the subject of a claim of infringement or violation of any proprietary right of any third- parlyr LN may in its sole discretion and at its option (A) procure for Customer the right to continue using the LN Services; (B) replace or modify the LN Services so that they become non-infringing, provided such modification or replacement does not materially alter or affect the use or operation of the LN Services; or(C) terminate these Master Terms and refund any fees relating to the future use of the LN Services.The foregoing remedies constitute Customer's sole and exclusive remedies and LN's entire liability with respect to infringement claims or actions. 15. SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims; indemnification; use and protection of LN Services;payment for the LN Services;audit;LN's use and ownership of Customer's search inquiry data;disclaimer of warranties and other disclaimers; security; customer data and governing law shall survive any termination of the license to use the LN Services. 16. AUDIT. Customer understands and agrees that, in order to ensure compliance with the FCRA, GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements of these Master Terms, LN's obligations under its contracts with its data providers,and LN's internal policies,LN may conduct periodic reviews and/or audits of Customer's use of the LN Services. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by LN will be subject to immediate action including, but not limited to, suspension or termination of the license to use the LN Services, reactivation fees, legal action,and/or referral to federal or state regulatory agencies. 17. EMPLOYEE TRAINING. Customer shall train new employees prior to allowing access to LN Services on Customer's obligations under these Master Terms,including,but not limited to,the licensing requirements and restrictions under Paragraph CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-44 Page 502 of 715 Boynton Beach,FL December 9,2019 2, the security requirements of Paragraph 3 and the privacy requirements in Paragraph 23. Customer shall conduct a similar review of its obligations under these Master Terms with existing employees who have access to LN Services no less than annually. Customer shall keep records of such training. 18. ATTORNEYS'FEES. The prevailing party in any action, claim or lawsuit brought related to the subject matter of these Master Terms is entitled to payment of all attorneys'fees and costs expended by such prevailing party in association with such action,claim or lawsuit. 19.TAXES.The charges for all LN Services are exclusive of any state, local,or otherwise applicable sales, use,or similar taxes. If any such taxes are applicable,they shall be charged to Customer's account. 20.CUSTOMER INFORMATION.Customer certifies that Customer has not been the subject of any proceeding regarding any trust-related matter including, but not limited to, fraud, counterfeiting, identity theft and the like, and that Customer has not been the subject of any civil,criminal or regulatory matter that would create an enhanced security risk to LN, the LN Services or the data, including but not limited to, any matter involving potential violations of the GLBA, the DPPA, the FCRA, the Fair Debt Collection Practices Act ("FDCPA') (15 U.S.C. § 1692-1692p) or any other similar legal or regulatory guidelines. If any such matter has occurred,Customer shall attach a signed statement,along with all relevant supporting documentation,providing all details of this matter prior to execution of this Agreement. Customer shall notify LN immediately of any changes to the information on Customer's Application for the LN Services, and, if at any time Customer no longer meets LN's criteria for providing service, LN may terminate this agreement. Customer is required to promptly notify LN of a change in ownership of Customer,any change in the name of Customer,and/or any change in the physical address of Customer. 21. RELATIONSHIP OF PARTIES. None of the parties shall, at any time, represent that it is the authorized agent or representative of the other. 22. CHANGE IN AGREEMENT. By receipt of the LN Services, Customer agrees to, and shall comply with, changes to the restricted license granted to Customer hereunder and as LN shall make from time to time by notice to Customer. Notices to Customer will be provided via written communication. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section of the Application, unless stated otherwise. LN may, at any time, impose restrictions and/or prohibitions on the Customer's use of some or all of the LN Services. Customer understands that such restrictions or changes in access may be the result of a modification in LN policy, a modification of third-party agreements, a modification in industry standards,a Security Event or a change in law or regulation,or the interpretation thereof. Upon written notification by LN of such restrictions,Customer agrees to comply with such restrictions. 23. PRIVACY PRINCIPLES.With respect to personally identifiable information regarding consumers,the parties further agree as follows:LN has adopted the"LN Data Privacy Principles"("Principles"),which may be modified from time to time,recognizing the importance of appropriate privacy protections for consumer data,and Customer agrees that Customer(including its directors, officers, employees or agents) will comply with the Principles or Customer's own comparable privacy principles, policies, or practices.The Principles are available at http://www.lexisnexis.com/privacy/data-privacy-principles.aspx. 24. PUBLICITY. Customer will not name LN or refer to its use of the LN Services in any press releases, advertisements, promotional or marketing materials,or make any other third-party disclosures regarding LN or Customer's use of the LN Services. 25. FORCE MA3EURE. The parties will not incur any liability to each other or to any other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Master Terms(except for payment obligations) to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control, and without the negligence of, the parties. Such events, occurrences, or causes include, without limitation, acts of God, telecommunications outages, Internet outages, power outages, any irregularity in the announcing or posting of updated data files by the applicable agency,strikes, lockouts,riots,acts of war,floods,earthquakes,fires,and explosions. 26. LN AFFILIATES.Customer understands that LN Services furnished under these Master Terms may be provided by LNRSFL and/or by one of its Affiliates, as further detailed in a separate Schedule A and addendum to these Master Terms.The specific LN entity furnishing the LN Services to Customer will be the sole LN entity satisfying all representations,warranties,covenants and obligations hereunder, as they pertain to the provision of such LN Services. Therefore, Customer hereby expressly acknowledges and agrees that it will seek fulfillment of any and all LN obligations only from the applicable LN entity and the other LN entities shall not be a guarantor of said LN entity's performance obligations hereunder. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-45 Page 503 of 715 Boynton Beach,FL December 9,2019 27.CUSTOMER SUBSIDIARIES. LN may provide the LN Services to Customer's wholly owned subsidiaries("Subsidiaries'), in LN's sole discretion, subject to the Subsidiaries' completion of LN's credentialing process and any applicable paperwork. Customer assumes full responsibility for such Subsidiaries. 28.MISCELLANEOUS. If any provision of these Master Terms or any exhibit shall be held by a court of competent jurisdiction to be contrary to law, invalid or otherwise unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law,and in any event the remaining provisions of these Master Terms shall remain in full force and effect.The failure or delay by LN in exercising any right, power or remedy under this Agreement shall not operate as a waiver of any such right, power or remedy. The headings in these Master Terms are inserted for reference and convenience only and shall not enter into the interpretation hereof. 29. ENTIRE AGREEMENT. Except as otherwise provided herein, these Master Terms constitute the final written agreement and understanding of the parties with respect to terms and conditions applicable to all LN Services. These Master Terms shall supersede all other representations, agreements, and understandings, whether oral or written, which relate to the use of the LN Services and all matters within the scope of these Master Terms. Without limiting the foregoing,the provisions related to confidentiality and exchange of information contained in these Master Terms shall, with respect to the LN Services and all matters within the scope of these Master Terms, supersede any separate non-disclosure agreement that is or may in the future be entered into by the parties hereto. Any additional, supplementary, or conflicting terms supplied by the Customer, including those contained in purchase orders or confirmations issued by the Customer, are specifically and expressly rejected by LN unless LN expressly agrees to them in a signed writing. The terms contained herein shall control and govern in the event of a conflict between these terms and any new, other, or different terms in any other writing. These Master Terms can be executed in counterparts, and faxed or electronic signatures will be deemed originals. AUTHORIZATION AND ACCEPTANCE OF TERMS I HEREBY CERTIFY that I am executing these Master Terms as the authorized representative of Customer and that I have direct knowledge of and affirm all facts and representations made above. CUSTOMER: Signature Print Name Title Dated (mm/dd/yy) CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terns and Conditions 7-46 Page 504 of 715 Boynton Beach,FL December 9,2019 Exhibit F LexisNexis Risk Solutions Government Application The information submitted on this Application will be used to determine the applicant's eligibility for accessing the services and products of LexisNexis Risk Solutions FL Inc.and its affiliates(hereinafter"LN'J.To avoid delay,please provide all information requested. By submitting this Application, the applicant hereby authorizes LN to independently verify the information submitted and perform research about the individuals identified. Acceptance of this Application does not automatically create a business relationship between LN and the applicant. LN reserves the right to reject this Application with or without cause and to request additional information. Applicant acknowledges and understands that LN will only allow applicant access to the LN Services if applicant's credentials can be verified in accordance with LN's internal credentialing procedures. - . . . . . Fulllegal name of agency: Main phone number for address*: *If this is a cell, additional documents may be required If this application is for an additional account, Parent Fax number: account number: Physical Address where LN services will be Previous address if at the current address less than 6 months: accessed— P.O. Box/Mail Drops cannot be accepted (street, city, state, zip): Website address: External Agency IP Address(https://www.whatismyIP.com): External Agency IP Range—From: External Agency IP Range—To: Agency information: ❑ Federal Government ❑ Federal Law Enforcement ❑ Local/Municipal Government ❑ State Government ❑ State Law Enforcement ❑ Local/Municipal Law Enforcement_ ❑ Other(please explain): Section 11—Administrator and Main Contact Information ® ease provide additional Product Administrator or Main Contact(first&last Title: name): E-Mail Address: Admin IP Address: Reclulred for local and municipal agencies: Administrator Home Address(street, city, state, zip): Administrator Date of Birth: Billing contact(first&last name): check here if same as Title: Administrator O Billing Address(street, city, state, zip): Telephone: �_. E-Mail Address: Sales Tax—Exempt:Exempt: CommandCentral Aware 19-995751 FLP19P140A Motorola Solutions Tenns and Conditions 7-47 Page 505 of 715 Boynton Beach,FL December 9,2019 ❑ No ❑ Yes—please provide proof of exemption Do you require a PO number on invoice: ❑ No ❑ Yes If Yes, provide PO Number: lie hired for Po .I and municipal agencies: Company Name: _ Contact: Business Address(street, city, state, zip): Contact Phone Number: E-mail Address: Account Number(if applicable): Site visits may be required to assure Applicant eligibility for LN products or—services. By submitting this Application, Applicant agrees to authorize a site visit by LN or its approved third-party, and agrees to cooperate in its completion. If the contact for coordinating the site visit is not identified above as the Administrator, please provide the site visit contact's information below: Contact Name: Contact Phone: Contact Email Address: I HEREBY CERTIFY that I am authorized to execute this Application on behalf of the Agency listed above and that I have direct knowledge of the facts stated above. Applicant Signature: Date Signed: Applicant Name: Title: CommandCentral Aware 19-99575/FLP19P140A IQ Motorola Solutions Terms and Conditions 7-48 Page 506 of 715 Boynton Beach,FL December 9,2019 Exhibit G - NON-FCRA PERMISSIBLE USE CERTIFICATION—GOVERNMENT Customer(Agency) Name: DBA: Address: City,State, zip: Contact Phone: Name: REOUIRED Please describe our purpose of use: Definitions. Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.)and related state laws(collectively,the "GLBA' Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.)and related state laws(collectively,the"DPPA'� Law f rc t cis Only: Review and, if appropriate,certify to the following: Customer represents and warrants that it will use the LN Services solely for law enforcement purposes,which comply with applicable privacy laws including, but not limited to the GLBA and the DPPA. To certify, check here: ❑ Proceed to SECTION 3. QUALIFIED ACCESS SECTION 1. GLBA EXCEPTION/PERMISSIBLETAPPLICA—BLE TO LAW ENFORCEMENT Some LN Services use and/or display nonpublic personal information that is governed by the privacy provisions of the GLBA. Customer certifies it has the permissible purposes under the GLBA to use and/or obtain such information, as marked below, and Customer further certifies it will use such information obtained from LN Services only for such purpose(s)selected below or, if applicable,for the purpose(s)indicated by Customer electronically while using the LN Services,which purpose(s) will apply to searches performed during such electronic session: ❑ No applicable GLBA exception/permissible use. Proceed to SECTION 2. DPPA PERMISSIBLE USES (At least one(1) must be checked to be permitted access to GLBA data) ❑ As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer. ❑ As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer by " verifying the identification information contained in a lications. ❑ To protect against or prevent actual or potential fraud unauthorized transactions,claims or other liability. ❑ In required institutional risk control programs. ❑ In resolving consumer disputes or inquiries. ❑ Use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer. ❑ Use by persons acting in a fiduciary or representative capacity on behalf of the consumer. ❑ In complying with federal, state, or local laws, rules, and other applicable legal requirements. ❑ To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including a Federal functional regulator, the Secretary of Treasury, a State insurance authority, or the Federal Trade Commission), self- regulatory organizations, or for an investigation on a matter related to public safety. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-49 Page 507 of 715 Boynton Beach,FL December 9,2019 SECTION 2. DPPA PERMISSIBLE USES- NOT APPLICABLE Some LN Services use and/or display personal information, the use of which is governed by the DPPA. Customer certifies it has a permissible use under the DPPA to use and/or obtain such information and Customer further certifies it will use such information obtained from LN Services only for one (1) or more of the purposes selected below or for the purpose(s) indicated by Customer electronically while using the LN Services,which purpose(s)will apply to searches performed during such electronic session: ❑ No permissible use. Proceed to SECTION 3. QUALIFIED ACCESS (At least one(1) must be checked to be permitted access to DPPA data) ❑ For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation,and the execution or enforcement of judgments and orders,or pursuant to an order of a federal state or local court. ❑ For use in the normal course of business by a legitimate business or its agents,employees,or contractors, but only— (A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recoverin on a debt or securi interest a ainst the individual ❑ Use by a government agency, but only in carrying out its functions. ❑ Use by any person acting on behalf of a government agency, but only in carrying out the agency's functions. ❑ Use by an insurer(or its agent)in connection with claims investigation activities or antifraud activities. ❑ In connection with motor vehicle safety or theft, or driver safety (except by or for a motor vehicle manufacturer). ❑ Use by an employer or its agents or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under Cha ter 313 of Title 49 of the United States Code. ❑ For use in providing notice to the owners of towed or impounded vehicles. ❑ For use in connection with the operation of private toll transportation facilities. With regard to the information that is subject to the DPPA, some state laws' permissible uses may vary from the permissible uses identified above. In such cases, some state information may not be available under each permissible use listed above and/or Customer may be asked to certify to a permissible use permitted by applicable state law to obtain information from a specific state. Customer agrees and certifies it will use the information described above only in accordance with the permissible uses selected above or those selected subsequently in connection with a specific information request. SECTION 3. QUALIFIED ACCESS Certain users ("Authorized Users' may be able to obtain full social security numbers (nine (9) digits) and driver's license numbers(collectively,"QA Data',when appropriate,through some LN Services. Only those users that are within the Authorized User List below, and that use QA Data for an Authorized Use identified below, may qualify. To potentially qualify as an Authorized User, Customer must certify that its business is within the Authorized User List below and its use of QA Data is within the Authorized Use List below. ❑ Customer is NOT requesting access to QA Data. Proceed to SECTION 4. DEATH MASTER FILE CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-50 Page 508 of 715 Boynton Beach,FL December 9,2019 ❑ Customer is requesting access to QA Data. Complete the sections below. What department will be using QA Data? SOCIAL_SECURITY NUMBERS ❑ Not an authorized user. Proceed to DRIVER'S LICENSE NUMBERS ❑ Federal,state or local government agency with law enforcement responsibilities. ❑ Special investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detectin investi atin or reventin fraud. ❑ Financial institution for the purposes of (a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collecting debt on their own behalf, and (d) such other uses as shall be appropriate and lawful. ❑ Collection department of a creditor. ❑ Collection company acting on behalf of a creditor or on its own behalf. ❑ Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe your business: 1. AUTHORIZED USER(At least one (1) rust be checked to receive Social Security Numbers) . AUTHORIZED USE (At least one(1) must be checked to receive Social Security Numbers) ❑ Location of suspects or criminals. ❑ Location of non-custodial parents allegedly owing child support and ex-spouses allegedly owing spousal sup ort. ❑ Location of individuals alleged to have failed to pay taxes or other lawful debts. ❑ Identity verification. ❑ Other uses similar to those described above. Describe your use: By selecting above,the Customer certifies that it is an Authorized User,and that it will use Social Security Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s). CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-51 Page 509 of 715 Boynton Beach,FL December 9,2019 DRIVER'S LICENSE NUMBERS ❑ Not an authorized user. Proceed to SECTION 4. DEATH MASTER FILE II. AUTHORIZED USER(At feast one(I) must be checked to receive Driver's License Numbers) ❑ Federal state or local government aen with law enforcement responsibilities. ❑ Special investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detecting, investi atin- or reventin fraud. ❑ Financial institution for the purposes of(a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collecting debt on their own behalf, and (d) such other uses as shall be appropriate and lawful. ❑ Collection department of a creditor. ❑ Collection company acting on behalf of a creditor or on its own behalf. ❑ Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe our business: . AUTHORIZED USE Ali Yeast one I must be checked to receive Driver's License Numbers) ❑ Location of suspects or criminals. ❑ Location of non-custodial parents allegedly owing child support and ex-spouses allegedly owing spousal su000rt. ❑ Location of individuals alleged to have failed to pay taxes or other lawful debts. l w.. ❑ Identity verification. �................ ❑ Other uses similar to those described above. Describe your use: By selecting above, the Customer certifies that it is an Authorized User, and that it will use Driver's License Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s). SECTION 4. DEATH MASTER FILE For access to Limited Access DMF Data only. ❑ No permissible purpose. Proceed to AUTHORIZATION AND ACCEPTANCE OF TERMS I. Definitions. For purposes of this Certification, these terms are defined as follows: a. DMF Agreement: The Limited Access Death Master File Non-federal Licensee Agreement for Use and Resale executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government(NTIS, as below defined). The DMF Agreement form is found at w.lexisnexis.com/risk/DMFDocuments, b. Certification Form: The Limited Access Death Master File Subscriber Certification Form executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government(NTIS,as below defined). The Certification Form is found at www.lexisnexis.com/-risl DMFDocuments. c. DMF: The federal Death Master File. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-52 Page 510 of 715 Boynton Beach,FL December 9,2019 d. NTIS: National Technical Information Service, U.S. Department of Commerce e. Open Access DMF: The DMF product made available through LN, which obtains the data from NTIS, and which does not include DMF with respect to any deceased individual at any time during the three- calendar-year period beginning on the date of the individual's death. Open Access DMF data should not be accessed pursuant to this Certification but should be accessed pursuant to a customer contract for such DMF data that is not Limited Access DMF. f. Limited Access DMF: Limited Access DMF includes DMF data with respect to any deceased individual at any time during the three-calendar-year period beginning on the date of the individual's death. Limited Access DMF is made available through LN as a Certified Person, by NTIS. This Certification governs Customer's access to Limited Access DMF from LN (or the applicable LN affiliate),whether full or partial Limited Access DMF records or indicators of deceased status, and via any format, including online,XML feed, or in-house file processing through LN. II. Certification. Customer's access to the Limited Access DMF requires certification of purpose,as required by 15 CFR Part 1110 and section 1001 of Title 18, United States Code. Customer hereby certifies that it has the indicated permissible purpose(s) under part (a) of this Section II ("Certification') and that it meets the requirements of part (b) of this Section II: (a) Such Customer has a legitimate fraud prevention interest, or has a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty, will use the Limited Access DMF only for such purpose(s), and specifies the basis for so certifying as (choose any applicable purposes that apply to Customer's use): ❑ Legitimate Fraud Prevention Interest: Customer has a legitimate fraud prevention interest to detect and prevent fraud and/or to confirm identities across its commercial business and/or government activities. ❑ Legitimate Business Purpose Pursuant to a Law, Governmental Rule, Regulation,or Fiduciary Duty: Customer has one or more of the purposes permitted under 42 USC 1306c including fraud prevention and ID verification purposes. Customer's specific purpose(s) for obtaining Limited Access DMF data under this Certification is: ❑ Fraud Prevention and identity verification purposes ❑ For uses permitted or required by law ❑ For uses permitted or required by governmental rules ❑ For uses permitted or required by regulation ❑ For uses necessary to fulfill or avoid violating fiduciary duties and (b) Customer has systems,facilities,and procedures in place to safeguard Limited Access DMF,and experience in maintaining the confidentiality, security, and appropriate use of such information, pursuant to requirements similar to the requirements of section 6103(p)(4)of the Internal Revenue Code of 1986,and (c) Customer agrees to satisfy the requirements of such section 6103(p)(4) as if such section applied to Customer. III. Flow-down Agreement Terms and Conditions The Parties agree that the following terms and conditions are applicable to Customer and ordering, access to, and use of Limited Access DMF: 1. Compliance with Terms of Agreement and CFR. Customer of Limited Access DMF must comply with the terms of the DMF Agreement and the requirements of 15 CFR Part 1110, as though set forth as a Subscriber therein, and Customers may not further distribute the Limited Access DMF. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-53 Page 511 of 715 Boynton Beach,FL December 9,2019 2. Change in Status. Should Customer's status change such that it would no longer have a permissible purpose to access Limited Access DMF under this Addendum, Customer agrees to immediately notify LN in writing in the manner and format required for notices under the Contract. Should Customer cease to have access rights to Limited Access DMF, Customer shall destroy all Limited Access DMF, and will certify to LN in writing that is has destroyed all such DMF. 3. Security and Audit. Customer will at all times have security provisions in place to protect the Limited Access DMF from being visible, searchable, harvestable or in any way discoverable on the World Wide Web. Customer understands that any successful attempt by any person to gain unauthorized access to or use of the Limited Access DMF provided by LN may result in immediate termination of Customer's access and this Addendum. In addition, any successful attempt by any person to gain unauthorized access may under certain circumstances result in penalties as prescribed in 15 CFR § 1110.200 levied on Customer and the person attempting such access. Customer will take appropriate action to ensure that all persons accessing the Limited Access DMF it obtains from LN are aware of their potential liability for misuse or attempting to gain unauthorized access. Any such access or attempted access is a breach, or attempted breach, of security and Customer must immediately report the same to NTIS at dn7fcert ntis. ova and to LN by written notification to the LN Information Assurance and Data Protection Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005 and by email (security.investigations@lexisnexis.com) and by phone (1- 888-872-5375). Customer agrees to be subject to audit by LN and/or NTIS-to determine Customer's compliance with the requirements of this Addendum, the Agreement, and 15 CFR Part 1110. Customer agrees to retain a list of all employees,contractors,and subcontractors to which it provides Limited Access DMF and to make that list available to NTIS and/or LN as part of any audits conducted hereunder. Customer will not resell or otherwise redistribute the Limited Access DMF. 4. Penalties. Customer acknowledges that failure to comply with the provisions of paragraph (3) of the Certification Form may subject Customer to penalties under 15 CFR § 1110.200 of $1,000 for each disclosure or use, up to a maximum of$250,000 in penalties per calendar year,or potentially uncapped for willful disclosure. 5. Law,Dispute Resolution,and Forum. Customer acknowledges that this Addendum is governed by the terms of federal law. Customer acknowledges that the terms of Section 14 of the Agreement govern disagreement handling, and, without limitation to the foregoing, that jurisdiction is federal court. 6. Liability. The U.S. Government/NTIS and LN (a) make no warranty, express or implied, with respect to information provided under the Agreement, including but not limited to, implied warranties of merchantability and fitness for any particular use; (b) assume no liability for any direct, indirect or consequential damages flowing from any use of any part of the Limited Access DMF, including infringement of third party intellectual property rights; and (c) assume no liability for any errors or omissions in Limited Access DMF. The Limited Access DMF does have inaccuracies and NTIS and the Social Security Administration (SSA), which provides the DMF to NTIS, and LN, do not guarantee the accuracy of the Limited Access DMF. SSA does not have a death record for all deceased persons. Therefore,the absence of a particular person in the Limited Access DMF is not proof that the individual is alive. Further, in rare instances, it is possible for the records of a person who is not deceased to be included erroneously in the Limited Access DMF. Customer specifically acknowledges the terms of Attachment B to the Agreement, which terms apply to Customer. 7. Indemnification. To the extent not prohibited by law, Customer shall indemnify and hold harmless NTIS and the Department of Commerce from all claims, liabilities, demands, damages, expenses, and losses arising from or in connection with Customer's, Customer's employees', contractors', or subcontractors'use CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-54 Page 512 of 715 Boynton Beach,FL December 9,2019 of the Limited Access DMF. This provision will include any and all claims or liability arising from intellectual property rights. S. Survival. Provisions hereof related to indemnification, use and protection of Limited Access DMF, audit, disclaimer of warranties, and governing law shall survive termination of this Addendum. 9. Conflict of Terms. Customer acknowledges that the terms of this Addendum, in the event of conflict with the terms of the Contract, apply in addition to, and not in lieu of, such Contract terms, with respect to the Limited Access DMF only. AUTHORIZATION ATION ,AND ACCEPTANCE OFTERMS S I HEREBY CERTIFY that I have direct knowledge of the facts stated above and that I am authorized to execute this Certification on behalf of the Customer listed above. CUSTOMER: Signature Print Name Title Dated (mm/dd/yy) CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Conditions 7-55 Page 513 of 715 Boynton Beach,FL December 9,2019 APPENDIX A 6 SERVICES DETAILS Table of MSI Azure GovCloud Services Compliance Details is provided separately. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions MS/Azure GovC/oud Services Compliance Details Appendix A-1 Page 514 of 715 MOTOROLA SOLUTIONS BOYNTON BEACH, FL COMMANDCENTRAL AWARE DECEMBER 9, 2019 19,99575 / FLP1 9P1 40A The design,technical,pricing,and other information("Information")furnished with this submission is proprietary and/or trade secret information of Motorola Solutions, Inc.("Motorola Solutions")and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law,the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola Solutions. MOTOROLA,MOTO,MOTOROLA SOLUTIONS,and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license.All other trademarks are the property of their respective owners.©2019 Motorola Solutions,Inc.All rights reserved. 19-99575/FLP19P140A Page 515 of 715 TABLE OF CONTENTS Section 1 CommandCentral Aware Overview....................................................................................................1-1 1.1 Solution Overview..............................................................................................................1-1 1.2 CommandCentral Product Descriptions.............................................................................1-3 1.2.1 CommandCentral Aware................................................................................................1-3 1.2.1.1 Geospatial Event Location & Mapping ...................................................................1-3 1.2.1.2 Video &Video Analytics .........................................................................................1-4 1.2.1.3 Workflow Configuration ..........................................................................................1-4 1.2.1.4 Key Software Integrations ......................................................................................1-5 1.2.2 Geographic Information System (GIS) Data Set Integration ..........................................1-5 1.2.3 Federated Query............................................................................................................1-5 1.2.4 CommandCentral Interfaces ..........................................................................................1-7 1.2.4.1 CAD/AVL Integration..............................................................................................1-8 1.2.4.2 Video Management Systems Integration................................................................1-8 1.2.4.3 Avigilon Control Center (ACC) &Video Analytics Integration.................................1-8 1.2.5 CommandCentral Analytics Plus....................................................................................1-9 1.2.5.1 CommandCentral Analytics Plus Features.............................................................1-9 1.2.6 CrimeReports Plus.......................................................................................................1-10 1.2.7 TipSubmit.....................................................................................................................1-10 1.2.8 BriefCam Protect Video Analytics Solution ..................................................................1-10 1.3 Network Connectivity Requirements................................................................................1-11 1.3.1 CommandCentral Aware..............................................................................................1-11 1.4 Design Considerations.....................................................................................................1-11 Section 2 EquipmentList...................................................................................................................................2-1 Section 3 Statementof Work.............................................................................................................................3-1 3.1 Contract Award ..................................................................................................................3-1 3.1.1 Contract Administration..................................................................................................3-1 3.1.2 Project Kickoff................................................................................................................3-1 3.1.3 Contract Design Review (CDR)......................................................................................3-2 3.2 Equipment Processing and Shipping .................................................................................3-3 3.3 Aware Connectors..............................................................................................................3-4 3.4 Federated Queries .............................................................................................................3-5 3.5 Installation & Configuration ................................................................................................3-5 3.5.1 CloudConnect Server Installation...................................................................................3-5 3.5.2 CommandCentral Aware Workstations Configuration....................................................3-6 3.5.3 CommandCentral Aware —Connector Installation & Configuration ...............................3-7 Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions TabIpg6QnttIs bf 715 3.6 Training ..............................................................................................................................3-7 3.6.1 CommandCentral Aware On-Site Training.....................................................................3-7 3.6.2 CommandCentral Aware On-Line Training ....................................................................3-8 3.6.3 Analytics Plus Onboarding and Training ........................................................................3-9 3.7 CommandCentral Final System Acceptance......................................................................3-9 3.7.1 Acceptance Test Plan (ATP)..........................................................................................3-9 3.7.2 Resolve Punch list........................................................................................................3-10 3.7.3 Finalize Documentation................................................................................................3-10 3.7.4 Final Acceptance..........................................................................................................3-10 3.8 Change Order Process ....................................................................................................3-10 3.9 Preliminary Schedule .......................................................................................................3-11 Section 4 Consulting/Operational Services........................................................................................................4-1 4.1 Consulting / Professional Services Overview.....................................................................4-1 4.2 CommandCentral Aware and Analytics Plus Onboarding Services...................................4-1 4.3 CommandCentral Operational Integration..........................................................................4-1 Section 5 Support..............................................................................................................................................5-1 5.1 Technical Support Operations............................................................................................5-1 5.2 Technical Support Scope...................................................................................................5-1 Section 6 PricingSummary................................................................................................................................6-1 6.1 Proposal Pricing.................................................................................................................6-1 6.2 Motorola CommandCentral Solution Payment Options — Phase 1 ....................................6-2 6.3 Subscription Pricing ...........................................................................................................6-2 Section 7 Termsand Conditions........................................................................................................................7-1 Appendix A MSI Azure GovCloud Services Compliance Details ............................................................................ A Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Tabl V 6o4t5js7 ibf 715 Boynton Beach, FL December 9,2019 SECTION 1 COMMANI)CENTRAL AWARE OVERVIEW The Motorola Solutions offering for the Boynton Beach Police Department("Customer") consists of our CommandCentral Aware solution and integration with PremierOne CAD,Avigilon Video Management Systems (VMS)and a VMS to be determined and CommandCentral Analytics Plus, CrimeReports Plus and TipSubmit. We have also included the BriefCam Video Analytics Solution. 1.1 SOLUTION OVERVIEW The solution includes the following components: • CommandCentral Aware Enterprise License with Software Maintenance and Technical Support. — PremierOne CAD integration for incident and/or unit location Automatic Vehicle Location (AVL) — Integration with existing Avigilon VMS — Integration with existing Cintel LPR — (1) C1oudConnect Aware Server — (1)Aware workstation with 3 27"monitors — Mapping ♦ AccuWeather Service ♦ Agency Esri Data Sets Integration • CommandCentral Analytics Plus • CrimeReports Plus — Camera Registration • TipSubmit • Aware federated query and return provided via integration to the Palm Beach County LEX Data Exchange • Video Analytics -Briefcam Protect Video Analytics Solution — 100 Camera licenses — 5 Concurrent client licenses — 1 year software maintenance &upgrades — 1 BriefCam server • Professional implementation services and training (on-site and on-line) Artificial Intelligence Component Motorola's solution for the Boynton Beach RTCC project includes Artificial Intelligence (AI) technology that will enhance operational workflows and decision making capability within the Boynton Beach RTCC. Motorola's platform provides an automated workflow engine that allows for predefined conditions and actions that will activate nearby cameras. The conditions can be defined on CAD incidents, Alerts, Sensors and Video Analytics with actions that will focus the user's attention immediately to the visual, eliminating the risk of missing relevant information occurring in the field. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Awar`P%0e51bf 715 Boynton Beach, FL December 9,2019 With the inclusion of the BriefCam solution as part of this proposal, Boynton Beach Police Department will realize the benefit of BriefCam's Artificial Intelligence (AI) engine,which transforms raw video into objects and events as the human brain perceives them, allowing BriefCam and its Partners to build diverse applications from a single general-purpose processing engine. One of these applications is called Video Synopsis®which BriefCam invented and owns the worldwide patents for. Video Synopsis is the ability to present all the objects that passed through a particular frame at different times simultaneously This breakthrough approach allows organizations to review hours of video in minutes, sometimes seconds. BriefCam's unique approach to processing and indexing the entire video content enables organizations to leverage each of their cameras for a multitude of use cases, e.g. security& safety, operations, and marketing—all using their existing surveillance ecosystem. BriefCam recognizes that there are a variety of user profiles within an organization and therefore provides a broad set of applications in order to support these users such as search&rapid review for investigators, quantitative dashboards and reports management, and alerts for live monitoring and rapid response. Motorola's inclusion of the these Al components is intended to provide a state of the art solution to the Boynton Beach Police Department that will scale to meet the growing needs of the RTCC operation. CUSTOMER SUPPLIED EQUIPMENT MOTOROLA SUPPLIED EQUIPMENT — ETHERNET Motorola CommandCentral Aware SaaS System Diagram — DATA PATH "` I� Boxnlon Beach Network �� I't Gsnre' N... 't xxXxxXXX I,,.i t� � t i�4 t Avigilon I VMS Server Name tf Z t � XX.XX.XX.%X I`{ t 14P��,SS{�iS+oftltUpn��7r*/��`a(�NM Sa4'V�t} t 1 f _ s I CinteI LPR I �„ 1 r -A+M`}IostsYPll'�ft.reM#Mts t; serve w.,— I, XX.XX.XX.XX C. �tsr3des f c p ns�t�vlty4nr ar�jM�k fatipr , PmmierOne CAD �`' fts4' 'P,r¢Lfi f3p r: 3trrdXu24 i t ' serverNa �,I „i�rdeikat'ed®C sIfn M1¢w 'dal��rntt+lQtU1 ti ' �� t.xx.Xz.>tx RMS ————————————————————————— tI Internet ttttt y p1TP X�,z�s xX�f� i, t i. �f�et�rd�m fi„ecvat CpmmandCzrrtral Server (Claud) A ia@ylics Federated Plus Query CruneReports T psubmot Plus Aware Workstation with three monitors XX.XX.XX.XX Dispatch Center MOTO 4 .LA SOLUTIONS Figure 1-1. CommandCentral Aware System Diagram CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Awar`P%0e51 ?Df 715 Boynton Beach,FL December 9,2019 1.2 COMMANDCENTRAL PRODUCT DESCRIPTIONS This section describes the general functionality of the CommandCentral software components. Not all general functionality is available in a specific Customer solution. Specific functionality is that which is related to the components and integrations described in this document. 1.2.1 CommandCentral Aware The Motorola CommandCentral Aware provides an aggregated user-configurable console view integrating multiple disparate public safety systems. CommandCentral Aware provides real-time intelligence for a complete operating picture with four major components -mapping,video, event monitoring and communications. Real-time intelligence for a complete operating picture .vlyn � M � Mapping s j Video Event Monitoring Communications Figure 1-2: CommandCentral Aware Overview Screenshot CommandCentral Aware provides a complete operating picture, integrating real-time intelligence in the command center to remotely assist officers in the field through: • Geospatial event location and mapping • Alerts • Video &video analytics • Workflow configuration • Key software integrations Each capability is summarized below. In the Detailed Solution Description section,we provide product level description and details. 1.2.1.1 Geospatial Event Location & Mapping CommandCentral Aware provides access to disparate data sets in a common operating procedure that includes CAD, alarms and alerts, sensors,tips, device (radio and eventually mobile phones) ,vehicle, and tactical instructions. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Awart-%0e52d bf 715 Boynton Beach, FL December 9,2019 • See personnel status and location, open-source data layers and more on a map that can be customized with your agency's data layers. View a real-time feed of incident occurrences as they populate on the map. • Each data source can be shown or hidden based on groupings into a layer and then selecting or deselecting it in the data layer panel. Data layers can also be prioritized to ensure certain information takes visual precedence on the map. Information associated with each event or resource on the map can be viewed in the critical information display. • Restrict what personnel see based on authorizations to what they need to be most effective. Ensure workflows are unhindered by access to information in the simplest form possible. 1.2.1.2 Video & Video Analytics Place eyes on the scene within seconds of a critical incident, communicating a more informed response and enhance responder safety through the common operating picture via CommandCentral Aware providing information via: • Integration with major video management systems that provide live streaming video into single common consolidated screen. • Receiving incident locations, alerts and analytic notifications and identifies cameras in vicinity so that intelligence analyst can view a live stream from the area in real time. • Visualize critical 911 call information on the map, along with the relevant information(location of interest) and related live video streams,video analytics to enhance details provided to CAD. • Video Analytics from Avigilon Control Center(ACC) and Blue highlight a capability to alert a CommandCentral Aware user to video that put eyes on the scene in seconds. Avigilon brings with it a wide swath of analytics to the fixed VMS that define rules that set triggers on breaches by bounded area, object detection,motion detection,path crossed, directional pattern changes. Blue allows for cloud based video analytics with motion detection sending alerts to CommandCentral Aware. • Real-Time Video Streaming: Virtually patrol your community or get eyes on scene of an event in seconds by viewing cameras simultaneously from video feeds via any supported video management system you currently use. Easily reference the video source, date,time and location as well as customize camera groups for quicker access to particular locations 1.2.1.3 Workflow Configuration • Workflow Automation: Providing an automated workflow engine that allows for predefined conditions and actions that will activate nearby cameras. The conditions can be defined on CAD incidents,Alerts, Sensors and Video Analytics with actions that will focus the user's attention immediately to the visual. • User-Centric Workflow: Display the application in a one-,two-or three-screen configuration and with custom layouts to meet individual needs and workflows. Create rule-sets to perform automated actions based on event types,helping to reduce the amount of steps necessary to support an incident effectively. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Awar`P%Oe52ftf 715 Boynton Beach, FL December 9,2019 1.2.1.4 Key Software Integrations CommandCentral Aware enhances incident response by integrating multiple disparate systems into a unified public safety workflow. CommandCentral Aware provides the ability to correlate information and events across multiple systems; radio,video surveillance, sensors, alarms, analytics, CAD, Records, and Mapping/GPS location. CommandCentral Aware integrates with your hosted Geographic Information System (GIS) data sets from Esri ArcGIS Server or ArcGIS online. This adds to the common operating picture to enhance intelligence and workflow details driven by geography and metadata contained within these data sets. 1.2.2 Geographic Information System (GIS) Data Set Integration CommandCentral Aware integrates with your hosted GIS data sets from Esri ArcGIS Server or ArcGIS online. The geospatial information contained within these data sets are core to the overall visualization of the intelligent map display. This adds to the common operating picture to enhance workflow details driven by geography and metadata contained within these data sets. Esri's powerful geospatial engine within CommandCentral Aware is used to automatically invoke spatial queries to inform the user of nearby items, refine geographic boundaries and focus attention on location to orientate those responding. Utilizing the geospatial processing induces an intelligent driven analysis and help to eliminate additional noise on the map to not distract from the concentrated area of concern. Example data sets may include (but not limited to): • The ability to refine the data displayed based on geographic area defined per user(i.e. by Area, Beat, Sector, Precinct,Zone, Quadrant) • Find nearby entities by predefined distance (i.e. closest camera while in route, closest cameras to an event(cad,gunshot detection, alert, etc.) • Determining road blockades caused by traffic jams, flooded roadways, or barricades 1.2.3 Federated Query Federated query allows for access to multiple disparate databases to simultaneously search multiple databases by performing a single search query with a single-on. The results are automatically matched,merged,parsed, scoring and sorted into a single return. The returns are populated in an intuitive Graphic User Interface (GUI) query dashboard. Data Exchanges/Dashboards • Reduced and/or eliminated manpower • Reduced errors • Reduced processing times • Tighter control of security and access to information through role-based security • Ability to search and access information that was previously not available on-line • Utilizes DOJ/BJA best practices via NIEM and GRA-conformant exchange of information CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Awar`P%Oe52L bf 715 Boynton Beach,FL December 9,2019 Motorola Aware Motorola Aware/FivePoint FocalPoint/LEX Cross-Functional Workflow Diagram 2019-07-03 t4SS4 -----------______.___._.._._....._.._..._.__..._......_............_...._......._.....__........_....._.._..............._........__...._..Searcn Results uee6s,t,Text o-om Aware PocatPohx M....... Atre Sear.h Input Parameter FivePoint FocalPoint Nub F.vePoh FocalPoiot API FivePoint Fire o FPAPI ubmits F—Point AN sub FP AF—IP int APl Search esults PI ading _ qu ry query uerieries Search esults ME ` (Husiness ules THD) LEX Database LEX LEX Database Future Data Sources(TBD) `" Fume my Wtsl Database (TBD) ;TBD; Figure 1-3: Cross-functional work flow diagram The data flow process begins when the user is using CommandCentral Aware client and has a requirement to retrieve LEX data. CommandCentral Aware will authenticate via API to FocalPoint. Once authenticated,the CommandCentral Aware will request via the FocalPoint API the LEX product. FocalPoint will request and/or retrieve the data from LEX and send that data back to the CommandCentral Aware. The CommandCentral Aware will then direct the CommandCentral Aware client to show the LEX data. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Awart-%0e52Af 715 Boynton Beach, FL December 9,2019 APP Authentication F l V P O l l'J 7 1b; SOLUTIONS FocalPointfMotorola int net LISea user Command Central Aware Command C2ntral TEST C©mn,a d Ca.,t,M Firewall L7 aad Balancer Virtual Virtual Machines �� Machines INN AP x51t5ash u "o 550 _.r-�H"ashE.ward API bugs(x35 � Lugs Nil FoolPulnt SOL Serer Flasti Wo! (4) prod De,-est DB Scheduler Sstt�+JuyQr '.. PROD TEST «X And/Or Other Remote Data Sources Prod&Test Opti-A Geo-RM—la,,y Figure 1-4: Federated Query Operation and Test 1.2.4 CommandCentral Interfaces The table below list the specific interfaces included in our solution. An Interface Specification Document(ISD)is available for each interface upon request. The ISD details the specific features and functionality of the interface and describes the implementation process and responsibilities of the involved parties. Table 1-1.Solution Interfaces EC=- e CAD Data connector to the PremierOne CAD system Avigilon VMS Video connector to the Avigilon Video Management System Cintel LPR Data connector to the Cintel License Plate Recognition CommandCentral interfaces are dependent on the functionality made available to Motorola Solutions by Customer's 3rd parry system. Customer is responsible to provide connectivity to 3rd parry system via the SDK,API, or other Motorola Solutions approved access. The CommandCentral Aware system integrates with the Customer's existing systems identified above. The connector capabilities and supported features via the SDK are described below. CommandCentral Aware 19-99575/FLP191o140A Motorola Solutions CommandCentral Awar`P%0e524-bf 715 Boynton Beach, FL December 9,2019 1.2.4.1 CAD/AVL Integration The CommandCentral C1oudConnect Aware CAD/AVL Interface integrates with the Customer's PremierOne CAD system. A single interface can be used to display incidents on the CommandCentral Aware client software. As CAD incidents are created and updated in the CAD system,the CommandCentral Aware user can see the incidents populate in the CommandCentral Aware. Incident details can be viewed in the CAD monitor and unit location details are displayed on the Unit Status monitor in the CommandCentral Aware Client. Incidents will be prioritized as defined by the CAD system and that priority will appear on the display. By choosing a specific incident,the map is automatically centered over the incident. As updates on an incident are received,the display is updated and the details are added if necessary. Right-clicking on the incident from the map also provides details of the incident. Incidents remain on the display until the CAD system closes the incident or,by default,twenty-four hours after the last update,whichever comes first. The default twenty-four hour timer can be adjusted based on the agency. Unit location information is available through the device tab or by right-clicking on the device (unit) from the map. Opening that tab will display the devices that are currently in service, or have been in service within the previous eight hours. By choosing a specific device,the map is automatically centered over the device. CAD status data is sent to CommandCentral using a"push"model,which means updated data from the Customer's CAD system will be available in CommandCentral Aware with minimal delay. 1.2.4.2 Video Management Systems Integration The CommandCentral Aware solution includes video connectors to provide interfaces to the Customer's existing Video Management Systems (VMS) identified above in order to give the operators full integration and functionality of all cameras in the field. The operation will have the ability to access all live and recorded video from a single Aware workstation location for analysis and review. The VMS systems integrated for the given deployment must be finalized before the formal proposal is made. 1.2.4.3 Avigilon Control Center (ACC) & Video Analytics Integration The Avigilon to CommandCentral Aware connector integrates the results of the rules engine combined with video from the Avigilon VMS. The targeted video feed is displayed in response to user interaction and pre-defined scenarios based on a customizable rule set. Specific category of events such as CAD incidents, LPR alarms, or other alert reporting system(s)integrated into CommandCentral Aware solution can be configured, in relation to the analytics,to trigger display of video feeds automatically. These real-time events and forensic capabilities detect and notify scene changes,missing objects and rules violations. In addition to the live video and analytics,the connector supplies operators video display tools that control pan,tilt, zoom (PTZ) cameras and playback of recorded video. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Awart-%0e528 bf 715 Boynton Beach, FL December 9,2019 1.2.5 CommandCentral Analytics Plus Motorola Solutions ("Motorola") is pleased to offer a next-generation crime analysis and intelligence solution which will help you uncover more actionable insights to more effectively allocate resources and fight crime. CommandCentral Analytics Plus,powered by LexisNexis, integrates with your existing data sources, leverages inter jurisdictional data and includes integrated search of billions of public records from over 10,000 sources. It also provides highly configurable experiences with purpose-built tools for roles across your agency. By investing in CommandCentral Analytics Plus,detectives can use link analysis across datasets to easily track down leads and close cases. Command staff can quickly identify emerging trends and with the help of analysts,better understand those patterns and develop proactive initiatives to effectively address them. This is a cloud-based product, subscribed to as-a-service. It is highly accessible and cost-effective with predictable pricing. Product updates are seamless with new capabilities being delivered regularly. And,the cloud also provides proven security, reliability and availability that keeps you operationally ready. CommandCentral Analytics Plus includes a professional services engagement for implementation and deployment, and is built upon our operational expertise,tools and best practices,perfected over our 90+year history of working side-by-side with public safety. 1.2.5.1 CommandCentral Analytics Plus Features Table 1-2 -Key Features& Functionality Agnostic CAD/ RMS Inter-jurisdictional Data Sharing Access to Over 10,000 Public Integration Records for 267M+ People Configurable, Role-Based Cloud-Based & Delivered as-a- Flexible Analysis Project Experiences Service Creation Robust Data Visualization Granular Data Manipulation & Advanced Link Analysis Detail (140 Data Points Supported) Easy Project Sharing Accurint For Law Enforcement CommandCentral Platform Enterprise Subscription Integration CommandCentral Analytics Plus is an integrated part of our CommandCentral platform that provides a suite of solutions to address the end-to-end public safety workflow. The platform is designed to: • Simplify technology complexity with unique workflow integrations and seamless data sharing. • Ensure your team is successful with modern user experiences built around the outcomes that matter. • Enhance decision-making and speed up processes with advanced analytics,A.I. and machine learning. CommandCentral is built around the philosophy of evolution,not revolution. This approach allows you to maximize the value of your existing investments while adopting new capabilities that better meet your needs. By leveraging cloud-based services and an agile development methodology with constant user feedback,we can rapidly deliver new features and functionality in a more manageable, non-intrusive way. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Awart-%0e526 bf 715 Boynton Beach, FL December 9,2019 1.2.6 CrimeReports Plus CrimeReports Plus expand the functionally of CrimeReports by providing the following additional features: • Contextualized Analysis: Upload shapefiles to define neighborhoods, districts, or other areas to better understand the data. • Expanded Analytics: More charts show detailed crime trends for up to 24 months. • Social Media Engagement: Share your agency's website and social media channels to build rapport with the public. • Agency Branding: Create a branded experience featuring your agency logo and header colors, and focused views displaying only data from your agency. • Embed Crime Maps: Easily copy the embed code and publish the interactive map to further share CrimeReports across other agency or community websites. 1.2.7 TipSubmit TipSubmit is built to be future ready.With integrations to CommandCental Aware to provide real- time tip alerts to integration with CommandCentral Vault so your agency collects private and public multimedia in one application, TipSubmit is ready to maximize your agencies potential. 1.2.8 BriefCam Protect Video Analytics Solution Video Synopsis®is the simultaneous presentation of objects, events and activities that occurred at different times through the same camera view. BriefCam® Syndex offers a powerful set of video review tools for locating events of interest so that users can reach targets more quickly than ever before. Filter by time, object size, color, direction and other criteria to quickly find relevant video. The proposed BriefCam solution includes all BriefCam capabilities including,Video Search(Search by color, object type,presence of bags or backpacks,vehicle types), Data Reporting, Live Alerting, and File Import capabilities. While there are many automated video analytic solutions on the market, BriefCam differs in its simplicity and immediate intuitiveness for virtually any user. Video Synopsis provides a very short representation of a long time period while preserving all essential activities of the original video. This is done by presenting multiple objects and activities simultaneously—even if they have occurred at different times—and is performed in three stages. Ingest-As it is fetched,the video is analyzed, separated into background(static,non-moving objects) and foreground (dynamic,moving objects). The moving objects are extracted and inserted into a database. Synopsis- The user specifies a time period of interest(e.g. last 24 hours), and all relevant objects and backgrounds for the specified period are extracted from the database. The Video Synopsis is generated from these objects and backgrounds. Because objects are shown simultaneously, even though they occurred at different times,the resulting Video Synopsis is very short. Index -The user selects an object of interest. This object points to and indexes back to the original video. The basic Video Synopsis can be further augmented by allowing users to search video according to attributes: size, color, speed, direction and location within the frame. The unique CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware F'ct ff Cn:27 Of 715 Boynton Beach, FL December 9,2019 "Similar to This"function enables users to search their video according to hard-to-define, "I'll know it when I see it"attributes. As in any search engine, results can be ranked in order by probability— from highest to lowest depending on how well they match the search criteria—ensuring that the most relevant events of interest are presented first. 1.3 NETWORK CONNECTIVITY REQUIREMENTS 1.3.1 CommandCentral Aware The Aware workstation will be connected through the local IP network. Network Physical Requirements: • Four(4)network ports for each CommandCentral server. • One (1)network port per Aware workstation. • One (1) 4-post racks for the CommandCentral server with at least 30"depth. • Two (2)circuits to distribute power to the server(dual power supplies). • Four(4)rack units for servers with at least two (2) RU for air flow below each. Network Requirements: • Provide network ports that are 1GB capable. • Bandwidth with be provided between the Aware Server,VMS Servers,Aware Clients, and Streaming clients to support multiple video streams simultaneously. — Variable considerations... Number Connectors. — Final bandwidth requirements will be determined at Detailed Design Review. • The C1oudConnect server(s)will be network routable. Motorola will work with the Customer's IT personnel to verify that connectivity meets requirements. Customer will provide the network components. The Customer will provide internet access to the Cloud-Connect server supplied as part of this project. A minimum of 1 Gigabit network ports for the server will be provided. • The max number of Icons viewed on the Aware Client at one time,per instance, is 2000. • The max number of updates per second on the Aware client is 100. • The maximum number of radios per server is approximately 5000. • Minimum bandwidth needed between the C1oudConnect Server and the C1oudConnect platform is 1.1 Mbps. 1.4 DESIGN CONSIDERATIONS The following have been taken in consideration for the design of the CommandCentral Aware solution for the Customer: • The CommandCentral Aware solution design includes a separate data layers for radios,AVL, CAD events and other 3rd party data. Layers can be turned on and off as desired. • The Customer will be responsible for connectivity between the various networks. • VPN remote access is required for Motorola Solutions personnel. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware ftffn&bf 715 Boynton Beach, FL December 9,2019 • Customer is responsible for all necessary 3rd party upgrades of their existing system(s)as may be required to support the CommandCentral solution. Motorola's solution does not include any services, support or pricing to support Customer 3rd party upgrades. • Customer is responsible for the impact to 3rd parry systems inclusive of CommandCentral interfaces as a result of customer upgrading a 3rd party system. Motorola Solutions strongly recommends working with Motorola Solutions to understand the impact of such upgrades prior to taking any upgrade action. • Motorola will have no responsibility for the performance and/or delays caused by other contractors or vendors engaged by the Customer for this project, even if Motorola has been involved in recommending such contractors. • Customer is responsible for providing backup power as necessary. • Customer will provide Internet access to CommandCentral Aware clients(s) and server. • Customer will provide Antivirus software for the Aware client. • Existing UPS (Uninterruptible Power Supply) is available at the site where the CommandCentral equipment(server&workstations)will be installed. • Backhaul equipment, installation, and support costs are to be provided by the Customer. • Low latency is critical for real-time operations. The speed with which data appears on the Aware display depends in large part on how quickly the information is presented to the Aware interface. Major contributors to the latency are typically network delays and the delay time from occurrence of an event to when that event information is presented to Aware from the source application(i.e., CAD,AVL,ALPR, etc.) Consequently, although the Aware product strives to provide near-real- time performance, Motorola can provide no guarantees as to the speed with which an event(or video stream) appears on Aware once the event is triggered. • Aware clients support MS Windows 10. • Customer must provide Motorola access with administrative rights to Active Directory for the purpose of installation/configuration and support. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions CommandCentral Aware ftff ` 2Vbf 715 Boynton Beach,FL December 9,2019 SECTION 2 EQUIPMENT LIST I I SE COMMANDCENTRAL-AWARE 1 SQM01 SUM0307A COMMANDCENTRAL AWARE CLOUDCONNECT SERVER 1 SSVOOS01233A AWARE ENTERPRISE LICENSE-ANNUAL SUBSCRIPTION - HIGH-TIER VIDEO 155 SSVOOS01233A AWARE MID-TIER VIDEO ANNUAL PER SWORN OFFICER 1 SSVOOS0111A CONNECTOR: PremierOne CAD 1 SSVOOS01128A VMS CONNECTOR WITH AWARE-AvigilonVMS 1 SSVOOS01056A CONNECTOR WITH AWARE- Cintel LPR 1 FEDERATED QUERY AND RETURN — INTEGRATION TO PALM BEACH COUNTY LEX DATA EXCHANGE 1 DSSYNWQ86542312 AWARE WORKSTATION - HP Z6G4T X6136, 5 YR.WARR. 3 DS1JS10A4ABA HP Z27n G2 - LED monitor-27" COMMANDCENTRAL-ANALYTICS PLUS 1 SSVOOF01212A CC ANALYTICS PLUS (LexisNexis) SUBSCRIPTION 1 SSVOOF01212A COMMANDCENTRAL-ANALYTICS SET-UP FEE TIPSUBMIT and CRIME REPORTS PLUS 1 SSVOOS01010A TIPSUBMIT Subscription 1 SSVOOS01012A CRIMEREPORTS PLUS W/CAMERA REGISTRATION BRIEFCAM 1 DSHPPNQ0036046301 BRIEFCAM SERVER GEN 10 1 DSBCSYNBCPPT1 BRIEFCAM PROTECT—VMS and File Based Import. 100 Camera Channels Included. Includes Forensics, Data Reporting and Live Analytics, 5 concurrent client licenses. 1 DSBCMA0001 BRIEFCAM PROTECT- SW maintenance & upgrades for 1 year 5 DSBCSYNBSYNPSOS BRIEFCAM PROFESSIONAL SERVICES Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Equ d g i�3d bf 715 Boynton Beach,FL December 9,2019 SECTION 3 STATEMENT OF WORK 3.1 CONTRACT AWARD This Statement of Work(SOW) describes tasks to be performed in implementing the solution and the deliverables to be furnished to the Customer. The tasks described herein will be performed by Motorola Solutions, its subcontractors (as applicable), and the Customer to implement CommandCentral Aware.When assigning responsibilities,the phrase "Motorola Solutions"includes our subcontractors and third-party partners. Motorola's project manager will use the Statement of Work to guide the deployment process and coordinate the activity of all Motorola resources and teams. The project manager will also work closely with the Customer's project manager to clearly communicate the required deployment activities and schedule tasks involving Customer resources. The scope of this project is limited to supplying the contracted equipment, software and services (SI & Subscriptions)inclusive or any changes that alter the scope via a change order. Deviations and changes to this SOW are subject to mutual agreement between Motorola Solutions and the Customer and will be addressed in accordance with the change order provision of the Contract. 3.1.1 Contract Administration Motorola Solutions Responsibilities 1. Assign a Project Manager, as the single point of contact to implement the CommandCentral Solutions project. 2. Assign resources necessary for project implementation. 3. Schedule the project kick—off meeting. Customer Responsibilities 1. Assign a project manager as the single point of contact responsible for managing Customer resources and with the authority to acknowledge/approve project deliverables. 2. Assign resources necessary to ensure completion of project tasks for which the Customer is responsible. Completion Criteria • Motorola and the Customer assign all required resources. • Project kickoff meeting is scheduled. 3.1.2 Project Kickoff The purpose of the Project kickoff is to introduce project participants and review the scope of the project. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions StatemV&6'4/0�3f bf 715 Boynton Beach,FL December 9,2019 Motorola Solutions Responsibilities 1. Conduct a project kickoff meeting. 2. Introduce the project team participants and review the roles of each team member. 3. Review the overall project scope and objectives. 4. Discuss the role of resources and scheduling requirements. 5. Review the project schedule and address upcoming milestones and/or events. 6. Review Customer resource and scheduling requirements. 7. Review the teams' interactions,meetings, reports,milestone acceptance,and the Customer's participation in particular phases. Customer Responsibilities 1. Key project team participants attend the meeting. 2. Review Motorola and the Customer responsibilities. 3. Provide locations and access to the existing equipment that will be part of the CommandCentral system. 4. Provide all paperwork and/or forms (i.e. fingerprints,background checks, card keys and any other security requirement) required to obtain access to facilities for this project. 5. Provide the contact information for the license administrator for the project, i.e. IT Manager, and any other key contact information. Completion Criteria • Project kickoff meeting completed. • Meeting notes identify the next action items. 3.1.3 Contract Design Review (CDR) The objective of the CDR is to review the scope of the project,project schedule, equipment list, training approach and test plan. Motorola Solutions Responsibilities 1. Meet with the Customer's project team to review the operational requirements and the impact of those requirements on various equipment configurations 2. Review the contract exhibits: System Design, Statement of Work, Project Schedule,Acceptance Test Plans 3. Provide detailed requirements for the CommandCentral Aware system. 4. Provide credentialing application for Analytics Plus. 5. Review credentialing paperwork to ensure accuracy. 6. Arrange for the site inspection related to the Analytics Plus implementation. 7. Motorola is not responsible for issues outside of its immediate control. Such issues include,but are not restricted to, improper frequency coordination by others and non-compliant operation of other radios. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions StatemV&6'4/0�3 bf 715 Boynton Beach,FL December 9,2019 Customer Responsibilities 1. Project team participants attend the meeting. 2. Provide network environment information to Motorola. 3. If applicable,test existing equipment and/or any 3rd. parry equipment with which Motorola equipment will interface. 4. Provide locations and access to the existing data and video equipment that will be part of the CommandCentral system per contract. 5. Work with the owners of the new and existing data and video equipment to establish network connectivity(where applicable). 6. Provide all paperwork and/or forms (i.e. fingerprints,background checks, card keys and any other security requirement) required to obtain access to each of the sites identified for this project. 7. Complete and return the credentialing application for Analytics Plus. 8. Provide the contact information for the license administrator for the project, i.e. IT Manager, CAD Manager, and any other key contact information as part of this project. 9. Provide appropriate resources to participate in site inspection. Completion Criteria • Completion of the CommandCentral design system documentation,which may include the updated System Description, Equipment List, System diagrams or other documents applicable to the project. • Incorporate any deviations from the proposed ILPS solution into the contract documents accordingly. • Submit Analytics Plus order for integration. • A Change Order is executed in accordance with all material changes and scope resulting from the Design Review to the contract. 12 EQUIPMENT PROCESSING AND SHIPPING Motorola Solutions Responsibilities 1. Validate equipment list including validation of model numbers,versions, and compatible options to main equipment. 2. Enter order into the order management system. 3. Ship equipment to Customer's facility. Customer Responsibilities 1. Approve shipping location(s). 2. Receive all equipment and provide secured storage at the designated location. Completion Criteria • Equipment List verified. • System Order complete and shipped to Customer's site. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions StatemV&6'4/0�3±bf 715 Boynton Beach,FL December 9,2019 3.3 AWARE CONNECTORS Motorola Responsibilities 1. Establish demarcation point to define the connection between CommandCentral Aware and the defined third parry systems and/or Customer-supplied data sources. 2. Review data source documentation to assure developers have everything needed to implement the connector/interface. 3. Review data source access information to assure developers have everything needed to establish a connection to the data source. 4. Review network requirement topology to assure connector has access to both the data source and public internet. 5. If applicable, request information on API, SDKs, data schema and any internal and 3rd parry documents necessary to establish interfaces with all local and remote systems and facilities. 6. Provide minimum acceptable network performance specifications. 7. If applicable, develop software interfaces (connectors)necessary for the system based on the proposed system solution. Customer Responsibilities 1. Work with Motorola to define requirements for the connector. 2. If applicable,provide requested detailed documentation for each data source including API, SDKs, data schema and any internal and 3rd parry documents necessary to develop the connectors and establish interfaces with all local and remote systems and facilities. 3. Provide all communications lines with 3rd parry vendors (if applicable) and establish any network paths and network equipment in accordance with Project design and schedule and ensure that the necessary technical support is made available for installation,testing, and demonstration of the interfaces. 4. Ensure that necessary non-disclosure agreements, approvals, and other related issues are complete in accordance with Project design and schedule. Data exchange development must adhere to 3rd parry licensing agreements. 5. Assume responsibility for all cost and payment associated with non-Motorola development effort. 6. Provide all the necessary access and permissions to network and system resources required to perform the data exchanges for this project. This includes both physical access and network access to servers and/or system databases. 7. Provide subject matter experts from each involved department to participate in analysis and design meetings as required. 8. Provide internet connectivity to each of the involved 3rd parry servers needed to facilitate the data transfers. Completion Criteria • Connector development is completed. • All required access has been granted and documented. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions StatemV&6'4/0�3 $f 715 Boynton Beach,FL December 9,2019 3.4 FEDERATED QUERIES Motorola Responsibilities 1. Create Requirements Traceability Matrix(RTM). 2. Acquire and setup development/test environment. 3. Develop and implement LEX and Search API connectors in accordance with the RTM. 4. Test the connectors to demonstrate they function in accordance with the RTM. 5. Provide training on query functionality. Customer Responsibilities 1. Participate in development of RTM. 2. Participate in testing of LEX and Search API connectors. Completion Criteria • Demonstration that queries function in accordance with the RTM. 3.5 INSTALLATION & CONFIGURATION 3.5.1 CloudConnect Server Installation Motorola Responsibilities 1. Inventory all equipment specified in the equipment list. 2. Rack and install the CommandCentral Aware CloudConnect appliance on the Customer designated equipment rack. 3. Connect the server to a power distribution unit(PDU)with redundant power provided by 4. Connect server to the Customer's network switch. 5. Assign the Customer provided IP addresses to both the physical and virtual machine servers. 6. Configure Server with contracted software and apply licenses. 7. Configure network connectivity and test connection to CommandCentral Aware server. 8. Test network connectivity to the Internet. 9. Provide support to configure Analytics Plus scheduling, engineering, and historical data upload. Customer Responsibilities 1. Provide IP address information and verify that network paths are configured. 2. Provide usernames and passwords to be used by Motorola as it configures the equipment. 3. Provide access, and the proper passes,to designated Motorola Solutions personnel that will be supporting the installation. 4. Remove/relocate any existing equipment that is unrelated to Motorola's scope. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions StatemV&6'4/0�3�bf 715 Boynton Beach,FL December 9,2019 5. Provide the network connectivity between the Aware server and all the third party systems identified in this proposal as well as any API/SDKs required for the integration into CommandCentral Aware, including a VPN path or any port forwarding required for the integration. 6. Provide backup power as necessary. 7. Provide and install all communications lines and network equipment and configuration that are not Motorola-provided in accordance with the contract and performance schedule. 8. Provide internet access for the CommandCentral system. 9. Acquire all licensing, site access, or permitting required for project implementation. 10. Provide adequate electrical power and outlets at the site where all the CommandCentral Aware client equipment will be installed and will be compliant with applicable electrical codes. 11. Provide UPS (Uninterruptible Power Supply) at the site where the CommandCentral equipment (server&workstations)will be installed. Completion Criteria • CommandCentral Aware C1oudConnect server installation and configuration is complete. 3.5.2 CommandCentral Aware Workstations Configuration Motorola Responsibilities 1. Install CommandCentral Aware workstation(s) and monitors at designated location. 2. Configure CommandCentral Aware workstation with client software. 3. Connect workstations to the Customer's network switch and configure network connectivity 4. Test connection to CommandCentral Aware cloud connect. 5. Test network connectivity to the internet. Customer Responsibilities 1. Provide sufficient desk space to support the placement of the CommandCentral Aware workstation and monitors. 2. Provide IP addresses for workstation equipment per the design documentation. 3. Provide internet access to the CommandCentral Aware licenses. 4. Provide an antivirus software license(s)for the CommandCentral Aware workstation(s). 5. Provide power with sufficient number of receptacles within 6' feet of the workstation installation area. 6. Provide a single 1 Gigabit network Ethernet port within 6' feet of each workstation installation area. 7. Provide user names, email addresses,phone numbers in order to create CommandCentral Aware user logons for system. Completion Criteria • CommandCentral Aware Workstations configuration is complete. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions StatemV&6'4/0�3drbf 715 Boynton Beach,FL December 9,2019 3.5.3 CommandCentral Aware — Connector Installation & Configuration Motorola Responsibilities 1. Configure the connector data interfaces into CommandCentral Aware. 2. Install CommandCentral Aware VMS connector configuration file on the CommandCentral Virtual Machine. 3. Test that the connectors are operating properly and not adversely affecting other systems. 4. Test the connectors and verify they perform in accordance with the design specifications. Customer Responsibilities 1. Provide access to the sites, as necessary. 2. Provide IP addresses for the third-party systems. 3. Provide any and all logon on credentials for the required systems per Motorola specifications to be provided during the Design Review phase. Completion Criteria • CommandCentral Aware connectors installed and operating in accordance with the design specifications. 3.6 TRAINING 3.6.1 CommandCentral Aware On-Site Training On-site training consists of three (3) days of on-site instructor lead discussion and hands on workshop. On-site training supplements the user learning experience provided by the Motorola Solutions Software Enterprise LMS and is structured to your individual needs. On-site Training is limited to twelve (12) Customer participants. Motorola Solutions Responsibilities 1. Conduct training discovery teleconference with Customer's PM or Training Manager to understand the Customer needs and objectives of Motorola Solutions on-site training. 2. Develop Customer specific curriculum and route to Customer for review and approval. 3. Schedule on-site training 4. Upon completion of on-site training,provide Customer with a Training summary report focusing on suggested Customer actions that will enable greater success in using the CommandCentral Aware features. Customer Responsibilities 1. Participate in the training discovery teleconference. 2. Review and approve the Customer specific curriculum prior to Motorola Solutions scheduling on- site training. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions StatemV&6'4/0�3� of 715 Boynton Beach,FL December 9,2019 3. Provide a classroom and training environment that enables participants to focus on learning without distraction or interruption. The training environment must provide internet access, access to the CommandCentral Aware system and accommodate up to twelve participants. 4. Provide one workstation with three monitors for each participant and one workstation with three monitors for the Motorola Solutions instructor. Completion Criteria Work is considered complete upon conclusion of the on-site instructor led training. 3.6.2 CommandCentral Aware On-Line Training CommandCentral Aware training is also available via Motorola Solutions Software Enterprise Learning Management System (LMS). This subscription service provides you with continual access to our library of on-line learning content and allows your users the benefit of learning at times convenient to them. Content is added and updated on a regular basis to keep information current. All Motorola Solutions tasks are completed remotely and enable the Customer to engage in training when convenient to them LMS Administrators are able to add/modify users, run reports, and add/modify groups within the panorama. Motorola Solutions Responsibilities 1. Initial set up of Panorama* and addition of administrators. 2. Provide instruction to Customer LMS Administrators on: A. Adding and maintaining users B. Adding and maintaining Groups* C. Assign courses and Learning Paths* D. Running reports Customer Responsibilities 1. Provide Motorola with names (first and last) and emails of Customer LMS administrators 2. Provide access to learningservices.motorolasolutions.com 3. Complete LMS Administrator training 4. Advise users of the availability of the LMS 5. Add/modify users, run reports and add/modify groups Completion Criteria Work is considered complete upon conclusion of Motorola Solutions provided LMS Administrator instruction. Panorama-A panorama is an individual instance of the Learning Management System that provides autonomy to the agency utilizing. Groups-A more granular segmentation of the LMS that are generally utilized to separate learners of like function(i.e. dispatchers,call takers,patrol,firefighter). These may also be referred to as clients within the LMS. Learning Path-A collection of courses that follow a logical order,may or may not enforce linear progress. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions StatemV&6'4/0�38bf 715 Boynton Beach,FL December 9,2019 3.6.3 Analytics Plus Onboarding and Training Motorola Responsibilities 1. Schedule 3-day on-site onboarding and training that focuses on: A. Agency Standard Operating Procedure (patrol, intelligence gathering, investigations) B. Policing methodologies and technologies in use by customer agency(DDACTS, ILPS, POP, COP, COMPSTAT) C. Specific job roles and responsibilities and related work tasks (analysis,patrol,reporting) D. Day-to-day activities and administrative/departmental meetings (Command Staff, COMPSTAT, DDACTS Customer Responsibilities 1. Provide Motorola with names (first and last) and emails of Customer LMS administrators 2. Provide access to learningservices.motorolasolutions.com 3. Complete LMS Administrator training Completion Criteria • Verified implementation of Analytics Plus 3.7 COMMANI)CENTRAL FINAL SYSTEM ACCEPTANCE 3.7.1 Acceptance Test Plan (ATP) Motorola Responsibilities 1. Review the acceptance test and procedures with the Customer. 2. Perform acceptance tests with the Customer, including LEX Federated Queries. A. Test name queries (first and last, "Last, First") B. Test license plate queries (plate with State abbreviation for in-state and out-of-state plates, plate with State name for in-state and out-of-state plates) C. Test address search with street address, city, state, zip code) D. Test personal identifier queries (Social Security Number, State ID number, FBI number) 3. Document the results of the acceptance tests and present to Customer for review. 4. If any test as contractually described fails, repeat that particular test after Motorola determines that corrective action has been taken. 5. Prepare documentation of component tests to be delivered as part of the final documentation package. Customer Responsibilities 1. Participate in the Acceptance Test Plan. 2. Provide corrective action on any Customer owned deliverables,within an agreed-upon timeframe. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions StatemV&6'4/0�3dbf 715 Boynton Beach,FL December 9,2019 3. Acknowledge successful completion of the ATP. Completion Criteria • All tests and deliverables for CommandCentral Aware are completed and signed-off by the Customer. 3.7.2 Resolve Punch list Motorola Responsibilities 1. Work with the Customer to resolve punch list items documented during the Acceptance Testing, in order to meet all the criteria for final system acceptance. Customer Responsibilities 1. Assist Motorola with resolution of identified punch list items by providing support, such as access to the sites, equipment and system, and approval of the resolved punch list item(s). Completion Criteria • All punch list items resolved and approved by the Customer. 3.7.3 Finalize Documentation Motorola Responsibilities 1. Provide electronic as-built documentation that includes: A. Functional Acceptance Test Plan test sheets and results B. CommandCentral Solution Configuration/Diagrams C. System password list D. System IP Plan E. Customer Responsibilities 2. Receive and approve all documentation provided by Motorola. Completion Criteria • All required documentation is provided and approved by the Customer. 3.7.4 Final Acceptance • All deliverables completed, as contractually required. • Written acknowledgement of Final System Acceptance received from Customer. 3.8 CHANGE ORDER PROCESS 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 all three,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. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Stateme"ff9r154b1(bf 715 Boynton Beach,FL December 9,2019 3.9 PRELIMINARY SCHEDULE The preliminary estimate for completion is three to five months,pending date of purchase and manufacturing lead times. A final schedule will be developed during the project kickoff activities. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Stateme"ff9r'541'bf 715 Boynton Beach,FL December 9,2019 SECTION 4 CONSULTING/OPERATIONAL SERVICES 4.1 CONSULTING / PROFESSIONAL SERVICES OVERVIEW As technology continues to evolve,public entities are faced with the challenge of providing improved services to their user communities while controlling operating cost. As a leading provider of mission critical communications equipment, integrated public safety solutions, and professional services consulting engagements, Motorola is committed to providing you with a professional service's driven engagement that offers our operational expertise,tools and systems designed to help achieve your strategic goals according to the priorities laid out in the system description section of this proposal. 4.2 COMMANDCENTRAL AWARE AND ANALYTICS PLUS ONBOARDING SERVICES CommandCentral Aware Onboarding provides customers with a personalized experience during their first weeks as a CommandCentral Customer. From the initial integration of the Agency's data clear through to customized Agency-Specific instruction, CommandCentral Onboarding ensures new customers have a successful start with their CommandCentral services. The Customer will receive individualized assistance throughout the onboarding and data integration phases. CommandCentral Aware Onboarding will provide the Customer's personnel with the knowledge to operate and customize CommandCentral Aware within their agency. This includes understanding how to identify and distribute incident-relevant intelligence from aggregated data, query and video sources to first responders in real time, and proactively identify issues before they escalate. 4.3 COMMANDCENTRAL OPERATIONAL INTEGRATION CommandCentral Operational Integration provides customized professional services through tailored engagements that seek to enable a higher level of data-driven competency within an agency. This service engagement provides agency personnel with the processes, skills, and knowledge necessary to effectively integrate individual CommandCentral products into all aspects of their policing activities. Upon completion of the engagement,users will be equipped to use CommandCentral products to improve the effectiveness and positive outcomes of police operations. Boynton Beach,FL December 9,2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Consulting/Operation08"8"YgN bf 715 Boynton Beach, FL December 9,2019 SECTION 5 SUPPORT 5.1 TECHNICAL SUPPORT OPERATIONS Technical Support is available Monday -Friday 7:00am- 7:00pm Central Time and 24 hours a day, 7 days a week for Severity 1 incidents. Severity level response goals are outlined below. Calls requiring incidents or service requests will be logged in Motorola's Customer Relationship Management (CRM) system. This helps ensure that technical issues are prioritized,updated,tracked and escalated as necessary. 5.2 TECHNICAL SUPPORT SCOPE Technical support service is available Monday -Friday 7:00 am - 7:00 pm Central Time except for Severity 1 incidents for which support service is available 24 hours a day, 7 days a week. See Severity Level Definitions below. Table 5-1: Severity Level Definitions and Response Times 1 Total System Failure Telephone Critical production issue that severely impacts use of conference within 1 the application. The situation halts business operations Hour of initial voice and no procedural workaround exists. This level is notification. meant to represent a major issue which results in an unusable system. Service is down and unavailable. Major corruption or loss of data requiring restoration from backup. A critical documented feature or function is not available. 2 Critical System Failure Telephone Major functionality is impacted or significant conference within 3 performance degradation is experienced. The situation Business Hours of is causing a high impact to portions of customer initial voice operations and no reasonable workaround exists. This notification during level is meant to represent a major issue which limits a normal business customer's normal use of the system. However, basic hours. functionality remains intact. Service is operational but highly degraded performance to the point of major impact on usage. Important features of the application are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions P4§W'4 bf 715 Boynton Beach, FL December 9,2019 • IN I ® • 3 Non-Critical System Failure Telephone There is a non-critical or partial loss of use of the conference or email service secondary to a failure of a service of the response within 8 application or component of the system with a Business Hours of medium-to-low impact on the customer. Primary initial notification operations continue to function. This level is meant to during normal represent a minor issue which does not preclude the business hours. use of the system. 4 Cosmetic/Inconvenience Telephone Inquiry regarding a routine technical issue; information conference or email requested on application capabilities, navigation, response within 2 installation or configuration; functionality enhancement Standard Business request; bug affecting small number of users. Days of initial Acceptable workaround is available: notification. General use questions Cosmetic issues System updates Feature requests CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions P4§W'4 bf 715 Boynton Beach, FL December 9,2019 SECTION 6 PRICING SUMMARY 6.1 PROPOSAL PRICING • ® ® 1 11 CLOUDCONNECT ON-PREMISE SERVER 1 $13,200.00 $13,200.00 AWARE HOSTED VIDEO- MID-TIER 1 $30,400.00 $30,400.00 CONNECTOR: MOTOROLA SOLUTIONS 1 $0.00 $0.00 PREMIERONE CONNECTOR: AVIGILON ACC CONNECTOR 1 $0.00 $0.00 CONNECTOR: CINTEL LPR 1 $5,000.00 $5,000.00 AWARE WORKSTATION - HP INC. : HP Z6G4T X6136 1 $10,409.00 $10,409.00 WITH 5 YEAR WARRANTY HP Z27N G2 LED 271N MONITOR 3 $598.00 $1,794.00 COM MAN DCENTRAL AWARE OPERATIONAL 1 $19,271.00 $19,271.00 INTEGRATION ENGINEERING SI - INTEGRATION 1 $113,479.00 $113,479.00 PROJECT MANAGEMENT SI - INTEGRATION 1 $98,937.00 $98,937.00 ANALYTICS PLUS ONE TIME SET UP FEE 1 $799.00 $799.00 ANALYTICS PLUS SUBSCRIPTON 1 $20,550.00 $20,550.00 COMMANDCENTRAL ANALYTICS ONBOARDING 4 $450.00 $1,800.00 PROJECT MANAGEMENT SI - INTEGRATION 1 $12,390.00 $12,390.00 TIPSUBMIT SUBSCRIPTION SERVICE 1 $3,999.00 $3,999.00 COMMANDCENTRAL CAMERA REGISTRATION $0.00 $0.00 NEW CRIME REPORTS PLUS SUBSCRIPTION $3,000.00 $3,000.00 1 $167,143.00 $167,143.00 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Pricin#jgNag46bf 715 Boynton Beach, FL December 9,2019 VMS and FILE BASED IMPORT. 100 CAMERA 1 $183,086.00 $183,086.0 LICENSES INCLUDING FORENSICS, DATA REPORTING and LIVE ANALYTICS, 5 CONCURRENT CLIENT LICENSES WITH 1 YEAR SMA, 1 BRIEFCAM SERVER, IMPLEMENTATION PROFESSIONAL SERVICES 7 ONLINE TRAINING SUBTOTAL $685,257.00 System Discount $136,257.00 Th e Incentive Discount Year One $19,757.00 GRAND TOTAL $529,243.00 6.2 MOTOROLA COMMANI)CENTRAL SOLUTION PAYMENT OPTIONS - PHASE 1 1 1 1 Payments based on a down $145,354 $145,354 $145,354 $145,354 $145,354 payment of$ 233,930 Payments based on down $93,503 $93,503 $93,503 $93,503 $93,503 payment of$465,860 First payment due one year after contact execution. Includes all costs. 6.3 SUBSCRIPTION PRICING CommandCentral Aware $35,400 $35,400 $35,400 $35,400 $141,600 w/Connectors CommandCentral Analytics $17,467 $17,467 $17,467 $17,467 $69,868 Plus TipSubmit $3,999 $3,999 $3,999 $3,999 $15,996 CrimeReports Plus $3,000 $3,000 $3,000 $3,000 $12,000 Briefcam SW Maintenance & $22,500 $22,500 $22,500 $22,500 $90,000 Upgrades Five Points -Annual $12,600 $12,600 $12,600 $12,600 $50,400 Maintenance CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Pricin#jgNag46?Df 715 Boynton Beach, FL December 9,2019 • m Time Incentive Discount $4,939 $4,939 $4,939 $4,939 $19,756 Years 2-• • * Note—The time incentive discount is based on a signed'executable contract by December 27, 2019. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Pricin#jgNag4fbf 715 Boynton Beach, FL December 9,2019 SECTION 7 TERMS AND CONDITIONS The Communications Products Agreement is on the following pages. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Pgd�orW bf 715 Boynton Beach, FL December 9,2019 Communications Products Agreement Motorola Solutions, Inc. ("Motorola") and the City of Boynton Beach, Florida ("Customer") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the Products, 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 the exhibits will be resolved in their listed order. Exhibit A Motorola "Software License Agreement" Exhibit B Payment Schedule Exhibit C Motorola Proposal/Quote dated December 9, 2019 Exhibit D Subscription Services Addendum Exhibit D-1 Addendum to Subscription Services Agreement Exhibit E LexisNexis Master Terms & Conditions Exhibit F LexisNexis Risk Solutions Government Application Exhibit G LexisNexis Non-FCRA Permissible Use Certification - Government Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Confidential Information" means all information consistent with the fulfillment of this agreement that is (i) disclosed under this agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or(ii) obtained by examination,testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient. The nature and existence of this agreement are considered Confidential Information. Confidential information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. 2.2. "Contract Price" means the price for the Products, excluding applicable sales or similar taxes and freight charges. 2.3. "Effective Date" means that date upon which the last Party executes this Agreement. 2.4. "Equipment" means the equipment listed in the List of Products that Customer purchases from Motorola under this Agreement. 2.5. "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). 2.6. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright. 2.7. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.8. "Non-Motorola Software" means Software that another party owns. 2.9. "Open Source Software" (also called "freeware" or"shareware") software with either freely obtainable source code, license for modification, or permission for free distribution. 2.10. "Products" mean the Equipment and Software provided by Motorola under this Agreement. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Pgd�or546?Df 715 Boynton Beach, FL December 9,2019 2.11. "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. 2.12. "Software"means the Motorola Software and Non-Motorola Software in object code format that is furnished with the Products. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide and install (if applicable) the Products, 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. 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 expiration of the Warranty Period. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. During the Term of this Agreement, 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, and payment terms)will govern the purchase and sale of the additional Equipment or Software. Payment is due within thirty (30) days after the invoice date, and 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 https:Hbusinessonline.motorola.com and the MOL telephone number is (800) 814-0601. 3.5. MAINTENANCE SERVICE. This Agreement does not cover maintenance or support of the Products except as provided under the warranty. If Customer wishes to purchase maintenance or support, Motorola will provide a separate maintenance and support proposal upon request. 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. 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 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Pgd�or556 bf 715 Boynton Beach, FL December 9,2019 the Priced Options exhibit. Customer may exercise this option by giving written notice to Motorola 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. Section 4 PERFORMANCE SCHEDULE Motorola will perform services in accordance with Exhibits C and D. Section 5 CONTRACT PRICE, PAYMENT,AND INVOICING 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is_$549,000.00_ 5.2. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment Schedule in Exhibit B. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36- 1115800. 5.3 FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. 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): The address for the final 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. If Motorola is providing installation or other services, Customer will provide all necessary construction and building permits, licenses, and the like; and access to the work sites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its contractual duties. 6.2. SITE CONDITIONS. If Motorola is providing installation or other services at Customer's sites, Customer will ensure that these work sites 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; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the Products. Section 7 ACCEPTANCE Acceptance of the Products will occur upon delivery to Customer unless the Statement of Work provides for acceptance verification or testing, in which case acceptance of the Products will occur upon successful completion of the acceptance verification or testing. Notwithstanding the preceding sentence, Customer's use of the Products for their operational purposes will constitute acceptance. Section 8 REPRESENTATIONS AND WARRANTIES CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Pgd�or55f$f 715 Boynton Beach, FL December 9,2019 8.1. The Warranty Period is one (1) year from the date of shipment of the Products. 8.2. 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 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. 8.3. 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 that are applicable to the Motorola Software. If Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes within Customer's control,this warranty expires eighteen (18) months after the shipment of the Motorola Software. TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. 8.4. 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. 8.5. 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. 8.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the Products for commercial, industrial, or governmental use only, and are not assignable or transferable. 8.7. 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. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 9 DELAYS 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. Section 10 DISPUTES The Parties will use the following procedure to address any dispute arising under this Agreement (a "Dispute"). CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Pgd�or55L±bf 715 Boynton Beach, FL December 9,2019 10.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. 10.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2)direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. 10.3 MEDIATION. The Parties will choose an independent mediator within thirty(30)days of a notice to mediate from either Party ("Notice of Mediation"). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. 10.4. LITIGATION,VENUE and JURISDICTION. If a Dispute remains unresolved for sixty(60)days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the State of Florida. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement. 10.5. CONFIDENTIALITY. All communications pursuant to subsections 10.2 and 10.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party. Section 11 DEFAULT AND TERMINATION 11.1. 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 the 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. If the non-performing Party fails to cure the default, the performing Party may terminate any unfulfilled portion of this Agreement and recover damages as permitted by law and this Agreement. 11.2. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed. Section 12 PATENT AND COPYRIGHT INFRINGEMENT INDEMNIFICATION 12.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third- party claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Motorola Product") directly infringes a United States patent or copyright ("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. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 12.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or(c)accept CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Pgd�or55t rbf 715 Boynton Beach, FL December 9,2019 the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. 12.3. 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. 12.4. This Section 12 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 12 are subject to and limited by the restrictions set forth in Section 13. Section 13 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. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. Section 14 CONFIDENTIALITY 14.1. Each party is a disclosing party ("Discloser") and a receiving party ("Recipient") under this agreement. All Deliverables will be deemed to be Motorola's Confidential Information. During the term of this agreement and for a period of three (3) years from the expiration or termination of this agreement, 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 of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents 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 copy, reproduce, 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 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. 14.2. 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 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Pgd�or55�Of 715 Boynton Beach, FL December 9,2019 independently developed by Recipient without the use of any of Discloser's Confidential Information or any breach of this agreement. 14.3. 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. SECTION 15 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. Customerwill 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 othersoftware, reproduce, 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 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 twenty (20) 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. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment,delegation,or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses(each a"Separated Business"),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may,without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 16.3 WAIVER. Failure or delay by either Party to exercise any 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 only 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 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Pgd�or559 bf 715 Boynton Beach, FL December 9,2019 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; CONSTRUCTION. 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. 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 executed in multiple 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. 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. 16.8. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either delivered personally 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: City of Boynton Beach Motorola Solutions, Inc. Attn: Attn: Judy Jean-Pierre, Sr. Counsel Legal, Government Affairs &Corporate Communications 500 West Monroe Street, 43rd Street Chicago, IL 60661 16.9. 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. 16.10. 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 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. 16.11. 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 10 (Disputes); Section 13 (Limitation of Liability); Section 14 (Confidentiality); Section 15 (Motorola's Proprietary Rights); and all of the General terms in this Section 16. 16.12. SCRUTINIZED COMPANIES. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and Pgd�or556bf 715 Boynton Beach, FL December 9,2019 provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 16.13. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GI SONCP_ FLUS CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69t577 bf 715 Boynton Beach, FL December 9,2019 The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions, Inc. City of Boynton Beach, FL By: By: Name: Name: Title: Title: Date: Date: CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tEVbf 715 Boynton Beach, FL December 9,2019 Exhibit A SOFTWARE LICENSE AGREEMENT This Exhibit A Software License Agreement ("Agreement") is between Motorola Solutions, Inc. ("Motorola") and the City of Boynton Beach, Florida ("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 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 underthis 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). CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tEVbf 715 Boynton Beach, FL December 9,2019 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 Customer Programming Software ("CPS"), Licensee must purchase a separate license for each location at which Licensee uses CPS. Licensee's use of CPS at a licensed location does not entitle Licensee to use or access CPS remotely. Licensee may make one copy of CPS for each licensed location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or intends to use CPS 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 Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 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. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tdAf 715 Boynton Beach, FL December 9,2019 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 to a third party, Licensee may assign its right to use the Software (other than RSS and Motorola's FLASHport@ 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 forwhich 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 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and 69t(61%f 715 Boynton Beach, FL December 9,2019 (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. 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. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tdYbf 715 Boynton Beach, FL December 9,2019 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. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69t&bf 715 Boynton Beach, FL December 9,2019 Exhibit B PAYMENT SCHEDULE Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones. 1. 30%due upon contract execution; 4. 50%of the Contract Price upon shipment of equipment; and 5. 20%of the Contract Price upon final acceptance. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tEW& 715 Boynton Beach,FL December 9,2019 EXHIBIT C Motorola's Proposal/Quote dated December 9, 2019 CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tdSlbf 715 Boynton Beach, FL December 9,2019 Exhibit D SUBSCRIPTION SERVICES ADDENDUM This Addendum to the Communications System and Services Agreement or other previously executed and currently in force Agreement, as applicable ("Primary Agreement") provides additional or different terms and conditions to govern the sale of Subscription Services ("Addendum"). The terms in this Addendum are integral to and incorporated into the Primary Agreement signed by the Parties. The terms of the Addendum, including addendums, exhibits, and attachments combined with the terms of any applicable Incorporated Documents will govern the products and services offered pursuant to this Addendum. To the extent there is a conflict between the terms and conditions of the Addendum and the terms and conditions of the applicable Incorporated Documents, the Incorporated Documents take precedence. 1. DEFINITIONS All capitalized terms not otherwise defined in this Addendum shall have the same meaning as defined in the Primary Agreement. Any reference to the purchase or sale of software or other Intellectual Property shall mean the sale or purchase of a license or sublicense to use such software or Intellectual Property in accordance with this Addendum. "Administrator" means Customer's designated system administrator who receives administrative logins for the Subscription Services and issues access rights to Customer's Users. "Anonymized" means having been stripped of any personal or correlating information revealing original source or uniquely identifying a person or entity. "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 Addendum, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Addendum; or is explicitly approved for release by written authorization of the disclosing Party. "Customer Data" means Native Data provided by Customer to Motorola hereunder to be processed and used in connection with the Subscription Services. Customer Data does not include data provided by third parties and passed on to Motorola. "Documentation" means the technical materials provided by Motorola to Customer in hard copy or electronic form describing the use and operation of the Solution and Software, including any technical manuals, but excluding any sales, advertising or marketing materials or proposals. "Effective Date" means, as applicable, the date of the last signature to include this Addendum., unless access to the Subscription Service occurs later, in which case, the Effective Date will be the date when Customer first has access to the Subscription Services. "Feedback" means comments or information, in oral or written form, given to Motorola by Customer, in connection with or relating to the Solution and Subscription Services. "Force Majeure"which means an event, circumstance, or act that is beyond a Party's reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause. "Licensed Product" means 1) Software, whether hosted or installed at Customer's site, 2) Documentation; 3) associated user interfaces; 4) help resources; and 5) any related technology or other services made available by the Solution. "Native Data" means data that is created solely by Customer or its agents. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tEWbf 715 Boynton Beach, FL December 9,2019 "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, ideas and concepts, moral rights, processes, methodologies, tools, techniques, and other intellectual property rights. "Software" means the Motorola owned or licensed off the shelf software programs delivered as part of the Licensed Products used to provide the Subscription Services, including all bug fixes, updates and upgrades. "Solution" means collectively, the Software, servers and any other hardware or equipment operated by Motorola and used in conjunction with the Subscription Services. "Statement of Work" If included,the Statement of Work("SOW')describes the Subscription Services, Deliverables (if any), Licensed Products and Solution that Motorola will provide to Customer under this Addendum, and the other work-related responsibilities that the parties owe to each other. The Statement of Work may contain a performance schedule. "Subscription Services" or "Services" means those subscription services to be provided by Motorola to Customer under this Addendum, the nature and scope of which are more fully described in the Documentation, proposal, SOW, or other Solution materials provided by Motorola, as applicable. "Users" means Customer's authorized employees or other individuals authorized to utilize the Subscription Services on behalf of Customer and who will be provided access to the Subscription Services by virtue of a password or equivalent security mechanism implemented by Customer. 2. SCOPE 2.1 Subscription Services. Motorola will provide to Customer the Subscription Services and Deliverables (if any). As part of the Subscription Services, Motorola will allow Customer to use the Solution described in the Statement of Work, Documentation, proposal, or other Solution materials provided by Motorola ("Incorporated Document(s)"), as applicable. Some Subscription Services will also be subject to additional terms unique to that specific Subscription Service. Such additional terms will be set forth in a Statement of Work, as applicable. In the event of a conflict between an Addendum and a Statement of Work, , the Addendum will govern resolution of the conflict. Motorola and Customer will perform their respective responsibilities as described in this Addendum and Statement of work and any applicable Incorporated Documents. 2.2 Changes. Customer may request changes to the Services. If Motorola agrees to a requested change,the change must be confirmed in writing and signed by authorized representatives of both parties. A reasonable price adjustment will be made if any change affects the time of performance or the cost to perform the Services. 2.3 Non-solicitation. During the term of this Addendum and for twelve (12) months thereafter, Customer will not actively solicit the employment of any Motorola personnel who is involved directly with providing any of the Services. 3. TERM 3.1 Term. Unless a different Term is set forth in the Primary Agreement, or the Incorporated Documents, the Term of this Agreement begins on the Effective Date and continues for twelve (12) months. The Agreement renews automatically annually on the anniversary of the Effective Date, unless either Party notifies the other of its intention to not renew the Addendum at least thirty (30) days before the anniversary date or until termination by either Party in accordance with the Termination section of the Addendum. 3.2 Minimum Initial Term. For certain Subscription Services, a minimum initial term greater than one year may be required ("Minimum Initial Term"). Following the Minimum Initial Term, this Addendum will automatically renew upon each anniversary of the Effective Date for a successive renewal term of the same duration as the Minimum Initial Term, unless either Party: 1) notifies the other of its intention to not renew the Addendum (in whole or part) at least thirty (30) days before the anniversary date; 2) requests an alternate term; or 3) terminates in accordance with the termination provision in the Addendum, including non-payment of fees for the renewal period by the anniversary date. 3.3 Renewals. The terms and conditions of the Addendum will govern any renewal periods. 4. CUSTOMER OBLIGATIONS. Customer will fulfill all of its obligations in this Addendum, including CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and 69t6�2bf 715 Boynton Beach, FL December 9,2019 applicable Statement(s) of Work and Incorporated Documents in a timely and accurate manner. Failure to do so may prevent Motorola from performing its responsibilities. 4.1 Access. To enable Motorola to perform the Subscription Services,Customerwill provide to Motorola reasonable access to relevant Customer information, personnel, systems, and office space when Motorola's employees are working on Customer's premises, and other general assistance. Further, if any equipment is installed or stored at Customer's location in order to provide the Subscription Services, Customer will provide, at no charge, a non-hazardous environment with adequate shelter, heat, light, power, security, and full and free access to the equipment. 4.2 Customer Information. If the Documentation, Statement of Work, proposal, or other related documents contain assumptions that affect the Subscription Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Subscription Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management and third party approvals or consents that are reasonably necessary for Motorola to perform the Subscription Services and its other duties under this Addendum. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph. 4.3 Risk of Loss. If any portion of the Solution resides on Customer premises or is under Customer's control in anyway,Customer shall at all times exercise reasonable care in using and maintaining the Solution in accordance with Motorola's instructions for proper use and care. Risk of loss to any equipment in Customer's possession will reside with Customer until removed by Motorola or its agent or returned by Customer. Customer will be responsible for replacement costs of lost or damaged equipment, normal wear and tear excluded. 4.4 Equipment Title. Unless Customer is purchasing equipment pursuant to the terms in the Primary Agreement and unless stated differently in this Addendum or in the Incorporated Documents,title to any equipment provided to Customer in connection with the Subscription Services remains vested in Motorola at all times.Any sale of equipment pursuant to this Addendum will be governed by the terms and conditions set forth in the Primary Agreement. 4.5 Enable Users.Customerwill properly enable its Users to use the Subscription Services, including providing instructions for use, labeling, required notices, and accommodation pursuant to applicable laws, rules, and regulations. Unless otherwise agreed in the Incorporated Documents, Customer will train its Users on proper operation of the Solution and Licensed Products. Customer agrees to require Users to acknowledge and accept the limitations and conditions of use of the Licensed Products in this Addendum prior to allowing Users to access or use Subscription Services. 4.6 Non-preclusion. If, as a result of the Subscription Services performed under this Addendum, Motorola recommends that Customer purchase products or other services, nothing in this Addendum precludes Motorola from participating in a competitive opportunity or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies. 5. Subscription Fees. 5.1 Recurring Fees. Unless stated differently in an applicable Statement of Work, Incorporated Documents or otherwise arranged in writing with Motorola, Services will be provided in exchange for annual pre-paid Subscription Fees. Motorola will submit an invoice for the first year of subscription fees on the Effective Date. On each anniversary of the Effective Date, Motorola will issue an invoice for the annual subscription fees for the following year. 5.1.1 No Purchase Order Requirement. For a Subscription Services Term exceeding one year, Customer affirms that a purchase order or notice to proceed is not required for Motorola to proceed with the entire scope of work described in the Incorporated Documents for subsequent years, including but not limited to multi-year subscription agreements. 5.2 Start Up Fees. Start up fees apply to certain Subscription Services. If the Subscription Service includes CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and69tdE'bf 715 Boynton Beach, FL December 9,2019 start up fees, Motorola will submit an invoice for the start up fees on the Effective Date. 5.3 Fee Change. Motorola reserves the right to change the subscription fees at the end of each Subscription Services Term. Except for any payment that is due on the Effective Date, Customerwill make payments to Motorola within thirty (30) days after the date of each invoice. Motorola reserves the right to terminate Service for non- payment of fees. 5.4 No Price Guarantee. Notwithstanding any language to the contrary, the pricing and fees associated with this Addendum will not be subject to any most favored pricing commitment or other similar low price guarantees. 5.5 Taxes. The Subscription Fees and start up fees do 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 those taxes, it will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Motorola will be solely responsible for reporting taxes on its income or net worth. 6. ACCEPTANCE; SCHEDULE; FORCE MAJEURE 6.1 Acceptance. The Licensed Products will be deemed accepted upon the delivery of usernames and passwords or other validation mechanism to Customer. If usernames and passwords have been issued to Customer prior to the Effective Date, the Licensed Products will be deemed accepted on the Effective Date. 6.2 Schedule. All Subscription Services will be performed in accordance with the performance schedule included in the Statement of Work, or if there is no performance schedule, within a commercially reasonable time period. 6.3 Force Majeure. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. Each Party will notify the other in writing if it becomes aware of any Force Majeure that will significantly delay performance. The notifying Party will give the notice promptly (but in no event later than fifteen (15) days) after it discovers the Force Majeure. 7. LIMITED LICENSE 7.1 Licensed Products. Use of the Licensed Products by Customer and its Users is strictly limited to use in connection with the Solution or Subscription Services during the Term. Customer and Users will refrain from, and will require others to refrain from, doing any of the following with regard to the Software in the Solution: (i) directly or indirectly, by electronic or other means, copy, modify, or translate the Software; (ii) directly or indirectly, by electronic or other means, reproduce, reverse engineer, distribute, sell, publish, commercially exploit, rent, lease, sublicense, assign or otherwise transfer or make available the Licensed Products or any part thereof to any third party, or otherwise disseminate the Licensed Product in any manner; (iii) directly or indirectly, by electronic or other means, modify, decompile, or disassemble the Software or part thereof, or attempt to derive source code from the Software; or (iv) remove any proprietary notices, labels, or marks on the Software or any part of the Licensed Products. Motorola Solutions reserves all rights to the Software and other Licensed Products not expressly granted herein, including without limitation, all right, title and interest in any improvements or derivatives conceived of or made by Motorola that are based, either in whole or in part, on knowledge gained from Customer Data. Customer agrees to abide by the copyright laws of the United States and all other relevant jurisdictions, including without limitation,the copyright laws where Customer uses the Solution. Customer agrees to immediately cease using the Solution if it fails to comply with this paragraph or any other part of this Addendum. If Software is subject to a click wrap, end user license agreement or is otherwise packaged with or subject to a separate end user license, such license will apply to the use of Software and Licensed Product. 7.2 Proprietary Rights. Regardless of any contrary provision in this Addendum, Motorola or its third party providers own and retain all of their respective Proprietary Rights in the Software, Solution, and Licensed Product. Nothing in this Addendum is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing Services to Customer remain vested exclusively in Motorola, and this Addendum does not grant to Customer any shared development rights of intellectual property. No custom development work is to be performed under this Addendum. 8. DATA AND FEEDBACK CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69td�bf 715 Boynton Beach, FL December 9,2019 8.1 Solution Data. To the extent permitted by law, Motorola, its vendors and licensors are the exclusive owners of all right, title, and interest, in and to the Solution Data, including all intellectual property rights therein. Motorola grants Customer a personal, royalty-free, non-exclusive license to: (i) access, view, use, copy, and store the Solution Data for its internal business purposes and, (ii)when specifically permitted by the applicable Statement of Work, publish Solution Data on its websites for viewing by the public. 8.2 Customer Data. To the extent permitted by law, Customer retains ownership of Customer Data. Customer grants Motorola and its subcontractors a personal, royalty-free, non-exclusive license to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data for the purpose of providing the Subscription Services to Customer, other Motorola Customers and end users, including without limitation,the right to use Customer Data forthe purpose of developing new or enhanced solutions. In addition to the rights listed above, Customer grants Motorola a license to sell an Anonymized version of Customer Data for any purpose. 8.3 Feedback. Any Feedback given by Customer is entirely voluntary and, even if designated as confidential, will create no confidentiality obligation for Motorola. Motorola is free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer acknowledges that Motorola's receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea.The parties further agree that all fixes, modifications and improvement to the Licensed Product or Subscription Service conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Licensed Product or Subscription Service will vest solely in Motorola. 9 WARRANTY 9.1 "AS IS". THE SOLUTION AND SUBSCRIPTION SERVICES ARE PROVIDED "AS IS". MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, "Recommendations"). Motorola makes no warranties concerning those Recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the Recommendations and the results to be realized from implementing them. 9.2 Availability and Accuracy. Customer acknowledges that functionality of the Solution as well as availability and accuracy of Solution Data is dependent on many elements beyond Motorola's control, including databases managed by Customer or third parties and Customer's existing equipment, software, and Customer Data. Therefore, Motorola does not guarantee availability or accuracy of data, or any minimum level of coverage or connectivity. Interruption or interference with the Subscription Services or Solution may periodically occur. Customer agrees not to represent to any third party that Motorola has provided such guarantee. 9.3 Equipment Sale. Warranty for any equipment sold pursuant to this Addendum will be set forth in the Primary Agreement. 10. DISCLAIMERS 10.1 Existing Equipment and Software. If Customer's existing equipment and software is critical to operation and use of the Subscription Services, Customer is solely responsible for supporting and maintaining Customer's existing equipment and software. Connection to or interface with Customer's existing equipment and software may be required to receive Subscription Services. Any failures or deficiencies of Customer's existing equipment and software may impact the functionality of the Solution and the Subscription Services to be delivered. Any vulnerabilities or inefficiencies in Customer's system may also impact the Solution and associated Subscription Services. 10.2 Privacy. Customer bears sole responsibility for compliance with any laws and regulations regarding tracking; location based services; gathering, storing, processing, transmitting, using or misusing; or otherwise handling personally identifiable information ("PII"), including information about Users of the Solution or citizens in the general public. Further, it is Customer's sole responsibility to comply with any laws or regulations prescribing the measures to be taken in the event of breach of privacy or accidental disclosure of any PII. Enacting and enforcing any internal privacy policies for the protection of PII, including individual disclosure and consent mechanisms, limitations on use of the information, and commitments with respect to the storage, use, deletion and CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tfAf 715 Boynton Beach, FL December 9,2019 processing of PII in a manner that complies with applicable laws and regulations will be Customer's sole responsibility. Motorola will not evaluate the sufficiency of such policies and disclaims any responsibility or liability for privacy practices implemented by Customer, or lack thereof. Customer acknowledges and agrees that Subscription Services and the Solution are not designed to ensure individual privacy. Customer will inform Users that the Solution may enable visibility to PII, as well as physical location of individuals. Further, if the Solution or Subscription Services are available to the general public pursuant to this Addendum, Customer will provide the appropriate privacy notification. Neither Motorola nor Customer can provide any assurance of individual privacy in connection with the Solution. Further, Customer is solely responsible for determining whether and how to use data gathered from social media sources for the purpose of criminal investigations or prosecution. Customer will hold Motorola harmless from any and all liability, expense,judgment, suit, or cause of action, which may accrue against Motorola for causes of action for damages related to tracking, location based services, breach of privacy, and the use or misuse of PII provided that Motorola gives Customer prompt, written notice of any such claim or suit. Motorola shall cooperate with Customer in its defense or settlement of such claim or suit. 10.3 Social Media. If Customer purchases Subscription Services that utilize social media, Customer acknowledges and agrees that such Subscription Services are not designed to ensure individual privacy. In such case, Customer will inform Users that the Solution and Subscription Services may enable visibility to PII, as well as physical location of individuals. Further, if the Solution or Subscription Services are available to the general public pursuant to this Addendum, Customer will provide the appropriate privacy notification. Neither Motorola nor Customer can provide any assurance of individual privacy in connection with the Solution or Subscription Services utilizing social media. Further, Customer is solely responsible for determining whether and how to use data gathered from social media sources for the purpose of criminal investigations or prosecution. Customer will hold Motorola harmless from any and all liability, expense,judgment, suit, or cause of action, which may accrue against Motorola for causes of action for damages related to tracking, location based services, breach of privacy, and the use or misuse of PII provided that Motorola gives Customer prompt, written notice of any such claim or suit. Motorola shall cooperate with Customer in its defense or settlement of such claim or suit. 10.4 Misuse. Motorola reserves the right to discontinue service at any time without notice to Users that misuse the Service,jeopardize the Licensed Product or public safety in any way. 11. LIMITATION OF LIABILITY 11.1 Liability Limit. Except for personal injury or death, Motorola's total liability,whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Subscription Services provided under this Addendum. 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, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS ADDENDUM OR THE PERFORMANCE OF THE SUBSCRIPTION SERVICES BY MOTOROLA. This limitation of liability provision survives the expiration or termination of this Addendum and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Addendum may be brought more than one (1)year after the accrual of the cause of action, except for money due upon an open account. 11.2 Additional Disclaimers. MOTOROLA DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND ALL LOSS OR COSTS OF ANY KIND ASSOCIATED WITH 1) THE INTERRUPTION, INTERFERENCE OR FAILURE OF CONNECTIVITY, VULNERABILITIES OR SECURITY EVENTS, WHETHER OR NOT THEY ARE DISCOVERED BY MOTOROLA; 2) PERFORMANCE OF CUSTOMER'S EXISTING EQUIPMENT AND SOFTWARE OR ACCURACY OF CUSTOMER DATA; 3) IF ANY PORTION OF THE SOLUTION OR LICENSED PRODUCT RESIDES ON CUSTOMER'S PREMISES, DISRUPTIONS OF AND/OR DAMAGE TO CUSTOMER'S OR A THIRD PARTY'S INFORMATION SYSTEMS, EQUIPMENT, AND THE INFORMATION AND DATA, INCLUDING, BUT NOT LIMITED TO, DENIAL OF ACCESS TO A LEGITIMATE SYSTEM USER, AUTOMATIC SHUTDOWN OF INFORMATION SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE, OR FAILURE OF THE INFORMATION SYSTEM RESULTING FROM THE PROVISION OR DELIVERY OF THE SERVICE; 4) AVAILABILITY OR ACCURACY OF SOLUTION DATA; 5) INTERPRETATION, USE OR MISUSE IN ANY WAY OF SOLUTION DATA; 6) IMPLEMENTATION OF RECOMMENDATIONS PROVIDED IN CONNECTION WITH CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tfftf 715 Boynton Beach, FL December 9,2019 THE SUBSCRIPTION SERVICES; 7) TRACKING, AND LOCATION BASED SERVICES, BREACH OF PRIVACY, AND THE USE OR MISUSE OF PERSONALLY IDENTIFIABLE INFORMATION. 11.3 Essential term. The parties acknowledge that the prices have been set and the Addendum entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties. 12 DEFAULT AND TERMINATION 12.1 Default By a Party. If either Party fails to perform a material obligation under this Addendum, 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, detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Addendum 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 Addendum. In the event of a 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 Addendum as permitted by this Section, and procures the Services through a third party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to procure the Services (but not additional or out of scope services) less the unpaid portion of the Contract Price. Customer agrees to mitigate damages and provide Motorola with detailed invoices substantiating the charges. 12.3 No Refund. If a subscription is terminated for any reason prior to the end of the Subscription Services Term or other subscription period set forth in the Incorporated Documents or otherwise agreed to in writing by the Parties, no refund or credit will be provided. 12.4 Cancellation Fee. If an Initial Minimum Term applies and Customer terminates prior to the end of the Initial Minimum Term, Customer will be required to pay a cancellation fee of up to fifty percent (50%) of the remaining balance of subscription fees for the Initial Minimum Term. 12.5 Return of Discount. If Customer is afforded a discount in exchange for a term commitment longer than one year, early termination will result in an early termination fee, representing a return of the discount off of list price. 12.6 Return Confidential Information. Upon termination or expiration of the Addendum, Customer will return or certify the destruction of all Confidential Information and Solution Data. 12.7 Connection Terminated. Certain Subscription Services require a connection to Customer systems to access Customer Data (e.g. predictive or analytic services). Upon termination, connection to relevant data sources will be disconnected and Motorola will no longer extract any Customer Data. 12.8 Equipment Return. Any equipment provided by Motorola for use with the Subscription Services, must be returned within thirty(30)days of the date of termination, at Customer's expense. If equipment is not returned within this time frame, Motorola reserves the right to invoice the Customer for the purchase price of the unreturned equipment. 12.9 Five Year Term. Motorola provides equipment for use in connection with certain Subscription Services. Upon expiration and non-renewal of a five (5) year subscription Term, Title to the equipment will automatically transfer to Customer upon the subscription expiration date. 13. DISPUTES 13.1. Settlement. The parties will attempt to settle any dispute arising from this Addendum (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. If cooperative efforts fail, the dispute will be mediated by a mediator chosen jointly by the parties within thirty (30) days after notice by CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tffbf 715 Boynton Beach, FL December 9,2019 one of the parties demanding non-binding mediation. The parties will not unreasonably withhold consent to the selection of a mediator, will share the cost of the mediation equally, may agree to postpone mediation until they have completed some specified but limited discovery about the dispute, and may replace mediation with some other form of non-binding alternative dispute resolution ("ADR"). 13.2 Litigation. A Party may submit to a court of competent jurisdiction any claim relating to intellectual property, breach of confidentiality, or any dispute that cannot be resolved between the parties through negotiation or mediation within two (2) months after the date of the initial demand for non-binding mediation. Each Party consents to jurisdiction over it by that court. The use of ADR procedures will not be considered under the doctrine of laches, waiver, or estoppel to affect adversely the rights of either Party. Either Party may resort to the judicial proceedings described in this section before the expiration of the two-month ADR period 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. 14. SECURITY. 14.1 Industry Standard. Motorola will maintain industry standard security measures to protect the Solution from intrusion, breach, or corruption. During the term of Addendum, if the Solution enables access to Criminal Justice Information ("CJI"), as defined by the Criminal Justice Information Services Security Policy ("CJIS"), Motorola will provide and comply with a CJIS Security Addendum. Any additional Security measure desired by Customer may be available for an additional fee. 14.2 Background checks. Motorola will require its personnel that access CJI to submit to a background check based on submission of FBI fingerprint cards. 14.3 Customer Security Measures. Customer is independently responsible for establishing and maintaining its own policies and procedures and for ensuring compliance with CJIS and other security requirements that are outside the scope of the Subscription Services provided. Customer must establish and ensure compliance with access control policies and procedures, including password security measures. Further, Customer must maintain industry standard security and protective data privacy measures. Motorola disclaims any responsibility or liability whatsoever for the security or preservation of Customer Data or Solution Data once accessed or viewed by Customer or its representatives. Motorola further disclaims any responsibility or liability whatsoever that relates to or arise from Customer's failure to maintain industry standard security and data privacy measures and controls, including but not limited to lost or stolen passwords. Motorola reserves the right to terminate the Service if Customer's failure to maintain or comply with industry standard security and control measures negatively impacts the Service, Solution, or Motorola's own security measures. 14.4 Breach Response Plan. Both parties will maintain and follow a breach response plan consistent with the standards of their respective industries. 15. CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS 15.1. CONFIDENTIAL INFORMATION. 15.1.1. Treatment of Confidential Information. During the term of this Addendum, the parties may provide each other with Confidential Information. Licensed Products, and all Deliverables will be deemed to be Motorola's Confidential Information. Each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a "need to know"and not copy or reproduce the Confidential Information;take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but those precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Addendum or pursuant to the license granted immediately below. 15.1.2. Ownership of Confidential Information. The disclosing Party owns and retains all of its Proprietary Rights in and to its Confidential Information, except the disclosing Party hereby grants to the receiving Party the limited right and license, on a non-exclusive, irrevocable, and royalty-free basis, to use the Confidential Information CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tfAf 715 Boynton Beach, FL December 9,2019 for any lawful, internal business purpose in the manner and to the extent permitted by this Addendum. 15.2. PRESERVATION OF PROPRIETARY RIGHTS. 15.2.1 Proprietary Solution. Customer acknowledges that the Licensed Products and any associated Documentation, data, and methodologies used in providing Services are proprietary to Motorola or its third party licensors and contain valuable trade secrets. In accordance with this Addendum, Customer and its employees shall treat the Solution and all Proprietary Rights as Confidential Information and will maintain the strictest confidence. 15.2.2. Ownership. Each Party owns and retains all of its Proprietary Rights that exist on the Effective Date. Motorola owns and retains all Proprietary Rights that are developed, originated, or prepared in connection with providing the Deliverables or Services to Customer, and this Addendum does not grant to Customer any shared development rights. At Motorola's request and expense, Customer will execute all papers and provide reasonable assistance to Motorola to enable Motorola to establish the Proprietary Rights. Unless otherwise explicitly stated herein, this Addendum does not restrict a Party concerning its own Proprietary Rights and is not a grant (either directly or by implication, estoppel, or otherwise) of a Party's Proprietary Rights to the other Party. 15.3 Remedies. Because Licensed Products contain valuable trade secrets and proprietary information of Motorola, its vendors and licensors, Customer acknowledges and agrees that any actual or threatened breach of this Section will constitute immediate, irreparable harm to Motorola for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. Notwithstanding anything in this Addendum to the contrary, Motorola reserves the right to obtain injunctive relief and any other appropriate remedies from any court of competent jurisdiction in connection with any actual, alleged, or suspected breach of Section 3, infringement, misappropriation or violation of Motorola's Property Rights, or the unauthorized use of Motorola's Confidential Information. Any such action or proceeding may be brought in any court of competent jurisdiction. Except as otherwise expressly provided in this Addendum, the parties' rights and remedies under this Addendum are cumulative. 16. GENERAL 16.1 Future Regulatory Requirements. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Subscription Services and use of the Solution may change. Changes to existing Subscription Services or Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the Fees for services. 16.2 Compliance with Applicable Laws. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Addendum. Further, Customer will comply with all applicable export and import control laws and regulations in its use of the Licensed Products and Subscription Services. In particular, Customer will not export or re-export the Licensed Products without Motorola's' prior written consent, and, if such consent is granted, without Customer first obtaining all required United States and foreign government licenses. Customer further agrees to comply with all applicable laws and regulations in providing the Customer Data to Motorola, and Customer warrants and represents to Motorola that Customer has all rights necessary to provide such Customer Data to Motorola for the uses as contemplated hereunder. Customer shall obtain at its expense all necessary licenses, permits and regulatory approvals required by any and all governmental authorities as may from time to time be required in connection with its activities related to this Addendum. To the extent permitted by applicable law, Customer will defend, indemnify, and hold harmless Motorola from and against any violation of such laws or regulations by Customer or any of its agents, officers, directors, or employees. 16.3 Audit. Motorola reserves the right to monitor and audit use of the Subscription Services. Customer will cooperate and will require Users to cooperate with such monitoring or audit. 16.4 Assignability. Except as provided herein, neither Party may assign this Addendum or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Addendum to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Addendum such that it will continue to benefit the Separated Business and CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tfYOf 715 Boynton Beach, FL December 9,2019 its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Addendum. 16.5 Subcontracting. Motorola may subcontract any portion of the Subscription Services without prior notice or consent of Customer. 16.6 Waiver. Failure or delay by either Party to exercise a right or power 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. 16.7 Severability. If a court of competent jurisdiction renders any part of this Addendum invalid or otherwise unenforceable, that part will be severed and the remainder of this Addendum will continue in full force and effect. 16.8 Independent Contractors. Each Party will perform its duties under this Addendum 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 Addendum will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Addendum will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.9 Headings. The section headings in this Addendum are inserted only for convenience and are not to be construed as part of this Addendum or as a limitation of the scope of the particular section to which the heading refers. This Addendum will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.10 Governing Law. This Addendum and the rights and duties of the parties will be governed by and interpreted in accordance with the laws of the State of Florida. 16.11 Notices. Notices required under this Addendum to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party 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. 16.12 Authority To Execute Addendum. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Addendum and to perform its duties under this Addendum;the person executing this Addendum on its behalf has the authority to do so; upon execution and delivery of this Addendum by the parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Addendum does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.13 Return of Equipment. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer, if any. 16.14. Survival Of Terms. The following provisions survives the expiration or termination of this Addendum for any reason: if any payment obligations exist, Section 5 (Subscription Fees); Section 11 (Limitation of Liability); Section 12 (Default and Termination); Section 13 (Disputes); Section 15 (Confidential Information and Proprietary Rights); and all General provisions in Section 16. 16.15. ENTIRE AGREEMENT.This Addendum,the Primary Agreement, and any Incorporated Documents or related attachments constitute the entire agreement of the Parties regarding the subject matter of this Addendum and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Addendum 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 or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Addendum, even if a representative of each Party signs that document. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and69tf!!2bf 715 Boynton Beach, FL December 9,2019 In witness whereof, the parties hereto have executed this Addendum as of the Effective Date. CUSTOMER MOTOROLA SOLUTIONS, INC. BY: BY: NAME: NAME: TITLE: TITLE: DATE: DATE: BILL TO ADDRESS: SHIP TO ADDRESS (If applicable): Name: Name: Address: Address: Address: Address: Phone #: Phone #: FINAL DESTINATION (If applicable): Name: Address: Address: Phone #: CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tfebf 715 Boynton Beach, FL December 9,2019 Exhibit D-1 Addendum to Subscription Services Agreement Command Central Analytics Plus, powered by LexisNexis Motorola Solutions, Inc. ("Motorola") is the provider of the service known as Command Central Analytics Plus, powered by LexisNexis ("Motorola Services"). Customer agrees to the Motorola Services pursuant to the following terms and conditions which are incorporated into the Subscription Services Agreement Signed by Customer. 1. RESTRICTED LICENSE. Motorola hereby grants to Customer a restricted license to use the Motorola Services, subject to the restrictions and limitations set forth below: (i) Generally. Motorola hereby grants to Customer a restricted license to use the Motorola Services solely for Customer's own internal business purposes. Customer represents and warrants that all of Customer's use of the Motorola Services shall be for only legitimate business purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by the Master Terms. Customer shall not use the Motorola Services for marketing purposes or resell or broker the Motorola Services to any third-party,and shall not use the Motorola Services for personal (non-business) purposes. Customer shall not use the Motorola Services to provide data processing services to third-parties or evaluate data for third- parties or, without Motorola's consent, to compare the Motorola Services against a third party's data processing services. Customer agrees that, if Motorola determines or reasonably suspects that continued provision of Motorola Services to Customer entails a potential security risk, or that Customer is in violation of any provision of these Master Terms or law, Motorola may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the Motorola Services. Customer shall not access the Motorola Services from Internet Protocol addresses located outside of the United States and its territories without Motorola's prior written approval. Customer may not use the Motorola Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of the Motorola Services and information provided therein. Motorola may at any time mask or cease to provide Customer access to any Motorola Services or portions thereof which Motorola may deem, in Motorola's sole discretion,to be sensitive or restricted information. (ii) GLBA Data. Some of the information contained in the Motorola Services is"nonpublic personal information," as defined in the Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, the "GLBA"), and is regulated by the GLBA("GLBA Data'). Customer shall not obtain and/or use GLBA Data through the Motorola Services in any manner that would violate the GLBA,or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain Motorola Services and will recertify upon request by Motorola. Customer certifies with respect to GLBA Data received through the Motorola Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA. (iii) DPPA Data. Some of the information contained in the Motorola Services is "personal information," as defined in the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA'), and is regulated by the DPPA("DPPA Data"). Customer shall not obtain and/or use DPPA Data through the Motorola Services in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain Motorola Services and will recertify upon request by Motorola. (iv) Social Security and Driver's License Numbers. Motorola may in its sole discretion permit Customer to access full social security numbers (nine (9) digits) and driver's license numbers (collectively,"QA Data'). If Customer is authorized by Motorola to receive QA Data,and Customer obtains QA Data through the Motorola Services,Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by Motorola policies, the terms and conditions herein, and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth in Paraaraoh 3 below, Customer agrees that it will not permit QA Data obtained through the Motorola Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69t777bf 715 Boynton Beach, FL December 9,2019 Customer agrees it will certify, in writing, its uses for QA Data and recertify upon request by Motorola. Customer may not, to the extent permitted by the terms of these Master Terms, transfer QA Data via email or ftp without Motorola's prior written consent. However, Customer shall be permitted to transfer such information so long as: 1) a secured method (for example, sftp) is used, 2)transfer is not to any third-party,and 3)such transfer is limited to such use as permitted under these Master Terms. Motorola may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer. (v) Copyrighted and Trademarked Materials. Customer shall not remove or obscure any trademarks,copyright notices or other notices contained on materials accessed through the Motorola Services. (vi) Additional Terms. To the extent that the Motorola Services accessed by Customer include information or data described in the Risk Supplemental Terms contained at: www.lexisnexis.com/terms/risksupp, Customer agrees to comply with the Risk Supplemental Terms set forth therein. Additionally, certain other information contained within the Motorola Services is subject to additional obligations and restrictions. These services include, without limitation, news, business information, and federal legislative and regulatory materials. To the extent that Customer receives such news, business information, and federal legislative and regulatory materials through the Motorola Services, Customer agrees to comply with the Terms and Conditions contained at: http://www.lexisnexis.com/terms/general.aspx (the "L&P Terms'). The Risk Supplemental Terms and the L&P Terms are hereby incorporated into these Master Terms by reference. In the event of a direct conflict between these Master Terms,the Risk Supplemental Terms,and the L&P Terms,the order of precedence shall be as follows: these Master Terms,the Risk Supplemental Terms and then the L&P Terms. (vii) MVR Data. If Customer is permitted to access Motor Vehicle Records("MVR Data")from Motorola,without in any way limiting Customer's obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change: (a) Customer shall not use any MVR Data provided by Motorola, or portions of information contained therein, to create or update a file that Customer uses to develop its own source of driving history information. (b) As requested by Motorola, Customer shall complete any state forms that Motorola is legally or contractually bound to obtain from Customer before providing Customer with MVR Data. (c) Motorola (and certain Third-Party vendors) may conduct reasonable and periodic audits of Customer's use of MVR Data. In response to any such audit, Customer must be able to substantiate the reason for each MVR Data order. (viii) HIPAA. Customer represents and warrants that Customer will not provide Motorola with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records(as those terms are defined in 42 U.S.C. Sec. 17921(5),and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the parties. (ix) Economic Sanctions Laws. Customer acknowledges that Motorola is subject to economic sanctions laws, including but not limited to those enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), the European Union, and the United Kingdom. Accordingly, Customer shall comply with all economic sanctions laws of the United States, the European Union, and the United Kingdom. Customer shall not provide access to Motorola Services to any individuals identified on OFAC's list of Specially Designated Nationals ("SDN List"), the UK's HM Treasury's Consolidated List of Sanctions Targets, or the EU's Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions. Customer shall not take any action which would place Motorola in a position of non-compliance with any such economic sanctions laws. (x) Retention of Records. For uses of GLB Data, DPPA Data and MVR Data, as described in Sections 2(ii), 2(iii) and 2(vii),Customer shall maintain for a period of five(5)years a complete and accurate record(including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tfebf 715 Boynton Beach, FL December 9,2019 (xi) Software. To the extent that Customer is using software provided by Motorola ("Software"), whether hosted by Motorola or installed on Customer's equipment,such Software shall be deemed provided under a limited, revocable license, for the sole purpose of using the Motorola Services. In addition, the following terms apply: Customer shall not (a) use the Software to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights, (b) use the Software to store or transmit spyware, adware, other malicious programs or code, programs that infringe the rights of others, or programs that place undue burdens on the operation of the Software, or (c) interfere with or disrupt the integrity or performance of the Software or data contained therein. The use of the Software will be subject to any other restrictions (such as number of users, features, or duration of use) agreed to by the parties or as set forth in a Schedule A. (xii) Non-FCRA Use Restrictions. The LN Services described in a Schedule A (as defined in these Master Terms) as Non-FCRA are not provided by"consumer reporting agencies,"as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) ("FCRA") and do not constitute "consumer reports,"as that term is defined in the FCRA (the"Non-FCRA LN Services"). Accordingly, the Non- FCRA LN Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Further, (A) Customer certifies that it will not use any of the information it receives through the Non-FCRA LN Services to determine, in whole or in part an individual's eligibility for any of the following products, services or transactions: (1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account; (B) by way of clarification, without limiting the foregoing, Customer may use, except as otherwise prohibited or limited by the Master Terms, information received through the Non- FCRA LN Services for the following purposes: (1) to verify or authenticate an individual's identity; (2)to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4) to review the status of a legal proceeding; (5) to determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part,a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes; (C)specifically,if Customer is using the Non-FCRA LN Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third party, Customer shall not use the Non-FCRA LN Services: (1) to revoke consumer credit; (2)to accelerate, set or change repayment terms; or(3)for the purpose of determining a consumer's eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this Section, use the Non-FCRA LN Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer's debt or for prioritizing collection activities; and (D) Customer shall not use any of the information it receives through the Non-FCRA LN Services to take any "adverse action,"as that term is defined in the FCRA. (xiii) FCRA Services. If a Customer desires to use a product described in a Schedule A(Customer price schedule) as an FCRA product, Customer will execute an FCRA Addendum to the Master Terms. The FCRA product will be delivered by an affiliate of LNRSFL, LexisNexis Risk Solutions Inc., in accordance with the terms and conditions of the Master Terms. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tfAf 715 Boynton Beach,FL December 9,2019 2. TERMS APPLICABLE TO PUBLIC SAFETY DATA EXCHANGE DATABASE I. Public Safety Data Exchange Database 1. Motorola maintains the LexisNexis Public Safety Data Exchange Database ("PSDEX"), which contains information related to public safety and state and local law enforcement investigations. PSDEX is compiled from information submitted by PSDEX customers and enhanced by Motorola data and technology. 2. In exchange for good and valuable consideration, including access to PSDEX, Customer hereby agrees to contribute public safety information that may be used for analysis, investigations and reporting (the "Customer Data Contribution"). 3. LN's obligations. a. Motorola agrees to provide PSDEX information to Customer. b. Motorola agrees to provide Customer with instructions for submitting information to the PSDEX database and for using the PSDEX service. 4. Customer obligations. a. Customer agrees to submit to Motorola, with reasonable promptness and consistency, Customer Data Contributions. b. Customer acknowledges and agrees that it is solely responsible for the content of the Customer Data Contributions submitted to Motorola and that it shall use reasonable care to ensure the information submitted is a reasonable reflection of the actual report. Each submission to Motorola with respect to an incident or subject constitutes a Customer Data Contribution. c. Customer's disclosure of information to Motorola is and will be in compliance with all applicable laws, regulations and rulings. d. Customer agrees to notify Motorola promptly of any change in status, factual background, circumstances or errors concerning any Customer Data Contribution previously provided to Motorola. Customer further agrees to submit corrected information in a timely manner. Customer agrees that it will fully and promptly cooperate with Motorola should any inquiry about the Customer Data Contributions arise. e. The following named individual/department shall serve as the contact person(s) for submissions made to Motorola. The contact person shall respond to requests from Motorola for clarification or updates on incident reports submitted by Customer during normal business hours, and Customer will not reasonably withhold from Motorola information on any such submission. Motorola shall not reveal the identity of the Customer's contact person(s) to any other PSDEX customer without Customer's consent. Name: Title: Address: Phone: Fax: Email: f. Customer agrees that it will access information contributed to PSDEX by other customers only through Motorola. g. Customer agrees that Motorola and all other PSDEX customers shall not be liable to Customer,and Customer hereby releases Motorola and all other PSDEX customers from liability to Customer, for any claims, damages, liabilities, losses and injuries arising out of, or caused in whole or in part by Motorola or each such other PSDEX customer's negligence, gross negligence, willful misconduct and other acts and omissions in reporting or updating incidents of alleged wrongdoing for inclusion in PSDEX. Other PSDEX customers are intended to be third party beneficiaries of this paragraph. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tErdbf 715 Boynton Beach, FL December 9,2019 II. Public Safety Exchange Database General Terms 1. LICENSE GRANT. Customer, at no charge, hereby grants to Motorola a paid up, irrevocable, worldwide, non-exclusive license to use,adapt,compile,aggregate,create derivative works,transfer,transmit, publish and distribute to PSDEX customers the Customer Data Contributions for use in PSDEX and all successor databases and/or information services provided by Motorola or LexisNexis. 2. GOOGLE GEOCODER. Motorola used Google Geocoder to geocode address locations that do not already contain "X" and "Y" coordinates. Any "X" and "Y" coordinate information provided by the Customer is assumed by Motorola to be accurate and will not be geocoded by Google Geocoder. Crime dot locations geocoded by Google Geocoder as displayed in PSDEX are approximate due to automated location methods and address inconsistencies. 3. DATA DISCLAIMER. Motorola is not responsible for the loss of any data or the accuracy of the data, or for any errors or omissions in the Motorola Services or the use of the Motorola Services or data therein by any third party, including the public or any law enforcement or governmental agencies. 4. LINKS TO THIRD PARTY SITES. PSDEX may contain links or produce search results that reference links to third party websites ("Linked Sites"). Motorola has no control over these Linked Sites or the content within them. Motorola cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Motorola does not endorse the content of any Linked Site, nor does it warrant that a Linked Site will not contain computer viruses or other harmful code. By using PSDEX to search for or link to Linked Sites, Customer agrees and understands that such use is entirely at its own risk, and that Customer may not make any claim against Motorola for any damages or losses whatsoever resulting from such use. 5. OWNERSHIP OF SUBMITTED CONTENT. All information provided by a PSDEX customer is offered and owned by that customer. Unless otherwise indicated by such customer,all data will be retained by Motorola and remain accessible by other PSDEX customers in accordance with the provisions of this Addendum and a de-identified subset of the data will remain available to the general public through the CrimeReports.com service or its successor database. 3. SECURITY. 3.1 Security of Information. Customer acknowledges that the information available through the Motorola Services may include personally identifiable information and it is Customer's obligation to keep all such accessed information confidential and secure. Customer must name a System Administrator who will be responsible for maintaining the following records: 1) User IDs including a complete list of each user name associated with each User ID,ensuring that each User ID is assigned to only one individual. User IDs and passwords may not be shared, and "generic" User IDs and passwords are not permitted. 2) Documentation of monthly verification to ensure that each active User ID corresponds to a Customer's current employee, and confirming that employee is an authorized user. User IDs will conform to the standards at https://www.fbi.gov/services/cji1 s/cjis-security_policy-resource- center. Accordingly, Customer shall (a) restrict access to Motorola Services to those employees who have a need to know as part of their official duties; (b) ensure that none of its employees shall (i) obtain and/or use any information from the Motorola Services for personal reasons, or (ii) transfer any information received through the Motorola Services to any party except as permitted hereunder; (c) keep all user identification numbers,and related passwords, or other security measures (collectively,"User IDs') confidential and prohibit the sharing of User IDs; (d) immediately deactivate the User ID of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations under Paragraph 1, take all commercially reasonable measures to prevent unauthorized access to, or use of, the Motorola Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through Motorola Services as it is being disposed; (g) purge all information received through the Motorola Services within ninety (90) days of initial receipt; provided that Customer may extend such period if and solely to the extent such information is retained thereafter in archival form to provide documentary support required for Customer's legal or CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tErftf 71 5 Boynton Beach, FL December 9,2019 regulatory compliance efforts; (h) be capable of receiving the Motorola Services where the same are provided utilizing "secure socket layer,"or such other means of secure transmission as is deemed reasonable by Motorola; (i) not access and/or use the Motorola Services via mechanical, programmatic, robotic,scripted or other automated search means, other than through batch or machine-to-machine applications approved by Motorola; (j) take all steps to protect their networks and computer environments, or those used to access the Motorola Services, from compromise; (k) on at least a quarterly basis, review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein; and (1) maintain policies and procedures to prevent unauthorized use of User IDs and the Motorola Services. Customer will immediately notify Motorola, by written notification to the Motorola and by phone(1-XXX-XXX-XXXX), if Customer suspects, has reason to believe or confirms that a User ID or the Motorola Services (or data derived directly or indirectly therefrom) is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose contrary to the terms and conditions herein. 3.2 Security Events. To the extent permitted under applicable law, Customer shall remain solely liable for all costs associated therewith and shall further reimburse Motorola for any expenses it incurs due to Customer's failure to prevent such impermissible use or access of User IDs and/or the Motorola Services, or any actions required as a result thereof. Furthermore, in the event that the Motorola Services provided to the Customer include personally identifiable information (including, but not limited to, social security numbers, driver's license numbers or dates of birth), the following shall apply: Customer acknowledges that, upon unauthorized acquisition or access of or to such personally identifiable information, including but not limited to that which is due to use by an unauthorized person or due to unauthorized use (a "Security Event"), Customer shall, in compliance with law, notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required in Motorola's reasonable discretion. Customer agrees that such notification shall not reference Motorola or the product through which the data was provided, nor shall Motorola be otherwise identified or referenced in connection with the Security Event, without Motorola's express written consent. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith. To the extent permitted under applicable law, Customer shall remain solely liable for claims that may arise from a Security Event, including, but not limited to, costs for litigation (including attorneys'fees), and reimbursement sought by individuals, including but not limited to, costs for credit monitoring or allegations of loss in connection with the Security Event. Customer shall provide samples of all proposed materials to notify consumers and any third-parties, including regulatory entities, to Motorola for review and approval prior to distribution. In the event of a Security Event, Motorola may, in its sole discretion,take immediate action, including suspension or termination of Customer's account, without further obligation or liability of any kind. 4. PERFORMANCE. Motorola will use commercially reasonable efforts to deliver the Motorola Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the Motorola Services; provided, however, that the Customer accepts all information "AS IS". Customer acknowledges and agrees that Motorola obtains its data from third party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on Motorola for the accuracy or completeness of information supplied through the Motorola Services. Without limiting the foregoing, the criminal record data that may be provided as part of the Motorola Services may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. Customer understands that Customer may be restricted from accessing certain Motorola Services which may be otherwise available. Motorola reserves the right to add materials and features to,and to discontinue offering any of the materials and features that are currently a part of, the Motorola Services. In the event that Motorola discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, and such materials and features are part of a flat fee subscription plan to which Customer has subscribed, Motorola will, at Customer's option, issue a prorated credit to Customer's account. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tffbf 715 Boynton Beach, FL December 9,2019 5. INTELLECTUAL PROPERTY;CONFIDENTIALITY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the Motorola Services. Customer acknowledges that Motorola (and/or its third party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent,trademark,Trade Secret and related laws in and to the Motorola Services and the information that they provide. Customer shall use such materials in a manner consistent with Motorola's interests and the terms and conditions herein, and shall promptly notify Motorola of any threatened or actual infringement of Motorola's rights. Customer and Motorola acknowledge that they each may have access to confidential information of the disclosing party ("Disclosing Party') relating to the Disclosing Party's business including, without limitation, technical, financial, strategies and related information, computer programs, algorithms, know-how, processes, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined below) and other information (whether written or oral), and in the case of Motorola's information, product information, pricing information, product development plans, forecasts, the Motorola Services, and other business information ("Confidential Information"). Confidential Information shall not include information that: (i) is or becomes (through no improper action or inaction by the Receiving Party (as defined below)) generally known to the public; (ii) was in the Receiving Party's possession or known by it prior to receipt from the Disclosing Party; (iii) was lawfully disclosed to Receiving Party by a third-party and received in good faith and without any duty of confidentiality by the Receiving Party or the third-party; or (iv) was independently developed without use of any Confidential Information of the Disclosing Party by employees of the Receiving Party who have had no access to such Confidential Information. "Trade Secret" shall be deemed to include any information which gives the Disclosing Party an advantage over competitors who do not have access to such information as well as all information that fits the definition of"trade secret"set forth under applicable law. Each receiving party("Receiving Party') agrees not to divulge any Confidential Information or information derived therefrom to any third-party and shall protect the confidentiality of the Confidential Information with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no event less than a reasonable degree of care. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing Party to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party's obligations with respect to Confidential Information shall continue for the term of these Master Terms and for a period of five (5) years thereafter, provided however, that with respect to Trade Secrets, each party's obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret. Notwithstanding the foregoing, if Customer is bound by the Freedom of Information Act, 5 U.S.C. 552, or other federal, state, or municipal open records laws or regulations which may require disclosure of information, and disclosure thereunder is requested, Customer agrees that it shall notify Motorola in writing and provide Motorola an opportunity to object, if so permitted thereunder, prior to any disclosure. 6. DISCLAIMER OF WARRANTIES. MOTOROLA (SOLELY FOR PURPOSES OF INDEMNIFICATION, DISCLAIMER OF WARRANTIES, AND LIMITATION ON LIABILITY,MOTOROLA,ITS SUBSIDIARIES AND AFFILIATES, AND ITS DATA PROVIDERS ARE COLLECTIVELY REFERRED TO AS"MOTOROLA") DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MOTOROLA SERVICES. MOTOROLA DOES NOT WARRANT THE CORRECTNESS,COMPLETENESS, MERCHANTABILITY,OR FITNESS FOR A PARTICULAR PURPOSE OF THE MOTOROLA SERVICES OR INFORMATION PROVIDED THEREIN. Due to the nature of public record information, the public records and commercially available data sources used in the Motorola Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The Motorola Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified. 7. LIMITATION OF LIABILITY. Neither Motorola, nor its subsidiaries and affiliates, nor any third-party data provider shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the Motorola Services) for any loss or injury arising out of or caused in whole or in part CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tE&bf 715 Boynton Beach, FL December 9,2019 by use of the Motorola Services. If, notwithstanding the foregoing, liability can be imposed on Motorola, Customer agrees that Motorola's aggregate liability for any and all losses or injuries arising out of any act or omission of Motorola in connection with anything to be done or furnished under these Master Terms, regardless of the cause of the loss or injury,and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount of fees actually paid by Customer to Motorola under this Agreement during the six (6) month period preceding the event that gave rise to such loss or injury. Customer covenants and promises that it will not sue Motorola for an amount greater than such sum even if Customer and/or third-parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against Motorola. IN NO EVENT SHALL Motorola BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER. 8. AUDIT.Customer understands and agrees that, in order to ensure compliance with the FCRA,GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements of these Master Terms, Motorola's obligations under its contracts with its data providers, and Motorola's internal policies, Motorola may conduct periodic reviews and/or audits of Customer's use of the Motorola Services. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by Motorola will be subject to immediate action including, but not limited to,suspension or termination of the license to use the Motorola Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies. 9. EMPLOYEE TRAINING. Customer shall train new employees prior to allowing access to Motorola Services on Customer's obligations under these Master Terms, including, but not limited to, the licensing requirements and restrictions under Paragraph 1, the security requirements of Paragraph 3. Customer shall conduct a similar review of its obligations under these Master Terms with existing employees who have access to Motorola Services no less than annually. Customer shall keep records of such training. 10. CUSTOMER INFORMATION. Customer certifies that Customer has not been the subject of any proceeding regarding any trust-related matter including, but not limited to,fraud, counterfeiting, identity theft and the like, and that Customer has not been the subject of any civil, criminal or regulatory matter that would create an enhanced security risk to Motorola, the Motorola Services or the data, including but not limited to, any matter involving potential violations of the GLBA, the DPPA, the FCRA, the Fair Debt Collection Practices Act ("FDCPA") (15 U.S.C. § 1692-1692p) or any other similar legal or regulatory guidelines. If any such matter has occurred, Customer shall attach a signed statement, along with all relevant supporting documentation, providing all details of this matter prior to execution of this Agreement. Customer shall notify Motorola immediately of any changes to the information on Customer's Application for the Motorola Services, and, if at any time Customer no longer meets Motorola's criteria for providing service, Motorola may terminate this agreement. Customer is required to promptly notify Motorola of a change in ownership of Customer, any change in the name of Customer,and/or any change in the physical address of Customer. 11. CHANGE IN AGREEMENT. By receipt of the Motorola Services, Customer agrees to, and shall comply with, changes to the restricted license granted to Customer hereunder and as Motorola shall make from time to time by notice to Customer. Notices to Customer will be provided via written communication. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section of the Application, unless stated otherwise. Motorola may, at any time, impose restrictions and/or prohibitions on the Customer's use of some or all of the Motorola Services. Customer understands that such restrictions or changes in access may be the result of a modification in Motorola policy, a modification of third-party agreements, a modification in industry standards,a Security Event or a change in law or regulation,or the interpretation thereof. Upon written notification by Motorola of such restrictions, Customer agrees to comply with such restrictions. AUTHORIZATION AND ACCEPTANCE OF TERMS CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tEW& 715 Boynton Beach, FL December 9,2019 I HEREBY CERTIFY that I am executing this Exhibit D-1, to Exhibit D, the Subscription Services Agreement, and as the authorized representative of Customer, I have direct knowledge of and affirm all facts and representations made above. CUSTOMER: Signature Print Name Title Dated (mm/dd/yy) CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tE&bf 715 Boynton Beach, FL December 9,2019 Exhibit E -"LexisNexis Master Terms &Conditions These LexisNexis Master Terms&Conditions(the"Master Terms")are entered into as of(the"Effective Date"), by and between LexisNexis Risk Solutions FL Inc. ("LNRSFL"), with its principal place of business located at 1000 Alderman Drive,Alpharetta, Georgia 30005 and the City of Boynton Beach ("Customer"), located at each individually referred to as the"Party"and collectively as the"Parties."These Master Terms govern the provision of the LN Services(as defined below) by LNRSFL and its respective Affiliates who provide LN Services under these Master Terms (collectively referred to as"LN"). WHEREAS, LNRSFL(or an Affiliate identified on a separate Schedule A) is the provider of certain data products, data applications and other related services(the"LN Services"); and WHEREAS,Customer is a City requesting such data and data related services and is desirous of receiving LN's capabilities; and WHEREAS,the Parties now intend for these Master Terms to be the master agreement governing the relationship between the Parties with respect to the LN Services as of the Effective Date. NOW,THEREFORE, LN and Customer agree to be mutually bound by the terms and conditions of these Master Terms, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows: 1. SCOPE OF SERVICES/CUSTOMER CREDENTIALING. Subject to the terms of separate addenda and pricing schedule(s) or statements of work for specific LN Services (each, a"Schedule A"), LN agrees to provide the LN Services described in such Schedule(s)A to Customer, subject to the terms and conditions herein. Any reference in a Schedule A to a services agreement shall mean these Master Terms plus the applicable addendum or addenda. References to the LN Services shall also be deemed to include the data therein as well as any Software provided by LN. These Master Terms shall encompass any and all delivery methods provided to Customer for the LN Services,including,but not limited to,online,batch,XML,assisted searching,machine- to-machine searches,and any other means which may become available. Customer acknowledges and understands that LN will only allow Customer access to the LN Services if Customer's credentials can be verified in accordance with LN's internal credentialing procedures. The foregoing shall also apply to the addition of Customer's individual locations and/or accounts. 2. RESTRICTED LICENSE. LN hereby grants to Customer a restricted license to use the LN Services,subject to the restrictions and limitations set forth below: (i) Generally. LN hereby grants to Customer a restricted license to use the LN Services solely for Customer's own internal business purposes. Customer represents and warrants that all of Customer's use of the LN Services shall be for only legitimate business purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by the Master Terms. Customer shall not use the LN Services for marketing purposes or resell or broker the LN Services to any third-party, and shall not use the LN Services for personal (non-business) purposes. Customer shall not use the LN Services to provide data processing services to third-parties or evaluate data for third-parties or, without LN's consent, to compare the LN Services against a third party's data processing services. Customer agrees that, if LN determines or reasonably suspects that continued provision of LN Services to Customer entails a potential security risk, or that Customer is in violation of any provision of these Master Terms or law, LN may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the LN Services. Customer shall not access the LN Services from Internet Protocol addresses located outside of the United States and its territories without LN's prior written approval. Customer may not use the LN Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of the LN Services and information provided therein. LN may at any time mask or cease to provide Customer access to any LN Services or portions thereof which LN may deem,in LN's sole discretion,to be sensitive or restricted information. (ii) GLBA Data. Unless Customer has expressly opted out of receiving such data, some of the information contained in the LN Services may be"nonpublic personal information,"as defined in the Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, the"GLBA"), and is regulated by the GLBA("GLBA Data'. Customer shall not obtain and/or use GLBA Data through the LN Services in any manner that would violate the GLBA,or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain LN Services and will recertify CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tdebf 715 Boynton Beach, FL December 9,2019 upon request by LN. Customer certifies with respect to GLBA Data received through the LN Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA. (iii) DPPA Data. Unless Customer has expressly opted out of receiving such data, some of the information contained in the LN Services may be"personal information,"as defined in the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.)and related state(collectively,the"DPPA"),and is regulated by the DPPA("DPPA Data").Customer shall not obtain and/or use DPPA Data through the LN Services in any manner that would violate the DPPA.Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain LN Services and will recertify upon request by LN. (iv) Non-FCRA Use Restrictions.The LN Services described in a Schedule A(as defined in these Master Terms)as Non-FCRA are not provided by"consumer reporting agencies,"as that term is defined in the Fair Credit Reporting Act(15 U.S.C. § 1681, et seq.) ("FCRA")and do not constitute"consumer reports,"as that term is defined in the FCRA(the"Non-FCRA LN Services"). Accordingly, the Non-FCRA LN Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Further, (A)Customer certifies that it will not use any of the information it receives through the Non-FCRA LN Services to determine, in whole or in part an individual's eligibility for any of the following products,services or transactions: (1)credit or insurance to be used primarily for personal, family or household purposes; (2)employment purposes; (3)a license or other benefit granted by a government agency;or(4)any other product,service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account;(B)by way of clarification,without limiting the foregoing,Customer may use,except as otherwise prohibited or limited by the Master Terms, information received through the Non-FCRA LN Services for the following purposes: (1) to verify or authenticate an individual's identity; (2) to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4)to review the status of a legal proceeding; (5)to determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part, a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes; (C) specifically, if Customer is using the Non-FCRA LN Services in connection with collection of a consumer debt on its own behalf,or on behalf of a third-party,Customer shall not use the Non-FCRA LN Services: (1)to revoke consumer credit; (2)to accelerate,set or change repayment terms;or(3)for the purpose of determining a consumer's eligibility for any repayment plan; provided, however,that Customer may, consistent with the certification and limitations set forth in this Section 1, use the Non-FCRA LN Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer's debt or for prioritizing collection activities; and (D) Customer shall not use any of the information it receives through the Non-FCRA LN Services to take any"adverse action,"as that term is defined in the FCRA. (v)FCRA Services.If a Customer desires to use a product described in a Schedule A as an FCRA product,Customer will execute an FCRA Addendum to the Master Terms.The FCRA product will be delivered by an affiliate of LNRSFL, LexisNexis Risk Solutions Inc., in accordance with the terms and conditions of the Master Terms. (vi) Social Security and Driver's License Numbers. LN may in its sole discretion permit Customer to access full social security numbers (nine (9) digits) and driver's license numbers (collectively, "QA Data"). If Customer is authorized by LN to receive QA Data, and Customer obtains QA Data through the LN Services,Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by LN policies,the terms and conditions herein,and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth in Paragraph 3 below, Customer agrees that it will not permit QA Data obtained through the LN Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use. Customer agrees it will certify, in writing, its uses for QA Data and recertify upon request by LN. Customer may not, to the extent permitted by the terms of these Master Terms, transfer QA Data via email or ftp without LN's prior written consent. However,Customer shall be permitted to transfer such information so long as: 1)a secured method(for example,sftp) is used, 2)transfer is not to any third-party, and 3)such transfer is limited to such use as permitted under these Master Terms. LN may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer. (vii)Copyrighted and Trademarked Materials. Customer shall not remove or obscure any trademarks, copyright notices or other notices contained on materials accessed through the LN Services. (viii)Additional Terms.To the extent that the LN Services accessed by Customer include information or data described in the Risk Supplemental Terms contained at: www.lexisnexis.com/terms/risksupp, Customer agrees to comply with the Risk Supplemental Terms set forth therein. Additionally, certain other information contained within the LN Services is subject to additional obligations and restrictions. These services include, without limitation, news, business information, and federal legislative and regulatory materials. To the extent that Customer receives such materials through the LN Services, Customer agrees to comply with the Terms and Conditions contained at: http://www.lexisnexis.com/terms/general.aspx (the "L&P Terms"). The Risk Supplemental Terms and the L&P Terms are hereby incorporated into these Master Terms by reference. In CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69t&bf 715 Boynton Beach, FL December 9,2019 the event of a direct conflict between these Master Terms, the Risk Supplemental Terms, and the L&P Terms, the order of precedence shall be as follows: these Master Terms, the Risk Supplemental Terms and then the L&P Terms. (ix) MVR Data. If Customer is permitted to access Motor Vehicle Records ("MVR Data") from LN, without in any way limiting Customer's obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change: (a) Customer shall not use any MVR Data provided by LN, or portions of information contained therein, to create or update a file that Customer uses to develop its own source of driving history information. (b) As requested by LN, Customer shall complete any state forms that LN is legally or contractually bound to obtain from Customer before providing Customer with MVR Data. (c)Upon advanced written notice to Customer, LN(and certain Third-Party vendors)may conduct reasonable and periodic audits of Customer's use of MVR Data. In response to any such audit,Customer must be able to substantiate the reason for each MVR Data order. (x) HIPAA. Customer represents and warrants that Customer will not provide LN with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103)or with Electronic Health Records or Patient Health Records(as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively)or with information from such records without the execution of a separate agreement between the parties. (xi) Economic Sanctions Laws. Customer acknowledges that LN is subject to economic sanctions laws, including but not limited to those enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), the European Union, and the United Kingdom. Accordingly, Customer shall comply with all economic sanctions laws of the United States, the European Union, and the United Kingdom. Customer shall not provide access to LN Services to any individuals identified on OFAC's list of Specially Designated Nationals ('ISDN List"), the UK's HM Treasury's Consolidated List of Sanctions Targets, or the EU's Consolidated List of Persons,Groups,and Entities Subject to EU Financial Sanctions.Customer shall not take any action which would place LN in a position of non-compliance with any such economic sanctions laws. (xii) Retention of Records. For uses of GLBA Data, DPPA Data and MVR Data, as described in Sections 2(ii), 2(iii)and 2(vii), Customer shall maintain for a period of five (5) years a complete and accurate record (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data. (xiii)Software.To the extent that Customer is using software provided by LN ("Software"),whether hosted by LN or installed on Customer's equipment, such Software shall be deemed provided under a limited, revocable license, for the sole purpose of using the LN Services. In addition, the following terms apply: Customer shall not (a) use the Software to store or transmit infringing, libelous, or otherwise unlawful or tortuous material,or to store or transmit material in violation of third-party privacy rights, (b)use the Software to store or transmit spyware,adware,other malicious programs or code, programs that infringe the rights of others, or programs that place undue burdens on the operation of the Software, or (c) interfere with or disrupt the integrity or performance of the Software or data contained therein. The use of the Software will be subject to any other restrictions (such as number of users, features, or duration of use)agreed to by the parties or as set forth in a Schedule A. 3. SECURITY. Customer acknowledges that the information available through the LN Services may include personally identifiable information and it is Customer's obligation to keep all such accessed information confidential and secure.Accordingly, Customer shall (a) restrict access to LN Services to those employees who have a need to know as part of their official duties; (b)ensure that none of its employees shall (i) obtain and/or use any information from the LN Services for personal reasons, or (ii) transfer any information received through the LN Services to any party except as permitted hereunder; (c) keep all user identification numbers, and related passwords, or other security measures (collectively, "User IDs") confidential and prohibit the sharing of User IDs; (d) immediately deactivate the User ID of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations under Paragraph 2, take all commercially reasonable measures to prevent unauthorized access to, or use of, the LN Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through LN Services as it is being disposed; (g) purge all information received through the LN Services within ninety (90) days of initial receipt; provided that Customer may extend such period if and solely to the extent such information is retained thereafter in archival form to provide documentary support required for Customer's legal or regulatory compliance efforts; (h) be capable of receiving the LN Services where the same are provided utilizing"secure socket layer,"or such other means of secure transmission as is deemed reasonable by LN; (i) not access and/or use the LN Services via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine-to-machine applications approved by LN; (j) take all steps to protect their networks and computer environments, or those used to access the LN Services, from compromise; (k) on at least a quarterly basis, review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and 6&tEr8%f 715 Boynton Beach, FL December 9,2019 compliance with all terms and conditions herein; and (1) maintain policies and procedures to prevent unauthorized use of User IDs and the LN Services. Customer will immediately notify LN, by written notification to the LN Information Assurance and Data Protection Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005 and by email (security.investigations@lexisnexis.com) and by phone (1-888-872-5375), if Customer suspects, has reason to believe or confirms that a User ID or the LN Services (or data derived directly or indirectly therefrom) is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose contrary to the terms and conditions herein. Customer shall remain solely liable for all costs associated therewith and shall further reimburse LN for any expenses it incurs due to Customer's failure to prevent such impermissible use or access of User IDs and/or the LN Services, or any actions required as a result thereof. Furthermore, in the event that the LN Services provided to the Customer include personally identifiable information (including, but not limited to, social security numbers, driver's license numbers or dates of birth),the following shall apply: Customer acknowledges that,upon unauthorized acquisition or access of or to such personally identifiable information,including but not limited to that which is due to use by an unauthorized person or due to unauthorized use (a "Security Event"), Customer shall, in compliance with law, notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies)as may be required in LN's reasonable discretion. Customer agrees that such notification shall not reference LN or the product through which the data was provided, nor shall LN be otherwise identified or referenced in connection with the Security Event, without LN's express written consent. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith. Customer shall remain solely liable for claims that may arise from a Security Event, including, but not limited to,costs for litigation (including attorneys'fees), and reimbursement sought by individuals, including but not limited to, costs for credit monitoring or allegations of loss in connection with the Security Event, and to the extent that any claims are brought against LN,shall indemnify LN from such claims. Customer shall provide samples of all proposed materials to notify consumers and any third-parties, including regulatory entities, to LN for review and approval prior to distribution. In the event of a Security Event, LN may, in its sole discretion,take immediate action, including suspension or termination of Customer's account,without further obligation or liability of any kind. 4. PERFORMANCE. LN will use commercially reasonable efforts to deliver the LN Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the LN Services; provided, however, that the Customer accepts all information"AS IS". Customer acknowledges and agrees that LN obtains its data from third party sources, which may or may not be completely thorough and accurate,and that Customer shall not rely on LN for the accuracy or completeness of information supplied through the LN Services. Without limiting the foregoing, the criminal record data that may be provided as part of the LN Services may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. Customer understands that Customer may be restricted from accessing certain LN Services which may be otherwise available. LN reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the LN Services. In the event that LN discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, and such materials and features are part of a flat fee subscription plan to which Customer has subscribed, LN will, at Customer's option, issue a prorated credit to Customer's account. 5. PRICING SCHEDULES. Upon acceptance by the LN Affiliate(s) set forth on an applicable Schedule A, such LN Affiliate(s) shall provide the LN Services requested by Customer and set forth in one (1) or more Schedules A attached hereto or subsequently incorporated by reference, for the fees listed on such schedules.The fees listed on a Schedule A may be updated from time-to-time by notice to Customer. All current and future pricing documents and Schedule(s)A are deemed incorporated herein by reference. 6. INTELLECTUAL PROPERTY; CONFIDENTIALITY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the LN Services. Customer acknowledges that LN (and/or its third party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark,Trade Secret and related laws in and to the LN Services and the information that they provide. Customer shall use such materials in a manner consistent with LN's interests and the terms and conditions herein, and shall promptly notify LN of any threatened or actual infringement of LN's rights. Notwithstanding anything in these Master Terms to the contrary, LN shall own Customer's search inquiry data used to access the LN Services (in the past or future) and may use such data for any purpose consistent with applicable federal, state and local laws, rules and regulations. Customer and LN acknowledge that they each may have access to confidential information of the disclosing party ("Disclosing Party") relating to the Disclosing Party's business including,without limitation,technical,financial,strategies and related information,computer programs,algorithms, know-how, processes, ideas, inventions (whether patentable or not), schematics,Trade Secrets (as defined below) and other information (whether written or oral), and in the case of LN's information, product information, pricing information, product development CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tEbbf 715 Boynton Beach, FL December 9,2019 plans,forecasts,the LN Services,and other business information('Confidential Information").Confidential Information shall not include information that: (i)is or becomes(through no improper action or inaction by the Receiving Parry(as defined below)) generally known to the public; (ii) was in the Receiving Party's possession or known by it prior to receipt from the Disclosing Party; (iii) was lawfully disclosed to Receiving Party by a third-party and received in good faith and without any duty of confidentiality by the Receiving Party or the third-party; or (iv) was independently developed without use of any Confidential Information of the Disclosing Party by employees of the Receiving Party who have had no access to such Confidential Information. "Trade Secret"shall be deemed to include any information which gives the Disclosing Party an advantage over competitors who do not have access to such information as well as all information that fits the definition of"trade secret"set forth under applicable law. Each receiving party ("Receiving Party") agrees not to divulge any Confidential Information or information derived therefrom to any third-party and shall protect the confidentiality of the Confidential Information with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no event less than a reasonable degree of care. Notwithstanding the foregoing,the Receiving Party may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that the Receiving Parry shall give the Disclosing Party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing Party to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party's obligations with respect to Confidential Information shall continue for the term of these Master Terms and for a period of five (5)years thereafter, provided however, that with respect to Trade Secrets,each party's obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret. 7. PAYMENT OF FEES.Customer shall pay LN the fees described on the applicable Schedule A. Customer shall be responsible for payment of the applicable fees for all services ordered by Customer or otherwise obtained through Customer's User IDs, whether or not such User ID is used by Customer or a third-party, provided access to the User ID is not the result of use by a person formerly or presently employed by LN (and not employed by Customer at the time of the use) or who obtains the User ID by or through a break-in or unauthorized access of LN's offices, premises, records, or documents. Customer agrees that it may be electronically invoiced for those fees. Payments must be received by LN within twenty (20) days of the invoice date. Any balance not timely paid will accrue interest at the rate of eighteen percent (18%) per annum. LN will assess a returned check fee of Twenty-Five Dollars ($25) or the maximum amount allowed under applicable law, whichever is greater, for any check draft payments to LN which are returned unpaid for reason of insufficient funds. If Customer's account is placed for collection with a third-party, Customer agrees to pay a collections fee in the amount of the greater of Twenty-Five Dollars ($25.00)or twenty five percent(25%)of the amount placed for collection to compensate LN for the administrative expenses of managing collection through a third party. Customer agrees to promptly notify LN of any changes to its billing contact information. 8. TERM OF AGREEMENT. These Master Terms are for services rendered and shall be in full force and effect during such periods of time during which LN is providing services for Customer (the"Term"); provided, however, that any term provided on a Schedule A(the"Schedule A Term") shall apply to the LN Services provided under such Schedule A until the expiration of that Schedule A Term. Upon expiration of any Schedule A Term, these Master Terms shall continue in effect for so long as LN is providing services for Customer. 9. TERMINATION. Either party may terminate these Master Terms at any time for any reason, except that Customer shall not have the right to terminate these Master Terms to the extent a Schedule A provides for a Schedule A Term or otherwise sets forth Customer's minimum financial commitment. 10. GOVERNING LAW.These Master Terms shall be governed by and construed in accordance with the laws of the State of Florida, irrespective of conflicts of law principles. Additionally, any action brought by either party to this Agreement related in any manner to the subject matter of this Agreement or the relationship between the parties shall be brought in the courts with jurisdiction for Florida. 11. ASSIGNMENT. Neither these Master Terms nor the license granted herein may be assigned by Customer, in whole or in part, without the prior written consent of LN. The dissolution, merger, consolidation, reorganization, sale or other transfer of assets, properties, or controlling interest of twenty percent(20%)or more of Customer shall be deemed an assignment for the purposes of these Master Terms. Any assignment without the prior written consent of LN shall be void. 12. DISCLAIMER OF WARRANTIES. LN (SOLELY FOR PURPOSES OF INDEMNIFICATION, DISCLAIMER OF WARRANTIES, AND LIMITATION ON LIABILITY, LN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS DATA PROVIDERS ARE COLLECTIVELY REFERRED TO AS-LN") DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69t&bf 715 Boynton Beach, FL December 9,2019 TO THE LN SERVICES. LN DOES NOT WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE LN SERVICES OR INFORMATION PROVIDED THEREIN. Due to the nature of public record information,the public records and commercially available data sources used in the LN Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The LN Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified. 13. LIMITATION OF LIABILITY. Neither LN, nor its subsidiaries and affiliates,nor any third-party data provider shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the LN Services) for any loss or injury arising out of or caused in whole or in part by use of the LN Services. If, notwithstanding the foregoing, liability can be imposed on LN, Customer agrees that LN's aggregate liability for any and all losses or injuries arising out of any act or omission of LN in connection with anything to be done or furnished under these Master Terms, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount of fees actually paid by Customer to LN under this Agreement during the six (6) month period preceding the event that gave rise to such loss or injury. Customer covenants and promises that it will not sue LN for an amount greater than such sum even if Customer and/or third-parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against LN. IN NO EVENT SHALL LN BE LIABLE FOR ANY INDIRECT, PUNITIVE,INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER. 14. INDEMNIFICATION. Customer hereby agrees to protect, indemnify, defend, and hold harmless LN from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to any third-party claim based upon (a) use of information received by Customer (or any third-party receiving such information from or through Customer) furnished by or through LN; (b) breach of any terms, conditions, representations or certifications in these Master Terms; and (c) any Security Event. LN hereby agrees to protect, indemnify, defend, and hold harmless Customer from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in connection with any third-party claim that the LN Services, when used in accordance with these Master Terms, infringe a United States patent or United States registered copyright,subject to the following: (i)Customer must promptly give written notice of any claim to LN; (ii) Customer must provide any assistance which LN may reasonably request for the defense of the claim (with reasonable out of pocket expenses paid by LN); and (iii) LN has the right to control the defense or settlement of the claim; provided, however, that the Customer shall have the right to participate in, but not control,any litigation for which indemnification is sought with counsel of its own choosing,at its own expense. Notwithstanding the foregoing, LN will not have any duty to indemnify, defend or hold harmless Customer with respect to any claim of infringement resulting from (1) Customer's misuse of the LN Services; (2) Customer's failure to use any corrections made available by LN;(3)Customer's use of the LN Services in combination with any product or information not provided or authorized in writing by LN; or (4) any information, direction, specification or materials provided by Customer or any third-party. If an injunction or order is issued restricting the use or distribution of any part of the LN Services, or if LN determines that any part of the LN Services is likely to become the subject of a claim of infringement or violation of any proprietary right of any third- party, LN may in its sole discretion and at its option (A) procure for Customer the right to continue using the LN Services; (B) replace or modify the LN Services so that they become non-infringing, provided such modification or replacement does not materially alter or affect the use or operation of the LN Services; or (C) terminate these Master Terms and refund any fees relating to the future use of the LN Services.The foregoing remedies constitute Customer's sole and exclusive remedies and LN's entire liability with respect to infringement claims or actions. 15. SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims; indemnification; use and protection of LN Services;payment for the LN Services;audit; LN's use and ownership of Customer's search inquiry data;disclaimer of warranties and other disclaimers; security; customer data and governing law shall survive any termination of the license to use the LN Services. 16. AUDIT. Customer understands and agrees that, in order to ensure compliance with the FCRA, GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements of these Master Terms, LN's obligations under its contracts with its data providers, and LN's internal policies, LN may conduct periodic reviews and/or audits of Customer's use of the LN Services. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by LN will be subject to immediate action including, but not limited to, suspension or termination of the license to use the LN Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies. 17. EMPLOYEE TRAINING. Customer shall train new employees prior to allowing access to LN Services on Customer's obligations under these Master Terms, including,but not limited to,the licensing requirements and restrictions under Paragraph CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tSf14$f 715 Boynton Beach, FL December 9,2019 2, the security requirements of Paragraph 3 and the privacy requirements in Paragraph 23. Customer shall conduct a similar review of its obligations under these Master Terms with existing employees who have access to LN Services no less than annually. Customer shall keep records of such training. 18. ATTORNEYS' FEES. The prevailing party in any action, claim or lawsuit brought related to the subject matter of these Master Terms is entitled to payment of all attorneys'fees and costs expended by such prevailing party in association with such action, claim or lawsuit. 19.TAXES.The charges for all LN Services are exclusive of any state, local, or otherwise applicable sales, use,or similar taxes. If any such taxes are applicable, they shall be charged to Customer's account. 20. CUSTOMER INFORMATION.Customer certifies that Customer has not been the subject of any proceeding regarding any trust-related matter including, but not limited to, fraud, counterfeiting, identity theft and the like, and that Customer has not been the subject of any civil, criminal or regulatory matter that would create an enhanced security risk to LN, the LN Services or the data, including but not limited to, any matter involving potential violations of the GLBA, the DPPA, the FCRA, the Fair Debt Collection Practices Act ("FDCPA") (15 U.S.C. § 1692-1692p) or any other similar legal or regulatory guidelines. If any such matter has occurred,Customer shall attach a signed statement,along with all relevant supporting documentation,providing all details of this matter prior to execution of this Agreement. Customer shall notify LN immediately of any changes to the information on Customer's Application for the LN Services, and, if at any time Customer no longer meets LN's criteria for providing service, LN may terminate this agreement. Customer is required to promptly notify LN of a change in ownership of Customer, any change in the name of Customer, and/or any change in the physical address of Customer. 21. RELATIONSHIP OF PARTIES. None of the parties shall, at any time, represent that it is the authorized agent or representative of the other. 22. CHANGE IN AGREEMENT. By receipt of the LN Services, Customer agrees to, and shall comply with, changes to the restricted license granted to Customer hereunder and as LN shall make from time to time by notice to Customer. Notices to Customer will be provided via written communication. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section of the Application, unless stated otherwise. LN may, at any time, impose restrictions and/or prohibitions on the Customer's use of some or all of the LN Services. Customer understands that such restrictions or changes in access may be the result of a modification in LN policy, a modification of third-party agreements, a modification in industry standards, a Security Event or a change in law or regulation,or the interpretation thereof. Upon written notification by LN of such restrictions, Customer agrees to comply with such restrictions. 23. PRIVACY PRINCIPLES.With respect to personally identifiable information regarding consumers,the parties further agree as follows: LN has adopted the"LN Data Privacy Principles"("Principles"),which may be modified from time to time,recognizing the importance of appropriate privacy protections for consumer data,and Customer agrees that Customer(including its directors, officers, employees or agents) will comply with the Principles or Customer's own comparable privacy principles, policies, or practices.The Principles are available at http://www.lexisnexis.com/privacy/data-privacy-principles.aspx. 24. PUBLICITY. Customer will not name LN or refer to its use of the LN Services in any press releases, advertisements, promotional or marketing materials,or make any other third-party disclosures regarding LN or Customer's use of the LN Services. 25. FORCE MAJEURE. The parties will not incur any liability to each other or to any other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Master Terms (except for payment obligations) to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control, and without the negligence of, the parties. Such events, occurrences, or causes include, without limitation, acts of God, telecommunications outages, Internet outages, power outages, any irregularity in the announcing or posting of updated data files by the applicable agency, strikes, lockouts, riots, acts of war, floods, earthquakes, fires, and explosions. 26. LN AFFILIATES.Customer understands that LN Services furnished under these Master Terms may be provided by LNRSFL and/or by one of its Affiliates, as further detailed in a separate Schedule A and addendum to these Master Terms.The specific LN entity furnishing the LN Services to Customer will be the sole LN entity satisfying all representations, warranties, covenants and obligations hereunder, as they pertain to the provision of such LN Services. Therefore, Customer hereby expressly acknowledges and agrees that it will seek fulfillment of any and all LN obligations only from the applicable LN entity and the other LN entities shall not be a guarantor of said LN entity's performance obligations hereunder. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69t&bf 715 Boynton Beach, FL December 9,2019 27. CUSTOMER SUBSIDIARIES. LN may provide the LN Services to Customer's wholly owned subsidiaries("Subsidliaries'�, in LN's sole discretion, subject to the Subsidiaries' completion of LN's credentialing process and any applicable paperwork. Customer assumes full responsibility for such Subsidiaries. 28. MISCELLANEOUS. If any provision of these Master Terms or any exhibit shall be held by a court of competent jurisdiction to be contrary to law, invalid or otherwise unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law,and in any event the remaining provisions of these Master Terms shall remain in full force and effect.The failure or delay by LN in exercising any right, power or remedy under this Agreement shall not operate as a waiver of any such right, power or remedy. The headings in these Master Terms are inserted for reference and convenience only and shall not enter into the interpretation hereof. 29. ENTIRE AGREEMENT. Except as otherwise provided herein, these Master Terms constitute the final written agreement and understanding of the parties with respect to terms and conditions applicable to all LN Services. These Master Terms shall supersede all other representations, agreements, and understandings, whether oral or written, which relate to the use of the LN Services and all matters within the scope of these Master Terms. Without limiting the foregoing,the provisions related to confidentiality and exchange of information contained in these Master Terms shall, with respect to the LN Services and all matters within the scope of these Master Terms, supersede any separate non-disclosure agreement that is or may in the future be entered into by the parties hereto. Any additional, supplementary, or conflicting terms supplied by the Customer, including those contained in purchase orders or confirmations issued by the Customer, are specifically and expressly rejected by LN unless LN expressly agrees to them in a signed writing. The terms contained herein shall control and govern in the event of a conflict between these terms and any new, other, or different terms in any other writing. These Master Terms can be executed in counterparts, and faxed or electronic signatures will be deemed originals. AUTHORIZATION AND ACCEPTANCE OF TERMS HEREBY CERTIFY that I am executing these Master Terms as the authorized representative of Customer and that I have direct knowledge of and affirm all facts and representations made above. CUSTOMER: Signature Print Name Title Dated (mm/dd/yy) CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69t&rbf 715 Boynton Beach, FL December 9,2019 Exhibit F LexisNexis Risk Solutions Government Application The information submitted on this Application will be used to determine the applicant's eligibility for accessing the services and products of LexisNexis Risk Solutions FL Inc. and its affiliates(hereinafter"LN").To avoid delay, please provide all information requested. By submitting this Application, the applicant hereby authorizes LN to independently verify the information submitted and perform research about the individuals identified. Acceptance of this Application does not automatically create a business relationship between LN and the applicant. LN reserves the right to reject this Application with or without cause and to request additional information. Applicant acknowledges and understands that LN will only allow applicant access to the LN Services if applicant's credentials can be verified in accordance with LN's internal credentialing procedures. Section I —Agency Information —please d. not Full legal name of agency: Main phone number for address*: *If this is a cell, additional documents may be req u i red If this application is for an additional account, Parent Fax number: account number: Physical Address where LN services will be Previous``address if at the current address less than 6 months: accessed — P.O. Box/Mail Drops cannot be accepted;(street, city, state, zip): Website address: External Agency IP Address (https://www.whatismyIP.com): External Agency IP Range- From: External Agency IP Range—To Agency information: ❑ Federal Government ❑ Federal Law Enforcement ❑ Local/Municipal Government ❑ State Government ❑ State Law Enforcement ❑ Local/Municipal Law Enforcement ❑ Other (please explain): Section II —Administrator and Main Contact Information (for additional administrators, please provide additional sheets) Product Administrator or Main Contact(first& last Title: name): E-Mail Address: Admin IP Address: Required for local and municipal agencies: Administrator Home Address (street, city,state, zip): Administrator Date of Birth: Section III— Billing Information BillingContact (first& last name): check here if same as Title: Administrator O Billing;,Address (street, city,state,zip): Telephone: E-Mail Address: Sales Tax Exempt: CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tSW& 715 Boynton Beach, FL December 9,2019 ❑ No ❑ Yes— please provide proof of exemption Do you require a PO number on invoice: ❑ No ❑ Yes If Yes, provide PO Number: Section IV— Business-to-Business Vendor Required for local and municipal agencies: Company Name: Contact: Business Address (street, city, state, zip): Contact Phone Number: E-mail Address: Account Number (if applicable): Section V—Site Visits Site visits may be required to assure Applicant eligibility for LN products or services. By submitting this Application, Applicant agrees to authorize a site visit by LN or its approved third-party, and agrees to cooperate in its completion. If the contact for coordinating the site visit is not identified above as the Administrator, please provide the site visit contact's information below: Contact Name: Contact Phone: Contact Email Address: Signature I HEREBY CERTIFY that I am authorized to execute this Application on behalf of the Agency listed above and that I have direct knowledge of the facts stated above. Applicant Signature: Date Signed: Applicant Name: Title: CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and 6&tSlS'bf 715 Boynton Beach, FL December 9,2019 Exhibit G - NON-FCRA PERMISSIBLE USE CERTIFICATION —GOVERNMENT Customer(Agency) Name: DBA: Address: City, State, Zip: Contact Phone: Name: RE E Please describe vour purpose of use: Definitions. Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, the GLBA-) Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the"DPPA') Law Enforcement encies ni : Review and, if appropriate, certify to the following: Customer represents and warrants that it will use the LN Services solely for law enforcement purposes, which comply with applicable privacy laws including, but not limited to the GLBA and the DPPA. To certify, check here: ❑ Proceed to SECTION 3. QUALIFIED ACCESS SECTIONTI - NOT APPLICABLE TO LAW ENFORCEMENT Some LN Services use and/or display nonpublic personal information that is governed by the privacy provisions of the GLBA. Customer certifies it has the permissible purposes under the GLBA to use and/or obtain such information, as marked below, and Customer further certifies it will use such information obtained from LN Services only for such purpose(s)selected below or, if applicable,for the purpose(s) indicated by Customer electronically while using the LN Services, which purpose(s) will apply to searches performed during such electronic session: ❑ No applicable GLBA exception/permissible use. Proceed to SECTION 2. DPPA PERMISSIBLE USES (At least one (1) must be checked to be permitted access to GLBA data) ❑ As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer. ❑ As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer by verifying the identification information contained in applications. ❑ To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. ❑ In required institutional risk control programs. ❑ In resolving consumer disputes or inquiries. ❑ Use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer. ❑ Use by persons acting in a fiduciary or representative capacity on behalf of the consumer. ❑ In complying with federal, state, or local laws, rules, and other applicable legal requirements. ❑ To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including a Federal functional regulator,the Secretary of Treasury, a State insurance authority, or the Federal Trade Commission), self- regulatory organizations, or for an investigation on a matter related to public safety. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tSfebf 715 Boynton Beach, FL December 9,2019 SECTION - NOT APPLICABLE A Some LN Services use and/or display personal information, the use of which is governed by the DPPA. Customer certifies it has a permissible use under the DPPA to use and/or obtain such information and Customer further certifies it will use such information obtained from LN Services only for one (1) or more of the purposes selected below or for the purpose(s) indicated by Customer electronically while using the LN Services, which purpose(s) will apply to searches performed during such electronic session: ❑ No permissible use. Proceed to SECTION 3. QUALIFIED ACCESS (At least one (1) must be checked to be permitted access to DPPA data) ❑ For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders,or pursuant to an order of a federal, state, or local court. ❑ For use in the normal course of business by a legitimate business or its agents,employees,or contractors, but only— (A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against,the individual. ❑ Use by a government agency, but only in carrying out its functions. ❑ Use by any person acting on behalf of a government agency, but only in carrying out the agency's functions. ❑ Use by an insurer (or its agent) in connection with claims investigation activities or antifraud activities. ❑ In connection with motor vehicle safety or theft, or driver safety (except by or for a motor vehicle manufacturer). ❑ Use by an employer or its agents or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under Chapter 313 of Title 49 of the United States Code. ❑ For use in providing notice to the owners of towed or impounded vehicles. ❑ For use in connection with the operation of private toll transportation facilities. With regard to the information that is subject to the DPPA, some state laws' permissible uses may vary from the permissible uses identified above. In such cases, some state information may not be available under each permissible use listed above and/or Customer may be asked to certify to a permissible use permitted by applicable state law to obtain information from a specific state. Customer agrees and certifies it will use the information described above only in accordance with the permissible uses selected above or those selected subsequently in connection with a specific information request. SECTION Certain users ("Authorized Users") may be able to obtain full social security numbers (nine (9) digits) and driver's license numbers (collectively,"QA Data'), when appropriate, through some LN Services. Only those users that are within the Authorized User List below, and that use QA Data for an Authorized Use identified below, may qualify. To potentially qualify as an Authorized User, Customer must certify that its business is within the Authorized User List below and its use of QA Data is within the Authorized Use List below. ❑ Customer is NOT requesting access to QA Data. Proceed to SECTION 4. DEATH MASTER FILE CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and69t�( bf 715 Boynton Beach, FL December 9,2019 ❑ Customer is requesting access to QA Data. Complete the sections below. What department will be using QA Data? SOCIAL SECURITY NUMBERS ❑ Not an authorized user. Proceed to DRIVER'S LICENSE NUMBERS ❑ Federal, state or local government agency with law enforcement responsibilities. ❑ Special investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detecting, investigating or preventing fraud. ❑ Financial institution for the purposes of (a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collecting debt on their own behalf, and (d) such other uses as shall be appropriate and lawful. ❑ Collection department of a creditor. ❑ Collection company acting on behalf of a creditor or on its own behalf. ❑ Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe your business: 1. AUTHORIZED USER(At least one (1) must be checked to receive Social Security Numbers) Z. AUTHORIZED USE (At least one (1) must be checked to receive Social Security Numbers) ❑ Location of suspects or criminals. ❑ Location of non-custodial parents allegedly owing child support and ex-spouses allegedly owing spousal support. ❑ Location of individuals alleged to have failed to pay taxes or other lawful debts. ❑ Identity verification. ❑ Other uses similar to those described above. Describe your use: By selecting above,the Customer certifies that it is an Authorized User, and that it will use Social Security Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s). CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tSfebf 715 Boynton Beach, FL December 9,2019 DRIVER'S LICENSE NUMBERS ❑ Not an authorized user. Proceed to SECTION 4. DEATH MASTER FILE 1. AUTHORIZED USER(At least one (1) must be checked to receive Driver's License Numbers) ❑ Federal, state or local government agency with law enforcement responsibilities. ❑ Special investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detecting, investigating or preventing fraud. ❑ Financial institution for the purposes of (a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collecting debt on their own behalf, and (d) such other uses as shall be appropriate and lawful. ❑ Collection department of a creditor. ❑ Collection company acting on behalf of a creditor or on its own behalf. ❑ Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe our business: Z. AUTHORIZED USE At least one must be checked to receive Driver's License Numbers ❑ Location of suspects or criminals. ❑ Location of non-custodial parents allegedly owing child support and ex-spouses allegedly owing spousal support. ❑ Location of individuals alleged to have failed to pay taxes or other lawful debts. ❑ Identity verification. ❑ Other uses similar to those described above. Describe your use: By selecting above, the Customer certifies that it is an Authorized User, and that it will use Driver's License Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s). DEATHSECTION 4. 7 For access to Limited Access DMF Data only. ❑ No permissible purpose. Proceed to AUTHORIZATION AND ACCEPTANCE OF TERMS i. Definitions. For purposes of this Certification, these terms are defined as follows: a. DMF Agreement: The Limited Access Death Master File Non-federal Licensee Agreement for Use and Resale executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government (NTIS, as below defined). The DMF Agreement form is found at www.lexisnexis.com/risk/DMFDocuments. b. Certification Form: The Limited Access Death Master File Subscriber Certification Form executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government(NTIS, as below defined). The Certification Form is found at www.lexisnexis.com/risk/DMFDocuments. c. DMF: The federal Death Master File. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tS!9Pbf 715 Boynton Beach, FL December 9,2019 d. NTIS: National Technical Information Service, U.S. Department of Commerce e. Open Access DMF: The DMF product made available through LN, which obtains the data from NTIS, and which does not include DMF with respect to any deceased individual at any time during the three- calendar-year period beginning on the date of the individual's death. Open Access DMF data should not be accessed pursuant to this Certification but should be accessed pursuant to a customer contract for such DMF data that is not Limited Access DMF. f. Limited Access DMF: Limited Access DMF includes DMF data with respect to any deceased individual at any time during the three-calendar-year period beginning on the date of the individual's death. Limited Access DMF is made available through LN as a Certified Person, by NTIS. This Certification governs Customer's access to Limited Access DMF from LN (or the applicable LN affiliate), whether full or partial Limited Access DMF records or indicators of deceased status, and via any format, including online, XML feed, or in-house file processing through LN. II. Certification. Customer's access to the Limited Access DMF requires certification of purpose,as required by 15 CFR Part 1110 and section 1001 of Title 18, United States Code. Customer hereby certifies that it has the indicated permissible purpose(s) under part (a) of this Section II ("Certification') and that it meets the requirements of part (b) of this Section II: (a) Such Customer has a legitimate fraud prevention interest, or has a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty, will use the Limited Access DMF only for such purpose(s), and specifies the basis for so certifying as (choose any applicable purposes that apply to Customer's use): ❑ Legitimate Fraud Prevention Interest: Customer has a legitimate fraud prevention interest to detect and prevent fraud and/or to confirm identities across its commercial business and/or government activities. ❑ Legitimate Business Purpose Pursuant to a Law, Governmental Rule, Regulation,or Fiduciary Duty: Customer has one or more of the purposes permitted under 42 USC 1306c including fraud prevention and ID verification purposes. Customer's specific purpose(s) for obtaining Limited Access DMF data under this Certification is: ❑ Fraud Prevention and identity verification purposes ❑ For uses permitted or required by law ❑ For uses permitted or required by governmental rules ❑ For uses permitted or required by regulation ❑ For uses necessary to fulfill or avoid violating fiduciary duties and (b) Customer has systems,facilities,and procedures in place to safeguard Limited Access DMF,and experience in maintaining the confidentiality, security, and appropriate use of such information, pursuant to requirements similar to the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986, and (c) Customer agrees to satisfy the requirements of such section 6103(p)(4) as if such section applied to Customer. III. Flow-down Agreement Terms and Conditions The Parties agree that the following terms and conditions are applicable to Customer and ordering, access to, and use of Limited Access DMF: 1. Compliance with Terms of Agreement and CFR. Customer of Limited Access DMF must comply with the terms of the DMF Agreement and the requirements of 15 CFR Part 1110, as though set forth as a Subscriber therein, and Customers may not further distribute the Limited Access DMF. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W6&tddbf 715 Boynton Beach, FL December 9,2019 2. Change in Status. Should Customer's status change such that it would no longer have a permissible purpose to access Limited Access DMF under this Addendum, Customer agrees to immediately notify LN in writing in the manner and format required for notices under the Contract. Should Customer cease to have access rights to Limited Access DMF, Customer shall destroy all Limited Access DMF, and will certify to LN in writing that is has destroyed all such DMF. 3. Security and Audit. Customer will at all times have security provisions in place to protect the Limited Access DMF from being visible,searchable, harvestable or in any way discoverable on the World Wide Web. Customer understands that any successful attempt by any person to gain unauthorized access to or use of the Limited Access DMF provided by LN may result in immediate termination of Customer's access and this Addendum. In addition, any successful attempt by any person to gain unauthorized access may under certain circumstances result in penalties as prescribed in 15 CFR § 1110.200 levied on Customer and the person attempting such access. Customer will take appropriate action to ensure that all persons accessing the Limited Access DMF it obtains from LN are aware of their potential liability for misuse or attempting to gain unauthorized access. Any such access or attempted access is a breach, or attempted breach, of security and Customer must immediately report the same to NTIS at dmfcert@ntis.aov; and to LN by written notification to the LN Information Assurance and Data Protection Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005 and by email (security.investigations@lexisnexis.com) and by phone (1- 888-872-5375). Customer agrees to be subject to audit by LN and/or NTIS to determine Customer's compliance with the requirements of this Addendum, the Agreement, and 15 CFR Part 1110. Customer agrees to retain a list of all employees,contractors, and subcontractors to which it provides Limited Access DMF and to make that list available to NTIS and/or LN as part of any audits conducted hereunder. Customer will not resell or otherwise redistribute the Limited Access DMF. 4. Penalties. Customer acknowledges that failure to comply with the provisions of paragraph (3) of the Certification Form may subject Customer to penalties under 15 CFR § 1110.200 of $1,000 for each disclosure or use, up to a maximum of$250,000 in penalties per calendar year,or potentially uncapped for willful disclosure. 5. Law, Dispute Resolution,and Forum. Customer acknowledges that this Addendum is governed by the terms of federal law. Customer acknowledges that the terms of Section 14 of the Agreement govern disagreement handling, and, without limitation to the foregoing, that jurisdiction is federal court. 6. Liability. The U.S. Government/NTIS and LN (a) make no warranty, express or implied, with respect to information provided under the Agreement, including but not limited to, implied warranties of merchantability and fitness for any particular use; (b) assume no liability for any direct, indirect or consequential damages flowing from any use of any part of the Limited Access DMF, including infringement of third party intellectual property rights; and (c) assume no liability for any errors or omissions in Limited Access DMF. The Limited Access DMF does have inaccuracies and NTIS and the Social Security Administration (SSA), which provides the DMF to NTIS, and LN, do not guarantee the accuracy of the Limited Access DMF. SSA does not have a death record for all deceased persons. Therefore,the absence of a particular person in the Limited Access DMF is not proof that the individual is alive. Further, in rare instances, it is possible for the records of a person who is not deceased to be included erroneously in the Limited Access DMF. Customer specifically acknowledges the terms of Attachment B to the Agreement, which terms apply to Customer. 7. Indemnification. To the extent not prohibited by law, Customer shall indemnify and hold harmless NTIS and the Department of Commerce from all claims, liabilities, demands, damages, expenses, and losses arising from or in connection with Customer's, Customer's employees', contractors', or subcontractors'use CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and 6&t d,5$f 715 Boynton Beach, FL December 9,2019 of the Limited Access DMF. This provision will include any and all claims or liability arising from intellectual property rights. 8. Survival. Provisions hereof related to indemnification, use and protection of Limited Access DMF, audit, disclaimer of warranties, and governing law shall survive termination of this Addendum. 9. Conflict of Terms. Customer acknowledges that the terms of this Addendum, in the event of conflict with the terms of the Contract, apply in addition to, and not in lieu of, such Contract terms, with respect to the Limited Access DMF only. AUTHORIZATION AND ACCEPTANCE OF TERMS I HEREBY CERTIFY that I have direct knowledge of the facts stated above and that I am authorized to execute this Certification on behalf of the Customer listed above. CUSTOMER: Signature Print Name Title Dated (mm/dd/yy) CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions Terms and W69tffbf 715 Boynton Beach, FL December 9,2019 APPENDIX A MSI AZURE GOVCLOUD SERVICES COMPLIANCE DETAILS Table of MSI Azure GovCloud Services Compliance Details is provided separately. CommandCentral Aware 19-99575/FLP19P140A Motorola Solutions MSI Azure GovCloud Services Compliance DetailVAU4t'M-bf 715 DocuSign Envelope ID: C321 W 6-4A27-4A33-A40B-FC3FO8A8B56C WGAPPW INTIERLOCAL CONTRACT FOR HX No.: 700 COOPERATWE PIJRCHASING ILC18-6755 Vamww Numb&—rd ky UQAC THIS INTERLOCAL CONTRACT("Contract'!,made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791,Texas Government Code(the"Act"),by and between the Houston-Galveston Area Council,here'nfierre ferred to as"H-GAC,"having its principal place of business at 3555 Timmons Lane,Suite 120,Houston,Texas 77027,and City of Boynton Beach,a local government,a state agency,or a non-profit corporation created and operated to provide one or more governmental functions and services,hereinafter referred to as"End User,"having its principal place of business at 100 East Boynton Beach Boulevard Boynton Beach,FL 33435. VVITNESSETH WHEREAS,H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391,Texas Local Government Code;and WHEREAS,pursuant to the Act,H-GAC is authorized to contract with eligible entities to perform governmental functions and services,including the purchase of goods and services;and WHEREAS,in reliance on such authority,H-GAC has instittited a cooperative purchasing program under which it contracts with eligible entities under the Act;and WHEREAS,End User has represented that it is an eligible entity under the Act,that its governing body has authorized this Contract on 05102/2018(Date),and that it desires to contract with H-GAC on the terms set forth below; NOW,THEREFORE,H-GAC and the End User do hereby agree as follows: ARTICLE 1: LEGAL AMORECY The End User represents and warrants to H-GAC that(1)it is eligible to contact with H-GAC under the Act because it is one of the following:a local government,as defined in the Act(a county,a municipality,a special district,or other political subdivision of the State of Texas or any other state),or a combination of two or more of those entities,a state agency(an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code,or a similar agency of another state),or a non-profit corporation created and operated to provide one or more governmental functions and services,and(2)it possesses adequate legal authority to enter into this Contract. ARTICLE 2:APLIC ABLULAWS H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations,and ordinances and laws in effect or promulgated during the teen of this Contract. ARTICLE 3:WHOLE AGREEMENT This Contract and any attachments,as provided herein,constitute the complete contract between the parties hereto,and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4LEERYDIRMANCEP ERIOD The period of this Contract shall be for the balance of the fiscal year of the End User,which began 10101/2017 and ends 09/30/2018.This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year,provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H-GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract, ARTICLE SL&COPE OF SERVICES The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H-GAC Cooperative Purchasing Program.End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order,in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership(title)to products purchased through H-GAC shall transfer directly from the contractor to the End User. Page 604 of 715 DocuSign Envelope ID: C321 W 6-4A27-4A33-A40B-FC3FO8A8B56C AR11C------6:.MMENTS H-GAC will confirm each order and issue notice to contractor to proceed.Upon delivery of goods or services purchased,and presentation of a property documented invoice,the End User shall promptly,and in any case within thirty(30)days,pay H- GAC's contractor the fall amount of the invoice.All payments for goods or services will be made from current revenues available to the paying party.In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an H-GAC contractor, ARTICLE 7L. CHANCES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties,except that any alterations,additions,or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment her and shall become effective on the date designated by such law or regulation. H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES H-GAC or the End User may cancel this Contract at any time upon thirty(30)days written notice by certified mail to the other party to this Contract.The obligations of the End User,including its obligation to pay H-GAO's contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation,as well as any other obligation incurred under this Contract,until performed or discharged by the End User. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable,such determination shall not affect any other to of this Contract,which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the to specified of any obligation or duty placed on such party by reason of or through strikes,stoppage of labor,riot fire,flood,acts of war,insurrection,accident,order of any court,act of God,or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance,in such event the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed;provided,however,force majeure shall not excuse an obligation solely to pay funds.Determination of force majeure shall rest solely with H-GAC. ARTICLE 11:VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS: City of Boynton Beach Houston-Galveston Area Council Name of End User(local government,agency,or non-profit 3555 Timmons Lane,Suite 120,Houston,TX corporation) 77027 DocuSigned by: 100 East Boynton Beach Boulevard By: Mailing Address Execu lve ire or 5/23/2018 Boynton Beach,FL 33435 Data: City,State ZIP m Y�4jzjl Signature of chief elected or appointed official Lori LaVerriere,City Manager Typed Narne&Title of Signatory Page 605 of 715 DocuSign Envelope ID: C3211A16-4A27-4A33-A40B-FC3F08A8B56C Date: 3 IR Page 606 of 715 .. ......... DocuSign Envelope ID:4924AB7C-4EA3-461 5-BE52-140788FO38A5 11-GA'" Houston-Galveston Area Council P.O.Box 22777.3555 Timmons-Houston,Texas 77227-2777 Cooperative Agreement -Motorola Solutions.Ine, -Publiv Services-18-00196 GENERAL PROVISIONS This Agreement is made and entered into,by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Motorola Solutions, Inc., hereinafter referred to as the Contractor, having its principal place of business at 500 West Monroe Street, 44th Floor, Chicago, IL 0661. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and 'WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1:LEGAL AUTHORITY of parties warrant and assure that each possesses adequate legal authority to enter into this Agreement.The governing body,where applicable, has authorized the signatory official(s)to enter into this Agreement and bind the respective parties to the terms of this Agreement and any subsequent amendments hereto. ARTICU..a.ARP 1J(.'AB,LE_IJA The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives,standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers'compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: INDEPENDENT CONTMCTOR The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H- GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government.Employees of the Contractor are subject to the exclusive control and supervision of the Contractor.The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 4:WHOLE AGREEMENT ...................___ - ...... The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement("Agreement")between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 5:SCOPE OF SERVICES Page 607 of 715 DocuSSigra Envelope ID:4924AB7C4.EA346'15-SE52-1407BBF038,6�5 The rvices to be performed by the Contractor are outlined in anAttachment to this Agreement. AR11CLE&LEERFUNANCEEERM This Agreement shall be performed during the period which begins May 01 ` 018 and ends Apr 30 021, All services under this Agreement raust be rendered within this performance period, unless directly specified under a written change or extension provisioned tinder Article 15, which sball be fully executed by both parties to this Agreernelit. ARTICLE-7: PAYMENT OR,FUNDING Payment provisions under this Agmernent are outlined in the S'pecial Provisions. ARTICLE.-&- If the, Contractor fails to submit toH-GACil in as timeLy and satisfactmy manner any report required by this Agreement,or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 16 of these General Provisions. H-GrAC has final determination of the adequacy of performance and reporting by Contractor, Termination of this agreement for failure to perforin may affect Contractor's ability to participate in future opportunities with H-GAC.The Contractor's failure to timely submit anyreport may also be considered cause for termination of this Agreement, Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement. AR RTICLE 9.INSURANCE Contractor shall maintaiti it coverage for work perforined or services rendered under this Agreement as outlined and defined in the attached Special Provisions, &1�'XICLE Iff:SUB CON TRACTS,arld ASSIGNMENTS Except asmay be set forth in the Special Provisions, the Contractor agrees not to subcontract, assigri, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written apprcmal of H-G'AC, whieb will not be unreasonably withheld. The C"ontractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor.The C'ontractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendereA by the Clontractor. (1,ontrac-tor shall give all required notices, and comply with all laws and regulations applicable tea.fair nisbing and performance of the work.Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be resj:mnsible for monitoring Contractor's compliance, or that of Contractor's subcontractors, with arry laws or re-gulations. AR-111 CLE I I A ljl DIT Notwithstanding any other audit requirement, H-AC reserves the right to canduct or cause to be conducted an independent audit of aky transaction under this Agreement, such audit may be performed by the Id-GAC local government audit staff, as certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices.The Contractor understands and agrees that the Contractor shall he liable to the H- .AC for any findings that result in monetary(.,*ffigations to H-G' In no circumstances will Contractor be required to create or maintain documents nrA kept in the ordinary course of its business operations, nor will Contractor be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietar.y. ARTICLE 2:EXAMINATION.0VA-E-CORDS The Contractor shall maintain during the course of the wol,k complete and accurate records of all of the Contractor's invoices and pertinent documentation of items which are chargeable to H-GYAC under this Agreement, H-GAC, through its staff or designated public accounting firni, the State of Texas, and United States Government, shall have the right at any reasonable three to inspect, copy and audit Page 608 of 715 DocuSign Envelope ID:4924AB7"EA3-4615-8E52-140788F03BA5 those pertinent records on oro the premises by authorized representatives of its own or any public accounting firm selected by H- GAC. The right of access to records is not limited to the required retention period,but shall last as to as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor orthird-party agreements. ARTICLE IS:RETENTION OF RECORDS .........._- The Contractor and its subcontractors shall maintain all records pertinent to this Agreement for a period of seven (7)years from the later of the date of acceptance of the final payment or until all it findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records all be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7)years, whichever is later, and until any outstanding litigation, audit,or claim has been fully resolved. ARTICLE 14: CHANGES AND AMENDMENTS __--------------------------_-.................__ A. Any alterations, additions,or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment thata ect the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing.After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualitring the terms of this Agreement and shall be binding upon the parties as if written herein. ARTICLE 15:TERMINATIQN,PROQ DURES The Contractor acknowledges that this Agreement may be terminated for Convenience or Default. A. Convenience H-GAC may terminate this Agreement at any time, in whole or in part,with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of 14- GAC, by providing thirty(30)days written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Agreement upon submission of thirty (30)days written notice,presented to H-GAC via certified mail.The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. BDefault H-GAC may,by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof,or (2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement to is significantly endangered, and in either of these two instances does not cure such failure within a period of fifteen (15)days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. ARTICLE 16: SEVERABILITY ....................... ....................... H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid Page 609 of 715 DocuSign Envelope ID: 24A67C-4 -4615- E52-1407 8Fo or unenforceable, such determination shall notaffect any other term of this Agreement,which shall continue in full force and effect. ARTI17. �._ _ .. ....__ ,.. To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood,acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably eyo theparty's control and not attributable to its neglect or nonfeasance,in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed.The party affected by the Force Majeure will notify the other within fifteen (15) days. Determination of force majeure shall rest solely with H-CAC. ._.. 1 1,V ... TT.e-INTEREST No officer, member or employee of the Contractor or subcontractor, no member of the governing body o the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement is affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement. _._ARTICLE�rc1._ CE . ..... �----- — Contractor agrees to comply with all applicable federal statutes relating to nondiscrimination, labor standards, and environmental compliance.Additionally, for work to be performed under the Agreement or subcontract thereof,including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations.These may include, but are not limited to: (a)Title Vl of the Civil Rights Act of 1964(P.L. -352)which prohibits discrimination on the basis of race,color or national origin; )Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c)the Fair Labor Standards Act of 193 (29 USC 676 et. se .), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e)the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq) and the Age Discrimination Act of 1974, as amended ( 2 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (f)the Drug Abuse Office and Treatment Act of 1972 (P. -255), as amended, relating to nondiscrimination on the basis of drug abuse; ( )the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 ..L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; ( ) §§ 523 and 527 oft e Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- ),as amended, relating to confidentiality of alcohol and drug abuse patient records; (i)Title VIII of the Civil Rights Act of 196 (42 U.S.C. § 3601 et e .), as amended, relating to nondiscrimination int the sale, rental or financing of housing; (j)any other nondiscrimination provisions in any specific statute(s)applicable to any Federal funding for this Agreement; ( )the requirements of any other nondiscrimination statute(s)which may apply to this Agreement; (1) applicable provisions of the Clean Air Act(42 U.S.G. §7401 et se .), the Federal Water Pollution Control Act, as amended ( 3 U.S.C. §1251 et .), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (in) applicable provisions of the Davis• Bacon Act(40 U.S.G. 276a - 26a-7), the Copeland Act(40 U.S.C. 27c), and the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-332), as set forth i Department of Labor Regulations at 20 CPR 5.5a; ( ) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act( .L. 94-163). ARTICLE20- CRIMINALmPROWn,n�(� �.� �A. a._ I ONS The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the AC, the State of Texas, and the acts and regulations of any related state or federal agency.The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24)hours o Page QN of 715 DocuSign Envelope ID;4924AB7C-4EA34615-BE52-140786F03BA5 knowledge thereof. Contractor shall notify 11-GAC of any serious accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four(24)hours of such occurrence.Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two(2)hours of discovery of any such act. The Contractor her agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which of adversely affect the Contractor's ability to perform services under this Agreement. ARTICLE 21:INDEMNIFICATION AND RECOVERY H-GAC's liability under this Agreement,whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to teextent permitted by law,to defend and of harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs,expenses (including reasonable attorney fees), actions, causes of action,judgements, and liens arising as a result of Contractor's negligent act oromission under this Agreement. Contractor shall notifyH-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement. ARTICLE 22:LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor's total liability under this Agreement, whether for breach of contract,warranty, negligence., strict liability, in tort or otherwise,but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages tothe full extent such use may be disclaimed by law. Contractor understands and agrees that itshall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement. ARTICLE, 3: ITL NOTRESTRICTIVE The titles assigned to the various Articles of this Agreement are for convenience only.Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement. ARTICLE 24 -----JOINT WORK PRODUCT This Agreement is the joint work product of H-GAC and the Contractor.This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in ........... —— ------- , accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ART111CLE1125: DIS-PUTES All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty(30)days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of 11-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of Page 611 of 715 DocuSign En ID:4924AB7C-4EA3-4615-BE52-1407B8F038A5 its position.The decision of the Executive Director after any such rehearing shall be final and conclusive.The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- C's nal decision. ARTICLZ-2-6-- Ca OICE OF LAW VENUE This Agreement shall be governed by the laws of the State of Texas.Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County,Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 27:ORDER OF PRIORITY ------- ... In the case of any conflict between or within this Agreement,the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3)Scope of Work, and, 4) Other Attachments. Page 612 of 715 DocuSign Enure kpe ID:4924AB7C-4EA34615-8E52-1407B8F038A5 SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by- Motorola Solutions,Inc. H-GAC WFVjjb;yjt Domftmd& : at IXtura WA cs�! 670OW83AMOS 82EC27OD5061423 Name Travis Boettcher Name Chuck Wernple Title vice President Title Executive Director Date 7/2512018 Date 712412018 Page 613 of 715 DocuSign Envelope ID.4924AB7C-4EA3-4615-BE52-1407BBF03BA5 ell GAu Houston-Galveston Area Council P.O.Box 22777-3555 Timmons, Houston,Texas 77227-2777 CooperativeAgreement, Motorola Solutions,111C. _PublicServices- 18-00196 18-O0196 SPECIAL PROVISIONS Incorporated by attachment, as part of the whole agreement,11-GAC and the Contractor do,hereby agree to the Special Provisions as follows: AR11CLE, *. BIDSLERUE125ALS INQUEEMIAM In addition to the whole Agreement,the following documents listed ill order of priority are inco4lorated into the Agreement by rcrerence: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal. T ; il ll I I•- i USER ill 11 F i ! I Ill :Jll Ill. 6 s,I H-G AC acknowledges that the END USER may choose to enter into an End User Agreement("EUA-)with the Contractor through this Agreement,and that the term of the EUA may exceed the to of the current H-GAC Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's terms and conditions, Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contrac Agreement with H-GAC.Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the E 's stated terms and duration. Pursuant tothe terms of this Agreement,termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS.Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving ten-nination of this Agreement between H-GAC and Contractor. TIG 13; HQ51 EA z W, C S'' :ill CLAUSE If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties,benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall he deemed to be automatically retroactively amended,to the effective date of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices, warranties,benefits,or terms to H-GAC and its END USE as provided in its most favorable past agreement. H-GAC shall have the right and option at any time to decline to accept any such change,in which case the amendment shall be deemed null and void, If Contractor claims that a more favorable price, warranty, benefit,or to that was charged ora er to another entity during the to of this Agreement, does not constitute more favorable treatment,than Contractor shall,within ten (10)business days,notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor's written explanation.may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively,to the effective date of the most favored agreement,to provide the same prices, warranties,benefits,or terms to H-GAC and the END USER. EXCEPTION.- This clause shall not be applicable to the sale of large cornnjunicationssyslems (one Page 614 of 715 DocuSign Envelope ID:4924AB7C-4EA3-4615-8E52-1407B8F038A5 million dollars(,000,000.00)and above). The term "Communication Systems"shall refer to a project that includes the sale qf infrastructure hardware andlor softKare, user devices, and Contractor engineering and installation service. The contract far a "Communication System"will always have a Statement of or and an Acceptance Test Plan. This clause shall also not be applicable to pre-existing contracts Contractor has in the State 9f Texas, The term 'pre-existing"shall refer to contracts in existence as o the effective Pctive date of this Agreement. MUICLE 4; EARTY LIABIL13:Y Contractor's total liability under this Agreement,whether for breach of contract, warranty,negligence, strict liability, in to or otherwise, is limited to the price oft e particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC,its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement. AH11CLE 5; 02YERNING LAW&VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H- GAC of such disputes. AR11CLE fi; SALES AND-0-RUER MUCES SING CHARGE Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. - ill invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USE order. Contractor shall remit to H-GAC the full amount oft e applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance.Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty(30)calendar days or ten(10) business days after receipt of an END USE 's payment, whichever comes first, notwithstanding Contractor's receipt of invoice. For sales made by Contractor based on this Agreement,including sales to entities without Interlocal Agreements,Contractor shall pay the applicable order processing charges to H-GAC.Further, Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement tcnnination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor.At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor. AR11CLE 2; LIQUIDATE D DAMAGES Any liquidated damage termswill be determined between Contractor and End User at the time End User's purchase order is placed. ARTICLE 8; INS11HAMU Unless otherwise stipulated in Section 13 ofthe Bid/1"roposal Specifications, Contractor 111LISt 1111%-C the following insurance wid coverage- insurance with a Sill& OCCUrreme limit ofat least M00,00O.W alld a a Gencral liabilit% -alAggrc Genci Late hinit of t000.000. Product liability insurance with at Single Occun-eiicc limit of at least M00.000.00, ami a Page 615 of 715 DocuSign Envek)pe ID:4924AB7C-4EA3-4615-8E52-1407B9F038M e limit for all Products General Aggrc_t,,atc limit of at least two times the Single Occurrenc B except Automotive Fire Apparatus. For Automotive Fire Alip,aratus, see Section ofthe Bid/Proposal Specifications. Property Damage or Destruction insurance is required for coverage of End Wer owned equipment while in Contractor's possession, custody or control. The rnininium Single Occurrence limit is 000.00 and the General Aggregate limit must be at least two threes the Single Occurrence limit. Thisinsurance may be carried in several ways. e.g. under an Inland Marine policy. as pail of Automobile coverage, or under a Garage Keepers policy. in any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC, b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof,plus the number ot'dayshrionths required to deliver any outstanding order after the close of the contract period. c. PDF Insurance Certificates must be flumished to H-GAC after contract execution and at policy renewal during term of contract, showing Contractor as the insured and showing coverai, ,c and limits for the insurances listed above. d If any Product(s)or Service(s) will be provided by parties tither than Conti-actor, all such parties are required to carry the insurance coverages specified herein, and if'requested by Ill- GACa separate insurance certificate must be submitted for each such party. AUICLE 9: PEREOHAANC E ANDPAYdEDULDON12S E N121YIDIUAL ORDER H-GAC's contractual requirements DO NOT include a Performance&Payment and (PPB);therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (1 0) days of receipt of END USER's purchase order. ARECLE 10; CHAINGEOE SIAM Contractor shall immediately notify H-GAC,in writing,of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status,or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement. Page 616 of 715 DocuSign Envelope ID:4924AB7C-4EA3-461"E52-1407BBF038A5 Attachment A Motorola Solutions,Inc. Radio Communication/Emergency Response&Mobile Interoperabillity Equipment Contract No.:RA05-18 H-GAC Item Description Offered Product I Ce (Offeror may not change any desetiption or add items) Price od Per the RFP Motorola Solutions has included an Electronics Catalogue for our equipment on a USB drive in lieu of listing each individual product and its NA options. In addition,a discount APCshed is attached in the pricing section and used to calculate all individual prices within the USB drive and alto avallable via Motorola Solutions Onling Motorola Solutions offers this extensive on-line program called Motorola Solutions On-Line that allows each -GAC end the user to check specific contract pricing.place orders,and check shipping estimates in addition to invoice history. The on-line tool is the most advanced of its kind in the Communications Industry: Per the RFP Motorola Solutions has included an Electronics Catalogue on a VSB drive in lieu of listing each individual product and its options. In NB addition,a discount APC shed is attached in the pricing section and used to calculate all individual prices within the USB drive and also available via Motorola Solutions Online- NC Mobile Command Interoperable Communication Equipment&Services --------- ND Motorola Solutions Integration Services LMR Motorola Solutions offers wide range of services including Integration, Installation and Training, 'Me cost of these services is regional in nature. Sam-,les below are listed for reference only ND Project Management Daily Rate* $ 1,818.00 ND System Engin ng Daily Rate* 1,818.00 System Technologist Daily Rate* $ 2,173.00 ND Standard Shop Installation: Hourly Rate* 5 150.00 ND Standard Shop Installation:Daily Rate* $ 1.200.00 ND Mobile Radio Installation* $180-55o ............. ND Radio Programming* ND Data Installation* $1804428 *Prices may vary by Region and Stated Scope.Travel Not Included ND Motorola Solutions Integration Services Advanced Services Motorola Solutions offers wide range of services including Integration, Installation and Training. The cost of these services is regional in nature. Samples below are listed for reference only. ND h19-1-1 Consolting SLrvices-Daily Rate* $1.694 ND5cxuty Pro—ject/Progr-am—Ma—n-a—g,c-m—c"nt--D—ai-l-y--R-ate*--,-"-""'............ $1,694 ND Wireless Security Technician-Daily Rate* $1,580 ND Security Penetration Tester(Wired Network)-Daily Rate* $1.580 Pagel 0178 Page 617 of 715 DocuSign Envelope ID:4924AB7C-4EA3-4615-8E52-1407BOF038A5 N . ..... ............ ........ D Socutriy'l"rainer-Daily Rate* $1,328 ND Application Security Code Reviewer-Daily Rate* $2,033 ...............— ND IT Incident Response mid E-Disco`cty Assitunce-Daily Rate* $1,694 ND IT Disaster Recovery Planner-Daily Rate* $1.580 ND IT Disaster Recovery Plan Tester-Daily Rate* $1,580 ND Buisness Continuity/Continuity of Government Planner-Daily Rate* $1,580 ND Buisness ConfinuitylContinuity of GovcmmLnt Plan Tester-Daily Rate* $1,580 ..........— ND Mobile Application Services Project Management-Daily Rate* $565 ND I Mobile Application Services System Engineer-Daily Rate* $565 Mobile Application Ser vices Solution Architech-Daily Rate* $2,033 ND Mobile Application Services Application and Solution DLsign-Daily Rate* $2,033 ND Mobile Application Services Application and Solution Implementation-Daily $2.033 Rate* ND Application Integration and Customization Services Project Management-Daily $1,694 Rate* ND 'Application Integration and Custornization Services System Engineer-Daily Rate* $1,694 .......... ND Application Integration and Customization Services Solution Architech-Daily $2,033 Rate* Application Integration and Custornization Services Application and Solution ND 1 $2,033 Destet-Dailv'Ratc* ND Application Integration and Customization Services Application and Solution $1,694 [mi lcmcntafioo Rate* ND Unified Communications Services Project Management-Daily Rate* $1,694 ND Unified Communications Services System Engineer-Daily Rate* $1,694 ND Unified Communications Services Solution ArchitLeb-Daily Rate* $2.033 ND Unified Communications Services Application and Solution Design-Daily Rate* $2.033 Unified Communications Services Application and Solution Implementation- f ND Dail" Rate* $1,694 ND Consulting Services Project Management-Daily Rate* $1,694 ND Consulting Services System Engineer-Daily Rate* $1,694 ND Consulting Services Solution Architech-Daily Rate* $2,033 1 ND Consulting Services Internet Protocol Network Accezinent-Daily Rate-*--—_$2,033, ..... ND Consulting Scrvics IP Network Design and integration- ally Rate* $2,033 Consulting Services IP Wide Area Network Backhaul Design and Integration- ND $2,033 DaiF Rate* ND Consulting Services Custoemr Network Int ace Design and Integration-Daily $2,033 020 GAD Equipment List 06,35T.—l—77D_Fq_uipment 10% !! 068 Cxr)7q5,1Fment 10% _Z3_2 .... 10% 297 autprntrrt 5% 330 CAD Equipment 5% 333 CAD Eq,,';rpmen� 10% 472 CAD EqOpmenl. 10% 473 r-AD-Equipment List 548 10% Page 2 of 8 Page 618 of 715 DDcuSign Envelope ID:4924AB7C-4EA3-4615-BE52-1407B8F038A5 789 CAD Equipment 10% 797 97 List 850 quimni List 879 CAD Equipment List 981 7777—quipmenl List 7-- 04-0 Daia Applications 15% 7 04-1 T50-aTpplications 10% i 7ata 77-51-i-ca-t-io-n-'s- 041 100/0 198—Data AppTi—cations 10% 153 Data Applications 16% N-3 ata-Tp-pMca- ons 10% 670 Uala AppTi-caFo-ns List 766 Main 7tip licaions List i To-7-577M—r)scn-w-r-D e-vices 15% 177 Data Subscriber Devices 15% 185 Data Subscriber Devices List 736 Data Subscribe-r-D—evices 22% 8551- MaUTSUE-sc-n55 r De vices 10% 006 !r5ispaicl) 7ervice 5% ispaicF 77ervic-e List 118 D ispatch Solutions 10 1xv 124- Dispatch Solutions I 129 =Spa ch Solulians 20% 156 rsoatch Solutions List 147 Dispatch Solut sons 10% 185 Dispatch SoIwons List---- 202" Dispatch Solutions 15% .......------ 207 Dispatch Solutions 10% 226 Dispatch Solubons 15% 228 DispaIc'n olutions 30% 229 rispatch Solutions 14% 261Dispig-6 Solutions 5% 322 Dispatch Solutions 15% 404 T-Aspa-Rc-h-RoTu- ons 20% 415 Dis-pa-TEoufioFs---' 10% 443 M— 43 ispaZ Mutions 20% �Dispatch S6utions 15% 520 VI-sp—atcr,"Olutions 10% 524 Dispatcovions 10% - 551 i s p a t c F-MoTu—,,(o rf s 77517 77= 660 10% 706 r7spaich Solutions 20% 708 775-5 t 7=71 F 17n 17% 729F— Dispaich Solutions 17% 7 740 17spatCh 71717 7-11, 15% 892 7-731G-177 73,110r1 10% M—Fixed Data Products 10% 279 Fixed Data Products 10% 342 Fixeld D-077FGMUM 10% 382 Fixed Data-T'r-r)7uc!s-"'- 10% 403T-`ixed Data Prolucts 15% 455 Fixed Data Products 15% 469 ixed kat a Products 10% 499 MX7 ja - Prbaucls 10% Rage 3 of 8 Page 619 of 715 DocuSign Envelope ID:4924AB7C-4EA3-4615-BE52-1407BOF03BA5 708 Fixed Data Products 17%u 222MX71 NOM,3707EWUlpN men—t 15% Y2-9Tx-f-UT'lot f quiPment 10% 381 Fixed Re work Eawpaient Orie, 207 Mel Mal-10777-7,77S . 273 Fixed 71-aTi-o-n-Accessones 10% 277............ Fixed Station Accessories 20% 457 Fixed 7151—ron Accessories 20% 3-15 —17mel 9155on Messones 20% Fixed 77-)Ialion-A—ccessones 15% 525 ler StationAccessones 15% ----Accessories 56 oxer' n 10% 0 207 Fixed SAn tation senna-Syste10 rns 10°/® 005 r-R-e Tc "M-al j ons 20% 112 75x-eT'S Fa t i o—ns 18% 225 Fixed Stations 272 Fixed Stations 20% 281 Fixed Stations 18,50% 301 Fixed 7—lations- 20% 360 iaxe d7,T-tions 21.50% 17-7 Fixed Stations 17% 4 17 Tixed SUtions 772--4 F 42ixed Stations 425 F ix e d Ma 1-10 ft -1-Fixed sialions 20% 474 F Wed tations 23% �09` Txe-cT-,S"[aTions 21.50% 512 F ixed IM-ions 23% ,C3-7 ;Ex7e, -",Z= 21.50% 590 �ixe -tations 21.50% 59-5 —mR;77,,i-zm;7- 18% 643 V mi,d z,to15% 675 Fixed Mations 20% 680 Fixed Stations 21.50% 744 F oxed--M-atlona 20% 811 Fixed Stifian—s 5% 18-1 Fixed abons 15% 013-7-ixe-d Meless Be db-anH 20% 075 Ixed ,re ass bFt6,1UF123n0 List F 224 ,=na :71 K(Td 1re�l 800 wess Bf,75715577 List 7 Fixed Wireless Bioadband 10% — 82 Fixed Wss ire �oadband 15% 8 1 7-04 FixedWro�es�-IiroadFiarirl 16% 906 Tixc-,.-d Wireless Mroa75M 15% 910 F ixed-Wire Tens Broadband 15% 947 F;ixed"T ireless roast-,ants 15%® 298 Infrastructure Repair 15% 901 r,?ecy@e-1--MrViZes List 962- Ve-CYCIF'MvIces List 903904 Lifec-ycle-IS-e-N-ides List 71 e .:�ecycl services- List 905 -1-iracycle Services List Page 4 of 8 Page 620 of 715 DoouSign Envelope 1U 4924AB7"EA3-4615-IIE52-14O7ll8r0l8A5 w— rTr 051 10% 09710% 053 10% 054 [Tr 056 10% 057 10% 058 m5% 059 10% -----------�61 � 1 °f® 663 10% 065 10% 6-- 10% 171 -- - 10% 375 !LIE List 708 r 10% L[L 15% 984 LIE List 985 t IL List 989 LIT" List 823 lla;nfe-n�ance List 983-J'Aamlenance List 133 15% 299 esu ne— ,F-lquTpwrl nt 5 629 7-7c, rquipmen 10% 682 777 _qui men 20% M-7 —Telisc. rquipment 18.50% 59—Mobile es nes 15% 644 Mobilek—or-essones 15% 879— Mobile Applications Software 10% 0398--W(o5`Re-1,--u@U6ns 10°/® 103 MoMfle,77tWons 10% JO§---T-AoHTe-3-taions 26.50% Stations 20% 18977711;71afions 15% 276 o bile Stations 260/. 287 l0obile S-taTio—ns 10% 374—=3071778770ns 15", 426 e Stations 25% 466 077i I e 7St a i i 0—n S- 25% 471---j!AobRe slatiOrls 2 5,�,,, 484 F17,17 177,77, 2 G1",o 500 7171471 M-RFOrIS 25% 91`1 7Tr le ��UIUDV17 10% ...........— 514 765)iTe-77—talions 25% 518 Mobile SalOnS ........ 25% 527 Mobile Stations 25% 571 POGEwe SFAb—oii-s 15% 585 Mobile Stations 25% 652-- Mobile Stations 25% 665 Mobile Stations 25% 656 M,,-,hile Stations 25% 681 POF51,18 mations 25% Page 5 of 8 Page 621 of 715 ........... Dor-uSign Envelope ID:4924ASIC-4EA3-4615-4E52-1407BBF03SA5 761 Mobile Stations 25% 775 177"bles-tatrons 16.50% 776 obile Station0% 792 20%- 869 Mobile Slafions 2W, 9212, Mobs e Station s 20"l, 216 VCMITIMI 7771 20% 475 TvVfTTr)TRBn 20% 516 ro u I 07R'R()-- 20% 95-7 10% 563 777 TT=- TRBO 20% 131 NelworV PrMcts 10% 147 MFY-6-77F,7,077 10% 167.............. Network Products 13-2-- Network Products 10%® ----------- ............... 708 Network Products 17% M PagerstReceiver 15% 1 F9.......... Tra-gFFF-777-ecMwer 20% 75-2—ra7q;777e ewe, 1 361 -PagMn-g7Re-ci7,v'e"r'S 151�, 839Fagm-g-,TTe7—devP--,- 15% 940 Paging,'Recievers 15 -6-0-1 P0771e Pa tioprone or ales) 064 20% 1 008 Po95F',e--R—adiopKone T-ortsUes"', 20% 018 or pe actop ions List T5orta5`eFFa-dj-oiphone kPo-tables) List 027T5&1a5176TWUI-Opf,,one(Porlablest List 032P-o-r-la-bTie--R-a-(TiopTone-(PortaFiie-sF 20% 037 15-ort able Radio -7ii5on;eg(,kr7,Orta-,Ies20% 087 F-Tortable Radiop ,one(,,Porlables) 10% 128 oWlIaMophone(P 20% 166 1777W)Ie Paliopllone?rorla 'es-7-- 20% 185 PF3ale'Mall'opri-o-ne-7,3-r-ta=7es) List -III!mt!m*MGM TTZop�7Wne�r-oriag5e-s) 15% 187 Po,taWe alio Fon ("Pori ar)les) 25% 206 TOrta)'e=adiophone Porl7 is) 20% 209 car 7u 7- 20% - Portable Ram-phone iFlortables) 25% ,171 71 0=11 a 1 C7 -2 7 ........... r 5 r t 55 1 e 17 75-7b r,--F)-o-n F TP arta bl e s) 2 , 1 is 320 1371571le 176ophone �Portal7es)' 2 5,�',, 20% 362 20% -37-2 -T-1ort alrde Radiopwe Po,iables) 20% Porlable Rar"', OP 402 mone P artaV'gi) 20% 407 Port ableRadi&V�,one lF�omat,es) 25% 4-147ortaNe Radiophone rrorta,,51es) 20% 426 25% P-5-r-taT57e TlafMoplwe 76-r—tabj6s) -- 43o 20% 442 roRa5le ophone(Po 2 %® 7 44-6 PoriaBle Raclioplione PoAaBles) % -453PoRa7e7a(715573n Fables) 25% L -�Porial)IeRadiop)one-, -o-r-tain 2 %T) 7 -51es) Page 6 of 8 Page 622 of 715 DocvSign Envelope!U 492,eAB'7C-4EA3-4615-SE52-140�'88FO3,.9,,,\5 458 Portable Radiophone(Portables) 25% 470 25% 7 4 C, PortableRadjapfiri Me?P71-aMs) 20% 477- Portable Radiophone(Portables) 20% 481 Mriasle—Kadiophone-t—PF,,wdW, -G7,j; 25% .......... 483 15-6 F,75T 1 eRa 6 6-7,5 Fo-n irT-i76-rl-a-uTe—F,) 25% R67-io-p5one(Pottables) 25% 527 Portable Radiophone(Portab es 25% 536 PFaRe Radiophone-(Portables) 25% 562 7377373757atop rone'75071-aTITO—Si 25% 570—Portable Radiophone(Porta5es) 10% 577 -Portable Radiophone 75rfabTes-) 20% 579—Portal 11 Radiophone(Portables) 25% 619 PorlaWe Radiophone( 'orfs r)Fes15% 06—Porrable Radiophone M51361es,� 20% 6947—P-0-M-affle Malllopone("rort;575s7— List 655 M5-riWe Ri(Tiopfi-lane(.arta bles,i 25% 656 PoriaMe Radiophone (,Portawes25°f® 672— Pora Cle-17-aUto-pnone..tT537-ariest 25% 687 PoRaFle Paclioprone( o aft 18% 72-1 Portable Radiophone(Port a-b7e-s--- 25% �26Portable Radiophone(Pol7ble7s ............... 25% 74-2 Portable 71-717phone(Portables) 25% 749.............. PortableRadiopVto-fie-(Piciffaffes 33 50 755 or e a iop toga qtrblesi— 25 7—M-Fra=73IM7737771131 2 56 ,a le;-ST----, i 778— -P-oa-b-i-e-R-a-d-io--pho;)e (Parta Ves) 2 785 Porl5ble Ma7prione o ara.es % 795 Portal.516 R.Of6pFone( omabtes) 25% P BM-a Fl e-R--a--d!o--phoh- 5% 799.................' e-76,1ables) 2 837 ',Portab!6 Radiophone i? rl.MeF 25% ror,7re-H—a(110phon a 71,6rfabTes) 883 ort ahje7adio-pI:Fon- Iiold-ri-abTe-9) 15% 977- Portag]ePilioi�'FBE-e7PBl�.e=si p 10% -Poit-at7e Radiophone(17-o-M-a-best.......... List List - 390 Prolesi-OU Services List roiessko-naT-Services List 699........ ProFe-050 El ervi s List 670 :Prolessona ,ervices List 842 P-rolessional jrervices List 569—Pecelvers 21.50% 512 17g�ceoveri 23% 743 r ei 7ce i'l vi�;e 7,�s' 1 608 Records Managege-nt 777Tare 10% 137 'g-owur-P, S-01-6fions 5% 201 ecure 9Elutions 10% 2297F-71;Solutions 14% 40...............' S&UM 7370�110ns 10% 1 j524 j Fiecure'E'To—lutions 15% 5�2�5-11-,Sjecum Solutions 15% 5 519 MMH17........................ 19 7 cu List 519 ecuaty List 561 ne-rvEc�e� alnlen-aftde- List Page 7 ol'8 Page 623 of 715 b J tV v r w o '. w s P3 N J -4 -4 A RS V ZZ h '; ® 2 c 2 2 2 2 2 m m a y ° W W ar W ym m N 4 4,f lz 1: 01 ® u as ® c O iii. a & § e -3 m ' ? o � t�yn� ry ,h yR b t' m m 0 m 0 g M, IT li N N to w CW �,7 t � I t `J ei e t OtO �e 33 � i c' r rc` � rr rr rrrr ac CMD C) Page 624 of 715 Houston-Galveston Area Council -- August 1,2018 RE; Clarification to Cooperative Agreement—Motorola Solutions,Inc. This is to clarify that ARTICLE 3:MOST FAVORED CUSTOMER CLAUSE in the SPECIAL PROVISIONS of the above referenced Agreement should read as follows: ARTICLE 3:MOST FAVORED CUSTQMZR_QAV�E If at any time during this Agreement,Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas,and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices,warranties,benefits, and or terms more favorable than those provided to H-GAC,Contractor shall notify H-GAC within ten(10) business days thereafter,and this Agreement shall be deemed to be automatically retroactively amended,to the effective to of Contractor's most favorable past agreement with another entity.Contractor shall provide the same prices,warranties,benefits,or terms to H-GAC and its END USER as provided in its most favorable past agreement.H-GAC shall have the right and option at any time to decline to accept any such change,in which case the amendment shall be deemed null and void.If Contractor claims that a more favorable price,warranty, benefit,or term that was charged oro to another entity during the to of this Agreement,does not constitute more favorable treatinenL than Contractor shall,within ten(10)business days,notify H-GAC in writing,setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.H-GAC,after due consideration of Contractor's written explanation,may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively,to the effective to of the most favored agreement,to provide the same prices, warranties,benefits,or terms to H-GAC and the END USER. TI 1V: is clause shall not be applicable to the sale of large communications systems(one million dollars(1,000,000.00)and above). The to "Communication Systems"shall refer to a project that includes the sale of infrastructure hardware and/or software, user devices,and Contractor engineering and installation service. The contract for a "Communication$vstem"will alwqvs have a Statement of or and an Acceptance Test Plan. THY clause shall also not be applicable to pre-existing contracts Contractor has in the State of Texas. The to "pre-existing"shall refer to contracts in existence as of the effective date of this Agreement. Ii MaWng Address Phymcad Address PO Box 22M 3W Timmons Ww Sulte 120 H�on,Texas 77227-2M to Houston,Texas TM7-6,W Phone 7t 27- Phono 71"27-3M Page 625 of 71 Further,ARTICLE 8:INSURANCE is clarified to read: ARTICLE S C Unless otherwise stipulated in Section B of the Bid/Proposal Specifications,Contractor must have the following insurance and coverage: General liability insurance with a Single Occurrence limit of at least I.0 010,and a General Aggregate limit of 2,000, 0.00. Product liability insurance with a Single Occurrence limit of at least 1,000,000.00 and General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus.For Automotive Fire Apparatus,see section B of the Bid/Proposal Specifications. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in r ctor's possession,custody or control.The minimum Single Occurrence limit is$500,000.00 and the General Aggregate limit must be at least two time.-, e Single Occurrence limit.This insurance may be carried in several ways,e.g.under an Inland Marine policy,as part of Automobile coverage,or under a Garage Keepers policy.In any event,this coverage must he specifically and clearly listed on insurance certificate(s) submitted to JI-GAC. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal,and for any extensions thereof,plus the number of daysimonths required to deliver any outstanding order after the clo.e of the contract period. a PDF Insurance Certificates must be fumished to -GAC after contract execution and at policy renewal during term of contract,showing Contractor as the insured and showing coverage and limits for the insurances listed above. If any Product(s)or Service(s)will be provided by parties other than Contractor,all such parties e required to carry the insurance coverages specified herein,and if requested by - ;AC,a separate insurance certificate must be submitted for each such party. Sincerely, Ronnie 0.Barnes Director of Public Services Page 626 of 715 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities over $100,000 as described in the written report for December 17, 2019- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Lhoist North Cooperative Bid to #002-2821-18/IT December 16, $520,000 America of Furnish, Deliver and 2019 to Alabama, LLC Discharge Quicklime December 15, 2020 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended in accordance with the same terms and conditions and pricing provisions as provided for in 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 solicitations to be issued STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 627 of 715 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Lhoist- Boyton each 2019-2020 Renewal Letter D Addendum 100K+ REQUEST FOR BID EXTENSIONS 12- 17-19 RW Page 628 of 715 The City of Boynton Beach FinoncejProcurementServices P.O. Sox 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 " ` 0 FAX: (561)742-6316 December 10, 2019 J. Dale James, Sales Manager LHOIST NORTH AMERICA OF ALABAMA, LLC 1479 TOWN CENTER DRIVE, SUITE 229 LAKELAND, FL 33803 VIA EMAIL TRANSMITTAL TO:dale.james@lhoist.com BID: FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME BID No.: 002-2821-18/IT CURRENT TERM: December 16,2018 thru December 15,2019 Dear Mr.James: The current renewal term for the"FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME"contract awarded to LHOIST NORTH AMERICA OF ALABAMA, LLC expires December 15, 2019. We have been very happy with Lhoist's service. The contract documents allow for three(3)additional one-year renewal and we would like to extend the contract terms for an additional one-year period with the same terms,conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmere bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Senior Buyer at(561)742-6318. Sincerely, I*k& Mara Frederiksen Director of Financial Services cc:Juan Guevarez, Manager,Water Quality&Treatment Leon Liberus,Chief Operator America's Gateway to the Gulf Stream Page 629 of 715 The City o,f Boz nton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 0 FAX. (561)742.6316 December 10, 2019 BID: FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME BID No.: 002-2821-18)IT Agreement between the City of Boynton Beach and LHOIST NORTH AMERICA OF ALABAMA, LLC: BID RENEWAL TERM: December 16, 2099 thru December 15, 2020 —',X--"Yes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. 'Per attached letter. No, I do not wish to renew the contract for the following reason(s) LHOIST NORTH AMERICA ALABAMA, LLC. _ NAME OF COMPANY SIGNATURE M 1 6ILIA5Lkl V NAME OF REPRESENTATIVE TITLE (please print) Ii. 917e606o1 :56 DATE (AREA CODE)TELEPHONE NUMBER m1tC� , �ICiS�Vio(s�, C� � E-MAIL America's Gateway to the Gulf Stream Page 630 of 715 0 hoist North America Lhoist Group December 12,2019 Ms. Mara Frederiksen Director of Financial Services PO BOX 310 Boynton Beach, FL 33425-0310 Subject: Renewal of Bid No. 002-2821-18/IT—Furnish, Deliver and Discharge Bulk Quicklime Dear Ms. Frederiksen: This letter is in response to your inquiry as to whether Lhoist North America is willing to renew our lime supply agreement,Bid No. 002-2821-18/IT—Furnish, Deliver and Discharge Bulk Quicklime. Lhoist is agreeable to extending our agreement with the City of Boynton for an additional one year term. However, we are asking the City to consider a 3.43%increase to cover Lhoist North America's increased costs in lime manufacturing,rail transportation and truck freight since this contract began on December 16,2017. This would bring the delivered cost of quicklime from $299.07 (the original bid price in 2017)to $309.34 per ton. Lhoist North America values its relationship with the City of Boynton Beach and we look forward t0 working with you in the future. Please contact me should you have any questions or need additional information. Very truly yours, Lhoist North America of Alabama, LLC - � J. Dale JbetJW Florida Sales Manager Encis: 2 Florida Sales Office 1479 Town Center Drive,Suite 229 Lakeland,FL 33803 314-614-4950 Page 631 of 715 QC!SX TRANSPORTATION Jerry Gagarin Senior Account Manager CSX Transportation-Minerals 500 Water Street_J880 PHONE(904)359-2223 FAX(904)245-2962 Carleen Schaefer Lhoist North America - East Regional Supply Chain and Logistics Manager 3309 Highway 31 Calera, AL 35040 Dear Ms. Schaefer, This letter is to inform you that the rail rate for delivering water treatment grade quicklime in covered hopper cars from Calera, AL to Ft Lauderdale, FL will increase by 5.0% effective January 1, 2020. If you have any questions, please don't hesitate to give me a call at the number above. Sincerely, Jerry Gagarin Page 632 of 715 Southern Tank Transport, Inc. 1789 Gardner Blvd. Holly Hill, SC 29059 888-799-1772 Carleen Schaefer Supply Chain &Logistics Manager Lhoist North America 2885 US-31 Calera,AL 35040 Subject: 2020 Price increase Carleen, We have already begun working on the pricing for 2020. This is letter is to inform you that the pneumatic truck rate for water treatment grade quicklime will be increasing January 1,2020 by 51. The geographic area for this increase includes your facility in Nichols, FL. We appreciate your business and If you have any questions, please don't hesitate to give us a call. Sincerely, Jackie Murray Atkinson Director of Sales Southern Tank Transport, Inc. 803-971-9196 Page 633 of 715 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 December 17, 2019 REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT:Joseph Paterniti, P.E. TERM: December 16, 2019 thru December 15, 2020 SOURCE FOR PURCHASE: City Bid No.: 002-2821-1811T, ACCOUNT NUMBER:401-2811-536-52-35 VENDOR(S): Lhoist North America of Alabama, LLC ANNUAL ESTIMATED EXPENDITURE:$520,000 DESCRIPTION: On December 05, 2017, City Commission approved bid be awarded to Lhoist North America of Alabama, LLC. The initial bid term was for a period of 18 months with the option to renew for three (3) additional one-year terms. The vendor has agreed to renew the Contract for the first one-year renewal option thru December 15, 2020. In accordance with the price provisions in the contract a 3.4 %increase to cover increased costs in lime production, rail transportation and truck freight since the contract began is being requested. This would bring the delivered cost of the quicklime from the original contract price of$299.07 to $309.34 per ton. FISCAL IMPACT: Funds are available in account 401-2811-536-52-35. Recent fiscal expenditures for this chemical are: • FY 12/13 -$264,826 • FY 13/14 -$304,180 • FY 14/15 -$296,501 • FY 15/16 -$269,257 • FY 16/17 -$372,699 • FY 18/19 -$520,000 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-168-Authorize the purchase of"Extreme Networks" network equipment and Palo Alto firewalls from STEPcg of Covington, KY in the amount of$249,966.69 utilizing the State of Florida Alternate Contract Source Number 43220000-W SA- 14-ACS and National Cooperative Purchasing Alliance (NCPA) contract Synnex NCPA 01-97 Advanced Technology Solutions Aggregator for the purchase, installation, and configuration of networking and firewall equipment at the Police Headquarters and authorizing the City Manager to sign the Quotation and Statement of Work with STEPcg. The State of Florida Alternate contract and Synnex NCPA contract complies with the City of Boynton Beach's competitive bid requirements. EXPLANATION OF REQUEST: Contract Period (WSCA): September 8, 2014— May 31, 2020 Contract Period (NCPA): August 1, 2019—July 31, 2022 The new Police Department headquarters requires network infrastructure prior to personnel moving into the building. STEPcg will install an Extreme Networks automated campus network with integrated Palo Alto firewalls providing secure access via both wired and wireless options. The network equipment that is currently being used in the temporary Police HQ is well past end of support. Florida Department of Law Enforcement requires that all systems connected to the FDLE network be regularly updated with security patches. The existing equipment is no longer supported and will not have security patches available. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Extreme Networks Automated Campus enterprise network switches, access points, and XMC management and network access control licensing with Palo Alto firewalls will provide enhanced reliability, efficiency, and security. Reliability — The Extreme Networks Automated Campus enterprise system is designed with redundant connections to the Police datacenter and Internet. Efficiency —The Extreme Networks Automated Campus enterprise system will provide efficiencies to the City of Boynton Beach police department employees via both wired and wireless connections. Security —The Extreme Networks Automated Campus enterprise system is equipped with an identity access management engine that works in conjunction with the agency network switches and the Palo Alto firewalls to secure network access and provide improved cyber-security for agency technology resources. FISCAL IMPACT: Budgeted Funding was approved and is available in the following accounts for fiscal year 2019/20. Account Number Description Amount 303-4119-580.64-15 Network Equipment for Police Building $186,488 303-4119-580.64-14 License Plate Readers- Police $50,000 Page 635 of 715 302-4119-580.64-14 Real Time Crime Center—Police $13,478 ALTERNATIVES: The City could issue its own bid request. Staff does not believe that a City bid process would result in a substantially less cost. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing purchase with Stepeg D Attachment STEPcg Statement of Work D Quotes STEPcg Quote Q-7042—Extreme Nehivork D Quotes STEPcg Quote Q-7349—Extreme Nehivork D Quotes STEPcg Quote—Palo Alto D Contract Contract I nformation - W SCA D Contract Contract information - NCPA D Attachment Authorized Reseller Page 636 of 715 1 2 RESOLUTION NO. R19- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVE AND AUTHORIZE THE PURCHASE OF 6 "EXTREME NETWORKS" NETWORK EQUIPMENT AND PALO 7 ALTO FIREWALLS FROM STEPCG OF COVINGTON, KY IN 8 THE AMOUNT OF $249,966.69 UTILIZING THE STATE OF 9 FLORIDA ALTERNATE CONTRACT SOURCE NUMBER 10 43220000-WSA-I4-ACS AND NATIONAL COOPERATIVE 11 PURCHASING ALLIANCE (NCPA) CONTRACT SYNNEX NCPA 12 01-97 ADVANCED TECHNOLOGY SOLUTIONS AGGREGATOR 13 FOR THE PURCHASE, INSTALLATION,AND CONFIGURATION 14 OF NETWORKING AND FIREWALL EQUIPMENT AT THE 15 POLICE HEADQUARTERS; AUTHORIZING THE CITY 16 MANAGER TO SIGN THE QUOTATION AND STATEMENT OF 17 WORK WITH STEPCG;AND PROVIDING AN EFFECTIVE DATE. 18 19 WHEREAS, the new Police Department headquarters requires network 20 infrastructure prior to personnel moving into the building; and 21 WHEREAS, STEPcg will install an Extreme Networks automated campus network 22 with integrated Palo Alto firewalls providing secure access via both wired and wireless 23 options; and 24 WHEREAS, the network equipment that is currently being used in the temporary 25 Police HQ is well past end of support. Florida Department of Law Enforcement requires 26 that all systems connected to the FDLE network be regularly updated with security 27 patches. The existing equipment is no longer supported and will not have security patches 28 available; and 29 HEREAS, City staff has confirmed that the procurement process meets or exceeds 30 that of the City of Boynton Beach's requirements; and 31 WHEREAS, upon recommendation of staff, it is the City's desire to authorize the 32 purchase of"Extreme Networks" network equipment and Palo Alto firewalls from STEPcg S:ACA\RESO\Agreements\Piggy-Back Florida Alternate Contract With Stepcg-Reso.Docx Page 637 of 715 33 of Covington, KY in the amount of $249,966.69 utilizing the State of Florida Alternate 34 Contract Source Number 43220000-WSA-I4-ACS and National Cooperative Purchasing 35 Alliance (NCPA) contract Synnex NCPA 01-97 Advanced Technology Solutions 36 Aggregator for the purchase, installation, and configuration of networking and firewall 37 equipment at the Police Headquarters and authorizing the City Manager to sign the 38 Quotation and Statement of Work with STEPcg. 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 40 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 41 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 42 as being true and correct and are hereby made a specific part of this Resolution upon 43 adoption. 44 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 45 approves and authorizes the purchase of"Extreme Networks" network equipment and Palo 46 Alto firewalls from STEPcg of Covington, KY in the amount of $249,966.69 utilizing 47 the State of Florida Alternate Contract Source Number 43220000-WSA-I4-ACS and 48 National Cooperative Purchasing Alliance (NCPA) contract Synnex NCPA 01-97 49 Advanced Technology Solutions Aggregator for the purchase, installation, and 50 configuration of networking and firewall equipment at the Police Headquarters and 51 authorizes the City Manager to sign the Quotation and Statement of Work with STEPcg, a 52 copy of which is attached hereto as Exhibit"A". 53 S:ACA\RESO\Agreements\Piggy-Back Florida Alternate Contract With Stepcg-Reso.Docx Page 638 of 715 54 Section 3. That this Resolution shall become effective immediately. 55 PASSED AND ADOPTED this day of December, 2019. 56 57 CITY OF BOYNTON BEACH, FLORIDA 58 59 YES NO 60 61 Mayor— Steven B. Grant 62 63 Vice Mayor—Justin Katz 64 65 Commissioner—Mack McCray 66 67 Commissioner—Christina L. Romelus 68 69 Commissioner—Ty Penserga 70 71 72 VOTE 73 74 ATTEST: 75 76 77 78 Crystal Gibson, MMC 79 City Clerk 80 81 82 83 (Corporate Seal) S:ACA\RESO\Agreements\Piggy-Back Florida Alternate Contract With Stepcg-Reso.Docx Page 639 of 715 Quotation and Statement of Work Client: City of Boynton Beach Date: Aug 28, 2019 S T ".� PCG Project Name: Boynton Beach Police Dept Project ID #: Project Manager: Kenny Huff Account Manager: Danny Poindexter I Lead Engineer: Nelson Karrick �0��'�� '� �� ^�~,�� "��""��^, �k0|~" ^�"��""��8�� " K�" WORK This Quotation and Statement of Services ("Quotation") is between STEP, LLC, doing business at 525 W. Fifth 8kcct. #332 Covington, KY 41011 (^STBPCU"), and lBDcI)ABoyntonBeach Police Dept) ("Client"). The purpose of this Quotation is to set forth the terms under which STBPCUwill provide Client with goods and services ("Products"). The terms of this Quotation shall prevail over any contrary provisions in any other Quotation, or in uMuoter Services Agreement entered into between STEPCU and Client unless this Quotation explicitly states otherwise. SCOPE OF WORK Estimated Total Project Cost: Project Description: This SOW includes install of now Esbc000 Fabric DvfBDcI) at Fire Station 5 and now FD BO. \/3F`and ERS switches will be installed at both locations for layer 2and 1F`routing. \/L \Ny will be migrated wiUhi-yidy and 1F`Shortcuts will hocreated for routing. B}{optics will be used between Fire Station 5und PD HQ to provide redundancy during upgrades and power outages. Existing switches and stacks at Fire Station 5 will be integrated into the Extreme Fabric with Fabric Connect or Fabric attach. XMC and XCA will be installed on BBPD ESXi provided host. All switches will have the configuration setup and configured by STEPcg engineer and moduled in}{M[ fBPI) will provide cuh|oy, lift and ladders for install o[uccoyy ]�� ni . 3T� as g will have | to nyiu|| switches and points. Best ices will be used directed by Extreme documentation. Extreme best practices will be used as directed by Extreme documentation (SLPP Guard, VLACP, RSMLT, etc.). The network will be deployed with the latest Extreme B(}33/\/(}33 recommended yiuhle code rok:ayo. lBPI)will provide 3FB numoy, 3FBnick-numoy, \/13T1F`networks, \/13Tl~2`1unyand i-yidmfor new Esiromo3PBcn fabric. A STEPcG Layer 3 Engineer will be available the day following migration to address issues. fBPI) will provide all necessary \/3F`hardware, yfn, y[of and cables. Some o[these do|ivoruh|oy may be completed priiorio site urdvu| and some may be performed post site visit. tasks other than those mentioned will hc performed w'--- -_ scope_ of this implementation. STEPcG engineers will perform the following tasks to install and configure: - Install and configure 1 x V SP7400 at Fire Station 5 - Install and configure 1 x V SP7400 at new PD HQ - Install and configure 2 x ERS4926 at Fire Station 5 - Install and configure 3 x ERS4950 switch stacks at new PDHQ - Install and configure 2 x Extreme Wireless Controllers - Install—53 Extreme 5051 Access points - Create SSIDs and onboarding for devices on wireless network - Install Extreme Management Center and Extreme Control - Configure all 12 and 13 on 2 x V SP7400 - Migrate ASA ports over to the fabric - Add licenses to XMC and Extreme Wireless - All ERS4950 and WAPs will be setup with Fabric Attach or Fabric Connect - New WAPs will be setup into Extreme Wireless and Extreme Control - Configure L2V SN and/or IP Shortcuts as appropriate - Setup port naming to new switches - Backup configurations before migration - Snap shots of Routing tables,ARP and FDB tables prior to migration - Apply Extreme best practices - Upgrade to the latest stable VOSS/BOSS code release - Configure L3VSN,L2VSN on SPBM core as needed - Configure IP Interfaces on new SPBM core - Setup/enable RADIUS,SSH and SNMP for management - Layer 3 Engineer will be onsite the day following migration to address any issues - Support following cutover ASSUMPTIONS AND NOTES ■ Client shall be billed for actual time and materials required to implement the proposed solution. STEPcG shall advise Client in advance of any significant deviation from the estimate in time or materials required to perform the proposed work. ■ Client represents that it has made routine backups of data and completed a successful test of data restoration and recovery. Client shall continue to make such routine backups during the course of the project. Client has all necessary hardware and software in place to support STEPcG,s requirements for installation of Products. ■ Client recognizes that internet access and computer network connections may be made temporarily unavailable during installation of Products. ■ Installation, configuration or troubleshooting of third-party goods which are not Products are not included in this proposal and shall not be performed by STEPcG. ■ Charges associated with technical support for third-party hardware or software are the responsibility of Client. CLIENT RESOURCES List of Project Critical Client Resources: Page 641 of 715 Dedicated point of contact with Network knowledge. Any servers/VM's for XMC, Extreme Wireless, Extreme Analytics, etc. Adequate Power per hardware specifications. All wiring for installation. RISK TO PROJECT ESTIMATES ■ The Scope of Work Section constitutes a good faith estimate based upon Client's representations to STEPcG. Client shall be responsible for full payment for Products provided by STEPcG irrespective of the estimates contained herein. ■ Based on Client's representations, STEPcG represents that no significant changes to the items listed in the Scope of Work Section are expected after Client accepts the Quotation. ■ Client recognizes that requests for subsequent changes may impact the project timeline and costs. ■ Client recognizes that its failure to provide the resources indicated in the Client Resources Section may impact the project timeline and costs. OTHER CONSIDERATIONS Out-of-Scope Expense: If STEPcG determines that a need exists for additional services not contemplated in this Quotation, the required tasks will be included in an addendum to this Quotation signed by both parties, or as a separate Quotation signed as both parties and treated as a new project. Travel Expense: All travel expenses are included with SOW Confidentiality: Confidentiality of information provided by each party shall be governed by the Mutual Non- Disclosure Agreement(if any)between the parties. In the absence of a non-disclosure agreement, each party agrees to keep the other party's confidential information strictly confidential, and agrees not to disclose the other party's confidential information to any third party. Confidential information consists of all of a party's Page 642 of 715 information which is not generally available to the public and includes but is not limited to proprietary know-how, trade secrets, business plans, and business and accounting data. Intellectual Property: STEPcG shall retain ownership of all intellectual property it develops during performance of this Quotation, whether developed solely by STEPcG or with Client's employees or consultants, including, but not limited to, all ideas, skills, tools, techniques, processes, source codes, materials, software, programming models, and other programming tools. INVOICING Labor and Out of Pocket Expenses: STEPcG will invoice Client monthly on the 1st calendar day of each month for services rendered during the prior month. Hardware/Software: Client will deposit with STEPcG a minimum of 50% of the cost of any hardware or software prior to STEPcG's placement of a purchase order for same. The balance shall be due and payable to STEPcG immediately upon delivery to Client. Per Leasing Agreement. AUTHORIZATIONS With my signature, I certify that I am authorized to and do accept all terms of this Quotation. For STEP CG, LLC: For [CLIENT]: Signature: Signature: Printed Printed Name: Name: Title: Title: Date: Date: Page 643 of 715 STEP CG,LLC Quote ANOMMW S T Am M"M N i PCG Quote Date: 10/15/2019 525 W.Fifth Street,Suite 332 Valid Till: 12/30/2019 Covington,KY 41011 Quote Number:Q-7042 BILL TO: SHIP TO: Boynton Beach Police Department Boynton Beach Police Department FL FL Contact Name:Craig Richards Quote Stage:Delivered S.No. Product Details Qty List Price Discount Total 1. Extreme PS-ESU-1 14 $2,500.00 $3,500.00 $31,500.00 Extreme Service Units, Single 2. Extreme 10061 2 $18.00 $18.72 $17.28 Power Cord 10A NEMA 5-15P IEC320-C13 3. Extreme 10302 1 $2,220.00 $1,154.40 $1,065.60 10 Gigabit Ethernet SFP+ module, 1310nm, SMF 10km link, LC connector 4. Extreme 970041-135313 1 $1,645.00 $197.40 $1,447.60 EW NBD AHR H35313 for VSP7400-48Y-8C-AC-F 5. Extreme AA1403169-E6 3 $2,888.00 $4,505.28 $4,158.72 1-Port 1OGBASE-BX, 10km reach, Small Form Factor Pluggable Plus (SFP+) transceiver, connector type: LC, TX: 1270nm, RX: 1330nm wavelength. Must be paired with AA1403170-E6 6. Extreme AA1419043-E6 3 $434.00 $677.04 $624.96 1-port 1000Base-T Small Form Pluggable (SFP) 8-pin modular connector (RJ-45). 7. Extreme VSP-PRMR-LIC-P 1 $7,495.00 $3,897.40 $3,597.60 VSP 7400 Premier Feature License, Includes Insight License - VOUCHER 8. Extreme VSP7400-48Y-8C-AC-F 1 $25,995.00 $13,517.40 $12,477.60 VSP 7400, 48 x 1/10/25Gbps SFP28 Ports, 8 x 100Gbps QSFP28 Oorts, One AC PSU, Six Fans Front-Back 9. Extreme XN-ACPWR-750W-F 1 $1,495.00 $777.40 $717.60 750W AC PSU Front to Back Airflow 10. Extreme 10099 4 $29.00 $60.32 $55.68 Power Cord 15A USA NEMA 5-15 C15 11. G-PART 2 $140.00 $33.60 $246.40 97004-H34066 EW NBD AHR H34066 for AL4900A02-E6 COTERM: This Year Term: 365 Days 12. Extreme AA1403019-E6 2 $376.00 $391.04 $360.96 SFP+ Direct Attach Cable. 3m 13. Extreme AA1403170-E6 2 $2,888.00 $3,003.52 $2,772.48 1-Port 1OGBASE-BX, 10km reach, Small Form Factor Pluggable Plus (SFP+) transceiver, connector type: LC, TX: 1330nm, RX: 1270nm wavelength. Must be paired with AA1403169-E6 Page 644 of 715 S.No. Product Details Qty List Price Discount Total 14. Extreme AL1905A19-E6 2 $1,119.00 $1,163.76 $1,074.24 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 15. Extreme AL490OA02-E6 2 $5,198.00 $5,405.92 $4,990.08 ERS 4926GTS-PWR+ 26-Port Ethernet Switch supporting 24 x 1000BASE-T PoE/PoE+ & 2 x lOGBASE-SFP+ Ports Includes Single 1025W AC Power Supply Base Software License 0.5m Stacking Cable No Power Cor 16. Extreme 97003-S20149 1 $4,985.00 $598.20 $4,386.80 EW Software Subscription - S20149 17. Extreme NMS-ADV-25 1 $24,995.00 $12,997.40 $11,997.60 NMS-ADV - 25 DEVICES/250 APS 18. Extreme 10099 6 $29.00 $90.48 $83.52 Power Cord 15A USA NEMA 5-15 C15 19. Extreme 700511670 1 $383.00 $199.16 $183.84 ERS4900 STACKING CABLE 3.OM PRODUCT 20. Extreme 970041-134070 3 $140.00 $50.40 $369.60 EW NBD AHR H34070 for AL4900AO4-E6 21. Extreme AA1403019-E6 2 $376.00 $391.04 $360.96 SFP+ Direct Attach Cable. 3m 22. Extreme AL1905A19-E6 3 $1,119.00 $1,745.64 $1,611.36 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 23. Extreme AL4900AO4-E6 3 $7,763.00 $12,110.28 $11,178.72 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 24. Extreme 10099 6 $29.00 $90.48 $83.52 Power Cord 15A USA NEMA 5-15 C15 25. Extreme 700511670 1 $383.00 $199.16 $183.84 ERS4900 STACKING CABLE 3.OM PRODUCT 26. Extreme 970041-134070 3 $140.00 $50.40 $369.60 EW NBD AHR H34070 for AL4900AO4-E6 27. Extreme AA1403019-E6 2 $376.00 $391.04 $360.96 SFP+ Direct Attach Cable. 3m 28. Extreme AL1905A19-E6 3 $1,119.00 $1,745.64 $1,611.36 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 29. Extreme AL4900AO4-E6 3 $7,763.00 $12,110.28 $11,178.72 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 30. Extreme 10061 2 $18.00 $18.72 $17.28 Power Cord 10A NEMA 5-15P IEC320-C13 Page 645 of 715 S.No. Product Details Qty List Price Discount Total 31. Extreme 10302 1 $2,220.00 $1,154.40 $1,065.60 10 Gigabit Ethernet SFP+ module, 1310nm, SMF 10km link, LC connector 32. G-PART 2 $3,526.00 $3,667.04 $3,384.96 lOGB-BX10-D 1OGb Single Fiber SM Bidirectional 1330nm Tx / 1270nm Rx 10 Km Simplex LC SFP Plus (Must be Paired with 1OGB-BXI0-U) 33. G-PART 1 $3,526.00 $1,833.52 $1,692.48 lOGB-BX10-U 1OGb Single Fiber SM Bidirectional 1270nm Tx / 1330nm Rx 10 Km Simplex LC SFP Plus (Must be Paired with 1OGB-BXI0-D) 34. Extreme 970041-135313 1 $1,645.00 $197.40 $1,447.60 EW NBD AHR H35313 for VSP7400-48Y-8C-AC-F 35. Extreme AA1419043-E6 3 $434.00 $677.04 $624.96 1-port 1000Base-T Small Form Pluggable (SFP) 8-pin modular connector (RJ-45). 36. Extreme VSP-PRMR-LIC-P 1 $7,495.00 $3,897.40 $3,597.60 VSP 7400 Premier Feature License, Includes Insight License - VOUCHER 37. Extreme VSP7400-48Y-8C-AC-F 1 $25,995.00 $13,517.40 $12,477.60 VSP 7400, 48 x 1/10/25Gbps SFP28 Ports, 8 x 10OGbps QSFP28 Oorts, One AC PSU, Six Fans Front-Back 38. Extreme XN-ACPWR-750W-F 1 $1,495.00 $777.40 $717.60 750W AC PSU Front to Back Airflow 39. Extreme 30324 2 $1,995.00 $2,074.80 $1,915.20 ExtremeCloud Appl - Virt Appl Actvn Key - VOUCHER 40. Extreme 30350 1 $625.00 $325.00 $300.00 ExtremeCloud Appliance - 5 Device Permanent Adoption License (Requires Services on Managed Devices) - VOUCHER 41. Extreme 30351 2 $3,125.00 $3,250.00 $3,000.00 ExtremeCloud Appliance - 25 Device Permanent Adoption License (Requires Services on Managed Devices) 42. Extreme 97003-30324 2 $360.00 $86.40 $633.60 EW Software Subscription - 30324 This Year Term: 365 Days 43. Extreme 97004-AP505i-FCC 33 $72.00 $285.12 $2,090.88 EW NBD AHR AP505i-FCC This Year Term: 365 Days 44. Extreme AP505i-FCC 33 $1,242.00 $21,312.72 $19,673.28 Cloud-Ready Dual Radio 802.11ax/ac/abgn 4x4:4 MIMO Indoor llax Access Point Internal Antenna Domain: US Puerto Rico Colombia 45. Extreme 10099 8 $29.00 $120.64 $111.36 Power Cord 15A USA NEMA 5-15 C15 46. Extreme 700511670 1 $383.00 $199.16 $183.84 ERS4900 STACKING CABLE 3.OM PRODUCT 47. Extreme 970041-134070 4 $140.00 $67.20 $492.80 EW NBD AHR H34070 for AL4900AO4-E6 Page 646 of 715 S.No. Product Details Qty List Price Discount Total 48. Extreme AA1403011-E6 2 $2,777.00 $2,888.08 $2,665.92 1-port 1OGBASE-LR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver, connector type: LC. Supports single-mode fiber for interconnects up to 1Okm. 49. Extreme AL1905A19-E6 4 $1,119.00 $2,327.52 $2,148.48 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 50. Extreme AL4900AO4-E6 4 $7,763.00 $16,147.04 $14,904.96 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 51. Extreme 97004-AP505i-FCC 27 $72.00 $233.28 $1,710.72 EW NBD AHR AP505i-FCC This Year Term: 365 Days 52. Extreme AP505i-FCC 27 $1,242.00 $17,773.02 $15,760.98 Cloud-Ready Dual Radio 802.11ax/ac/abgn 4x4:4 MIMO Indoor llax Access Point Internal Antenna Domain: US Puerto Rico Colombia Sub Total $199,684.90 Tax $0.00 Grand Total $199,684.90 der s and Conditions State Contract Information Florida — 43220000-wsca-14-acs Page 647 of 715 STEP CG,LLC Quote ANOMMW S T Am M"M N i PCG Quote Date:11/13/2019 525 W.Fifth Street,Suite 332 Valid Till: 12/28/2019 Covington,KY 41011 Quote Number:Q-7349 BILL TO: SHIP TO: Boynton Beach Police Department Boynton Beach Police Department 2045 High Ridge Road Boynton Beach, FL 33426 FL Contact Name:Craig Richards Quote Stage:Delivered S.No. Product Details Qty List Price Discount Total 1. G-PART 1 $10,968.00 $4,387.20 $6,580.80 16790 X590-24X-1Q-2C Base System 2. G-PART 1 $902.00 $108.24 $793.76 97004-16790 EW NBD AHR 16790 This Year Term: 365 Days 3. Extreme 17115 4 $268.00 $418.08 $653.92 Fan Module, Front to Back Airflow 4. Extreme 10960 2 $637.00 $496.86 $777.14 770W AC Power Supply, Front to Back Airflow 5. Extreme 10061 2 $17.00 $13.26 $20.74 Power Cord 10A NEMA 5-15P IEC320-C13 6. Extreme 10305 10 $177.00 $690.30 $1,079.70 10 Gigabit Ethernet SFP+ passive cable assembly, 3m length. Sub Total $9,906.06 Tax $0.00 Grand Total $9,906.06 Terms and Conditions State Contract Information Florida — 43220000-wsca-14-acs Page 648 of 715 STEP CG,LLC Quote ANOMMW S T Am M"M M i PCG Quote Date:08/22/2019 525 W.Fifth Street,Suite 332 Valid Till: 12/30/2019 Covington,KY 41011 Quote Number:Q-6458 BILL TO: SHIP TO: Boynton Beach Police Department Boynton Beach Police Department FL FL Contact Name:Craig Richards Quote Stage:Delivered S.No. Product Details Qty List Price Discount Total 1. G-PART 2 $9,500.00 $5,700.00 $13,300.00 PAN-PA-850 Palo Alto Networks Palo Alto Networks PA-850 2. G-PART 2 $3,700.00 $2,220.00 $5,180.00 PAN-PA-850-TP-3YR-HA2 Palo Alto Networks : Threat prevention subscription 3-year prepaid for device in an HA pair, PA-850 3. G-PART 2 $3,700.00 $2,220.00 $5,180.00 PPAN-PA-850-URL4-3YR-HA2 Palo Alto Networks : PANDB URL Filtering subscription 3-year prepaid for device in an HA pair, PA-850 4. G-PART 2 $3,650.00 $584.00 $6,716.00 PAN-SVC-PREM-850-3YR Palo Alto Networks : Premium support 3-year prepaid, PA-850 5. STEP CG Installation 1 $10,000.00 $0.00 $10,000.00 STEP CG Installation of the above bill of materials. Sub Total $40,376.00 Tax $0.00 Grand Total $40,376.00 Terms and Conditions NCPA 01-97 Page 649 of 715 9/16/2019 Data Communications Products and Services/Alternate Contract Source/State Contracts and Agreements/State Purchasing/Busines... Skip to Main Content Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > State Contracts and Agreements > Alternate Contract Source > Data Communications Products and Services << Return Data Communications Products and Services43220000-WSCA-I4-ACS Contract Details Effective 09/08/2014 through 05/31/2020 Period Contract Type Alternate Contract Source • Contractors Contract • Pricing Information How to Use This Contract Contractors by Product Category (- 121.01 KB) Contract Participating Addenda Documents Master Agreements Contract • Christia Nunnery 850-488-8367 Administration . Christia.nunnery_@dms.myflorida.com Commodity 43220000, 43190000, 43201800, 43210000, 43221500, 43211512, 43211600, 43211604, 43211700, 43212200, 43220000, 43221700, 43222600, 43222800, 43230000, 43232300, Codes 43232400, 43232700, 43232800, 43232900, 43233000, 43233200, 43233500 Additional Information State agencies and state universities requiring data communications products and services that are available through SUNCOM should contact the Division of State Technology_(DST).for assistance. Description This alternate contract source is for the purchase or lease (as permitted by state and local requirements) of data communications products and services; this contract is only available for products and services that are not available on state term contracts. Please refer to "Contractors by Product Category" in the Contract Information section above for a complete list of products and services that are available from this alternate contract source. Document reader download link Adobe PDF Reader https://www.dms.myflorida.com/business_operations/state purchasing/state_contracts_and_agreements/alternate_contract_source/ddtaaa�Tiril yl aR.. , j/j 9/16/2019 Data Communications Products and Services/Alternate Contract Source State Contracts and Agreements/State Purchasing/Busines and Conditions � Pr|vacyE�a�em�n� � Acc�ssi�U�ty ��abem�n� � Copyright ��2O1B Department of Management Services - State of Florida hups:mwwwumo.mynn�ua.onm/uusinoss_opoumons��u�pu�hasino�tot=_nontm�v_anu_aonaemen��xemate_nontnau�sou�omPaoe.��1 of71f� i'Nd 11+4 GOVSo/v NCPA PU®LIC SECTORCONTRACTS Mati—ICnupmivePurchasingAllianu About NCPA NCPA (National Cooperative Purchasing Alliance) is a leading national government purchasing cooperative working to reduce the cost of goods and services by leveraging the purchasing power of public agencies in all 50 states. NCPA utilizes state of the art procurement resources and solutions that result in cooperative purchasing contracts that ensure all public agencies are receiving products and services of the highest quality at the lowest prices. For more information, go to www. US. Who Can Use NCPA's Contracts? There are over 90,000 agencies nationwide from both the public and nonprofit sectors that are eligible to utilize NCPA's cooperative 12urchasingcontracts. These include, but are not limited to the following agency types: • School Districts (including K-12, Charter schools, and Private K-12) • Higher Education (including Universities, Community Colleges, Private Colleges, and Technical /Vocational Schools) • Cities, Counties, and any Local Government • State Agencies • Healthcare Organizations • Church/Religious • Nonprofit Corporations State Statutes Want to see your state's laws on cooperative purchasing? Click here to view your state's laws on cooperative rci _ . ( :// / ). This contract is accessible nationally to public agencies whose state laws allow for intergovernmental contract use. Contract SYNNEX NCPA 01-97 Advanced TechnologySolutions Aggregator Term August 1, 2019 thru July 31, 2022 plus two additional option years. Awarded Manufacturers This contract covers all manufacturers listed on the SYNNEX corporate line card plus services Fre is ht All deliveries to NCPA members shall be freight prepaid, FOB Destination. Forauthorized Dealers, all standard commercial freight policies will apply. Possible assistance with freight will be determined on a case by case basis. Additional freight costs may apply for white glove, special and expedited delivery requirements. Page 652 of 715 GOVSo/v NCPA PU®LIC SECTORCONTRACTS Nati—ICnupmive Purchasing Alliance Contract Pricina SYNNEX NCPA 01-97 Advanced Tech SolutionsAggregator Contract Pricing: • 4% Discount from MSRP applicable to all manufacturing lines, (unless noted in Exceptions below) • 2% Discount from MSRP for the following Exceptions: • Chromebooks, HP Smartbuys, Lenovo TopSeller Products and all other promotionally priced products. • Manufacturers: APC, Asus, Cisco, Crucial, Google, Global Knowledge Training, Microsoft Software, NEC, Seagate, and F5 • Services. Please referto the Services line card for a complete breakdown of specific costs associated with our services. Dealer is free to offer additional discounts from the established contract price. Authorized Dealer Program SYNNEX offers a Dealer Program that provides select reseller partners the ability to sell to NCPA members using this contract. The Dealer is authorized to invoice the NCPA mem ber and accept payment on behalf of SYNNEX, subject to the following requirements: • Dealer quote will include the NCPA contract price and your cost from SYNNEX. • End-user pricing can NOT exceed the NCPA Contract Price but can be discounted by the Dealer. • Dealer must identify all NCPA quotes and orders to SYNNEX. Quotes can be obtained at e .c . • Both the End-user and Dealer POs should reference the NCPA Contract number(NCPA 01-97). Dealer is responsible for maintaining a copy of these POs for audit purposes for up to 3 years following the date of that sale. • Reseller must have a current account in good standing at SYNNEX and signed Dealer Agreement. To participate, please send request to n .c . • SYNNEX and manufacturers' standard commercial certifications/authorizations are required for participation. SYNNEX Contacts Team Contact: NCPA(&synnex.com For New Authorizations: Nicholas Coperine 1-914-618-1524 For Existing Resellers: Cory Fortune: 1-800-456-4822, ext. 494560 Jennifer McEachern 1-800-456-4822, ext. 494079 Website: httl2://www.synnexcorp.conVus/govsolv/n2pa/ Page 653 of 715 GOVSo/v NCPA PUBLIC SECTORCONTRACTS Mati—ICnupmivePurchasingAllianu POS Reporting Authorized Dealer must provide a POS of their sales under this contract to NCPA(&synnex.com no later than the 51h day following the end of the preceding month using the template below. (SYNNEX is required to provide a monthly POS to NCPA by the 15th to reporting@ncpa.us.) Contract Fees Authorized Dealer is responsible for the payment of the Contract Feeto SYNNEX, bythe 151h day of the month. Contract fee:0.80%or 80 bps for Commodity Products 2.00%for Enterprise Products The Contract Fee is calculated off the Dealer's combined monthly POS based on the total pricing charged to the NCPA members. Participating manufacturers are encouraged to provide special pricing that offsets this Contract Fee. Payment should be sent to the following address: SYNNEX Corporation c/o Cory Fortune 39 Pelham Ridge Drive Greenville, SC 29615 Marketina There are no restrictions in the marketing of this contract directly to the cooperative membership. The NCPA Program Office can assist SYNNEX and our participating Dealers with their marketing efforts, training and attendance at industry events and SYNNEX GovSoly shows. NCPA has provided a membership list to assist our dealer organization in the marketing of this contract. Reach out to ncpaC_synnex.com for more information. NCPA Jonathan Applegate, Director, Operations Tele: 832-477-3475 E-Mail: japplegate@ncpa.us Page 654 of 715 M (tr a(st rs { :a\1 Tst+)/ 1�1 v{{ ,t li t\ s 1} a 171 111 s r I t{tr 77+, rN 7il r tf lta l/l t_!r 7afs a tr s �: { r�l \ {t },,'4j I{I'1ltatlr;s 4llstt\rel sl}i7;2 i` 4 ){{3 fr, c{�1 ) l rry i t ,�t sa1 sa 441 �i}t�r1� Ss,�rt;�s � f is ltl�r ifi s)j {5s/1S lv=!y }�r s ., I.,;-. '_;%�' it)t-', ry ry ttijst tlls=f{=llitllls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,t l=�I, t1l is,t l=ly,c,,i,�i Contact Information raa,;} STEP CG D aT1Tly POLT1C10Xt0r Regional Sales Executive 407 Vine St Suite 210 �[s, tt at 4 t1s{s t it '1 trt;r > S� a }�lttti 1 1 lrtt �4a U f a Cincinnati OH 45202 {�(sYa?) sa{ ai'V�)a rrr{rr ;tti{a}4;itltyl;�Ia s1;�Issl;�ljtl;�Iss1;�1�s134}}� �. 844-478-3724 ' 281-989-7878 7 ,.r:,,f,.f,.f,.r„,f,.f,.f,.r„,7,,7,,7,,r,,7,7 a,r,� 1llw 't E�vi � Ordering Information Danny Poindexter acetate�f=��2�VE#'tl�ior'f .'1`�ber� St Suite 210 Gar ctl , 4 £ as ) 1 s)t a ft a attjtt ri 1 ' 1 r`s 4s Cincinnati OH 45202 {�(sYa?) sa{ ai'Va�-)a rrr{rr ;tti{a}4;itltyl;�Ia s1;�Issl;�ljtl;�Iss1;�1�s134}}� �. fnber777,,7 a,,7,,7,,7,,7 a;7,,7,,7,,7 a;7,7,ra7 281-989-7878 844-478-3724 www.stepcg.com a 4+ 407 Vine St Suite 210 te+, �s £r1 lts isr r s�p i ryE 4 ft+� sa ras1,{a,l a r ast v t t t t t t{ Cincinnati OH 45202 Page 655 of 715 8.A. PUBLIC HEARING 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 20-001 - FIRST READING - Approve revisions to the Workforce Housing Program (CDRV 19-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article II. Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. Applicant: City-initiated. EXPLANATION OF REQUEST: The present version of the Workforce Housing ordinance was approved on September 19, 2017, a result of a conversion of the former mandatory inclusionary zoning program into a voluntary density and height bonus program. Neither has ever been utilized. It is staff's opinion that, given the high level of development activity in the city, the proposed revisions are likely to stimulate the private sector's interest in the density bonus offered in exchange for participation in the program. Currently, the limited interest stems partly from its restricted geographic applicability: only projects located in the Downtown Transit-Oriented Development District (DTODD) can participate in the program. The key proposed change expands applicability city-wide: projects with Mixed Use High, Medium, and Low as well as Special High Density future land use classifications would be eligible in all areas where such classifications are allowed. Moreover, the program would now offer density bonus—also city-wide— to developments implementing affordable housing programs with 100% affordable units, in all future land use classifications except Low Density Residential. Other proposed revisions include: • Changing the source of income data for income eligibility determination, from the Boynton Beach Median Household Income from the American Community Survey to the Area Median Income (AMI) for the Palm Beach County as provided annually by the Department of Housing and Urban Development. The latter is commonly used in most housing programs. • Increasing the fee-in lieu amounts for both for-sale and for rent units. The higher fees are intended to encourage construction of units. To further incentivize construction, the amendment proposes to increase the percentage of set-aside units designated to be workforce housing as a base for in-lieu fee if the payment option is selected. The proposed revisions constitute a first step in the work plan of the staff's Housing Work Group. The longer- term approach is a comprehensive review of the Land Development Regulations that could potentially support attainable housing. Such regulations will include minimum lot sizes and non-conforming lots, minimum living area, accessory dwelling units, and parking requirements. The Planning & Development Board reviewed this request at its December 9th meeting and forwards it with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on programs or services FISCAL IMPACT: Potential increase of the future tax base Page 656 of 715 ALTERNATIVES: No alternative recommendations STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: The request is consistent with the Project 2.7 (Housing Resource I mprovement Strategies) and Project 2.12 (Attainable Housing Development, Regulations) in the Strategic Plan. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Draft Climate Action Plan, Greenhouse Gas Emissions Reduction Strategies: Community Emissions: Transportation & Land Use C-1.1: Compact and Mixed Use Development Increasing density lowers greenhouse gas emissions from the transportation sector. Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Workforce Housing Program Staff Report Staff Report Exhibit EXHIBITA. Definitions Exhibit EXHIBITIB. Proposed Revisions to LDR Page 657 of 715 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE 6 V. "HOUSING INITIATIVES", SECTION 2, "WORKFORCE 7 HOUSING PROGRAMS"; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, the Workforce Housing Program was most recently revised on I September 19, 2017 as a result of a conversion of the former mandatory inclusionary zoning 12 program into a voluntary density and height bonus program; and 13 WHEREAS, since neither has ever been utilized, staff is of the opinion that the 14 proposed revisions will likely stimulate private sector's interest in the density bonus offered 15 in exchange for participation in the program; and 16 WHEREAS, the current limited interest stems partly from its restricted geographical 17 applicability as only projects located in the Downtown Transit-Oriented Development District 18 can participate in the program and the key proposed change herein expands applicability city- 19 wide; and 20 WHEREAS, the City Commission has considered the recommendations and has 21 determined and finds that it is in the best interest of the citizens and residents of the City of 22 Boynton Beach, Florida to approve the amendments to the Land Development Regulations 23 Workforce Housing Program as contained herein. 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clauses are true and correct and are now ratified 27 and confirmed by the City Commission. 28 Section 2. The Land Development Regulations of the City of Boynton Beach Page 658 of 715 29 Code of Ordinances, Chapter 1, Article 11, Definitions is hereby amended as follows: 30 Chapter 1, Article 11, Definitions. 31 DEED RESTRICTION — E-ac4AII for sale workforce housing units created under the 32 Workforce HouseinQLpErogram shall be deed restricted for fifteen (15) years-., recurring. All 33 rental workforce units created under the program shall be deed restricted for fifteen(15)years, 34 non-recurring, The deed restriction shall be recorded and serve to restrict the sales or rental 35 price and/or the income of the purchaser or renter. 36 37 ELIGIBLE OCCUPANT - Relative to the wWorkforce I+Housing pErogram contained in 38 these Regulations, it is a person who "ali-114'es "'OF pff-. .HefPa+,ie*rneets income requirements of 39 iiithe program. 14 40 hettSeheld ineeffie 1-F -,e of Beyn+,en Beae- Priority will be given to persons who have 41 lived or worked within the city limits of Boynton Beach continually for one (1) year 42 immediately prior to the date of application for a workforce housing unit. 43 44 LOW INCOME HOUSEHOLD -Under the wWorkforce I+Housing pErogram provisions 45 of these regulations, it is a household with a gross, combined income bel-owbetween sixty 46 percent(60%) and eighty percent(80%) of the of Boynton Beaeh ffie 47 i*een+eArea Median Income (AMI) for Palm Beach County, published annually by the 48 Department of Housing and Urban Development(HUD). 49 50 MODERATE INCOME HOUSEHOLD - Under the wWorkforce 41-jousing pErogram 51 provisions of these regulations, it is a household with a gross, combined income between 52 eighty percent(80%) and one hundred twenty percent(120%) of the 1--i4y of Boynton Beaeh 53 ff+edi,fffl heuseheld Area Median Income (AMI) for Palm Beach County, published 54 annually by the Department of Housing and Urban Development(HUD). 55 RESTRICTIVE COVENANT AND AGREEMENT-The covenants that govern the initial 56 sale and rental and subsequent resale and releasing of workforce housing units created under 57 the wWorkforce 41-Iousing pErogram. The term of the restrictive covenant and agreement is 58 fifteen(15)years,recurring, for sale units and fifteen(15)years for rental units non-recurring. 59 Section 3. The Land Development Regulations of the City of Boynton Beach 60 Code of Ordinances, Chapter 1,Article V, Section 2,"Workforce Housing Program" is hereby 61 amended as follows: 62 ARTICLE V. HOUSING INITIATIVES 63 64 Sec. 2. Workforce Housing Program. 65 66 Page 659 of 715 67 A. Findings. 68 —liousiq sizes t"at t" ere is ------------------------------------ 69 Ll_L 'between hoLi�jml� �!Lglyi o -DISJOA? g�g lis tti e c J t v 70 E------------------I- TJ 71 1. Housing The Gi4y Commission ha-,�`flg eon-Wet H.0,11 72 73 f A++ _aekineat,A) lias det,effflifle-+,a+new ho..., 1, f:efl+s af:e not 74 +_ +I,- a Wof-kiing e*5 4,4e," 75 76 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may 77 adopt and maintain any ordinance that is adopted for the purpose of increasing 78 the supply of workforce housing using land use mechanisms not withstanding 79 80 any other provision of law; 81 3. Housing Gost.11.11.1age fl-ap- Ir-e 04Y Commission f:e6oginzes +-,,a+,+-"ef:e is 82 a gFewnig 9"F 's an-wages in flies ei+Y7, 83 84 34. Public Interest. The City of Boynton Beach has a legitimate public 85 interest in preserving the character and quality of neighborhoods that require 86 assuring the availability of workforce housing for low and moderate income 87 persons in the city; 88 89 Sense of Community. The city recognizes that the need to provide 90 workforce housing is critical to maintaining a diversified and sustainable city 91 having the character and sense of community where people can live and work in 92 the same area; and 93 94 56. Housing Availability. The city is encouraging the production and 95 availability of workforce housing and at the same time is cognizant that 96 escalating land costs and rapidly diminishing amounts of land hinder the 978 provision of sufficient workforce dwelling units by the private sector. 9 99 B. Applicability. The program is voluntary. Developers who choose to 100 participate may be awarded incentives outlined further in this article. The 101 following regulations shall apply effl-y-to development applications for projects -1 V_ 102 elig.- e f:Hhe pewntewft Tr-an-Si4_01fiente De 103 Dist fiet's kDT--OT .1 density in f:ease of enty five pefee— (215:0/40 with an-ttie fol I owi n g underlying future land use 104 _c,�ite�.1c2ri e,--*e-deffs4y in Y 105 exeess o4fieefi aefe. 106 107 L ±�_ ects�Nv&l Mixed L,,,;e 11i01'_! M_i_xed Use Medlul,n _Mlxed Use L.,ow and 108 SDedal Ifi1 H�1_�)e�nsity_future land use classifications are eligitfle forttie pmgram ------------------------------------------------------------- -------------------------------- -------- 109 citvwide in areas where such classifications are allowed, 110 2, �si, _11jLggEL 'ttl 100% affordab I e units are el i i i i i ions q.1te-S tvw'-d-e n__a-ill__fu-ture__I a-n-d__u-s-e c-I-ass fi c-at---------- 112 j�,xcepj _2,�LQensitvResidential, J,f 113 114 115 C. Provisions. The developer may elect to obtain highef: de+ a, 116 'y F through the S 250//.a density bonus and/or a height bonus Page 660 of 715 117 construction of the workforce units on-site or off-site, monetary 118 contribution, donation of land or purchase of units to be designated as 129 workforce, subject to the limits and requirements of this article. 121 122 123 L Construction of workforce 124 units on-site: 125 126 1. Tobe eligible for the requested 127 (2)-density bonus through the construction of workforce units on-site, the 128 129 developer must incorporate such units into the development as follows: 130 a. Projects located w't'I'dn the Downtown Transit Oriented Devel%)- s_t 131 Qist i(,t �FYFQf)fY}usingtfie density bonus of up to _5% alone or in 132 conjunction with the height bonus of one (1) additional story (up to a maximum 133 of 12 feet) shall designate a minimum of en-fiftcen percent(185%) of the total 134 proposed units as workforce housing units. 135 136 b. Projects located wztfun tie DI ODD in tfie LBo _LD 137 Ove lav with the Mixed Use Medium or Mixed Use High future land use 138 classifications may use the cicnsit a tL 1__I rwitti tfie heir ht 139 bonus or the height bonus alone; tlie lint bonus can include two(2)additional 140 stories (up to a maximum of 24 feet), and s1hall --fily ble rfod f8 p e^�s-loe tee 141 i rug e t4s ii4�zno tfie m�i'!ci`�I�i'llim 142i r iit ��o ill designate' i sig urn of twenty percent (20%) of the total 144 proposed units as workforce housing units. 145 �;. i� c ,t4; log pit cl o it4;icl off 'l f f with iii rse Medium, Mixed l is e 146 Low o StIcoiW 147 hili Dens't�f Res' lcntial future land use class'f cations are cli€ "ble_ for a den its 148 'bonuL i'o � t m 149 25%, �lich p _Ljg�t4 �lcill C� I€r Scit� ci LUl SltnlTm of' ��n�€I6 �Dt 150 3ICiC4 C1.TSIt ci workforce hL)uIq4:71TI�I� ��IC �PtI€ C� t�ll� ��lCI �ilCl� ci6l€ cII -- 151 also glia_ o��c } 152 feet), 153 154 cl. � o of wit i / f'fo ci [�1 a it o t ici of't ie D"ODD witti Medium o 155 1�i€1 f sSity _______ ______ 156 Residential future land use classifications are eli€�iifor a dcn-si �f i.)ones 157 �i f'li s) to25%. __ __ __ ____ __ _ _�le t 158 159 es. Eligible land use classifications and zoning districts (Table 1-2). 160 161 Land Use Zoning Classification Districts Medium f ensitv Residential* R-2, R-3 and M D i1iLli ��ens'� f 1��4,zcl��tial � 113[D and M D Page 661 of 715 5,) Ja 'I -----1_1Jj�.q__QensJtv lZesidential 113[iD and M Mixed Use Low MU-land SM[i Mixed Use Medium MU-2 and MU-3 Mixed Use High MU-4 and MU-Core 162Ann I ilc-,,il-1-c-LIIL--i<2-1,2lig ;itl7-1(3(3 i,af`f<>r t 1 N tit it 163 164 165 166 2. Household(Income)Type. Twenty-five percent(25%)of the total required 167 workforce housing units shall be set aside for low-income households. Seventy- 168 five percent(75%) of the total required workforce housing units shall be set aside 169 for moderate-income households. 170 171 3. Fractions. If the number of workforce housing units results in a fractional 172 remainder greater than one-half(0.50), the number shall be rounded up. If the 173 required number of workforce housing units results in a fractional number less than 174 one-half(0.50), the number shall be rounded down. 175 176 4. Number of Units. The workforce housing units provided shall have the 177 same percentage of unit types as market rate units within the development. The 178 unit types include the category of structure (single-family detached and attached, 179 multifamily), for rent versus for sale units, and the number of bedrooms. Relief 180 from this provision may be granted if the intended purpose is to address particular 182 181 needs of the community, substantiated by the provided data/analysis. 183 5. Staff Approval. At the time of application for land use amendment and 184 rezoning, the project must be reviewed and signed off by the Community 185 Improvement Division of the city as part of the site plan approval process for 186 compliance with affordability guidelines and number of units qualifying as 187 workforce. 188 189 6. Site Plan. The site plan shall clearly identify the location of workforce 190 housing 191 units. Additionally, tabular data must be included on the site plan showing the 192 address or unit number, total number of units, number of bedrooms of workforce 193 housing units and the targeted income levels. This shall be included with the 194 market rate data. 195 196 7 Sale Restrictions. Workforce housing units shall be regulated in terms of: 197 1998 a. Initial sales price or rent levels; and 19 200 b. Subsequent resale prices or leasing rates. 201 202 c. If compliance with a land development standard would preclude 203 construction of a residential or mixed use development in which workforce housing 204 units are included, pursuant to this chapter, the applicant may submit a proposal for 205 waiver or reduction of the development standard. The applicant shall show that the Page 662 of 715 206 waiver or reduction of the development standard is necessary to make the 207 workforce housing units economically feasible and that such a waiver will not 209 compromise any of the city's life or safety standards. 210 8. Recording the Restrictive Covenant. Prior to the issuance of any 211 building permit, the restrictive covenant and agreement shall be recorded in the 212 public records of Palm Beach County. The term of the restrictive covenant shall 213 be fifteen (15)years ccuin . A copy of the recorded covenant and 214 agreement shall be provided to the city prior to the issuance of the building 215 permit. 217 IL In-Lieu and off-site options. The -following options in ore8fis aetion af 210 6f:k1r_—f:ee ait ars n t < l be base 61s the rs wsl-ef:of ii 'fn as rs eat 219 C an AO.T.1a ave. 220 221 1. 1`C �;�iiitctcr �i4;ttii�tz�Ltilvot141otciiszt4; tii �� t �i� iiszth 1�itvz� 222 ttie_m inent_mzn- lieu can lie collected shall increase trot ten IgE DI_(ll�a fffteen 223 erce—stm( �/ol a sci t st j 1� st (1 /0 �zm4, z smc zmm�zt cmzms 4, mtzmcm�_s4, C I � C 1 I �z .............I,., c-.-mmmm .,.,.,.,.,.,.,.;1 224 asci C'.1.1.1:) r!L;pect1ve1 j to fifteenn1��_�smt (l ��/off, twent NLE 01st�,ll��/o�.��n 225 twe t j z st 1 /0l c�'tl Ictal i c c4,�Lcm lszt4; 226 __ m_ 227 228 J. Payment In-Lieu (Table 1-3). Contributions per unit listed in the table below 229 shall accrue 230 to the Boynton Beach Housing Trust to be utilized to subsidize the creation of 231 workforce housing within the city. In-lieu of fees shall be paid in full prior to the 232 issuance of building permit. 233 234 Payment In Lieu of Construction of Workforce Housing Units (per unit) For-sale unit $39, S81986 For rent units _-S-3620.Q 1 235 Note:Payment-in-lieu amounts shall be revised every two (2)years,based on(i)median single- 236 family home sale 237 price for Palm Beach County provided by Realtors'Association of the Palm Beaches,and(ii) 238 average monthly apartment rent for the Boynton Beach market provided by Reinhold P.Wolff 239 Economic Research,Inc. 240 241 3-2. Donation of Land. The value of the land shall equal or exceed the total 242 "in-lieu of fee for all workforce units or shall be of sufficient size to develop the 243 same number of units. The value of the donated land must be verified by a MAI 244 appraisal no more than three (3) months old. The appraisal shall be obtained by 245 developer at developer's cost to verify the value of donated land. The land shall 246 be deeded to the city prior to the issuance of a final certificate of occupancy for 248 the development. 249 J4. Off Site Construction The workforce housing units may be built off-site, 250c zmciecmtmmf aconstructed within t C ztj Izzt4. All off-site workforce housing Page 663 of 715 252 units shall comply with all sections of these Regulations. 253 54. Purchase Market Rate Units. Purchase an equivalent number of existing 254 market rate units to be deeded to the city or sold to eligible households. Such units 255 shall be deed restricted to comply with the Workforce Housing Ordinance. The 256 developer may retain the title to off-site units subject to recordation of a city 257 258 approved deed restriction. 259 D. The following requirements shall apply to built or purchased 260 workforce units: L Rental Housing Units. 261 1. Recording of the Restrictive Covenant. A restrictive covenant shall be 262 recorded in the public records specifying the income level served, rent levels, 263 reporting requirement and all restrictions applicable to the workforce housing 264 units. All leases on workforce housing units shall contain language incorporating 265 the restrictive covenant applicable to the workforce housing units and shall 266 reference the recorded restrictive covenant. The restrictive covenant shall remain 268 in force for fifteen (15) years. 2690 2. Rental Rates. 271 a. Units targeted to low income households ateighty 272 percent(80%) oi'ti'ie Alti1 273 shall not have rental rates that exceed one hundred percent(100%) of the HUD 274 determined fair market rent for the area. 275 276 b. Units targeted to moderate income households at eighty percent 277 (80%)to the one hundred twenty percent(120%) of ttic Alti �-`1* "J 278 shall not exceed one hundred 279 percent(100%) of the HUD determined fair market rent for the area. 280 281 282 3. Tenant Income Qualification. Tenant income qualification records shall 283 be maintained on-site and a yearly report shall be forwarded to the Community 284 Improvement Division of the City of Boynton Beach for compliance 285 determination. 286 28877 IL For-Sale Housing Units. 289 1. Restrictive Covenant. All deeds shall include the restrictive covenant 290 applicable to workforce housing units. All sales contracts shall state that the unit 291 is part of a workforce housing program and subject to the Land Development 292 Regulations of the city. The restrictive covenant shall remain in force for fifteen 293 (15) years, ccuig�. The form of deed for workforce housing units shall be 2295 approved by the City Attorney. 296 2. Resale. The restrictive covenants shall state that during the affordability 297 term, the resale of a workforce housing unit shall be subject to the following 2298 resale requirements. 300 a. All workforce housing unit owners shall notify the city immediately that 301 the unit is for sale. The city shall have first right of refusal to purchase the unit. Page 664 of 715 302 Upon receipt of notice that a valid offer has been made on the unit, the city shall 304 have fifteen (15) days to invoke its right of refusal to purchase the units. 305 b. All workforce housing units are to be resold only to low or moderate 306 income qualified households at an attainable housing cost for each targeted 308 income range. 309 3. Required Occupancy. Purchasers of workforce housing units shall be 310 required to occupy the unit. 312 4. Closing Costs. No charges or fees shall be imposed by the seller on the 313 purchaser of a workforce housing unit which is in addition to or more than charges 314 imposed upon purchasers of market rate units, except for administrative fees 315 charged by the city/CRA, or their designee. 317 5. Sales Price Calculations. Sales prices for workforce housing units will be 318 calculated on the basis of: 319 320 a. An available fixed-rate thirty (30)-year mortgage, consistent with a 321 "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance 322 Authority. A lower rate may be used in calculating workforce housing prices if the 323 developer can guarantee the availability of fixed-rate thirty (30)-year mortgage at 324 this lower rate for all workforce housing units required for the covered project; 326 b. A down payment of no more than ten percent(10%) (including any 327 down payment assistance provided by SHIP or other sources) of the purchase 329 price; 330 c. A calculation of property taxes; and 331 332 d. A calculation of homeowner insurance, mortgage insurance, 333 homeowner association fees,property management fees and other closing costs. 334 335 6. Compliance. Prior to request for final certificate of occupancy for the 336 development, the developer shall provide to the city's Community Improvement 337 Department, or designee, documentation sufficient to demonstrate compliance 338 with the workforce housing program. Such documentation shall include but is not 339 limited to information regarding the identity and income qualification 340 documentation for all occupants of the workforce housing units,proof of 341 recordation of restrictive covenant in approved form. 342 343 7. Resale Requirements. To maintain the availability of workforce housing 344 units which may be constructed or substantially rehabilitated pursuant to the 345 requirements of this program, the following resale conditions shall be imposed on 346 the workforce housing units and included in the deed and restrictive covenant 347 348 recorded in the Public Records of Palm Beach County: 349 a. Location of Units. All workforce housing units constructed or substantially 350 rehabilitated under this program shall be situated within the development so as not 351 to be in less desirable locations than market-rate units in the development and 352 shall, on average, be no less accessible to public amenities, such as open space, as 353 the market-rate units. 354 Page 665 of 715 355 b Integration. Workforce housing units within a development shall be 356 integrated with the rest of the development and shall be compatible in exterior 357 design and appearance, construction, and contain comparable HV/AC systems as 358 market rate units. 359 360 c. Construction Phasing. The construction schedule for workforce housing 361 units shall be consistent with or precede the construction of market rate units. 362 All workforce housing units must be deeded to the City, deed-restricted, or 363 receive a certificate of occupancy prior to issuance of more than eighty percent 364 (80%) of the certificate of occupancies in the subject development. 365 d. Lot Premiums. There shall be no lot premiums charged on the workforce 366 housing units. e. Sales Price. All required workforce housing units shall be 367 offered for sale or rent at an 369 attainable housing cost for each of the targeted income ranges. 370 f. City Approval. The city, its successors and assigns may enforce the 371 covenants. No amendments to the restrictive covenant shall be made unless by 372 written instrument approved by the city. 373 375 E. Monitoring and Compliance. 376 1. Qualified Buyers. Final approval conditions: Final conditions of approval 377 shall specify that the workforce housing units are sold to buyers whose income 378 does not exceed one hundred twenty percent(120%) of the Boynt,an BeaC 379 w edi,a,, hetisehell 'nee e AML The conditions will also specify the 380 requirements for reporting to the city's Community Improvement Division on 381 buyer eligibility, housing prices, as well as any applicable requirement to record 382 the restrictive covenant or to enforce resale restrictions. 383 384 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article 385 III, Section 6, Land Development Regulations, in the amount of one hundred ten 386 percent(110%) of the developers' obligation for workforce housing provision 387 according to this section. The city shall, at all times, have the authority to draw 388 upon the surety to enforce the provisions of this article should the applicant be in 399 default of these requirements, 391 3. Enforcement. The city may enforce the requirements of the Workforce 392 Housing Ordinance through any cause of action available at law or equity, 393 including but not limited to seeking specific performance, injunctive relief, 394 rescission of any unauthorized sale or lease, during the term of the restrictive 395 covenant. 397 4. Annual Report. The Community Improvement Department shall submit an 398 annual report to the City Commissioners indicating the status of the Workforce 399 Housing Ordinance, including but not limited to the revenues accrued to the 400 Housing Trust Fund, the number of units created, leased and sold. Page 666 of 715 401 402 Section 4. Each and every other provision of the Land Development Regulations 403 not herein specifically amended, shall remain in full force and effect as originally adopted. 404 Section 5. All laws and ordinances applying to the City of Boynton Beach in 405 conflict with any provisions of this ordinance are hereby repealed. 406 Section 6. Should any section or provision of this Ordinance or any portion 407 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 408 affect the remainder of this Ordinance. 409 Section 7. Authority is hereby given to codify this Ordinance. 410 Section 8. This Ordinance shall become effective immediately. 411 FIRST READING this day of , 2019. 412 SECOND, FINAL READING AND PASSAGE this day of , 2020. 413 414 CITY OF BOYNTON BEACH, FLORIDA 415 416 YES NO 417 418 Mayor— Steven B. Grant 419 420 Vice Mayor—Justin Katz 421 422 Commissioner—Mack McCray 423 424 Commissioner—Christina L. Romelus 425 426 Commissioner—Ty Penserga 427 428 429 VOTE 43o ATTEST: 431 432 433 Crystal Gibson, MMC 434 City Clerk 435 436 (Corporate Seal) -10- S:ACA\Ordinances\LDR Changes\Workforce Housing Program(2019)(CDRV 19-008)-Ordinance.docx Page 667 of 715 DEPARTMENT OF DEVELOPMENT 1 PLANNING AND ZONING Memorandum PZ 19-033 TO: Chair and Members Planning & Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: December 9, 2019 RE: Approve revisions to the Workforce Housing Program (CDRV 19-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article II. Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. Applicant- City-initiated. EXPLANATION The present version of the Workforce Housing ordinance was approved on September 19, 2017, a result of a conversion of the former mandatory inclusionary zoning program into a voluntary density and height bonus program. Neither has ever been utilized. It is staff's opinion that, given the high level of development activity in the city, the proposed revisions are likely to stimulate the private sector's interest in the density bonus offered in exchange for participation in the program. Currently, the limited interest stems partly from its restricted geographic applicability- only projects located in the Downtown Transit-Oriented Development District (DTODD) can participate in the program. The key proposed change expands applicability city-wide. projects with Mixed Use High, Medium, and Low as well as Special High Density future land use classifications would be eligible in all areas where such classifications are allowed. Moreover, the program would now offer density bonus—also city-wide—to developments implementing affordable housing programs with 100% affordable units, in all future land use classifications except Low Density Residential. Other proposed revisions include- • Changing the source of income data for income eligibility determination, from the Boynton Beach Median Household Income from the American Community Survey to the Area Median Income (AMI) for the Palm Beach County as provided annually by the Department of Housing and Urban Development. The latter is commonly used in most housing programs. Page 668 of 715 WH Update (CDRV 19-008) Memo PZ No.19-033 • Increasing the fee-in lieu amounts for both for-sale and for rent units. The higher fees are intended to encourage construction of units. To further incentivize construction, the amendment proposes to increase the percentage of set-aside units designated to be workforce housing as a base for in-lieu fee if the payment option is selected. The proposed revisions constitute a first step in the work plan of the staff's Housing Work Group. The longer-term approach is a comprehensive review of the Land Development Regulations that could potentially support attainable housing. Such regulations will include minimum lot sizes and non-conforming lots, minimum living area, accessory dwelling units, and parking requirements. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to increase the development community's interest in participation in the Workforce Housing Program. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-008 WHP Update\CDRV 19-008 WH Program Update Staff Report.docx -2 - Page 669 of 715 DEED RESTRICTION -E4Gh-All for sale workforce housing units created under the Workforce Housi E, Hou hq_q_-pErogram shall be deed restricted for fifteen (15) years-.. recurring. All rental workforce units created under the DLU) ,fg!E _a��gl-l--be...d-eed--re-qtr icte-d--for-fiftee-n. L'1 , - �'- ears�non�-recur�rin . The deed restriction shall be recorded and serve to restrict the sales or rental price and/or the income of the purchaser or renter. ELIGIBLE OCCUPANT - Relative to the \A`workforce H4ousing a-program contained in ni in c frr these Regulations, it is a person who me .1. meets inco Leguirements of the program. -1—se -,,^--,4 „n® k,.-A—4 PeFG Rt 11 Or)O/-N rf ryinAinn hr,..-s FirdA ir-i,-rrqe fop the ( ;ty of eyRten- ..Priority will Y be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (1) year immediately prior to the date of application for a workforce housing unit. LOW INCOME HOUSEHOLD - Under the Wworkforce H4ousing aerogram provisions of these regulations, it is a household with a gross, combined income between six ,/ p 2,Lgf,], 1j6 0 \ a percent (80%) of the Gity -.1 Be /o ,i dbe44w-eighty -11Y -1 ®a-h ra-- Median Income (AMI N r",nAinn kriicnkrdr4 in-epn-e-. for Palm Beach Counb u s e , g2in u a I yl j2y_j��g_p !1[iaent of Housi, q Urban Dev A) 'm 'ot H_IJD\. a__gIDd---------------------L �----L-L_L __,:_L MODERATE INCOME HOUSEHOLD - Under the Wworkforce H#ousingEprogram provisions of these regulations, it is a household with a gross, combined income between eighty percent (80%) and one hundred twenty percent (120%) of the Qty ,afArea Median Income (AMI) for Palm Beach Count,,/ Dublished annuall" k, the Q� \.9GyRt9R44eaG4-R4e4inaR eg_CtL�e n�t of H o u s i n q,_,gjD d_j)1Laa_Q y�,Lg rjL,,D t H Q Q ------------------------ innnrnQ RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale and rental and subsequent resale and releasing of workforce housing units created under the Wworkforce H4ousing E-program. The term of the restrictive covenant and 5\� agreement is fifteen (15) years,_recurrinqfor for sale units and fifteen L,1_�?� qL for ---------------------------------------------------- ------- rental units. nonrecurri-nn Page 670 of 715 EXHIBIT B ARTICLE V. HOUSING INITIATIVES Sec. 2. Workforce Housing Program. A. Findings. 1, ljousing_f ei a r n ap it j�ID 1lizes ti'lat ti'ler ' L! ---------------------------------- ----- - between in ttie------c1t ., -------------- -v--- 1. Housing S"ho.—'age. The 1--i4y 1--mmiss'an hm,ing e0fiff"l—e-, - T-T--- A-----+ I A+.aehffiea+A 1 1-as -1 e+---- +1,-+a ew h-—- fli --ft A f:eats af e 146+affef4able te�he 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law;- -&' "F- -4 H E-eeft heiising e6s+1S -11 1.1y, ,14. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods that require assuring the availability of workforce housing for low and moderate income persons in the city; Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 56. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. The program is voluntary. Developers who choose to participate may be awarded incentives outlined further in this article. The following regulations shall apply e4y to 11 + development applications for projects elig'111 -r-f:+e e Dawatown Tfuasi eat eN E!'-F"""' Aef, Sf+ pistf:iet's ' Yase 4 "'e*t ........f4 -,e t3ef:e eft+1 with attic ti lz� Lollowiqg underlying fu re land use ,�ite� es: dy in 'ess of f4f+,eefi �.-1 +1 eensi4y -ILI z c,L�se Ifig q Mlise e Mdium, Mixed [ise i..ow afi -- fixed----i--------------------------- _�!�Iqc-i---1 I--------J-- Densitv future land use classifications are eLij47 �.jt�g_. itywide in areas where such classifications are allowed, 2, PrU)g�,,_j4s z s ig -'f 2J) ilIgnti d affordatfle housing programs witti 100% affordatfle —------------------------------------------------------------- units are digit 1e C 1...,ow Den sitv lZesidential, C. Provisions. The developer may elect to obtain highef: of toe DTOD 2-1 2-54a density bonus and/or a height bonus through the construction of the workforce units on- Page 671 of 715 site or off-site, monetary contribution, donation of land or purchase of units to be designated as workforce, subject to the limits and requirements of this article. 1. Construction of workforce units on-site: TI% T-11 II IZO/ 1. To be eligible for the requested highef: F-ef+he PTI — — �__-1 density bonus through the construction of workforce units on-site, the developer must incorporate such units into the development as follows: a. Projects located witfun the Downtown Transit Oriented DeveloDment Dist usingtfie density bonus of'up to 25% alone or in conjunction with the height bonus of one (1) additional story(up to a maximum of 12 feet) shall designate a minimum of4eii-fifteen percent(105%) of the total proposed units as workforce housing units. _b. Projects located witfun the DTODD in the Bo n10ism--B-e a-ch---Boul-ey-ard--_0-y-erlay with the Mixed Use Medium or Mixed Use High future land use classifications may use ttle densitybonus ofuii to 25% n witti the figLg±_ � the height bonus alone; S+"tfie hei gfit bonus can include two (2) additional stories (up to a maximum of 24 feetJ, and shall ealy be pf:-Jee+s laeat A �'fl +11 1- �� 11rC-lects 11siqJ J I le e til ,,I:al at:B ayfitan B eaeh Batt!e:v atA dk4imc�.,___2 _ �L Lh,g i�.Iqjjb o n-u-s---s_h_al_I__.designatei*g- ji miriimurn cyftwenty percent (20%) of the total proposed units as workforce housing units. c, Predium, w Mixed lise I...,oor ------------ Lii Lill I it g-----Den.`it Jb_I_ef'c_ra ,dens � 25%, Suc!,U)_Lgj_�6,, cq�ga tn'n' of'te, -1) nits as 1--jiIjIgII----------DpgLg -D L� _s� d-11-------------- workf'orceiic)ti�iq _,L�i2its, 11 _Ip LjLmore acres are also eli,wtfle for a hei I,itbonus -------- L� _g�E _f ------------------------------------------------- L)fone (J) additional story (up to a maximum of' 12 feet), ------------------------------------—------------------------------------------------------- d, Pr ODD witti Medium or MOILDe-n- 'ty Residential future land use classifications are e Lk-dble for a density'bonus of' to 25%, - - - -- - - -------------------------- ------------------- eca. Eligible land use classifications and zoning districts (Table 1-2). Land Use Zoning Classification Districts Medium Densjt.� R-2, R-3 and M affigfi Density Residential* 113[iD and MiD Jal 11.'j i D and MiD J2��__Jtv Residential 113[i Mixed Use Low MU-land SM[i Mixed Use Medium MU-2 and MU-3 Mixed Use High MU-4 and MU-Core �Applicable(ItIL 2 Page 672 of 715 i 2. Household (Income) Type. Twenty-five percent(25%) of the total required workforce housing units shall be set aside for low-income households. Seventy-five percent(75%) of the total required workforce housing units shall be set aside for moderate-income households. 3. Fractions. If the number of workforce housing units results in a fractional remainder greater than one-half(0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half(0.50), the number shall be rounded down. 4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development. The unit types include the category of structure (single-family detached and attached, multifamily), for rent versus for sale units, and the number of bedrooms. Relief from this provision may be granted if the intended purpose is to address particular needs of the community, substantiated by the provided data/analysis. 5. Staff Approval. At the time of application for land use amendment and rezoning, the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. 6. Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 7 Sale Restrictions. Workforce housing units shall be regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included,pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. 8. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall be fifteen (15) yearsrecurriqg. A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. IL In-Lieu and off-site options. 1, l o etS6;olTl"Lnig �,f tructlon of wol"k orce units, the nutn�. er o unit`�D for�Vhic!1 Lll� �CI`tjment In lieu can lie collected shall increase from tees DercenL��EEf_s1 ( __C __ _az and C'. .1.l: _rm L, to fifteen smt( �/off t st st(1 /0l� asci t stj �z i� ?I l �/o} o� tll totalcic 4; ciszl`D. 3 Page 673 of 715 i 14. Payment In-Lieu (Table 1-3). Contributions per unit listed in the table below shall accrue to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city. In-lieu of fees shall be paid in full prior to the issuance of building permit. Payment In Lieu of Construction of Workforce Housing Units (per unit) For-sale unit &3-91293_S81986 986 For rent units _ S36,760 Note:Payment-in-lieu amounts shall be revised every two (2)years,based on(i)median single-family home sale price for Palm Beach County provided by Realtors'Association of the Palm Beaches,and(ii)average monthly apartment rent for the Boynton Beach market provided by Reinhold P.Wolff Economic Research,Inc. 3-2. Donation of Land. The value of the land shall equal or exceed the total "in-lieu of fee for all workforce units or shall be of sufficient size to develop the same number of units. The value of the donated land must be verified by a MAI appraisal no more than three (3)months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. J4. Off-Site Construction. The workforce housing units may be built off-site,l? �j1 rcicci t are constructed wittun ttie Cite limits, All off-site workforce housing units shall comply with all sections of these Regulations. 54. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. D. The following requirements shall apply to built or purchased workforce units: L Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for fifteen (15) years. 2. Rental Rates. a. Units targeted to low income households at sixt,,� � � �t(�0%) to eighty percent(80%) of ttie AM 1 of the G;l,y of Br,y tan D uE rir�,a�'x i 'neame shall not have rental rates that exceed one hundred percent(100%) of the HUD determined fair market rent for the area. b. Units targeted to moderate income households at eighty percent(80%)to the one hundred twenty percent(120%) of ttic AMI +I,e 1-;f.. o f rz, y Titan Beae mea; , 1 „tea in,eeff+e-shall not exceed one hundred percent(100%) of the HUD determined fair market rent for the area. 4 Page 674 of 715 i 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. IL For-Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force for fifteen (15) yearsrecurriqg. The form of deed for workforce housing units shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range. 3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30)-year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30)-year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent(10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees,property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units,proof of recordation of restrictive covenant in approved form. 5 Page 675 of 715 i 7. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: a. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. b Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. c. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. All workforce housing units must be deeded to the City, deed-restricted, or receive a certificate of occupancy prior to issuance of more than eighty percent(80%) of the certificate of occupancies in the subject development. d. Lot Premiums. There shall be no lot premiums charged on the workforce housing units. e. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. f. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. E. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred twenty percent(120%) of the ' ^��ate, Baa '� e�'�— 11-1 11-1A � .n41. The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, Section 6, Land Development Regulations, in the amount of one hundred ten percent(110%) of the developers' obligation for workforce housing provision according to this section. The city shall, at all times, have the authority to draw upon the surety to enforce the provisions of this article should the applicant be in default of these requirements, 3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. 4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the revenues accrued to the Housing Trust Fund, the number of units created, leased and sold. 6 Page 676 of 715 i (Ord. 10-025,passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034,passed 12- 3-13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031,passed 12-1-15) Page 677 of 715 9.A. CITY MANAGER'S REPORT 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Announcement concerning the implementation of Bids & Tenders Contract Management and E-Bidding Software by Eric Marmer, Senior Buyer. EXPLANATION OF REQUEST: Bids &Tenders is an all inclusive E-Procurement Platform recently purchased and budgeted for in Fiscal Year 2020. The platform will allow staff to administer the procurement of goods and services that are bid by the City and create efficiencies. It will allow staff to track and post submissions, review Certificates of Insurance, review contract spending and run report data through one centralized solution. The E-Procurement Platform has four main components as listed: * E-Bidding Portal * Bid Evaluation Module * Contract Management * Vendor Performance Each of these portals will allow for improved Customer Service for both our vendors and City departments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Vendors will begin submitting bids electronically through the City's online platform between now and March 31st, 2020. Announcement regarding a GO-Live date will be posted on the City's website at a future date. FISCAL IMPACT: Budgeted ALTERNATIVES: Not move forward with E-Bidding STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 678 of 715 Page 679 of 715 11.A. NEW BUSINESS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-169-Accept land donation from Catherine M. Speth Trust. EXPLANATION OF REQUEST: A representative for Catherine Speth has contacted City staff requesting to donate land owned by the Catherine M. Speth Trust. The property is two vacant lots located at the end of Rider Road and NE 7th Street and is more particularly described as: Lot 1 and Lot 2, Block 6, LAKE ADDITION TO BOYNTON. City staff has inspected the property and recommends acceptance of the property to preserve the mangrove forest along the intracoastal water. The City owns a section of right-of-way adjacent to this property which provides access. Staff recommends maintaining the area as a natural preserve associated with the stormwater management system located along the west side of the property. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This acquisition will increase the preservation of natural area within the City limits which is vital in maintaining water quality and wildlife along the intracoastal waterway. FISCAL IMPACT: Non-budgeted The City is already maintaining the adjacent ROW and maintenance of a mangrove preserve is minimal if no public access is provided. There will be very minimal budgetary impact. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 680 of 715 ATTACHMENTS: Type Description D Resolution Resolution accepting land donation of Lot 1 and Lot 2, Block 6 Lake Addition to Boynton D Attachment Palm each County Property Appraiser Land detail on Lots 1 and 2 Block 6 D Letter Donation letter Page 681 of 715 I RESOLUTION NO. R19 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING THE 5 CONVEYANCE OF LAND DONATION FROM 6 CATHERINE M. SPETH TRUST, SPECIFICALLY LOT 1 7 AND LOT 2, BLOCK 6, LAKE ADDITION TO 8 BOYNTON; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS,a representative for Catherine Speth has contacted City staff advising that I his client wished to donate land owned by the Catherine M. Speth Trust; and 12 WHEREAS, the property is two vacant lots located at the end of Rider Road and NE 13 7th Street and is more particularly described as: Lot 1 and Lot 2, Block 6, LAKE ADDITION 14 TO BOYNTON; and 15 WHEREAS, City staff has inspected the property and recommends acceptance of the 16 property to preserve the mangrove forest along the Intracoastal water since the City owns a 17 section of right-of-way adjacent to this property which provides access; and 18 WHEREAS, This acquisition will increase the preservation of natural area within the 19 City limits which is vital in maintaining water quality and wildlife along the Intracoastal 20 waterway; and 21 WHEREAS,the City Commission,upon recommendation of staff, deems it in the best 22 interest of the Citizens and residents of the City of Boynton Beach to approve and accept the 23 conveyance to the City of Lot 1 and Lot 2, Block 6, LAKE ADDITION TO BOYNTON, from 24 the property owner, Catherine M. Speth Trust. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing"WHEREAS" clauses are true and correct and hereby 28 ratified and confirmed by the City Commission. S:ACA\RESO\Real EstateAAccepting Land Donation From Catherine Speth-Reso.Docx Page 682 of 715 I Section 2. The City Commission of the City of Boynton Beach hereby approves 2 and accepts the conveyance to the City of Lot 1 and Lot 2, Block 6, LAKE ADDITION TO 3 BOYNTON from property owner Catherine M. Speth Trust. 4 Section 3. That this Resolution will become effective immediately upon passage. 5 PASSED AND ADOPTED this day of December, 2019. 6 CITY OF BOYNTON BEACH, FLORIDA 7 YES NO 8 9 10 Mayor— Steven B. Grant 11 12 Vice Mayor—Justin Katz 13 14 Commissioner—Mack McCray 15 16 Commissioner—Christina L. Romelus 17 18 Commissioner—Ty Penserga 19 20 21 VOTE 22 23 24 ATTEST: 25 26 27 28 Crystal Gibson, MMC 29 City Clerk 30 31 32 33 (Corporate Seal) 34 S:ACA\RESO\Real EstateAAccepting Land Donation From Catherine Speth-Reso.Docx Page 683 of 715 12/2/2019 https://www.pbcgov.org/papalAsps/PropertyDetail/PrinterfriendlyPropertyPrint.aspx?parcel=08434521320060010 Property Detail Location Address NE 10TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-32-006-0010 Subdivision LAKE ADD TO BOYNTON Official Records Book 24684 Page 656 Sale Date JUN-2011 Legal Description LAKE ADD TO BOYNTON LT 1 BILK 6 Owner Information Owners Mailing address SPETH CATHERINE M TRUST 2740 OAK TREE CIR SPETH CATHERINE M TR FORT LAUDERDALE FL 33309 6711 Sales Information Sales Date Price OR Book/Page Sale Type Owner JUN-2011 $10 24684 / 00656 QUIT CLAIM SPETH CATHERINE M TRUST APR-2002 $10 13612 / 01469 QUIT CLAIM HEMMERLE CONSTRUCTION CO INC MAR-2002 $150,000 13612 / 01474 WARRANTY DEED INTRACOASTAL ESTATES MAR-2002 $10 13612 / 01472 QUIT CLAIM HEMMERLE CONSTRUCTION CO INC MAR-2002 $10 13612 / 01473 QUIT CLAIM HEMMERLE CONSTRUCTION CO INC JAN-2002 $0 13302 / 00969 QUIT CLAIM HEMMERLE CONSTRUCTION CO INC JAN-2002 $0 13449 / 01899 QUIT CLAIM HEMMERLE CONSTRUCTION CO INC APR-1993 $100 07674 / 00591 FINAL JUDGMENT MAY-1992 $100 07256 / 01094 QUIT CLAIM SEP-1989 $100 06579 /01422 QUIT CLAIM MAY-1989 $90,000 06080 / 00873 WARRANTY DEED JUL-1988 $39,600 05754 / 01609 WARRANTY DEED Exemption Information No Exemption information available Property Information Number of Units 0 `Total Square Feet 0 Acres 0.3333 Use Code 0000-VACANT Zoning R1A-Single Family(08-BOYNTON BEACH) Appraisals Tax Year 2019 2018 2017 Improvement Value $0 $0 $0 Land Value $55,000 $44,000 $44,000 Total Market Value $55,000 $44,000 $44,000 All values are as of January 1st each year Assessed and Taxable Values Tax Year 2019 2018 2017 Assessed Value $28,059 $25,508 $23,189 Exemption Amount $0 $0 $0 Taxable Value $28,059 $25,508 $23,189 Taxes Tax Year 2019 2018 2017 Ad Valorem $799 $659 $636 Non Ad Valorem $0 $0 $0 Total tax $799 $659 $636 Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 684 of 715 ,n w, I I V r r r s �a 1 � 1 CL OM lc W i 4h, t° r � U1 .r 0 5„ W n m� r o � N O � O � s N 00 O c o o w Page 685 of 715 12/2/2019 https://www.pbcgov.org/papa/Asps/PropertyDetaii/PrinterfriendlyPropertyPrint.aspx?parcel=08434521320060020 Property Detail Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-32-006-0020 Subdivision LAKE ADD TO BOYNTON Official Records Book 24684 Page 656 Sale Date JUN-2011 Legal Description LAKE ADD TO BOYNTON LT 2 BLK 6 Owner Information Owners Mailing address SPETH CATHERINE M TRUST 2740 OAK TREE CIR SPETH CATHERINE M TR FORT LAUDERDALE FL 33309 6711 Sales Information Sales Date Price OR Book/Page Sale Type Owner JUN-2011 $10 24684 / 00656 QUIT CLAIM SPETH CATHERINE M TRUST APR-2002 $10 13612 / 01469 QUIT CLAIM HEMMERLE CONSTRUCTION CO INC APR-2002 $150,000 13612 / 01474 WARRANTY DEED INTRACOASTAL ESTATES -JAN-2002 $0 13302 /00969 QUIT CLAIM HEMMERLE CONSTRUCTION CO INC JAN-2002 $0 13449/ 01899 QUIT CLAIM HEMMERLE CONSTRUCTION CO INC ,APR-1993 $100 07674 / 00591 FINAL JUDGMENT SUN ISLAND REALTY INC MAY-1992 $100 07256 / 01094 QUIT CLAIM Exemption Information No Exemption information available Property Information Number of Units 0 *Total Square Feet 0 Acres 0.3394 Use Code 0000-VACANT Zoning 111A-Single Family(08-BOYNTON BEACH) Appraisals Tax Year 2019 2018 2017 Improvement Value $0 $0 $0 Land Value $56,250 $45,000 $45,000 Total Market Value $56,250 $45,000 $45,000 All values are as of January 1st each year Assessed and Taxable Values Tax Year 2019 2018 2017 Assessed Value $28,059 $25,508 $23,189 Exemption Amount $0 $0 $0 Taxable Value $28,059 $25,508 $23,189 Taxes Tax Year 2019 2018 2017 Ad Valorem $808 $665 $643 Non Ad Valorem $0 $0 $0 Total tax $808 $665 $643 Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 686 of 715 CL c Go g� z 41: r4 5 N co 11 ._ NNE i I C)co 4 i V• \� �,f k s� C) 0 y fS y . eA t i �3 f i S 0 0 f AI O � � O N v 01 ()1 O O NOj s N s N O O O' W Page 687 of 715 _ C��Q SelzerLaw0fficeofJeffrevSethSelzer, Esq. December 11, 201q Ms. Lynn Swanson City Attorney's Office P(} Box 310 Boynton Beach, 33425 RE: PROPERTY DONATION PROPERTY DESCRIPTION: Lots 1and 2, Block 6,ofLAKE ADDITION TQB[;YNTON,according to the Plat thereof,asrecorded inPlat Book 11, etPage 71, wfthe Public Records ufPalm Beach County, Florida. PROPERTY ADDRESS: N.E. 10*h Avenue, Boynton Beach, Florida. Dear Ms. Swanson, My client, Catherine Speth,owns two undeveloped properties directly on the Intracoastal waterway,and would like todonate them tothe City nfBoynton Beach. She understands etthis time the City will not be able todeve|opethe land into apark. |fthe properties can bedeveloped into apark atafuture time, Mrs.Spethhas requested tohave the park named "THE CATHERINE RYAN SPETH PARK" or a similar variation thereof when it is developed. Thank you for your attention to this matter and for considering accepting these properties as a donation to the City ofBoynton Beach. The signature of Mrs. 5peth appears below as authorization for the representations made in this letter. We look forward to hearing from you. ]EET ELZER, ES[l. CATHERINE K8.SPE TH cwl�vv caov ]urs � Parks and Recreation Director for Boynton Beach zo8c.Boynton Beach Blvd. Boynton Beach,33445 2550 Northeast 15mAvenue * Fort Lauderdale, FL 33305w954.507'444498dmmrLmwxom Page 688 Of 715 11.B. NEW BUSINESS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: At the December 3rd Commission meeting the City Commission requested an agenda item to discuss the possibility of changing the Commission meeting start times to an earlier time. EXPLANATION OF REQUEST: Vice Mayor Katz will not be present at the 12/17/19 meeting but asked the Commission to consider a start time of 5:30 pm. 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: Page 689 of 715 12.A. LEGAL 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R19-170 - Establish by Resolution the District Energy System (DES) rates, fees and charges for chilled water service. EXPLANATION OF REQUEST: Ordinance 19-028 adopted by the City Commission on September 5, 2019, provided that the City Commission would set the rates for the distribution of chilled water service generated by the District Energy Plant. Adoption of rates is required to be by Resolution. Future rate adjustments, if any, will be proposed and adopted as part of the City's annual budget adoption process. The rates and charges are outlined as follows: CAPACITY CHARGE The "Capacity Charge" is calculated monthly, as the contracted hourly capacity multiplied by the Capacity Rate. The Monthly Capacity charge is the sum of the Contract Capacity plus any Excess Capacity utilized during the monthly billing period. the units of measure is Tons. Capacity Rate is$30 per Ton (1 Ton is equivalent to 12,000 BTU) As an example, the Contract Capacity Charge for a 20 ton per hour contract would have a capacity charge of$600/month. Should the user consume an average of 21 Tons per hour (1 ton above contract) the capacity charge for that month would be $630. CONSUMPTION CHARGE The consumption charge is calculated monthly, based upon the monthly consumption (in Ton-Hours) multiplied by the consumption rate. Consumption Rate is$0.24 per Ton-Hour As an example, for a user that uses an average of 20 tons each hour, the Consumption Charge would equal 20 Tons x 720 hours (30 day month) x$0.24/Ton-Hour or $3,456.00/month RETURN TEMPERATURE ADJUSTMENT CHARGE The Return Temperature Adjustment Charge is the Consumption Charge multiplied by twelve and one half percent (12.5%) for each degree Fahrenheit that the weighted average return temperature falls below the Designed & Contracted Return Temperature. SUPPLY TEMPERATURE ADJUSTMENT The Supply Temperature Adjustment will be credited to customer's invoice in any billing period in which the weighted average supply temperature is more than the maximum designed supply temperature. The Supply Temperature Adjustment shall be calculated as the Consumption Charge multiplied by 12.5 percent for each Page 690 of 715 degree, in Fahrenheit, that the weighted average return temperature exceeds the maximum designed supply temperature (as set forth in the service contract). INTERCONNECTION CHARGE A total interconnection charge to service a property is $25,000.00 and is due from a customer prior to connecting the usage meter to the property. METER READING FEE A fee of $55.00 will be charged in the event that the customer requests an additional calibration check when no fault is found with the metering equipment. Although the rates are uniform for each property owner, each customer will be required to enter into a Chilled Water Service Agreement with the Utility to ensure adequate delivery, proper system controls by the customer and the annual rates for service. This agreement would be signed by the City Manager. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow the District Energy System to raise the necessary revenue to operate and provide for a sustainable utility. FISCAL IMPACT: Budgeted The rates are sufficient to meet the needs of this utility. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution Resolution establishing District Energy System rates, fees and charges for chilled water service Page 691 of 715 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ESTABLISHING THE DISTRICT ENERGY 5 SYSTEM (DES) RATES, FEES AND CHARGES FOR 6 CHILLED WATER SERVICE; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 10 WHEREAS, Ordinance No. 19-028, adopted on September 5, 2019,provided that the 11 City Commission would set rates, fees and charges by Resolution for chilled water produced 12 by the City's District Energy System. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 16 being true and correct and are hereby made a specific part of this Resolution upon adoption 17 hereof. 18 Section 2. The City Commission does hereby establish and set the initial District 19 Energy System (DES)rates, fees and charges for chilled water service as follows: 20 CHILLED WATER 21 CHARGES AND FEES FOR SERVICE 22 23 I. CHARGES FOR SERVICE 24 A. INTERCONNECTION CHARGE: $25,000.00. 25 26 B. CAPACITY CHARGE: 27 The "Capacity Charge" is calculated monthly as the Monthly Capacity multiplied by 28 the Capacity Rate, where 29 30 (i) Monthly Capacity is the sum of the Contract Capacity and any Excess Capacity 31 utilized during the billing period, in Tons; 32 33 (Ii) The Capacity Rate is $30.00 per Ton. 34 35 (Iii) The Capacity Rate will adjusted each January to reflect the January to January 36 increase or decrease in the United States Bureau of Labor Statistics Consume, S:ACA\RESO\DES Rates Fees And Charges(Chilled Water Service)-Reso.Docx Page 692 of 715 37 starting with the January 2020 to January 2021 adjustment, and 38 39 C. CONSUMPTION CHARGE: 40 The "Consumption Charge" is calculated monthly as the Monthly Consumption 41 multiplied by the Consumption Rate, where 42 43 (i) "Monthly Consumption" is the quantity (in Ton-Hours) of Service consumed 44 during the billing period; 45 46 (ii) The Consumption Rate is $0.240 per Ton-Hour. The rate will adjusted each 47 January to reflect the January to January increase or decrease in the United 48 States Bureau of Labor Statistics Consume, starting with the January 2020 to 49 January 2021 adjustment; and 50 51 II. OTHER CHARGES 52 A. RETURN TEMPERATURE ADJUSTMENT: 53 Except as provided below, the Return Temperature Adjustment will be added to 54 customer's invoice in any billing period in which the Weighted Average Return 55 Temperature is less than the Designed Return Temperature. The Return Temperature 56 Adjustment shall be calculated as the Consumption Charge multiplied by [12.5] 57 percent for each degree, in Fahrenheit, that the Weighted Average Return 58 Temperature falls below the Designed Return Temperature. 59 60 For purposes of calculating the Return Temperature Adjustment: 61 62 (i) The Weighted Average Return Temperature is the average temperature of 63 chilled water returned by Customer and measured at the Point of Service during 64 the billing period,weighted for volumetric flow rate(Gallons-per-Minute);and 65 66 (ii) The Designed Return Temperature for each property will be as established in 67 Exhibit A to Chilled Water Service Agreement required of each Customer. 68 69 The Return Temperature Adjustment will not be applied during the first three billing 70 periods following the Operation Date of a Customer's Chilled Water Service 71 Agreement. 72 73 74 III. OTHER FEE ADJUSTMENTS 75 76 A. SUPPLY TEMPERATURE ADJUSTMENT: 77 Except as provided below, the Supply Temperature Adjustment will be credited to 78 customer's invoice in any billing period in which the Weighted Average Supply 79 Temperature is more than the Maximum Designed Supply Temperature. The Supply 80 Temperature Adjustment shall be calculated as the Consumption Charge multiplied 81 by [12.5] percent for each degree, in Fahrenheit, that the Weighted Average Return 82 Temperature exceeds the Maximum Designed Supply Temperature. S:ACA\RESO\DES Rates Fees And Charges(Chilled Water Service)-Reso.Docx Page 693 of 715 83 84 For purposes of calculating the Supply Temperature Adjustment: 85 86 (i) The Weighted Average Supply Temperature is the average temperature of 87 chilled water supplied to the Customer and measured at the Point of Service 88 during the billing period, weighted for volumetric flow rate (Gallons-per- 89 Minute); and 90 91 (ii) The Maximum Designed Supply Temperature will be established with each 92 customer in Exhibit A of the Customer's Chilled Water Service Agreement. 93 94 (iii) The Supply Temperature Adjustment will not be applied during the first three 95 billing periods following the Operation Date of the Customer's Chilled Water 96 Service Agreement. 97 98 Section 3. This Resolution and fee schedule shall take effect immediately upon 99 passage. 100 PASSED AND ADOPTED this day of December, 2019. 101 CITY OF BOYNTON BEACH, FLORIDA 102 103 YES NO 104 105 Mayor— Steven B. Grant 106 107 Vice Mayor—Justin Katz 108 109 Commissioner—Mack McCray 110 111 Commissioner—Christina L. Romelus 112 113 Commissioner—Ty Penserga 114 115 116 VOTE 117 118 ATTEST: 119 120 121 122 Crystal Gibson, MMC 123 City Clerk 124 125 126 (Corporate Seal) S:ACA\RESO\DES Rates Fees And Charges(Chilled Water Service)-Reso.Docx Page 694 of 715 12.B. LEGAL 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-043 - SECOND READING -Approving the abandonment of an FP&L utility easement within the Ocean Breeze East development, located at 100 NE 7th Avenue. Applicant: Lewis Swezy, Ocean Breeze East Apartments LLC. EXPLANATION OF REQUEST: Elizabeth Roque of Centennial Management, on behalf of Lewis Swezy of Ocean Breeze East Apartments LLC, is requesting abandonment of the 12 foot wide FP&L utility easement located along the west property line of Lot 3 of Block 1, Country Club Estates and running east to the east property line of Lot 12 of Block 1, Country Club Estates, for a distance of approximately 505 feet (see Exhibit"B"). The abandonment of this easement was a Condition of Approval of the approved Site Plan for Ocean Breeze East. As the applicant is preparing to construct the project, they have submitted the abandonment application to satisfy the condition. The applicant has received a letter of"No Objection"from FP&L (see Exhibit"C"), indicating the abandonment would be contingent upon the applicant, 1) granting any necessary easements to FP&L to provide electrical service to the project; and 2) relocating/ removing, at the applicant expense, any existing utilities that may be located within the easement proposed for abandonment. Staff recommends approval of the requested abandonment, subject the applicant satisfying the conditions noted by FP&L above. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 695 of 715 ATTACHMENTS: Type Description D Ordinance Ordinance abandoning FP&L Easement Ocean Breeze East D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Legal Description & Sketch D Letter Exhibit C ® FP&L Letter D Conditions of Approval Exhibit D ® Conditions of Approval D Development Order Exhibit E ® Development Order Page 696 of 715 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF AN FP&L 5 UTILITY EASEMENT WITHIN THE OCEAN BREEZE EAST 6 DEVELOPMENT, LOCATED AT 100 NE 7TH AVENUE. 7 APPLICANT: LEWIS SWEZY, OCEAN BREEZE EAST 8 APARTMENTS LLC.; AUTHORIZING THE CITY MANAGER 9 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 10 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 11 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, Lewis Swezy of Ocean Breeze East Apartments, LLC., is requesting 15 abandonment of the 12 foot wide FP&L utility easement located along the west property 16 line of Lot 3 of Block 1, Country Club Estates and running east to the east property line of 17 Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet; and 18 19 WHEREAS, the abandonment of this easement was a Condition of Approval of 20 the approved Site Plan for Ocean Breeze East and the abandonment application has been 21 submitted to satisfy that condition; and 22 23 WHEREAS, the applicant has received a letter of "no objection" from FP&L 24 indicating the abandonment would be contingent upon the applicant granting any necessary 25 easement to FP&L to provide electrical service to the project and relocating any existing 26 utilities that may be located within the easement proposed for abandonment; and 27 28 WHEREAS, comments have been solicited from the appropriate City 29 Departments, and public hearings have been held before the City Commission on the 30 proposed abandonment; and 31 32 WHEREAS, staff finds that the subject abandonment serves a greater public 33 purpose, and therefore recommends approval of the applicant's request. 34 35 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 36 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 37 38 Section 1. The foregoing whereas clauses are true and correct and incorporated 39 herein by this reference. 40 41 Section 2. The City Commission of the City of Boynton Beach, Florida, does 42 hereby abandon a twelve (12) foot-wide FP&L utility easement located along the west 43 property line of Lot 3 of Block 1,Country Club Estates and running east to the east property 44 line of Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet. 45 The property being abandoned is more particularly described as follows: 46 47 48 49 S:\CA\Ordinances\Abandonments\Abandonment of FPL Utility Easement(Ocean Breeze East)-Ordinance.docx Page 697 of 715 50 THE NORTH 12.0 FEET OF THE SOUTH 25.0 FEET OF LOTS 3 51 THROUGH 10 AND LOT 12, BLOCK 1, PALM BEACH 52 COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT 53 THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43, 54 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 55 56 57 58 Section 3. The City Manager is hereby authorized and directed to execute the 59 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 60 Records of Palm Beach County, Florida. 61 62 Section 4. This Ordinance shall take effect immediately upon passage. 63 64 65 FIRST READING this day of December, 2019. 66 67 SECOND, FINAL READING AND PASSAGE THIS day of , 2019. 68 69 70 71 CITY OF BOYNTON BEACH, FLORIDA 72 73 YES NO 74 75 Mayor— Steven B. Grant 76 77 Vice Mayor—Justin Katz 78 79 Commissioner—Mack McCray 80 81 Commissioner—Christina L. Romelus 82 83 Commissioner—Ty Penserga 84 85 VOTE 86 87 ATTEST: 88 89 90 91 Crystal Gibson, MMC 92 City Clerk 93 94 95 (Corporate Seal) S:\CA\Ordinances\Abandonments\Abandonment of FPL Utility Easement(Ocean Breeze East)-Ordinance.docx Page 698 of 715 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a twelve (12)foot-wide FP&L utility easement located along the west property line of Lot 3 of Block 1, Country Club Estates and running east to the east property line of Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet. The property being abandoned is more particularly described as follows: THE NORTH 12.0 FEET OF THE SOUTH 25.0 FEET OF LOTS 3 THROUGH 10 AND LOT 12, BLOCK 1, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43,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 December, 2019. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME,the undersigned authority,personally appeared Lori LaVerriere, City Manager of the City of Boynton Beach,Florida,known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she 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 December, 2019. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinances\Abandonments\Abandonment of FPL Utility Easement(Ocean Breeze East)-Ordinance.docx Page 699 of 715 LOCATION MAP EXHIBIT A NE 8th.�►ve - F ss„��s�. � - NE��7th �►ve; �= H� i r � � � , b N NE 5th �4ve � Z 'M1 nv t 0 2550 100 150 Pato SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET I OF I w J Q U co Q) Z Nf.. 7TH A VDtiX _ N O N NORTH LINE BLOCK 1 0 o LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 j m BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 I 12'F.P. .CO. EASEMENT (O.R. 1571, PA 429) S�2 v (AREA T9 BE ABA DONED) LOT 12 0 of ,� BLOCK 1I m -ITI *(NN =N I SOUTH LINE BLOCK 1 (PLAT BOOK 11, PAGE 43) LOT 2 (PLA T BOOK 1, PAGE 4) NOTES.• DESCRIPTION.• THIS IS NOT A SURVEY THE NORTH 120 FEET OF THE SOUTH 25.0 FEET OF LOTS 3, THROUGH 10 THE SOUTH LINE OF LOT 13 IS AND LOT 12, BLOCK 1, PALM BEACH ASSUMED TO BEAR N.90000'00'E COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED F.P.L.CO. = FLORIDA POWER IN PLAT BOOK 11, PAGE 43, PUBLIC AND LIGHT COMPANY RECORDS OF PALM BEACH COUNTY, FLORIDA. O.R.B. = OFFICIAL RECORDS BOOK = CENTERLINE PAUL D. ENGLE SURVEYOR & MAPPER N0. 5708 DATE. NOVEMBER 5, 2019 O'BRIEN, SUITER do O'BRIEN, INC. CER TIFICA TE OF AUTHORIZA TION#LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N.W. 17TH A VENUE, SUITE K-1 ORDER NO. 80-153';4BANDONMENT" DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 age o X_IDrawingsIGENEPAL CADDIGxdIOCEAN SPEEZEASANDONMENT SKETCH--77/05/2019--02.77 PM-- Scale 1:240.0000 atFlorida Power&Light Company To FPL October 31, 2019 Ocean Breeze East Apartments LLC 7735 N.W. 146 St Miami Lakes, Florida 33016 RE: Ocean Breeze—East 700 N Seacrest Blvd. Boynton Beach, 33435 i Dear Elizabeth Roque: FPL has no objection to the abandonment of the above referenced easement contingent upon the following: i 1. Additional easements must be granted to FPL for any and all proposed FPL facilities necessary to service any and all future construction requiring electrical service at abandoned site. 2. All easements where FPL facilities exist are not considered abandoned until said facilities are de- energized, relocated and or removed. 3. Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or property owner and/or requesting party. j if If you require any further information or assistance, please do not hesitate to contact me at (561) 742-2057 Sincerely, t los Espina A sociate Engineer i if f A NEXTera ENERGY Company it Page 702 of 715 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Ocean Breeze East Utility Easement Abandonment File number: ABAN 20-002 Reference: ABAN 20-002 DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Per FP&L comments, the applicant shall grant any necessary easements to FP&L to provide electrical service to the project. X 2. Per FP&L comments, the applicant shall relocate / remove, at the applicant's expense, any existing utilities that may be located within X the easement proposed for abandonment. COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 703 of 715 Ocean Breeze East Utility Easement Abandonment (ABAN 20-002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: N/A CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East Utility Easement Abandonment\COA.doc Page 704 of 715 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean Breeze East Utility Easement Abandonment (ABAN 20-002) APPLICANT: Lewis Swezy, Ocean Breeze East Apartments LLC APPLICANT'S ADDRESS: 7735 NW 146th Street, Suite 306, Miami Lakes, FL 33016 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 17, 2019 APPROVAL SOUGHT: Request for abandonment of the 12 foot wide FP&L utility easement located along the west property line of Lot 3 of Block 1, Country Club Estates and running east to the east property line of Lot 12 of Block 1, Country Club Estates, for a distance of approximately 505 feet (ABAN 20-002). LOCATION OF PROPERTY: 100 NE 7th Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 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\Ocean Breeze East Utility Easement Abandonment\DO.doc Page 705 of 715 13.A. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Quarterly Census updates by Laura Lansburgh, Marketing Manager: February 18, 2020 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: Page 706 of 715 13.B. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Staff to bring forward maintenance contract with private partners for Joe Crowder Dog Park- January 7, 2020. 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: Page 707 of 715 13.C. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Discuss Local Septic Tank Inspection Program- February 18, 2020 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: Page 708 of 715 13.D. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Discuss Fine Free Program for City Library - January 21, 2020. 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: Page 709 of 715 13.E. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Discuss City Manager's evaluation and compensation. Present salary survey as requested - January 7, 2020. 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: Page 710 of 715 13.F. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Discuss purchase and sale agreement for Nichols property - February 18, 2020. 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: Page 711 of 715 13.G. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits- March 3, 2020 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: Page 712 of 715 13.H. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: The Mayor requested data on Recreation and Parks programs and attendance. Staff will provide report- January 21, 2020 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: Page 713 of 715 13.1. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Consider Vision Zero Resolution - TBD 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: Page 714 of 715 13.J. FUTURE AGENDA ITEMS 12/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/17/2019 REQUESTED ACTION BY COMMISSION: Discuss Opportunity Zones- Task Force- January 7, 2020 EXPLANATION OF REQUEST: Commissioner Penserga has requested to discuss our Opportunity Zones and a potential future task force. 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: Page 715 of 715